2009 California Health and Safety Code - Section 116325-116345 :: Article 2. Department And Local Responsibilities

116325.  The department shall be responsible for ensuring that all
public water systems are operated in compliance with this chapter and
any regulations adopted hereunder. The department shall directly
enforce this chapter for all public water systems except as set forth
in Section 116500.

116326.  In administering programs to fund improvements and
expansions of small community water systems, the department shall do
all of the following:
   (a) Give priority to funding projects in disadvantaged
communities.
   (b) Encourage the consolidation of small community water systems
that serve disadvantaged communities in instances where consolidation
will help the affected agencies and the state to meet all of the
following goals:
   (1) Improvement in the quality of water delivered.
   (2) Improvement in the reliability of water delivery.
   (3) Reduction in the cost of drinking water for ratepayers.
   (c) Pursuant to subdivision (b), allow funding for feasibility
studies performed prior to a construction project to include studies
of the feasibility of consolidating two or more community water
systems, at least one of which is a small community water system that
serves a disadvantaged community.
   (d) In instances where it is shown that small community water
system consolidation will further the goals of subdivision (b), give
priority to funding construction projects that involve the physical
restructuring of two or more community water systems, at least one of
which is a small community water system that serves a disadvantaged
community, into a single, consolidated system.

116330.  (a) The department may delegate primary responsibility for
the administration and enforcement of this chapter within a county to
a local health officer authorized by the board of supervisors to
assume these duties, by means of a local primacy delegation agreement
if the local health officer demonstrates that it has the capability
to meet the local primacy program requirements established by the
department pursuant to subdivision (h) of Section 116375. This
delegation shall not include the regulation of community water
systems serving 200 or more service connections. The local primacy
agreement may contain terms and conditions that the department deems
necessary to carry out this chapter. The local primacy agreement
shall provide that, although the local primacy agency shall be
primarily responsible for administration and enforcement of this
chapter for the designated water systems, the department does not
thereby relinquish its authority, but rather shall retain
jurisdiction to administer and enforce this chapter for the
designated water systems to the extent determined necessary by the
department.
   (b) Any local health officer seeking a local primacy delegation
shall submit an application to the department. The application shall
be submitted by March 1, 1993, for local health officers seeking
local primacy agreements for the 1993-94 fiscal year. Thereafter, the
application shall be submitted by January 1, of the fiscal year
immediately preceding the commencement of the fiscal year for which
the local primacy delegation is sought. The application shall be in
the format, and shall contain information, required by the
department. The department shall approve the application for primacy
if the department determines that the local health officer is capable
of meeting the primacy program requirements established by the
department.
   (c) A local primacy delegation approved by the department shall
remain in effect until any of the following conditions occur:
   (1) The delegation is withdrawn by mutual agreement.
   (2) The local primacy agency provides 120-day advance written
notice to the department that it no longer wishes to retain local
primacy.
   (3) The department determines that the local primacy agency no
longer complies with the department's local primacy program
requirements. The department shall provide written notice to the
local primacy agency and the board of supervisors and shall provide
an opportunity for a public hearing prior to initiation of any local
primacy revocation action by the department.
   (d) The department shall evaluate the drinking water program of
each local primacy agency at least annually. The department shall
prepare a report of the evaluation and list any program improvements
needed to conform to the department's local primacy program
requirements. A copy of the evaluation report shall be provided to
the local primacy agency and the board of supervisors. The local
primacy agency shall be granted a reasonable amount of time to make
any needed program improvements prior to the initiation of any local
primacy revocation actions.
   (e) To the extent funds are available in the Safe Drinking Water
Account, the department shall provide the local primacy agency with
an annual drinking water surveillance program grant to cover the cost
of conducting the inspection, monitoring, surveillance, and water
quality evaluation activities specified in the local primacy
agreement. The annual program grant pursuant to this subdivision
shall not exceed the amount that the department determines would be
necessary for the department to conduct inspection, monitoring,
surveillance, and water quality evaluation activities in the absence
of a local primacy agreement for those systems in that county.
   (f) The local primacy agency shall act for the department as the
primary agency responsible for the administration and enforcement of
this chapter for the specified public water systems and shall be
empowered with all of the authority granted to the department by this
chapter over those water systems.

116335.  (a) The public water systems serving the City of Maywood
shall conduct, publish, and submit to the City of Maywood, the State
Department of Public Health, the Office of Environmental Health
Hazard Assessment, the Senate Committee on Environmental Quality, and
the Assembly Committee on Environmental Safety and Toxic Materials a
study on the City of Maywood's water by December 21, 2010,
addressing the impacts of manganese on the quality of the City of
Maywood's water. The report shall contain all of the following:
   (1) Testing information and results on manganese for all of the
sources of drinking water for the City of Maywood.
   (2) The amount of manganese being contributed by each water source
that serves the City of Maywood.
   (3) Immediate and long-term steps that can be taken by the public
water systems to reduce the amount of manganese in the drinking water
supply to be at least as low as a level that is consistent with the
average level in communities within a 20-mile radius of the City of
Maywood.
   (4) Infrastructure improvements that can be made to reach the
immediate and long-term goals to reduce the level of manganese and
other contaminants in the water to be consistent with the average
level in communities within a 20-mile radius of the City of Maywood.
   (5) Actions that the public water systems will take to pursue
funding in order to achieve those improvements.
   (b) The City Council of Maywood shall conduct a public hearing on
the results of the study.
   (c) The public water systems shall respond in writing to public
comments made at the hearing to the City Council of Maywood.
   (d) The study and comments shall be posted on the public water
systems' Internet Web sites.
   (e) All current notifications sent to the rate payers within the
City of Maywood concerning water contaminants shall also be sent to
occupants, in the same manner as set forth in subdivision (f) of
Section 116450, and shall be distributed in English and the primary
language of the residents of the city as well as posted on the public
water systems' Internet Web sites.

116340.  This chapter shall not apply to state small water systems
except as provided under this section:
   (a) The department shall adopt regulations specifying minimum
requirements for operation of a state small water system. The
requirements may be less stringent than the requirements for public
water systems as set forth in this chapter.
   (b) The minimum requirements for state small water systems adopted
by the department pursuant to subdivision (a) shall be enforced by
the local health officer or a local health agency designated by the
local health officer. In counties that do not have a local health
officer, the requirements shall be enforced by the department. Local
health agencies may adopt more stringent requirements for state small
water systems than those specified in the state regulations.
   (c) The reasonable costs of the local health officer in carrying
out the requirements of this section may be recovered through the
imposition of fees on state small water systems by the local
governing body in accordance with Section 101325.

116345.  (a) The local health officer shall submit a report monthly
to the department regarding the status of compliance with this
chapter by the public water systems under the jurisdiction of the
local health officer. The report shall be in a form and manner
prescribed by the department.
   (b) The department shall review the public water system program of
the local health officer at least every three years to assure
compliance with this chapter. A report of the findings of the review
along with any recommendations of the department shall be provided to
the local health officer and the board of supervisors.