Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Prior to installing POEs, and as part of its permit application to use POE in
lieu of centralized treatment, a public water system shall submit to the State
Board a POE Treatment Strategy sufficient to reliably reduce levels of
contaminants and comply with drinking water standards. The POE Treatment
Strategy shall include each of the following:
(1) A description of the compliance issues
for which POEs are being proposed to address and how the use of POEs will
achieve compliance;
(2) A
description of how the public water system will determine the type, number, and
location of POEs to ensure POEs serve, in their entirety, each building
connected to the public water system;
(3) The public water system's authority to
require customers to accept POEs in lieu of centralized treatment and to take
an action, such as discontinuing service, if a customer fails to accept POEs,
or disconnects or modifies a POE installed pursuant to this Article;
(4) The basis for the POE
selection(s);
(5) The
qualifications and identification of the person(s) responsible for POE
installation, operation, maintenance, and water quality sampling and
analyses;
(6) A Customer Education
Program that includes information about the POE, how the devices work, required
maintenance and monitoring, and the need for the person(s) responsible for the
POE, as defined in paragraph (a)(5) of this section, to have access to the
device to perform required maintenance and monitoring. The Customer Education
Program shall be designed to reach all customers and shall be implemented prior
to and following installation of POEs;
(7) The authority, ordinances, and/or access
agreements adequate to allow the public water system's representatives access
to customers' premises for POE installation, maintenance, and water quality
monitoring, as well as the surveys necessary to meet paragraph
(a)(2);
(8) Identification of
applicable local regulatory requirements;
(9) A Consumer Notification Protocol designed
to timely inform consumers, in the appropriate language(s), in the event that
an installed POE fails to produce water that meets drinking water standards.
The Consumer Notification Protocol shall include:
(A) an example of a notice that includes the
requirements of Article 18 of this Title, and
(B) a plan for providing an alternative water
supply that meets drinking water standards, consistent with section
64551.100 of this Title, in a
quantity sufficient for daily household ingestion needs, to customers served by
each installed POE not meeting drinking water standards. An alternative water
supply shall be provided according to the following timeline;
1. as soon as possible, but no later than 24
hours following the receipt of results of confirmation samples indicating an
MCL exceedance for nitrate, nitrite, nitrate plus nitrite, or perchlorate,
or
2. as soon as possible, but no
later than 7 days following the receipt of results of confirmation samples
indicating an MCL exceedance for contaminants other than nitrate, nitrite,
nitrate plus nitrite, or perchlorate;
(10) A Customer Notification Protocol for
routine notifications that includes examples of notices, to be provided no less
frequently than quarterly, in the appropriate language(s) to inform each
customer:
(A) which water supplies are not
treated by the POEs, and
(B)
regarding the mechanical warning or shut-off mechanism required pursuant to
paragraph 64420.2(a)(5), including a telephone number that connects the
customer to water system personnel or recording system that shall be accessible
by water system personnel 24 hours a day, seven days a week, for the purpose of
providing the customer a reliable means of notifying personnel when the
mechanical warning or shut-off mechanism is activated;
(11) The proposed schedules for:
(A) the distribution of public hearing
information pursuant to section
64420.6,
(B) the public hearing required pursuant to
section 64420.6,
(C) the distribution to customers of POE
acceptance surveys pursuant to section
64420.6,
(D) POE installation, and
(E) the construction of centralized
treatment;
(12) An
estimate of the percent of all customers within the public water system's
service area who are expected to voluntarily allow installation of POE devices,
as well as a description of how the public water system will address customers
who do not; and
(13) The means for
ensuring that the rights and responsibilities of the customer, with respect to
an installed POE, convey with title upon the sale or transfer of property to
which the POE is attached.
(b) A public water system shall comply with
the most current State Board-approved version of its POE Treatment Strategy at
all times.
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(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.
