BILL NUMBER: AB 2398 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 16, 2012
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Hueso
(Principal coauthor: Assembly Member Huffman)
FEBRUARY 24, 2012
An act to amend Section 6103.4 of, and to repeal Article 10.9
(commencing with Section 65601) of Chapter 3 of Division 1 of Title 7
of, the Government Code, to amend Sections 28, 5410, 5411, and
5411.5 of, to add Chapter 20 (commencing with Section 26300) to
Division 20 of, and to repeal Section 116815 of, the Health and
Safety Code, to add Section 21080.43 to the Public Resources
Code, to amend Section 1502 of the Public Utilities Code, and
to amend Sections 1058.5, 10616.5, 13050, 13167.5, 13260, 13263,
and 13271 , and 13276 of, to
add Section 10781.1 to, to add Division 8 (commencing with
Section 18000) to, to repeal Section 18034 of, to repeal Chapter 6
(commencing with Section 460) of Division 1 of, to repeal Chapter 7.3
(commencing with Section 13560) and Chapter 7.5 (commencing with
Section 13575) of, to repeal and add Section 10781 of,
and to repeal and add Chapter 7 (commencing with Section
13500) of Division 7 of, the Water Code, relating to water recycling.
LEGISLATIVE COUNSEL'S DIGEST
AB 2398, as amended, Hueso. Water recycling.
Existing law establishes the State Water Resources Control Board
(state board) and the California regional water quality control
boards as the principal state agencies with authority over matters
relating to water quality. Existing law requires the State Department
of Public Health (department) to adopt uniform water recycling
criteria for indirect potable water reuse for groundwater recharge,
as defined, by December 31, 2013. Existing law requires the
department to develop and adopt uniform water recycling criteria for
surface water augmentation, as defined, by December 31, 2016, if a
specified expert panel convened by the department finds that the
criteria would adequately protect public health. Existing law
requires the department to investigate the feasibility of developing
uniform water recycling criteria for direct potable reuse, as
defined, and to provide a final report on that investigation to the
Legislature by December 31, 2016. Existing law requires the
department, in consultation with the state board, to report to the
Legislature from 2011 to 2016, inclusive, as part of the annual
budget process, on the progress towards developing and adopting the
water recycling criteria for surface water augmentation and its
investigation of the feasibility of developing water recycling
criteria for direct potable reuse. Existing law requires the state
board to enter into an agreement with the department to assist in
implementing the water recycling criteria provisions.
This bill would enact the Water Recycling Act of 2012 to revise
and consolidate those and other provisions relating to recycled
water, and make other conforming changes to existing law. The act
would establish a statewide goal to recycle a total of 1.5 million
acre-feet of water per year by the year 2020 and 2.5 million
acre-feet of water per year by the year 2030. The act would require
the state board and regional boards, the department, the Public
Utilities Commission, the Department of Water Resources, and other
state agencies to exercise the authority and discretion granted to
them by the Legislature to encourage the use of recycled water and
meet the goals of the act. The act would require the department, on
or before December 31, 2013, to adopt drinking water criteria for
groundwater recharge projects utilizing recycled water. The bill
would require the department, on or before December 31, 2016, to
develop and adopt drinking water criteria for the use of advanced
treated purified water for raw water augmentation projects not
subject to the drinking water criteria for groundwater recharge
projects utilizing recycled water. The act would subject those
criteria to review by an expert panel convened and administered by
the department to advise the department on public health issues and
scientific and technical matters. The act would prescribe the types
and contents of permits for recycled water to be issued by the state
board or a regional board, as appropriate. Because certain reports
submitted as part of the permit application process would be
submitted under penalty of perjury, this bill would impose a
state-mandated local program by creating a new crime. The act would
establish the Water Recycling Research Fund and require that certain
civil penalties be deposited into the fund, to be expended by the
state board, upon appropriation by the Legislature, to conduct or
fund research necessary to support the continued and safe use of
recycled water in the state.
The bill would also authorize the department to issue permits in
accordance with prescribed procedures for raw water augmentation
projects to specified entities, and permits for treated water
augmentation projects to public water systems. The bill would subject
permitees to filing and permit fees established by the department.
Revenues from those fees would be required to be deposited in the
Augmentation Permit Fund, which the bill would create. The money in
the fund would be available, upon appropriation by the Legislature,
solely for the purposes of the permit program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6103.4 of the Government Code is amended to
read:
6103.4. Section 6103 does not apply to any fee or charge for
official services required by Part 5 (commencing with Section 4999)
of Division 2, Division 7 (commencing with Section 13000), or
Division 8 (commencing with Section 18000), of the Water Code.
SEC. 2. Article 10.9 (commencing with Section 65601) of Chapter 3
of Division 1 of Title 7 of the Government Code is repealed.
SEC. 3. Section 28 of the Health and Safety Code is amended to
read:
28. For the purposes of this code, "recycled water" or "reclaimed
water" has the same meaning as "recycled water" as defined in
subdivision (n) of Section 13050 of the Water Code.
SEC. 4. Section 5410 of the Health and Safety Code is amended to
read:
5410. As used in this chapter:
(a) "Waste" includes sewage and any and all other waste
substances, liquid, solid, gaseous, or radioactive, associated with
human habitation, or of human or animal origin, or from any
producing, manufacturing, or processing operation of whatever nature.
(b) "Person" as used in this article also includes any city,
county, district, the state or any department or agency thereof.
(c) "Waters of the state" means any water, surface or
underground, including saline waters, within the boundaries of the
state.
(d) "Contamination" means an impairment of the quality of the
waters of the state by waste to a degree which creates a hazard to
the public health through poisoning or through the spread of disease.
"Contamination" shall include any equivalent effect resulting from
the disposal of waste, whether or not waters of the state are
affected.
(e) "Pollution" means an alteration of the quality of the waters
of the state by waste to a degree which unreasonably affects: (1)
such waters for beneficial uses, or (2) facilities which serve such
beneficial uses. "Pollution" may include "contamination."
(f) "Nuisance" means anything which: (1) is injurious to health,
or is indecent or offensive to the senses, or an obstruction to the
free use of property, so as to interfere with the comfortable
enjoyment of life or property, and (2) affects at the same time an
entire community or neighborhood, or any considerable number of
persons, although the extent of the annoyance or damage inflicted
upon individuals may be unequal, and (3) occurs during, or as a
result of, the treatment or disposal of wastes.
(g) "Regional board" means any California regional water quality
control board created pursuant to Section 13201 of the Water Code.
SEC. 5. Section 5411 of the Health and Safety Code is amended to
read:
5411. A person shall not discharge sewage or other waste, or the
effluent of treated sewage or other waste, in any manner that will
result in contamination, pollution or a nuisance. This section does
not apply to the use of recycled water, as defined in Section 18005
of the Water Code, and in accordance with the requirements of the
Water Recycling Act of 2012 (Division 8 (commencing with Section
18000) of the Water Code) or the requirements of this division.
SEC. 6. Section 5411.5 of the Health and Safety Code is amended to
read:
5411.5. (a) Any person who, without regard to intent or
negligence, causes or permits any sewage or other waste, or the
effluent of treated sewage or other waste to be discharged in or on
any waters of the state, or discharged in or deposited where it is,
or probably will be, discharged in or on any waters of the state, as
soon as that person has knowledge of the discharge, shall immediately
notify the local health officer or the director of environmental
health of the discharge.
(b) Any person who fails to provide the notice required by this
section is guilty of a misdemeanor and shall be punished by a fine of
not less than five hundred dollars ($500) nor more than one thousand
dollars ($1,000), or imprisonment for less than one year, or both
the fine and imprisonment.
(c) The notification required by this section shall not apply to
a discharge authorized by law and in compliance with waste discharge
requirements or other requirements established by the appropriate
regional water quality control board or the State Water Resources
Control Board.
(d) This section does not apply to the use of recycled water, as
defined in Section 18005 of the Water Code, and in accordance with
the requirements of the Water Recycling Act of 2012 (Division 8
(commencing with Section 18000) of the Water Code) or the
requirements of this division.
SEC. 7. Chapter 20 (commencing with Section 26300) is added to
Division 20 of the Health and Safety Code, to read:
CHAPTER 20. GROUNDWATER AQUIFER RECHARGE
26300. The Legislature finds and declares the following:
(a) Advanced treated purified water is being used to recharge
groundwater aquifers in California through direct injection of the
aquifer.
(b) Advanced treatment facilities, operated in California, have
demonstrated the ability of advanced treated purified water
technologies to reliably produce water of a higher quality than most
raw surface water sources in California.
(c) If the planned introduction of advanced treated purified water
into a raw water supply can be demonstrated to be safe and feasible,
its use will significantly aid in achieving the state board's
recycling goals.
(d) Upon completing a rigorous review and public process for
determining the safety of utilizing advanced treated purified water
for raw water augmentation, clear authority needs to be established
for the permitting of such a project.
(e) This chapter is not intended to delay, invalidate, or reverse
any study or project, or development of regulations by the department
regarding the use of recycled water for potable reuse.
26301. As used in this chapter:
(a) "Advanced treated purified water recharge project" means a raw
water augmentation project to recharge groundwater utilizing
advanced treated purified water.
(b) "Advanced treated purified water," "potable reuse," "raw
water," "raw water augmentation," "treated water augmentation," and
"uniform drinking "drinking water
criteria" have the same meanings as those terms are defined in
Section 18005 of the Water Code.
(c) "Fund" means the Augmentation Permit Fund created by
subdivision (d) of Section 26304.
26302. Advanced treated purified water is a source of supply
under Section 116550 and is not a waste under subdivision (d) of
Section 13050 of the Water Code or subdivision (a) of Section 5410.
26303. (a) The department may issue a permit for a raw water
augmentation project to a producer, wholesaler, or supplier of
recycled water, an entity responsible for groundwater replenishment,
a public water system, or a combination thereof.
(b) A permit for a treated water augmentation project may be
issued to a public water system.
(c) The department shall not issue a permit or amend a valid
existing permit for a raw water augmentation or treated water
augmentation project utilizing advanced treated purified water unless
the department does all of the following:
(1) Performs an engineering evaluation that evaluates the proposed
treatment technology and finds that the proposed technology will
ensure that the advanced treated purified water meets the drinking
water criteria established pursuant to Section 18031 of the Water
Code and poses no significant threat to public health. The department
may require the submission of a preconstruction report for the
purpose of determining compliance with the drinking water criteria.
(2) Consults with the state board or regional board regarding the
consistency of the project with the applicable water quality control
plan and other applicable plans and policies.
(3) Holds at least one duly noticed public hearing in the area
where the advanced treated purified water is proposed to be used or
supplied for human consumption and receives public testimony on that
proposed use. The department shall make available to the public, not
less than 30 days prior to the date of the first hearing held
pursuant to this subdivision, the evaluations and findings made
pursuant to paragraph (1) of subdivision (c). The department shall
receive and consider any written comments and public testimony
regarding the issuance of the proposed permit.
(d) (1) Notwithstanding subdivision (a), at any time before the
drinking water criteria are adopted pursuant to Section 18031 of the
Water Code, if the department, in consultation with the regional
board and after a public hearing, finds a proposed raw water
augmentation project will not degrade the quality of the receiving
water as a source of water supply for domestic purposes, the
department may permit the advanced treated purified water
recharge project on a case-by-case basis.
(2) If the department makes the finding specified in paragraph
(1), the department shall consider current and potential future
public health consequences of the controlled recharge before
permitting the project.
26304. (a) (1) Each person who applies for a permit in accordance
with subdivision (a) or (b) of Section 26303 shall pay a permit
filing fee according to a fee schedule established, and periodically
adjusted as appropriate, by the department in conformance with this
section.
(2) The department shall provide notice and a period of at least
30 days for public comment prior to the adoption or adjustment of any
permit filing fee as described in paragraph (1). The notification
may be provided by mailing a draft of the proposed permit filing fee
to each person who has requested notice of the specific item, or by
posting a draft of the proposed fee on the official Internet Web site
maintained by the department, and providing notice of that posting
by electronic mail to each person who has requested notice.
(3) Any permit filing fee adopted by the department, or
adjustments thereto, shall not be subject to Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code, and shall remain in effect until revised by the
department.
(b) A fee charged pursuant to this section shall equal the amount
necessary to recoup the regulatory costs incurred by the department
in issuing a permit pursuant to subdivision (a) or (b) of Section
26303.
(c) The permit filing fee shall be paid before the department may
deem the application for a permit described in subdivision (a) or (b)
of Section 26303 to be complete.
(d) The permit filing fees collected pursuant to this section
shall be deposited in the Augmentation Permit Fund, which is hereby
created. The money in the fund is available for expenditure by the
department, upon appropriation by the Legislature, solely for the
purposes specified in subdivision (b).
26305. (a) (1) Each person who is subject to a permit as
described in subdivision (a) or (b) of Section 26303, or a water
recycling permit issued by the state board or regional board pursuant
to Section 18210 or 18212 of the Water Code, shall submit an annual
fee to the department according to a fee schedule established, and
periodically adjusted as appropriate, by the department in
conformance with this section.
(2) The department shall establish, by regulation, a timetable for
payment of the annual fee.
(3) The department shall provide notice and a period of at least
30 days for public comment prior to the adoption or adjustment of any
annual fee, as described in paragraph (1), or timetable, as
described in paragraph (2). The notification may be provided by
mailing a draft of the proposed fee or timetable, as applicable, to
each person who has requested notice of the specific item, or by
posting a draft of the proposed fee or timetable, as applicable, on
the official Internet Web site maintained by the department, and
providing notice of that posting by electronic mail to each person
who has requested notice.
(4) Any annual fee or timetable adopted by the department, or
adjustments thereto, shall not be subject to the requirements of
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, and shall remain in effect until
revised by the department.
(b) The total amount of annual fees collected pursuant to this
section shall equal that amount necessary to recoup the recoverable
costs, as described in subdivision (c) of this section, incident to
performing the necessary investigations, inspections, and audits for
permits for the use of advanced treated purified water and the
administrative enforcement and adjudication of those permits, and
consultation with the state board or regional board regarding permits
issued by the state board or a regional board pursuant to Section
18210 or 18212 of the Water Code.
(c) Recoverable costs include those costs incurred by the
department in reviewing monitoring reports; prescribing permit terms
and monitoring requirements; enforcing and evaluating compliance with
permits; analyzing laboratory samples; reviewing documents prepared
for the purpose of regulating permits for the use of advanced treated
purified water; and administrative costs incurred in connection with
carrying out these actions.
(d) The fees collected pursuant to this section shall be deposited
in the Augmentation Permit Fund.
SEC. 8. Section 116815 of the Health and Safety Code is repealed.
SEC. 9. Section 21080.43 is added to the
Public Resources Code , to read:
21080.43. (a) This division does not apply to any project that
involves only the repiping, redesign, or use of recycled water for
irrigation of residential landscaping, floor trap priming cooling,
towers, air-conditioning devices, or toilet and urinal flushing in
structures necessary to comply with a requirement prescribed by a
public agency under Section 18041, 18042, or 18043 of the Water Code.
(b) The exemption in subdivision (a) does not apply to any project
to develop recycled water, to construct conveyance facilities for
recycled water, or any other project not specified in subdivision
(a).
SEC. 9. SEC. 10. Section 1502 of the
Public Utilities Code is amended to read:
1502. (a) As used in this chapter, "political subdivision" means
a county, city and county, city, municipal water district, county
water district, irrigation district, public utility district,
California water district, or any other public corporation.
(b) As used in this chapter, "service area" means an area served
by a privately owned public utility in which the facilities have been
dedicated to public use and in which territory the utility is
required to render service to the public.
(c) As used in this chapter, "operating system" means an
integrated water system for the supply of water to a service area of
a privately owned public utility.
(d) As used in this chapter, "private utility" means a privately
owned public utility providing a water service.
(e) As used in this chapter, "type of service" means, among other
things, domestic, commercial, industrial, fire protection, wholesale,
or irrigation service.
(f) As used in this chapter, "reclaimed water" means recycled
water as defined in Section 13050 of the Water Code.
(g) As used in this chapter, "private use" means an entity's use
of its own reclaimed water.
SEC. 10. SEC. 11. Chapter 6
(commencing with Section 460) of Division 1 of the Water Code is
repealed.
SEC. 11. SEC. 12. Section 1058.5 of
the Water Code is amended to read:
1058.5. (a) This section applies to any emergency regulation
adopted by the board for which the board makes both of the following
findings:
(1) The emergency regulation is adopted to prevent the waste,
unreasonable use, unreasonable method of use, or unreasonable method
of diversion, of water, to promote water recycling, or to promote
water conservation.
(2) The emergency regulation is adopted in response to conditions
which exist, or are threatened, in a critically dry year immediately
preceded by two or more consecutive dry or critically dry years.
(b) Notwithstanding Sections 11346.1 and 11349.6 of the Government
Code, any findings of emergency adopted by the board, in connection
with the adoption of an emergency regulation to which this section
applies, are not subject to review by the Office of Administrative
Law.
(c) Any emergency regulation adopted by the board to which this
section applies may remain in effect for up to 270 days, as
determined by the board, and is deemed repealed immediately upon a
finding by the board that due to changed conditions it is no longer
necessary for the regulation to remain in effect.
SEC. 12. SEC. 13. Section 10616.5 of
the Water Code is amended to read:
10616.5. "Recycled water" has the same meaning as defined in
subdivision (n) of Section 13050.
SEC. 13. Section 10781 of the Water Code is
repealed.
SEC. 14. Section 10781 is added to the Water
Code, to read:
10781. The Legislature finds and declares the following:
(a) Development of dependable and scientifically valid information
in a cost-effective manner regarding monitoring of the state's
groundwater supplies is critical to the future management of local
groundwater supplies for public health and safety.
(b) The state board adopted the Recycled Water Policy (Resolution
2009-0011) in order to increase sustainable local water supplies
available for meeting existing and future beneficial uses by
increasing the acceptance and use of recycled water to recharge local
groundwater basins.
(c) The Recycled Water Policy calls for development of salt and
nutrient management plans for groundwater basins and subbasins
throughout the state within five years. As part of these salt and
nutrient management plans, the state board requires monitoring of
emerging constituents and constituents of emerging concern (emerging
constituents). The state board intends to incorporate these plans and
emerging constituent monitoring requirements into its regional water
quality control plans as part of the implementation plans, pursuant
to Section 13242.
(d) To ensure the development of dependable, scientifically valid
data regarding the presence of emerging constituents in groundwater
throughout the state, monitoring for emerging constituents shall be
included in the Groundwater Ambient Monitoring and Assessment Program
rather than in salt and nutrient management plans.
SEC. 15. Section 10781.1 is added to the Water
Code, to read:
10781.1. In order to improve comprehensive groundwater monitoring
and increase the availability to the public of information about
groundwater contamination, the state board shall do all of the
following:
(a) In consultation with other responsible agencies, as specified
in subdivision (c), integrate existing monitoring programs and design
new program elements as necessary to establish a comprehensive
monitoring program capable of assessing each groundwater basin in the
state through direct and other statistically reliable sampling
approaches. The interagency task force established pursuant to
subdivision (c) shall determine the constituents to be included in
the monitoring program. In designing the comprehensive monitoring
program, the state board, among other things, shall integrate
projects established in response to the Supplemental Report of the
1999 Budget Act, strive to take advantage of and incorporate existing
data whenever possible, and prioritize groundwater basins that
supply drinking water.
(b) The state board shall determine the emerging constituents to
be monitored consistent with the recommendations of the advisory
panel pursuant to the Recycled Water Policy (Resolution 2009-0011).
The interagency task force established pursuant to subdivision (c)
shall determine the other constituents, other than emerging
constituents, to be included in the monitoring program. Monitoring
required pursuant to this subdivision shall replace all required
monitoring of emerging constituents by local entities implementing
water supply management in the state's groundwater basins pursuant to
salt and nutrient management plans or regional water quality control
plans, required pursuant to the state board's Recycled Water Policy
(Resolution 2009-0011) and regional water quality control plans under
Article 3 (commencing with Section 13242). The state and regional
boards shall rely on this statewide database of ambient groundwater
quality to the extent practicable.
(c) (1) Create an interagency task force for all of the following
purposes:
(A) Identifying actions necessary to establish the monitoring
program.
(B) Identifying measures to increase coordination among state and
federal agencies that collect information regarding groundwater
contamination in the state.
(C) Designing a database capable of supporting the monitoring
program that is compatible with the state board's geotracker
database.
(D) Assessing the scope and nature of necessary monitoring
enhancements.
(E) Identifying the cost of any recommended measures.
(F) Identifying the means by which to make monitoring information
available to the public.
(2) The interagency task force shall consist of a representative
of each of the following entities:
(A) The state board.
(B) The department.
(C) The State Department of Public Health.
(D) The Department of Pesticide Regulation.
(E) The Department of Toxic Substances Control.
(F) The Department of Food and Agriculture.
(d) Convene an advisory committee to the interagency task force,
with a membership that includes all of the following:
(1) Two representatives of appropriate federal agencies, if those
agencies wish to participate.
(2) Two representatives of public water systems, one of which
shall be a representative of a retail water supplier.
(3) Two representatives of environmental organizations.
(4) Two representatives of the business community.
(5) One representative of a local agency that is currently
implementing a plan pursuant to Part 2.75 (commencing with Section
10750).
(6) Two representatives of agriculture.
(7) Two representatives from groundwater management entities.
(e) (1) The members of the advisory committee may receive a per
diem allowance for each day's attendance at a meeting of the advisory
committee.
(2) The members of the advisory committee may be reimbursed for
actual and necessary travel expenses incurred in connection with
their official duties.
SEC. 16. SEC. 14. Section 13050 of
the Water Code is amended to read:
13050. As used in this division:
(a) "State board" means the State Water Resources Control Board.
(b) "Regional board" means any California regional water quality
control board for a region as specified in Section 13200.
(c) "Person" includes any city, county, district, the state, and
the United States, to the extent authorized by federal law.
(d) "Waste" includes sewage and any and all other waste
substances, liquid, solid, gaseous, or radioactive, associated with
human habitation, or of human or animal origin, or from any
producing, manufacturing, or processing operation, including waste
placed within containers of whatever nature prior to, and for
purposes of, disposal.
(e) "Waters of the state" means any surface water or groundwater,
including saline waters, within the boundaries of the state.
(f) "Beneficial uses" of the waters of the state that may be
protected against quality degradation include, but are not limited
to, domestic, municipal, agricultural and industrial supply; power
generation; recreation; aesthetic enjoyment; navigation; and
preservation and enhancement of fish, wildlife, and other aquatic
resources or preserves.
(g) "Quality of the water" refers to chemical, physical,
biological, bacteriological, radiological, and other properties and
characteristics of water which affect its use.
(h) "Water quality objectives" means the limits or levels of water
quality constituents or characteristics which are established for
the reasonable protection of beneficial uses of water or the
prevention of nuisance within a specific area.
(i) "Water quality control" means the regulation of any activity
or factor which may affect the quality of the waters of the state and
includes the prevention and correction of water pollution and
nuisance.
(j) "Water quality control plan" consists of a designation or
establishment for the waters within a specified area of all of the
following:
(1) Beneficial uses to be protected.
(2) Water quality objectives.
(3) A program of implementation needed for achieving water quality
objectives.
(k) "Contamination" means an impairment of the quality of the
waters of the state by waste to a degree which creates a hazard to
the public health through poisoning or through the spread of disease.
"Contamination" includes any equivalent effect resulting from the
disposal of waste, whether or not waters of the state are affected.
( l ) (1) "Pollution" means an alteration of the
quality of the waters of the state by waste to a degree which
unreasonably affects either of the following:
(A) The waters for beneficial uses.
(B) Facilities which serve these beneficial uses.
(2) "Pollution" may include "contamination."
(m) "Nuisance" means anything which meets all of the following
requirements:
(1) Is injurious to health, or is indecent or offensive to the
senses, or an obstruction to the free use of property, so as to
interfere with the comfortable enjoyment of life or property.
(2) Affects at the same time an entire community or neighborhood,
or any considerable number of persons, although the extent of the
annoyance or damage inflicted upon individuals may be unequal.
(3)
Occurs during, or as a result of, the treatment or disposal of
wastes.
(n) "Recycled water" means water which, as a result of treatment
of waste, is suitable for a direct beneficial use or a controlled use
that would not otherwise occur and is therefor considered a valuable
resource.
(o) "Citizen or domiciliary" of the state includes a foreign
corporation having substantial business contacts in the state or
which is subject to service of process in this state.
(p) (1) "Hazardous substance" means either of the following:
(A) For discharge to surface waters, any substance determined to
be a hazardous substance pursuant to Section 311(b)(2) of the Federal
Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.).
(B) For discharge to groundwater, any substance listed as a
hazardous waste or hazardous material pursuant to Section 25140 of
the Health and Safety Code, without regard to whether the substance
is intended to be used, reused, or discarded, except that "hazardous
substance" does not include any substance excluded from Section 311
(b)(2) of the Federal Water Pollution Control Act because it is
within the scope of Section 311(a)(1) of that act.
(2) "Hazardous substance" does not include any of the following:
(A) Nontoxic, nonflammable, and noncorrosive stormwater runoff
drained from underground vaults, chambers, or manholes into gutters
or storm sewers.
(B) Any pesticide which is applied for agricultural purposes or is
applied in accordance with a cooperative agreement authorized by
Section 116180 of the Health and Safety Code, and is not discharged
accidentally or for purposes of disposal, the application of which is
in compliance with all applicable state and federal laws and
regulations.
(C) Any discharge to surface water of a quantity less than a
reportable quantity as determined by regulations issued pursuant to
Section 311(b)(4) of the Federal Water Pollution Control Act.
(D) Any discharge to land which results, or probably will result,
in a discharge to groundwater if the amount of the discharge to land
is less than a reportable quantity, as determined by regulations
adopted pursuant to Section 13271, for substances listed as hazardous
pursuant to Section 25140 of the Health and Safety Code. No
discharge shall be deemed a discharge of a reportable quantity until
regulations set a reportable quantity for the substance discharged.
(q) (1) "Mining waste" means all solid, semisolid, and liquid
waste materials from the extraction, beneficiation, and processing of
ores and minerals. Mining waste includes, but is not limited to,
soil, waste rock, and overburden, as defined in Section 2732 of the
Public Resources Code, and tailings, slag, and other processed waste
materials, including cementitious materials that are managed at the
cement manufacturing facility where the materials were generated.
(2) For the purposes of this subdivision, "cementitious material"
means cement, cement kiln dust, clinker, and clinker dust.
SEC. 17. SEC. 15. Section 13167.5 of
the Water Code is amended to read:
13167.5. (a) The state board or the regional board, as
applicable, shall provide notice and a period of at least 30 days for
public comment prior to the adoption of any of the following:
(1) Waste discharge requirements prescribed pursuant to Sections
13263 or 13377.
(2) An order issued pursuant to Section 13320.
(3) A time schedule order adopted pursuant to Section 13300 that
sets forth a schedule of compliance and required actions relating to
waste discharge requirements prescribed pursuant to Section 13263 or
13377.
(b) The notification required by subdivision (a) may be provided
by mailing a draft of the waste discharge requirements, time schedule
order, or order issued pursuant to Section 13320 to each person who
has requested notice of the specific item, or by posting a draft of
the respective requirements or order on the official Internet
Web site maintained by the state board or regional board, and
providing notice of that posting by electronic mail to each person
who has requested notice.
(c) This section does not require the state board or the regional
board to provide more than one notice or more than one public comment
period prior to the adoption of waste discharge requirements, a time
schedule order, or an order issued pursuant to Section 13320.
SEC. 18. SEC. 16. Section 13260 of
the Water Code is amended to read:
13260. (a) Each of the following persons shall file with the
appropriate regional board a report of the discharge, containing the
information that may be required by the regional board:
(1) A person discharging waste, or proposing to discharge waste,
within any region that could affect the quality of the waters of the
state, other than into a community sewer system.
(2) A person who is a citizen, domiciliary, or political agency or
entity of this state discharging waste, or proposing to discharge
waste, outside the boundaries of the state in a manner that could
affect the quality of the waters of the state within any region.
(3) A person operating, or proposing to construct, an injection
well.
(b) No report of waste discharge need be filed pursuant to
subdivision (a) if the requirement is waived pursuant to Section
13269.
(c) Each person subject to subdivision (a) shall file with the
appropriate regional board a report of waste discharge relative to
any material change or proposed change in the character, location, or
volume of the discharge.
(d) (1) (A) Each person who is subject to subdivision (a) or (c)
shall submit an annual fee according to a fee schedule established by
the state board.
(B) The total amount of annual fees collected pursuant to this
section shall equal that amount necessary to recover costs incurred
in connection with the issuance, administration, reviewing,
monitoring, and enforcement of waste discharge requirements and
waivers of waste discharge requirements.
(C) Recoverable costs may include, but are not limited to, costs
incurred in reviewing waste discharge reports, prescribing terms of
waste discharge requirements and monitoring requirements, enforcing
and evaluating compliance with waste discharge requirements and
waiver requirements, conducting surface water and groundwater
monitoring and modeling, analyzing laboratory samples, adopting,
reviewing, and revising water quality control plans and state
policies for water quality control, and reviewing documents prepared
for the purpose of regulating the discharge of waste, and
administrative costs incurred in connection with carrying out these
actions.
(D) In establishing the amount of a fee that may be imposed on a
confined animal feeding and holding operation pursuant to this
section, including, but not limited to, a dairy farm, the state board
shall consider all of the following factors:
(i) The size of the operation.
(ii) Whether the operation has been issued a permit to operate
pursuant to Section 1342 of Title 33 of the United States Code.
(iii) Any applicable waste discharge requirement or conditional
waiver of a waste discharge requirement.
(iv) The type and amount of discharge from the operation.
(v) The pricing mechanism of the commodity produced.
(vi) Any compliance costs borne by the operation pursuant to state
and federal water quality regulations.
(vii) Whether the operation participates in a quality assurance
program certified by a regional water quality control board, the
state board, or a federal water quality control agency.
(2) (A) Subject to subparagraph (B), the fees collected pursuant
to this section shall be deposited in the Waste Discharge Permit
Fund, which is hereby created. The money in the fund is available for
expenditure by the state board, upon appropriation by the
Legislature, solely for the purposes of carrying out this division.
(B) (i) Notwithstanding subparagraph (A), the fees collected
pursuant to this section from stormwater dischargers that are subject
to a general industrial or construction stormwater permit under the
national pollutant discharge elimination system (NPDES) shall be
separately accounted for in the Waste Discharge Permit Fund.
(ii) Not less than 50 percent of the money in the Waste Discharge
Permit Fund that is separately accounted for pursuant to clause (i)
is available, upon appropriation by the Legislature, for expenditure
by the regional board with jurisdiction over the permitted industry
or construction site that generated the fee to carry out stormwater
programs in the region.
(iii) Each regional board that receives money pursuant to clause
(ii) shall spend not less than 50 percent of that money solely on
stormwater inspection and regulatory compliance issues associated
with industrial and construction stormwater programs.
(3) A person who would be required to pay the annual fee
prescribed by paragraph (1) for waste discharge requirements
applicable to discharges of solid waste, as defined in Section 40191
of the Public Resources Code, at a waste management unit that is also
regulated under Division 30 (commencing with Section 40000) of the
Public Resources Code, shall be entitled to a waiver of the annual
fee for the discharge of solid waste at the waste management unit
imposed by paragraph (1) upon verification by the state board of
payment of the fee imposed by Section 48000 of the Public Resources
Code, and provided that the fee established pursuant to Section 48000
of the Public Resources Code generates revenues sufficient to fund
the programs specified in Section 48004 of the Public Resources Code
and the amount appropriated by the Legislature for those purposes is
not reduced.
(e) Each person that discharges waste in a manner regulated by
this section shall pay an annual fee to the state board. The state
board shall establish, by regulation, a timetable for the payment of
the annual fee. If the state board or a regional board determines
that the discharge will not affect, or have the potential to affect,
the quality of the waters of the state, all or part of the annual fee
shall be refunded.
(f) (1) The state board shall adopt, by emergency regulations, a
schedule of fees authorized under subdivision (d). The total revenue
collected each year through annual fees shall be set at an amount
equal to the revenue levels set forth in the Budget Act for this
activity. The state board shall automatically adjust the annual fees
each fiscal year to conform with the revenue levels set forth in the
Budget Act for this activity. If the state board determines that the
revenue collected during the preceding year was greater than, or less
than, the revenue levels set forth in the Budget Act, the state
board may further adjust the annual fees to compensate for the over
and under collection of revenue.
(2) The emergency regulations adopted pursuant to this
subdivision, any amendment thereto, or subsequent adjustments to the
annual fees, shall be adopted by the state board in accordance with
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code. The adoption of these regulations
is an emergency and shall be considered by the Office of
Administrative Law as necessary for the immediate preservation of the
public peace, health, safety, and general welfare. Notwithstanding
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, any emergency regulations adopted
by the state board, or adjustments to the annual fees made by the
state board pursuant to this section, shall not be subject to review
by the Office of Administrative Law and shall remain in effect until
revised by the state board.
(g) The state board shall adopt regulations setting forth
reasonable time limits within which the regional board shall
determine the adequacy of a report of waste discharge submitted under
this section.
(h) Each report submitted under this section shall be sworn to, or
submitted under penalty of perjury.
(i) The regulations adopted by the state board pursuant to
subdivision (f) shall include a provision that annual fees shall not
be imposed on those who pay fees under the national pollutant
discharge elimination system until the time when those fees are again
due, at which time the fees shall become due on an annual basis.
(j) A person operating or proposing to construct an oil, gas, or
geothermal injection well subject to paragraph (3) of subdivision (a)
shall not be required to pay a fee pursuant to subdivision (d) if
the injection well is regulated by the Division of Oil and Gas of the
Department of Conservation, in lieu of the appropriate California
regional water quality control board, pursuant to the memorandum of
understanding, entered into between the state board and the
Department of Conservation on May 19, 1988. This subdivision shall
remain operative until the memorandum of understanding is revoked by
the state board or the Department of Conservation.
(k) In addition to the report required by subdivision (a), before
a person discharges mining waste, the person shall first submit both
of the following to the regional board:
(1) A report on the physical and chemical characteristics of the
waste that could affect its potential to cause pollution or
contamination. The report shall include the results of all tests
required by regulations adopted by the board, any test adopted by the
Department of Toxic Substances Control pursuant to Section 25141 of
the Health and Safety Code for extractable, persistent, and
bioaccumulative toxic substances in a waste or other material, and
any other tests that the state board or regional board may require,
including, but not limited to, tests needed to determine the
acid-generating potential of the mining waste or the extent to which
hazardous substances may persist in the waste after disposal.
(2) A report that evaluates the potential of the discharge of the
mining waste to produce, over the long term, acid mine drainage, the
discharge or leaching of heavy metals, or the release of other
hazardous substances.
SEC. 19. SEC. 17. Section 13263 of
the Water Code is amended to read:
13263. (a) The regional board, after any necessary hearing, shall
prescribe requirements as to the nature of any proposed discharge,
existing discharge, or material change in an existing discharge,
except discharges into a community sewer system, with relation to the
conditions existing in the disposal area or receiving waters upon,
or into which, the discharge is made or proposed. The requirements
shall implement any relevant water quality control plans that have
been adopted, and shall take into consideration the beneficial uses
to be protected, the water quality objectives reasonably required for
that purpose, other waste discharges, the need to prevent nuisance,
and the provisions of Section 13241.
(b) A regional board, in prescribing requirements, need not
authorize the utilization of the full waste assimilation capacities
of the receiving waters.
(c) The requirements may contain a time schedule, subject to
revision in the discretion of the board.
(d) The regional board may prescribe requirements although no
discharge report has been filed.
(e) Upon application by any affected person, or on its own motion,
the regional board may review and revise requirements. All
requirements shall be reviewed periodically.
(f) The regional board shall notify in writing the person making
or proposing the discharge or the change therein of the discharge
requirements to be met. After receipt of the notice, the person so
notified shall provide adequate means to meet the requirements.
(g) No discharge of waste into the waters of the state, whether or
not the discharge is made pursuant to waste discharge requirements,
shall create a vested right to continue the discharge. All discharges
of waste into waters of the state are privileges, not rights.
(h) The state board or a regional board may prescribe general
waste discharge requirements for a category of discharges if the
state board or that regional board finds or determines that all of
the following criteria apply to the discharges in that category:
(1) The discharges are produced by the same or similar operations.
(2) The discharges involve the same or similar types of waste.
(3) The discharges require the same or similar treatment
standards.
(4) The discharges are more appropriately regulated under general
discharge requirements than individual discharge requirements.
(i) The state board, after any necessary hearing, may prescribe
waste discharge requirements in accordance with this section.
(j) The use of recycled water, as defined in this division,
permitted prior to December 31, 2012 January
1, 2013 , utilizing water recycling requirements, master
recycling permits, or waste discharge requirements issued pursuant to
this division shall be permitted in accordance with Division 8
(commencing with Section 18000) or Chapter 20 (commencing with
Section 26300) of Division 20 of the Health and Safety Code, as
applicable, upon expiration or modification of the water recycling
requirements, master recycling permits, or waste discharge
requirements, or upon agreement by the appropriate regional board and
permitted entity, whichever is sooner.
(k) The use of recycled water, as defined in this division,
permitted prior to December 31, 2012 January
1, 2013 , utilizing water recycling requirements, master
recycling permits, or waste discharge requirements issued pursuant to
this division shall be complied with, administered, and enforced in
accordance with those water recycling requirements, master recycling
permits, or waste discharge requirements issued pursuant to this
division.
SEC. 20. SEC. 18. Section 13271 of
the Water Code is amended to read:
13271. (a) (1) Except as provided by subdivision (b), any person
who, without regard to intent or negligence, causes or permits any
hazardous substance or sewage to be discharged in or on any waters of
the state, or discharged or deposited where it is, or probably will
be, discharged in or on any waters of the state, shall, as soon as
(A) that person has knowledge of the discharge, (B) notification is
possible, and (C) notification can be provided without substantially
impeding cleanup or other emergency measures, immediately notify the
California Emergency Management Agency of the discharge in accordance
with the spill reporting provision of the state toxic disaster
contingency plan adopted pursuant to Article 3.7 (commencing with
Section 8574.16) of Chapter 7 of Division 1 of Title 2 of the
Government Code.
(2) The California Emergency Management Agency shall immediately
notify the appropriate regional board, the local health officer, and
the director of environmental health of the discharge. The regional
board shall notify the state board as appropriate.
(3) Upon receiving notification of a discharge pursuant to this
section, the local health officer and the director of environmental
health shall immediately determine whether notification of the public
is required to safeguard public health and safety. If so, the local
health officer and the director of environmental health shall
immediately notify the public of the discharge by posting notices or
other appropriate means. The notification shall describe measures to
be taken by the public to protect the public health.
(b) The notification required by this section shall not apply to a
discharge in compliance with waste discharge requirements or other
provisions of this division.
(c) Any person who fails to provide the notice required by this
section is guilty of a misdemeanor and shall be punished by a fine of
not more than twenty thousand dollars ($20,000) or imprisonment in a
county jail for not more than one year, or both. Except where a
discharge to the waters of this state would have occurred but for
cleanup or emergency response by a public agency, this subdivision
shall not apply to any discharge to land which does not result in a
discharge to the waters of this state.
(d) Notification received pursuant to this section or information
obtained by use of that notification shall not be used against any
person providing the notification in any criminal case, except in a
prosecution for perjury or giving a false statement.
(e) For substances listed as hazardous wastes or hazardous
material pursuant to Section 25140 of the Health and Safety Code, the
state board, in consultation with the Department of Toxic Substances
Control, shall by regulation establish reportable quantities for
purposes of this section. The regulations shall be based on what
quantities should be reported because they may pose a risk to public
health or the environment if discharged to groundwater or surface
water. Regulations need not set reportable quantities on all listed
substances at the same time. Regulations establishing reportable
quantities shall not supersede waste discharge requirements or water
quality objectives adopted pursuant to this division, and shall not
supersede or affect in any way the list, criteria, and guidelines for
the identification of hazardous wastes and extremely hazardous
wastes adopted by the Department of Toxic Substances Control pursuant
to Chapter 6.5 (commencing with Section 25100) of Division 20 of the
Health and Safety Code. The regulations of the Environmental
Protection Agency for reportable quantities of hazardous substances
for purposes of the federal Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec.
9601 et seq.) shall be in effect for purposes of the enforcement of
this section until the time that the regulations required by this
subdivision are adopted.
(f) (1) The state board shall adopt regulations establishing
reportable quantities of sewage for purposes of this section. The
regulations shall be based on the quantities that should be reported
because they may pose a risk to public health or the environment if
discharged to groundwater or surface water. Regulations establishing
reportable quantities shall not supersede waste discharge
requirements or water quality objectives adopted pursuant to this
division. For purposes of this section, "sewage" means the effluent
of a municipal wastewater treatment plant or a private utility
wastewater treatment plant, as those terms are defined in Section
13625, except that sewage does not include recycled water, as defined
in Section 18005.
(2) A collection system owner or operator, as defined in paragraph
(1) of subdivision (a) of Section 13193, in addition to the
reporting requirements set forth in this section, shall submit a
report pursuant to subdivision (c) of Section 13193.
(g) Except as otherwise provided in this section and Section
8589.7 of the Government Code, a notification made pursuant to this
section shall satisfy any immediate notification requirement
contained in any permit issued by a permitting agency. When notifying
the California Emergency Management Agency, the person shall include
all of the notification information required in the permit.
(h) For the purposes of this section, the reportable quantity for
perchlorate shall be 10 pounds or more by discharge to the receiving
waters, unless a more restrictive reporting standard for a particular
body of water is adopted pursuant to subdivision (e).
(i) Notification under this section does not nullify a person's
responsibility to notify the local health officer or the director of
environmental health pursuant to Section 5411.5 of the Health and
Safety Code.
SEC. 19. Section 13276 is added to the
Water Code , to read:
13276. (a) Any person who, without regard to intent or
negligence, causes or permits an unauthorized discharge of 1,000
gallons or more of recycled water, as defined in subdivision (c), in
or on any waters of the state, or causes or permits an unauthorized
discharge to be discharged where it is, or probably will be,
discharged in or on any waters of the state, as soon as (1) that
person has knowledge of the discharge, (2) notification is possible,
and (3) notification can be provided without substantially impeding
cleanup or other emergency measures, shall immediately notify the
appropriate regional board.
(b) For the purposes of this section, an unauthorized discharge
means a discharge not authorized by waste discharge requirements
pursuant to Article 4 (commencing with Section 13260), or water
reclamation requirements, or a master reclamation permit issued
pursuant to this division.
(c) For purposes of this section, "recycled water" means "recycled
water," as defined in subdivision (n) of Section 13050, which is
treated at a level less than "disinfected tertiary recycled water,"
as defined or described by the State Department of Public Health.
(d) The requirements in this section supplement, and shall not
supplant, any other provision of law.
SEC. 21. SEC. 20. Chapter 7
(commencing with Section 13500) of Division 7 of the Water Code is
repealed.
SEC. 22. SEC. 21. Chapter 7
(commencing with Section 13500) is added to Division 7 of the Water
Code, to read:
CHAPTER 7. WASTE WELLS
13500. (a) A person shall not construct, maintain, or use any
waste well extending to or into a subterranean water-bearing stratum
that is used or intended to be used as, or is suitable for, a source
of water supply for domestic purposes.
(b) As used in this chapter, "waste well" includes any hole dug or
drilled into the ground, used, or intended to be used for the
disposal of waste.
SEC. 23. SEC. 22. Chapter 7.3
(commencing with Section 13560) of Division 7 of the Water Code is
repealed.
SEC. 24. SEC. 23. Chapter 7.5
(commencing with Section 13575) of Division 7 of the Water Code is
repealed.
SEC. 25. SEC. 24. Division 8
(commencing with Section 18000) is added to the Water Code, to read:
DIVISION 8. Water Recycling
CHAPTER 1. GENERAL
Article 1. Short Title
18000. This division shall be known and may be cited as the Water
Recycling Act of 2012.
Article 2. Findings and Declarations
18001. The Legislature hereby finds and declares all of the
following:
(a) The State of California is subject to periodic drought
conditions, and the development of traditional water resources in
California has not kept pace with the state's growing population.
(b) The people of the
state have a primary interest in the development of new basic water
supplies, as that term is used in Chapter 5 (commencing with Section
12880) of Part 6 of Division 6, including maximizing recycled water
use to supplement existing water supplies and to minimize the impacts
of growing demand for new water on sensitive natural water bodies.
As such, the state is to encourage development of water recycling
facilities so that recycled water may be made available to help meet
the water requirements of the state.
(c) Recycled water has been proven to be a safe, cost-effective,
and reliable method of helping to meet California's water supply
needs.
(d) A substantial portion of the future water requirements of this
state may be economically met by the beneficial use of recycled
water. Recycled water is a key and necessary component for California'
s long-term reliable water supply, and complements demand management,
improvements in efficiency, and supply augmentation strategies.
(e) The benefits of using recycled water include, but are not
limited to, a reduced demand for water in the Sacramento-San Joaquin
Delta that is otherwise needed to maintain water quality and support
regional economies of the state; reduced discharges of waste into
inland surface waters and the ocean; the enhancement and protection
of groundwater basins, recreation, fisheries, wetlands, and riparian
areas; a reduction in greenhouse gas emissions; the protection of
investments in agriculture, greenbelts, and recreation; the provision
of jobs; and enhancement of the state's economy through the
development and implementation of recycled water projects.
(f) In accordance with Section 2 of Article X of the California
Constitution, in order to put the water resources of the state to
beneficial use to the fullest extent of which they are capable, the
use of potable water or raw water from a natural stream or water
course in this state is unreasonable and a waste of such water where
recycled water is reasonably available in accordance with this
division for the beneficial use to be served. Any use of recycled
water in lieu of water suitable for potable domestic use is, to the
extent of the recycled water so used, deemed to constitute a
reasonable beneficial use of water, and the use of recycled water
shall not cause any loss or diminution of any existing water right.
(g) The State Department of Public Health establishes uniform
water recycling criteria for each varying type of use of recycled
water where the use involves the protection of public health.
(h) Recycled water can be produced using different levels of
treatment, as necessary and appropriate for the beneficial use to be
made, and for the protection of public health and the environment.
(i) The use of recycled water in accordance with this division is
presumed not to have adverse impacts on public health, the
environment, or on the protection of beneficial uses, and to meet
applicable water quality objectives in the basin plans adopted by the
state board and regional boards.
(j) The impoundment of recycled water can augment surface storage
capability, thereby increasing the quantity of recycled water that
can be applied to beneficial uses, and can also reduce the
unnecessary use of potable water to fill impoundments.
(k) It is the intent of the Legislature that the provisions of
this division shall be construed to encourage the development by
local public agencies and water suppliers of recycled water and its
potential for use as a water source consistent with the goals of
Chapter 3 (commencing with Section 10608) of Part 2.55 of Division 6.
(l) It is the intent of the Legislature to establish a clear
statutory framework for the permitting and regulation of recycled
water. This division shall fully cover the requirements, permitting,
and enforcement applicable to recycled water other than advanced
treated purified water. Advanced treated purified water, as defined
in this division, shall be permitted as a source of supply in
accordance with Sections 26302 and 26303 of the Health and Safety
Code.
(m) The recycling of water, the supply, storage, or use of
recycled water in accordance with the requirements of this division
shall not be considered a discharge of waste or sewage for purposes
of Section 13264 or 13271, or a nuisance, except as provided
in this division as defined in subdivision (m) of
Section 13050 .
Article 3. Definitions
18005. As used in this division:
(a) "Advanced treated purified water" means water of wastewater
origin treated with a treatment method at least as effective as
membrane filtration, reverse osmosis, advanced oxidation, or
disinfection , and that includes
engineered reliability features or other suitable
treatment as approved by the State Department of Public Health.
(b) "Advanced treated purified water recharge project" means a raw
water augmentation project to recharge groundwater using surface
application or direct injection of advanced treated purified water.
(c) "Customer" means a person or entity that purchases water from
a retail water supplier.
(d) "Designated recycled water use area" means an area within the
boundaries of the local agency that can, or may, in the future be
served with recycled water in lieu of potable or raw water, including
groundwater, and is so designated by the local agency.
(e) "Drinking water criteria" means the standards promulgated by
the State Department of Public Health specifying the maximum levels
of constituents in soil aquifer treated purified water and advanced
treated purified water used for potable reuse together with means for
reliably treating the recycled water, which, in the judgment of the
State Department of Public Health, will result in drinking water that
is safe for the uses to be made.
(f) "Entity responsible for groundwater replenishment" means any
person or entity authorized by statute or court order to manage a
groundwater basin and acquire water for groundwater replenishment.
(g) "Groundwater recharge" means the augmentation of groundwater,
by natural or artificial means, with surface water or recycled water.
(h) "Impoundment" means a facility in which recycled water is
stored or used for aesthetic enjoyment or landscape irrigation, or
which otherwise serves a similar function, and is not intended to be
used as part of a potable water supply.
(i) "Incidental runoff" means unintended minor amounts of runoff
from recycled water use areas, such as unintended, minimal overspray
from sprinklers that escapes the designated recycled water use area.
(j) "Land use agency" means any city, county, or city and county.
(k) "Local public agency" means a city, county, city and county,
district, or any other political subdivision of the state.
(l) "Nonpotable reuse" means the planned treatment of wastewater
to a quality suitable for nonpotable purposes.
(m) "Person" includes any individual, corporation, partnership,
association, city, county, district, the state, and the United
States, to the extent authorized by federal law.
(n) "Potable reuse" means the planned treatment of wastewater
through multiple barriers, which may include engineered treatment
processes or natural treatment barriers, to reliably produce a
potable water supply.
(o) "Potable water" means water that is satisfactory for drinking,
culinary, and domestic purposes and meets the requirements of the
health authority having jurisdiction.
(p) "Raw water" means surface water or groundwater in its
naturally occurring state, prior to treatment.
(q) "Raw water augmentation" means the planned introduction of
recycled water into any raw water or raw water conveyance facility,
treatment facility, or storage reservoir.
(r) (1) "Recycled water" means water produced by the treatment of
municipal wastewater in accordance with applicable requirements, that
is suitable for a direct beneficial use or a controlled use that
would not otherwise occur and is therefore considered a valuable
resource. For purposes of this division, recycled water includes the
following:
(A) "Soil aquifer treated purified water" and "advanced treated
purified water," as defined in this section.
(B) Wastewater treated as "disinfected tertiary recycled water,"
as defined or described by the State Department of Public Health.
(C) Wastewater receiving advanced treatment beyond disinfected
tertiary recycled water but that is not advanced treated or soil
aquifer treated purified water as defined in this section.
(2) "Recycled water" as defined in this section shall not be
considered "waste" as defined in subdivision (d) of Section 13050,
"waste" as defined in subdivision (a) of Section 5410 of the Health
and Safety Code, or "sewage" or the "effluent of treated sewage or
other waste" as used in Section 5411 of the Health and Safety Code.
(s) "Recycled water groundwater recharge project" means
groundwater recharge utilizing surface application of recycled water
that is not advanced treated purified water.
(t) "Recycled water producer" means any local public or private
entity that produces recycled water in accordance with this division.
(u) "Recycled water wholesaler" means any local public entity that
distributes recycled water to retail water suppliers and that has
constructed, or is constructing, a recycled water distribution
system.
(v) "Regional board" means any California regional water quality
control board for a region, as specified in Section 13200.
(w) "Retail water supplier" means any local entity, including a
public agency, city, county, or private water company that provides
retail water service.
(x) "Soil aquifer treated purified water" means wastewater treated
as "disinfected tertiary recycled water," as defined or described by
the State Department of Public Health, that has also undergone
treatment in unsaturated and saturated soil conditions
underground .
(y) "State board" means the State Water Resources Control Board.
(z) "Storm-induced overflow" means the displacement of water from
a nonpotable impoundment containing recycled water by the inflow of
rainwater or stormwater runoff. Overflow is not considered storm
induced if it is due to intentional release or due to failure to
cease the placement of recycled water into the impoundment during a
storm or while inflow from a storm is continuing.
(aa) "Structure" or "structures" means commercial, retail, and
office buildings, theaters, auditoriums, condominium projects,
schools, hotels, apartments, barracks, dormitories, jails, prisons
and reformatories, and other structures as determined by the State
Department of Public Health.
(ab) "Treated water augmentation" means the planned introduction
of recycled water into potable water.
(ac) "Uniform water recycling criteria" or "recycling criteria"
means the standards promulgated by the State Department of Public
Health for levels of constituents in recycled water, together with
means for reliably treating the recycled water, which will result in
recycled water that is safe for the uses to be made.
(ad) "Wastewater" means water that has been used for domestic,
commercial, industrial, or other purposes and discarded through a
pipe or other conveyance to a publicly owned
treatment works. For purposes of this division, wastewater does
not include water that has been used solely for industrial purposes
before being discarded.
(ae) "Waters of the state" means any surface water or groundwater,
including saline waters, within the boundaries of the state.
CHAPTER 2. RECYCLING GOALS
18010. (a) This division establishes a statewide goal to recycle
a total of 1.5 million acre-feet of water per year by the
year 2020 and 2.5 million acre-feet of water per year by
the year 2030.
(b) The state board and regional boards, the State Department of
Public Health, the Public Utilities Commission, the department, and
other state agencies shall exercise the authority and discretion
granted to them by the Legislature to encourage the use of recycled
water and meet the goals established in subdivision (a).
(c) The use of recycled water in accordance with this division or
Chapter 20 (commencing with Section 26300) of Division 20 of the
Health and Safety Code, and the use of recycled water as defined in
subdivision (n) of Section 13050, shall count toward meeting the
water recycling goals established in subdivision (a).
CHAPTER 3. GENERAL PROVISIONS
18015. (a) An action authorized pursuant to this division shall
be consistent, to the extent applicable, with the federal Clean Water
Act (33 U.S.C. Sec. 1251 et seq.) and the federal Safe Drinking
Water Act (42 U.S.C. Sec. 300f et seq.).
(b) Nothing in this division is intended to alter or affect any
existing water rights.
18016. The state board and the State Department of Public Health
may each adopt regulations to carry out their powers and duties under
this division. Any regulations adopted shall be consistent with this
division, including achievement of the water recycling goals set
forth in Section 18010.
18017. The State Department of Public Health may accept public or
private funds from any source, and may expend these funds, upon
appropriation by the Legislature, for the purposes of this division.
CHAPTER 4. USES OF RECYCLED WATER
Article 1. Uniform Water Recycling Criteria for Nonpotable
Uses
18020. (a) The State Department of Public Health shall establish
and maintain uniform water recycling criteria for each varying type
of nonpotable use of recycled water where the use requires protection
of public health.
(b) Adoption of uniform water recycling criteria by the State
Department of Public Health is subject to the requirements of Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code.
Article 2. Drinking Water Criteria for Potable Uses
18030. The Legislature finds and declares the following:
(a) The use of recycled water for potable reuse is critical to
achieving the state's water recycling goals established in Section
18010 for increased use of recycled water in the state.
(b) California is a national leader in potable reuse. Potable
reuse projects have been permitted in California and have delivered
safe water to customers since 1962, using a combination of
engineered and natural treatment processes and natural
barriers . Ongoing advancements in these
treatment technologies processes have
increased the opportunities to develop potable reuse projects that
have been proven to provide effective barriers and
reliably deliver safe water to customers.
(c) Treatment Engineered and natural trea
tment processes or natural barriers, such
as soil aquifer treatment , selected for individual potable
reuse projects , can purify water. The
particular appropriate process for each
reuse project should be selected based on local hydrological and
geological conditions , or combination of processes,
should consider the type of reuse project and site-specific
conditions .
(d) Achievement of the state's water recycling goals depends on
the timely development of appropriate criteria for potable reuse by
the State Department of Public Health.
(e) This article is not intended to delay, invalidate, or reverse
any study or project, or development of regulations by the State
Department of Public Health, the state board, or the regional boards
regarding the use of recycled water for potable reuse.
(f) This article shall not be construed to delay, invalidate, or
reverse the State Department of Public Health's ongoing review of
projects consistent with Section 116551 of the Health and Safety
Code.
18031. (a) On or before December 31, 2013, the State Department
of Public Health shall adopt drinking water criteria for groundwater
recharge projects utilizing recycled water.
(b) (1) On or before December 31, 2016, the State Department of
Public Health shall develop and adopt drinking water criteria for the
use of advanced treated purified water for raw water augmentation
projects not subject to the criteria established pursuant to
subdivision (a).
(2) Prior to adopting drinking water criteria for the use of
advanced treated purified water for raw water augmentation pursuant
to paragraph (1), the State Department of Public Health shall submit
the proposed criteria to the expert panel convened pursuant to
subdivision (a) of Section 18035. The expert panel shall review the
proposed criteria and shall make a finding as to whether, in its
expert opinion, the proposed criteria would adequately protect public
health.
(3) The State Department of Public Health shall not adopt drinking
water criteria for the use of advanced treated purified water for
raw water augmentation pursuant to paragraph (1) unless and until the
expert panel adopts a finding that the proposed criteria would
adequately protect public health.
(c) Adoption of drinking water criteria by the State Department of
Public Health is subject to the requirements of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
18032. (a) (1) The State Department of Public Health shall
investigate and report to the Legislature on the feasibility of
developing drinking water criteria for potable reuse involving
treated water augmentation.
(2) The State Department of Public Health shall complete a public
review draft of its report by June 30, 2016. The State Department of
Public Health shall provide the public not less than 45 days to
review and comment on the public review draft.
(3) The State Department of Public Health shall provide a final
report to the Legislature by December 31, 2016. The State Department
of Public Health shall make the final report available to the public.
(b) In conducting the investigation pursuant to subdivision (a),
the State Department of Public Health shall examine all of the
following:
(1) The availability and reliability of recycled water treatment
technologies necessary to ensure the protection of public health.
(2) Multiple barriers and sequential treatment processes that may
be appropriate at wastewater and water treatment facilities.
(3) Available information on health effects.
(4) Mechanisms that should be employed to protect the public
health if problems are found in recycled water that is being served
to the public as a potable water supply, including, but not limited
to, the failure of treatment systems at the wastewater or water
treatment facility.
(5) Monitoring needed to ensure protection of public health,
including, but not limited to, the identification of appropriate
indicator and surrogate constituents.
(6) Any other scientific or technical issues that the State
Department of Public Health determines to be necessary, including,
but not limited to, the need for additional research.
(c) (1) Notwithstanding Section 10231.5 of the Government Code,
the requirement for submitting a report imposed under paragraph (3)
of subdivision (a) is inoperative on December 31, 2020.
(2) A report to be submitted pursuant to paragraph (3) of
subdivision (a) shall be submitted in compliance with Section 9795 of
the Government Code.
18033. In performing its investigation of the feasibility of
developing the drinking water criteria for potable reuse involving
treated water augmentation, the State Department of Public Health
shall consider all of the following:
(a) Recommendations from the expert panel appointed pursuant to
paragraph (1) of subdivision (a) of Section 18035.
(b) Recommendations from an advisory group, task force, or other
group appointed by the State Department of Public Health pursuant to
paragraph (1) of subdivision (b) of Section 18035.
(c) Regulations and guidelines for these activities from
jurisdictions in other states, the federal government, or other
countries.
(d) Research regarding constituents of emerging concern, as
developed pursuant to Section 10 of the Recycled Water Policy adopted
by state board Resolution No. 2009-0011.
(e) Results of the investigation undertaken pursuant to Section
18032.
(f) Water quality and health risk assessments associated with
existing potable water supplies subject to discharges from municipal
wastewater, stormwater, and agricultural runoff.
18034. (a) The State Department of Public Health, in consultation
with the state board, shall report to the Legislature as part of the
annual budget process, in each year through 2016, inclusive, on the
progress toward developing and adopting drinking water criteria for
the use of advanced treated purified water for raw water augmentation
pursuant to paragraph (1) of subdivision (b) of Section 18031 and
its investigation of the feasibility of developing drinking water
criteria for treated water augmentation pursuant to Section 18032.
(b) (1) A written report submitted pursuant to subdivision (a)
shall be submitted in compliance with Section 9795 of the Government
Code.
(2) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on January 1, 2017.
18035. (a) (1) The State Department of Public Health shall
convene and administer an expert panel for the purposes of advising
the State Department of Public Health on public health issues and
scientific and technical matters regarding the following:
(A) Development of drinking water criteria for raw water
augmentation of surface water using advanced treated purified water
pursuant to paragraph (1) of subdivision (b) of Section 18031.
(B) Investigation of the feasibility of developing drinking water
criteria for treated water augmentation pursuant to Section 18032.
(2) The expert panel shall be comprised, at a minimum, of a
toxicologist, an engineer licensed in the state with at least three
years' experience in wastewater treatment, an engineer licensed in
the state with at least three years' experience in treatment of
drinking water supplies and knowledge of drinking water standards, an
epidemiologist, a microbiologist, and a chemist.
(3) Members of the expert panel may be reimbursed for reasonable
and necessary travel expenses.
(b) (1) The State Department of Public Health shall appoint an
advisory group, task force, or other group, comprised of no fewer
than nine representatives of water and wastewater agencies, local
public health officers, environmental organizations, environmental
justice organizations, public health nongovernmental organizations,
and the business community, to advise the State Department of Public
Health regarding the development of drinking water criteria pursuant
to subdivision (b) of Section 18031 and investigation of the
feasibility of developing drinking water criteria pursuant to Section
18032.
(2) Environmental, environmental justice, and public health
nongovernmental organization representative members of the advisory
group, task force, or other group may be reimbursed for reasonable
and necessary travel expenses.
Article 3. Nonpotable Uses of Recycled Water
18040. (a) The use of potable water for nonpotable uses,
including, but not limited to, toilet and urinal flushing in
structures, irrigation of cemeteries, golf courses, parks, highway
landscaped areas, and residential landscaping, floor trap priming,
cooling towers, air-conditioning devices, and other industrial and
irrigation uses, is a waste or an unreasonable use of the water
within the meaning of Section 2 of Article X of the California
Constitution if the state board or regional board determines, after
notice to any person or entity who may be ordered to use recycled
water or to cease using potable water and, if requested by the person
or entity after a hearing held pursuant to Article 2 (commencing
with Section 648) of Chapter 1.5 of Division 3 of Title 23 of the
California Code of Regulations, that recycled water meeting all of
the following conditions is available:
(1) The source of recycled water is of adequate quality for
nonpotable uses and is available for these uses. In determining
adequate quality, the state board or regional board shall consider
all relevant factors, including, but not limited to, food and
employee safety, and level and types of specific constituents in the
recycled water affecting these uses, on a user-by-user basis.
(2) The recycled water may be furnished for nonpotable uses at a
reasonable cost to the user. In determining reasonable cost, the
state board or regional board shall consider all relevant factors,
including, but not limited to, the present and projected costs of
supplying, delivering, and treating potable water for these uses and
the present and projected costs of supplying, delivering, and
treating recycled water for these uses, and shall find that the cost
of supplying the treated recycled water is comparable to, or less
than, the cost of supplying potable water.
(3) After concurrence with the State Department of Public Health,
the use of recycled water from the proposed source will not be
detrimental to the public health.
(4) The use of recycled water for these uses will not adversely
affect downstream water rights, will not degrade water quality
or beneficial uses , except in accordance with the applicable
water quality control plan, and is determined not to be injurious to
plantlife, fish, and wildlife.
(b) In making the determination pursuant to subdivision (a), the
state board or regional board shall consider the impact of the cost
and quality of the nonpotable water on each individual user.
(c) The state board or regional board may require a public agency
or person subject to this article to furnish information which the
state board or regional board determines to be relevant to making the
determination required in subdivision (a).
18041. (a) Any state or local public agency may require the use
of recycled water for irrigation of residential landscaping, if all
of the following requirements are met:
(1) The use of recycled water does not cause any loss or
diminution of any existing water right.
(2) The irrigation systems are constructed in accordance with
Chapter 3 (commencing with Section 60301) of Division 4 of Title 22
of the California Code of Regulations.
(b) This section applies to both of the following:
(1) Any existing approved use that is retrofitted to receive
recycled water.
(2) Any new use that is permitted or begins construction
after January 1, 2013.
18042. (a) Any state or local public agency may require the use
of recycled water in floor trap priming, cooling towers, and
air-conditioning devices, if both of the following requirements are
met:
(1) The use of recycled water does not cause any loss or
diminution of any existing water right.
(2) If public exposure to aerosols, mist, or spray may occur,
appropriate mist mitigation or mist control is provided, such as the
use of mist arrestors or the addition of biocides to the water in
accordance with criteria established pursuant to Section 18020.
(b) This section applies to both of the following:
(1) New industrial facilities and subdivisions for which the
building permit is issued on or after January 1, 2013, or, if a
building permit is not required, new structures for which
construction begins on or after January 1, 2013, for which the State
Department of Public Health has approved the use of recycled water.
(2) Any structure that is retrofitted to permit the use of
recycled water for floor traps, cooling towers, or air-conditioning
devices, for which the State Department of Public Health has approved
the use of recycled water.
18043. (a) Any state or local public agency may require the use
of recycled water for toilet and urinal flushing in structures,
except a mental hospital or other facility operated by a public
agency for the treatment of persons with mental disorders, if all of
the following requirements are met:
(1) The use of recycled water does not cause any loss or
diminution of any existing water right.
(2) The public agency has prepared an engineering report pursuant
to Section 60323 of Title 22 of the California Code of Regulations
that includes plumbing design, cross-connection control, and
monitoring requirements for the use site, which are in compliance
with criteria established pursuant to Section 18020.
(b) Recycled water may be used in condominiums
a condominium project, as described in subdivision (f) of
Section 1351 of the Civil Code, for toilet and urinal flushing,
subject to all of the following additional conditions:
(1) For any condominium, the lease or condominium's declaration,
as defined in Section 1351 of the Civil Code, shall provide that the
laws and regulations governing recycled water apply, shall not permit
any exceptions to those laws and regulations, shall incorporate the
report described in subdivision (a), and shall contain the following
statement:
"NOTICE OF USE OF RECYCLED WATER
This property is approved by the State Department of Public Health
for the use of recycled water for toilet and urinal flushing. This
water is not potable, is not suitable for indoor purposes other than
toilet and urinal flushing purposes, and requires dual plumbing.
Alterations and modifications to the plumbing system require a permit
and are prohibited without first consulting with the appropriate
local building code enforcement agency and your property management
company or homeowners' association to ensure that the recycled water
is not mixed with the drinking water."
(2) That each project will be tested by the recycled water agency
or the responsible local agency at least once every four years to
ensure that there are no indications of a possible cross connection
between the condominium's potable and nonpotable systems.
(3) The recycled water agency or the responsible local agency
shall maintain records of all tests and inspections conducted.
Article 4. Exemptions from Environmental Quality Act
18050. Division 13 (commencing with Section 21000) of
the Public Resources Code does not apply to any project that involves
only the retrofit of existing plumbing systems to accommodate the
use of recycled water Any project that involves only
the repiping, redesign, or use of recycled water for irrigation of
residential landscaping, floor trap priming, cooling towers, air
-conditioning devices, or toilet and urinal flushing in
structures necessary to comply with a requirement prescribed by a
public agency under Section 18041, 18042, or 18043 is exempt from
Division 13 (commencing with Section 21000) of the Public
Resources Code as provided in Section 21080.43 of the Public
Resources Code .
Article 5. Special Provisions
18060. (a) The Legislature hereby finds and declares that certain
coastal areas of the state have been using sea water to flush
toilets and urinals as a means of conserving potable water; that this
practice precludes the beneficial reuse of treated wastewater and
has had a deleterious effect on the proper wastewater treatment
process, and has led to corrosion of the sea water distribution
pipelines and wastewater collection systems; that this situation must
be changed; and that the use of recycled water in structures for
toilet and urinal flushing does not pose a threat to public health
and safety.
(b) Any state or local public agency, that is providing a separate
distribution system for sea water for use in flushing toilets and
urinals in residential structures may, by ordinance or regulation, as
appropriate, authorize the use of recycled water for the flushing of
toilets and urinals in residential structures if the level of
treatment and the use of the recycled water meets the criteria set by
the State Department of Public Health.
CHAPTER 4. 5. PLANNING FOR
RECYCLED WATER
Article 1. Installation of Dual Piping for Irrigation
18100. (a) If a recycled water producer, wholesaler, or supplier
determines that within 10 years the recycled water producer ,
wholesaler, or supplier proposes to provide recycled water for
use for state landscape irrigation that meets all of the conditions
set forth in Section 18040, the recycled water producer, wholesaler,
or supplier shall so notify the Department of Transportation and the
Department of General Services, and shall identify in the notice the
area that is eligible to receive the recycled water, and the
necessary infrastructure that the recycled water producer,
wholesaler, or supplier proposes to provide, to facilitate delivery
of the recycled water.
(b) If notice has been provided pursuant to subdivision (a), all
pipe installed by the Department of Transportation or the Department
of General Services for landscape irrigation within the identified
area shall be of the type necessary to meet the requirements of
Section 116815 of the Health and Safety Code and applicable
regulations.
Article 2. Studies Related to Recycled Water
18110. The department shall conduct studies and investigations on
the availability and quality of wastewater and the uses of recycled
water for beneficial purposes, including, but not limited to,
groundwater recharge, municipal and industrial use, irrigation use,
and cooling for thermal electric powerplants.
18111. The department shall study and investigate the technology
of the use of recycled water and further the development of the
technology of the recycling of water.
Article 3. Water Recycling in Landscaping Act
18120. If a recycled water producer, wholesaler, or supplier
determines that within 10 years the recycled water producer,
wholesaler, or supplier will provide recycled water within the
boundaries of a land use agency that meets all of the conditions
described in Section 18040, the recycled water producer ,
wholesaler, or supplier shall notify the land use agency of
that fact and shall identify in the notice the area that is eligible
to receive the recycled water, and the necessary infrastructure that
the recycled water producer, wholesaler, or supplier will provide to
support delivery of the recycled water.
18121. (a) Within 180 days of receipt of notification from a
recycled water producer , wholesaler, or supplier pursuant
to Section 18120, the land use agency shall adopt and enforce a
recycled water ordinance pursuant to this article.
(b) The ordinance shall include, but not be limited to, provisions
that do all of the following:
(1) State that it is the policy of the land use agency that
recycled water determined to be available pursuant to Section 18040
shall be used for nonpotable uses within the designated recycled
water use area set forth by the land use agency when the local public
agency determines that there is not an alternative higher or better
use for the recycled water, its use is economically justified, and
its use is financially and technically feasible for projects under
consideration by the land use agency.
(2) Designate the areas within the boundaries of the land use
agency that can or may in the future use recycled water, including,
but not limited to, existing urban areas in lieu of potable water.
(3) Establish general rules and regulations governing the use and
distribution of recycled water in accordance with applicable laws and
regulations.
(4) Establish that the use of the recycled water is determined to
be available pursuant to Section 18040 in new industrial, commercial,
or residential subdivisions located within the designated recycled
water use areas for which a tentative map or parcel map is required
pursuant to Section 66426 of the Government Code. These provisions
shall require a separate plumbing system to serve nonpotable uses in
the common areas of the subdivision, including, but not limited to,
golf courses, parks, greenbelts, landscaped streets, and landscaped
medians. The separate plumbing system to serve nonpotable uses shall
be independent of the plumbing system provided to serve domestic,
residential, and other potable water uses in the subdivision.
(5) Require that recycled water service shall not commence within
the designated recycled water use area in any service area of a
private utility, as defined in Section 1502 of the Public Utilities
Code, or to any service area of a public agency retail water supplier
that is not a local public agency as defined in Section 18005,
except in accordance with a written agreement between the recycled
water producer or wholesaler and the private utility or public agency
retail water supplier that shall be made available in a timely
manner by the recycled water producer or wholesaler to the land use
agency adopting the ordinance pursuant to this article.
18122. The recycled water ordinance adopted by a land use agency
pursuant to Section 18121 shall not apply to either of the following:
(a) A tentative map as defined in Section 66424.5 of the
Government Code, or a development, as defined in Section 65927 of the
Government Code, that was approved by the land use agency prior to
the receipt of notification from a recycled water producer,
wholesaler, or supplierpursuant supplier
pursuant to Section 18120.
(b) A subdivision map application that is deemed complete pursuant
to Section 65943 of the Government Code prior to the land use agency'
s receipt of a notice from a recycled water producer, wholesaler, or
supplier pursuant to Section 18120.
18123. (a) This chapter shall not apply to any land use agency
that adopted a recycled water ordinance or other regulation requiring
the use of recycled water in its jurisdiction prior to January 1,
2001.
(b) This chapter does not alter any rights, remedies, or
obligations that may exist pursuant to Chapter 8.5 (commencing with
Section 1501) of Part 1 of Division 1 of the Public Utilities Code.
Article 4. Provisions Specific to Recycled Water Suppliers and
Retail
18130. In addition to any other authority provided in law, any
water supplier described in subdivision (b) of Section 1745 may
acquire, store, provide, sell, and deliver recycled water for any
beneficial use, including, but not limited to, municipal, industrial,
domestic, and irrigation uses, if the water use is in accordance
with the uniform water recycling criteria and regulations established
pursuant to this division or the drinking water criteria for
advanced treated purified water and soil aquifer treated
purified water established pursuant to subdivision (b)
of Section 18031.
18131. (a) Retail water suppliers shall identify potential uses
for recycled water within their service areas, potential customers
for recycled water service within their service areas, and, within a
reasonable time, potential sources of recycled water.
(b) Recycled water producers and recycled water wholesalers may
also identify potential uses for recycled water, and may assist
retail water suppliers in identifying potential customers for
recycled water service within the service areas of those retail water
suppliers.
(c) Recycled water producers, wholesalers, and suppliers, and
entities responsible for groundwater replenishment may cooperate in
joint technical, economic, and environmental studies, as appropriate,
to determine the feasibility of providing recycled water service and
recycled water for groundwater replenishment consistent with the
criteria set forth in paragraphs (1) to (3), inclusive, of
subdivision (a) of Section 18040 and in accordance with Section 60320
of Title 22 of the California Code of Regulations.
18132. (a) A retail water supplier that has identified a
potential use or customer pursuant to Section 18131 may apply to a
recycled water producer or recycled water wholesaler for a recycled
water supply.
(b) A recycled water producer or recycled water wholesaler that
has identified a potential use or customer pursuant to Section 18131
may request, in writing, a retail water supplier to enter into an
agreement to provide recycled water to the potential customer.
(c) A customer may request, in writing, a retail water supplier to
enter into an agreement to provide recycled water to the customer.
(d) (1) An entity responsible for groundwater replenishment that
is a customer of a retail water supplier and that has identified the
potential use of recycled water for groundwater replenishment
purposes may, in writing, request that retail water supplier to enter
into an agreement to provide recycled water for that purpose. That
entity shall not obtain recycled water for that purpose from a
recycled water producer, a recycled water wholesaler, or another
retail water supplier without the agreement of the entity's retail
water supplier.
(2) An entity responsible for groundwater replenishment that is
not a customer of a retail water supplier and that has identified the
potential use of recycled water for groundwater replenishment
purposes may, in writing, request a retail water supplier, a recycled
water producer, or a recycled water wholesaler to enter into an
agreement to provide recycled water for that purpose.
18133. (a) (1) A retail water supplier that receives a request
from a customer pursuant to subdivision (c) of Section 18132 shall
enter into an agreement to provide recycled water, if recycled water
is available, or can be made available, to the retail water supplier
for sale to the customer.
(2) Notwithstanding paragraph (1), in accordance with a written
agreement between a recycled water producer or a recycled water
wholesaler and a retail water supplier, the retail water supplier may
delegate to a recycled water producer or a recycled water wholesaler
its responsibility under this section to provide recycled water.
(b) A customer shall not obtain recycled water from a recycled
water producer, a recycled water wholesaler, or a retail water
supplier other than the retail water supplier whose service area
includes the property to which the customer requests recycled water
delivery without the agreement of the retail water supplier for that
service area.
(c) If either a recycled water producer or a recycled water
wholesaler provides a customer of a retail water supplier with a
written statement that it can and will provide recycled water to the
retail water supplier, the retail water supplier shall, not later
than 120 days from the date on which the retail water supplier
receives the written statement from the customer, by certified mail,
return receipt requested, submit a written offer to the customer. A
determination of availability pursuant to Section 18040 is not
required.
(d) If the state board, pursuant to Section 18040, makes a
determination that there is available recycled water to serve a
customer of a retail water supplier, the retail water supplier, not
later than 120 days from the date on which the retail water supplier
receives a copy of that determination from the customer, by certified
mail, return receipt requested, shall submit a written offer to the
customer.
Article 5. Distribution of Recycled Water in Separate Purple
Pipelines
18140. (a) Water delivery systems on private property that could
deliver recycled water for nonpotable uses that are constructed on
and after January 1, 1993, shall be designed to ensure that the water
to be used for potable uses is delivered, from the point of entry to
the private property to be served, in a separate pipeline that is
not used to deliver the recycled water.
(b) This section applies to water delivery systems on private
property constructed within either of the following jurisdictions:
(1) One that has an urban water management plan that includes the
intent to develop recycled water use.
(2) One that does not have an urban water management plan that
includes recycled water use, but that is within five miles of a
jurisdiction that does have an urban water management plan that
includes recycled water use, and has indicated a willingness to serve
the water delivery system.
(3) One that has received notice under Section 18120.
(c) This section does not preempt local regulation of the delivery
of water for potable and nonpotable uses and any local governing
body may adopt requirements for water delivery systems on private
property that are more restrictive than the requirements of this
section.
18141. (a) All pipes installed above or below the ground, on and
after June 1, 1993, that are designed to carry recycled water, shall
be colored purple or distinctively wrapped with purple tape.
(b) Subdivision (a) shall apply only in areas served by a water
supplier delivering water for municipal and industrial purposes, and
shall not apply to any either of the
following:
(1) Municipal or industrial facilities that have established a
labeling or marking system for recycled water on their premises, as
otherwise required by a local agency, that clearly distinguishes
recycled water from potable water.
(2) Water delivered for agricultural use.
CHAPTER 5. 6. PERMITTING OF
RECYCLED WATER
Article 1. Authority
18200. The use of recycled water, as defined in this division,
with the exception of advanced treated purified water, shall be
permitted by the appropriate regional board or the state board in
accordance with this chapter. The use of advanced treated purified
water shall be permitted in accordance with Chapter 20 (commencing
with Section 26300) of Division 20 of the Health and Safety Code. All
other water reuse shall be permitted as appropriate in accordance
with Division 7 (commencing with Section 13000).
18201. (a) The state board and regional boards shall issue water
recycling permits for nonpotable uses of recycled water, and recycled
water groundwater recharge projects using soil aquifer treated
purified water, in conformance with this division. Water recycling
permits for nonpotable uses of recycled water shall implement the
uniform water recycling criteria adopted by the State Department of
Public Health pursuant to Section 18020. Water recycling permits for
recycled water groundwater recharge projects using soil aquifer
treated purified water shall implement the drinking water criteria
adopted by the State Department of Public Health pursuant to
subdivision (a) of Section 18031.
(b) The state board and regional boards shall permit raw water
augmentation projects not subject to the criteria developed pursuant
to Section 18031 utilizing recycled water that is not advanced
treated purified water on a case-by-case basis in consultation with
the State Department of Public Health.
(c) Except as provided for in subdivision (d), the use of advanced
treated purified water for raw water augmentation shall be permitted
as a source of supply by the State Department of Public Health
pursuant to Section Sections 26302
and 26303 of the Health and Safety Code and not subject to a
water recycling permit. The permits shall implement the drinking
water criteria adopted by the State Department of Public Health
pursuant to subdivision (b) of Section 18031.
(d) When advanced treated purified water is used in conjunction
with soil aquifer treated purified water in a recycled water
groundwater recharge project, the recycled water groundwater recharge
project shall be regulated in accordance with a water recycling
permit issued pursuant to Section 18212. The permit shall implement
the drinking water criteria adopted by the State Department of Public
Health pursuant to subdivision (a) of Section 18031.
18202. In addition to establishing uniform water recycling
criteria pursuant to Section 18020 and drinking water criteria
pursuant to Section 18031, the State Department of Public Health
shall review reports of intent to recycle water as provided in
Article 3 (commencing with Section 18220) and make any
recommendations for the proposed recycled water projects to the state
board and regional boards as appropriate for protection of public
health.
18203. (a) The use of recycled water, as defined in this
division, permitted prior to December 31, 2012
January 1, 2013 , utilizing water recycling requirements,
master recycling permits, or waste discharge requirements issued
pursuant to Division 7 (commencing with Section 13000) shall be
permitted in accordance with this division or Chapter 20 (commencing
with Section 26300) of Division 20 of the Health and Safety Code, as
applicable, upon expiration or modification of the water recycling
requirements, master recycling permits, or waste discharge
requirements, or upon agreement by the appropriate regional board and
permitted entity, whichever is sooner.
(b) The use of recycled water, as defined in this division,
permitted prior to December 31, 2012 January
1, 2013 , utilizing water recycling requirements, master
recycling permits, or waste discharge requirements issued pursuant to
Division 7 (commencing with Section 13000) shall be complied with,
administered, and enforced in accordance with those water recycling
requirements, master recycling permits, or waste discharge
requirements issued pursuant to Division 7 (commencing with Section
13000).
Article 2. Types of Permits
18210. (a) The state board or a regional board may issue a water
recycling permit for nonpotable reuse to a producer, wholesaler, or
supplier of recycled water, or a combination thereof for multiple
uses and users of recycled water.
(b) A water recycling permit for nonpotable reuse shall include
all of the following:
(1) Water recycling requirements to assure compliance with the
uniform water recycling criteria for nonpotable reuse.
(2) A requirement that the permittee establish and enforce rules
or regulations for recycled water users governing the use of recycled
water in accordance with the uniform water recycling criteria.
(3) A requirement that the permittee submit an annual report
summarizing recycled water use, including the total amount of
recycled water supplied, the total number of recycled water use
sites, and the locations of those sites, including the names of the
groundwater basins underlying the recycled water use sites.
(4) A requirement that the permittee create a program for
oversight of the facilities of the recycled water users to monitor
compliance by the users with the uniform water recycling criteria,
the applicable water recycling permit, and the requirements of the
permittee's adopted rules and regulations.
(5) A requirement that the permittee comply with the program
described in the permittee's report of intent to recycle water filed
pursuant to Section 18220.
(c) With regard to requirements related to the protection of the
public health, the state board and regional boards shall implement
the recommendations of the State Department of Public Health.
(d) Where water recycling occurs within an area covered by a
municipal separate storm sewer system permit issued pursuant to the
federal National Pollutant Discharge Elimination System, the state
board and regional water boards shall regulate incidental runoff to
the extent necessary as a low threat nonstormwater discharge under
the municipal separate storm sewer system permit.
(e) The state board and regional boards shall regulate filling and
storm-induced overflow of nonpotable surface water augmentation
reservoirs and other nonpotable impoundments on a case-by-case basis
as necessary to avoid or minimize identified adverse impacts relating
to the individual impoundment that are not addressed by uniform
water recycling criteria.
18211. (a) In lieu of issuing a water recycling permit for
nonpotable reuse to a producer, wholesaler, or supplier of recycled
water, the state board or a regional water board may issue general
permits that provide coverage to producers, wholesalers, or
suppliers, or a combination thereof.
(b) A general permit for recycled water that involves nonpotable
reuse shall include requirements consistent with those specified in
Section 18210 for an individual water recycling permit.
18212. (a) The state board or a regional board may issue a
recycled water groundwater recharge permit to a producer, wholesaler,
or supplier of recycled water, an entity responsible for groundwater
replenishment, or a combination thereof, for recycled water
groundwater recharge projects using soil aquifer treated purified
water, alone or in conjunction with advanced treated purified water.
(b) A recycled water groundwater recharge permit shall include all
of the following:
(1) Requirements to assure ensure
compliance with the drinking water criteria for recycled water
groundwater recharge projects.
(2) Source control requirements needed to protect the quality of
the recycled water and achieve the requirements of paragraph (1).
(3) Appropriate monitoring and reporting requirements to
characterize the quality of the recycled water and groundwater basin
and demonstrate compliance with the requirements of the permit.
(4)
Specifications with respect to buffer zones, travel times, diluent
ratios, and groundwater retention requirements, as recommended by the
State Department of Public Health to protect public health.
(5) A requirement that the permittee comply with the program
described in the permittee's report of intent to recycle water filed
pursuant to Section 18221.
(c) With regard to requirements related to protection of public
health, the state board and regional boards shall implement the
recommendations of the State Department of Public Health.
Article 3. Permit Application
18220. (a) Any recycled water producer, wholesaler, or supplier
of recycled water for nonpotable purposes for which uniform water
recycling criteria have been established shall file with the
appropriate regional board a report of intent to recycle water
containing the following information:
(1) An engineering report containing the information required by
the State Department of Public Health in accordance with its
regulations established in Title 22 of the California Code of
Regulations. The engineering report shall include, but not be limited
to, a description of the methods method
or methods of wastewater treatment for the category of recycled
water to be used and a description of the method or methods to be
used to assure ensure that the
installation and operation of the recycled system will not result in
cross-connections between the recycled water and potable water piping
systems, but shall not require the identification of every site that
may be connected to the recycled water delivery system as long as
every category of recycled water use is addressed. The engineering
report shall also include a detailed operations plan for the recycled
water use areas, including methods and procedures for implementation
of regulations regarding recycled water use and maintenance of
equipment and emergency backup systems, and a monitoring and
reporting program to demonstrate compliance with subdivision (b) of
Section 18210.
(2) An implementation plan for demonstrating that the use of
recycled water in accordance with this division will not cause the
receiving water to exceed any water quality objective specified for
the receiving water in the applicable water quality control plan,
except as provided in Section 18224. Where a salt or nutrient, or
salt and nutrient, management plan is in place for the basin or
subbasin, the implementation plan may consist of the implementation
provisions of that plan.
(3) As applicable, a copy of the recycled water producer's,
wholesaler's, or supplier's established rules, or general rules or
regulations as approved by the State Department of Public Health for
producers, wholesalers, suppliers, and users, governing the use of
recycled water in accordance with the uniform water recycling
criteria.
(b) Every recycled water producer, wholesaler, or supplier of
recycled water shall file with the appropriate regional board a
report of any material change or proposed change in the character of
the recycled water or its use.
(c) Each report under this section shall be sworn to, or submitted
under penalty of perjury.
(d) This section shall not be construed so as to require any
report in the case of any producing, manufacturing, or processing
operation involving the recycling of water solely for use in the
producing, manufacturing, or processing operation.
18221. (a) Any person proposing a recycled water groundwater
recharge project as defined in this division, within any region and
in accordance with the uniform drinking water
criteria, shall file with the appropriate regional board a report of
intent to recycle water containing the following information:
(1) An engineering report consisting of the information required
by the State Department of Public Health in accordance with its
regulations established in Title 22 of the California Code of
Regulations. The engineering report shall include, but not be limited
to, a description of the method or methods of treatment, a
description of the proposed retention time and methodology used to
calculate the retention time, a description of the diluent
requirements, recycled water contribution and methods for
establishing the diluent requirements and recycled water
contribution, and a description of the proposed monitoring program
consistent with the drinking water criteria. The engineering report
shall also include a detailed operations plan, including methods and
procedures for implementation of the drinking water criteria, and
maintenance of equipment and emergency backup systems.
(2) An implementation plan for demonstrating that the use of
recycled water in accordance with this division will not cause the
underlying groundwater to exceed any water quality objective
specified for the groundwater in the applicable water quality control
plan, except as provided in Section 18224. Where a
salt/nutrient salt or nutrient, or salt and nutrient,
plan is in place for the basin or subbasin, the implementation
plan may consist of the implementation provisions of such
salt/nutrient that plan.
(b) Every person recycling water or using recycled water subject
to this section shall file with the appropriate regional board a
report of any material change or proposed change in the character of
the recycled water or its use.
(c) Each report under this section shall be sworn to, or submitted
under penalty of perjury.
18221.5. (a) The applicable regional board shall determine the
adequacy of a report of intent to recycle water filed pursuant to
either Section 18220 or 18221 within the time limits set forth in
Section 65943 65956 of the Government
Code.
(b) When a project is deemed approved pursuant to Section
65943 65956 of the Government Code due
to a regional board failure to act on a report of intent to recycle
water, the applicant may recycle water as proposed in the report of
intent to recycle water until the regional board adopts a water
recycling permit or recycled water groundwater recharge permit
relative to that project. The regional board shall adopt an
appropriate water recycling permit or recycled water groundwater
recharge permit as soon as possible for any project deemed approved
pursuant to Section 65943 65956 of the
Government Code.
(c) When the applicant has submitted all the information required
by the regional board in accordance with this chapter and any fee
that is due, the report of intent to recycle water shall be deemed
filed. The applicant shall be notified to that effect.
18222. The state board and each regional board shall consult with
and receive the recommendations of the State Department of Public
Health prior to prescribing any water recycling permit as described
in Section 18210 or 18212 or a general permit for recycled water as
described in Section 18211.
18223. (a) The state board or a regional board, as applicable,
shall hold a public hearing for the adoption of any water recycling
permit as described in Section 18210 or 18212 or a general permit for
recycled water as described in Section 18211.
(b) The state board or the regional board, as applicable, shall
provide notice and a period of at least 30 days for public comment
prior to the adoption of any water recycling permit or general permit
for recycled water.
(c) The notification required by subdivision (b) may be provided
by mailing a draft of the water recycling permit or general permit
for recycled water to each person who has requested notice of the
specific item, or by posting a draft of the respective requirements
or order on the official Internet Web site maintained by
the state board or regional board, and providing notice of that
posting by electronic mail to each person who has requested notice.
18224. The state board and regional boards shall not deny
issuance of a water recycling permit or general permit for recycled
water to a project that violates only a salinity standard in the
basin plan.
Article 4. Permit Fees
18230. (a) (1) Each person who submits a report of intent to
recycle water in accordance with Section 18220 or 18221 shall submit
a permit filing fee according to a fee schedule established, and
periodically adjusted as appropriate, by the state board in
conformance with this section.
(2) The state board shall provide notice and a period of at least
30 days for public comment prior to the adoption or adjustment of any
permit filing fee as described in paragraph (1) at a noticed public
meeting. The notification may be provided by mailing a draft of the
proposed permit filing fee to each person who has requested notice of
the specific item, or by posting a draft of the proposed fee on the
official Internet Web site maintained by the state board, and
providing notice of that posting by electronic mail to each person
who has requested notice.
(3) Any permit filing fee adopted by the state board, or
adjustments thereto, shall not be subject to the requirements of
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, and shall remain in effect until
revised by the state board.
(b) The total amount of permit filing fees collected pursuant to
this section shall equal that amount necessary to recoup the costs
incurred by the state board or regional board in issuing water
recycling permits and general permits for recycled water.
(c) The permit filing fee shall be paid before the appropriate
regional board may deem the report of intent to recycle water to be
complete.
(d) The permit filing fees collected pursuant to this section
shall be deposited in the Water Recycling Permit Fund, which is
hereby created. The money in the fund is available for expenditure by
the state board, upon appropriation by the Legislature, solely for
the purposes of carrying out this division.
18231. (a) (1) Each person who is subject to a water recycling
permit as described in Section 18210 or 18212, a general permit for
recycled water as described in Section 18211, or a permit issued by
the State Department of Public Health pursuant to Section 26302 of
the Health and Safety Code shall submit an annual fee according to a
fee schedule established, and periodically adjusted as appropriate,
by the state board in conformance with this section.
(2) The state board shall establish, by regulation, a timetable
for payment of the annual fee.
(3) The state board shall provide notice and a period of at least
30 days for public comment prior to the adoption or adjustment of any
annual fee as described in paragraph (1) or timetable as described
in paragraph (2) at a noticed public meeting. The notification may be
provided by mailing a draft of the proposed fee or timetable, as
applicable, to each person who has requested notice of the specific
item, or by posting a draft of the proposed fee or timetable, as
applicable, on the official Internet Web site maintained by the state
board, and providing notice of that posting by electronic mail to
each person who has requested notice.
(4) Any annual fee or timetable adopted by the state board, or
adjustments thereto, shall not be subject to the requirements of
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, and shall remain in effect until
revised by the state board.
(b) The total amount of annual fees collected pursuant to this
section shall equal the amount necessary to recoup the recoverable
costs as described in subdivision (c) incurred in connection with the
administration, reviewing, monitoring, and enforcement of water
recycling permits and general permits for recycled water and
consultation with the State Department of Public Health regarding
permits issued pursuant to Section 26302
26303 of the Health and Safety Code.
(c) Recoverable costs are those costs incurred by the state board
or a regional board in reviewing monitoring reports; prescribing
terms of water recycling permits, general permits for recycled water,
and monitoring requirements; enforcing and evaluating compliance
with water recycling permits and general permits for recycled water;
analyzing laboratory samples; and reviewing documents prepared for
the purpose of regulating permits for water recycling; and
administrative costs incurred in connection with carrying out these
actions.
(d) The fees collected pursuant to this section shall be deposited
in the Water Recycling Permit Fund established pursuant to Section
18230.
CHAPTER 5.5. 7. ADMINISTRATIVE
AND JUDICIAL REVIEW
18300. An aggrieved person may petition the state board to review
any action or failure to act of a regional board pursuant to this
division in the same manner as provided for an action or failure to
act of a regional board pursuant to Division 7 (commencing with
Section 13000) in accordance with Section 13320. The petition may
include a request for stay of the water recycling permit or any
requirements thereof. A request for stay shall be subject to the
procedural requirements of Sections 13320 and 13321.
18301. A person aggrieved by a decision or order of a regional
board subject to review under Section 18300, or of a decision or
order of the state board, may obtain review of the decision or order
of the regional board or state board, as appropriate, in the superior
court in the same manner as provided for review of a regional board
or state board decision or order under Division 7 (commencing with
Section 13000) in the superior court in accordance with the
procedural requirements of Section 13330.
CHAPTER 6. 8. REPORTING AND
INVESTIGATION
18350. (a) Any person who, without regard to intent or
negligence, causes or permits an unauthorized release of 50,000
gallons or more of tertiary recycled water, as defined in subdivision
(c), in or on any waters of the state, or causes or permits such
unauthorized release to occur where it has, or probably will, enter
any waters of the state, shall, as soon as (1) that person has
knowledge of the release, (2) notification is possible, and (3)
notification can be provided without substantially impeding cleanup
or other emergency measures, immediately notify the appropriate
regional board.
(b) For the purposes of this section, an unauthorized release
means a release of recycled water not authorized by a water recycling
permit pursuant to Section 18210 or 18212, a general permit for
recycled water pursuant to Section 18211, or any other provision of
this division.
(c) For the purposes of this section, "tertiary recycled water"
means wastewater treated as "disinfected tertiary recycled water," as
defined or described by the State Department of Public Health or
wastewater receiving advanced treatment beyond disinfected tertiary
2.2 recycled water that is not advanced treated purified water.
(d) Storm-induced overflow is not an unauthorized release.
18351. (a) Any person refusing or failing to provide the notice
required by Section 18350, or as required by a condition of a water
recycling permit or a general permit for recycled water requiring
notification of unauthorized releases of recycled water, may be
subject to administrative civil liability in an amount not to exceed
the following:
(1) For the first violation, or a subsequent violation occurring
more than 365 days from a previous violation, five thousand dollars
($5,000).
(2) For a second violation occurring within 365 days of a previous
violation, ten thousand dollars ($10,000).
(3) For a third or subsequent violation occurring within 365 days
of a previous violation, twenty-five thousand dollars ($25,000).
(b) The penalties in this section supplement, and shall not
supplant, any other provisions of law.
(c) Any penalties paid pursuant to this section shall be deposited
into the Water Recycling Research Fund established pursuant to
Section 18405.
18352. (a) A regional board may require any person suspected of
producing, wholesaling, supplying, or using recycled water in
violation of Section 18221 18220 or
Section 18220 18221 , or subdivision
(a) of Section 18400 to furnish information that the regional board
considers relevant to determining whether a violation is occurring or
has occurred.
(b) When requested by the person furnishing a report, the portions
of a report that might disclose trade secrets or secret processes
shall not be made available for inspection by the public but shall be
made available to governmental agencies for use in making studies.
However, these portions of a report shall be available for use by the
state or any state agency in judicial review or enforcement
proceedings involving the person furnishing the report.
(c) In conducting an investigation pursuant to subdivision (a),
the regional board may inspect the facilities of any person to
ascertain whether the purposes of this division are being met and
that water recycling permits or general permits for recycled water
are being complied with. The inspection shall be made with the
consent of the owner or possessor of the facilities or, if the
consent is withheld, with a warrant duly issued pursuant to the
procedure set forth in Title 13 (commencing with Section 1822.50) of
Part 3 of the Code of Civil Procedure. However, in the event of an
emergency affecting the public health or safety, an inspection may be
performed without consent or the issuance of a warrant.
(b)
(d) The state board may carry out the authority granted
to a regional board pursuant to this section if, after consulting
with the regional board, the state board determines that it will not
duplicate the efforts of the regional board.
CHAPTER 7. 9. ENFORCEMENT
18400. (a) A person shall not produce, wholesale, supply, or use
recycled water for any purpose for which uniform water recycling
criteria or drinking water criteria have been established until a
water recycling permit or general permit has been issued pursuant to
this division or the state board or applicable regional board
determines that no such requirements or permits are necessary.
(b) Upon the refusal or failure of any person or persons
producing, wholesaling, supplying, or using recycled water to comply
with subdivision (a), the Attorney General, at the request of the
regional board, shall petition the superior court for the issuance of
a temporary restraining order, preliminary injunction, or permanent
injunction, or combination thereof, as may be appropriate,
prohibiting forthwith any person or persons from violating or
threatening to violate the provisions of subdivision (a).
(c) Any person or persons producing, wholesaling, supplying, or
using recycled water in violation of subdivision (a), after the
violation has been called to his or her attention in writing by the
state board or regional board, is guilty of a misdemeanor. Each day
of production, wholesaling, supplying, or use of recycled water shall
constitute a separate offense.
(d) Civil liability may be administratively imposed by a regional
board in accordance with Sections 18401 and 18403 for a violation of
subdivision (a) in an amount which shall not exceed one thousand
dollars ($1,000) for each day in which the violation occurs.
18401. (a) Any executive officer of a regional board may issue a
complaint to any person on whom administrative civil liability may be
imposed pursuant to this chapter. The complaint shall allege the act
or failure to act that constitutes a violation of law, the provision
of law authorizing civil liability to be imposed pursuant to this
chapter, and the proposed civil liability.
(b) The complaint shall be served by certified mail or in
accordance with Article 3 (commencing with Section 415.10) and
Article 4 (commencing with Section 416.10) of Chapter 4 of Title 5 of
Part 2 of the Code of Civil Procedure, and shall inform the party so
served that a hearing before the regional board shall be conducted
within 90 days after the party has been served. The person who has
been issued a complaint may waive the right to a hearing.
(c) In proceedings under this part chapter
for imposition of administrative civil liability by the state
board, the executive director of the state board shall issue the
complaint and any hearing shall be before the state board, or before
a member of the state board in accordance with Section 183, and shall
be conducted not later than 90 days after the party has been served.
(d) Orders imposing administrative civil liability shall become
effective and final upon issuance thereof, and are not subject to
review by any court or agency except as provided by Sections 18300
and 18301. Payment shall be made not later than 30 days from the date
on which the order is issued. The time for payment is extended
during the period in which a person who is subject to an order seeks
review under Sections 18300 and 18301. Copies of these orders shall
be served by certified mail or in accordance with Article 3
(commencing with Section 415.10) and Article 4 (commencing with
Section 416.10) of Chapter 4 of Title 5 of Part 2 of the Code of
Civil Procedure upon the party served with the complaint and shall be
provided to other persons who appeared at the hearing and requested
a copy.
(e) Information relating to hearing waivers and the imposition of
administrative civil liability, as proposed to be imposed and as
finally imposed, under this section shall be made available to the
public by means of the Internet.
18402. No person shall be subject to both civil liability imposed
under this chapter and civil liability imposed by the superior court
under Section18405 for the same act or failure to act.
18403. In determining the amount of civil liability, the regional
board, and the state board upon review of any order pursuant to
Section 18300, shall take into consideration the nature,
circumstance, extent, and gravity of the violation or violations,
whether the release is susceptible to cleanup or abatement, and, with
respect to the violator, the ability to pay, the effect on ability
to continue in business, any voluntary cleanup efforts undertaken,
any prior history of violations, the degree of culpability, economic
benefit or savings, if any, resulting from the violation, and other
matters as justice may require.
18404. After the time for judicial review under Section 18301 has
expired, the state board may apply to the clerk of the appropriate
court in the county in which the civil liability or penalty was
imposed, for a judgment to collect the civil liability or penalty.
The application, which shall include a certified copy of the state
board or regional board action, constitutes a sufficient showing to
warrant issuance of the judgment. The court clerk shall enter the
judgment immediately in conformity with the application. The judgment
so entered has the same force and effect as, and is subject to all
the provisions of law relating to, a judgment in a civil action, and
may be enforced in the same manner as any other judgment of the court
in which it is entered.
18405. (a) A person who (1) violates a cease and desist order
hereafter issued, reissued, or amended by a regional board or the
state board pursuant to this division, or (2) in violation of a water
recycling permit or other order or prohibition issued, reissued, or
amended by a regional board or the state board pursuant to this
division, causes or permits recycled water to be used except in
accordance with a water recycling permit or other actions or
provisions of this division, including overflow of recycled water
from an impoundment that does not constitute storm-induced overflow
as defined in this division, shall be liable civilly, and remedies
may be proposed, in accordance with subdivision (c) or (d).
(b) A person shall not be liable under subdivision (a) if the
release is caused solely by any one or combination of the following:
(1) An act of war.
(2) An unanticipated grave natural disaster or other natural
phenomenon of an exceptional, inevitable, and irresistible character,
the effects of which could not have been prevented or avoided by the
exercise of due care or foresight.
(3) Negligence on the part of the state, the United States, or any
department or agency thereof. However, this paragraph shall not be
interpreted to provide the state, the United States, or any
department or agency thereof a defense to liability for any release
caused by its own negligence.
(4) An intentional act of a third party, the effects of which
could not have been prevented or avoided by the exercise of due care
or foresight.
(5) Any other circumstance or event that causes the release
despite the exercise of every reasonable precaution to prevent or
mitigate the release.
(c) The court may impose civil liability either on a daily basis
or on a per gallon basis, but not on both.
(1) The civil liability on a daily basis shall not exceed fifteen
thousand dollars ($15,000) for each day the violation occurs.
(2) The civil liability on a per gallon basis shall not exceed
twenty dollars ($20) for each gallon of recycled water released.
(d) The state board or a regional board may impose civil liability
administratively pursuant to Section 18401 either on a daily basis
or on a per gallon basis, but not on both.
(1) The civil liability on a daily basis shall not exceed five
thousand dollars ($5,000) for each day the violation occurs.
(A) When there is a release, and a cease and desist order is
issued that requires cleanup, except as provided in subdivision (e),
the civil liability shall not be less than five hundred dollars
($500) for each day in which the release occurs and for each day the
cease and desist order is violated.
(B) When there is no release, but an order issued by the regional
board is violated, except as provided in subdivision (e), the civil
liability shall not be less than one hundred dollars ($100) for each
day in which the violation occurs.
(2) The civil liability on a per gallon basis shall not exceed ten
dollars ($10) for each gallon of recycled water released.
(e) A regional board shall not administratively impose civil
liability in accordance with paragraph (1) of subdivision (d) in an
amount less than the minimum amount specified, unless the regional
board makes express findings setting forth the reasons for its action
based upon the specific factors required to be considered pursuant
to Section 18403.
(f)
The Attorney General, upon request of a regional board or the state
board, shall petition the superior court to impose, assess, and
recover the sums. Except in the case of a violation of a cease and
desist order, a regional board or the state board shall make the
request only after a hearing, with due notice of the hearing given to
all affected persons. In determining the amount to be imposed,
assessed, or recovered, the court shall be subject to Section 18406.
(g) A person who incurs any liability established under this
section shall be entitled to contribution for that liability from a
third party, in an action in the superior court and upon proof that
the release was caused in whole or in part by an act or omission of
the third party, to the extent that the release is caused by the act
or omission of the third party, in accordance with the principles of
comparative fault.
(h) (1) The Legislature hereby establishes the Water Recycling
Research Fund.
(2) Notwithstanding any other law, all funds generated by the
imposition of liabilities pursuant to this section shall be deposited
into the Water Recycling Research Fund. These moneys shall be
separately accounted for, and shall be expended by the state board,
upon appropriation by the Legislature, to conduct or fund research
necessary to support the continued and safe use of recycled water in
the state.
(i) In lieu of assessing penalties pursuant to this section, the
state board or regional board, with the concurrence of the person
subject to liability in accordance with this section, may direct a
portion of the amount that could have been imposed as a penalty to be
expended on a supplemental environmental project. For purposes of
this subdivision, "supplemental environmental project" means an
environmentally beneficial project relating to water quality that a
person agrees to undertake, with the approval of the regional board,
that would not be undertaken in the absence of an enforcement action
under this section.
18406. In determining the amount of civil liability to be imposed
pursuant to this chapter, the superior court shall take into
consideration the nature, circumstance, extent, and gravity of the
violation or violations, whether the release is susceptible to
cleanup or abatement, the degree of toxicity of the release, and,
with respect to the violator, the ability to pay, the effect on
ability to continue in business, any voluntary cleanup efforts
undertaken, any prior history of violations, the degree of
culpability, economic benefit or savings, if any, resulting from the
violation, and such other matters as justice may require.
18407. If a regional board finds that recycled water is being, or
may be, produced, wholesaled, supplied, or used in a manner that
violates or will violate a water recycling permit or general permit
prescribed by the regional board or the state board, the board may
require the producer, wholesaler, supplier, or user to submit for
approval of the board, with modifications as it determines necessary,
a detailed time schedule of specific actions the producer,
wholesaler, supplier, or user shall take in order to correct or
prevent a violation of the water recycling permit or general permit.
18408. (a) If a regional board finds that recycled water is
being, or may be, produced, wholesaled, supplied, or used in
violation of a water recycling permit or general permit for recycled
water, the state board or regional board, as applicable, may issue an
order to cease and desist and direct that those persons not
complying with the water recycling permit or general permit for
recycled water comply immediately, comply in accordance with a time
schedule set by the board, or take appropriate remedial or preventive
action. Cease and desist orders may be issued directly by a board,
after notice and hearing.
(b) Cease and desist orders shall become effective and final upon
issuance. Copies shall be served immediately by personal service or
by registered mail upon the person being charged with the violation
of the requirements and upon other affected persons who appeared at
the hearing and requested a copy.
18409. (a) If the regional board determines there is a threatened
or continuing violation of any cease and desist order, the regional
board may issue an order establishing a time schedule for compliance
and prescribing a civil penalty which shall become due if compliance
is not achieved in accordance with that time schedule.
(b) The amount of the civil penalty shall be based upon the amount
reasonably necessary to achieve compliance, and may not include any
amount intended to punish or redress previous violations. The amount
of the penalty may not exceed ten thousand dollars ($10,000) for each
day in which the violation occurs.
(c) Any person who fails to achieve compliance in accordance with
the schedule established in an order issued pursuant to subdivision
(a) shall be liable civilly in an amount not to exceed the amount
prescribed by the order. The regional board may impose the penalty
administratively in accordance with this chapter. If the regional
board imposes the penalty in an amount less than the amount
prescribed in the order issued pursuant to subdivision (a), the
regional board shall make express findings setting forth the reasons
for its action.
(d) The state board may exercise the powers of a regional board
under this section if the violation or threatened violation involves
requirements prescribed by an order issued by the state board.
(e) Funds collected pursuant to this section shall be deposited in
the State Water Pollution Cleanup and Abatement Account.
(f) Civil liability may be imposed pursuant to this section only
if civil liability is not imposed pursuant to Section 18405.
18410. (a) If the State Department of Public Health or a local
health officer finds that a contamination of potable water supplies
exists as a result of the use of recycled water, the department or
local health officer shall order the contamination abated in
accordance with the procedure provided for in Chapter 6 (commencing
with Section 5400) of Part 3 of Division 5 of the Health and Safety
Code.
(b) The use of recycled water in accordance with the uniform water
recycling criteria established pursuant to Section 18020, and
drinking water criteria established pursuant to Section 18031, for
the purpose of this section, does is presumed
not to cause, constitute, or contribute to, any form
of contamination. If new information becomes available or
circumstances materially change, the regional board may reopen,
revise, and reissue the water recycling permit.
CHAPTER 8. 10. FUNDING
18450. The department may assist local agencies and public
utilities providing water service in applying for, and in obtaining
approval of, federal and state funding and permits for cost-effective
water recycling projects and shall confer and cooperate with the
state board during the application and approval process.
18451. To implement the policy declarations of this division, the
state board is authorized to provide loans for the development of
water recycling facilities, or for studies and investigations in
connection with water recycling, pursuant to the provisions of
Chapter 6 (commencing with Section 13400) of Division 7.
18452. In administering any statewide program of financial
assistance for water pollution or water quality control delegated to
it pursuant to Chapter 6 (commencing with Section 13400) of Division
7, the state board shall give added consideration to water quality
control facilities providing optimum water recycling and use of
recycled water.
SEC. 26. SEC. 25. No reimbursement
is required by this act pursuant to Section 6 of Article XIII B of
the California Constitution because the only costs that may be
incurred by a local agency or school district will be incurred
because this act creates a new crime or infraction, eliminates a
crime or infraction, or changes the penalty for a crime or
infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution.