California Code of Regulations
Title 22 - Social Security
Division 4 - Environmental Health
Chapter 15 - Domestic Water Quality and Monitoring Regulations
Article 5.5 - Primary Standards-Organic Chemicals
Section 64445 - Initial Sampling-Organic Chemicals

Universal Citation: 22 CA Code of Regs 64445

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Each community and nontransient-noncommunity water system shall collect four quarterly samples during the year designated by the State Board of each compliance period beginning with the compliance period starting January 1, 1993, from each water source at a site prior to any treatment and test for all applicable organic chemicals listed in Table 64444-A. The State Board will designate the year based on historical monitoring frequency and laboratory capacity. For surface sources, the samples shall be taken at each water intake. For groundwater sources, the samples shall be taken at each well head. Where multiple intakes or wells draw from the same water supply, the State Board will consider sampling of representative sources as a means of complying with this section. Selection of representative sources shall be based on evidence which includes a hydrogeological survey and sampling results. Wells shall be allowed to flow for a minimum of 15 minutes before sampling to insure that the samples reflect the water quality of the source. In place of water source samples, a supplier may collect samples at sites located at the entry points to the distribution system. The samples shall be representative of each source after treatment. The system shall collect each sample at the same sampling site, unless a change is approved by the State Board.

(b) For any organic chemical added to Table 64444-A, the water system shall initiate the quarterly monitoring for that chemical in January of the calendar year after the effective date of the MCL.

(c) A water system may request approval from the State Board to composite samples from up to five sampling sites, provided that the number of the sites to be composited is less than the ratio of the MCL to the DLR in Section 64445.1. Approval will be based on a review of three years of historical data, well construction and aquifer information for groundwater, and intake location, similarity of sources, and watershed characteristics for surface water. Compositing shall be done in the laboratory and analyses shall be conducted within 14 days of sample collection.

(1) Systems serving more than 3,300 persons shall composite only from sampling sites within a single system. Systems serving 3,300 persons or less may composite among different systems up to the 5-sample limit.

(2) If any organic chemical is detected in the composite sample, a follow-up sample shall be analyzed within 14 days from each sampling site included in the composite for the contaminants which were detected. The water supplier shall report the results to the State Board within 14 days of the follow-up sample collection. If available, duplicates of the original sample taken from each sampling site used in the composite may be used instead of resampling.

(d) A water system may apply to the State Board for a monitoring waiver for one or more of the organic chemicals on Table 64444-A in accordance with the following:

(1) A source may be eligible for a waiver if it can be documented that the chemical has not been previously used, manufactured, transported, stored, or disposed of within the watershed or zone of influence and, therefore, that the source can be designated nonvulnerable.

(2) If previous use of the chemical locally is unknown or the chemical is known to have been used previously and the source cannot be designated nonvulnerable pursuant to Paragraph (d)(1), it may still be eligible for a waiver based on a review related to susceptibility to contamination. The application to the State Board for a waiver based on susceptibility shall include the following:
(A) Previous monitoring results;

(B) user population characteristics;

(C) proximity to sources of contamination;

(D) surrounding land uses;

(E) degree of protection of the water source;

(F) environmental persistence and transport of the chemical in water, soil and air;

(G) elevated nitrate levels at the water supply source; and

(H) historical system operation and maintenance data including previous State Board inspection results.

(3) To apply for a monitoring waiver for VOCs, the water system shall have completed the initial four quarters of monitoring pursuant to subsection (a) or three consecutive years of monitoring with no VOCs detected. If granted a waiver for VOC monitoring, a system using groundwater shall collect a minimum of one sample from every sampling site every six years and a system using surface water shall not be required to monitor for the term of the waiver. The term of a VOC waiver shall not exceed three years.

(4) To obtain a monitoring waiver for one or more of the SOCs, the water system may apply before doing the initial round of monitoring or shall have completed three consecutive years of annual monitoring with no detection of the SOC(s) listed. If the system is granted a waiver for monitoring for one or more SOC(s), no monitoring for the waived SOC(s) shall be required for the term of the waiver, which shall not exceed three years.

(e) For water sources designated by a water supplier as standby sources, the water supplier shall sample each source for any organic chemical added to Table 64444-A once within the three-year period beginning in January of the calendar year after the effective date of the MCL.

(f) Water quality data collected prior to January 1, 1988, for VOCs, or January 1, 1990, for SOCs, and/or data collected in a manner inconsistent with this section shall not be used in the determination of compliance with the monitoring requirements for organic chemicals.

(g) MTBE data (i.e., a single sample) collected in a manner consistent with this section after January 1, 1998 in which no MTBE is detected, along with a designation of nonvulnerability pursuant to subsection (d), may be used to satisfy the initial monitoring requirements in subsection (a). If the requirements are satisfied in this way by a water system, the system shall begin annual monitoring pursuant to Section 64445.1(b)(1).

(h) Water quality data collected in compliance with the monitoring requirements of this section by a wholesaler agency providing water to a public water system shall be acceptable for use by that system for compliance with the monitoring requirements of this section.

(i) Results obtained from groundwater monitoring performed for an organic chemical in accordance with this section and not more than two calendar years prior to the effective date of a regulation establishing the MCL for that organic chemical may be substituted to partially satisfy the initial monitoring requirements required by this section for that organic chemical. Requests to substitute groundwater monitoring results shall be made in accordance with the following:

1. Requests shall be made in writing by the water system to the State Board; and

2. If the State Board approves the request then results from a given calendar quarter will only be eligible to substitute for a single required initial monitoring result during that same quarter of initial monitoring. (e.g. the second quarter of 2016 may be substituted for the second quarter of 2018).

3. No more than three of the four quarterly samples as required by section 64445(a) or (b) may be substituted.

1. New section filed 11-22-88; operative 12-22-88 (Register 88, No. 51).
2. Amendment of subsections (a) and (c) filed 3-12-90; operative 4-11-90 (Register 90, No. 13).
3. Amendment of section heading and subsections (a)-(b), repealer of subsection (c) and new subsections (c)-(d)(4), redesignation of former subsection (d) to subsection (e), new subsections (f)-(h) and amendment of NOTE filed 9-8-94 as an emergency; operative 9-8-94 (Register 94, No. 36).
4. Amendment of section heading and subsections (a)-(b), repealer of subsection (c) and new subsections (c)-(d)(4), redesignation of former subsection (d) to subsection (e), new subsections (f)-(h) and amendment of NOTE refiled 1-3-95 as an emergency; operative 1-3-95 (Register 95, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-3-95 or emergency language will be repealed by operation of law on the following day.
5. Amendment refiled 4-26-95 as an emergency; operative 4-26-95 (Register 95, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-24-95 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 4-26-95 order including amendment of subsections (a), (c)-(c)(1), (d)(1)-(2), (d)(3) and (g) transmitted to OAL 5-5-95 and filed 6-19-95 (Register 95, No. 25).
7. Amendment of subsections (d)(3), (e) and (g) and amendment of NOTE filed 4-17-2000; operative 5-17-2000 (Register 2000, No. 16).
8. Change without regulatory effect amending subsections (a), (c), (c)(2), (d), (d)(2) and (d)(2)(H) and amending NOTE filed 6-2-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 23).
9. Amendment of subsection (g), new subsections (i)-(i)3. and amendment of NOTE filed 12-14-2017; operative 12-14-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 50).

Note: Authority cited: Sections 116271, 116350 and 116375, Health and Safety Code. Reference: Sections 116385 and 116555, Health and Safety Code.

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