2009 California Health and Safety Code - Section 116270-116293 :: Article 1. Pure And Safe Drinking Water

116270.  The Legislature finds and declares all of the following:
   (a) Every citizen of California has the right to pure and safe
drinking water.
   (b) Feasible and affordable technologies are available and shall
be used to remove toxic contaminants from public water supplies.
   (c) According to the State Department of Health Services, over 95
percent of all large public water systems in California are in
compliance with health-based action levels established by the
department for various contaminants.
   (d) It is the policy of the state to reduce to the lowest level
feasible all concentrations of toxic chemicals that when present in
drinking water may cause cancer, birth defects, and other chronic
diseases.
   (e) This chapter is intended to ensure that the water delivered by
public water systems of this state shall at all times be pure,
wholesome, and potable. This chapter provides the means to accomplish
this objective.
   (f) It is the intent of the Legislature to improve laws governing
drinking water quality, to improve upon the minimum requirements of
the federal Safe Drinking Water Act Amendments of 1996, to establish
primary drinking water standards that are at least as stringent as
those established under the federal Safe Drinking Water Act, and to
establish a program under this chapter that is more protective of
public health than the minimum federal requirements.
   (g) It is the further intent of the Legislature to establish a
drinking water regulatory program within the State Department of
Health Services in order to provide for the orderly and efficient
delivery of safe drinking water within the state and to give the
establishment of drinking water standards and public health goals
greater emphasis and visibility within the state department.

116275.  As used in this chapter:
   (a) "Contaminant" means any physical, chemical, biological, or
radiological substance or matter in water.
   (b) "Department" means the State Department of Health Services.
   (c) "Primary drinking water standards" means:
   (1) Maximum levels of contaminants that, in the judgment of the
department, may have an adverse effect on the health of persons.
   (2) Specific treatment techniques adopted by the department in
lieu of maximum contaminant levels pursuant to subdivision (j) of
Section 116365.
   (3) The monitoring and reporting requirements as specified in
regulations adopted by the department that pertain to maximum
contaminant levels.
   (d) "Secondary drinking water standards" means standards that
specify maximum contaminant levels that, in the judgment of the
department, are necessary to protect the public welfare. Secondary
drinking water standards may apply to any contaminant in drinking
water that may adversely affect the odor or appearance of the water
and may cause a substantial number of persons served by the public
water system to discontinue its use, or that may otherwise adversely
affect the public welfare. Regulations establishing secondary
drinking water standards may vary according to geographic and other
circumstances and may apply to any contaminant in drinking water that
adversely affects the taste, odor, or appearance of the water when
the standards are necessary to ensure a supply of pure, wholesome,
and potable water.
   (e) "Human consumption" means the use of water for drinking,
bathing or showering, hand washing, or oral hygiene.
   (f) "Maximum contaminant level" means the maximum permissible
level of a contaminant in water.
   (g) "Person" means an individual, corporation, company,
association, partnership, limited liability company, municipality,
public utility, or other public body or institution.
   (h) "Public water system" means a system for the provision of
water for human consumption through pipes or other constructed
conveyances that has 15 or more service connections or regularly
serves at least 25 individuals daily at least 60 days out of the
year. A public water system includes the following:
   (1) Any collection, treatment, storage, and distribution
facilities under control of the operator of the system which are used
primarily in connection with the system.
   (2) Any collection or pretreatment storage facilities not under
the control of the operator that are used primarily in connection
with the system.
   (3) Any water system that treats water on behalf of one or more
public water systems for the purpose of rendering it safe for human
consumption.
   (i) "Community water system" means a public water system that
serves at least 15 service connections used by yearlong residents or
regularly serves at least 25 yearlong residents of the area served by
the system.
   (j) "Noncommunity water system" means a public water system that
is not a community water system.
   (k) "Nontransient noncommunity water system" means a public water
system that is not a community water system and that regularly serves
at least 25 of the same persons over six months per year.
   (l) "Local health officer" means a local health officer appointed
pursuant to Section 101000 or a local comprehensive health agency
designated by the board of supervisors pursuant to Section 101275 to
carry out the drinking water program.
   (m) "Significant rise in the bacterial count of water" means a
rise in the bacterial count of water that the department determines,
by regulation, represents an immediate danger to the health of water
users.
   (n) "State small water system" means a system for the provision of
piped water to the public for human consumption that serves at least
five, but not more than 14, service connections and does not
regularly serve drinking water to more than an average of 25
individuals daily for more than 60 days out of the year.
   (o) "Transient noncommunity water system" means a noncommunity
water system that does not regularly serve at least 25 of the same
persons over six months per year.
   (p) "User" means any person using water for domestic purposes.
User does not include any person processing, selling, or serving
water or operating a public water system.
   (q) "Waterworks standards" means regulations adopted by the
department that take cognizance of the latest available "Standards of
Minimum Requirements for Safe Practice in the Production and
Delivery of Water for Domestic Use" adopted by the California section
of the American Water Works Association.
   (r) "Local primacy agency" means any local health officer that has
applied for and received primacy delegation from the department
pursuant to Section 116330.
   (s) "Service connection" means the point of connection between the
customer's piping or constructed conveyance, and the water system's
meter, service pipe, or constructed conveyance. A connection to a
system that delivers water by a constructed conveyance other than a
pipe shall not be considered a connection in determining if the
system is a public water system if any of the following apply:
   (1) The water is used exclusively for purposes other than
residential uses, consisting of drinking, bathing, and cooking or
other similar uses.
   (2) The department determines that alternative water to achieve
the equivalent level of public health protection provided by the
applicable primary drinking water regulation is provided for
residential or similar uses for drinking and cooking.
   (3) The department determines that the water provided for
residential or similar uses for drinking, cooking, and bathing is
centrally treated or treated at the point of entry by the provider, a
passthrough entity, or the user to achieve the equivalent level of
protection provided by the applicable primary drinking water
regulations.
   (t) "Resident" means a person who physically occupies, whether by
ownership, rental, lease or other means, the same dwelling for at
least 60 days of the year.
   (u) "Water treatment operator" means a person who has met the
requirements for a specific water treatment operator grade pursuant
to Section 106875.
   (v) "Water treatment operator-in-training" means a person who has
applied for and passed the written examination given by the
department but does not yet meet the experience requirements for a
specific water treatment operator grade pursuant to Section 106875.
   (w) "Water distribution operator" means a person who has met the
requirements for a specific water distribution operator grade
pursuant to Section 106875.
   (x) "Water treatment plant" means a group or assemblage of
structures, equipment, and processes that treats, blends, or
conditions the water supply of a public water system for the purpose
of meeting primary drinking water standards.
   (y) "Water distribution system" means any combination of pipes,
tanks, pumps, and other physical features that deliver water from the
source or water treatment plant to the consumer.
   (z) "Public health goal" means a goal established by the Office of
Environmental Health Hazard Assessment pursuant to subdivision (c)
of Section 116365.
   (aa) "Small community water system" means a community water system
that serves no more than 3,300 service connections or a yearlong
population of no more than 10,000 persons.
   (ab) "Disadvantaged community" means the entire service of area of
a community water system, or a community therein, in which the
median household income is less than 80 percent of the statewide
average.

116280.  This chapter does not apply to a public water system that
meets all of the following conditions:
   (a) Consists only of distribution and storage facilities and does
not have any collection and treatment facilities.
   (b) Obtains all of its water from, but is not owned or operated
by, a public water system to which this chapter applies.
   (c) Does not sell water to any person or user, except for the sale
of water to users pursuant to Section 2705.5 of the Public Utilities
Code through a submetered service system if the water supply is
obtained from a public water system to which this chapter applies.
   By enacting this subdivision, it is not the intent of the
Legislature to change existing law as to responsibility or liability
for distribution systems beyond the mastermeter.

116282.  Except as provided in this section, and except for the fee
requirements of Section 116565, the department shall exempt from the
water quality requirements of this chapter, any noncommunity water
system serving a transient population that provides restrooms for
employees or the public provided that the water system demonstrates
to the department that it meets all of the following criteria:
   (a) The water system is in compliance with either of the
following:
   (1) No water is served by the water system for any public human
consumption other than for handwashing.
   (2) If water is served for public human consumption other than for
handwashing, bottled water from a source approved by the department
is provided for the consumption other than handwashing.
   (b) The water for handwashing is bacteriologically safe. This
shall be ensured by sampling the water for coliform bacteria at least
once each calendar year. The samples shall be analyzed and the
results reported to the department in accordance with Section 64423.1
of Title 22 of the California Code of Regulations.
   (c) The noncommunity water system is not a business regulated as a
food facility under Section 113785.

116283.  This chapter shall apply to a food facility that is
regulated pursuant to the California Retail Food Code only if the
human consumption includes drinking of water.

116283.  This chapter shall apply to a food facility that is
regulated pursuant to the California Retail Food Code only if the
human consumption includes drinking of water.

116285.  Before August 6, 1998, this chapter shall not apply to an
irrigation canal system if the owner or operator of the system
certifies to the department, and notifies each user, in writing, that
the water is untreated and is being furnished or supplied solely for
agricultural purposes to either of the following:
   (a) A user where the user receives the water, by pipe or
otherwise, directly from the irrigation canal system.
   (b) A person who owns or operates an integrated pipe system where
the person receives the water, by pipe or otherwise, directly from
the irrigation canal system.
   "Irrigation canal system," as used in this section, means a system
of water conveyance facilities, including pipes, tunnels, canals,
conduits, pumping plants and related facilities operated to furnish
or supply water for agricultural purposes where a substantial portion
of the facilities is open to the atmosphere.

116286.  (a) A water district, as defined in subdivision (b), in
existence prior to May 18, 1994, that provides primarily agricultural
services through a piped water system with only incidental
residential or similar uses shall not be considered to be a public
water system if the department determines that either of the
following applies:
   (1) The system certifies that it is providing alternative water
for residential or similar uses for drinking water and cooking to
achieve the equivalent level of public health protection provided by
the applicable primary drinking water regulations.
   (2) The water provided for residential or similar uses for
drinking, cooking, and bathing is centrally treated or treated at the
point of entry by the provider, a passthrough entity, or the user to
achieve the equivalent level of protection provided by the
applicable primary drinking water regulations.
   (b) For purposes of this section, "water district" means any
district or other political subdivision, other than a city or county,
a primary function of which is irrigation, reclamation, or drainage
of land.

116287.  (a) The department, in implementing subdivision (s) of
Section 116275 and Section 116286, shall place requirements on
affected public water systems and water districts that are consistent
with this chapter and the guidelines established by the United
States Environmental Protection Agency for implementing comparable
provisions of the federal Safe Drinking Water Act of 1996.
   (b) The department, in making the determinations specified in
paragraphs (2) and (3) of subdivision (s) of Section 116275 and
subdivisions (a) and (b) of Section 116286, shall utilize criteria
that are consistent with this chapter and those used by the United
States Environmental Protection Agency in administering the
comparable provisions of the federal Safe Drinking Water Act.
   (c) The department shall periodically monitor and review the
conditions under which a public water system, or a water district as
defined in subdivision (b) of Section 116286, has met the
requirements of this chapter pursuant to subdivision (s) of Section
116275 or Section 116286, or pursuant to the federal act, to ensure
that the conditions continue to be met.
   (d) The department may prescribe reasonable, feasible, and
cost-effective actions to be taken by a public water system, water
district, as defined in subdivision (b) of Section 116286, or users
subject to subdivision (s) of Section 116275 or Section 116286 to
ensure that alternative water or treated water provided by the water
systems, water districts, or users pursuant to Section 116275 or
116286 will not be injurious to health.
   (e) A notice prominently titled "Notice of Noncompliance with Safe
Drinking Water Requirements" at the top of the document that states
the requirements and actions prescribed by the department under
subdivisions (a) and (d), describes the real property by assessors
parcel number or legal description to which these requirements and
actions apply, and names the record owners of that real property, may
be recorded by the affected public water system or water district in
the county where the real property is located. Recordation and
proper indexing, as prescribed by law, shall provide constructive
notice of these requirements and actions and shall not constitute a
title defect, lien, or encumbrance. The public water system or water
district shall provide notice of this recordation to the record
owners of the real property by first-class mail, postage prepaid, to
the address as shown on the latest county assessment roll. If the
public water system or water district later determines that the
record owners of the real property have complied with the
requirements and actions prescribed by the department, the public
water system or water district, within 10 days of that determination,
shall record a subsequent notice titled "Notice of Compliance with
Safe Drinking Water Requirements" that states that the "Notice of
Noncompliance with Safe Drinking Water Requirements" has no further
force or effect.
   (f) A water district subject to this section shall annually
publish a notice in a newspaper of general circulation describing any
requirements and actions prescribed by the department to be taken by
the water district and any record of compliance by the water
district with these requirements and actions.
   (g) This section shall not relieve a water district from complying
with any other provisions of law.

116290.  Before August 6, 1998, in areas where the water service
rendered by a person is primarily agricultural, and domestic service
is only incidental thereto, this chapter shall not apply except in
specific areas in which the department has found its application to
be necessary for the protection of the public health and has given
written notice thereof to the person furnishing or supplying water in
the area.
   The department may prescribe reasonable and feasible action to be
taken by those persons or the users to insure that their domestic
water will not be injurious to health.

116293.  (a) On January 1, 2003, the Office of Environmental Health
Hazard Assessment shall perform a risk assessment and, based upon
that risk assessment, shall adopt a public health goal based
exclusively on public health consideration for perchlorate using the
criteria set forth in subdivision (c) of Section 116365.
   (b) On or before January 1, 2004, the department shall adopt a
primary drinking water standard for perchlorate found in public water
systems in California in a manner that is consistent with this
chapter.