Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Each POU must:
(1) be independently certified in accordance
with an American National Standard Institute (ANSI) standard that is applicable
to the specific type of proposed POU and that adequately addresses a California
drinking water standard; or
(2) be
approved by the State Board upon determination that the proposed POU unit
design, construction, treatment performance, and field or pilot test results
can reliably produce water in compliance with California drinking water
standards under local expected influent water quality and flow
conditions;
(3) be owned,
controlled, operated, and maintained by the public water system and/or a
person(s) under contract with the public water system, to ensure proper
operation, maintenance, monitoring, and compliance with this Article and
applicable drinking water standards;
(4) be equipped with a mechanical warning
(e.g. alarm, light, etc.) that alerts users when a unit needs maintenance or is
no longer operating in a manner that assures the unit is producing effluent
meeting state and federal drinking water standards, unless the device is
equipped with an automatic shut-off mechanism that prevents the flow of water
under such circumstances; and
(5)
be equipped with a totalizing flow meter if:
(A) the POU's treatment efficiency or
capacity is volume limited; or
(B)
if requested by the State Board following a determination that information
about the quantity of water treated by the POU is necessary to assess POU
efficiency.
(b)
Except as provided in subsection (c), pilot testing shall be performed by the
public water system, and/or a person(s) under contract with the public water
system, on each proposed type of POU to establish its use limitations and
operations and maintenance criteria, as well as verification that it will
produce effluent that meets drinking water standards under local expected
influent water quality and flow conditions. Pilot testing shall include the
following steps:
(1) Prior to performing
pilot testing, a pilot testing protocol shall be submitted to the State Board
for review. The pilot testing protocol must be adequate to demonstrate that
water treated by the POU will meet drinking water standards;
(2) Pilot testing for a POU shall be
conducted in the manner and for the time period specified by the most current
pilot testing protocol for that POU approved under section
64418.2(b)(1),
and shall be conducted for no less than two months; and
(3) After completion of the pilot testing,
the public water system shall submit a report to the State Board describing the
results and findings of the pilot testing.
(c) The State Board may exempt a public water
system from the pilot testing requirements in section
64418.2(b), or
permit a reduced level of pilot testing required pursuant to subsection (b),
if:
(1) the public water system demonstrates
to the State Board that the POUs proposed for use have been tested, by the
public water system or another person, under equivalent water quality and flow
conditions; and
(2) the
limitations, criteria, and effluent verification in subsection (b) can be
ascertained and have been reported to the State Board.
1. New
section filed as an emergency for filing and printing only on 4-1-2016;
operative 4-1-2016 pursuant to Health and Safety Code (HSC) section 116380(b);
exempt from the APA and OAL review pursuant to HSC section 116380(b). HSC
section 116380(b) also provides that the regulations are to remain in effect
until the earlier of January 1, 2018, or the effective date of regulations
adopted by the State Board in accordance with HSC section 116380(a). (Register
2016, No. 14). For prior history, see Register 2015, No. 2.
2.
Repeal and deletion by operation of Government Code section
11346.1(f) and
(g) and Health and Safety Code section
116380(b)(2)
(Register 2018, No. 1).
3. New section filed 3-22-2019; operative
3-22-2019 pursuant to Government Code section
11343.4(b)(3)
(Register 2019, No. 12).
Note: Authority cited: Sections
116271,
116275,
116350
and
116375,
Health and Safety Code. Reference: Sections
116325,
116350,
116380
and
116552,
Health and Safety Code.
