State California Regulations TITLE 22. SOCIAL SECURITY DIVISION 4. ENVIRONMENTAL HEALTH database is current through 09/29/06, Register 2006, No. 39 s 60001. Department. Whenever the term "department" is used in this division, it means the State Department of Health Services, unless otherwise specified. Note: Authority cited: Section 208, Health and Safety Code. Reference: Section 20, Health and Safety Code. s 60003. Director. Whenever the term "director" is used in this division, it means the Director, State Department of Health Services, unless otherwise specified. Note: Authority cited: Section 208, Health and Safety Code. Reference: Section 21, Health and Safety Code. s 60091. Chemical Toilet. Note: Authority cited: Section 25210, Health and Safety Code. Reference: Section 25210, Health and Safety Code. s 60093. Chemical Toilet Additive. Note: Authority cited: Section 25210, Health and Safety Code. Reference: Section 25210, Health and Safety Code. s 60095. Chemical Toilet Waste. Note: Authority cited: Section 25210, Health and Safety Code. Reference: Section 25210, Health and Safety Code. s 60100. General Requirements. The Department of Health Services incorporates by reference the objectives, criteria, and procedures as delineated in Chapters 1, 2, 2.5, 2.6, 3, 4, 5, and 6, Division 13, Public Resources Code, Sections 21000 et seq., and the Guidelines for the Implementation of the California Environmental Quality Act, Title 14, Division 6, Chapter 3, California Administrative Code, Sections 15000 et seq. Note: Authority cited: Title 14, Section 15022(d), California Administrative Code; Section 208, Health and Safety Code; and Section 21082, Public Resources Code. Reference: Sections 21000 et seq., Public Resources Code. s 60101. Specific Activities Within Categorical Exempt Classes. The following specific activities are determined by the Department to fall within the classes of categorical exemptions setforth in Sections 15300 et seq. of Title 14 of the California Administrative Code: (a) Class 1: Existing Facilities. (1) Any interior or exterior alteration of water treatment units, water supply systems, and pump station buildings where the alteration involves the addition, deletion, or modification of mechanical, electrical, or hydraulic controls. (2) Maintenance, repair, replacement, or reconstruction to any water treatment process units, including structures, filters, pumps, and chlorinators. (b) Class 2: Replacement or Reconstruction. (1) Repair or replacement of any water service connections, meters, and valves for backflow prevention, air release, pressure regulating, shut-off and blow-off or flushing. (2) Replacement or reconstruction of any existing water supply distribution lines, storage tanks and reservoirs of substantially the same size. (3) Replacement or reconstruction of any water wells, pump stations and related appurtenances. (c) Class 3: New Construction of Small Structures. (1) Construction of any water supply and distribution lines of less than sixteen inches in diameter, and related appurtenances. (2) Construction of any water storage tanks and reservoirs of less than 100,000 gallon capacity. (d) Class 4: Minor Alterations to Land. (1) Minor alterations to land, water, or vegetation on any officially existing designated wildlife management areas or fish production facilities for the purpose of reducing the environmental potential for nuisances or vector production. (2) Any minor alterations to highway crossings for water supply and distribution lines. CROSS-REFERENCE TABLE NOTE: Sections in Chapters 1 and 2 of Division 4 were renumbered by an order filed 5-1-79 which created a new Chapter 30. The following cross-reference table showing old and new section numbers is provided for research purposes. [FNa1] Those sections which were amended by the 5-1-79 order are asterisked. OLD SECTION NEW SECTION 60091............ 66016 60093............ 66020 60095............ 66024 60102............ 66028 60103............ 66032 60104............ 66036 60105............ 66040 60106............ 66048 60107............ 66052 60108............ 66056 60109............ 66060 60110............ 66064 60111............ 66068 60112............ 66072 60113............ 66076 60114............ 66080 60115............ 66084 60116............ 66088 60117............ 66092 60118............ 66096 60119............ 66100 60120............ 66104 60121............ 66108 60122............ 66120 [FNa1] 60123............ 66124 60124............ 66128 60125............ 66132 60127............ 66136 60127............ 66136 60128............ 66140 60129............ 66144 60130............ 66148 60131............ 66160 60133............ 66164 60135............ 66176 60137............ 66180 60139............ 66184 60141............ 66188 60143............ 66196 60145............ 66200 60147............ 66204 60149............ 66208 60151............ 66212 60153............ 66216 60155............ 66220 60157............ 66224 60159............ 66228 60161............ 66232 60163............ 66236 60165............ 66240 60167............ 66300 60169............ 66305 60171............ 66310 60173............ 66315 60175............ 66320 60177............ 66328 60179............ 66336 60181............ 66344 60185............ 66352 60187............ 66360 60189............ 66370 60191............ 66084 [FNa1] 60193............ 66376 [FNa1] 60195............ 66379 [FNa1] 60197............ 66391 60199............ 66384 60201............ 66387 [FNa1] 60203............ 66390 [FNa1] 60205............ 66393 [FNa1] 60207............ 66396 [FNa1] 60209............ 66399 60211............ 66402 60213............ 66405 60215............ 66408 60217............ 66420 60219............ 66428 60221............ 66436 [FNa1] 60223............ 66444 [FNa1] 60225............ 66452 [FNa1] 60227............ 66460 60229............ 66470 60231............ 66475 60233............ 66480 60235............ 66485 [FNa1] 60237............ 66490 [FNa1] 60239............ 66495 60241............ 66500 60243............ 66505 60245............ 66510 [FNa1] 60247............ 66520 60249............ 66525 60251............ 66530 60253............ 66535 [FNa1] 60255............ 66540 [FNa1] 60257............ 66545 60259............ 66550 60261............ 66555 60263............ 66560 60265............ 66570 60267............ 66595 60269............ 66620 60271............ 66645 60273............ 66670 [FNa1] 60275............ 66672 60277............ 66674 60279............ 66676 60281............ 66680 60283............ 66685 60285............ 66880 60287............ 66683 60289............ 66886 60291 [FNa1] .... 66889 [FNa1] 60293............ 66892 60295............ 66895 60297............ 66898 [FNa1] Note: Authority cited: Section 208, Health and Safety Code; Section 21082, Public Resources Code; and Sections 15022(a) and 15300.4, Title 14, Division 6, California Administrative Code. Reference: Sections 15301, 15302, 15303, 15304 and 15308, Public Resources Code. s 60301. Definitions. Note: Authority cited: Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60301.100. Approved Laboratory. "Approved laboratory" means a laboratory that has been certified by the Department to perform microbiological analyses pursuant to section 116390, Health and Safety Code. Note: Authority cited: Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60301.160. Coagulated Wastewater. "Coagulated wastewater" means oxidized wastewater in which colloidal and finely divided suspended matter have been destabilized and agglomerated upstream from a filter by the addition of suitable floc-forming chemicals. Note: Authority cited: Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60301.170. Conventional Treatment. "Conventional treatment" means a treatment chain that utilizes a sedimentation unit process between the coagulation and filtration processes and produces an effluent that meets the definition for disinfected tertiary recycled water. Note: Authority cited: Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60301.200. Direct Beneficial Use. "Direct beneficial use" means the use of recycled water that has been transported from the point of treatment or production to the point of use without an intervening discharge to waters of the State. Note: Authority cited: Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60301.220. Disinfected Secondary-2.2 Recycled Water. "Disinfected secondary-2.2 recycled water" means recycled water that has been oxidized and disinfected so that the median concentration of total coliform bacteria in the disinfected effluent does not exceed a most probable number (MPN) of 2.2 per 100 milliliters utilizing the bacteriological results of the last seven days for which analyses have been completed, and the number of total coliform bacteria does not exceed an MPN of 23 per 100 milliliters in more than one sample in any 30 day period. Note: Authority cited: Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60301.225. Disinfected Secondary-23 Recycled Water. "Disinfected secondary-23 recycled water" means recycled water that has been oxidized and disinfected so that the median concentration of total coliform bacteria in the disinfected effluent does not exceed a most probable number (MPN) of 23 per 100 milliliters utilizing the bacteriological results of the last seven days for which analyses have been completed, and the number of total coliform bacteria does not exceed an MPN of 240 per 100 milliliters in more than one sample in any 30 day period. Note: Authority cited: Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60301.230. Disinfected Tertiary Recycled Water. "Disinfected tertiary recycled water" means a filtered and subsequently disinfected wastewater that meets the following criteria: (a) The filtered wastewater has been disinfected by either: (1) A chlorine disinfection process following filtration that provides a CT (the product of total chlorine residual and modal contact time measured at the same point) value of not less than 450 milligram-minutes per liter at all times with a modal contact time of at least 90 minutes, based on peak dry weather design flow; or (2) A disinfection process that, when combined with the filtration process, has been demonstrated to inactivate and/or remove 99.999 percent of the plaque-forming units of F-specific bacteriophage MS2, or polio virus in the wastewater. A virus that is at least as resistant to disinfection as polio virus may be used for purposes of the demonstration. (b) The median concentration of total coliform bacteria measured in the disinfected effluent does not exceed an MPN of 2.2 per 100 milliliters utilizing the bacteriological results of the last seven days for which analyses have been completed and the number of total coliform bacteria does not exceed an MPN of 23 per 100 milliliters in more than one sample in any 30 day period. No sample shall exceed an MPN of 240 total coliform bacteria per 100 milliliters. Note: Authority cited: Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60301.240. Drift. "Drift" means the water that escapes to the atmosphere as water droplets from a cooling system. Note: Authority cited: Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60301.245. Drift Eliminator. "Drift eliminator" means a feature of a cooling system that reduces to a minimum the generation of drift from the system. Note: Authority cited: Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60301.250. Dual Plumbed System. "Dual plumbed system" or "dual plumbed" means a system that utilizes separate piping systems for recycled water and potable water within a facility and where the recycled water is used for either of the following purposes: (a) To serve plumbing outlets (excluding fire suppression systems) within a building or (b) Outdoor landscape irrigation at individual residences. Note: Authority cited: Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60301.300. F-Specific Bacteriophage MS-2. "F-specific bacteriophage MS-2" means a strain of a specific type of virus that infects coliform bacteria that is traceable to the American Type Culture Collection (ATCC 15597B1) and is grown on lawns of E. coli (ATCC 15597). Note: Authority cited: Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60301.310. Facility. "Facility" means any type of building or structure, or a defined area of specific use that receives water for domestic use from a public water system as defined in section 116275 of the Health and Safety Code. Note: Authority cited: Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60301.320. Filtered Wastewater. "Filtered wastewater" means an oxidized wastewater that meets the criteria in subsection (a) or (b): (a) Has been coagulated and passed through natural undisturbed soils or a bed of filter media pursuant to the following: (1) At a rate that does not exceed 5 gallons per minute per square foot of surface area in mono, dual or mixed media gravity, upflow or pressure filtration systems, or does not exceed 2 gallons per minute per square foot of surface area in traveling bridge automatic backwash filters; and (2) So that the turbidity of the filtered wastewater does not exceed any of the following: (A) An average of 2 NTU within a 24-hour period; (B) 5 NTU more than 5 percent of the time within a 24-hour period; and (C) 10 NTU at any time. (b) Has been passed through a microfiltration, ultrafiltration, nanofiltration, or reverse osmosis membrane so that the turbidity of the filtered wastewater does not exceed any of the following: (1) 0.2 NTU more than 5 percent of the time within a 24-hour period; and (2) 0.5 NTU at any time. Note: Authority cited: Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60301.330. Food Crops. "Food crops" means any crops intended for human consumption. Note: Authority cited: Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60301.400. Hose Bibb. "Hose bibb" means a faucet or similar device to which a common garden hose can be readily attached. Note: Authority cited: Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60301.550. Landscape Impoundment. "Landscape impoundment" means an impoundment in which recycled water is stored or used for aesthetic enjoyment or landscape irrigation, or which otherwise serves a similar function and is not intended to include public contact. Note: Authority cited: Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60301.600. Modal Contact Time. "Modal contact time" means the amount of time elapsed between the time that a tracer, such as salt or dye, is injected into the influent at the entrance to a chamber and the time that the highest concentration of the tracer is observed in the effluent from the chamber. Note: Authority cited: Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60301.620. Nonrestricted Recreational Impoundment. "Nonrestricted recreational impoundment" means an impoundment of recycled water, in which no limitations are imposed on body-contact water recreational activities. Note: Authority cited: Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60301.630. NTU. "NTU" (Nephelometric turbidity unit) means a measurement of turbidity as determined by the ratio of the intensity of light scattered by the sample to the intensity of incident light as measured by method 2130 B. in Standard Methods for the Examination of Water and Wastewater, 20th ed.; Eaton, A. D., Clesceri, L. S., and Greenberg, A. E., Eds; American Public Health Association: Washington, DC, 1995; p. 2-8. Note: Authority cited: Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60301.650. Oxidized Wastewater. "Oxidized wastewater" means wastewater in which the organic matter has been stabilized, is nonputrescible, and contains dissolved oxygen. Note: Authority cited: Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60301.660. Peak Dry Weather Design Flow. "Peak Dry Weather Design Flow" means the arithmetic mean of the maximum peak flow rates sustained over some period of time (for example three hours) during the maximum 24-hour dry weather period. Dry weather period is defined as periods of little or no rainfall. Note: Authority cited: Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60301.700. Recycled Water Agency. "Recycled water agency" means the public water system, or a publicly or privately owned or operated recycled water system, that delivers or proposes to deliver recycled water to a facility. Note: Authority cited: Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60301.710. Recycling Plant. "Recycling plant" means an arrangement of devices, structures, equipment, processes and controls which produce recycled water. Note: Authority cited: Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60301.740. Regulatory Agency. "Regulatory agency" means the California Regional Water Quality Control Board(s) that have jurisdiction over the recycling plant and use areas. Note: Authority cited: Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60301.750. Restricted Access Golf Course. "Restricted access golf course" means a golf course where public access is controlled so that areas irrigated with recycled water cannot be used as if they were part of a park, playground, or school yard and where irrigation is conducted only in areas and during periods when the golf course is not being used by golfers. Note: Authority cited: Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60301.760. Restricted Recreational Impoundment. "Restricted recreational impoundment" means an impoundment of recycled water in which recreation is limited to fishing, boating, and other non-body-contact water recreational activities. Note: Authority cited: Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60301.800. Spray Irrigation. "Spray irrigation" means the application of recycled water to crops to maintain vegetation or support growth of vegetation by applying it from sprinklers. Note: Authority cited: Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60301.830. Standby Unit Process. "Standby unit process" means an alternate unit process or an equivalent alternative process which is maintained in operable condition and which is capable of providing comparable treatment of the actual flow through the unit for which it is a substitute. Note: Authority cited: Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60301.900. Undisinfected Secondary Recycled Water. "Undisinfected secondary recycled water" means oxidized wastewater. Note: Authority cited: Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60301.920. Use Area. "Use area" means an area of recycled water use with defined boundaries. A use area may contain one or more facilities. Note: Authority cited: Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. Note: Authority cited: Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60302. Source Specifications. The requirements in this chapter shall only apply to recycled water from sources that contain domestic waste, in whole or in part. Note: Authority cited: Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60303. Exceptions. The requirements set forth in this chapter shall not apply to the use of recycled water onsite at a water recycling plant, or wastewater treatment plant, provided access by the public to the area of onsite recycled water use is restricted. Note: Authority cited: Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60304. Use of Recycled Water for Irrigation. (a) Recycled water used for the surface irrigation of the following shall be a disinfected tertiary recycled water, except that for filtration pursuant to Section 60301.320(a) coagulation need not be used as part of the treatment process provided that the filter effluent turbidity does not exceed 2 NTU, the turbidity of the influent to the filters is continuously measured, the influent turbidity does not exceed 5 NTU for more than 15 minutes and never exceeds 10 NTU, and that there is the capability to automatically activate chemical addition or divert the wastewater should the filter influent turbidity exceed 5 NTU for more than 15 minutes: (1) Food crops, including all edible root crops, where the recycled water comes into contact with the edible portion of the crop, (2) Parks and playgrounds, (3) School yards, (4) Residential landscaping, (5) Unrestricted access golf courses, and (6) Any other irrigation use not specified in this section and not prohibited by other sections of the California Code of Regulations. (b) Recycled water used for the surface irrigation of food crops where the edible portion is produced above ground and not contacted by the recycled water shall be at least disinfected secondary-2.2 recycled water. (c) Recycled water used for the surface irrigation of the following shall be at least disinfected secondary-23 recycled water: (1) Cemeteries, (2) Freeway landscaping, (3) Restricted access golf courses, (4) Ornamental nursery stock and sod farms where access by the general public is not restricted, (5) Pasture for animals producing milk for human consumption, and (6) Any nonedible vegetation where access is controlled so that the irrigated area cannot be used as if it were part of a park, playground or school yard (d) Recycled wastewater used for the surface irrigation of the following shall be at least undisinfected secondary recycled water: (1) Orchards where the recycled water does not come into contact with the edible portion of the crop, (2) Vineyards where the recycled water does not come into contact with the edible portion of the crop, (3) Non food-bearing trees (Christmas tree farms are included in this category provided no irrigation with recycled water occurs for a period of 14 days prior to harvesting or allowing access by the general public), (4) Fodder and fiber crops and pasture for animals not producing milk for human consumption, (5) Seed crops not eaten by humans, (6) Food crops that must undergo commercial pathogen-destroying processing before being consumed by humans, and (7) Ornamental nursery stock and sod farms provided no irrigation with recycled water occurs for a period of 14 days prior to harvesting, retail sale, or allowing access by the general public. (e) No recycled water used for irrigation, or soil that has been irrigated with recycled water, shall come into contact with the edible portion of food crops eaten raw by humans unless the recycled water complies with subsection (a). Note: Authority cited: Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60305. Use of Recycled Water For Impoundments. (a) Except as provided in subsection (b), recycled water used as a source of water supply for nonrestricted recreational impoundments shall be disinfected tertiary recycled water that has been subjected to conventional treatment. (b) Disinfected tertiary recycled water that has not received conventional treatment may be used for nonrestricted recreational impoundments provided the recycled water is monitored for the presence of pathogenic organisms in accordance with the following: (1) During the first 12 months of operation and use the recycled water shall be sampled and analyzed monthly for Giardia, enteric viruses, and Cryptosporidium. Following the first 12 months of use, the recycled water shall be sampled and analyzed quarterly for Giardia, enteric viruses, and Cryptosporidium. The ongoing monitoring may be discontinued after the first two years of operation with the approval of the department. This monitoring shall be in addition to the monitoring set forth in section 60321. (2) The samples shall be taken at a point following disinfection and prior to the point where the recycled water enters the use impoundment. The samples shall be analyzed by an approved laboratory and the results submitted quarterly to the regulatory agency. (c) The total coliform bacteria concentrations in recycled water used for nonrestricted recreational impoundments, measured at a point between the disinfection process and the point of entry to the use impoundment, shall comply with the criteria specified in section 60301.230 (b) for disinfected tertiary recycled water. (d) Recycled water used as a source of supply for restricted recreational impoundments and for any publicly accessible impoundments at fish hatcheries shall be at least disinfected secondary-2.2 recycled water. (e) Recycled water used as a source of supply for landscape impoundments that do not utilize decorative fountains shall be at least disinfected secondary-23 recycled water. Note: Authority cited: Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60306. Use of Recycled Water for Cooling. (a) Recycled water used for industrial or commercial cooling or air conditioning that involves the use of a cooling tower, evaporative condenser, spraying or any mechanism that creates a mist shall be a disinfected tertiary recycled water. (b) Use of recycled water for industrial or commercial cooling or air conditioning that does not involve the use of a cooling tower, evaporative condenser, spraying, or any mechanism that creates a mist shall be at least disinfected secondary-23 recycled water. (c) Whenever a cooling system, using recycled water in conjunction with an air conditioning facility, utilizes a cooling tower or otherwise creates a mist that could come into contact with employees or members of the public, the cooling system shall comply with the following: (1) A drift eliminator shall be used whenever the cooling system is in operation. (2) A chlorine, or other, biocide shall be used to treat the cooling system recirculating water to minimize the growth of Legionella and other micro-organisms. Note: Authority cited: Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60307. Use of Recycled Water for Other Purposes. (a) Recycled water used for the following shall be disinfected tertiary recycled water, except that for filtration being provided pursuant to Section 60301.320(a) coagulation need not be used as part of the treatment process provided that the filter effluent turbidity does not exceed 2 NTU, the turbidity of the influent to the filters is continuously measured, the influent turbidity does not exceed 5 NTU for more than 15 minutes and never exceeds 10 NTU, and that there is the capability to automatically activate chemical addition or divert the wastewater should the filter influent turbidity exceed 5 NTU for more than 15 minutes: (1) Flushing toilets and urinals, (2) Priming drain traps, (3) Industrial process water that may come into contact with workers, (4) Structural fire fighting, (5) Decorative fountains, (6) Commercial laundries, (7) Consolidation of backfill around potable water pipelines, (8) Artificial snow making for commercial outdoor use, and (9) Commercial car washes, including hand washes if the recycled water is not heated, where the general public is excluded from the washing process. (b) Recycled water used for the following uses shall be at least disinfected secondary-23 recycled water: (1) Industrial boiler feed, (2) Nonstructural fire fighting, (3) Backfill consolidation around nonpotable piping, (4) Soil compaction, (5) Mixing concrete, (6) Dust control on roads and streets, (7) Cleaning roads, sidewalks and outdoor work areas and (8) Industrial process water that will not come into contact with workers. (c) Recycled water used for flushing sanitary sewers shall be at least undisinfected secondary recycled water. Note: Authority cited: Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60309. Fodder, Fiber, and Seed Crops. s 60310. Use Area Requirements. (a) No irrigation with disinfected tertiary recycled water shall take place within 50 feet of any domestic water supply well unless all of the following conditions have been met: (1) A geological investigation demonstrates that an aquitard exists at the well between the uppermost aquifer being drawn from and the ground surface. (2) The well contains an annular seal that extends from the surface into the aquitard. (3) The well is housed to prevent any recycled water spray from coming into contact with the wellhead facilities. (4) The ground surface immediately around the wellhead is contoured to allow surface water to drain away from the well. (5) The owner of the well approves of the elimination of the buffer zone requirement. (b) No impoundment of disinfected tertiary recycled water shall occur within 100 feet of any domestic water supply well. (c) No irrigation with, or impoundment of, disinfected secondary-2.2 or disinfected secondary-23 recycled water shall take place within 100 feet of any domestic water supply well. (d) No irrigation with, or impoundment of, undisinfected secondary recycled water shall take place within 150 feet of any domestic water supply well. (e) Any use of recycled water shall comply with the following: (1) Any irrigation runoff shall be confined to the recycled water use area, unless the runoff does not pose a public health threat and is authorized by the regulatory agency. (2) Spray, mist, or runoff shall not enter dwellings, designated outdoor eating areas, or food handling facilities. (3) Drinking water fountains shall be protected against contact with recycled water spray, mist, or runoff. (f) No spray irrigation of any recycled water, other than disinfected tertiary recycled water, shall take place within 100 feet of a residence or a place where public exposure could be similar to that of a park, playground, or school yard. (g) All use areas where recycled water is used that are accessible to the public shall be posted with signs that are visible to the public, in a size no less than 4 inches high by 8 inches wide, that include the following wording: "RECYCLED WATER - DO NOT DRINK". Each sign shall display an international symbol similar to that shown in figure 60310-A. The Department may accept alternative signage and wording, or an educational program, provided the applicant demonstrates to the Department that the alternative approach will assure an equivalent degree of public notification. (h) Except as allowed under section 7604 of title 17, California Code of Regulations, no physical connection shall be made or allowed to exist between any recycled water system and any separate system conveying potable water. (i) The portions of the recycled water piping system that are in areas subject to access by the general public shall not include any hose bibbs. Only quick couplers that differ from those used on the potable water system shall be used on the portions of the recycled water piping system in areas subject to public access. Water Recycling Criteria FIGURE 60310-A Note: Authority cited: Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60311. Pasture for Milking Animals. s 60313. General Requirements. (a) No person other than a recycled water agency shall deliver recycled water to a dual-plumbed facility. (b) No recycled water agency shall deliver recycled water for any internal use to any individually-owned residential units including free-standing structures, multiplexes, or condominiums. (c) No recycled water agency shall deliver recycled water for internal use except for fire suppression systems, to any facility that produces or processes food products or beverages. For purposes of this Subsection, cafeterias or snack bars in a facility whose primary function does not involve the production or processing of foods or beverages are not considered facilities that produce or process foods or beverages. (d) No recycled water agency shall deliver recycled water to a facility using a dual plumbed system unless the report required pursuant to section 13522.5 of the Water Code, and which meets the requirements set forth in section 60314, has been submitted to, and approved by, the regulatory agency. Note: Authority cited: Section 13521, Water Code. Reference: Sections 13521, 13522.5, 13523.1, 13553 and 13554, Water Code. s 60314. Report Submittal. (a) For dual-plumbed recycled water systems, the report submitted pursuant to section 13522.5 of the Water Code shall contain the following information in addition to the information required by section 60323: (1) A detailed description of the intended use area identifying the following: (A) The number, location, and type of facilities within the use area proposing to use dual plumbed systems, (B) The average number of persons estimated to be served by each facility on a daily basis, (C) The specific boundaries of the proposed use area including a map showing the location of each facility to be served, (D) The person or persons responsible for operation of the dual plumbed system at each facility, and (E) The specific use to be made of the recycled water at each facility. (2) Plans and specifications describing the following: (A) Proposed piping system to be used, (B) Pipe locations of both the recycled and potable systems, (C) Type and location of the outlets and plumbing fixtures that will be accessible to the public, and (D) The methods and devices to be used to prevent backflow of recycled water into the public water system. (3) The methods to be used by the recycled water agency to assure that the installation and operation of the dual plumbed system will not result in cross connections between the recycled water piping system and the potable water piping system. This shall include a description of pressure, dye or other test methods to be used to test the system every four years. (b) A master plan report that covers more than one facility or use site may be submitted provided the report includes the information required by this section. Plans and specifications for individual facilities covered by the report may be submitted at any time prior to the delivery of recycled water to the facility. Note: Authority cited: Sections 13521 and 13522.5, Water Code. Reference: Sections 13521, 13522.5, 13523.1, 13553 and 13554, Water Code. s 60315. Design Requirements. The public water supply shall not be used as a backup or supplemental source of water for a dual-plumbed recycled water system unless the connection between the two systems is protected by an air gap separation which complies with the requirements of sections 7602(a) and 7603(a) of title 17, California Code of Regulations, and the approval of the public water system has been obtained. Note: Authority cited: Section 13521, Water Code. Reference: Sections 13521, 13523.1, 13553 and 13554, Water Code. s 60316. Operation Requirements. (a) Prior to the initial operation of the dual-plumbed recycled water system and annually thereafter, the Recycled Water Agency shall ensure that the dual plumbed system within each facility and use area is inspected for possible cross connections with the potable water system. The recycled water system shall also be tested for possible cross connections at least once every four years. The testing shall be conducted in accordance with the method described in the report submitted pursuant to section 60314. The inspections and the testing shall be performed by a cross connection control specialist certified by the California-Nevada section of the American Water Works Association or an organization with equivalent certification requirements. A written report documenting the result of the inspection or testing for the prior year shall be submitted to the department within 30 days following completion of the inspection or testing. (b) The recycled water agency shall notify the department of any incidence of backflow from the dual-plumbed recycled water system into the potable water system within 24 hours of the discovery of the incident. (c) Any backflow prevention device installed to protect the public water system serving the dual-plumbed recycled water system shall be inspected and maintained in accordance with section 7605 of Title 17, California Code of Regulations. Note: Authority cited: Section 13521, Water Code. Reference: Sections 13521, 13553 and 13554, Water Code. s 60317. Restricted Recreational Impoundment. s 60319. Landscape Impoundment. s 60320. Groundwater Recharge. (a) Reclaimed water used for groundwater recharge of domestic water supply aquifers by surface spreading shall be at all times of a quality that fully protects public health. The State Department of Health Services' recommendations to the Regional Water Quality Control Boards for proposed groundwater recharge projects and for expansion of existing projects will be made on an individual case basis where the use of reclaimed water involves a potential risk to public health. (b) The State Department of Health Services' recommendations will be based on all relevant aspects of each project, including the following factors: treatment provided; effluent quality and quantity; spreading area operations; soil characteristics; hydrogeology; residence time; and distance to withdrawal. (c) The State Department of Health Services will hold a public hearing prior to making the final determination regarding the public health aspects of each groundwater recharge project. Final recommendations will be submitted to the Regional Water Quality Control Board in an expeditious manner. Note: Authority cited: Section 208, Health and Safety Code; and Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60320.5. Other Methods of Treatment. Methods of treatment other than those included in this chapter and their reliability features may be accepted if the applicant demonstrates to the satisfaction of the State Department of Health that the methods of treatment and reliability features will assure an equal degree of treatment and reliability. Note: Authority cited: Section 208, Health and Safety Code; and Section 13521, Water Code. Reference: Section 13520, Water Code. s 60321. Sampling and Analysis. (a) Disinfected secondary-23, disinfected secondary-2.2, and disinfected tertiary recycled water shall be sampled at least once daily for total coliform bacteria. The samples shall be taken from the disinfected effluent and shall be analyzed by an approved laboratory. (b) Disinfected tertiary recycled water shall be continuously sampled for turbidity using a continuous turbidity meter and recorder following filtration. Compliance with the daily average operating filter effluent turbidity shall be determined by averaging the levels of recorded turbidity taken at four-hour intervals over a 24-hour period. Compliance with turbidity pursuant to section 60301.320(a)(2)(B) and (b)(1) shall be determined using the levels of recorded turbidity taken at intervals of no more than 1.2-hours over a 24-hour period. Should the continuous turbidity meter and recorder fail, grab sampling at a minimum frequency of 1.2-hours may be substituted for a period of up to 24- hours. The results of the daily average turbidity determinations shall be reported quarterly to the regulatory agency. (c) The producer or supplier of the recycled water shall conduct the sampling required in subsections (a) and (b). Note: Authority cited: Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60323. Engineering Report. (a) No person shall produce or supply reclaimed water for direct reuse from a proposed water reclamation plant unless he files an engineering report. (b) The report shall be prepared by a properly qualified engineer registered in California and experienced in the field of wastewater treatment, and shall contain a description of the design of the proposed reclamation system. The report shall clearly indicate the means for compliance with these regulations and any other features specified by the regulatory agency. (c) The report shall contain a contingency plan which will assure that no untreated or inadequately-treated wastewater will be delivered to the use area. s 60325. Personnel. (a) Each reclamation plant shall be provided with a sufficient number of qualified personnel to operate the facility effectively so as to achieve the required level of treatment at all times. (b) Qualified personnel shall be those meeting requirements established pursuant to Chapter 9 (commencing with Section 13625) of the Water Code. Note: Authority cited: Section 208, Health and Safety Code; and Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60327. Maintenance. A preventive maintenance program shall be provided at each reclamation plant to ensure that all equipment is kept in a reliable operating condition. Note: Authority cited: Section 208, Health and Safety Code; and Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60329. Operating Records and Reports. (a) Operating records shall be maintained at the reclamation plant or a central depository within the operating agency. These shall include: all analyses specified in the reclamation criteria; records of operational problems, plant and equipment breakdowns, and diversions to emergency storage or disposal; all corrective or preventive action taken. (b) Process or equipment failures triggering an alarm shall be recorded and maintained as a separate record file. The recorded information shall include the time and cause of failure and corrective action taken. (c) A monthly summary of operating records as specified under (a) of this section shall be filed monthly with the regulatory agency. (d) Any discharge of untreated or partially treated wastewater to the use area, and the cessation of same, shall be reported immediately by telephone to the regulatory agency, the State Department of Health, and the local health officer. Note: Authority cited: Section 208, Health and Safety Code; and Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60331. Bypass. There shall be no bypassing of untreated or partially treated wastewater from the reclamation plant or any intermediate unit processes to the point of use. Note: Authority cited: Section 208, Health and Safety Code; and Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60333. Flexibility of Design. The design of process piping, equipment arrangement, and unit structures in the reclamation plant must allow for efficiency and convenience in operation and maintenance and provide flexibility of operation to permit the highest possible degree of treatment to be obtained under varying circumstances. s 60335. Alarms. (a) Alarm devices required for various unit processes as specified in other sections of these regulations shall be installed to provide warning of: (1) Loss of power from the normal power supply. (2) Failure of a biological treatment process. (3) Failure of a disinfection process. (4) Failure of a coagulation process. (5) Failure of a filtration process. (6) Any other specific process failure for which warning is required by the regulatory agency. (b) All required alarm devices shall be independent of the normal power supply of the reclamation plant. (c) The person to be warned shall be the plant operator, superintendent, or any other responsible person designated by the management of the reclamation plant and capable of taking prompt corrective action. (d) Individual alarm devices may be connected to a master alarm to sound at a location where it can be conveniently observed by the attendant. In case the reclamation plant is not attended full time, the alarm(s) shall be connected to sound at a police station, fire station or other full-time service unit with which arrangements have been made to alert the person in charge at times that the reclamation plant is unattended. s 60337. Power Supply. The power supply shall be provided with one of the following reliability features: (a) Alarm and standby power source. (b) Alarm and automatically actuated short-term retention or disposal provisions as specified in Section 60341. (c) Automatically actuated long-term storage or disposal provisions as specified in Section 60341. s 60339. Primary Treatment. Reclamation plants producing reclaimed water exclusively for uses for which primary effluent is permitted shall be provided with one of the following reliability features: (a) Multiple primary treatment units capable of producing primary effluent with one unit not in operation. (b) Long-term storage or disposal provisions as specified in Section 60341. s 60341. Emergency Storage or Disposal. (a) Where short-term retention or disposal provisions are used as a reliability feature, these shall consist of facilities reserved for the purpose of storing or disposing of untreated or partially treated wastewater for at least a 24-hour period. The facilities shall include all the necessary diversion devices, provisions for odor control, conduits, and pumping and pump back equipment. All of the equipment other than the pump back equipment shall be either independent of the normal power supply or provided with a standby power source. (b) Where long-term storage or disposal provisions are used as a reliability feature, these shall consist of ponds, reservoirs, percolation areas, downstream sewers leading to other treatment or disposal facilities or any other facilities reserved for the purpose of emergency storage or disposal of untreated or partially treated wastewater. These facilities shall be of sufficient capacity to provide disposal or storage of wastewater for at least 20 days, and shall include all the necessary diversion works, provisions for odor and nuisance control, conduits, and pumping and pump back equipment. All of the equipment other than the pump back equipment shall be either independent of the normal power supply or provided with a standby power source. (c) Diversion to a less demanding reuse is an acceptable alternative to emergency disposal of partially treated wastewater provided that the quality of the partially treated wastewater is suitable for the less demanding reuse. (d) Subject to prior approval by the regulatory agency, diversion to a discharge point which requires lesser quality of wastewater is an acceptable alternative to emergency disposal of partially treated wastewater. (e) Automatically actuated short-term retention or disposal provisions and automatically actuated long-term storage or disposal provisions shall include, in addition to provisions of (a), (b), (c), or (d) of this section, all the necessary sensors, instruments, valves and other devices to enable fully automatic diversion of untreated or partially treated wastewater to approved emergency storage or disposal in the event of failure of a treatment process and a manual reset to prevent automatic restart until the failure is corrected. s 60343. Primary Treatment. All primary treatment unit processes shall be provided with one of the following reliability features: (a) Multiple primary treatment units capable of producing primary effluent with one unit not in operation. (b) Standby primary treatment unit process. (c) Long-term storage or disposal provisions. s 60345. Biological Treatment. All biological treatment unit processes shall be provided with one of the following reliability features: (a) Alarm and multiple biological treatment units capable of producing oxidized wastewater with one unit not in operation. (b) Alarm, short-term retention or disposal provisions, and standby replacement equipment. (c) Alarm and long-term storage or disposal provisions. (d) Automatically actuated long-term storage or disposal provisions. s 60347. Secondary Sedimentation. All secondary sedimentation unit processes shall be provided with one of the following reliability features: (a) Multiple sedimentation units capable of treating the entire flow with one unit not in operation. (b) Standby sedimentation unit process. (c) Long-term storage or disposal provisions. s 60349. Coagulation. (a) All coagulation unit processes shall be provided with the following mandatory features for uninterrupted coagulant feed: (1) Standby feeders, (2) Adequate chemical stowage and conveyance facilities, (3) Adequate reserve chemical supply, and (4) Automatic dosage control. (b) All coagulation unit processes shall be provided with one of the following reliability features: (1) Alarm and multiple coagulation units capable of treating the entire flow with one unit not in operation; (2) Alarm, short-term retention or disposal provisions, and standby replacement equipment; (3) Alarm and long-term storage or disposal provisions; (4) Automatically actuated long-term storage or disposal provisions, or (5) Alarm and standby coagulation process. s 60351. Filtration. All filtration unit processes shall be provided with one of the following reliability features: (a) Alarm and multiple filter units capable of treating the entire flow with one unit not in operation. (b) Alarm, short-term retention or disposal provisions and standby replacement equipment. (c) Alarm and long-term storage or disposal provisions. (d) Automatically actuated long-term storage or disposal provisions. (e) Alarm and standby filtration unit process. s 60353. Disinfection. (a) All disinfection unit processes where chlorine is used as the disinfectant shall be provided with the following features for uninterrupted chlorine feed: (1) Standby chlorine supply, (2) Manifold systems to connect chlorine cylinders, (3) Chlorine scales, and (4) Automatic devices for switching to full chlorine cylinders. Automatic residual control of chlorine dosage, automatic measuring and recording of chlorine residual, and hydraulic performance studies may also be required. (b) All disinfection unit processes where chlorine is used as the disinfectant shall be provided with one of the following reliability features: (1) Alarm and standby chlorinator; (2) Alarm, short-term retention or disposal provisions, and standby replacement equipment; (3) Alarm and long-term storage or disposal provisions; (4) Automatically actuated long-term storage or disposal provisions; or (5) Alarm and multiple point chlorination, each with independent power source, separate chlorinator, and separate chlorine supply. s 60355. Other Alternatives to Reliability Requirements. Other alternatives to reliability requirements set forth in Articles 8 to 10 may be accepted if the applicant demonstrates to the satisfaction of the State Department of Health that the proposed alternative will assure an equal degree of reliability. Note: Authority cited: Section 208, Health and Safety Code; and Section 13521, Water Code. Reference: Sections 13520 and 13521, Water Code. s 60357. Other Methods of Treatment. Note: Authority cited: Section 208, Health and Safety Code and Section 13521, Water Code. Reference: Section 13520, Water Code. s 60400. Certification. "Certification" means that a water treatment device or a treatment component used in water treatment devices has met the testing requirements specified in section 60435 or the testing requirements accepted by the Department pursuant to section 4057.1(c) of the Health and Safety Code as defined in section 60440. Note: Authority cited: Sections 208 and 4057.1, Health and Safety Code. Reference: Sections 4057 and 4057.1, Health and Safety Code. s 60401. Health and Safety Claim. (a) "Health or Safety Claim" means one or more of the following: (1) Any claim that the water treatment device or treatment component will remove or reduce a contaminant for which a primary drinking water standard as defined in Health and Safety Code section 4010.1 or a treatment requirement as authorized in sections 4023.1(c) and 4023.3(d) of the Health and Safety Code has been established. (2) Any claim that the water treatment device or treatment component will remove or reduce a contaminant for which a national primary drinking water standard or treatment requirement has been established under the U.S. Safe Drinking Water Act (PL 93-523 and as amended under PL 99-339) (42 U.S.C. section 3OOg-1). (3) Any claim that the water treatment device or treatment component will remove or reduce a contaminant which has been determined to present a health risk by the United States Environmental Protection Agency pursuant to sections 1445(a)(2) and 1445(a)(3) of the U.S. Safe Drinking Water Act (PL 93-523 and as amended under PL 99-339) (42 U.S.C. section 300j-4(a)(2) and (a)(3)). Note: Authority cited: Sections 208 and 4057.1, Health and Safety Code. Reference: Sections 4010.1 4023.1, 4023.3, Health and Safety Code. s 60402. Independent Laboratory. "Independent Laboratory" means a laboratory that is neither owned or operated by the manufacturer or an entity which is a parent or subsidiary company to the manufacturer of a water treatment device or treatment component nor is in a partnership with the manufacturer or entity which is a parent or subsidiary company to the manufacturer. Note: Authority cited: Sections 208 and 4057.1, Health and Safety Code. Reference: Sections 4057 and 4057.1, Health and Safety Code. s 60403. Manufacturer. (a) "Manufacturer" means any person, as defined by section 4057(c) of the California Health and Safety Code, that makes, converts, constructs, or produces water treatment devices or treatment components for the purpose of sale, lease or rent to individuals, corporations, associations, or other entities. Manufacturer also includes: (1) Persons that assemble water treatment devices or treatment components from components manufactured by another entity. (2) Persons who add their own product name or product identification to water treatment devices or treatment components which have been manufactured or assembled by another entity. Note: Authority cited: Sections 208 and 4057.1, Health and Safety Reference: Sections 4057 and 4057.1, Health and Safety Code. s 60404. Recognized Testing Organization. "Recognized Testing Organization" means an independent laboratory which has been accredited by the Department pursuant to Health and Safety Code, division 1, part 2, chapter 7.5, section 1010 et seq. Note: Authority cited: Sections 208 and 4057.1, Health and Safety Code. Reference: Sections 4010.1, 4057 and 4057.1, Health and Safety Code. s 60405. Testing Requirements. "Testing Requirements" means the contaminant reduction and general performance requirements pursuant to section 60435. Note: Authority Cited: Sections 208 and 4057.1, Health and Safety Code. Reference: Sections 4057 and 4057.1. Health and Safety Code. s 60406. Modification. "Modification" means any change made to a certified water treatment device or certified treatment component which may affect its performance in meeting the testing requirements or an change in the health or safety claims made with respect to the certified water treatment device or certified treatment component. Note: Authority cited: Sections 208 and 4057.1, Health and Safety Code. Reference: Sections 4057 and 4057.1, Health and Safety Code. s 60407. Certification Period. The certification shall be valid for one year and shall be renewable for a period not to exceed five years. Note: Authority cited: Sections 208, 4057.1 and 4057.2, Health and Safety Code. Reference: Sections 4057.1 and 4057.2, Health and Safety Code. s 60410. Certification Application. (a) Application for certification shall be submitted by the manufacturer for each water treatment device or treatment component. (b) A completed application shall include the following: (1) Applicant business name, address, and phone number. (2) A contact person, address, and phone number. (3) The identification of each and every specific contaminant for each and every health or safety claim which is made for the water treatment device or treatment component. (4) Product design specifications and engineering information including blueprints or similar drawing which will provide detailed information about the construction of the water treatment device and treatment components. (5) Parts list for the water treatment device or treatment component. (6) Test data and verification as prescribed by section 60435, 60445, 60450 or 60455. (7) A list of all names, model numbers, or other product identifications which are used by the manufacturer to describe the water treatment device or treatment component. (8) A statement containing the following declaration by the manufacturer: "This water treatment device or treatment component, which is identified as (insert name, model number, or other product identification) has been toxicologically reviewed and tested to verify that no substances are contributed by the unit to the treated water at levels that would adversely affect the health of the users. The toxicological review and testing was conducted pursuant to the requirements of the material review and qualifications procedures contained in the appropriate testing standard referenced in Table I of section 60435 or Table II of section 60450". (9) The application shall be signed by a person in a principal management position. Note: Authority cited: Sections 208 and 4057.1, Health and Safety Code. Reference: Section 4057.1, Health and Safety Code. s 60415. Certification Renewal. (a) A completed application for renewal of a certification shall be submitted by the manufacturer. A completed application shall include the following: (1) Applicant business name, address, and phone number. (2) A contact person, address, and phone number. (3) A written statement that identifies any change to the information provided as described in section 60410(b)(7) and (8) orchanges to section 60410(b)(4) and (5) which do not constitute modifications. (4) The application shall be signed by a person in a principal management position. (b) The manufacturer shall be responsible for making application for renewal of a certification at least 30 days prior to the expiration date. If the application is submitted after that date, a late application penalty must be paid. (c) In the event that the application for renewal of the certification is denied by the department, the manufacturer will be notified by registered mail of the denial and the reasons for the denial. The manufacturer may appeal the denial in accordance with Government Code, title 2, division 3, chapter 5, section 11500 et seq. The registered letter providing notice of the denial will be considered the accusation within the appeal process. Note: Authority cited: Sections 208 and 4057.1, Health and Safety Code. Reference: Section 4057.1, Health and Safety Code. s 60425. Modification of a Certification. (a) Any modification made to a certified water treatment device or certified treatment component without the written approval of the Department shall void the certification. (b) Application to modify an existing certification shall be submitted by the manufacturer. A completed application for the modification of a certified water treatment device or certified treatment component shall include the following: (1) Applicant business name, address, and telephone number. (2) Name of a contact person, address, and telephone number. (3) A statement of the reasons for the modification(s). (4) A description of the modification(s) to the certified water treatment device or certified treatment component such as changes in the health or safety claims; changes in treatment components; changes in parts which are in direct contact with the influent or product water; or changes to parts which affect the treatment process or product safety. (6) Changes to the parts list provided pursuant to section 60410(b)(5). (7) Changes to the product design, specifications and engineering information including blueprints or similar drawings provided pursuant to section 60410(b)(4). (8) Changes to the list of names, model numbers, or other product identifications provided pursuant to section 60410(b)(7). (9) A statement containing the following declaration by the manufacturer: "This water treatment device or treatment component, which is identified as (insert name, model number, or other product identification) has been to toxicologically reviewed and tested to verify that no substances are contributed by the unit to the treated water at levels that would adversely affect the health of the users. The toxicological review and testing was conducted pursuant to the requirements of the material review and qualifications procedures contained in the appropriate testing standard referenced in Table I of section 60435 or Table II of section 60450." (10) The application shall be signed by a person in a principal management position. Note: Authority cited: Sections 208 and 4057.1, Health and Safety Code. Reference: Section 4057.1, Health and Safety Code. s 60430. Processing Time. (a) Within 45 calendar days of receipt of an application for certification, or modification of a certified water treatment device or certified treatment component, the Department shall inform the applicant in writing that the application is complete and accepted for filing, or that it is incomplete and what specific information is needed. (b) Within 90 calendar days from the date of filing a completed application for certification or modification of a certified water treatment device or certified treatment component, the Department shall inform the applicant in writing of its decision. (c) Within 30 calendar days of receipt of an application for renewal of certification, the Department shall inform the applicant in writing that the application is complete and accepted for filing, or that it is incomplete and what specific information is needed. (d) Within 30 calendar days of receipt of a completed application for the renewal of certification, the Department shall inform the applicant in writing that certification has or has not been extended. Note: Authority cited: Section 208, Health and Safety Code; and Section 15376, Government Code. Reference: Section 15376, Government Code. s 60435. Testing and Testing Protocols. (a) To be considered for certification, a water treatment device or treatment component shall be tested and found to meet the requirements set forth in Table I. (b) The testing shall be conducted: (1) By a recognized testing organization; or (2) By a manufacturer pursuant to section 60445. (c) All contaminant reduction and general performance testing shall be conducted by a laboratory which has been accredited by the Department pursuant to Health and Safety Code, division 1, part 2, chapter 7.5, section 1010 et seq. Test data submitted pursuant to section 60450 are exempt from this provision. Table I Testing Requirements ----------------------------------------------------------------------------- TESTING PROTOCOLS ------------------------------------- Contaminant General Treatment Reference Reduction Performance Process Standard Requirements Requirements (Sections) (Sections) ----------------------------------------------------------------------------- Mechanical Filtration NSF Standard 53 [FN1] 5.2, 5.2.1, 5.3, 4.2, 4.2.1, 4.2.2, _______________ 5.3.1, 5.3.2, 4.2.3, 4.2.4, 4.4, Activated 5.3.3 5.5 Carbon ----------------------------------------------------------------------------- Reverse NSF Standard 58 [FN2] 5.3, 5.4, 5.4.1, 4.1, 4.7.2, 4.7.3 Osmosis 5.4.2, 5.4.3 ----------------------------------------------------------------------------- Cation Exchange NSF Standard 44 [FN3] 5.2, 5,2,1 4.3 ----------------------------------------------------------------------------- Distillation JSF Standard 62 [FN4] 5.1, 5.2, 5.3 4.21, 4.5, 4.5.1, 4.5.2, 4.5.2.1, 5.4 ----------------------------------------------------------------------------- Notes: [FNa1] National Sanitation Foundation Standard 53, Drinking Water Treatment Units Health Effects, June 1988. [FNa2] National Sanitation Foundation Standard 58, Reverse Osmosis Drinking Water Treatment Systems, November 1986. [FNa3] National Sanitation Foundation Standard 44, Cation Exchange Water Softeners, December 1987. [FNa4] National Sanitation Foundation Standard 62, Drinking Water Distillation Systems, May 1989. Note: Authority cited: Sections 208 and 4057.1, Health and Safety Code. Reference: Section 4057.1, Health and Safety Code. s 60440. Manufacturer's Testing Protocols. (a) Whenever the testing requirements of Table I of section 60435 are not applicable for the treatment process or the specific contaminant for which certification is requested, the applicant shall submit proposed testing protocols to the Department for approval prior to the testing of the water treatment device or treatment component. (b) The proposed testing protocols shall include the following: (1) Testing shall be conducted in duplicate. (2) Testing shall be conducted under pressure and flow conditions typical of the end use of the water treatment device or treatment component. (3) Testing shall provide an equivalent level of assurance that the performance of a water treatment device or treatment component is consistent with the performance of those water treatment or treatment components devices which are tested against the testing requirements prescribed in Table I of section 60435. Note: Authority cited: Sections 208 and 4057.1, Health and Safety Code. Reference: Section 4057.l, Health and Safety Code. s 60445. Manufacturer's Test Data. (a) Test data developed by a manufacturer and submitted to the Department pursuant to the provisions of section 60435(b)(2) shall meet all of the following requirements: (1) The data was obtained using the testing requirements prescribed in section 60435 or the testing requirements accepted by the Department pursuant to section 4057.1(c) of the Health and Safety Code as defined in section 60440. (2) The data was produced by a laboratory which is wholly owned by the manufacturer of the water treatment device or treatment component. (3) The manufacturer has complied with the Department's request for information regarding the qualifications of the laboratory staff, laboratory equipment used for testing and analysis, and records related to the testing under review. (4) The manufacturer's laboratory has been inspected by the Department's staff under a cost reimbursement agreement to recover the cost incurred to make the inspection(s). (5) The manufacturer has performed replicate testing, as specified by the Department, during the on-site inspection. Such testing shall be required when test data submitted pursuant to this section is incomplete or there is reasonable doubt regarding the ability of the treatment process to remove or reduce one or more of the specific contaminants tested. Note: Authority cited: Sections 208 and 4057.1, Health and Safety Code. Reference: Sections 4057.1, and 4057.2, Health and Safety Code. s 60450. Prior Test Data. When a manufacturer submits prior test data to satisfy the requirements of section 60410(b)(6), the manufacturer shall demonstrate that any test data developed before September 1, 1990 was developed by an independent laboratory or by a manufacturer's laboratory; and that the test data was developed using a testing protocol that was consistent with the applicable testing requirements set forth in Table II. All test data considered by the Department pursuant to this paragraph shall have been produced from testing that was conducted after January 1, 1983. Table II Testing Requirements for Prior Data ------------------------------------------------------------------------------- TESTING PROTOCOLS -------------------------------------- Contaminant General Treatment Reference Reduction Performance Process Standard Requirements Requirements (Sections) (Sections) ------------------------------------------------------------------------------- Mechanical Filtration NSF Standard 53 [FN1] 4.2, 4.2.1, 4.2.2, 5.2, 5.2.1, 5.3, _______________ 5.3.1, 5.3.2, 4.2.3, 4.2.4, 4.4, Activated 5.3.3 5.5 Carbon ------------------------------------------------------------------------------- Reverse NSF Standard 58 [FN2] 5.3, 5.4, 5.4.1, 4.1, 4.7.2, 4.7.3 Osmosis 5.4.2, 5.4.3 ------------------------------------------------------------------------------- Cation Exchange NSF Standard 44 [FN3] 5.2, 5.2.1 4.3 ------------------------------------------------------------------------------- Distillation NSF Standard 62 [FN4] 5.1, 5.2, 5.3 4.21, 4.5, 4.5.1, 4.5.2, 4.5.2.1, 5.4 ------------------------------------------------------------------------------- [FNNotes:] [FNa1] National Sanitation Foundation Standard 53, Drinking Water Treatment Units Health Effects, June 1988. [FNa2] National Sanitation Foundation Standard 58, Reverse Osmosis Drinking Water Treatment Systems, November 1986. [FNa3] National Sanitation Foundation Standard 44, Cation Exchange Water Softeners, December 1987. [FNa4] National Sanitation Foundation Standard 62, Drinking Water Distillation Systems, May 1989. Note: Authority cited: Sections 208 and 4057.1, Health and Safety Code. Reference: Section 4057.1, Health and Safety Code. s 60455. Extrapolation of Data. (a) Where a manufacturer has several water treatment devices or treatment components each using the same treatment technology and they are of similar construction, the manufacturer may submit test data developed pursuant to section 60435 or the manufacturer's testing protocol accepted by the Department pursuant to section 4057.i(c) of the Health and Safety Code, as defined in section 60440, on one water treatment device or treatment component as representative of the others under the following conditions: (1) The manufacturer submits evidence that extrapolation will provide test data that is reasonably consistent with empirical data that would be obtained from the actual testing of the water treatment device or treatment component. (2) Extrapolation is limited to the scaling or down in size as measured by the volume of product water produced or volume of water to be treated. (3) Scaling up shall be limited to three times greater than the size of the representative water treatment device or treatment component. (4) Scaling down shall be limited to one third the size of the representative water treatment device or treatment component. Note: Authority cited: Sections 208 and 4057.1, Health and Safety Code. Reference: Section 4057.1, Health and Safety Code. s 60460. Retesting. (a) The manufacturer shall retest each certified water treatment device or certified treatment component every five years from the date of certification to insure continued compliance with this chapter and shall submit the results to the Department along with the application for recertification. (b) The manufacturer shall retest a certified water treatment device or certified treatment component for the reduction of a contaminant or for a general performance requirement when the Department determines through testing pursuant to section 60435 or the manufacturer's testing protocol accepted by the Department pursuant to section 4057.1 of the Health and Safety Code, as defined in section 60440, that the water treatment device or treatment component is not meeting a requirement when the water treatment device or treatment component is used according to the manufacturer's instructions. The manufacturer shall comply with the following requirements when retesting pursuant to this paragraph: (1) Retesting pursuant to subsection (b) shall be conducted by a recognized testing organization in accordance with section 60435 or the manufacturer's testing protocol and shall be initiated within three months of notification by registered mail of the Department's determination. (2) The results of retesting shall be submitted to the Department within 60 days of initiating the testing. (3) The results of retesting shall be in conformance with section 60435 or the manufacturer's testing protocol. Manufacturers of certified water treatment devices or certified treatment components determined to be out of compliance with section 60435 or the manufacturer's testing protocol will be notified by registered mail of the decertification and reason for decertification. The manufacturer may appeal the decertification in accordance with Government Code, title 2, division 3, chapter 5, section 11500 et seq. The registered letter providing notice of the decertification will be considered the accusation within the appeal process. (c) Retesting pursuant to subdivision (a) shall not be required for a certified water treatment device or certified treatment component if the water treatment device or treatment component is listed under a product listing program operated a non-profit third party testing organization and subject to the following provisions: (1) The listing program is operated by a recognized testing organization. (2) The listing program includes retesting of the water treatment device or its treatment components at least every five years. (3) The listing program requires that the manufacturer maintain a quality assurance and quality control program for the manufacturing of the water treatment device or treatment component. (4) The listing program includes visits at least every two years to the manufacturing plants to inspect the manufacturing of the water treatment device or treatment component and the quality control records maintained by the manufacturer. Note: Authority cited: Sections 208 and 4057.1, Health and Safety Code. Reference: Sections 4057.1 and 4057.3, Health and Safety Code. s 60465. Product Labeling. (a) A permanent, clear, and legible plate or label containing the following information shall be securely affixed to each certified water treatment device or certified treatment component so that such plate or label can only be removed with a purposeful effort and the plate or label shall be affixed in a readily accessible location: (1) Equipment name. (2) Model designation. (3) Name of manufacturer. (4) The statement "For conditions of use, health claims certified by the California Department of Health Services, and replacement parts, see product data sheet." (5) The statement "California Department of Health Services certification Number: XXXXXX." Note: Authority cited: Sections 208 and 4057.1, Health and Safety Code. Reference: Section 4057.1, Health and Safety Code. s 60470. Product Data Sheet. (a) Each certified water treatment device shall be accompanied by a Product Data Sheet which includes the following information: (1) A copy of the certificate by which the Department has granted certification of the water treatment device. The copy may be incorporated in the product data sheet or attached to the sheet. (2) Service flow rate in gallons per minute or gallons per day (Liters/day) or the production rate in gallons per day (Liters/day). (3) Rated service life of the water treatment device (where applicable). (4) General use conditions and needs, such as maximum turbidity and bacteriological quality of source water. (5) Model or part number and estimated cost of components that must be periodically or routinely, replaced to maintain the effectiveness of the certified water treatment device. (6) Maximum and minimum operating temperature in degrees Fahrenheit and degrees Centigrade. (7) Maximum and minimum operating pressure in pounds per square inch and kilograms per square centimeter. (8) A reference to the owner's manual for general operation and maintenance requirements, and the manufacturer's warranty. Note: Authority cited: Sections 208 and 4057.1, Health and Safety Code. Reference: Section 4057.1, Health and Safety Code. s 60475. Fees. (a) The fees specified shall be paid pursuant to the requirements of this chapter. The fees paid are non-refundable: (1) Certification or Recertification.... $1,400 (2) Annual Renewal...................... $ 400 (3) Late Renewal Penalty................ $ 200 (4) Modification of a Certification..... $ 300 Note: Authority cited: Sections 208, 4057.1 and 4057.5, Health and Safety Code. Reference: Section 4057.5, Health and Safety Code. s 63000.10. Applicant. "Applicant" means a public water system that is applying for funding from the State Revolving Fund. Note: Authority cited: Section 116760.43, Health and Safety Code. Reference: Section 116760.20(i), Health and Safety Code. s 63000.13. CEQA. "CEQA" means the California Environmental Quality Act and the regulations and guidelines adopted by the California Resources Agency to implement that Act. Note: Authority cited: Section 116760.43, Health and Safety Code. Reference: Section 116760 et seq., Health and Safety Code. s 63000.16. Completion of Project. "Completion of Project" means, in the case of construction, that the Department has conducted a final inspection of the project and has notified the Department of Water Resources that project construction has been completed. In the case of planning loans, completion of project means that the Department has received and approved the planning report and has notified the Department of Water Resources of the approval. Note: Authority cited: Section 116760.43, Health and Safety Code. Reference: Section 116760.20(g) and 116760.40, Health and Safety Code. s 63000.17. Consolidation Project. "Consolidation project" means a project that involves the restructuring of two or more water systems into a single public water system through physical consolidation of the water systems. Note: Authority cited: Section 116760.40, Health and Safety Code. Reference: Sections 116760.10(g), 116760.20(g) and 116761(b), Health and Safety Code. s 63000.19. Construction Funding. "Construction Funding" means a loan and/or grant to cover the cost of planning, preliminary engineering, design, acquisition of water systems, purchase of land or equipment, and construction or consolidation of a water system project. Note: Authority cited: Section 116760.43, Health and Safety Code. Reference: Sections 116760.20(e), 116760.30, 116760.40, 116761.20(a) and 116761.50(b)(2), Health and Safety Code. s 63000.25. Disadvantaged Community. "Disadvantaged Community" means a community whose median household income is 65 percent or less of the statewide median household income. Note: Authority cited: Section 116760.43, Health and Safety Code. Reference: Section 116761.21, Health and Safety Code. s 63000.28. Drinking Water Standards. "Drinking Water Standards" means all drinking water requirements set forth in the California Safe Drinking Water Act (section 116275 et. seq. Health and Safety Code) and the regulations adopted by the Department pursuant thereto. Note: Authority cited: Section 116760.43, Health and Safety Code. Reference: Section 116760.20(k), Health and Safety Code. s 63000.31. Eligible Project Cost. "Eligible Project Cost" means those costs of a proposed project that are deemed by the Department to comply with the eligibility criteria set forth in section 63010. Note: Authority cited: Section 116760.43, Health and Safety Code. Reference: Section 116760.20(g) and 116760.50, Health and Safety Code. s 63000.34. Federal Cross-Cutters. "Federal Cross-cutters" means those federal laws, regulations, policies and executive orders listed in Appendix VII of the USEPA program guidelines. Note: Authority cited: Section 116760.43, Health and Safety Code. Reference: Section 116760.42, Health and Safety Code. s 63000.35. Federal Funding Allocation. "Federal Funding Allocation means the capitalization grant awarded by the USEPA to the Department from a specific federal fiscal year allocation. Note: Authority cited: Section 116760.43, Health and Safety Code. Reference: Section 116760.42, Health and Safety Code. s 63000.37. Notice of Acceptance of Application. Note: Authority cited: Section 116760.43, Health and Safety Code. Reference: Section 116760.70, Health and Safety Code. s 63000.40. Funding Application. "Funding Application" means the appropriate application form to be submitted by an applicant for State Revolving Fund funding. The application forms are: Application Cover Sheet [DHS 8595 (5/99)], Application for Construction Funds [DHS 8585 (4/01)]; Application for Short Term Planning Loans [DHS 8586 (1/99)]; Application for Source Water Protection Funds [DHS 8588 (2/00)]; and Application for Refinancing [DHS 8587 (1/99)], which are all incorporated by reference. Note: Authority cited: Section 116760.43, Health and Safety Code. Reference: Section 116760.79, Health and Safety Code. s 63000.43. Funding Agreement. "Funding Agreement" means the document that is signed by the funding recipient and the Department of Water Resources, acting as the agent for the Department, that consummates the loan and/or grant. Note: Authority cited: Section 116760.43, Health and Safety Code. Reference: Sections 116760.20(e), 116760.30, 116760.40, 116761.20(a) and 116761.50(b)(2), Health and Safety Code. s 63000.46. Funding Agreement Execution. "Funding Agreement Execution" means that the funding agreement has been signed by both the funding recipient and the Department of Water Resources acting as the agent for the Department. Note: Authority cited: Section 116760.43, Health and Safety Code. Reference: Section 116760.40, Health and Safety Code. s 63000.47. Funding Recipient. "Funding recipient" means the public water system that enters into a funding agreement with the State and receives funding from the Safe Drinking Water State Revolving Fund. Note: Authority cited: Section 116760.40, Health and Safety Code. Reference: Section 116760.40, Health and Safety Code. s 63000.49. Local Match Project. "Local Match Project" means a project whereby the local public agency provides 20 percent of the total eligible cost of the project to the Department to cover the State's matching share of the federal dollars. Note: Authority cited: Section 116760.43, Health and Safety Code. Reference: Section 116760.40, Health and Safety Code. s 63000.62. Median Household Income. "Median Household Income" means the household income that represents the median value for the service area of a public water system. Note: Authority cited: Section 116760.43, Health and Safety Code. Reference: Section 116761.21, Health and Safety Code. s 63000.65. NEPA. "NEPA" means the National Environmental Policy Act (42 U.S.C. 4331 et seq.) or a NEPA equivalent or NEPA- Like process approved by the USEPA for the drinking water revolving fund loan program. Note: Authority cited: Section 116760.43, Health and Safety Code. Reference: Section 116760.20, Health and Safety Code. s 63000.66. Non-Profit. "Non-profit" means an entity that is exempt from taxes under United States Internal Revenue Code Section 501(a), 26 U.S.C. 501(a). Note: Authority cited: Section 116760.40, Health and Safety Code. Reference: Sections 116760.10(l) and 116760.40, Health and Safety Code. s 63000.67. Notice of Acceptance of Application. "Notice of Acceptance of Application" means a notice sent to the applicant that (1) identifies the portions and costs of the project that have been determined to be eligible for State Revolving Fund funding; (2) explains the terms and conditions that will govern the loan or grant for the project; and (3) sets forth the conditions and schedules that must be met before a funding agreement will be executed. Note: Authority cited: Section 116760.43, Health and Safety Code. Reference: Section 116760.70, Health and Safety Code. s 63000.68. Planning Loan. "Planning Loan" means a loan to cover the cost of studies, planning, and preliminary engineering for a project. Note: Authority cited: Section 116760.43, Health and Safety Code. Reference: Section 116761.20, Health and Safety Code. s 63000.70. Possible Contaminating Activity (PCA). "Possible contaminating activity (PCA)" means a human activity that is an actual or potential origin of contamination for a drinking water source and includes sources of both microbiological and chemical contaminants that could have adverse effects upon human health. Note: Authority cited: Section 116762.60, Health and Safety Code. Reference: Section 116760 et seq., Health and Safety Code. s 63000.71. Project. "Project" means all planning, engineering, construction, and construction related activities undertaken to solve the specific water system problem for which the project was ranked on the project priority list. Note: Authority cited: Section 116760.43, Health and Safety Code. Reference: Section 116761.20, Health and Safety Code. s 63000.74. Project Priority List. "Project Priority List" means the list of projects for which public water systems have requested funding and that have been ranked in priority order in accordance with section 116760.70 of the Health and Safety Code. Note: Authority cited: Section 116760.43, Health and Safety Code. Reference: Section 116760.70, Health and Safety Code. s 63000.77. Project Primarily to Serve Future Growth. "Project Primarily to Serve Future Growth" means a project, or project component, that has a design capacity that is more than double the design capacity needed to serve the existing water demand at peak daily flow. Note: Authority cited: Section 116760.43, Health and Safety Code. Reference: Section 116760.90, Health and Safety Code. s 63000.80. Refinancing Loan. "Refinancing Loan" means a loan to refinance the remaining balance of an existing indebtedness incurred for construction of an otherwise eligible project where the construction of such project commenced after July 1, 1993. Note: Authority cited: Section 116760.43, Health and Safety Code. Reference: Section 116760.20, Health and Safety Code. s 63000.81. Restructured Water System. "Restructured water system" means the single public water system that results from the consolidation of two or more water systems. Note: Authority cited: Section 116760.40, Health and Safety Code. Reference: Sections 116760.10(g), 116760.20(g), 116760.40 and 116761(b) and (c), Health and Safety Code. s 63000.83. Service Area. "Service Area" means all of the geographical area that is currently served drinking water by a public water system. Note: Authority cited: Section 116760.43, Health and Safety Code. Reference: Section 116760.20, Health and Safety Code. s 63000.84. Source Water Assessment. "Source water assessment" means an evaluation of a drinking water source that includes delineation of the boundaries of the source area, identification of PCAs within the delineated area, a determination of the PCAs to which the source is most vulnerable, and a summary of the vulnerability of the source to contamination. Note: Authority cited: Section 116762.60, Health and Safety Code. Reference: Section 116760 et seq., Health and Safety Code. s 63000.85. Source Water Protection (SWP). "Source water protection (SWP)" means the process of managing the activities within a delineated source area to prevent drinking water source contamination. Note: Authority cited: Section 116762.60, Health and Safety Code. Reference: Section 116760 et seq., Health and Safety Code. s 63000.86. Source Water Protection Program. "Source water protection program", also known as a wellhead protection program or a watershed management program, means a comprehensive program developed to protect a water source used as a drinking water supply and includes activities such as organizing a community taskforce to develop and carry out the protection program, educating the community on source protection, conducting a source water assessment to determine the PCAs to which the source is most vulnerable, identifying management measures for the PCAs posing the highest risk, developing a strategy for implementing those measures, considering protection principles when siting any new sources, and identifying alternative sources of supply for emergencies. Note: Authority cited: Section 116762.60, Health and Safety Code. Reference: Section 116760 et seq., Health and Safety Code. s 63000.87. Source Water Protection (SWP) Loan. "Source Water Protection (SWP) loan" means a loan to cover the cost of a Source Water Protection Project. Note: Authority cited: Section 116762.60 , Health and Safety Code. Reference: Section 116760 et seq., Health and Safety Code. s 63000.88. SWP Loan Applicant. "SWP loan applicant" means a public water system that is applying for a SWP loan from the State Revolving Fund. Note: Authority cited: Section 116762.60, Health and Safety Code. Reference: Section 116760 et seq., Health and Safety Code. s 63000.89. State Revolving Fund. "State Revolving Fund" means the Safe Drinking Water State Revolving Fund created pursuant to section 116760.30 of the Health and Safety Code. Note: Authority cited: Section 116760.43, Health and Safety Code. Reference: Section 116760.30, Health and Safety Code. s 63000.90. Target Consumer Rate. "Target Consumer Rate" means an amount equal to 1 1/2 percent of the median household income for water systems where the median household income is equal to or less than the statewide median household income or 2 percent of the median household income for water systems where the median household income is greater than the statewide median household income. Note: Authority cited: Section 116760.43, Health and Safety Code. Reference: Section 116760.70, Health and Safety Code. s 63000.92. USEPA. "USEPA" means the United States Environmental Protection Agency. Note: Authority cited: Section 116760.43, Health and Safety Code. Reference: Section 116760 et seq., Health and Safety Code. s 63000.95. USEPA Program Guidelines. "USEPA Program Guidelines" means the Drinking Water State Revolving Fund Program Guidelines (EPA 816-R-97-005, February 28, 1997) adopted by the USEPA. Note: Authority cited: Section 116760.43, Health and Safety Code. Reference: Section 116760 et seq., Health and Safety Code. s 63010. Project Eligibility. (a) In order to be eligible for funding, an applicant shall have the authority to enter into a funding agreement with the State. (b) In order to be eligible for funding that is not a SWP loan, an applicant shall be either a community water system or a non-profit non-community water system. (1) Only those project costs that are directly associated with the planning, design, and construction of a project shall be eligible for funding. (2) The following project costs, that would otherwise be eligible pursuant to paragraph (1), shall be ineligible for funding: (A) Land acquisition except for land or land access that is integral to the construction of source, treatment or distribution facilities. (B) Ongoing operation and maintenance costs. (C) Any project facilities that are primarily to serve future growth. (D) Dams or rehabilitation of dams and any raw water storage facilities. (E) Water rights except water rights acquired through consolidation with another water system. (F) Laboratories except those necessary for operation of a treatment facility. (c) In order to be eligible for a SWP loan, an applicant shall be a community water system except that both a community and non-profit non-community water system shall be eligible for a SWP loan for land or easement acquisition. (1) SWP project costs that shall be eligible for a SWP loan include only those associated with source water protection measures such as destruction of abandoned wells, hazardous waste collection programs, upgrade or abatement of septic systems, public education, water quality monitoring at critical points in protection areas, fencing out cattle and other animals from intakes, tributaries or reservoir boundaries, restricting public access to critical areas in protection areas, evaluations of agricultural practices and education on best management practices, installation of signs at boundaries of zones or protection areas, and structures to divert contaminated runoff from the source. (2) SWP project costs shall be ineligible for SWP funding if the project is eligible for funding through the following: (A) The federal Comprehensive Environmental Response Compensation and Liability Act of 1980 (Superfund) as amended by the Superfund Amendments and Reauthorization Act of 1986; or (B) Programs established under the Hazardous Substance Account Act (Health and Safety Code, Chapter 6.8, Section 25300 et seq); or (C) The Underground Storage Tank Cleanup Fund created pursuant to Health and Safety Code section 25299.50. (d) Costs arising from construction change orders that occur after funding agreement execution shall be ineligible for funding except for the following: (1) A change in the executed funding agreement amount based on the final accepted construction bid as provided in section 63051 (b). (2) Change orders that are a result of changes in drinking water standards. (3) Change orders requested by the Department. Note: Authority cited: Sections 116760.43, 116760.50 and 116762.60, Health and Safety Code. Reference: Sections 116760.10(l), 116760.40(f), 116760.50 and 116761, Health and Safety Code. s 63011. Planning Loans. (a) Planning funds shall be used only for loans to finance planning, studies, and preliminary engineering costs for an eligible project. Planning funds shall not be used for detailed design, equipment purchase, or construction. (b) Planning loans shall be limited to a maximum amount of $100,000 per project. (c) Projects funded by planning loans shall be completed and a planning report submitted to the Department within 18 months from funding agreement execution. Note: Authority cited: Section 116760.43, Health and Safety Code. Reference: Sections 116760.80(b) and 116761.50(b)(3), Health and Safety Code. s 63012. Construction Funding. (a) Construction funding shall be limited to a maximum amount of $20,000,000 per project. (b) A public water system shall not be awarded more than an aggregate amount of $30,000,000 in construction funding and refinancing loans from a federal funding allocation. (c) The funding limitations established by this section shall not apply during the month preceding the federal deadline for obligation of funds to applicants from a federal funding allocation. Note: Authority cited: Section 116760.43, Health and Safety Code. Reference: Sections 116760.10(l), 116760.42(b) and 116761, Health and Safety Code. s 63013. Refinancing Loans. (a) Refinancing loan funds shall be used only to refinance the remaining balance of an existing indebtedness incurred by the construction of an eligible project ranked in a category A through G on the Project Priority List. (b) An applicant for a refinancing loan shall be a public agency. (c) Refinancing loans shall be limited to a maximum amount of $20,000,000 per project and an aggregate total of $30,000,000 per water system from a federal funding allocation. Note: Authority cited: Section 116760.43, Health and Safety Code. Reference: Sections 116760.20(g), 116760.42(b), 116760.50 and 116761, Health and Safety Code. s 63014. Local Match Projects. (a) Local match projects shall be considered to be the same as construction projects and shall be subject to the same conditions and limitations. (b) An applicant for a local match project shall be a community water system owned by a public agency. (c) Only projects that exceed $5,000,000 in eligible project costs shall be eligible for local matching. Note: Authority cited: Section 116760.43, Health and Safety Code. Reference: Sections 116760.40(i) and 116760.50, Health and Safety Code. s 63015. SWP Loans. (a) SWP loan funds shall be used only for planning, preliminary engineering, detailed design, construction, education, land acquisition, conservation easements, equipment purchase, and implementing the elements of a source water protection program. (b) SWP loans shall be limited to a maximum amount of $2,000,000 per project per year. (c) A SWP loan applicant shall not be awarded more than an aggregate amount of $3,000,000 in SWP loans in any fiscal year. (d) A planning project funded by a SWP loan shall be completed and a planning report submitted to the Department within 18 months from funding agreement execution. Note: Authority cited: Section 116760.50 and 116762.60, Health and Safety Code. Reference: Sections 116760.80(b) and 116761, Health and Safety Code. s 63020. Grant Eligibility. Funding in the form of a grant shall be made only to a public water system owned by a public agency and whose service area is a disadvantaged community. In the case of a consolidation project, the service area that would be assimilated (cease to exist as a separate public water system) as a result of the consolidation shall be used to determine grant eligibility. Note: Authority cited: Section 116760.43, Health and Safety Code. Reference: Sections 116760.10(g), 116760.20(h) and 116761.23(b), Health and Safety Code. s 63021. Grant Limitations. (a) The maximum amount of grant funding to be awarded to a project shall be limited to the following percentages according to the classification of the project using the Project Priority List adopted September 15, 1998, pursuant to Health and Safety Code section 116760.70: (1) 80% of the eligible project cost if the project is in Project Priority List categories A through G; (2) 65% of the eligible project cost if the project is in Project Priority List categories H through L; or (3) 50% of the eligible project cost if the project is in Project Priority List categories M through O. (b) Grant funds awarded to a disadvantaged community project shall not exceed $10,000 per service connection. (c) The maximum amount of grant funding that one water system may receive from a federal funding allocation shall not exceed $1,000,000. (d) The total amount of grant funding awarded to a disadvantaged community for a project shall be limited to the amount of funding needed so that the projected average residential water rate, which would result from a loan from the State Revolving Fund, will not exceed the target consumer rate. (e) For consolidation projects, the limitations and maximum grant calculations set forth in this section shall be applied to each applicant's eligible share of the total project cost of the consolidation project, and the grant eligibility for the entire consolidation project shall be the total of the eligibilities for the individual applicants. Note: Authority cited: Section 116760.43, Health and Safety Code. Reference: Sections 116760.10(g) and (l), 116760.40, 116760.42(b) and 116760.70, Health and Safety Code. s 63025. Funding Application. (a) All funding applications shall be submitted by public water systems only after a water system has received a written invitation from the Department to do so. (b) Upon receipt of a written invitation from the Department to submit a funding application, an applicant shall indicate their intention to submit the application within the deadline set forth in the letter by signing a statement of intent. The statement of intent shall be received by the Department prior to close of business on the day indicated in the invitation. (c) In order to be assured of receiving funding consideration from a specific federal funding allocation, a completed funding application shall be submitted to the Department by close of business on the date set forth in the letter of invitation. (d) A funding application shall not be accepted for processing unless the funding application form is completed and the additional information specified below is submitted: (1) For SWP loan applications, the information in Sections 63026(d), 63026(e), 63027, and 63028(a). (2) For all other funding applications, the information in Sections 63026, 63027, and 63028. Note: Authority cited: Section 116760.43, Health and Safety Code. Reference: Section 116760.79, Health and Safety Code. s 63026. Technical Information. (a) Each funding application for construction funding or a refinancing loan shall contain the following information: (1) A map showing the current service area of the water system. (2) A map or drawing showing the location of all existing water sources, pumping facilities, treatment facilities, storage tanks or reservoirs, water transmission mains, and water main pressure zones. (3) A schedule for full compliance with CEQA and NEPA. (b) Each applicant for construction funding shall prepare and submit with the funding application, an engineering report addressing all of the following elements: (1) An identification and evaluation of alternative solutions to the problem. The evaluation shall compare estimated project costs, relative effectiveness in solving the problem, and environmental impacts of each alternative. (2) An evaluation, including costs and feasibility, of possible physical consolidation with other water systems. (3) A description of the selected or proposed alternative. (4) A conceptual or preliminary engineering design, including the design capacity of project components, and a schematic layout of the proposed project. All assumptions, criteria, and calculations used for the preliminary design shall be shown. (5) An analysis and estimation of the anticipated useful life of components of the proposed project. (6) A preliminary analysis of projected growth anticipated to occur within the service area within the next ten years, the resultant projected water demand, and the amount of growth or water demand to be included in the project. (7) A proposed design and construction schedule. (8) A cost estimate breakdown of the proposed project. (9) In the case of a consolidation project, each funding application also shall include identification of the single public water system that would result from completion of the consolidation project. (c) Each funding application for a refinancing loan shall include all of the following: (1) A description and estimated costs of all alternative solutions to the problem that were considered prior to construction of the selected project. (2) A layout or schematic drawing showing the location and relationship of all project facilities including the newly constructed portions. (3) A description of the facilities that were constructed and for which refinancing is being requested including an estimate of their useful life. (4) The design capacities of project components and the design parameters and engineering calculations used in the sizing and design of the project components. (5) An analysis and estimation of the water demand within the service area at the time of start of construction of the project and a projection of anticipated growth and water demand for a ten-year period commencing from the time of start of construction. (6) A cost breakdown of the constructed project. (7) As-built plans for all of the construction facilities that are to be covered by the refinancing loan. (8) The final plans and specifications used to solicit and select the construction bid. (9) Information that demonstrates that the applicant has complied with all applicable federal cross-cutters. (d) Each SWP loan applicant shall submit the following: (1) A completed source water assessment for each drinking water source addressed by the proposed project. (2) A list of the types of contaminants that the proposed project is intended to address and the associated PCAs. (3) A description of the dimensions and location of the area or zone in which the associated PCAs are located. (4) A map showing water system facilities, intake or well location, and source protection areas and/or zones. (5) A description of the local community taskforce addressing source water protection (if one exists). The description shall include a list of the participants and their affiliations, and the methods used to establish the membership in the taskforce. (6) A schedule for full compliance with CEQA and NEPA. (e) Each SWP loan applicant shall prepare and submit an engineering report with the loan application that addresses all of the following: (1) Descriptions and estimated costs of all alternative solutions to the problem that were considered prior to selection of the proposed project. (2) A description of the proposed project. (3) A conceptual or preliminary engineering design and schematic layout of the proposed project, if applicable. All assumptions, criteria, and calculations used shall be shown. (4) An analysis and estimation of the anticipated useful life of the components of the proposed project, if applicable. (5) A proposed schedule for carrying out the project. (6) A cost estimate breakdown of the proposed project. Note: Authority cited: Section 116760.43 and 116762.60, Health and Safety Code. Reference: Sections 116760.40, 116760.79 and 116760.90, Health and Safety Code. s 63027. Managerial Information. Each funding application shall contain the following: (a) Copies of any leases, easements, or other documentation for land, water sources, treatment, pumping, storage, or distribution facilities used in the operation of the water system that are not owned by the water system. (b) A written statement certifying that the applicant, or in the case of a consolidation project, the restructured water system, is a legal entity and that it has the authority to enter into a long-term indebtedness with the State of California. (c) A description of the water rights held by the water system and any available documentation to substantiate those rights. Note: Authority cited: Section 116760.43, Health and Safety Code. Reference: Sections 116760.50, 116760.79 and 116760.90, Health and Safety Code. s 63028. Financial Information. (a) Each funding application shall contain the following: (1) A projected revenue/expenditure analysis that compares all anticipated water system revenues and planned expenditures for the next five years. (2) An analysis and calculation of the average current water rate charged to residential users and the projected average water rate that will be charged to residential users following completion of the eligible project. This analysis is not required for non-community water systems. (3) Financial statements (balance and income) of the water system covering the past three years. (4) A description of the accounting and budget control procedures used and any proposed changes to the procedures. (b) In addition to the requirements of subsection (a), applicants for a refinancing loan shall also include a certification that proceeds of the previous debt were used to pay for eligible project costs. If ineligible items were funded, a list of those items and their costs shall be included. (c) In addition to the requirements of subsection (a), applicants that propose to use local matching funds pursuant to section 63014 shall include a resolution adopted by the governing body. The resolution shall identify the source of the local matching funds and pledge those funds for deposit into the State Revolving Fund. Note: Authority cited: Section 116760.43, Health and Safety Code. Reference: Sections 116760.40(i), 116760.79, 116760.90 and 116761.50(d), Health and Safety Code. s 63029. Notice of Acceptance of Application. (a) Within 60 days of receipt of a Notice of Acceptance of Application from the Department of Water Resources, the applicant shall indicate its acceptance of the terms and conditions of the funding offer by countersigning the letter and returning it to the Department of Water Resources. (b) If the proposed project is a consolidation project for which the restructured water system is not one of the applicants, within 60 days of receipt of a Notice of Acceptance of Application from the Department of Water Resources, the applicant(s) and the restructured water system shall indicate their acceptance of the terms and conditions of the funding offer by countersigning the letter and returning it to the Department of Water Resources. Note: Authority cited: Section 116760.43, Health and Safety Code. Reference: Sections 116760.40 and 116760.50, Health and Safety Code. s 63030. Project By-Passing. (a) A project on the Project Priority List shall be by-passed for funding consideration for the current fiscal year if any of the following apply: (1) The water system indicated that it did not desire to receive funding for a particular project in the current fiscal year. (2) A water system fails to sign a statement of intent to submit an application and return it to the Department by the date identified in the letter as specified in Section 63025(b). (3) A water system, receiving an invitation from the Department to submit a funding application, informs the Department that it does not wish to submit an application at this time. (4) A funding application is rejected by the Department for failure on the part of the applicant to comply with the requirements of this chapter. (5) An applicant fails to sign and return the Notice of Acceptance of Application within 60 days of receipt of the Notice of Acceptance of Application. (6) The Department of Water Resources or the Department of Health Services withdraws a previously issued Notice of Acceptance of Application for failure on the part of the applicant to comply with the terms and conditions as stated in the Notice of Acceptance of Application. (7) The applicant has reached the $3,000,000 loan maximum set forth in subsection 63015(c) for a SWP loan, or the $30,000,000 funding maximum set forth in subsection 63012(b) for a construction funding or refinancing loan. (b) Any project that is by-passed for any reason shall remain on the Project Priority List and be eligible for future funding consideration. Note: Authority cited: Section 116760.43, Health and Safety Code. Reference: Sections 116760.42(b), 116760.70(e) and 116761.50(b)(3), Health and Safety Code. s 63040. Technical and Financial Information. (a) All applicants for construction funding, SWP loans, or refinancing loans shall comply with all applicable environmental review and procedural requirements of CEQA and NEPA prior to execution of the funding agreement. (b) Prior to execution of a funding agreement that includes a loan, each funding recipient shall submit the following: (1) A resolution or ordinance adopted by the governing body dedicating the source of repayment of the loan. (2) A completed and signed Fiscal Services Agreement [DWR-4280 (New 2/99) which is incorporated by reference]. Note: Authority cited: Section 116760.43, Health and Safety Code. Reference: Sections 116760.10(l), 116760.79 and 116760.90, Health and Safety Code. s 63050. Plans and Specifications. (a) Applicants for construction funding or SWP loans involving construction shall submit final design plans and project specifications to the Department in accordance with the schedule set forth in the Notice of Acceptance of Application. (b) Each project that requests funding in excess of $500,000, and each project proposed by an applicant whose service area serves more than 1,000 service connections, shall comply with federal cross-cutters. In addition, each SWP applicant shall comply with federal cross-cutters. Note: Authority cited: Section 116760.43, Health and Safety Code. Reference: Sections 116760.10(l), 116760.90, 116761 and 116761.50(b)(3), Health and Safety Code. s 63051. Construction. (a) Construction contracts awarded by the applicant for any project involving the use of grant funds from the State Revolving Fund shall be based on competitive construction bids. (b) An applicant's request for a change in the amount of funding specified in the funding agreement shall be limited to one occasion and shall be based solely on the final accepted construction bid(s). Note: Authority cited: Section 116760.43, Health and Safety Code. Reference: Section 116761.50, Health and Safety Code. s 63055. Submission of Claims for Reimbursement. (a) No claims for reimbursement shall be submitted prior to execution of the funding agreement. Claims shall be submitted only for reimbursement of costs already incurred. (b) Claims submitted by loan recipients shall be made using a claim form [DWR - 4277 (New 2/99) which is incorporated by reference] provided by the Department of Water Resources and shall be submitted no more frequently than monthly. (c) No claims shall be submitted for costs incurred after completion of the project. (d) No claims for local match projects shall be reimbursed until the applicant's local share has been received and deposited into the State Revolving Fund account. Note: Authority cited: Section 116760.43, Health and Safety Code. Reference: Sections 116760.10(l) and 116761.50, Health and Safety Code. s 63056. Loan Repayments. (a) Loan repayments shall be made in accordance with the schedule set forth in the funding agreement. (b) A penalty of one-tenth of one percent per day (not compounded) on the payment amount due shall be assessed for late payments. Note: Authority cited: Section 116760.43, Health and Safety Code. Reference: Section116761.50, Health and Safety Code. s 63057. Records. (a) All applicant records and documents relating to funding received from the State Revolving Fund shall be maintained until such time that any State Revolving Fund loan has been fully repaid. (b) All applicant records and documents pertaining to the funding agreement shall be available for inspection and audit by the Department or the USEPA during normal business hours. (c) In the case of a consolidation project, the requirements of this section shall also be met by the restructured water system. Note: Authority cited: Section 116760.43, Health and Safety Code. Reference: Section 116760.10(l), Health and Safety Code. s 63058. Limitations on Water Systems Involved in Consolidation Projects. Upon completion of a consolidation project, all water systems involved in the consolidation, other than the restructured system, shall cease to operate as public water systems. Note: Authority cited: Section 116760.40, Health and Safety Code. Reference: 116760.10(g), 116760.20(g) and 116760.40, Health and Safety Code. s 63750.10. Accredited Academic Institution. "Accredited academic institution" means an academic institution accredited by the Western Association of Schools and Colleges or an accrediting organization recognized by the Council of Post Secondary Education. Note: Authority cited: Sections 100275 and 106910, Health and Safety Code. Reference: Section 106910, Health and Safety Code. s 63750.15. Certificate. "Certificate" means a certificate of competency issued by the Department stating that the operator has met the requirements for a specific operator classification of the certification program. Note: Authority cited: Sections 100275 and 106910, Health and Safety Code. Reference: Sections 106885 and 106910, Health and Safety Code. s 63750.20. Certified Distribution Operator. "Certified distribution operator" means a distribution operator who possesses a valid certificate issued pursuant to this chapter. Note: Authority cited: Sections 100275 and 106910, Health and Safety Code. Reference: Sections 106885 and 106910, Health and Safety Code. s 63750.25. Chief Operator. "Chief operator" means the person who has overall responsibility for the day-to-day, hands-on, operation of a water treatment facility or the person who has overall responsibility for the day-to-day, hands-on, operation of a distribution system. Note: Authority cited: Sections 100275 and 106910, Health and Safety Code. Reference: Section 106910, Health and Safety Code. s 63750.30. Comprehensive Operator Training Program. "Comprehensive Operator Training Program" means an on-the-job training program that allows an operator to gain proficiency in all systems and processes related to a water treatment facility. Note: Authority cited: Sections 100275 and 106910, Health and Safety Code. Reference: Section 106910, Health and Safety Code. s 63750.35. Contact Hour. "Contact hour" means not less than 50 minutes of specialized training or a continuing education course. Note: Authority cited: Sections 100275 and 106910, Health and Safety Code. Reference: Sections 106900 and 106910, Health and Safety Code. s 63750.40. Continuing Education Course. "Continuing education course" means a presentation that transmits information related to the operation of a treatment facility and/or distribution system. Note: Authority cited: Sections 100275 and 106910, Health and Safety Code. Reference: Sections 106900 and 106910, Health and Safety Code. s 63750.45. Distribution Operator. "Distribution operator" means any person who maintains or operates any portion of a distribution system. Note: Authority cited: Sections 100275 and 106910, Health and Safety Code. Reference: Sections 106885 and 106910, Health and Safety Code. s 63750.50. Distribution System. "Distribution system" means any combination of pipes, tanks, pumps, etc., which delivers drinking water from a source or treatment facility to the consumer and includes: (a) Disinfection facilities for which no Giardia or virus reduction is required pursuant to section 64654 (a). (b) The composite of all distribution systems of a public water system. Note: Authority cited: Sections 100275 and 106910, Health and Safety Code. Reference: Sections 106885 and 106910, Health and Safety Code. s 63750.55. GED. "GED" means a general equivalency diploma. Note: Authority cited: Sections 100275 and 106910, Health and Safety Code. Reference: Section 106910, Health and Safety Code. s 63750.60. Interim Distribution Operator Certificate. "Interim Distribution Operator Certificate" means a certificate issued by the Department pursuant to section 63810. Note: Authority cited: Sections 100275 and 106910, Health and Safety Code. Reference: Sections 106895 and 106910, Health and Safety Code. s 63750.65. Operator Experience. "Operator experience" means the daily performance of activities consisting of the control or oversight of any process or operation at a water treatment facility or in a distribution system that may affect the quality or quantity of water. Note: Authority cited: Sections 100275 and 106910, Health and Safety Code. Reference: Section 106910, Health and Safety Code. s 63750.70. Shift Operator. "Shift operator" means a person in direct charge of the operation of a water treatment facility or distribution system for a specified period of the day. Note: Authority cited: Sections 100275 and 106910, Health and Safety Code. Reference: Section 106910, Health and Safety Code. s 63750.75. Specialized Training. "Specialized training" means college level courses providing at least 36 contact hours of training each in drinking water or waste water quality, drinking water or waste water treatment, drinking water distribution, or drinking water or waste water facility operation, offered by an accredited academic institution or an organization either accredited by the International Association of Continuing Education Training (IACET) or an authorized provider of IACET, or courses completed and deemed acceptable by the Department prior to January 1, 2001 for the purpose of operator certification. Note: Authority cited: Sections 100275 and 106910, Health and Safety Code. Reference: Sections 106900 and 106910, Health and Safety Code. s 63750.85. Water Treatment Facility. "Water treatment facility" means a group or assemblage of structures, equipment, and processes that treat or condition a water supply, affecting the physical, chemical, or bacteriological quality of water distributed or otherwise offered to the public for domestic use by a public water system as defined in Health and Safety Code section 116275. Facilities consisting of only disinfection for which no Giardia or virus reduction is required pursuant to section 64654(a) and which are under the control of a certified distribution operator are not included as water treatment facilities. Note: Authority cited: Sections 100275 and 106910, Health and Safety Code. Reference: Section 106910, Health and Safety Code. s 63765. Water Treatment Facility Staff Certification Requirements. (a) Except as provided in (c), chief and shift operators shall possess valid operator certificates pursuant to Table 63765-A. Table 63765-A - Minimum Certification Requirements for Chief and Shift Operators Treatment Facility Minimum Certification Minimum Certification Classification of Chief Operator of Shift Operator T1 T1 T1 T2 T2 T1 T3 T3 T2 T4 T4 T3 T5 T5 T3 (b) Treatment operators not designated by the water supplier as chief or shift operator pursuant to section 64413.5 shall be certified but may hold certificates of any grade. (c) Until January 1, 2003, a shift and/or chief operator may continue to be employed in that capacity provided that the operator: (1) Is in compliance with the certification requirements that were in effect on December 31, 2000, and (2) Has been in continuous employment since December 31, 2000 in a water treatment facility that has not modified its treatment process resulting in a change in classification. (d) Operators who possessed treatment operator certificates valid as of December 31, 2000 shall be deemed to hold certificates pursuant to Table 63765- B. Table 63765-B - Certificate Grade Equivalents Operator Certification Operator Certification Grades December 31, 2000 Grades January 1, 2001 I T1 II T2 III T3 IV T4 V T5 Note: Authority cited: Sections 100275 and 106910, Health and Safety Code. Reference: Sections 106875, 106880, 106885 and 116555, Health and Safety Code.Authority cited: Sections 100275 and 106910, Health and Safety Code. Reference: Sections 106875, 106880, 106885 and 116555, Health and Safety Code. s 63770. Distribution System Staff Certification Requirements. (a) Chief and shift operators shall possess valid operator certificates pursuant to Table 63770-A. Table 63770-A - Minimum Certification Requirements for Chief and Shift Operators Distribution System Minimum Certification Minimum Certification Classification of Chief Operator of Shift Operator D1 D1 D1 D2 D2 D1 D3 D3 D2 D4 D4 D3 D5 D5 D3 (b) Water systems shall utilize only certified distribution operators to make decisions addressing the following operational activities: (1) Install, tap, re-line, disinfect, test and connect water mains and appurtenances. (2) Shutdown, repair, disinfect and test broken water mains. (3) Oversee the flushing, cleaning, and pigging of existing water mains. (4) Pull, reset, rehabilitate, disinfect and test domestic water wells. (5) Stand-by emergency response duties for after hours distribution system operational emergencies. (6) Drain, clean, disinfect, and maintain distribution reservoirs. (c) Water systems shall utilize either certified distribution operators or treatment operators that have been trained to make decisions addressing the following operational activities: (1) Operate pumps and related flow and pressure control and storage facilities manually or by using a system control and data acquisition (SCADA) system. (2) Maintain and/or adjust system flow and pressure requirements, control flows to meet consumer demands including fire flow demands and minimum pressure requirements. (d) Water systems shall utilize either certified distribution operators or treatment operators to make decisions addressing the following operational activities: (1) Determine and control proper chemical dosage rates for wellhead disinfection and distribution residual maintenance. (2) Investigate water quality problems in the distribution system. Note: Authority cited: Sections 100275 and 106910, Health and Safety Code. Reference: Sections 106875, 106880, 106885 and 116555, Health and Safety Code.Authority cited: Sections 100275 and 106910, Health and Safety Code. Reference: Sections 106875, 106880, 106885 and 116555, Health and Safety Code. s 63775. Eligibility Criteria for Taking a Water Treatment Operator Examination. (a) An applicant who has had a certificate revoked, and not reinstated, for any reason other than failure to meet renewal requirements pursuant to section 63840 shall not be eligible for water treatment operator examination at any grade level. (b) In order to be eligible for taking the T1 operator exam, an applicant shall have a high school diploma or GED. The following experience and/or training may be substituted for a high school diploma or GED: (1) Successful completion of the "Basic Small Water System Operations" course provided by the Department, or (2) One year as an operator of a facility that required an understanding of chemical feeds, hydraulic systems, and pumps. (c) In order to be eligible for taking the T2 operator exam, an applicant shall have: (1) A high school diploma or GED. The following experience and/or training may be substituted for a high school diploma or GED: (A) Successful completion of the "Basic Small Water System Operations" course provided by the Department, or (B) One year as an operator of a facility that required an understanding of chemical feeds, hydraulic systems, and pumps. (2) Successfully completed at least one course of specialized training covering the fundamentals of drinking water treatment. (d) In order to be eligible for taking the T3 operator exam, an applicant shall have: (1) A high school diploma or GED. (2) Successfully completed a total of at least two courses of specialized training that includes at least one course covering the fundamentals of drinking water treatment. (e) In order to be eligible for taking the T4 operator exam, an applicant shall have: (1) A valid Grade T3 operator certificate. (2) Successfully completed at least three courses of specialized training that includes at least two courses in drinking water treatment. (f) In order to be eligible for taking the T5 operator exam, an applicant shall have: (1) A valid Grade T4 operator certificate. (2) Successfully completed at least four courses of specialized training that includes at least two courses in drinking water treatment. (g) Specialized training courses used to fulfill the requirements of this section may also be used to fulfill the requirements of section 63780. Note: Authority cited: Sections 100275 and 106910, Health and Safety Code. Reference: Sections 106875, 106900, 106910 and 116555, Health and Safety Code. s 63780. Eligibility Criteria for Taking a Distribution Operator Examination. (a) An applicant who has had a certificate revoked, and not reinstated, for any reason other than failure to meet renewal requirements pursuant to section 63840 shall not be eligible for distribution operator examination at any grade level. (b) In order to be eligible for taking the D1 operator exam, an applicant shall have a high school diploma or GED. The following experience and/or training may be substituted for a high school diploma or GED: (1) Successful completion of the "Basic Small Water System Operations" course provided by the Department, or (2) One year as an operator of a facility that required an understanding of a piping system that included pumps, valves, and storage tanks. (c) In order to be eligible for taking the D2 operator exam, an applicant shall have: (1) A high school diploma or GED. The following experience and/or training may be substituted for a high school diploma or GED: (A) Successful completion of the "Basic Small Water System Operations" course provided by the Department, or (B) One year as an operator of a facility that required an understanding of a piping system that included pumps, valves, and storage tanks. (2) Successfully completed a total of at least one course of specialized training in water supply principles. (d) In order to be eligible for taking the D3 operator exam, an applicant shall have: (1) A valid Grade D2 or interim Grade D3 or higher operator certificate. (2) Successfully completed a total of at least two courses of specialized training that includes at least one course in water supply principles. (e) In order to be eligible for taking the D4 operator exam, an applicant shall have: (1) A valid Grade D3 or interim Grade D4 or higher operator certificate. (2) Successfully completed at least three courses of specialized training that includes at least two courses in water supply principles. (f) In order to be eligible for taking the D5 operator exam, an applicant shall have: (1) A valid Grade D4 or interim Grade D5 operator certificate. (2) Successfully completed at least four courses of specialized training that includes at least two courses in water supply principles. (g) Specialized training courses used to fulfill the requirements of this section may also be used to fulfill the requirements of section 63775. Note: Authority cited: Sections 100275 and 106910, Health and Safety Code. Reference: Sections 106875, 106900, 106910 and 116555, Health and Safety Code. s 63785. Examination Application Content and Submittal. (a) A complete application for examination shall include the following information: (1) The applicant's full name, social security number (pursuant to the authority found in sections 100275 and 106910 of the Health and Safety Code and as required by section 17520 of the Family Code, providing the social security number is mandatory. The social security number will be used for purposes of identification), date of birth, certificate number of any operator certificates ever held, mailing address, work telephone number, and home telephone number. (2) The date of the examination for which the applicant is applying. (3) The examination fee, pursuant to section 63850. (4) For T1, T2, D1, and D2 applicants one of the following: (A) A copy of the applicant's high school diploma or the name and location of the high school and date of graduation; or (B) A copy of the applicant's GED; or (C) A certificate of completion for the "Basic Small Water System Operations" course provided by the Department; or (D) The name, address, and phone number of each employer, the length of time employed, and the nature of the work performed that satisfies the requirements of section 63775(b)(2) or (c)(1)(B) or 63780(b)(2) or (c)(1)(B). (5) For T3 and D3 applicants, a copy of the applicant's high school diploma, or the name and location of the high school and date of graduation, or a copy of the applicant's GED. (6) Copies of transcripts or certificates of completion of specialized training courses, as provided by the educational institution, claimed to meet the requirements of section 63775 or 63780. Note: Authority cited: Sections 100275 and 106910, Health and Safety Code; and Section 17520, Family Code. Reference: Section 1798.17, Civil Code; and Sections 106875, 106880, 106890, 106900 and 106910, Health and Safety Code. s 63790. Examination Scheduling and Application Processing. (a) For admission to an examination, the completed application shall be postmarked by the final filing date established by the Department. (b) Each applicant for examination shall be notified of the Department's decision regarding compliance with the minimum requirements to take the examination set forth in section 63775 or section 63780 within 75 days after the receipt of a complete application. If the Department determines that the application does not meet the requirements, the notice shall include the reasons for the disqualification. If the Department determines that the application does meet the requirements the notice shall include the date of the examination for which they have been accepted. (c) Examinees shall present their driver's license, photo identification (ID) card issued by the Department of Motor Vehicles, or passport upon entry to the exam. Note: Authority cited: Sections 100275 and 106910, Health and Safety Code. Reference: Sections 106875, 106880 and 106910, Health and Safety Code. s 63795. Examination Application Resubmittals and Reexaminations. (a) Applications for examination that the Department determines are incomplete pursuant to section 63785 or do not meet the qualification requirements pursuant to section 63775 or 63780 may be amended within 12 months of the original submittal date for reconsideration without payment of an additional examination fee. (b) Examinees may apply to retake the exam provided they submit an application that includes the following: (1) Applicant name, social security number (pursuant to the authority found in sections 100275 and 106910 of the Health and Safety Code and as required by section 17520 of the Family Code, providing the social security number is mandatory. The social security number will be used for purposes of identification), current mailing address, grade for which applying, certificate number if currently certified, date of original application, and date of most recent exam taken. (2) Payment of the reexamination fee pursuant to section 63850. Note: Authority cited: Sections 100275 and 106910, Health and Safety Code; and Section 17520, Family Code. Reference: Section 1798.17, Civil Code; and Sections 106875, 106880, 106890, 106900 and 106910, Health and Safety Code. s 63800. Eligibility Criteria for Water Treatment Operator Certification. (a) In order to be eligible for certification as a T1 operator, an applicant shall have passed a Grade T1 operator examination within the three years prior to submitting the application for certification. (b) In order to be eligible for certification as a T2 operator, an applicant shall have passed a Grade T2 or T3 operator certificate examination within the three years prior to submitting the application for certification. (c) In order to be eligible for certification as a T3 operator, an applicant shall have passed a Grade T3 operator examination within the three years prior to submitting the application for certification, and shall have completed the following: (1) At least one year of operator experience working as a certified T2 operator for a T2 facility or higher, or a facility that, prior to January 1, 2001, would have met the criteria for classification as a T2 facility or higher pursuant to section 64413.1. (2) At least one additional year of operator experience working as a certified treatment operator. (d) In order to be eligible for certification as a T4 operator, an applicant shall have passed a Grade T4 operator examination within the three years prior to submitting the application for certification, and shall have completed the following: (1) At least one year of operator experience working as a shift or chief operator, while holding a valid T3 operator certificate, at a T3 facility or higher, or a facility that, prior to January 1, 2001, would have met the criteria for classification as a T3 facility or higher pursuant to section 64413.1, and (2) At least three additional years of operator experience working as a certified treatment operator. (e) In order to be eligible for certification as a T5 operator, an applicant shall have passed a Grade T5 operator examination within the three years prior to submitting the application for certification, and shall have completed the following: (1) At least two years of operator experience working as a shift or chief operator, while holding a valid T4 operator certificate, at a T4 facility or higher, or a facility that, prior to January 1, 2001, would have met the criteria for classification as a T4 facility or higher pursuant to section 64413.1, and (2) At least three additional years of operator experience working as a certified treatment operator. (f) A degree earned at an accredited academic institution may be used to fulfill experience requirements in (c)(2), (d)(2), and (e)(2) as follows: (1) An Associate degree or certificate in water or wastewater technology that includes at least 15 units of physical, chemical, or biological science may be used to fulfill 1 year of operator experience. (2) A Bachelors degree in engineering or in physical, chemical, or biological sciences may be used to fulfill 1.5 years of operator experience. (3) A Masters degree in engineering or in physical, chemical, or biological sciences may be used to fulfill 2 years of operator experience. (g) A certified operator may substitute on a day-for-day basis the experience requirements in (c)(2) with experience gained while working with lead responsibility for water quality related projects or research. (h) If the applicant has a bachelor of science or a master of science degree, completion of a comprehensive operator training program may be used to fulfill the operator experience requirements in (c)(1) and (d)(1). Completion of the training shall be verified in writing by the chief operator. The comprehensive operator training program shall be at least 6 months in duration and shall cover the following elements: (1) California Safe Drinking Water Act and regulations promulgated pursuant thereto. (2) Water treatment calculations. (3) SCADA operation. (4) Handling of laboratory chemicals used for drinking water analyses. (5) Laboratory analyses conducted by operators. (6) Safety training. (7) Distribution system operation. (8) Treatment chemical dosing and monitoring. (9) Disinfectant dosing and monitoring. (10) Treatment processes and controls. (i) Experience gained as a certified waste water treatment plant operator, pursuant to California Water Code sections 13625 through 13633, may be used to fulfill up to two years of the operator experience requirements in (c)(2), (d)(2), and (e)(2). Each two months of experience as a waste water treatment plant operator shall be considered equivalent to one month of water treatment facility operator experience. Note: Authority cited: Sections 100275 and 106910, Health and Safety Code. Reference: Sections 106875, 106900, 106910 and 116555, Health and Safety Code. s 63805. Eligibility Criteria for Distribution Operator Certification. (a) In order to be eligible for certification as a D1 operator, an applicant shall have passed a Grade D1 operator examination within the three years prior to submitting the application for certification. (b) In order to be eligible for certification as a D2 operator, an applicant shall have passed a Grade D2 operator examination within the three years prior to submitting the application for certification. (c) In order to be eligible for certification as a D3 operator, an applicant shall have passed a Grade D3 operator examination within the three years prior to submitting the application for certification, and shall have completed the following: (1) At least one year of operator experience working as a certified D2 operator, interim D3 or higher operator, or temporary D3 operator for a D2 system or higher, or a system that, prior to January 1, 2001, would have met the criteria for classification as a D2 system or higher pursuant to section 64413.3. (2) At least one additional year of operator experience working as a distribution operator. (d) In order to be eligible for certification as a D4 operator, an applicant shall have passed a Grade D4 operator examination within the three years prior to submitting the application for certification, and shall have completed the following: (1) At least one year of operator experience working as a certified D3, interim D4 or higher operator, or temporary D4 operator for a D3 system or higher, or a system that, prior to January 1, 2001, would have met the criteria for classification as a D3 facility or higher pursuant to section 64413.3, and (2) At least three additional years of operator experience working as a distribution operator. (e) In order to be eligible for certification as a D5 operator, an applicant shall have passed a Grade D5 operator examination within the three years prior to submitting the application for certification, and shall have completed the following: (1) At least two years of operator experience working as a certified D4, interim D5 operator, or temporary D5 operator for a D4 or D5 system, or a system that, prior to January 1, 2001, would have met the criteria for classification as a D4 or D5 system pursuant to section 64413.3, and (2) At least three additional years of operator experience working as a distribution operator. (f) A degree earned at an accredited academic institution may be used to fulfill experience requirements in (c)(2), (d)(2), and (e)(2) as follows: (1) An Associate degree, or certificate, in water or wastewater technology or distribution that includes at least 15 units of physical, chemical, or biological science may be used to fulfill 1 year of operator experience. (2) A Bachelors degree in engineering or in physical, chemical, or biological sciences may be used to fulfill 1.5 years of operator experience. (3) A Masters degree in engineering or in physical, chemical, or biological sciences may be used to fulfill 2 years of operator experience. (g) A certified operator may substitute on a day-for-day basis the experience requirements in (c)(2) with experience gained while working with lead responsibility for water quality or quantity related projects or research. Note: Authority cited: Sections 100275 and 106910, Health and Safety Code. Reference: Sections 106875, 106900, 106910 and 116555, Health and Safety Code. s 63810. Interim Certification of Distribution Operators. (a) A distribution operator in a position responsible for making decisions identified in section 63770(b), (c), or (d) on December 31, 2000, shall be eligible for interim certification provided that the employing water supplier, as defined in section 64402.20, submits an application which shall include for each employee: (1) The employee's full name, social security number (pursuant to the authority found in sections 100275 and 106910 of the Health and Safety Code and as required by section 17520 of the Family Code, providing the social security number is mandatory. The social security number will be used for purposes of identification), date of birth, certificate number of any operator certificates ever held, mailing address, work telephone number, and home telephone number. (2) The grade at which the operator will be certified. (3) The certification fee specified in Table 63850-C. (b) Interim distribution operator certificates shall be effective as of January 1, 2001, and shall expire on January 1, 2004. Such certificates may be renewed only once for an additional 3 years and only if the water system has not received any notice of violation, citation, or order from the Department or EPA since January 1, 2001, unless the public water system can demonstrate to the satisfaction of the Department that the violation was not the result of actions taken or not taken by the operator(s). After January 1, 2007, all interim operator certificates shall be invalid. (c) In order to renew an interim certificate, a water supplier shall submit a renewal application between July 1, 2003 and September 1, 2003. The renewal application shall include the following: (1) The operator's name, social security number (pursuant to the authority found in sections 100275 and 106910 of the Health and Safety Code and as required by section 17520 of the Family Code, providing the social security number is mandatory. The social security number will be used for purposes of identification), current mailing address, certificate grade, and certificate number. (2) Payment of the renewal fee specified in section 63850(e). (3) Documentation of continuing education contact hours as required by section 63840. Note: Authority cited: Sections 100275 and 106910, Health and Safety Code; and Section 17520, Family Code. Reference: Section 1798.17, Civil Code; and Sections 106885, 106895, 106900, 106910 and 116555, Health and Safety Code. s 63815. CNAWWA Distribution Operator Certification. (a) Distribution operators holding a valid California-Nevada Section of the American Water Works Association (CNAWWA) distribution operator certificate on December 31, 2000, shall be deemed to have a distribution operator certification valid through December 31, 2001, pursuant to Table 63815-A. Table 63815-A. CNAWWA - California State Operator Grade Equivalents CNAWWA Grade California State Grade 1 D2 2 D3 3 D4 4 D5 (b) In order to renew a certification deemed valid pursuant to subsection (a), an operator shall submit a renewal application by September 1, 2001. (c) The renewal application shall include the following: (1) The applicant's name, social security number (pursuant to the authority found in sections 100275 and 106910 of the Health and Safety Code and as required by section 17520 of the Family Code, providing the social security number is mandatory. The social security number will be used for purposes of identification), date of birth, current mailing address, work telephone number, home telephone number, certificate number of any operator certificates ever held, CNAWWA grade, and a copy of the CNAWWA certificate. (2) Payment of the appropriate renewal fee specified in section 63850(f). (d) The initial renewal of a certificate deemed valid pursuant to subsection (a) shall be valid for a two-year period. Note: Authority cited: Sections 100275 and 106910, Health and Safety Code; and Section 17520, Family Code. Reference: Section 1798.17, Civil Code; and Sections 106885, 106890, 106896 106900 and 106910, Health and Safety Code.Authority cited: Sections 100275 and 106910, Health and Safety Code; and Section 17520, Family Code. Reference: Section 1798.17, Civil Code; and Sections 106885, 106890, 106896 106900 and 106910, Health and Safety Code. s 63820. Temporary Distribution Operator Certification. (a) Distribution operators who have received notice of qualification for examination shall be deemed to have a temporary distribution operator certification at the grade for which they have been qualified for examination. All temporary certifications will expire January 1, 2004 and shall not be renewable. Note: Authority cited: Sections 100275 and 106910, Health and Safety Code. Reference: Sections 106885 and 106910, Health and Safety Code. s 63825. Restricted Operator Certification. (a) A T1, T2, D1, or D2 restricted operator certificate may be issued without a written examination if the following conditions are met: (1) The water supplier, as defined in section 64402.20, serves a disadvantaged community as defined in section 63000.25; and (2) The Department has issued a citation or order to the water supplier for noncompliance with section 64413.5 or 64413.7, or Health and Safety Code section 116555(a)(4), (5), or (b); and (3) The water supplier submits an application pursuant to section 63830 and pays the application and examination fee specified in section 63850; and (4) The operator meets the criteria for taking the T1, T2, D1, or D2 exam and passes a performance test administered by the Department that measures his or her knowledge and ability to operate the specific treatment facility and/or distribution system without jeopardizing public health or safety. (b) The restricted operator certificate shall be valid for three years. The certificate may be renewed if the water supplier continues to serve a disadvantaged community and submits an application pursuant to section 63840 and the operator has met the continuing education requirements as specified in subsection 63840(c). (c) The restricted operator certificate is not transferable. Note: Authority cited: Sections 100275 and 106910, Health and Safety Code. Reference: Sections 106875, 106880, 106885, 106890, 106910 and 116555, Health and Safety Code. s 63830. Certification Application Content and Submittal. (a) A complete application for operator certification shall contain the following: (1) The applicant's full name, social security number (pursuant to the authority found in sections 100275 and 106910 of the Health and Safety Code and as required by section 17520 of the Family Code, providing the social security number is mandatory. The social security number will be used for purposes of identification), date of birth, certificate number of any operator certificates ever held, mailing address, work telephone number, and home telephone number. (2) Payment of certification fee pursuant to section 63850. (3) For any experience being claimed to meet the experience requirements in sections 63800 or 63805, the name, address, and phone number of each employer, the length of time employed, and the nature of the work performed. (4) Employer verification of the experience being claimed in paragraph (3) with the signature of the chief operator or supervisor of each employer. (5) Copies of college transcripts if claiming any of the credits pursuant to sections 63800(f), 63800(h) and 63805(f). (6) Copies of transcripts or certificates of completion of specialized training courses claimed to meet minimum requirements. Note: Authority cited: Sections 100275 and 106910, Health and Safety Code; and Section 17520, Family Code. Reference: Section 1798.17, Civil Code; and Sections 106875, 106885, 106890, 106900, 106910 and 116555, Health and Safety Code. s 63835. Certification and Renewal Application Processing. (a) Each applicant submitting an application or reapplication for certification or renewal shall be notified of the Department's decision regarding compliance with the requirements set forth in Sections 63800, 63805, 63830, or 63840 within 75 days after the receipt of the application or reapplication. If the Department determines that the application or reapplication does not meet the requirements, the applicant shall be notified of the reasons for the disqualification. (b) Applications for certification that the Department determines do not meet the requirements may reapply within 12 months of the original submittal date without payment of an additional certification or renewal fee. (c) The Department's median, minimum, and maximum processing times for applications for operator certification are as follows: Median - 25 calendar days Minimum - 5 calendar days Maximum - 60 calendar days Note: Authority cited: Sections 100275 and 106910, Health and Safety Code. Reference: Section 15376, Government Code; and Sections 106875, 106880 and 106910, Health and Safety Code. s 63840. Certification Renewals. (a) All certified operators shall notify the Department within 60 days of any change in address or name during the period of their certification. (b) Any person wishing to maintain a valid operator certificate shall submit an application for renewal at least 120 days, but no more than 180 days, prior to expiration of the certification. The following items constitute a complete application for renewal: (1) The applicant's name, social security number (pursuant to the authority found in sections 100275 and 106910 of the Health and Safety Code and as required by section 17520 of the Family Code, providing the social security number is mandatory. The social security number will be used for purposes of identification), current mailing address, grade, and certificate number. (2) Payment of the renewal fee specified in Section 63850(c), (d), (e), or (f). (3) A list of successfully completed continuing education courses as required by subsection (c). The following information shall be provided for each course: (A) Title, (B) name of the instructor, (C) location, (D) date(s), and (E) number of contact hours. (c) To be eligible for certificate renewal, certified operators possessing certificates that expire after December 31, 2003, shall have completed continuing education contact hours since the previous renewal or issuance of the certificate pursuant to Table 63840-A. No more than 25% of the contact hours shall be courses in operator safety. Table 63840-A. Required Continuing Education Contact Hours for Certificate Renewal Water Treatment Operators Contact Hours Required Grade T1 12 Grade T2 16 Grade T3 24 Grade T4 36 Grade T5 36 Distribution Operators Grade D1 12 Grade D2 16 Grade D3 24 Grade D4 36 Grade D5 36 (1) Operators possessing both distribution and treatment certificates may apply continuing education credits to both certificates. (2) Specialized training that is used to satisfy the requirements of section 63775 or 63780 may be used to satisfy the continuing education requirements of Table 63840-A if obtained since the previous renewal or issuance of the certificate. (d) Except as provided in section 63815, each certificate renewed pursuant to (b) shall be valid for a period of three years. Note: Authority cited: Sections 100275 and 106910, Health and Safety Code; and Section 17520, Family Code. Reference: Section 1798.17, Civil Code; and Sections 106875, 106885, 106890, 106900 and 106910, Health and Safety Code.Authority cited: Sections 100275 and 106910, Health and Safety Code; and Section 17520, Family Code. Reference: Section 1798.17, Civil Code; and Sections 106875, 106885, 106890, 106900 and 106910, Health and Safety Code. s 63845. Reinstatement. (a) A certificate that has been revoked only for lack of payment may be reinstated within 1 year if all fees and penalties specified in section 63850 are paid and the renewal application is complete. (b) A certificate that has been revoked for failure to complete the continuing education contact hours required in Table 63840-A may be reinstated within six months if all requirements specified in Table 63840-A are met and penalties specified in section 63850 are paid and the renewal application is complete. Contact hours obtained for reinstatement shall not be used to satisfy the requirements of the next renewal period. (c) A certificate that has been revoked for more than one year shall not be renewed. (d) The expiration date of a certificate that has been renewed pursuant to this section shall remain the same as if the previous certificate had been renewed prior to the expiration date. Note: Authority cited: Sections 100275 and 106910, Health and Safety Code. Reference: Sections 106875, 106876, 106890, 106900 and 106910, Health and Safety Code. s 63850. Fees. (a) Except as provided in subsection (e), payment of the fees specified in this section shall be made by a separate check or money order for each operator. The operator's name, and in the case of renewals, the operator's certificate number, shall be written on the check or money order. (b) All fees submitted to the Department pursuant to this section are nonrefundable. (c) Operator fees shall be pursuant to Table 63850-A. Table 63850-A. Operator Fee Schedule Grade Examination Reexamination Certification Triennial Renewal Fee ($) Fee ($) Fee ($) Fee ($) D1 or T1 50 30 70 70 D2 or T2 65 45 80 80 D3 or T3 100 70 120 120 D4 or T4 130 95 140 140 D5 or T5 155 120 140 140 (d) Operators who are certified or have been notified by the Department that they have met requirements for certification as both treatment and distribution operators shall pay the certification and renewal fees specified in Table 63850-B for each certificate. Table 63850-B. Fee Schedule for Operators With Multiple Certificates Grade Certification Fee Triennial Renewal Fee ($) ($) per Certificate per Certificate D1 or T1 55 55 D2 or T2 60 60 D3 or T3 90 90 D4 or T4 105 105 D5 or T5 105 105 (e) The fee schedule for interim distribution operator certification is in Table 63850-C. The fees specified in this subsection may be paid by a single check or money order for all operators included in the application. Table 63850-C. Interim Operator Fee Schedule Grade Certification Fee ($) Triennial Renewal Fee ($) D1 70 70 D2 80 80 D3 120 120 D4 140 140 D5 140 140 (f) The fee schedule for distribution operators holding valid CNAWWA certificates pursuant to 63850(b) is in Table 63850-D. Table 63850-D. CNAWWA Certification Fees CNAWWA Grade Biennial Renewal Fee Due in 2001 - valid for two years 1 80 2 100 3 120 4 120 (g) A penalty fee of $50 shall be paid for renewals submitted or resubmitted after the renewal due date but at least 45 days prior to the expiration date. A penalty fee of $100 shall be paid for renewals submitted or resubmitted less than 45 days prior to the expiration date but within 1 year after the expiration date. (h) A certificate replacement fee of $25 shall be paid by any certificate holder requesting to have a lost, stolen, or destroyed certificate replaced. Note: Authority cited: Sections 100275 and 106910, Health and Safety Code. Reference: Sections 106890 and 106910, Health and Safety Code.Authority cited: Sections 100275 and 106910, Health and Safety Code. Reference: Sections 106890 and 106910, Health and Safety Code. s 64001. Water Permit Application. (a) Within 30 calendar days of receipt of an application for a permit or petition for permit modification pursuant to Section 4011 or 4019, Health and Safety Code, the Department shall inform the applicant in writing that it is either complete and accepted for filing or that it is deficient and what specific information or documentation is required to complete the application. An application is considered complete if it is in compliance with the requirements of Section 4012, Health and Safety Code. For proposed water system improvements, new water systems or a "project" as defined in Section 15378, Title 14, California Administrative Code where environmental documentation is required, a copy of such documentation shall be included in the application. (b) Within 90 calendar days from the date of filing of a completed application, the Department shall inform the applicant in writing of its decision regarding an application. Note: Authority cited: Section 15376, Government Code; and Sections 4011, 4012 and 4019, Health and Safety Code. Reference: Section 15376, Government Code; and Sections 21000-21176, Public Resources Code. s 64002. Processing Time. The Department's time periods for processing an application from the receipt of the initial application to the final decision regarding issuance or denial of a water permit based on the Department's actual performance during the two years preceding the proposal of this section, were as follows: (a) The median time was -7.5 months (b) The minimum time was -1.5 months (c) The maximum time was -85.5 months Note: Authority cited: Section 15376, Government Code; and Sections 4011 and 4019, Health and Safety Code. Reference: Section 15376, Government Code; and Sections 21000-21176, Public Resources Code. s 64197. Service Connection Fee. (a) Each public water system serving at least 200 service connections shall pay to the Department a one time fee of fifty cents ($0.50) for each service connection it serves. The fee shall be submitted to the Department no later than April 30, 1991. (b) The fee shall be based on the number of service connections previously reported to the Department for the calendar year 1989. Note: Authority cited: Section 4019.5, Health and Safety Code. Reference: Section 4019.5, Health and Safety Code. s 64200. Local Health Officer Authority & Responsibility. Note: Authority cited: Sections 7, 208 and 4010.8, Health and Safety Code. Reference: Sections 7, 208, 4010, 4010.8 and 4010.55, Health and Safety Code. s 64201. Definitions. Note: Authority cited: Section 4020.5, Health and Safety Code. Reference: Sections 4020.5 and 4023.3, Health and Safety Code. s 64202. Large Water System Regulatory Fee Determination for the Period of July 1, 1991 Through June 30, 1992. Note: Authority cited: Sections 4010.1 and 4020.5, Health and Safety Code. Reference: Sections 4010.1, 4020.5 and 4023.3, Health and Safety Code. s 64203. Workload Rating Factors. Note: Authority cited: Section 4020.5, Health and Safety Code. Reference: Sections 4020.5 and 4023.3, Health and Safety Code. s 64204. Wholesale Water Suppliers. Note: Authority cited: Sections 4010.1 and 4020.5, Health and Safety Code. Reference: Sections 4020.5 and 4023.3, Health and Safety Code. s 64205. Late Payment. Note: Authority cited: Sections 205, 208 and 4020.5, Health and Safety Code. Reference: Sections 4020.5 and 4023.3, Health and Safety Code. s 64206. Large Water System Reimbursement Fee Determination for the Billing Periods After July 1, 1992. Note: Authority cited: Sections 4010.1, 4019.10 and 4020.5, Health and Safety Code. Reference: Sections 4010.1, 4019.10 and 4023.3, Health and Safety Code. s 64211. Permit Requirement. (a) No person shall operate a state small water system unless a permit to operate the system has been issued by the local health officer. Within 30 calendar days of receipt of an application for a permit, the local health officer shall inform the applicant in writing that the application is either complete and accepted for filing or that it is deficient and what specific information or documentation is required to complete the application. (b) The state small water system shall submit a technical report to the local health officer as part of the permit application. The report shall describe the proposed or existing system as follows: service area, distribution system including storage and pumping facilities, the water source including source capacity, water quality, and any water treatment facilities. The report shall identify the owner of the system and the party responsible for day to day operation of the system. The report shall include a plan for notification of those served by the system under emergency conditions. The report shall describe the operating plan for the system and shall specify how the responsible party will respond to failure of major system components. (c) Within 90 calendar days from the date of filing of a completed application, the local health officer shall inform the applicant in writing of its decision regarding an application. (d) A change in ownership of a state small water system shall require the submission of a new application. (e) By July 1, 1992, each state small water system in existence on January 1, 1992, shall submit to the local health officer a plan for notification of those served by the system under emergency conditions. (f) Each state small water system shall provide the following notice to the consumers served by the state small water system: "The domestic water supply for this area is provided by a state small water system. State regulatory requirements for operation of a state small water system are less extensive than requirements for larger public water systems. If you have questions concerning your water supply, you should contact [insert (1) name of water system, (2) name of responsible person, and (3) telephone number] or your local health department." This notice shall be by direct delivery on an annual basis or by continuous posting at a central location within the area served by the state small water system. Note: Authority cited: Sections 208 and 4010.8, Health and Safety Code. Reference: Sections 4010.1 and 4010.8, Health and Safety Code. s 64212. Bacteriological Quality Monitoring. (a) Each water supplier operating a state small water system shall collect a minimum of one routine sample from the distribution system at least once every three months. The sample shall be analyzed for the presence of total coliform bacteria by a laboratory certified by the Department for bacteriological analyses pursuant to Section 4025 of the Health and Safety Code. The results of the analyses shall be reported to the local health officer no later than the 10th day of the month following receipt of the results by the state small water system. (b) If any routine sample is total coliform-positive, the water supplier shall collect a repeat sample from the same location within 48 hours of being notified of the positive result. If the repeat sample is also total coliform-positive, the sample shall also be analyzed for the presence of fecal coliforms or Escherichia coli (E. Coli). The water supplier shall notify the local health officer within 48 hours from the time the results are received and shall take corrective actions as directed by the local health officer to eliminate the cause of the positive samples. (c) The local health office may require a state small water system to sample the distribution system each month, in lieu of the requirements of subsection (a), if the system has bacteriological contamination problems indicated by more than one total-coliform positive sample during the most recent 24 months of operation. The monthly sample shall be analyzed for the presence of total coliform bacteria by a laboratory certified by the Department for bacteriological analyses pursuant to Section 4025 of the Health and Safety Code. The results of the analyses shall be reported to the local health officer no later than the 10th day of the month following receipt of the results by the state small water system. Note: Authority cited: Sections 208 and 4010.8, Health and Safety Code. Reference: Sections 4010.1 and 4010.8, Health and Safety Code. s 64213. Chemical Quality Monitoring. (a) Each water supplier operating a state small water system shall sample each source of supply prior to any treatment at least once. The sample shall be analyzed by a laboratory, certified by the Department pursuant to Section 4025 of the Health and Safety Code, for fluoride, iron, manganese, chlorides, total dissolved solids, and the inorganic chemicals listed in Table 64431-A, Section 64431(a). (b) Each groundwater source which has been designated as vulnerable by the local health officer pursuant to criteria set forth in Sections 64445(d)(1) and (2) shall be sampled by the water supplier operating the state small water system at least once prior to any treatment and analyzed for volatile organic compounds according to Environmental Protection Agency Method 502.2, "Methods for the Determination of Organic Compounds in Finished Drinking Water and Raw Source Water," September 1986. The analysis shall be performed by a laboratory certified by the Department to perform Method 502.2 analyses for organic chemicals pursuant to Section 4025 of the Health and Safety Code. (c) The results of the laboratory analyses shall be submitted to the local health officer by the state small water system no later than the 10th day of the month following receipt of the results by the state small water system. A copy of the results of the analyses and a comparison of the results with the maximum contaminant levels for those contaminants listed in Table 64431-A and B, Section 64431(a) and Table 64444-A, Section 64444 shall be distributed by the state small water system to each regular user of the water system within 90 days of receiving the results. A copy of the distribution notice shall be provided to the local health officer. (d) The water supplier operating a state small water system shall comply with any corrective actions ordered by the local health officer for any chemical contaminant which exceeds the maximum contaminant level. Note: Authority cited: Sections 208, 4010.8 and 4011, Health and Safety Code. Reference: Sections 4010.1, 4010.8, 4011 and 4014, Health and Safety Code. s 64214. Service Connection Limitation. No state small water system shall add additional service connections to the system such that the total number of service connections served by the system exceeds 14 before the water system has applied for and received a permit to operate as a public water system from the Department. Note: Authority cited: Sections 208 and 4010.8, Health and Safety Code. Reference: Sections 4010.1 and 4010.8, Health and Safety Code. s 64215. Water Supply Requirements. Prior to receiving permit approval, a state small water system which was not in existence on November 12, 1991 shall demonstrate to the local health officer that sufficient water is available from the water system's sources and distribution storage facilities to supply a minimum of three gallons per minute for at least 24 hours for each service connection served by the system. Note: Authority cited: Sections 208 and 4010.8, Health and Safety Code. Reference: Sections 4010.1 and 4010.8, Health and Safety Code. s 64216. Mutual Associations Prohibited. No state small water system which was not in existence on November 12, 1991 shall be issued a permit to operate if the water supplier is an unincorporated association organized under Title 3 (commencing with Section 20000) of Division 3 of the Corporations Code. Note: Authority cited: Sections 208 and 4010.8, Health and Safety Code. Reference: Sections 4010.1, 4010.8 and 4014, Health and Safety Code. s 64217. Surface Water Treatment Requirement. All state small water systems using surface water as a source of supply shall provide continuous disinfection treatment of the water prior to entry to the distribution system. Note: Authority cited: Sections 208 and 4010.8, Health and Safety Code. Reference: Sections 4010.1 and 4010.8, Health and Safety Code. s 64251. Definitions. (a) For the purpose of this Article the following definitions shall apply: (1) "Small Water System" means a community water system except those serving 200 or more service connections, or any noncommunity or nontransient noncommunity water system. (2) "Primacy Delegation Agreement" means the document, issued by the department and signed by the local health officer, delegating primacy to a local health officer. (3) "Routine Inspection" means an on-site review of a small water system which includes, but is not limited to, inspections of system operations, operation and maintenance records, system facilities and equipment. (4) "Sanitary Survey" means an on-site review of a small water system which includes, in addition to the elements of a routine inspection, an evaluation of the watershed for surface water sources and vulnerability assessments for groundwater sources. Note: Authority cited: Sections 4010.7 and 4023.3(h), Health and Safety Code. Reference: Sections 4010.1 and 4023.3, Health and Safety Code. s 64252. Primacy Delegation Application. (a) The primacy delegation application submitted by a local health officer pursuant to section 116330 of the Health and Safety Code shall describe how the primacy requirements of this article will be complied with and shall contain the following information relating to the small water system program to be delegated: (1) The number of staff persons, percentage of time and personnel classification of each staff person, and a description of the program responsibilities of each person involved in the small water system program. (2) A proposed program budget projecting both revenues and expenditures for the first year of the program. The expenditures categories shall include personnel, general expense (i.e. rent, supplies and communications), travel, equipment, data management, any other specific services to be provided (e.g. laboratory), administrative overhead and other indirect charges. The anticipated revenues shall specify all planned sources of revenues to be used for support of the small water system program. (3) A description of engineering and legal resources to be used in conducting the program. (4) A description of the electronic data management system to be used to comply with the requirements of section 64256 (e) and the compatibility of the proposed system with the data management system used by the department. (5) A description of the current status of compliance with Division 5, Part 1, Chapter 7; Division 104, Part 1, Chapters 4 and 5; Division 104, Part 12, Chapters 1 through 6 of the Health and Safety Code and California Code of Regulations, Title 22, Division 4, Chapters 15, 17, and 17.5 of the small water systems within the county. This description shall include the following: (A) All violations of drinking water monitoring or reporting requirements by any of the systems during the 12 months preceding the submission of the application for primacy. (B) All violations of standards of California Code of Regulations, Title 22, Division 4, Chapters 15, 17, and 17.5 during the 12 months preceding the submission of the application for primacy. (C) All enforcement actions against small water systems taken by the county during the 12 months preceding the submission of the application for primacy. (6) A current inventory list of the small water systems within the county. For each small water system the inventory list shall specify the system name, water system identification number, mailing address, type of system (community, nontransient noncommunity or noncommunity), name and address and phone number of the responsible party, type of ownership, type of water source, type of treatment if any, dates of operation for seasonally operated systems, and either: (A) for a community water system, the number of service connections; or (B) for a noncommunity or nontransient noncommunity water system, the average monthly population served. (b) For applications submitted by March 1, 1993, the primacy application shall demonstrate that the local primacy program requirements specified in Article 4.1, sections 64253 through 64258 will be complied with by June 30, 1994. If these requirements cannot be fully complied with by June 30, 1994, the application shall set forth a priority implementation schedule for activities to be conducted such that the program requirements will be fully complied with by June 30, 1995. (c) For applications submitted for fiscal years subsequent to the fiscal year 1993-94, the application shall demonstrate that the local primacy agency will be able to immediately undertake the activities specified as local primacy program requirements in section 64253 at the time of delegation. (d) The application shall be signed by the local health officer or by a local official with the authority to submit the application on behalf of the county. (e) Within 15 working days of receipt of an application for local primacy delegation the department shall inform the applicant in writing that the application is either complete and accepted for filing, or that it is deficient and what specific information or documentation is required to complete the application. (f) Within 5 working days of being notified of deficiencies in its application the local health officer shall resubmit an application with the deficient items included or corrected. (g) Within 15 working days of receipt of the resubmitted application the department shall determine that the application is complete or reject the application as incomplete and find that the local health officer is not capable of meeting the primacy program requirements. (h) Within 20 working days of being notified that the application is complete the local health officer shall submit the annual workplan required pursuant to section 64260. (i) Within 20 working days from the date the workplan is submitted the department shall inform the applicant in writing of its determination regarding the local health officer's capability of meeting the primacy program requirements. Note: Authority cited: Sections 116330, 116335, 116345, 116350 and 116375, Health and Safety Code; and Section 15376, Government Code. Reference: Sections 116300 through 116750, Health and Safety Code; and 40 Code of Federal Regulations 141. s 64253. Local Primacy Agency Minimum Program Requirements. Each local primacy agency shall conduct a regulatory program for small water systems within its jurisdiction that complies with all of the requirements set forth in sections 64254, 64255, 64256, 64257, and 64258. Note: Authority cited: Sections 4010.7 and 4023.3 (h), Health and Safety Code. Reference: Sections 4010.7 and 4023.3(h), Health and Safety Code. s 64254. Permits. (a) Each local primacy agency shall issue and maintain a valid drinking water permit for all small water systems within its jurisdiction in accordance with Sections 116525 through 116550 of the Health and Safety Code. The permit shall include terms and conditions, including compliance schedules, that are necessary to assure that water served will comply with Division 5, Part 1, Chapter 7; Division 104, Part 1, Chapters 4 and 5; Division 104, Part 12, Chapters 1 through 6 of the Health and Safety Code, and Title 22, Division 4, Chapters 15, 16, 17, and 17.5, and Title 17, Division 1, Chapter 5, Groups 2 and 4 of the California Code of Regulations. (b) All existing permits shall be reviewed and updated as necessary at least every ten years. (c) A copy of all permit applications for proposed new community water systems under the jurisdiction of the local primacy agency that are designed to serve 200 or more service connections shall be submitted to the department. The local primacy agency shall not issue a permit for these systems unless the department concurs that the systems are capable of complying with Division 5, Part 1, Chapter 7; Division 104, Part 1, Chapters 4 and 5; Division 104, Part 12, Chapters 1 through 6 of the Health and Safety Code, and Title 22, Division 4, Chapters 15, 16, 17, and 17.5, and Title 17, Division 1, Chapter 5, Groups 2 and 4 of the California Code of Regulations. Note: Authority cited: Sections 116330, 116375, 116525 through 116550, Health and Safety Code. Reference: Sections 116300 through 116750, Health and Safety Code; and 40 Code of Federal Regulations 141. s 64255. Surveillance. (a) The local primacy agency shall establish and maintain an inventory of all small water systems under its jurisdiction. The inventory shall be updated at least annually and shall include the following information for each system: (1) All of the information specified in section 64252(a)(6). (2) The name and telephone number of the operator of any treatment facilities utilized by the system. (3) A copy of the current emergency notification plan required pursuant to section 4029 of the Health and Safety Code. (b) The local primacy agency shall conduct a routine inspection of each small water system within its jurisdiction as follows: (1) At least once every two years on each small water system utilizing a surface water source as defined in section 4651.10. (2) At least once every two years on each small water system utilizing groundwater that is treated in order to meet drinking water standards. (3) At least once every five years on each small water system utilizing groundwater without treatment. (c) Each local primacy agency shall conduct a sanitary survey of each small water system within its jurisdiction at least once every five years. A sanitary survey may be conducted in lieu of any routine inspection. (d) The local primacy agency shall identify any deficiencies found during the routine inspection or sanitary survey and shall submit a follow-up notice to the small water system describing such deficiencies and prescribing a time schedule for corrective action. The notice shall be sent to the small water system within 60 days of the routine inspection or sanitary survey. (e) The local primacy agency shall complete a routine inspection or sanitary survey report for each routine inspection or sanitary survey conducted within 90 days of completion of the sanitary survey or routine inspection. (f) The local primacy agency shall determine which small water systems under its jurisdiction utilize surface water or groundwater under the direct influence of surface water and are subject to surface water treatment requirements as specified in section 64650. Note: Authority cited: Sections 4010.7 and 4023.3(h), Health and Safety Code. Reference: Sections 4010.7 and 4023.3(h), Health and Safety Code. s 64256. Sampling and Monitoring. (a) The local primacy agency shall notify each small water system under its jurisdiction in writing of the monitoring requirements for that system pursuant to Title 22, Division 4, Chapters 15, 17, and 17.5 of the California Code of Regulations. The notice shall identify the specific contaminants to be monitored, the type of laboratory analyses required for each contaminant, the frequency of sampling and any other sampling and reporting requirements applicable to that system. (b) The local primacy agency shall ensure that each small water system under its jurisdiction complies with the sample siting plan requirements of section 64422. (c) The local primacy agency shall establish a tracking system to assure that all required sampling and laboratory analyses are completed and reported by the small water systems pursuant to Title 22, Division 4, Chapters 15, 17, and 17.5 of the California Code of Regulations. The tracking system shall include the date the sample was collected, the type or purpose of the sample, and the laboratory result. (d) An ongoing record of the status of compliance with monitoring and reporting requirements of California Code of Regulations, Title 22, Division 4, Chapters 15, 17, and 17.5 of each small water system shall be maintained by the local primacy agency. (e) A system shall be established by the local primacy agency to assure that the water quality monitoring data submitted by the small water systems is routinely reviewed for compliance with the requirements of Title 22, Division 4, Chapters 15, 17, and 17.5 of the California Code of Regulations. The monitoring reports shall be reviewed each month for each small water system and the data entered into the data management system at least monthly. Note: Authority cited: Sections 116330, 116375 and 116385 Health and Safety Code. Reference: Sections 116300 through 116750, Health and Safety Code; and 40 Code of Federal Regulations 141. s 64257. Reporting. (a) The following reports shall be submitted monthly in an electronic data format to the department no later than the last day of the month following the period being reported: (1) A report listing all small water systems that failed during the previous month to comply with drinking water monitoring and reporting regulations of Title 22, Division 4, Chapters 15, 17, and 17.5 of the California Code of Regulations. (2) A compliance report containing the following information for each small water system under the jurisdiction of the local primacy agency that is in violation of Title 22, Division 4, Chapters 15, 17, and 17.5 of the California Code of Regulations: (A) The name and water system identification number of the system. (B) A description of the type of violation and the standard violated. (C) A description of any enforcement action taken by the local primacy agency with respect to the violation. (b) The following reports shall be submitted quarterly in an electronic data format to the department no later than the last day of the quarter following the quarter being reported: (1) A list of domestic water supply permits for small water systems that have been issued, amended or renewed during the reporting period. The list shall include the name and the identification number of the water system. (2) A list of the small water systems for which a routine inspection or sanitary survey was conducted during the reporting period. The list shall indicate the name and identification number of the small water system and the type of routine inspection or sanitary survey performed. (c) An updated inventory of small water systems under the jurisdiction of the local primacy agency shall be submitted annually in an electronic format to the department no later than August 15 of each year. Note: Authority cited: Sections 116330, 116345, 116350, 116375, Health and Safety Code. Reference: Sections 116300 through 116375, Health and Safety Code; and 40 Code of Federal Regulations 141. s 64258. Enforcement. (a) The local primacy agency shall take enforcement actions as necessary to assure that all small water systems under the jurisdiction of the local primacy agency are in compliance with Division 5, Part 1, Chapter 7; Division 104, Part 1, Chapters 4 and 5; Division 104, Part 12, Chapters 1 through 6 of the Health and Safety Code, and California Code of Regulations, Title 17, Division 1, Chapter 5, Groups 2 and 4, and Title 22, Division 4, Chapters 14, 15, 16, 17, and 17.5. (b) Each local primacy agency shall notify each small water system under their jurisdiction of any new state or federal drinking water requirements applicable to those systems. Note: Authority cited: Sections 116330, 116345, 116350, 116375, 116625-116675 and 116725-116750, Health and Safety Code. Reference: Sections 116300-116750, Health and Safety Code; and 40 Code of Federal Regulations 141. s 64259. Program Management. (a) Each local primacy agency shall establish and maintain a time accounting system for determining the amount of reimbursement to be billed to each small water system pursuant to section 4019.40 of the Health and Safety Code. The hourly cost rate of the local primacy agency shall be determined using the criteria set forth in section 4019.35 (b) of the Health and Safety Code. (b) Each local primacy agency shall establish and maintain an individual file for each small water system under its jurisdiction. The following information shall be maintained in the file: (1) The current operating permit and all technical reports supporting it. (2) Permit applications, permit technical reports, permits and amended permits for a minimum of 10 years. (3) The most recent plans, specifications and other information submitted by the water system pertaining to sources of supply, treatment works, storage facilities, and distribution system, including water quality monitoring plans and total coliform siting plans. (4) Inspection and sanitary survey reports for a minimum of 10 years. (5) Copies of bacteriological water quality analyses for a minimum of 5 years; copies of all other water quality analyses for a minimum of 10 years. (6) Correspondence, memoranda and other written records pertaining to the system issued or written within the past three years. (7) Copies of all compliance orders, citations, court actions and other enforcement documentation. Note: Authority cited: Section 4010.7 and 4023.3(h), Health and Safety Code. Reference: Sections 4010.7 and 4023.3(h), Health and Safety Code. s 64260. Workplans. (a) Each local primacy agency shall develop and submit to the department a proposed annual program workplan for the upcoming fiscal year. The local primacy agency shall submit the proposed annual workplan to the department no later than May 1 of each year for the fiscal year commencing July 1 of that year; except for the initial proposed annual workplan submitted in accordance with section 64252. (b) The workplan developed pursuant to subsection (a) shall describe the activities proposed to be performed by the local primacy agency during the forthcoming fiscal year and shall include: (1) The anticipated number of new small water system permits to be issued and the proposed number of existing community or noncommunity permits (designated by category) to be updated or amended. (2) A description of how the small water system inventory specified in section 64255 (a) will be maintained. (3) A description of how the surveillance activities specified in section 64255 (b) through (f) will be conducted and the priorities to be used in determining the activities to be performed. (4) The number of planned routine inspections and sanitary surveys to be performed for each category of small water systems (community, noncommunity and nontransient noncommunity). (5) A listing of small water systems proposed for enforcement action and the priorities to be used in determining these systems. Note: Authority cited: Sections 4010.7 and 4023.3(h), Health and Safety Code. Reference: Sections 4010.7 and 4023.3(h), Health and Safety Code. s 64400. Acute Risk. "Acute Risk" means the potential for a contaminant or disinfectant residual to cause acute health effects, i.e., death, damage or illness, as a result of a single period of exposure of a duration measured in seconds, minutes, hours, or days. Note: Authority cited: Sections 100275, 116375 and 116450, Health and Safety Code. Reference: Sections 116270-116751, Health and Safety Code. s 64400.10. Community Water System. "Community water system" means a public water system which serves at least 15 service connections used by yearlong residents or regularly serves at least 25 yearlong residents. Note: Authority cited: Sections 208, 4023.3 and 4028, Health and Safety Code. Reference: Sections 4010 through 4039.6, Health and Safety Code. s 64400.20. Compliance Cycle. "Compliance cycle" means the nine-year calendar year cycle during which public water systems shall monitor. Each compliance cycle consists of three three-year compliance periods. The first calendar year cycle began January 1, 1993 and ends December 31, 2001; the second begins January 1, 2002 and ends December 31, 2010; the third begins January 1, 2011 and ends December 31, 2019. Note: Authority cited: Sections 208, 4023.3 and 4028, Health and Safety Code. Reference: Sections 4010 through 4039.6, Health and Safety Code. s 64400.25. Compliance Period. "Compliance period" means a three-year calendar year period within a compliance cycle. Within the first compliance cycle, the first compliance period runs from January 1, 1993 to December 31, 1995; the second from January 1, 1996 to December 31, 1998; the third from January 1, 1999 to December 31, 2001. Note: Authority cited: Sections 100275, 116375 and 116450, Health and Safety Code. Reference: Sections 116270-116751, Health and Safety Code. s 64400.28. Confluent Growth. "Confluent growth" means a continuous bacterial growth covering the entire filtration area of a membrane filter, or a portion thereof, in which bacterial colonies are not discrete. Note: Authority cited: Sections 100275, 116375 and 116450, Health and Safety Code. Reference: Sections 116270-116751, Health and Safety Code. s 64400.30. Customer. "Customer" means a service connection to which water is delivered by a community water system or a person that receives water from a nontransient-noncommunity water system for more than six months of the year. Note: Authority cited: Sections 116350 and 116375, Health and Safety Code. Reference: Sections 116275 and 116470, Health and Safety Code. s 64400.32. Detected. "Detected" means at or above the detection limit for purposes of reporting (DLR). Note: Authority cited: Sections 116350 and 116375, Health and Safety Code. Reference: Sections 116275 and 116470, Health and Safety Code. s 64400.34. Detection Limit for Purposes of Reporting (DLR). "Detection limit for purposes of reporting (DLR)" means the designated minimum level at or above which any analytical finding of a contaminant in drinking water resulting from monitoring required under this chapter shall be reported to the Department. Note: Authority cited: Sections 100275, 116375 and 116450, Health and Safety Code. Reference: Sections 116270-116751, Health and Safety Code. s 64400.38. Enhanced Coagulation. "Enhanced coagulation" means the addition of sufficient coagulant for improved removal of disinfection byproduct precursors by conventional filtration treatment. Note: Authority cited: Sections 116325 and 116375, Health and Safety Code. Reference: Sections 116275 and 116350, Health and Safety Code. s 64400.40. Enhanced Softening. "Enhanced softening" means the improved removal of disinfection byproduct precursors by precipitative softening. Note: Authority cited: Sections 116325 and 116375, Health and Safety Code. Reference: Sections 116275 and 116350, Health and Safety Code. s 64400.42. Fluoridation. "Fluoridation" means the addition of fluoride to drinking water to achieve an optimal level, pursuant to Section 64433.2, that protects and maintains dental health. Note: Authority cited: Sections 100275, 116410 and 116375, Health and Safety Code. Reference: Sections 116410 and 116415, Health and Safety Code. s 64400.44. Detected. Note: Authority cited: Sections 116350 and 116375, Health and Safety Code. Reference: Sections 116275 and 116470, Health and Safety Code. s 64400.45. GAC10. "GAC10" means granular activated carbon filter beds with an empty-bed contact time of 10 minutes based on average daily flow and a carbon reactivation frequency of every 180 days. Note: Authority cited: Sections 116325 and 116375, Health and Safety Code. Reference: Sections 116275 and 116350, Health and Safety Code. s 64400.47. Haloacetic Acids (Five) or HAA5. "Haloacetic acids (five)" or "HAA5" means the sum of the concentrations in milligrams per liter (mg/L) of the haloacetic acid compounds (monochloroacetic acid, dichloroacetic acid, trichloroacetic acid, monobromoacetic acid, and dibromoacetic acid), rounded to two significant figures after addition. Note: Authority cited: Sections 116325 and 116375, Health and Safety Code. Reference: Sections 116275 and 116350, Health and Safety Code. s 64400.50. Initial Compliance Period. "Initial compliance period" means the first full three-year compliance period which began January 1, 1993, for existing systems. For new systems, the "initial compliance period" means the period in which the Department grants the permit. Note: Authority cited: Sections 208, 4023.3 and 4028, Health and Safety Code. Reference: Sections 4010 through 4039.6, Health and Safety Code. s 64400.60. Initial Finding. "Initial finding" means the first laboratory result from a water source showing the presence of an organic chemical listed in Section 64444, Table 64444-A. Note: Authority cited: Sections 208, 4023.3 and 4028, Health and Safety Code. Reference: Sections 4010 through 4039.6, Health and Safety Code. s 64400.65. IOC. "IOC" means inorganic chemical. Note: Authority cited: Sections 208, 4023.3 and 4028, Health and Safety Code. Reference: Sections 4010 through 4039.6, Health and Safety Code. s 64400.67. Maximum Residual Disinfectant Level or MRDL. "Maximum residual disinfectant level" or "MRDL" means a level of a disinfectant added for water treatment that may not be exceeded at the consumer's tap. Note: Authority cited: Sections 116325 and 116375, Health and Safety Code. Reference: Sections 116275 and 116350, Health and Safety Code. s 64400.70. MCL. "MCL" means maximum contaminant level. Note: Authority cited: Sections 208, 4023.3 and 4028, Health and Safety Code. Reference: Sections 4010 through 4039.6, Health and Safety Code. s 64400.80. Nontransient-noncommunity Water System. "Nontransient-noncommunity water system" means a public water system that is not a community water system and that regularly serves at least the same 25 persons over 6 months per year. Note: Authority cited: Sections 208, 4023.3 and 4028, Health and Safety Code. Reference: Sections 4010 through 4039.6, Health and Safety Code. s 64401. Repeat Compliance Period. "Repeat compliance period" means any subsequent compliance period after the initial compliance period. Note: Authority cited: Sections 208, 4023.3 and 4028, Health and Safety Code. Reference: Sections 4010 through 4039.6, Health and Safety Code. s 64401.10. Repeat Sample. "Repeat sample" means a required sample collected following a total coliform-positive sample. Note: Authority cited: Sections 208, 4023.3 and 4028, Health and Safety Code. Reference: Sections 4010 through 4039.6, Health and Safety Code. s 64401.20. Replacement Sample. "Replacement sample" means a sample collected to replace an invalidated sample. Note: Authority cited: Sections 208, 4023.3 and 4028, Health and Safety Code. Reference: Sections 4010 through 4039.6, Health and Safety Code. s 64401.30. Routine Sample. "Routine sample" means a bacteriological sample the water supplier is required to collect on a regular basis, or one which the supplier is required to collect for a system not in compliance with Sections 64650 through 64666 when treated water turbidity exceeds 1 nephelometric turbidity unit (NTU), pursuant to section 64423(b). Note: Authority cited: Sections 208, 4023.3 and 4028, Health and Safety Code. Reference: Sections 4010 through 4039.6, Health and Safety Code. s 64401.40. Sanitary Survey. "Sanitary survey" means an on-site review of a public water system for the purpose of evaluating the adequacy of the water source, facilities, equipment, operation and maintenance for producing and distributing safe drinking water. Note: Authority cited: Sections 208, 4023.3 and 4028, Health and Safety Code. Reference: Sections 4010 through 4039.6, Health and Safety Code. s 64401.50. Significant Rise in Bacterial Count. "Significant rise in bacterial count" means an increase in coliform bacteria, as determined in Section 64426, when associated with a suspected waterborne illness or disruption of physical works or operating procedures. Note: Authority cited: Sections 208, 4023.3 and 4028, Health and Safety Code. Reference: Sections 4010 through 4039.6, Health and Safety Code. s 64401.55. SOC. "SOC" means synthetic organic chemical. Note: Authority cited: Sections 208, 4023.3 and 4028, Health and Safety Code. Reference: Sections 4010 through 4039.6, Health and Safety Code. s 64401.60. Standby Source. "Standby source" means a source which is used only for emergency purposes pursuant to Section 64414. Note: Authority cited: Sections 208, 4023.3 and 4028, Health and Safety Code. Reference: Sections 4010 through 4039.6, Health and Safety Code. s 64401.65. SUVA. "SUVA" means Specific Ultraviolet Absorption at 254 nanometers (nm), an indicator of the humic content of a water. It is calculated by dividing a sample's ultraviolet absorption at a wavelength of 254 nm (UV 254) (in m -1) by its concentration of dissolved organic carbon (DOC) (in mg/L). Note: Authority cited: Sections 116325 and 116375, Health and Safety Code. Reference: Sections 116275 and 116350, Health and Safety Code. s 64401.70. System with a Single Service Connection. "System with a single service connection" means a system which supplies drinking water to consumers via a single service line. Note: Authority cited: Sections 208, 4023.3 and 4028, Health and Safety Code. Reference: Sections 4010 through 4039.6, Health and Safety Code. s 64401.71. Tier 1 Public Notice. "Tier 1 public notice" means a public notice issued in response to the events listed in subsection 64463.1(a) and in the manner specified in subsections 64463.1(b) and (c). Note: Authority cited: Sections 116325, 116350 and 116375, Health and Safety Code. Reference: Section 116450, Health and Safety Code. s 64401.72. Tier 2 Public Notice. "Tier 2 public notice" means a public notice issued in response to the events listed in section 64463.4(a) and in the manner specified in subsections 64463.4(b) and (c). Note: Authority cited: Sections 116325, 116350 and 116375, Health and Safety Code. Reference: Section 116450, Health and Safety Code. s 64401.73. Tier 3 Public Notice. "Tier 3 public notice" means a public notice issued in response to the events listed in section 64463.7(a) and in the manner specified in subsections 64463.7(b), and (c) or (d). Note: Authority cited: Sections 116325, 116350 and 116375, Health and Safety Code. Reference: Section 116450, Health and Safety Code. s 64401.75. Too Numerous to Count. "Too numerous to count" means that the total number of bacterial colonies exceeds 200 on a 47-mm diameter membrane filter used for coliform detection. Note: Authority cited: Sections 208, 4023.3 and 4028, Health and Safety Code. Reference: Sections 4010 through 4039.6, Health and Safety Code. s 64401.80. Total Coliform-positive. "Total coliform-positive" means a sample result in which the presence of total coliforms has been demonstrated. Note: Authority cited: Sections 208, 4023.3 and 4028, Health and Safety Code. Reference: Sections 4010 through 4039.6, Health and Safety Code. s 64401.82. Total Organic Carbon or TOC. "Total organic carbon" or "TOC" means total organic carbon reported in units of milligrams per liter (mg/L), as measured using heat, oxygen, ultraviolet irradiation, chemical oxidants, or combinations of these oxidants that convert organic carbon to carbon dioxide, rounded to two significant figures. Note: Authority cited: Sections 116325 and 116375, Health and Safety Code. Reference: Sections 116275 and 116350, Health and Safety Code. s 64401.85. Transient-noncommunity Water System. "Transient-noncommunity water system" means a public water system that is not a community water system or a nontransient-noncommunity water system. Note: Authority cited: Sections 208, 4023.3 and 4028, Health and Safety Code. Reference: Sections 4010 through 4039.6, Health and Safety Code. s 64401.90. Treatment. "Treatment" means physical, biological, or chemical processes, including blending, designed to affect water quality parameters to render the water acceptable for domestic use. Note: Authority cited: Sections 208, 4023.3 and 4028, Health and Safety Code. Reference: Sections 4010 through 4039.6, Health and Safety Code. s 64401.92. Total Trihalomethanes or TTHM. "Total Trihalomethanes" or "TTHM" means the sum of the concentrations in milligrams per liter (mg/L) of the trihalomethane compounds (bromodichloromethane, bromoform, chloroform, and dibromochloromethane), rounded to two significant figures after addition. Note: Authority cited: Sections 116325 and 116375, Health and Safety Code. Reference: Sections 116275 and 116350, Health and Safety Code. s 64401.95. VOC. "VOC" means volatile organic chemical. Note: Authority cited: Sections 208, 4023.3 and 4028, Health and Safety Code. Reference: Sections 4010 through 4039.6, Health and Safety Code. s 64402. Vulnerable System. "Vulnerable system" means a water system which has any water source which in the judgement of the Department, has a risk of containing an organic contaminant, based on an assessment as set forth in Section 64445(d)(1). Note: Authority cited: Sections 208, 4023.3 and 4028, Health and Safety Code. Reference: Sections 4010 through 4039.6, Health and Safety Code. s 64402.10. Water Source. "Water source" means an individual groundwater source or an individual surface water intake. Sources which have not been designated as standby sources shall be deemed to be water sources. Note: Authority cited: Sections 208, 4023.3 and 4028, Health and Safety Code. Reference: Sections 4010 through 4039.6, Health and Safety Code. s 64402.20. Water Supplier. "Water supplier", "person operating a public water system" or "supplier of water" means any person who owns or operates a public water system. These terms will be used interchangeably in this chapter. (a) "Wholesale water supplier," or "wholesaler" means any person who treats water on behalf of one or more public water systems for the purpose of rendering it safe for human consumption. (b) "Retail water supplier," or "retailer" means (1) Any person who owns or operates any distribution facilities and any related collection, treatment, or storage facilities under the control of the operator of the public water system which are used primarily in connection with the public water system; or (2) Any person who owns or operates any collection or pretreatment storage facilities not under the control of the operator of the public water system which are used primarily in connection with the public water system. Note: Authority cited: Sections 208, 4023.3 and 4028, Health and Safety Code. Reference: Sections 4010 through 4039.6, Health and Safety Code. s 64403. Responsibility. Note: Authority cited: Sections 408 and 4023.3, Health and Safety Code. Reference: Section 4023.3, Health and Safety Code. s 64411. Definitions. Note: Authority cited: Sections 208, 4023.3 and 4028, Health and Safety Code. Reference: Sections 4010 through 4039.6, Health and Safety Code. s 64412. Determination of Persons Served. (a) The number of persons served by a community water system shall be determined by the water system using one of the following methods: (1) Utilizing the most recent United States census data, or more recent special census data certified by the California Department of Finance, for the service area served by the water system; (2) Multiplying the number of service connections served by the water system by 3.3 to determine the total population served; (3) Determining the total number of dwelling units or efficiency dwelling units as defined in the Uniform Building Code (Title 24, California Code of Regulations), the number of mobile home park spaces and the number of individual business, commercial, industrial and institutional billing units served by the water system and multiplying this total by 2.8 to arrive at the total population served by the system. (b) Each community water system shall report to the Department annually the number of persons and the number of service connections served by the system using the procedures set forth in subsection (a). Note: Authority cited: Sections 4021(b)(3) and 4023.3, Health and Safety Code. Reference: Sections 4012 and 4023.3, Health and Safety Code. s 64413. Initial Effective Dates. Note: Authority cited: Sections 208 and 4026, Health and Safety Code. Reference: Section 4024, Health and Safety Code. s 64413.1. Classification of Water Treatment Facilities. (a) Each water treatment facility shall be classified pursuant to Table 64413.1-A based on the calculation of total points for the facility using the factors specified in subsection (b). Table 64413.1-A. Water Treatment Facility Class Designations Total Points Class Less than 20 T1 20 through 39 T2 40 through 59 T3 60 through 79 T4 80 or more T5 (b) The calculation of total points for each water treatment facility shall be the sum of the points derived in each of paragraphs (1) through (13) except where a treatment facility treats more than one source, in which case the source with the highest average of each contaminant shall be used to determine the point value in paragraphs (2) through (5). (1) For water source, the points are determined pursuant to Table 64413.1-B. Table 64413.1-B. Points for Source Water Used by the Facility Type of source water used by the facility Points Groundwater and/or purchased treated water meeting primary 2 and secondary drinking water standards, as defined in section 116275 of the Health and Safety Code Water that includes any surface water or groundwater under the 5 direct influence of surface water (2) For influent microbiological water quality, points shall be determined by using the median of all total coliform analyses completed in the previous 24 months pursuant to Table 64413.1-C: Table 64413.1-C. Influent Water Microbiological Quality Points Median Coliform Density Points Most Probable Number Index (MPN) less than 1 per 100 mL 0 1 through 100 per 100 mL 2 greater than 100 through 1,000 per 100 mL 4 greater than 1,000 through 10,000 per 100 mL 6 greater than 10,000 per 100 mL 8 (3) For facilities treating surface water or groundwater under the direct influence of surface water, points for influent water turbidity shall be determined pursuant to Table 64413.1-D on the basis of the previous 24 months of data, except that if turbidity data is missing for one or more of the months, the points given for turbidity shall be 5. The maximum influent turbidity sustained for at least one hour according to an on-line turbidimeter shall be used unless such data is not available, in which case, the maximum influent turbidity identified by grab sample shall be used. For facilities that have not been in operation for 24 months, the available data shall be used. For facilities whose permit specifies measures to ensure that influent turbidity will not exceed a specified level, the points corresponding to that level shall be assigned. Table 64413.1-D. Influent Water Turbidity Points Maximum Influent Turbidity Level Points Nephelometric Turbidity Units (NTU) Less than 15 0 15 through 100 2 Greater than 100 5 (4) The points for influent water nitrate and nitrite levels shall be determined by an average of the three most recent sample results, pursuant to Table 64413.1-E. Table 64413.1-E. Influent Water Nitrate and Nitrite Points Nitrate and Nitrite Data Average Points Less than or equal to the maximum contaminant level 0 (MCL), as specified in Table 64431-A Greater than the MCL 5 (5) The points for other influent water contaminants with primary MCLs shall be a sum of the points for each of the inorganic contaminants (Table 64431-A), organic contaminants (Table 64444-A) and radionuclides (Table 4, section 64443). The points for each contaminant shall be based on an average of the three most recent sample results, pursuant to Table 64413.1-F. If monitoring for a contaminant has been waived pursuant to sections 64432(k), 64432.2(c), or 64445(d), the points shall be zero for that contaminant. Table 64413.1-F. Influent Water Chemical and Radiological Contaminant Points Contaminant Data Average Points Less than or equal to the MCL 0 Greater than the MCL 2 5 Times the MCL or greater 5 (6) The total points for surface water filtration treatment shall be the sum of the points of those treatment processes utilized by the facility for compliance with section 64652, pursuant to Table 64413.1-G. Table 64413.1-G. Points for Surface Water Filtration Treatment Treatment Points Conventional, direct, or inline 15 Diatomaceous earth 12 Slow sand, membrane, cartridge, or bag filter 8 Backwash recycled as part of process 5 (7) The points for each treatment process utilized by the facility and not included in paragraph (6) that is used to reduce the concentration of one or more contaminants for which a primary MCL exists, pursuant to Table 64431-A, Table 64444-A, and Table 4 of section 64443, shall be 10. Blending shall only be counted as a treatment process if one of the blended sources exceeds a primary MCL. (8) The points for each treatment process not included in paragraphs (6), or (7) that is used to reduce the concentration of one or more contaminants for which a secondary MCL exists, pursuant to Tables 64449-A and 64449-B, shall be 3. Blending shall only be counted as a treatment process if one of the blended sources exceeds a secondary MCL. (9) The points for each treatment process not included in paragraphs (6), (7), or (8) that is used for corrosion control or fluoridation shall be 3. (10) The total points for disinfection treatment shall be the sum of the points for those treatment processes utilized by the facility for compliance with section 64654(a), pursuant to Table 64413.1-H. Table 64413.1-H. Points for Disinfection Treatment Treatment Process Points Ozone 10 Chlorine and/or chloramine 10 Chlorine dioxide 10 Ultra violet (UV) 7 (11) The points for disinfection/oxidation treatment not included in paragraphs (6), (7), (8), or (10) shall be a sum of the points for all the treatment processes used at the facility pursuant to Table 64413.1-I. Table 64413.1-I. Points for Disinfection/Oxidation Treatment without Inactivation Credit Treatment Process Points Ozone 5 Chlorine and/or chloramine 5 Chlorine dioxide 5 Ultra violet (UV) 3 Other oxidants 5 (12) The points for any other treatment process that alters the physical or chemical characteristics of the drinking water and that was not included in paragraphs (6), (7), (8), (9), (10), or (11) shall be 3. (13) The points for facility flow shall be 2 per million gallons per day or fraction thereof of maximum permitted treatment facility capacity, up to a maximum of 50 points; except that for facilities utilizing only blending, the points shall be based on the flow from the contaminated source and the dilution flow required to meet the MCL(s) specified in Tables 64431-A, 64444-A, 64449-A, 64449-B, and Table 4 of section 64443. Note: Authority cited: Sections 100275 and 106910, Health and Safety Code. Reference: Sections 106875, 106910 and 116555, Health and Safety Code.Authority cited: Sections 100275 and 106910, Health and Safety Code. Reference: Sections 106875, 106910 and 116555, Health and Safety Code. s 64413.3. Classification of Distribution Systems. (a) The distribution system for each community and nontransient- noncommunity water system shall be classified pursuant to Table 64413.3-A unless modified pursuant to subsection (b). For a wholesaler, the population served shall include the customers served by its retailers. Table 64413.3-A. Distribution System Classifications Population Served Class 1,000 or less D1 1,001 through 10,000 D2 10,001 through 50,000 D3 50,001 through 5 million D4 Greater than 5 million D5 (b) The class determined pursuant to (a) shall be upgraded by one level if the population served is 5 million or less and the sum of all the points from paragraphs (1) through (6) exceeds 20. (1) The points for pressure zones shall be zero for up to three zones, 4 for four to ten zones, or 6 for more than ten zones. (2) The points for disinfectants used shall be zero if no disinfectant is applied in the distribution system and no more than one type of disinfectant residual is entering the distribution system. The points shall be 5 if a single disinfectant or ammonia is applied in the distribution system. The points shall be 8 if there are multiple disinfectants in the system. (3) The points based on the largest single pump in the system for which the distribution operator is responsible shall be 4 for up to fifty horsepower, or 6 for fifty or more horsepower. (4) The points for distribution storage reservoirs in the system shall be 4 for one to five reservoirs, or 6 for greater than five. (5) The points for one or more existing uncovered distribution reservoirs shall be 10. (6) The points to be added if any of the distribution system customers are also served by a non-potable water distribution system shall be 6. This does not apply to wholesalers if the only customers receiving non-potable water are served by its retailers. Note: Authority cited: Sections 100275 and 106910, Health and Safety Code. Reference: Sections 106875, 106910 and 116555, Health and Safety Code.Authority cited: Sections 100275 and 106910, Health and Safety Code. Reference: Sections 106875, 106910 and 116555, Health and Safety Code. s 64413.5. Treatment Facility Staff Certification Requirements. (a) Each water supplier shall designate at least one chief operator that meets the requirements specified in section 63765 for each water treatment facility utilized by the water system. (b) Each water supplier shall designate at least one shift operator that meets the requirements specified in section 63765 for each water treatment facility utilized by the water system for each operating shift. (c) Except as provided in (d), a chief operator or shift operator shall be on-site at all times that the facility is operating. (d) If the water supplier's operations plan, submitted and approved pursuant to section 64661, demonstrates an equal degree of operational oversight and reliability with either unmanned operation or operation under reduced operator certification requirements, the chief operator or shift operator is not required to be on-site, but shall be able to be contacted within one hour. (e) If there is no change in the treatment facility and the employed shift and/or chief operators, the water supplier shall be in compliance until January 1, 2003 with the shift and operator certification requirements that were in effect on December 31, 2000. If the water system employs a new shift and/or chief operator, that operator shall meet the certification requirements pursuant to section 63765(a). Note: Authority cited: Sections 100275, 106910, and 116375, Health and Safety Code. Reference: Sections 106875, 106885, 106910, 116375 and 116555, Health and Safety Code. s 64413.7. Distribution System Staff Certification Requirements. (a) Each water supplier shall designate at least one chief operator that meets the requirements specified in section 63770 for each distribution system utilized by the water system. (b) Each water supplier shall designate at least one shift operator that meets the requirements specified in section 63770 for each distribution system utilized by the water system for each operating shift. (c) The chief operator or shift operator shall be on-site or able to be contacted within one hour. Note: Authority cited: Sections 100275, 106910, and 116375, Health and Safety Code. Reference: Sections 106875, 106885, 106910, 116375 and 116555, Health and Safety Code. s 64414. Standby Sources. (a) A source which has been designated "standby" shall be monitored a minimum of once every compliance cycle for all inorganic, organic, and radiological MCLs, unless a waiver has been granted by the Department pursuant to Section 64432(k) or (l) for inorganics, or Section 64445(d) for organics. (b) A standby source which has previous monitoring results indicating nitrate or nitrite levels equal to or greater than 50 percent of the MCL shall collect and analyze a sample for nitrate and nitrite annually. In addition, upon activation of such a source, a sample shall be collected, analyzed for these chemicals and the analytical results reported to the Department within 24 hours of activation. (c) A standby source shall be used only for short-term emergencies of five consecutive days or less, and for less than a total of fifteen calendar days a year. (d) Within 3 days after the short-term emergency use of a standby source, the water supplier shall notify the Department. The notification shall include information on the reason for and duration of the use. (e) The status of a designated standby source shall not be changed to that of a regular source of drinking water supply, unless the source meets all existing drinking water standards and approval is obtained from the Department in advance. Note: Authority cited: Sections 208 and 4023.3, Health and Safety Code. Reference: Section 4024, Health and Safety Code. s 64415. Laboratory and Personnel. (a) Required analyses shall be performed by laboratories approved to perform those analyses by the Department, pursuant to Section 116390, Health and Safety Code. Analyses shall be made in accordance with EPA approved methods as prescribed at 40 Code of Federal Regulations Sections 141.21 through 141.40, 141.41, 141.42, 141.66, and 141.89. (b) Sample collection, and field tests including color, odor, turbidity, pH, temperature, and disinfectant residual shall be performed by a water treatment operator certified by the Department pursuant to Section 106875 of the Health and Safety Code or by personnel trained to collect samples and/or perform these tests by the Department, a certified laboratory, or a certified operator. Note: Authority cited: Sections 100275, 106875, 116375 and 116390, Health and Safety Code. Reference: Sections 116300 through 116750, Health and Safety Code; and 40 Code of Federal Regulations 141. s 64416. Sampling Plan for all Monitoring Except Bacteriological. (a) Each public water system serving contiguous areas totalling more than 10,000 service connections shall submit a plan to the Department for monitoring the quality of water. (1) This plan shall be supported by analytical, hydrological and geological data, and may be developed in cooperation with other agencies or water suppliers. (2) Constituents to be addressed in the plan shall include inorganic chemicals, organic chemicals, trihalomethanes, radioactivity, general minerals and general physical parameters. (3) Sampling of certain wells on a rotating basis may be included in the plan if the water supplier is able to demonstrate with analytical, hydrological and geological data that those wells are producing similar quality water from the same aquifer. (4) The water supplier shall submit an updated plan to the Department at least once every ten years or at any time the plan no longer ensures representative monitoring of the system. Note: Authority cited: Sections 208 and 4023.3, Health and Safety Code. Reference: Section 4024, Health and Safety Code. s 64417. Siting Requirements. (a) A person operating a public water system shall notify the Department prior to making any financial commitment for or initiation of construction of a new public water system or increasing the capacity of an existing public water system. To the extent practicable, no part of a new or expanded facility shall be: (1) Subject to pollution or contamination from any point or nonpoint sources. (2) Subject to a significant risk from natural disasters which could cause a breakdown of the public water system or a portion thereof. (3) Within the flood plain of a 100-year flood or lower than any recorded high tide, except for intake structures. Note: Authority cited: Sections 208 and 4026, Health and Safety Code. Reference: Section 4024, Health and Safety Code. s 64419. Agricultural Water Service Exceptions. s 64421. General Requirements. (a) Each water supplier shall: (1) Develop a routine sample siting plan as required in Section 64422; (2) Collect routine, repeat and replacement samples as required in Sections 64423, 64424, and 64425; (3) Have all samples analyzed by laboratories approved to perform those analyses by the Department and report results as required in Section 64423.1; (4) Notify the Department when there is an increase in coliform bacteria in bacteriological samples as required in Section 64426; and (5) Comply with the Maximum Contaminant Level as required in Section 64426.1. (b) Water suppliers shall perform additional bacteriological monitoring as follows: (1) After construction or repair of wells; (2) After main installation or repair; (3) After construction, repair, or maintenance of storage facilities; and (4) After any system pressure loss to less than five psi. Samples collected shall represent the water quality in the affected portions of the system. Note: Authority cited: Sections 208 and 4023.3, Health and Safety Code. Reference: Section 4023.3, Health and Safety Code. s 64422. Routine Sample Siting Plan. (a) By September 1, 1992, each water supplier shall develop and submit to the Department a siting plan for the routine collection of samples for total coliform analysis, subject to the following: (1) The sample sites chosen shall be representative of water throughout the distribution system including all pressure zones, and areas supplied by each water source and distribution reservoir. (2) The water supplier may rotate sampling among the sample sites if the total number of sites needed to comply with (a)(1) above exceeds the number of samples required according to Table 64423-A. The rotation plan shall be described in the sample siting plan. (b) If personnel other than certified operators will be performing field tests and/or collecting samples, the sample siting plan shall include a declaration that such personnel have been trained, pursuant to Section 64415 (b). (c) The supplier shall submit an updated plan to the Department at least once every ten years and at any time the plan no longer ensures representative monitoring of the system. Note: Authority cited: Sections 208 and 4023.3, Health and Safety Code. Reference: Section 4024, Health and Safety Code. s 64423. Routine Sampling. (a) Each water supplier shall collect routine bacteriological water samples as follows: (1) The minimum number of samples for community water systems shall be based on the known population served or the total number of service connections, whichever results in the greater number of samples, as shown in Table 64423-A. A community water system using groundwater which serves 25-1000 persons may request from the Department a reduction in monitoring frequency. The minimum reduced frequency shall not be less than one sample per quarter. (2) The minimum number of samples for nontransient-noncommunity water systems shall be based on the known population served as shown in Table 64423-A during those months when the system is operating. A nontransient-noncommunity water system using groundwater which serves 25-1000 persons may request from the Department a reduction in monitoring frequency if it has not violated the requirements in this article during the past twelve months. The minimum reduced frequency shall not be less than one sample per quarter. (3) The minimum number of samples for transient-noncommunity water systems using groundwater and serving 1000 or fewer persons a month shall be one in each calendar quarter during which the system provides water to the public. (4) The minimum number of samples for transient-noncommunity water systems using groundwater and serving more than 1000 persons during any month shall be based on the known population served as shown in Table 64423-A, except that the water supplier may request from the Department a reduction in monitoring for any month the system serves 1000 persons or fewer. The minimum reduced frequency shall not be less than one sample in each calendar quarter during which the system provides water to the public. (5) The minimum number of samples for transient-noncommunity water systems using approved surface water shall be based on the population served as shown in Table 64423-A. A system using groundwater under the direct influence of surface water shall begin monitoring at this frequency by the end of the sixth month after the Department has designated the source to be approved surface water. (6) A public water system shall collect samples at regular time intervals throughout the month, except that a system using groundwater which serves 4,900 persons or fewer may collect all required samples on a single day if they are taken from different sites. (b) In addition to the minimum sampling requirements, all water suppliers using approved surface water which do not practice treatment in compliance with Sections 64650 through 64666, shall collect a minimum of one sample before or at the first service connection each day during which the turbidity level of the water delivered to the system exceeds 1 NTU. The sample shall be collected within 24 hours of the exceedance and shall be analyzed for total coliforms. If the water supplier is unable to collect and/or analyze the sample within the 24-hour time period because of extenuating circumstances beyond its control, the supplier shall notify the Department within the 24-hour time period and may request an extension. Sample results shall be included in determining compliance with the MCL for total coliforms in Section 64426.1. (c) If any routine, repeat, or replacement sample is total coliform-positive, then the water supplier shall collect repeat samples in accordance with Section 64424 and comply with the reporting requirements specified in Sections 64426 and 64426.1. Table 64423-A Minimum Number of Routine Total Coliform Samples Monthly Minimum Population Served Service Connections Number of Samples 25 to 1000 15 to 400 1 per month 1,001 to 2,500 401 to 890 2 " 2,501 to 3,300 891 to 1,180 3 " 3,301 to 4,100 1,181 to 1,460 4 " 4,101 to 4,900 1,461 to 1,750 5 " 4,901 to 5,800 1,751 to 2,100 6 " 5,801 to 6,700 2,101 to 2,400 7 " 6,701 to 7,600 2,401 to 2,700 2 per week 7,601 to 12,900 2,701 to 4,600 3 " 12,901 to 17,200 4,601 to 6,100 4 " 17,201 to 21,500 6,101 to 7,700 5 " 21,501 to 25,000 7,701 to 8,900 6 " 25,001 to 33,000 8,901 to 11,800 8 " 33,001 to 41,000 11,801 to 14,600 10 " 41,001 to 50,000 14,601 to 17,900 12 " 50,001 to 59,000 17,901 to 21,100 15 " 59,001 to 70,000 21,101 to 25,000 18 " 70,001 to 83,000 25,001 to 29,600 20 " 83,001 to 96,000 29,601 to 34,300 23 " 96,001 to 130,000 34,301 to 46,400 25 " 130,001 to 220,000 46,401 to 78,600 30 " 220,001 to 320,000 78,601 to 114,300 38 " 320,001 to 450,000 114,301 to 160,700 50 " 450,001 to 600,000 160,701 to 214,300 55 " 600,001 to 780,000 214,301 to 278,600 60 " 780,001 to 970,000 278,601 to 346,400 70 " 970,001 to 1,230,000 346,401 to 439,300 75 " 1,230,001 to 1,520,000 439,301 to 542,900 85 " 1,520,001 to 1,850,000 542,901 to 660,700 90 " 1,850,001 to 2,270,000 660,701 to 810,700 98 " 2,270,001 to 3,020,000 810,701 to 1,078,600 105 " 3,020,001 to 3,960,000 1,078,601 to 1,414,300 110 " 3,960,001 or more 1,414,301 or more 120 " Note: Authority cited: Sections 208 and 4023.3, Health and Safety Code. Reference: Sections 4023.3, 4024 and 4026.4, Health and Safety Code. s 64423.1. Sample Analysis and Reporting of Results. (a) The water supplier shall designate (label) each sample as routine, repeat, replacement, or "other" pursuant to Section 64421(b), and have each sample analyzed for total coliforms. The supplier also shall require the laboratory to analyze the same sample for fecal coliforms or Escherichia coli (E. coli) whenever the presence of total coliforms is indicated. As a minimum, the analytical results shall be reported in terms of the presence or absence of total or fecal coliforms, or E. coli in the sample, whichever is appropriate. (b) The water supplier shall require the laboratory to notify the supplier within 24 hours, whenever the presence of total coliforms, fecal coliforms or E. coli is demonstrated in a sample or a sample is invalidated due to interference problems, pursuant to Section 64425(b), and shall ensure that a contact person is available to receive these analytical results 24-hours a day. The water supplier shall also require the laboratory to immediately notify the Department of any positive bacteriological results if the laboratory cannot make direct contact with the designated contact person within 24 hours. (c) Analytical results of all required samples collected for a system in a calendar month shall be reported to the Department not later than the tenth day of the following month, as follows: (1) The water supplier shall submit a monthly summary of the bacteriological monitoring results to the Department. (2) For systems serving fewer than 10,000 service connections or 33,000 persons, the water supplier shall require the laboratory to submit copies of all required bacteriological monitoring results directly to the Department. (3) For systems serving more than 10,000 service connections, or 33,000 persons, the water supplier shall require the laboratory to submit copies of bacteriological monitoring results for all positive routine samples and all repeat samples directly to the Department. (d) Laboratory reports shall be retained by the water supplier for a period of at least five years and shall be made available to the Department upon request. Note: Authority cited: Sections 100275 and 116375, Health and Safety Code. Reference: Section 116385, Health and Safety Code. s 64424. Repeat Sampling. (a) If a routine sample is total coliform-positive, the water supplier shall collect a repeat sample set as described in paragraph (a)(1) within 24 hours of being notified of the positive result. The repeat samples shall all be collected within the same 24 hour time period. A single service connection system may request that the Department allow the collection of the repeat sample set over a four-day period. (1) For a water supplier that normally collects more than one routine sample a month, a repeat sample set shall be at least three samples for each total coliform-positive sample. For a water supplier that normally collects one or fewer samples per month, a repeat sample set shall be at least four samples for each total coliform-positive sample. (2) If the water supplier is unable to collect the samples within the 24-hour time period specified in subsection (a) or deliver the samples to the laboratory within 24 hours after collection because of circumstances beyond its control, the water supplier shall notify the Department within 24 hours. The Department will then determine how much time the supplier will have to collect the repeat samples. (b) When collecting the repeat sample set, the water supplier shall collect at least one repeat sample from the sampling tap where the original total coliform-positive sample was taken. Other repeat samples shall be collected within five service connections upstream or downstream of the original site. At least one sample shall be from upstream and one from downstream unless there is no upstream and/or downstream service connection. (c) If one or more samples in the repeat sample set is total coliform-positive, the water supplier shall collect and have analyzed an additional set of repeat samples as specified in subsections (a) and (b). The supplier shall repeat this process until either no coliforms are detected in one complete repeat sample set or the supplier determines that the MCL for total coliforms specified in Section 64426.1 has been exceeded and notifies the Department. (d) If a public water system for which fewer than five routine samples/month are collected has one or more total coliform-positive samples, the water supplier shall collect at least five routine samples the following month. If the supplier stops supplying water during the month after the total coliform-positive(s), at least five samples shall be collected during the first month the system resumes operation. A water supplier may request the Department waive the requirement to collect at least five routine samples the following month, but a waiver will not be granted solely on the basis that all repeat samples are total coliform-negative. To request a waiver, one of the following conditions shall be met: (1) The Department conducts a site visit before the end of the next month the system provides water to the public to determine whether additional monitoring and/or corrective action is necessary to protect public health. (2) The Department determines why the sample was total coliform-positive and establishes that the system has corrected the problem or will correct the problem before the end of the next month the system serves water to the public. If a waiver is granted, a system shall collect at least one routine sample before the end of the next month it serves water to the public and use it to determine compliance with Section 64426.1. Note: Authority cited: Sections 208 and 4023.3, Health and Safety Code. Reference: Section 4023.3, Health and Safety Code. s 64425. Sample Invalidation. (a) A water supplier may request the Department to invalidate a sample for which a total coliform-positive result has been reported if the supplier demonstrates: (1) All repeat sample(s) collected at the same tap as the original total coliform-positive sample also are total coliform- positive and all repeat samples collected within five service connections of the original tap are not total coliform-positive; or (2) The laboratory did not follow the prescribed analytical methods pursuant to Section 64415(a), based on a review of laboratory documentation by the Department. The supplier shall submit to the Department a written request for invalidation along with the laboratory documentation, the supplier's sample collection records and any observations noted during sample collection and delivery. The water supplier shall require the laboratory to provide the supplier with documentation which shall include, but not be limited to: (A) A letter from the director of the laboratory having generated the data, confirming the invalidation request by reason of laboratory accident or error; (B) Complete sample identification, laboratory sample log number (if used), date and time of collection, date and time of receipt by the laboratory, date and time of analysis for the sample(s) in question; (C) Complete description of the accident or error alleged to have invalidated the result(s); (D) Copies of all analytical, operating, and quality assurance records pertaining to the incident in question; and (E) Any observations noted by laboratory personnel when receiving and analyzing the sample(s) in question. (b) Whenever any total coliform sample result indicative of the absence of total coliforms has been declared invalid by the laboratory due to interference problems as specified at 40 Code Federal Regulations, Section 141.21(c)(2), the supplier shall collect a replacement sample from the same location as the original sample within 24 hours of being notified of the interference problem, and have it analyzed for the presence of total coliforms. The supplier shall continue to re-sample at the original site within 24 hours and have the samples analyzed until a valid result is obtained. Note: Authority cited: Sections 208 and 4023.3, Health and Safety Code. Reference: Section 4023.3, Health and Safety Code. s 64426. Significant Rise in Bacterial Count. (a) Any of the following criteria shall indicate a possible significant rise in bacterial count: (1) A system collecting at least 40 samples per month has a total coliform-positive routine sample followed by two total coliform-positive repeat samples in the repeat sample set; (2) A system has a sample which is positive for fecal coliform or E. coli; or (3) A system fails the total coliform Maximum Contaminant Level (MCL) as defined in Section 64426.1. (b) When the coliform levels specified in subsection (a) are reached or exceeded, the water supplier shall: (1) Contact the Department by the end of the day on which the system is notified of the test result or the system determines that it has exceeded the MCL, unless the notification or determination occurs after the Department office is closed, in which case the supplier shall notify the Department within 24 hours; and (2) Submit to the Department information on the current status of physical works and operating procedures which may have caused the elevated bacteriological findings, or any information on community illness suspected of being waterborne. This shall include, but not be limited to: (A) Current operating procedures that are or could potentially be related to the increase in bacterial count; (B) Any interruptions in the treatment process; (C) System pressure loss to less than 5 psi; (D) Vandalism and/or unauthorized access to facilities; (E) Physical evidence indicating bacteriological contamination of facilities; (F) Analytical results of any additional samples collected, including source samples; (G) Community illness suspected of being waterborne; and (H) Records of the investigation and any action taken. (c) Upon receiving notification from the Department of a significant rise in bacterial count, the water supplier shall implement the emergency notification plan required by Section 4029, Health and Safety Code. Note: Authority cited: Sections 208 and 4023.3, Health and Safety Code. Reference: Section 4029, Health and Safety Code. s 64426.1. Total Coliform Maximum Contaminant Level (MCL). (a) Results of all samples collected in a calendar month pursuant to Sections 64423, 64424, and 64425 that are not invalidated by the Department or the laboratory shall be included in determining compliance with the total coliform MCL. Special purpose samples such as those listed in Section 64421(b) and samples collected by the water supplier during special investigations shall not be used to determine compliance with the total coliform MCL. (b) A public water system is in violation of the total coliform MCL when any of the following occurs: (1) For a public water system which collects at least 40 samples per month, more than 5.0 percent of the samples collected during any month are total coliform-positive; or (2) For a public water system which collects fewer than 40 samples per month, more than one sample collected during any month is total coliform-positive; or (3) Any repeat sample is fecal coliform-positive or E. coli-positive; or (4) Any repeat sample following a fecal coliform-positive or E. coli-positive routine sample is total coliform-positive. (c) If a public water system is not in compliance with paragraphs (b)(1) through (4), during any month in which it supplies water to the public, the water supplier shall notify the Department by the end of the business day on which this is determined, unless the determination occurs after the Department office is closed, in which case the supplier shall notify the Department within 24 hours of the determination. The water supplier shall also notify the consumers served by the water system. A Tier 2 Public Notice shall be given for violations of paragraphs (b)(1) or (2), pursuant to section 64463.4. A Tier 1 Public Notice shall be given for violations of paragraphs (b)(3) or (4), pursuant to section 64463.1. Note: Authority cited: Sections 100275 and 116375, Health and Safety Code. Reference: Section 116375, Health and Safety Code. s 64426.5. Variance from Total Coliform Maximum Contaminant Level. A water system may apply to the Department for a variance from the total coliform MCL in section 64426.1(b)(1) or (2). To be eligible for a variance, the water system shall demonstrate that it meets the following criteria: (a) During the thirty days prior to application for a variance, water entering the distribution system has: (1) Been free from fecal coliform or E. coli occurrence based on at least daily sampling; (2) Contained less than one total coliform per hundred milliliters of water in at least ninety-five per cent of all samples based on at least daily sampling; (3) Complied with the turbidity requirements of section 64653, if approved surface water; and (4) Maintained a continuous disinfection residual of at least 0.2 mg/L at the entry point(s) to the distribution system; (b) The system has had no waterborne microbial disease outbreak, pursuant to section 64651.91, while operated in its present configuration; (c) The system maintains contact at least twice a week with the Department and local health departments to assess illness possibly attributable to microbial occurrence in the public drinking water system; (d) The system has analyzed, on a monthly basis, at least the number of samples required pursuant to the approved sample siting plan and has not had an E. coli-positive compliance sample within the last six months, unless the system demonstrates to the Department that the occurrence is not due to contamination entering the distribution system; (e) The system has undergone a sanitary survey conducted by the Department within the past twelve months; (f) The system maintains a cross-connection control program in accordance with sections 7583 through 7605, title 17 of the California Code of Regulations; (g) The system agrees to submit a biofilm control plan to the Department within twelve months of the granting of the first request for a variance; (h) The system monitors general distribution system bacterial quality by conducting heterotrophic bacteria plate counts on at least a weekly basis at a minimum of ten percent of the number of total coliform sites specified in the approved sample siting plan (preferably using the methods in section 9215(a), 18th edition of Standard Methods for the Examination of Water and Wastewater, 1992, American Public Health Association, et. al); and (i) The system conducts daily monitoring at distribution systemtotal coliform monitoring sites approved by the Department and maintains a detectable disinfectant residual at a minimum of ninety-five percent of those points and a heterotrophic plate count of less than 500 colonies per ml at sites without a disinfectant residual. (j) No water system shall be eligible for a variance or exemption from the MCL for total coliforms unless it demonstrates that the violation of the total coliform MCL is due to a persistent growth of total coliforms in the distribution system pursuant to section 64426.5, rather than to fecal or pathogenic contamination, a treatment lapse or deficiency, or a problem in the operation or maintenance of the distribution system. Note: Authority cited: Sections 100275 and 116375, Health and Safety Code. Reference: Section 116430(a), Health and Safety Code. s 64427. Sanitary Survey. Systems which collect less than five routine samples per month shall be subject to an initial sanitary survey by the Department by June 29, 1994 for community water systems and June 29, 1999 for nontransient-noncommunity and transient-noncommunity water systems. Sanitary surveys shall be repeated every five years. Note: Authority cited: Sections 208 and 4023.3, Health and Safety Code. Reference: Section 4023.3, Health and Safety Code. s 64430. Best Available Technology (BAT). Note: Authority cited: Section 4023.2, Health and Safety Code. Reference: Section 4021, Health and Safety Code. s 64431. Maximum Contaminant Levels -Inorganic Chemicals. (a) The primary MCLs for the drinking water chemicals shown in Table 64431-A shall not be exceeded in the water supplied to the public. Table 64431-A Maximum Contaminant Levels Inorganic Chemicals Maximum Contaminant Chemical Level, mg/L Aluminum 1. Antimony 0.006 Arsenic 0.05 Asbestos 7 MFL [FNa1] Barium 1. Beryllium 0.004 Cadmium 0.005 Chromium 0.05 Cyanide 0.15 Fluoride 2.0 Mercury 0.002 Nickel 0.1 Nitrate (as NO3 45. Nitrate+Nitrite (sum as nitrogen) 10. Nitrite (as nitrogen) 1. Selenium 0.05 Thallium 0.002 [FNa1] MFL=million fibers per liter; MCL for fibers exceeding 10 um in length. Note: Authority cited: Sections 100275, 116350, 116365 and 116375, Health and Safety Code. Reference: Sections 116365 and 116470, Health and Safety Code. s 64432. Monitoring and Compliance -Inorganic Chemicals. (a) All public water systems shall monitor to determine compliance with the nitrate and nitrite MCLs in Table 64431-A, pursuant to subsections 64432(c) through (e) of this section and Section 64432.1. All community and nontransient-noncommunity water systems shall also monitor to determine compliance with the MCLs in Table 64431-A, pursuant to subsections 64432(b) through (l) of this section, and Section 64432.2. Monitoring shall be conducted in the year designated by the Department of each compliance period beginning with the compliance period starting January 1, 1993. (b) The frequency of monitoring conducted to determine compliance with the MCLs for the inorganic chemicals listed in Table 64431-A, except for asbestos and nitrate/nitrite, shall be as follows: (1) Each compliance period, all community and nontransient-noncommunity systems using groundwater shall monitor once during the year designated by the Department. The Department will designate the year based on historical monitoring frequency and laboratory capacity. All community and nontransient-noncommunity systems using approved surface water shall monitor annually. All systems monitoring at distribution entry points which have combined surface and groundwater sources shall monitor annually. (2) Quarterly samples shall be collected and analyzed for any chemical if analyses of such samples indicate a continuous or persistent trend toward higher levels of that chemical, based on an evaluation of previous data. (c) For the purposes of Sections 64432, 64432.1 and 64432.2, detection shall be defined by the detection limits for purposes of reporting (DLRs) in Table 64432-A. Table 64432-A Detection Limits for Purposes of Reporting (DLRs) for Regulated Inorganic Chemicals Detection Limit for Chemical Purposes of Reporting (DLR) (mg/L) Aluminum 0.05 Antimony 0.006 Arsenic 0.002 Asbestos 0.2 MFL>10um [FNa1] Barium 0.1 Beryllium 0.001 Cadmium 0.001 Chromium 0.01 Cyanide 0.1 Fluoride 0.1 Mercury 0.001 Nickel 0.01 Nitrate (as NO 3) 2. Nitrite (as nitrogen) 0.4 Selenium 0.005 Thallium 0.001 [FNa1] MFL=million fibers per liter; DLR for fibers exceeding 10 um in length. (d) Samples shall be collected from each water source or a supplier may collect a minimum of one sample at every entry point to the distribution system which is representative of each source after treatment. The system shall collect each sample at the same sampling site, unless a change is approved by the Department. (e) A water system may request approval from the Department to composite samples from up to five sampling sites, provided that the number of sites to be composited is less than the ratio of the MCL to the DLR. 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. (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 inorganic chemical is detected in the composite sample at a level equal to or greater than one fifth of the MCL, a follow-up sample shall be analyzed within 14 days from each sampling site included in the composite for the contaminants which exceeded the one-fifth-MCL level. If available, duplicates of the original sample taken from each sampling site used in the composite may be used instead of resampling; the analytical results shall be reported within 14 days. The water supplier may collect up to two additional samples each from one or more of the sources to confirm the result(s). (3) Compliance for each site shall be determined on the basis of the individual follow-up samples, or on the average of the follow-up and confirmation sample(s) if the supplier collects confirmation sample(s) for each detection. (f) If the level of any inorganic chemical, except for nitrate, nitrite, or nitrate plus nitrite, exceeds the MCL, the water supplier shall do one of the following: (1) Inform the Department within 48 hours and monitor quarterly beginning in the next quarter after the violation occurred; or (2) Inform the Department within seven days from the receipt of the analysis and collect one additional sample within 14 days to confirm the result. If the average of the two samples collected exceeds the MCL, this information shall be reported to the Department within 48 hours and the water supplier shall monitor quarterly beginning in the next quarter after the violation occurred. (g) For systems monitoring quarterly, compliance shall be determined by a running annual average; if any one sample would cause the annual average to exceed the MCL, the system is out of compliance immediately. For systems monitoring annually or less frequently, compliance shall be determined based on the initial sample or the average of the initial and confirmation samples, if a confirmation sample is collected. (h) If a system using groundwater has collected a minimum of two quarterly samples or a system using approved surface water has collected a minimum of four quarterly samples and the sample results have been below the MCL, the system may apply to the Department for a reduction in monitoring frequency. (i) Water quality data collected prior to January 1, 1990, 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 inorganic chemicals. (j) 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. (k) A water system may apply to the Department for a waiver from the monitoring frequencies specified in paragraph (b)(1) of this section, if the system has conducted at least three rounds of monitoring (three periods for groundwater sources or three years for approved surface water sources) and all previous analytical results are less than the MCL. The water system shall specify the basis for its request. If granted a waiver, a system shall collect a minimum of one sample per source while the waiver is in effect and the term of the waiver shall not exceed one compliance cycle (i.e., nine years). (l) A water system may be eligible for a waiver from the monitoring frequencies for cyanide specified in paragraph (b)(1) of this section without any prior monitoring if it is able to document that it is not vulnerable to cyanide contamination pursuant to the requirements in section 64445(d)(1) or (d)(2). (m) Transient-noncommunity water systems shall monitor for inorganic chemicals as follows: (1) All sources shall be monitored at least once for fluoride; (2) Surface water sources for parks and other facilities with an average daily population use of more than 1000 people and/or which are determined to be subject to potential contamination based on a sanitary survey shall be monitored at the same frequency as community water systems. Note: Authority cited: Sections 100275 and 116375, Health and Safety Code. Reference: Section 116385, Health and Safety Code. s 64432.1. Monitoring and Compliance -Nitrate and Nitrite. (a) To determine compliance with the MCL for nitrate in Table 64431-A, all public water systems using groundwater and transient-noncommunity systems using approved surface water shall monitor annually, and all community and nontransient-noncommunity systems using approved surface water shall monitor quarterly. (1) The water supplier shall require the laboratory to notify the supplier within 24 hours whenever the level of nitrate in a single sample exceeds the MCL, and shall ensure that a contact person is available to receive such analytical results 24-hours a day. The water supplier shall also require the laboratory to immediately notify the Department of any acute nitrate MCL exceedance if the laboratory cannot make direct contact with the designated contact person within 24 hours. Within 24 hours of notification, the water supplier shall: (A) Collect another sample, and (B) Analyze the new sample; if the average of the two nitrate sample results exceeds the MCL, report the result to the Department within 24 hours. If the average does not exceed the MCL, inform the Department of the results within seven days from the receipt of the original analysis. (C) If a system is unable to resample within 24 hours, it shall notify the consumers by issuing a Tier 1 Public Notice pursuant to section 64463.1 and shall collect and analyze a confirmation sample within two weeks of notification of the results of the first sample. (2) For public water systems using groundwater, the repeat monitoring frequency shall be quarterly for at least one year following any one sample in which the concentration is greater than or equal to 50 percent of the MCL. After four consecutive quarterly samples are less than the MCL, a system may request that the Department reduce monitoring frequency to annual sampling. (3) For public water systems using approved surface water, the repeat monitoring frequency shall be quarterly following any one sample in which the concentration is greater than or equal to 50 percent of the MCL. After four consecutive quarterly samples are less than 50 percent of the MCL, a system may request that the Department reduce monitoring frequency to annual sampling. A system using approved surface water shall return to quarterly monitoring if any one sample is greater than or equal to 50 percent of the MCL. (4) After any round of quarterly sampling is completed, each community and nontransient-noncommunity system which initiates annual monitoring shall take subsequent samples during the quarter which previously resulted in the highest analytical results. (b) All public water systems shall monitor to determine compliance with the MCL for nitrite in Table 64431-A, by taking one sample at each sampling site during the compliance period beginning January 1, 1993. (1) If the level of nitrite in a single sample is greater than the MCL, the water supplier shall proceed as for nitrate in accordance with paragraph (a)(1) of this section. (2) The repeat monitoring frequency for systems with an analytical result for nitrite that is greater than or equal to 50 percent of the MCL shall be quarterly monitoring for at least one year. After four consecutive quarterly samples are less than the MCL, a system may request that the Department reduce monitoring frequency to annual sampling, collecting subsequent samples during the quarter which previously resulted in the highest analytical results. (3) The repeat monitoring frequency for systems with an analytical result for nitrite that is less than 50 percent of the MCL shall be one sample during each compliance period (every three years). (c) All public water systems shall determine compliance with the MCL for nitrate plus nitrite in Table 64431-A. If the level exceeds the MCL, the water supplier shall proceed as for nitrate in accordance with paragraphs (a)(1) through (a)(4) of this section. Note: Authority cited: Sections 100275 and 116375, Health and Safety Code. Reference: Section 116385, Health and Safety Code. s 64432.2. Monitoring and Compliance - Asbestos. (a) All community and nontransient-noncommunity water systems are required to monitor to determine compliance with the MCL for asbestos in Table 64431-A during the year designated by the Department of the first compliance period of each nine-year compliance cycle, beginning in the compliance period starting January 1, 1993. The Department will designate the year based on historical monitoring frequency and laboratory capacity. (1) If a groundwater system is vulnerable to asbestos contamination solely in its source water, it shall collect one sample at every entry point to the distribution system which is representative of each water source after treatment and proceed in accordance with Subsections 64432(b)(2) through (d) and Subsections 64432(f) through (j). (2) All approved surface water systems shall be designated vulnerable to asbestos contamination in their source waters. If a surface water system is vulnerable solely in its source water, it shall proceed as in paragraph (1) above. (3) If a system is vulnerable to asbestos contamination due to leaching of asbestos-cement pipe, with or without vulnerability to asbestos contamination in its source water, it shall take one sample at a tap served by asbestos-cement pipe under conditions where asbestos contamination is most likely to occur. (b) If the level of asbestos exceeds the MCL in Table 64431-A, the supplier shall report to the Department within 48 hours and monitor quarterly beginning in the next quarter after the violation occurred. A system may request that the Department reduce monitoring frequency to one sample every compliance cycle, pursuant to Section 64432(h). (c) If a system is not vulnerable either to asbestos contamination in its source water or due to leaching of asbestos-cement pipe, it may apply to the Department for a waiver of the monitoring requirements in paragraphs (a)(1) through (3) of this section. The Department will determine the vulnerability of groundwater sources on the basis of historical monitoring data and possible influence of serpentine formations. Vulnerability due to leaching of asbestos-cement pipe will be determined by the Department on the basis of the presence of such pipe in the distribution system and evaluation of the corrosivity of the water. The period of the waiver shall be three years. Note: Authority cited: Sections 208 and 4023.3, Health and Safety Code. Reference: Section 4024, Health and Safety Code. s 64433. System Requirements and Exemptions. (a) Any public water system with 10,000 service connections or more that does not have a fluoridation system shall install such a system pursuant to the requirements in this article if the Department identifies a source of sufficient funds not excluded by Health and Safety Code section 116415 to cover capital and any associated costs necessary to install such a system. Installation shall be completed within two years of the date the funds are received by the water system; the water system may apply to the Department for an extension of the deadline. Following installation, if the Department identifies a source of sufficient funds not excluded by Health and Safety Code section 116415 to cover the noncapital operations and maintenance costs for the period of a year or more, the system shall fluoridate within three months of receiving the funds and shall continue fluoridating so long as such funds are received. (b) Any public water system with 10,000 service connections or more that has a fluoridation system but ceased fluoridating prior to December 31, 1995 shall fluoridate the drinking water if its fluoridation system is determined to be capable of fluoridating the drinking water in compliance with Section 64433.2, based on a Departmental review, and the Department identifies a source of sufficient funds not excluded by Health and Safety Code section 116415 to cover the noncapital operations and maintenance costs for the period of a year or more. Such a system shall fluoridate within one month of receiving the funds and shall continue fluoridating so long as such funds are received. (c) Any public water system required to install a fluoridation system pursuant to subsection (a) or required to fluoridate pursuant to subsection (b) shall annually submit an estimate of anticipated fluoridation operations and maintenance costs for the next fiscal year (July 1 through June 30) to the Department by the January 1 preceding that fiscal year. (d) Any public water system with 10,000 service connections or more that has naturally-occurring fluoride and cannot demonstrate that it maintains an average annual fluoride level that is equal to or greater than the low level specified in the temperature-appropriate "control range" in Table 64433.2-A shall be subject to subsections (a) and (b). (e) Any public water system which achieves 10,000 service connections or more subsequent to July 1, 1996, that does not have a fluoridation system, or that has naturally-occurring fluoride and meets the criteria in subsection (d) shall provide an estimate to the Department of capital and any associated costs necessary to install a fluoridation system within one year of achieving at least 10,000 service connections: (f) Any public water system with 10,000 service connections or more shall be exempted from fluoridation in either of the following cases: (1) The water system does not receive sufficient funds from a source identified by the Department and not excluded by Health and Safety Code section 116415 to cover the capital and associated costs needed to install a fluoridation system; or (2) The water system received sufficient capital funds from a source identified by the Department and not excluded by Health and Safety Code section 116415 and subsequently installed a fluoridation system or the water system meets the criteria in subsection (b), and the water system did not receive sufficient funds from a source identified by the Department and not excluded by Health and Safety Code section 116415 to cover the noncapital operation and maintenance costs to fluoridate. The water system shall be exempted for any fiscal year (July 1 through June 30) for which it does not receive the funds for noncapital operation and maintenance costs. Note: Authority cited: Sections 100275, 116410 and 116415, Health and Safety Code. Reference: Sections 116410 and 116415, Health and Safety Code. s 64433.2. Optimal Fluoride Levels. Any public water system that is fluoridating shall comply with the temperature-appropriate fluoride levels in Table 64433.2-A. The system shall determine, and submit to the Department, its annual average of maximum daily air temperatures based on the five calendar years immediately preceding the current calendar year. Table 64433.2-A Optimal Fluoride Levels Annual average of maximum Optimal Control Range, mg/L daily air temperatures, degrees fluoride Low High Fahrenheit Celsius level, mg/L 50.0 to 53.7 10.0 to 12.0 1.2 1.1 1.7 53.8 to 58.3 12.1 to 14.6 1.1 1.0 1.6 58.4 to 63.8 14.7 to 17.7 1.0 0.9 1.5 63.9 to 70.6 17.8 to 21.4 0.9 0.8 1.4 70.7 to 79.2 21.5 to 26.2 0.8 0.7 1.3 79.3 to 90.5 26.3 to 32.5 0.7 0.6 1.2 Note: Authority cited: Sections 100275, 116410 and 116415, Health and Safety Code. Reference: Sections 116410 and 116415, Health and Safety Code. s 64433.3. Monitoring and Compliance -Fluoride Levels. (a) If a water system has a single fluoridation system which treats all the water distributed to consumers, the supplier shall collect a daily sample for fluoride analysis, pursuant to Section 64415(b), either in the distribution system or at the entry point. If a water system does not fluoridate all its water and/or has more than one fluoridation system, the supplier shall collect one sample daily in the distribution system and rotate the sample sites in order to be representative of the water throughout the distribution system according to a monitoring plan the Department has determined to be representative. For water systems fluoridating as of January 1, 1997, the plan shall be submitted by July 1, 1998. For all others, the plan shall be submitted prior to initiating fluoridation treatment. A water system shall monitor only when it is operating its fluoridation system. (b) If more than 20 percent of the daily fluoride samples collected in a month by a water system pursuant to subsection (a) fall outside the control range of optimal levels as determined by temperature for that system pursuant to Section 64433.2, the system shall be out of compliance with Section 64433.2. (c) At least once a month, any water supplier with an operating fluoridation system shall divide one sample and have one portion analyzed for fluoride by water system personnel and the other portion analyzed pursuant to Section 64415(a). (d) Any water system with an operating fluoridation system shall sample the raw source waters annually and analyze for fluoride pursuant to Section 64415(a); samples collected pursuant to Section 64432(b)(1) may be used toward satisfying this requirement. All raw source water samples collected under this subsection are subject to compliance with the fluoride MCL in Table 64431-A. (e) If any sample result obtained pursuant to subsection (a) does not fall within the temperature-appropriate fluoride level control range in Table 64433.2-A, the water supplier shall take action as detailed in the water system's approved fluoridation system operations contingency plan as specified in section 64433.8. Note: Authority cited: Sections 100275, 116385, 116410 and 116415, Health and Safety Code. Reference: Sections 116365, 116410 and 116415, Health and Safety Code. s 64433.5. Fluoridation System. Each fluoridation system installed or modified after January 1, 1997, shall meet the following criteria, as a minimum: (a) Operate only when a flow of water is detected. If the water system serves less than 200 service connections, a secondary flow-based control device shall be provided as back-up protection; (b) Provide flow measuring and recording equipment for the fluoride addition; (c) Provide design and reliability features to maintain the level of fluoride within the temperature-appropriate control range 95 per cent of the time; (d) Provide for containment of spills; and (e) Provide alarm features for fluoride chemical feed and fluoride spills. Note: Authority cited: Sections 100275, 116410 and 116415, Health and Safety Code. Reference: Sections 116410 and 116415, Health and Safety Code. s 64433.7. Recordkeeping, Reporting, and Notification for Water Systems Fluoridating. (a) By the tenth day of each month following the month being reported, each water supplier fluoridating its water supply shall send operational reports to the Department which include the following: (1) The fluoride compounds used and the calculated fluoride dose in mg/L; (2) Information on any interruptions in the fluoridation treatment which may have occurred during the month including the duration of the interruptions, an explanation of causes, and what corrective actions were taken to insure that fluoridation treatment was resumed in a timely manner; (3) The results of the daily monitoring for fluoride in the water distribution system, reported in terms of daily results, and ranges and the number of samples collected; and (4) The results of monthly split sample(s) analyzed pursuant to Section 64433.3(c). (b) For water systems that fluoridated the previous fiscal year (July 1 through June 30), the water supplier shall report the operations and maintenance costs for that year to the Department by August 1. (c) Whenever a water system initiates fluoridation, suspends fluoridation for more than ninety days, or reinitiates fluoridation after a suspension of more than ninety days, the water supplier shall notify the consumers, local health departments, pharmacists, dentists, and physicians in the area served by the water system, regarding the status of the fluoridation treatment. If a water system with more than one fluoridation system suspends the use of one or more of its fluoridation systems, but the level of fluoride being served to the consumers is in conformance with Table 64433.2-A, no notification shall be required. (d) If a fluoride overfeed exceeding 10.0 mg/L occurs, the water system shall notify the Department by the end of the business day of the occurrence or within 24 hours if the Department office is closed. (e) If the level of fluoride in the distribution system is found to be less than the control range in Table 64433.2-A in two or more samples in a month, the water system shall notify the Department within three business days of the second occurrence. If the level of fluoride in the distribution system is found to be 0.1 mg/L or more above the control range up to 10.0 mg/L, the water supplier shall notify the Department within three business days of the occurrence. Note: Authority cited: Sections 100275, 116410, 116415 and 116450, Health and Safety Code. Reference: Sections 116410, 116415 and 116450, Health and Safety Code. s 64433.8. Fluoridation System Operations Contingency Plan. (a) Water systems fluoridating as of July 1, 1996 shall submit a fluoridation system operations contingency plan by July 1, 1998. All other water systems shall submit the plan at least three months before initiating fluoridation treatment. All fluoridating water systems shall operate in accordance with a fluoridation system operations contingency plan determined by the Department to include the elements in subsection (b). (b) A fluoridation system operation contingency plan shall include, but not be limited to, the following elements: (1) Actions to be implemented by the water supplier in the event that the fluoride level in a distribution system sample is found to be less than the control range in Table 64433.2-A, 0.1 mg/L above the control range up to a fluoride level of 2.0 mg/L, from 2.1 to a level of 4.0 mg/L, from 4.1 to a level of 10.0 mg/L, or above a level of 10.0 mg/L. (2) The procedure for shutting down the fluoridation equipment if there is a fluoride overfeed and the need to do so is identified by the Department and/or the water supplier; (3) The procedure for investigating the cause of an underfeed or overfeed; (4) A list of water system, county health department, and Department personnel with day and evening phone numbers to be notified by the end of the business day of the occurrence or within 24 hours if the Department office is closed in the event of an overfeed exceeding 10.0 mg/L; and (5) The procedure for notifying the public if instructed to do so by the Department in the event of a fluoride underfeed extending for more than three months or a fluoride overfeed exceeding 10.0 mg/L. Note: Authority cited: Sections 100275, 116410 and 116415, Health and Safety Code. Reference: Sections 116410, 116415 and 116450, Health and Safety Code. s 64434. Water System Priority Funding Schedule. Public water systems with 10,000 service connections or more that are not fluoridating as of July 1, 1996, shall install fluoridation systems and initiate fluoridation according to the order established in Table 64434-A, as the water systems receive funds from sources identified by the Department, pursuant to Health and Safety Code section 116415. Table 64434-A Water System Priority Funding Schedule SYSTEM No. SYSTEM NAME PRIORITY 3710010 Helix Water District 1 5610017 Ventura, City of 2 4110013 Daly City, City of 3 3710006 Escondido, City of 4 4210011 Santa Maria, City of 5 3410009 Fair Oaks Water District 6 1910083 Manhattan Beach, City of 7 3710025 Sweetwater Authority 8 4210010 Santa Barbara, City of 9 0910001 El Dorado Irrigation District 10 3410006 Citrus Heights Water District 11 4410010 Santa Cruz, City of 12 3610039 San Bernardino, City of 13 3310009 Eastern Municipal Water District 14 3710037 Padre Dam Municipal Water District 15 1910067 Los Angeles, City of 16 2810003 Napa, City of 17 3710020 San Diego, City of 18 3710034 Otay Water District 19 3310031 Riverside, City of 20 1910173 Whittier, City of 21 3410020 Sacramento, City of 22 1910139 California American Water Company - San Marino 23 3710021 San Dieguito Water District 24 3610024 Hesperia Water District 25 1910179 Burbank, City of 26 2710004 California American Water Company - Monterey 27 3310049 Western Municipal Water District 28 3010073 Moulton Niguel Water District 29 3010101 Santa Margarita Water District 30 1910239 Lakewood, City of 31 2110003 North Marin Water District 32 3010037 Yorba Linda Water District 33 3710015 Poway, City of 34 3110025 Placer County Water Agency 35 5010010 Modesto, City of 36 1910126 Pomona, City of 37 3410004 Carmichael Water District 38 1910043 Glendale, City of 39 3610018 Cucamonga Community Water District 40 3910011 Tracy, City of 41 1910234 Walnut Valley Water District 42 3910012 Stockton, City of 43 1910146 Santa Monica, City of 44 3710027 Vista Irrigation District 45 3010018 La Habra, City of 46 1910009 Valley County Water District 47 3310012 Elsinore Valley Municipal Water District 48 1910051 Inglewood, City of 49 3710005 Carlsbad Municipal Water District 50 4210004 Goleta Water District 51 1910213 Torrance, City of 52 1910152 South Gate, City of 53 1910155 Southern California Water Company - Southwest 54 1510017 Indian Wells Valley Water District 55 1910039 San Gabriel Valley Water Company - El Monte 56 1610003 Hanford, City of 57 3310037 Corona, City of 58 3010062 Garden Grove, City of 59 3610003 Apple Valley Ranchos Water Community 60 3610036 Chino Hills, City of 61 3010064 Westminster, City of 62 4310011 San Jose Water Company 63 3610012 Chino, City of 64 3910004 Lodi, City of 65 5610007 Oxnard, City of 66 1910019 Cerritos, City of 67 1910205 Suburban Water Systems - San Jose Hills 68 1910059 Suburban Water Systems - La Mirada 69 1910092 Monterey Park, City of 70 1910174 Suburban Water Systems - Whittier 71 1910026 Compton, City of 72 1910124 Pasadena, City of 73 3310022 Lake Hemet Municipal Water District 74 1910142 Southern California Water Company - San Dimas 75 4510005 Redding, City of 76 3610037 Redlands, City of 77 3910005 Manteca, City of 78 3710014 Oceanside, City of 79 3610038 Rialto, City of 80 4310022 Great Oaks Water Company 81 4310014 Sunnyvale, City of 82 3310021 Jurupa Community Services District 83 3410001 Arcade- Town & County 84 3610052 Victor Valley Water District 85 3010023 Newport Beach, City of 86 3610064 East Valley Water District 87 1910225 Las Virgenes Municipal Water District 88 3710001 California American Water Company - Coronado 89 3610034 Ontario, City of 90 3910001 California Water Service Company - Stockton 91 1910033 Dominguez Water Agency 92 5410015 Tulare, City of 93 5710006 Woodland, City of 94 3710029 Olivenhain Municipal Water District 95 1910003 Arcadia, City of 96 1910008 Azusa Valley Water Company 97 4410011 Watsonville, City of 98 3010003 Buena Park, City of 99 4310005 Milpitas, City of 100 1910017 Santa Clarita Water Company 101 1910240 Valencia Water Company 102 3610004 West San Bernardino Water District 103 0910002 South Tahoe Public Utilities District 104 5610059 Southern California Water Company - Simi Valley 105 3010027 Orange, City of 106 5410010 Porterville, City of 107 4410017 Soquel Creek Water District 108 4110023 San Bruno, City of 109 1910001 Alhambra, City of 110 3010022 Southern California Water Company-West Orange County 111 3010091 Los Alisos Water District 112 3610050 Upland, City of 113 3410024 Northridge Water District 114 1010003 Clovis, City of 115 3010004 Mesa Consolidated Water District 116 3610041 San Gabriel Valley Water Company - Fontana 117 3410010 Citizens Utilities Company of California - Suburban 118 3010038 Santa Ana, City of 119 3010092 Irvine Ranch Water District 120 1910211 Park Water Company - Bellflower 121 3010010 Fullerton, City of 122 4310007 Mountain View, City of 123 3010036 San Clemente, City of 124 3010079 El Toro Water District 125 5610020 Thousand Oaks, City of 126 3610029 Monte Vista Water District 127 1910004 Southern California Water Company - Artesia 128 4210016 Southern California Water Company - Orcutt 129 4110008 California Water Service Company - San Mateo 130 1310038 Rancho California Water District 131 3410017 Citizens Utilities Company of California - Parkway 132 1910024 Southern California Water Company - Claremont 133 1910044 Glendora, City of 134 3010001 Anaheim, City of 135 5710001 Davis, City of 136 1910134 California Water Service Company- Hermosa/Redondo 137 1010007 Fresno, City of 138 1910102 Palmdale Water District 139 4310012 Santa Clara, City of 140 2710010 California Water Service Company - Salinas 141 4910006 Petaluma, City of 142 1910036 California Water Service Company - East Los Angeles 143 3410013 Citizens Utilities Company of California - Lincoln Oaks 144 3310001 Coachella Valley Water District 145 5010019 Turlock, City of 146 5410016 California Water Service Company - Visalia 147 5610023 Waterworks District 8-Simi Valley 148 0410002 California Water Service Company - Chico 149 1910104 California Water Service Company - Palos Verdes 150 3410015 Southern California Water Company - Corodva 151 4910009 Santa Rosa, City of 152 1910194 Rowland Water District 153 1510003 California Water Service Company - Bakersfield 154 5610040 California American Water Company - Village District 155 3310005 Desert Water Agency 156 0110003 California Water Service Company - Livermore 157 3010046 Tustin, City of 158 4310001 California Water Service Company - Los Altos Suburban 159 4110007 California Water Service Company - San Carlos 160 1910070 Los Angeles, County Water Works District 4&34- Lancaster 161 1510031 Bakersfield, City of 162 4110009 California Water Service Company - South San Francisco 163 3010053 Huntington Beach, City of 164 4110006 California Water Service Company - Bear Gulch 165 1910034 Downey, City of 166 4110022 Redwood City 167 Note: Authority cited: Sections 100275, 116410 and 116415, Health and Safety Code. Reference: Sections 116410 and 116415, Health and Safety Code. s 64435. Maximum Contaminant Levels. Note: Authority cited: Sections 208 and 4023.3, Health and Safety Code. Reference: Sections 4010-4039.6, Health and Safety Code. s 64437. Sampling of System Sources. Note: Authority cited: Sections 208 and 4026, Health and Safety Code. Reference: Section 4024, Health and Safety Code. s 64439. Requirements. Community water systems shall comply with the National Interim Primary Drinking Water Regulations for the control of Trihalomethanes in Drinking Water, Sections 141.2(p), (q), (r), (s) and (t), 141.6, 141.12 and 141.30 of Title 40, Code of Federal Regulations, as published in the November 29, 1979, Federal Register (Vol. 44, No. 231) and revised in the March 11, 1980, Federal Register (Vol. 45, No. 49), the December 16, 1998, Federal Register (Vol. 63, No. 241) and the January 16, 2001, Federal Register (Vol. 66, No. 10). Note: Authority cited: Sections 100275 and 116385, Health and Safety Code. Reference: Sections 100275 and 116385, Health and Safety Code. s 64441. Natural Radioactivity. Note: Authority cited: Sections 208 and 4026, Health and Safety Code. Reference: Section 4024, Health and Safety Code. s 64442. MCLs and Monitoring - Gross Alpha Particle Activity, Radium-226, Radium-228, and Uranium. (a) Each community and nontransient-noncommunity water system (system) shall comply with the primary MCLs in Table 64442 in the drinking water supplied to the public and use the DLRs for reporting monitoring results: Table 64442 Radionuclide Maximum Containment Levels (MCLs) and Detection Levels for Purposes of Reporting (DLRs) (b) Each system shall monitor to determine compliance with the MCLs in table 64442, as follows: (1) Monitor at each water source, or every entry point to the distribution system that is representative of all sources being used under normal operating conditions; conduct all monitoring at the same sample site(s) unless a change is approved by the Department, based on a review of the system and its historical water quality data; (2) For quarterly monitoring, monitor during the same month (first, second or third) of each quarter during each quarter monitored; (3) By December 31, 2007, complete initial monitoring that consists of four consecutive quarterly samples at each sampling site for each radionuclide in table 64442, except that nontransient-noncommunity water systems shall not be required to monitor radium-228 as a separate analyte, but shall monitor for compliance with the combined radium MCL using the analytical method described in Prescribed Procedures for Measurement of Radioactivity in Drinking Water, Section 6, Alpha-Emitting Radium Isotopes in Drinking Water, method 903.0 (EPA/600/4-80-032, August, 1980): (A) Data collected for a sampling site between January 1, 2001, and December 31, 2004, may be used to satisfy the initial monitoring requirement, subject to the Department's approval based on whether the analytical methods, DLRs, sampling sites, and the frequency of monitoring used were consistent with this article. (B) For gross alpha particle activity, uranium, radium-226 and radium-228, the Department may waive the final two quarters of initial monitoring at a sampling site if the results from the previous two quarters are below the DLR(s) and the sources are not known to be vulnerable to contamination. (c) Any new system or new source for an existing system shall begin monitoring pursuant to Subsection (b) within the first quarter after initiating water service to the public. (d) After initial monitoring, each system shall monitor for each radionuclide at each sampling site at a frequency determined by the monitoring result(s) [single sample result or average of sample results if more than one sample collected] from the most recent compliance period as follows: (1) For nontransient-noncommunity water systems, the results for the total radium analyses shall be averaged. (2) For community water systems, the results of radium-226 and radium-228 analyses shall be added and the average calculated. (3) The values used for the radionuclide MCLs and DLRs shall be as specified in Table 64442. (4) If the single sample result or average is: A. Below the DLR, the system shall collect and analyze at least one sample every nine years (3 compliance periods). B. At or above the DLR, but at or below 1/2 the MCL, the system shall collect and analyze at least one sample every six years. C. Above 1/2 the MCL, but not above the MCL, the system shall collect and analyze at least one sample every three years. (e) A system that monitors quarterly may composite up to four consecutive samples from a single sampling site if analysis is done within a year of the first sample's collection. If the result of the composited sample is greater than 1/2 the MCL, at least one additional quarterly sample shall be analyzed to evaluate the range and trend of results over time before allowing the system to reduce the monitoring frequency. (f) A gross alpha particle activity measurement may be substituted for other measurements by adding the 95% confidence interval (1.65s, where sis the standard deviation of the net counting rate of the sample) to it; and if, (1) For uranium and radium measurements (after initial radium-228 monitoring has been completed), the gross alpha measurement does not exceed 5 pCi/L; or (2) For radium measurements (after initial radium-228 monitoring has been completed), the result obtained from subtracting the uranium measurement from the gross alpha measurement does not exceed 5 pCi/L. (g) If any sample result is greater than an MCL: (1) For a system monitoring less than quarterly, quarterly samples shall be collected and analyzed to determine compliance, pursuant to subsection (h); (2) For a system that already has four consecutive quarterly results, compliance shall be determined pursuant to subsection (h). (3) The system shall monitor quarterly until the results of four consecutive quarterly sample results do not exceed the MCL. (h) A system with one or more sample results greater than an MCL shall determine compliance with the MCL as follows: (1) At each sampling site, based on the analytical results for that site. Any confirmation sample result shall be averaged with the initial result. (2) Using all monitoring results collected under this section during the previous 12 months, even if more than the minimum required number of samples was collected. (3) By a running annual average of four consecutive quarters of sampling results. Averages shall be rounded to the same number of significant figures as the MCL for which compliance is being determined. (A) If any sample result will cause the annual average at any sample site to exceed the MCL, the system shall be out of compliance immediately upon receiving the result; (B) If a system has not analyzed the required number of samples, compliance shall be determined by the average of the samples collected at the site during the most recent 12 months; and (C) If a sample result is less than the DLR in table 64442, zero shall be used to calculate the annual average, unless a gross alpha particle activity is being used in lieu of radium-226, total radium, and/or uranium. In that case, if the gross alpha particle activity result is less than the DLR, 1/2 the DLR shall be used to calculate the annual average. (4) If compositing is allowed at a sampling site, by the results of a composite of four consecutive quarterly samples. (5) If the system can provide documentation that a sample was subject to sampling or analytical errors, the Department may invalidate the result based on its review of the documentation, the sampling result, and the historical sampling data. (6) Each system shall ensure that the laboratory analyzing its samples collected for compliance with this article calculates and reports the sample-specific Minimum Detectable Activity at the 95% confidence level (MDA95) along with the sample results. The MDA95shall not exceed the DLR and shall be calculated as described in ANSI N42.23 Measurement and Associated Instrumentation Quality Assurance for Radiobioassay Laboratories, Appendix A.7.6 (September 10, 1995). Note: Authority cited: Sections 116325, 116350 and 116375, Health and Safety Code. Reference: Sections 116275, 116365 and 116385, Health and Safety Code. s 64443. MCLs and Monitoring - Beta Particle and Photon Radioactivity. (a) Each community and nontransient-noncommunity water system (system) shall comply with the primary MCLs in table 64443 and use the DLRs for reporting monitoring results: Table 64443 Radionuclide Maximum Contaminant Levels (MCLs) and Detection Levels for Purposes of Reporting (DLRs) (b) Each system designated by the Department as vulnerable to contamination by nuclear facilities and/or a determination of vulnerability by a Source Water Assessment, as defined in section 63000.84, shall monitor to determine compliance with the MCLs in table 64443, as follows: (1) Beginning within one quarter after being notified by the Department that the system is vulnerable, quarterly for beta/photon emitters and annually for tritium and strontium-90 at each water source, or every entry point to the distribution system that is representative of all sources being used under normal operating conditions, and shall conduct all monitoring at the same sample site(s) unless a change is approved by the Department, based on a review of the system and its historical water quality data; (2) For quarterly monitoring, during the same month (first, second or third) of each quarter during each quarter monitored; and (3) If the gross beta particle activity minus the naturally-occurring potassium-40 beta particle activity at a sampling site has a running annual average less than or equal to 50 pCi/L (screening level), reduce monitoring to a single sample for beta/photon emitters, tritium and strontium-90 once every three years (compliance monitoring period). (c) Each system designated by the Department as utilizing waters contaminated by effluents from nuclear facilities on the basis of analytical data and/or a Source Water Assessment, shall: (1) Beginning within one quarter after being notified by the Department of the above designation, monitor on an ongoing basis pursuant to paragraphs (A) through (C) at each sampling site: (A) For beta/photon emitters, quarterly by analyzing three monthly samples and averaging the results or by analyzing a composite of three monthly samples; (B) For iodine-131, quarterly by analyzing a composite of five consecutive daily samples, unless the Department has directed the system to do more frequent monitoring based on a detection of iodine-131 in the sampled water; and (C) For strontium-90 and tritium, annually by analyzing four quarterly samples and averaging the results or by analyzing a composite of four quarterly samples. (2) If the gross beta particle activity minus the naturally-occurring potassium-40 beta particle activity at a sampling site has a running annual average (computed quarterly) less than or equal to 15 pCi/L (screening level), reduce the frequency of monitoring to a single sample for beta/photon emitters, iodine-131, strontium-90 and tritium once every three years (compliance monitoring period). (d) If the gross beta particle activity minus the naturally-occurring potassium-40 beta particle activity exceeds a system's screening level pursuant to Subsection (b)(3) or (c)(2): (1) The sample shall be analyzed to identify the primary radionuclides present and the doses shall be calculated and summed to determine compliance with the MCL for beta particle/photon radioactivity; and (2) Except for strontium-90 and tritium for which the MCLs provide the average annual concentrations assumed to produce a total body or organ dose equivalent to 4 millirem/year, the concentration of manmade radionuclides shall be calculated on the basis of 2 liters per day drinking water intake using the 168 hour data list in "Maximum Permissible Body Burdens and Maximum Permissible Concentrations of Radionuclides in Air and in Water for Occupational Exposure," NBS (National Bureau of Standards) Handbook 69 as amended August 1963, U.S. Department of Commerce. (See Title 40, Code of Federal Regulations, section 141.66(d)(2).) (e) If a system analyzes for naturally-occurring potassium-40 beta particle activity from the same or equivalent samples used for the gross beta particle activity analysis, the potassium-40 beta particle activity shall be calculated by multiplying elemental potassium concentrations (in mg/L) by a factor of 0.82 pCi/mg. (f) A system required to monitor under this section may use environmental surveillance data (collected by the nuclear facility to detect any radionuclide contamination) in lieu of monitoring, subject to the Department's determination that the data is applicable to the system based on a review of the data and the hydrogeology of the area. In the event that there is a release of radioactivity or radioactive contaminants from the nuclear facility, a system using environmental surveillance data shall begin the monitoring in paragraph (b)(1) or (c)(1)(A) through (C), whichever is most applicable. (g) If a sample result is greater than an MCL: (1) Compliance shall be determined as follows: (A) At each sampling site, based on the analytical results for that site. Any confirmation sample result shall be averaged with the initial result. (B) Using all monitoring results collected under this article during the previous 12 months, even if more than the minimum required number of samples was collected. (C) By a running annual average of four consecutive quarters of sampling results where quarterly monitoring is required, or by an annual sample when applicable for tritium and strontium-90. Averages shall be rounded to the same number of significant figures as the MCL for which compliance is being determined. 1. If any sample result will cause the annual average at any sample site to exceed the MCL, the system shall be out of compliance immediately after being notified of the result; 2. If a system has not analyzed the required number of samples, compliance shall be determined by the average of the samples collected at the site during the most recent 12 months; and 3. If a sample result is less than the DLR in 64443, zero shall be used to calculate the annual average. (D) If the system can provide documentation that a sample was subject to sampling or analytical errors, the Department may invalidate the result based on its review of the documentation, the sampling result, and the historical sampling data. (E) Each system shall ensure that the laboratory analyzing its samples collected for compliance with this article calculates and reports the sample-specific Minimum Detectable Activity at the 95% confidence level (MDA95) along with the sample results. The MDA95shall not exceed the DLR and is calculated as described in ANSI N42.23 Measurement and Associated Instrumentation Quality Assurance for Radiobioassay Laboratories, Appendix A.7.6. (September 10, 1995). (2) If a sample has a gross beta/photon radioactivity level greater than the MCL: (A) A system shall monitor monthly beginning the month after receiving a result greater than the MCL and continue monthly monitoring until an average of three consecutive monthly sample results does not exceed the MCL; (B) The system shall then monitor quarterly until the average of four consecutive quarterly sample results does not exceed the MCL; and (C) Subsequently, the system shall conduct the monitoring in paragraph (b)(1) or (c)(1)(A) through (C), whichever is most applicable. Note: Authority cited: Sections 116325, 116350 and 116375, Health and Safety Code. Reference: Sections 116275, 116365 and 116385, Health and Safety Code; and Section 141.66(d)(2), Title 40, Code of Federal Regulations. s 64444. Maximum Contaminant Levels -Organic Chemicals. The MCLs for the primary drinking water chemicals shown in Table 64444-A shall not be exceeded in the water supplied to the public. Table 64444-A Maximum Contaminant Levels Organic Chemicals Maximum Contaminant Chemical Level, mg/L (a) Volatile Organic Chemicals (VOCs) Benzene............................................ 0.001 Carbon Tetrachloride............................... 0.0005 1,2-Dichlorobenzene................................ 0.6 1,4-Dichlorobenzene................................ 0.005 1,1-Dichloroethane................................. 0.005 1,2-Dichloroethane................................. 0.0005 1,1-Dichloroethylene............................... 0.006 cis-1,2-Dichloroethylene........................... 0.006 trans-1,2-Dichloroethylene......................... 0.01 Dichloromethane.................................... 0.005 1,2-Dichloropropane................................ 0.005 1,3-Dichloropropene................................ 0.0005 Ethylbenzene....................................... 0.3 Methyl-tert-butyl ether............................ 0.013 Monochlorobenzene.................................. 0.07 Styrene............................................ 0.1 1,1,2,2-Tetrachloroethane.......................... 0.001 Tetrachloroethylene................................ 0.005 Toluene............................................ 0.15 1,2,4-Trichlorobenzene............................. 0.005 1,1,1-Trichloroethane.............................. 0.200 1,1,2-Trichloroethane.............................. 0.005 Trichloroethylene.................................. 0.005 Trichlorofluoromethane............................. 0.15 1,1,2-Trichloro-1,2,2-Trifluoroethane.............. 1.2 Vinyl Chloride..................................... 0.0005 Xylenes............................................ 1.750 [FNa1] (b) Non-Volatile Synthetic Organic Chemicals (SOCs) Alachlor........................................... 0.002 Atrazine........................................... 0.001 Bentazon........................................... 0.018 Benzo(a)pyrene..................................... 0.0002 Carbofuran......................................... 0.018 Chlordane.......................................... 0.0001 2,4-D.............................................. 0.07 Dalapon............................................ 0.2 Dibromochloropropane............................... 0.0002 Di(2-ethylhexyl)adipate............................ 0.4 Di(2-ethylhexyl)phthalate.......................... 0.004 Dinoseb............................................ 0.007 Diquat............................................. 0.02 Endothall.......................................... 0.1 Endrin............................................. 0.002 Ethylene Dibromide................................. 0.00005 Glyphosate......................................... 0.7 Heptachlor......................................... 0.00001 Heptachlor Epoxide................................. 0.00001 Hexachlorobenzene.................................. 0.001 Hexachlorocyclopentadiene.......................... 0.05 Lindane............................................ 0.0002 Methoxychlor....................................... 0.03 Molinate........................................... 0.02 Oxamyl............................................. 0.05 Pentachlorophenol.................................. 0.001 Picloram........................................... 0.5 Polychlorinated Biphenyls.......................... 0.0005 Simazine........................................... 0.004 Thiobencarb........................................ 0.07 Toxaphene.......................................... 0.003 2,3,7,8-TCDD (Dioxin).............................. 3x10 [FN-8] 2,4,5-TP (Silvex).................................. 0.05 [FNa1] MCL is for either a single isomer or the sum of the isomers. Note: Authority cited: Sections 100275, 116350 and 116365, Health and Safety Code. Reference: Sections 116365, 116385 and 116555, Health and Safety Code. s 64444.5. Maximum Contaminant Levels. Note: Authority cited: Sections 208, 4021 and 4023.1, Health and Safety Code. Reference: Sections 4017, 4023.1 and 4024, Health and Safety Code. s 64445. Initial Sampling -Organic Chemicals. (a) Each community and nontransient-noncommunity water system shall collect four quarterly samples during the year designated by the Department 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 Department 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 Department 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 Department. (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 Department 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 Department 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 Department 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 Department 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 Departmental 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) 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. Note: Authority cited: Sections 100275 and 116375, Health and Safety Code. Reference: Sections 116385 and 116555, Health and Safety Code. s 64445.1. Repeat Monitoring and Compliance -Organic Chemicals. (a) For the purposes of this article, detection shall be defined by the detection limits for purposes of reporting (DLRs) in Table 64445.1-A: Table 64445.1-A Detection Limits for Purposes of Reporting (DLRs) for Regulated Organic Chemicals Detection Limit for Purposes of Reporting Chemical (DLR) (mg/L) (a) All VOCs, except as listed........... 0.0005 Methyl-tert-butyl ether.................. 0.003 Trichlorofluoromethane................... 0.005 1,1,2-Trichloro-1,2,2-Trifluoroethane.... 0.01 (b) SOCs Alachlor................................. 0.001 Atrazine................................. 0.0005 Bentazon................................. 0.002 Benzo(a)pyrene........................... 0.0001 Carbofuran............................... 0.005 Chlordane................................ 0.0001 2,4-D.................................... 0.01 Dalapon.................................. 0.01 Dibromochloropropane (DBCP).............. 0.00001 Di(2-ethylhexyl)adipate.................. 0.005 Di(2-ethylhexyl)phthalate................ 0.003 Dinoseb.................................. 0.002 Diquat................................... 0.004 Endothall................................ 0.045 Endrin................................... 0.0001 Ethylene dibromide (EDB)................. 0.00002 Glyphosate............................... 0.025 Heptachlor............................... 0.00001 Heptachlor epoxide....................... 0.00001 Hexachlorobenzene........................ 0.0005 Hexachlorocyclopentadiene................ 0.001 Lindane.................................. 0.0002 Methoxychlor............................. 0.01 Molinate................................. 0.002 Oxamyl................................... 0.02 Pentachlorophenol........................ 0.0002 Picloram................................. 0.001 Polychlorinated biphenyls (PCBs)......... (as decachlorobiphenyl)................. 0.0005 Simazine................................. 0.001 Thiobencarb.............................. 0.001 Toxaphene................................ 0.001 2,3,7,8-TCDD (Dioxin).................... 5x10 [FN-9] 2,4,5-TP (Silvex)........................ 0.001 (b) When organic chemicals are not detected pursuant to Table 64445.1-A. (1) A water system, which has not detected any of the VOCs on Table 64444-A during the initial four quarters of monitoring, shall collect and analyze one sample annually. After a minimum of three years of annual sampling with no detection of a VOC in Table 64444-A, a system using groundwater may reduce the monitoring frequency to one sample during each compliance period. A system using surface water shall continue monitoring annually. (2) A system serving more than 3,300 persons which has not detected an SOC on Table 64444-A during the initial four quarters of monitoring shall collect a minimum of two quarterly samples for that SOC in one year during the year designated by the Department of each subsequent compliance period. The year will be designated on the basis of historical monitoring frequency and laboratory capacity. (3) A system serving 3,300 persons or less which has not detected an SOC on Table 64444-A during the initial four quarters of monitoring shall collect a minimum of one sample for that SOC during the year designated by the Department of each subsequent compliance period. The year will be designated on the basis of historical monitoring frequency and laboratory capacity. (c) When organic chemicals are detected pursuant to Table 64445.1-A. (1) Prior to proceeding with the requirements of paragraphs (c)(2) through (7), the water supplier may first confirm the analytical result, as follows: Within seven days from the notification of an initial finding from a laboratory reporting the presence of one or more organic chemicals in a water sample, the water supplier shall collect one or two additional sample(s) to confirm the initial finding. Confirmation of the initial finding shall be shown by the presence of the organic chemical in either the first or second additional sample, and the detected level of the contaminant for compliance purposes shall be the average of the initial and confirmation sample(s). The initial finding shall be disregarded if two additional samples do not show the presence of the organic chemical. (2) If one or both of the related organic chemicals heptachlor and heptachlor epoxide are detected, subsequent monitoring shall analyze for both chemicals until there has been no detection of either chemical for one compliance period. (3) A groundwater sampling site at which one or more of the following chemicals has been detected shall be monitored quarterly for vinyl chloride: trichloroethylene, tetrachloroethylene, 1,2-dichloroethane, 1,1,1- trichloroethane, cis-1,2-dichloroethylene, trans-1,2-dichloroethylene, or 1,1- dichloroethylene. If vinyl chloride is not detected in the first quarterly sample,the sampling site shall be monitored once for vinyl chloride during each compliance period. (4) If the detected level of organic chemicals for any sampling site does not exceed any shown in Table 64444-A, the water source shall be resampled every three months and the samples analyzed for the detected chemicals. After one year of sampling an approved surface water system or two quarters of sampling a groundwater system, the Department will consider allowing the water supplier to reduce the sampling to once per year upon request, based on a review of previous sampling data. Systems shall monitor during the quarter(s) which previously yielded the highest analytical results. (5) If the detected level of an organic chemical for any sampling site exceeds that listed in Table 64444-A, the water supplier shall report this information to the Department within 48 hours. Unless use of the contaminated source is discontinued, the water supplier shall resample the contaminated source as follows: (A) Water systems serving more than 3,300 persons shall sample monthly for six months and shall submit the results to the Department as specified in Section 64451(a). A water source shall be deemed to be in compliance with Section 64444 if the average concentration of the initial finding, confirmation sample(s), and six subsequent monthly samples does not exceed the MCL shown in Table 64444-A. In such cases, the water supplier may reduce the sampling frequency to once every three months. If the average annual concentration of four quarterly samples exceeds the MCL the water source shall be deemed to be in violation of Section 64444. If any sample would cause the annual average to exceed the MCL, then the system is out of compliance immediately. (B)Water systems serving 3,300 persons or less shall sample quarterly for one year and shall submit the results to the Department as specified in Section 64451(a). Compliance with Section 64444 shall be based on the average concentration of the initial finding, confirmation sample(s) if collected, and three subsequent quarterly samples. If any sample would cause the annual average to exceed the MCL, then the system is out of compliance immediately. If the average concentration does not exceed the MCL in Table 64444-A, the water supplier may reduce the sampling frequency to once every year during the quarter that previously yielded the highest analytical result. If the average concentration exceeds the MCL in Table 64444-A, the water system shall be deemed to be in violation of Section 64444. Subsequently, compliance shall be determined on the basis of a running annual average of the most recent four quarters of sample results. (6) If any resample, other than those taken in accordance with (c)(5) of this section, of a water sampling site shows that the concentration of any organic chemical exceeds a MCL shown in Table 64444-A, the water supplier shall proceed in accordance with (c)(1) and (c)(4), or (c)(5). (7) If an organic chemical is detected and the concentration exceeds ten times the MCL, the water supplier shall notify the Department within 48 hours of the receipt of the results and the contaminated site shall be resampled within 48 hours to confirm the result. The water supplier shall notify the Department of the result of the confirmation sample(s) within 24 hours of the receipt of the confirmation result(s). (A) If the average concentration of the original and confirmation sample(s) is less than ten times the MCL, the water supplier shall proceed in accordance with subsection (c)(5). (B) If the average concentration of the original and confirmation samples exceeds ten times the MCL, use of the contaminated water source shall immediately be discontinued. Such a water source shall not be returned to service without written approval from the Department Note: Authority cited: Sections 100275, 116350 and 116375, Health and Safety Code. Reference: Sections 116385, 116450, 116460 and 116555, Health and Safety Code. s 64445.2. Sampling of Treated Water Sources. (a) Each water supplier utilizing treatment to comply with any MCL for an organic chemical listed in Table 64444-A shall collect monthly samples of the treated water at a site prior to the distribution system. If the treated water exceeds the MCL, the water supplier shall resample the treated water to confirm the result and report the result to the Department within 48 hours of the confirmation. (b) The Department will consider requiring more frequent monitoring based on an evaluation of (1) the treatment process used, (2) the treatment effectiveness and efficiency, and (3) the concentration of the organic chemical in the water source. Note: Authority cited: Sections 208 and 4023.3.3, Health and Safety Code. Reference: Sections 4017 and 4024, Health and Safety Code. s 64447. Best Available Technology (BAT) - Microbiological Contaminants. The technologies identified by the Department as the best available technology, treatment techniques, or other means available for achieving compliance with the total coliform MCL are as follows: (a) Protection of wells from coliform contamination by appropriate placement and construction; (b) Maintenance of a disinfectant residual throughout the distribution system; (c) Proper maintenance of the distribution system; and (d) Filtration and/or disinfection of approved surface water, in compliance with Section 64650, or disinfection of groundwater. Note: Authority cited: Section 4023.2, Health and Safety Code. Reference: Section 4021, Health and Safety Code. s 64447.2. Best Available Technologies (BATs) -Inorganic Chemicals. The technologies listed in Table 64447.2-A are the best available technology, treatment techniques, or other means available for achieving compliance with the MCLs in Table 64431-A for inorganic chemicals. Table 64447.2-A Best Available Technologies (BATs) Inorganic Chemicals Best Available Chemical Technologies (BATs) Aluminum 10 Antimony 2, 7 Arsenic 1, 2, 5, 6, 7 Asbestos 2, 3, 8 Barium 5, 6, 7, 9 Beryllium 1, 2, 5, 6, 7 Cadmium 2, 5, 6, 7 Chromium 2, 5, 6 <>a, 7 Cyanide 5, 7, 11 Fluoride 1 Mercury 2 <>b, 4, 6 <>b, 7 <>b Nickel 5, 6, 7 Nitrate 5, 7, 9 Nitrite 5, 7 Selenium 1, 2 <>c, 6, 7, 9 Thallium 1, 5 _______ <>a BAT for Chromium III only. <>b BAT only if influent mercury concentrations <10 ug/L. <>c BAT for Selenium IV only. Key to BATs in Table 64447.2: 1 = Activated Alumina 2 = Coagulation/Filtration (not BAT for systems <500 service connections) 3 = Direct and Diatomite Filtration 4 = Granular Activated Carbon 5 = Ion Exchange 6 = Lime Softening (not BAT for systems <500 service connections) 7 = Reverse Osmosis 8 = Corrosion Control 9 = Electrodialysis 10 = Optimizing treatment and reducing aluminum added 11 = Chlorine oxidation Note: Authority cited: Section 116370, Health and Safety Code. Reference: Section 116350, Health and Safety Code. s 64447.3. Best Available Technologies (BATs) - Radionuclides. The technologies listed in tables 64447.3-A, B and C are the best available technology, treatment technologies, or other means available for achieving compliance with the MCLs for radionuclides in tables 64442 and 64443. Table 64447.3-A Best Available Technologies (BATs) Radionuclides Radionuclide Best Available Technology Combined radium-226 and radium-228 Ion exchange, reverse osmosis, lime softening Uranium Ion exchange, reverse osmosis, lime softening, coagulation/filtration Gross alpha particle activity Reverse osmosis Beta particle and photon radioactivity Ion exchange, reverse osmosis Table 64447.3-B Best Available Technologies (BATs) and Limitations for Small Water Systems Radionuclides Limitation Footnotes: a The regeneration solution contains high concentrations of the contaminant ions, which could result in disposal issues. b When point of use devices are used for compliance, programs for long-term operation, maintenance, and monitoring shall be provided by systems to ensure proper performance. c Reject water disposal may be an issue. d The combination of variable source water quality and the complexity of the water chemistry involved may make this technology too complex for small systems. e Removal efficiencies can vary depending on water quality. f Since the process requires static mixing, detention basins, and filtration, this technology is most applicable to systems with sufficiently high sulfate levels that already have a suitable filtration treatment train in place. g Applies to ionized radionuclides only. h This technology is most applicable to small systems with filtration already in place. i Chemical handling during regeneration and pH adjustment may be too difficult for small systems without an operator trained in these procedures. j This would involve modification to a coagulation/filtration process already in place. Table 64447.3-C Best Available Technologies (BATs) for Small Water Systems by System Size Radionuclides Note: Authority cited: Section 116370, Health and Safety Code. Reference: Section 116350, Health and Safety Code. s 64447.4. Best Available Technologies (BATs) -Organic Chemicals. The technologies listed in Table 64447.4-A are the best available technology, treatment technologies, or other means available for achieving compliance with the MCLs in Table 64444-A for organic chemicals. Table 64447.4-A Best Available Technologies (BATs) Organic Chemicals Chemical Best Available Technologies Granular Packed Activated Tower Carbon Aeration Oxidation (a) Volatile Organic Chemicals (VOCs) Benzene X X Carbon Tetrachloride X X 1,2-Dichlorobenzene X X 1,4-Dichlorobenzene X X 1,1-Dichloroethane X X 1,2-Dichloroethane X X 1,1-Dichloroethylene X X cis-1,2-Dichloroethylene X X trans-1,2-Dichloroethylene X X Dichloromethane X 1,2-Dichloropropane X X 1,3-Dichloropropene X X Ethylbenzene X X Methyl- X Monochlorobenzene X X Styrene X X 1,1,2,2-Tetrachloroethane X X Tetrachlorethylene X X Toluene X X 1,2,4-Trichlorobenzene X X 1,1,1-Trichloroethane X X 1,1,2-Trichloroethane X X Trichlorofluoromethane X X Trichlorotrifluoroethane X X Trichloroethylene X X Vinyl Chloride X Xylenes X X (b) Synthetic Organic Chemicals (SOCs) Alachlor X X Atrazine X Bentazon X Benzo(a)pyrene X Carbofuran X Chlordane X 2,4-D X Dalapon X Di(2-ethylhexyl)adipate X X Dinoseb X Diquat X 1,2-Dibromo-3-chloropropane X X Di(2-ethylhexyl)phthalate X Endothall X Endrin X Ethylene Dibromide X X Glyphosate X Heptachlor X Heptachlor epoxide X Hexachlorobenzene X Hexachlorocyclopentadiene X X Lindane X Methoxychlor X Molinate X Oxamyl X Picloram X Pentachlorophenol X Polychlorinated Biphenyls X Simazine X Thiobencarb X Toxaphene X X 2,3,7,8-TCDD (Dioxin) X 2,4,5-TP (Silvex) X Note: Authority cited: Section 116370, Health and Safety Code. Reference: Section 116350, Health and Safety Code. s 64448. Treatment Technique Requirements. (a) A public water system which uses acrylamide and/or epichlorohydrin in drinking water treatment shall certify annually in writing to the Department that the combination of dose and monomer does not exceed the following levels: 0.05% monomer in polyacrylamide dosed at 1 mg/L, or equivalent. 0.01% residual of epichlorohydrin dosed at 20 mg/L, or equivalent. Note: Authority cited: Sections 208 and 4023.3, Health and Safety Code. Reference: Section 4024, Health and Safety Code. s 64449. Secondary Maximum Contaminant Levels and Compliance. (a) The secondary MCLs shown in Tables 64449-A and 64449-B shall not be exceeded in the water supplied to the public by community water systems. Table 64449-A Secondary Maximum Contaminant Levels "Consumer Acceptance Contaminant Levels" Constituents Maximum Contaminant Levels/Units Aluminum.......................... 0.2 mg/L Color............................. 15 Units Copper............................ 1.0 mg/L Foaming Agents (MBAS)............. 0.5 mg/L Iron.............................. 0.3 mg/L Manganese......................... 0.05 mg/L Methyl-tert-butyl ether (MTBE).... 0.005 mg/L Odor -Threshold................... 3 Units Silver............................ 0.1 mg/L Thiobencarb....................... 0.001 mg/L Turbidity......................... 5 Units Zinc.............................. 5.0 mg/L Table 64449-B Secondary Maximum Contaminant Levels - "Consumer Acceptance Contaminant Level Ranges" Maximum Contaminant Level Ranges Constituent, Units Recommended Upper Short Term Total Dissolved Solids, mg/L........ 500 1,000 1,500 or Specific Conductance, <>S/cm.... 900 1,600 2,200 Chloride, mg/L...................... 250 500 600 Sulfate, mg/L....................... 250 500 600 (b) Each community water system shall monitor its groundwater sources or distribution system entry points representative of the effluent of source treatment every three years and its approved surface water sources or distribution system entry points representative of the effluent of source treatment annually for the following: (1) Secondary MCLs listed in Tables 64449-A and 64449-B; and (2) Bicarbonate, carbonate, and hydroxide alkalinity, calcium, magnesium, sodium, pH, and total hardness. (c) If the level of any constituent in Table 64449-A exceeds an MCL, the community water system shall proceed as follows: (1) If monitoring quarterly, determine compliance by a running annual average of four quarterly samples; (2) If monitoring less than quarterly, initiate quarterly monitoring and determine compliance on the basis of an average of the initial sample and the next three consecutive quarterly samples collected; (3) If a violation has occurred (average of four consecutive quarterly samples exceeds an MCL), inform the Department when reporting pursuant to Section 64451; (4) After one year of quarterly monitoring during which all the results are below the MCL and the results do not indicate any trend toward exceeding the MCL, the system may request the Department to allow a reduced monitoring frequency. (d) For the constituents shown on Table 64449-B, no fixed consumer acceptance contaminant level has been established. (1) Constituent concentrations lower than the recommended contaminant level are desirable for a higher degree of consumer acceptance. (2) Constituent concentrations ranging to the upper contaminant level are acceptable if it is neither reasonable nor feasible to provide more suitable waters. (3) Constituent concentrations ranging to the Short Term contaminant level are acceptable only for existing community water systems on a temporary basis pending construction of treatment facilities or development of acceptable new water sources. (e) New services from community water systems serving water which carries constituent concentrations between the upper and short term contaminant levels shall be approved only: (1) If adequate progress is being demonstrated toward providing water of improved mineral quality. (2) For other compelling reasons approved by the Department. (f) A community water system may apply to the Department for a waiver from the monitoring frequencies specified in subsection (b), if the system has conducted at least three rounds of monitoring (three periods for groundwater sources or three years for approved surface water sources) and these analytical results are less than the MCLs. The water system shall specify the basis for its request. A system with a waiver shall collect a minimum of one sample per source while the waiver is in effect and the term of the waiver shall not exceed one compliance cycle (i.e., nine years). (g) Nontransient-noncommunity and transient-noncommunity water systems shall monitor their sources or distribution system entry points representative of the effluent of source treatment for bicarbonate, carbonate, and hydroxide alkalinity, calcium, iron, magnesium, manganese, pH, specific conductance, sodium, and total hardness at least once. In addition, nontransient-noncommunity water systems shall monitor for the constituents in Tables 64449-A and B at least once. Note: Authority cited: Sections 100275 and 116375, Health and Safety Code. Reference: Sections 116385, 116555 and 116610, Health and Safety Code. s 64449.1. Applicability of Requirements. Note: Authority cited: Sections 208, 4021 and 4023.3, Health and Safety Code. Reference: Sections 4017, 4024, 4026.3 and 4026.4, Health and Safety Code. s 64449.2. Waivers for Secondary MCL Compliance. (a) If the average of four consecutive quarters of sample results for a constituent that does not have a primary MCL is not greater than three times the secondary MCL or greater than the State Notification Level, an existing community water system is eligible to apply for a nine-year waiver of a secondary MCL in Table 64449-A, for the following: (1) An existing source; or (2) A new source that is being added to the existing water system, as long as: (A) The source is not being added to expand system capacity for further development; and (B) The concentration of the constituent of concern in the new source would not cause the average value of the constituent's concentration at any point in the water delivered by the system to increase by more than 20%. (b) To apply for a waiver of a secondary MCL, the community water system shall conduct and submit a study to the Department within one year of violating the MCL that includes the following: (1) The water system complaint log, maintained pursuant to section 64453(a), along with any other evidence of customer dissatisfaction, such as a log of calls to the county health Department; (2) An engineering report, prepared by an engineer registered in California and with experienced in drinking water treatment, that evaluates all reasonable alternatives and costs for bringing the water system into MCL compliance and includes a recommendation for the most cost-effective and feasible approach; (3) The results of a customer survey distributed to all the water system's bill-payingbilled customers that has first been approved by the Department based on whether it includes: (A) Estimated costs to individual customers of the most cost-effective alternatives presented in the engineering report that are acceptable to the Department based on its review of their effectiveness and feasibility; (B) The query: "Are you willing to pay for(identify constituent) reduction treatment?"; (C) The query: "Do you prefer to avoid the cost of treatment and live with the current water quality situation?" (D) The statement: "If you do not respond to this survey,(insert system name) will assume that you are in support of the reduction treatment recommended by the engineering report." (4) A brief report (agenda, list of attendees, and transcript) of a public meeting held by the water system to which customers were invited, and at which both the tabulated results of the customer survey and the engineering report were presented with a request for input from the public. (c) A community water system may apply for a waiver for iron and/or manganese if, in addition to meeting the requirements in Subsection (b), an average of four consecutive quarter results for the source has not exceeded a State Notification Level for iron and/or manganese. In addition, the system shall include sequestering, as follows: (1) As one of the alternatives evaluated in the Engineering Report; (2) In the customer survey as a query: "Are you willing to pay for iron and/or manganese sequestering treatment?" (d) Unless 50% or more of the bill-payinged customers respond to the survey, the community water system shall conduct another survey pursuant to Subsections (b) or (c) within three months from the date of the survey by sending the survey out to either all the customers again, or only the customers that did not respond to the survey. The water system shall not be eligible for a waiver until it achieves at least a 50% response rate on the survey. (e) If the customer survey indicates that the percentage of bill-payinged customers that voted for constituent reduction treatment and the number of bill-paying customers that did not respond to the survey at all exceeds 50% of the total number of bill-paying customers, the community water system shall install treatment, except as provided in Subsection (f), within three years from the date the system completed the customer survey, pursuant to a schedule established by the Department. (f) For iron and/or manganese MCL waiver applications, if the percentage of survey respondents that voted for constituent reduction treatment plus the percentage of survey respondents that voted for sequestering exceeds the percentage that voted to avoid the cost and maintain the current water quality situation, the community water system shall implement either constituent reduction treatment or sequestering, on the basis of which was associated with the higher percentage result. If the highest percentage result is for sequestering, the system shall submit a sequestering implementation and assessment plan to the Department that includes: (1) A description of the pilot testing or other type of evaluation performed to determine the most effective sequestering agent for use in the system's water; (2) The sequestering agent feed rate and the equipment to be used to insure that the rate is maintained for each source; (3) An operations plan; and (4) The projected cost of sequestering including capital, operations and maintenance costs. (g) To apply for renewal of a waiver for a subsequent nine years, the system shall request approval from the Department at least six months prior to the end of the current waiver period. The renewal request shall include all monitoring and treatment operations data for the constituent for which the waiver had been granted and any related customer complaints submitted to the water system. Based on its review of the data and customer complaints, the Department may require the water system to conduct another customer survey pursuant to this section before making a determination on the waiver renewal. Note: Authority cited: Sections 100275 and 116375, Health and Safety Code. Reference: Sections 116385, 116455, 116555 and 116610, Health and Safety Code. s 64449.3. Repeat Sampling. Note: Authority cited: Sections 208, 4021 and 4023.3, Health and Safety Code. Reference: Sections 4017, 4024, 4026.3 and 4026.4, Health and Safety Code. s 64449.4. Use of Sources that Exceed a Secondary MCL and Do Not Have a Waiver. A source that exceeds one or more of the secondary MCLs in Table 64449-A and does not have a waiver may be used only if the source meets the requirements in Section 64414, and the community water system: (a) Meters the source's monthly production and submits the results to the Department by the 10th day of the next month; (b) Counts any part of a day as a full day for purposes of determining compliance with Section 64414(c); (c) As a minimum, conducts public notification by including information on the source's use (dates, constituent levels, and reasons) in the Consumer Confidence Report (Sections 64480 through 64483); (d) Provides public notice prior to use of the source by electronic media, publication in a local newspaper, and/or information in the customer billing, if the situation is such that the water system can anticipate the use of the source (e.g., to perform water system maintenance); and (e) Takes corrective measures such as flushing after the source is used to minimize any residual levels of the constituent in the water distribution system. Note: Authority cited: Sections 100275 and 116375, Health and Safety Code. Reference: Sections 116385, 116555 and 116610, Health and Safety Code. s 64449.5. Distribution System Physical Water Quality. (a) The water supplier shall determine the physical water quality in the distribution system. This determination shall be based on one or more of the following: (1) Main flushing operations and flushing records. (2) Consumer complaint records showing location, nature and duration of the physical water quality problem. (3) Other pertinent data relative to physical water quality in the distribution system. (b) If the Department determines that a water system does not have sufficient data on physical water quality in the distribution system to make the determination required in paragraph (a), the water supplier shall collect samples for the following general physical analyses: color, odor, and turbidity. Samples shall be collected from representative points in the distribution system: (1) For community water systems with 200 to 1,000 service connections: one sample per month. (2) For community water systems with greater than 1,000 service connections: one sample for every four bacteriological samples required per month. (3) For community water systems with less than 200 service connections: as established by the local health officer or the Department. (c) Odor samples required as a part of general physical analyses may be examined in the field as per Section 64415(b). (d) The distribution system water of public water systems shall be free from significant amounts of particulate matter. Note: Authority cited: Sections 208 and 4023.3, Health and Safety Code. Reference: Section 4024, Health and Safety Code. s 64449.7. Exemptions. Note: Authority cited: Sections 208, 4021 and 4923.3, Health and Safety Code. Reference: Sections 4017, 4024, 4026.3 and 4026.4, Health and Safety Code. s 64450. Unregulated Chemicals - Monitoring. (a) Community water systems and nontransient-noncommunity water systems shall monitor for the chemicals in table 64450, pursuant to subsection (b): Table 64450 Unregulated Chemicals Chemical Synonyms (1) Boron (2) Chromium VI Hexavalent chromium (3) Dichlorodifluoromethane Diflurorodichloromethane (4) Ethyl-tert-butyl ether ETBE (5) Perchlorate (6) tert-Amyl-methyl ether TAME (7) tert-Butyl alcohol TBA (8) 1,2,3-Trichloropropane TCP (9) Vanadium (b) All vulnerable community and nontransient-noncommunity water systems shall conduct and complete one round of monitoring for hexavalent chromium by December 31, 2002, and for the other unregulated chemicals in table 64450 by December 31, 2003. Monitoring shall be conducted by collecting source water samples, or samples from the distribution entry points that are representative of typical operating conditions. At least one of the samples shall be collected during the period from May 1 through July 31 (vulnerable time), unless the Department specifies a different vulnerable time for the water system due to seasonal conditions related to use, manufacture and/or weather. Monitoring shall be as follows: (1) Surface water systems shall collect four quarterly samples at each sample site; the system shall select either the first, second, or third month of a quarter and sample in that same month of each of four consecutive quarters. (2) Ground water systems shall collect two samples in a single year, five to seven months apart. (3) The water system shall collect each sample at the same sampling site, unless a change is approved by the Department. (c) A water system may apply to the Department for a monitoring waiver for one or more of the chemicals on table 64450 in accordance with sections 64445(d)(1) and (2). (d) If a system serves fewer than 150 service connections, it may be eligible for an exemption from the monitoring requirements of this section, based on a Departmental review of the previous five years of sampling data. To request an exemption, the system operator shall submit a written request to the Department that includes a statement that the system is available for sampling by the Department. (e) A water system that has monitoring data collected after January 1, 1998, that meets the requirements in subsection (b) may use that data to comply with the monitoring requirements in this section. Note: Authority cited: Sections 100275, 116350 and 116375, Health and Safety Code. Reference: Sections 116385 and 116555, Health and Safety Code. s 64450.1. Monitoring -Unregulated Chemicals. Note: Authority cited: Sections 100275, 116350 and 116375, Health and Safety Code. Reference: Sections 116375, 116385, 116400 and 116555, Health and Safety Code. s 64451. Reporting Requirements. Note: Authority cited: Sections 100275 and 116375, Health and Safety Code. Reference: Section 116385, Health and Safety Code. s 64453. Record Maintenance. Note: Authority cited: Sections 208 and 4026, Health and Safety Code. Reference: Section 4024, Health and Safety Code. s 64461. Significant Rise in Bacterial Count Notification. s 64463. General Public Notification Requirements. (a) Each public (community, nontransient-noncommunity and transient-noncommunity) water system shall give public notice to persons served by the water system pursuant to this article. (b) Each water system required to give public notice shall submit the notice to the Department for approval prior to distribution or posting, unless otherwise directed by the Department. (c) Each wholesaler shall give public notice to the owner or operator of each of its retailer systems. A retailer is responsible for providing public notice to the persons it serves. If the retailer arranges for the wholesaler to provide the notification, the retailer shall notify the Department prior to the notice being given. (d) Each water system that has a violation of any of the regulatory requirements specified in subsections 64463.1(a), 64463.4(a) or 64463.7(a) in a portion of the distribution system that is physically or hydraulically isolated from other parts of the distribution system may limit distribution of the notice to only persons served by that portion of the system that is out of compliance, if the Department has granted written approval on the basis of a review of the water system and the data leading to the violation or occurrence for which notice is being given. (e) Each water system shall give new customers public notice of any acute violation as specified in subsection 64463.1(a) that occurred within the previous thirty days, any continuing violation, the existence of a variance or exemption, and/or any other ongoing occurrence that the Department has determined poses a potential risk of adverse effects on human health [based on a review of estimated exposures and toxicological data associated with the contaminant(s)] and requires a public notice. Notice to new customers shall be given as follows: (1) Community water systems shall give a copy of the most recent public notice prior to or at the time service begins; and (2) Noncommunity water systems shall post the most recent public notice in conspicuous locations for as long as the violation, variance, exemption, or other occurrence continues. Note: Authority cited: Sections 116325, 116350 and 116375, Health and Safety Code. Reference: Section 116450, Health and Safety Code. s 64463.1. Tier 1 Public Notice. (a) Each water system shall give public notice pursuant to this section and section 64465 if any of the following occurs: (1) Violation of the total coliform MCL when: (A) Fecal coliform or E. coliare present in the distribution system, or (B) When any repeat sample tests positive for coliform and the water system fails to test for fecal coliforms or E. coliin the repeat sample; (2) Violation of the MCL for nitrate, nitrite, or total nitrate and nitrite, or when the water system fails to take a confirmation sample within 24 hours of the system's receipt of the first sample showing an exceedance of the nitrate or nitrite MCL; (3) Violation of a Chapter 17 treatment technique requirement resulting from a single exceedance of a maximum allowable turbidity level if: (A) The Department determines after consultation with the water system and a review of the data that a Tier 1 public notice is required, or (B) The consultation between the Department and the water system does not take place within 24 hours after the water system learns of the violation; (4) Occurrence of a waterborne microbial disease outbreak, as defined in section 64651.91 or other waterborne emergency, a failure or significant interruption in water treatment processes, a natural disaster that disrupts the water supply or distribution system, or a chemical spill or unexpected loading of possible pathogens into the source water that has the potential for adverse effects on human health as a result of short-term exposure; or (5) Other violation or occurrence that has the potential for adverse effects on human health as a result of short-term exposure, as determined by the Department based on a review of all available toxicological and analytical data. (b) As soon as possible within 24 hours after learning of any of the violations in subsection (a) or being notified by the Department that it has determined there is a potential for adverse effects on human health [pursuant to paragraph (a)(4) or (5)], the water system shall: (1) Give public notice pursuant to this section (2) Initiate consultation with the Department within the same timeframe; and (3) Comply with any additional public notice requirements that are determined by the consultation to be necessary to protect public health. (c) Each water system shall deliver the public notice in a manner designed to reach residential, transient, and nontransient users of the water system and shall use, as a minimum, one of the following forms: (1) Radio or television; (2) Posting in conspicuous locations throughout the area served by the water system; (3) Hand delivery to persons served by the water system; or (4) Other method approved by the Department, based on the method's ability to inform water system users. Note: Authority cited: Sections 116325, 116350 and 116375, Health and Safety Code. Reference: Section 116450, Health and Safety Code. s 64463.2. Reporting and Notification of Unregulated Organic Chemicals Monitoring. Note: Authority cited: Sections 208, 4021 and 4023.3, Health and Safety Code. Reference: Sections 4017, 4024 and 4028, Health and Safety Code. s 64463.4. Tier 2 Public Notice. (a) Each water system shall give public notice pursuant to this section if any of the following occurs: (1) Any violation of the MCL and treatment technique requirements, except: (A) Where a Tier 1 public notice is required under section 64463.1, or (B) Where the Department determines that a Tier 1 public notice is required, based on potential health impacts and persistence of the violations; (2) All violations of the monitoring and testing procedure requirements in sections 64421 through 64426.1, article 3 (Primary Standards - Bacteriological Quality), for which the Department determines that a Tier 2 rather than a Tier 3 public notice is required, based on potential health impacts and persistence of the violations; (3) Other violations of the monitoring and testing procedure requirements in this chapter, and chapters 17 and 17.5, for which the Department determines that a Tier 2 rather than a Tier 3 public notice is required, based on potential health impacts and persistence of the violations; or (4) Failure to comply with the terms and conditions of any variance or exemption in place. (b) Each water system shall give the notice as soon as possible within 30 days after it learns of a violation or occurrence specified in subsection (a), except that the water system may request an extension of up to 60 days for providing the notice. This extension would be subject to the Department's written approval based on the violation or occurrence having been resolved and the Department's determination that public health and welfare would in no way be adversely affected. In addition, the water system shall: (1) Maintain posted notices in place for as long as the violation or occurrence continues, but in no case less than seven days; (2) Repeat the notice every three months as long as the violation or occurrence continues. Subject to the Department's written approval based on its determination that public health would in no way be adversely affected, the water system may be allowed to notice less frequently but in no case less than once per year. No allowance for reduced frequency of notice shall be given in the case of a total coliform MCL violation or violation of a Chapter 17 treatment technique requirement; (3) For turbidity violations pursuant to subsections 64652.5(c)(2) and 64653(c), (d) and (f), as applicable, a water system shall consult with the Department as soon as possible within 24 hours after the water system learns of the violation to determine whether a Tier 1 public notice is required. If consultation does not take place within 24 hours, the water system shall give Tier 1 public notice within 48 hours after learning of the violation. (c) Each water system shall deliver the notice, in a manner designed to reach persons served, within the required time period as follows: (1) Unless otherwise directed by the Department in writing based on its assessment of the violation or occurrence and the potential for adverse effects on public health and welfare, community water systems shall give public notice by (A) Mail or direct delivery to each customer receiving a bill including those that provide their drinking water to others (e.g., schools or school systems, apartment building owners, or large private employers), and other service connections to which water is delivered by the water system; and (B) Use of one or more of the following methods to reach persons not likely to be reached by a mailing or direct delivery (renters, university students, nursing home patients, prison inmates, etc.): 1. Publication in a local newspaper; 2. Posting in conspicuous public places served by the water system, or on the Internet; or 3. Delivery to community organizations. (2) Unless otherwise directed by the Department in writing based on its assessment of the violation or occurrence and the potential for adverse effects on public health and welfare, noncommunity water systems shall give the public notice by: (A) Posting in conspicuous locations throughout the area served by the water system; and (B) Using one or more of the following methods to reach persons not likely to be reached by a public posting: 1. Publication in a local newspaper or newsletter distributed to customers; 2. E-mail message to employees or students; 3. Posting on the Internet or intranet; or 4. Direct delivery to each customer. Note: Authority cited: Sections 116325, 116350 and 116375, Health and Safety Code. Reference: Section 116450, Health and Safety Code. s 64463.7. Tier 3 Public Notice. (a) Each water system shall give public notice pursuant to this section if any of the following occurs: (1) Monitoring violations; (2) Failure to comply with a testing procedure, except where a Tier 1 public notice is required pursuant to section 64463.1 or the Department determines that a Tier 2 public notice is required pursuant to section 64463.4; or (3) Operation under a variance or exemption. (b) Each water system shall give the public notice within one year after it learns of the violation or begins operating under a variance or exemption. (1) The water system shall repeat the public notice annually for as long as the violation, variance, exemption, or other occurrence continues. (2) Posted public notices shall remain in place for as long as the violation, variance, exemption, or other occurrence continues, but in no case less than seven days. (3) Instead of individual Tier 3 public notices, a water system may use an annual report detailing all violations and occurrences for the previous twelve months, as long as the water system meets the frequency requirements specified in this subsection. (c) Each water system shall deliver the notice in a manner designed to reach persons served within the required time period, as follows: (1) Unless otherwise directed by the Department in writing based on its assessment of the violation or occurrence and the potential for adverse effects on public health and welfare, community water systems shall give public notice by (A) Mail or direct delivery to each customer receiving a bill including those that provide their drinking water to others (e.g., schools or school systems, apartment building owners, or large private employers), and other service connections to which water is delivered by the water system; and (B) Use of one or more of the following methods to reach persons not likely to be reached by a mailing or direct delivery (renters, university students, nursing home patients, prison inmates, etc.): 1. Publication in a local newspaper; 2. Posting in conspicuous public places served by the water system, or on the Internet; or 3. Delivery to community organizations. (2) Unless otherwise directed by the Department in writing based on its assessment of the violation or occurrence and the potential for adverse effects on public health and welfare, noncommunity water systems shall give the public notice by: (A) Posting in conspicuous locations throughout the area served by the water system; and (B) Using one or more of the following methods to reach persons not likely to be reached by a posting: 1. Publication in a local newspaper or newsletter distributed to customers; 2. E-mail message to employees or students; 3. Posting on the Internet or intranet; or 4. Direct delivery to each customer. (d) Community and nontransient-noncommunity water systems may use the Consumer Confidence Report pursuant to sections 64480 through 64483, to meet the initial and repeat Tier 3 public notice requirements in subsection 64463.7(b), as long as the Report meets the following: (1) Is given no later than one year after the water system learns of the violation or occurrence; (2) Includes the content specified in section 64465; and (3) Is distributed pursuant to paragraph(b)(1) and (2) or subsection (c). Note: Authority cited: Sections 116325, 116350 and 116375, Health and Safety Code. Reference: Section 116450, Health and Safety Code. s 64464.1. Notification Methods. Note: Authority cited: Sections 208, 4023.3 and 4028, Health and Safety Code. Reference: Sections 4010-4039.6, Health and Safety Code. s 64464.3. Public Notification -Water Quality Failure. Note: Authority cited: Sections 100275, 116375 and 116450, Health and Safety Code. Reference: Sections 116270-116751, Health and Safety Code. s 64464.6. Public Notification -Procedural Failure. Note: Authority cited: Sections 100275, 116425 and 116450, Health and Safety Code. Reference: Sections 116270-116751, Health and Safety Code. s 64465. Public Notice Content and Format. (a) Each public notice given pursuant to this article, except Tier 3 public notices for variances and exemptions pursuant to subsection (b), shall contain the following: (1) A description of the violation or occurrence, including the contaminant(s) of concern, and (as applicable) the contaminant level(s); (2) The date(s) of the violation or occurrence; (3) Any potential adverse health effects from the violation or occurrence, including the appropriate standard health effects language from appendices 64465-A through G; (4) The population at risk, including subpopulations particularly vulnerable if exposed to the contaminant in drinking water; (5) Whether alternative water supplies should be used; (6) What actions consumers should take, including when they should seek medical help, if known; (7) What the water system is doing to correct the violation or occurrence; (8) When the water system expects to return to compliance or resolve the occurrence; (9) The name, business address, and phone number of the water system owner, operator, or designee of the water system as a source of additional information concerning the public notice; (10) A statement to encourage the public notice recipient to distribute the public notice to other persons served, using the following standard language: "Please share this information with all the other people who drink this water, especially those who may not have received this public notice directly (for example, people in apartments, nursing homes, schools, and businesses). You can do this by posting this public notice in a public place or distributing copies by hand or mail"; and (11) For a water system with a monitoring and testing procedure violation, this language shall be included: "We are required to monitor your drinking water for specific contaminants on a regular basis. Results of regular monitoring are an indicator of whether or not your drinking water meets health standards. During [compliance period dates], we ['did not monitor or test'or 'did not complete all monitoring or testing']for [contaminant(s)], and therefore, cannot be sure of the quality of your drinking water during that time." (b) A Tier 3 public notice for a water system operating under a variance or exemption shall include the elements in this subsection. If a water system has violated its variance or exemption conditions, the public notice shall also include the elements in subsection (a). (1) An explanation of the reasons for the variance or exemption; (2) The date on which the variance or exemption was issued; (3) A brief status report on the steps the water system is taking to install treatment, find alternative sources of water, or otherwise comply with the terms and schedules of the variance or exemption; and (4) A notice of any opportunity for public input in the review of the variance or exemption. (c) Each public notice given pursuant to this article shall contain information in Spanish regarding the importance of the notice, or contain a telephone number or address where Spanish-speaking residents may contact the water system to obtain a translated copy of the public notice or assistance in Spanish. For each non-English speaking group other than Spanish-speaking that exceeds 1,000 residents or 10% of the residents in the community served, whichever is less, the public notice shall: (1) Contain information in the appropriate language(s) regarding the importance of the notice, or (2) Contain a telephone number or address where such residents may contact the water system to obtain a translated copy of the notice or assistance in the appropriate language. (d) Each public notice given pursuant to this article shall: (1) Be displayed such that it catches people's attention when printed or posted and be formatted in such a way that the message in the public notice can be understood at the eighth-grade level; (2) Not contain technical language beyond an eighth-grade level or print smaller than 12 point; and (3) Not contain language that minimizes or contradicts the information being given in the public notice. Appendix 64465-A. Health Effects Language Microbiological Contaminants. Contaminant Health Effects language Total Coliform Coliforms are bacteria that are naturally present in the environment and are used as an indicator that other, potentially-harmful, bacteria may be present. Coliforms were found in more samples than allowed and this was a warning of potential problems. Fecal coliform/E.Coli Fecal coliforms andE. coliare bacteria whose presence indicates that the water may be contaminated with human or animal wastes. Microbes in these wastes can cause short-term effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a special health risk for infants, young children, some of the elderly, and people with severely compromised immune systems. Turbidity Turbidity has no health effects. However, high levels of turbidity can interfere with disinfection and provide a medium for microbial growth. Turbidity may indicate the presence of disease-causing organisms. These organisms include bacteria, viruses, and parasites that can cause symptoms such as nausea, cramps, diarrhea, and associated headaches. Appendix 64465-B. Health Effects Language Surface Water Treatment Contaminant Health Effects language Giardia lamblia Inadequately treated water may contain Viruses disease-causing organisms. These organisms Heterotrophic plate include bacteria, viruses, and parasites that can count bacteria cause symptoms such as nausea, cramps, Legionella diarrhea, and associated headaches. Cryptosporidium Appendix 64465-C. Health Effects Language Radioactive Contaminants. Contaminant Health Effects Language Gross Beta particle activity Certain minerals are radioactive and may emit forms of radiation known as photons and beta radiation. Some people who drink water containing beta and photon emitters in excess of the MCL over many years may have an increased risk of getting cancer. Strontium-90 Some people who drink water containing strontium-90 in excess of the MCL over many years may have an increased risk of getting cancer. Tritium Some people who drink water containing tritium in excess of the MCL over many years may have an increased risk of getting cancer. Gross Alpha particle activity Certain minerals are radioactive and may emit a form of radiation known as alpha radiation. Some people who drink water containing alpha emitters in excess of the MCL over many years may have an increased risk of getting cancer. Combined Radium 226/228 Some people who drink water containing radium 226 or 228 in excess of the MCL over many years may have an increased risk of getting cancer. Uranium Some people who drink water containing uranium in excess of the MCL over many years may have kidney problems or an increased risk of getting cancer. Appendix 64465-D. Health Effects Language Inorganic Contaminants. Contaminant Health Effects Language Aluminum Some people who drink water containing aluminum in excess of the MCL over many years may experience short-term gastrointestinal tract effects. Antimony Some people who drink water containing antimony in excess of the MCL over many years may experience increases in blood cholesterol and decreases in blood sugar. Arsenic Some people who drink water containing arsenic in excess of the MCL over many years may experience skin damage or circulatory system problems, and may have an increased risk of getting cancer. Asbestos Some people who drink water containing asbestos in excess of the MCL over many years may have an increased risk of developing benign intestinal polyps. Barium Some people who drink water containing barium in excess of the MCL over many years may experience an increase in blood pressure. Beryllium Some people who drink water containing beryllium in excess of the MCL over many years may develop intestinal lesions. Cadmium Some people who drink water containing cadmium in excess of the MCL over many years may experience kidney damage. Chromium Some people who use water containing chromium in excess of the MCL over many years may experience allergic dermatitis. Copper Copper is an essential nutrient, but some people who drink water containing copper in excess of the action level over a relatively short amount of time may experience gastrointestinal distress. Some people who drink water containing copper in excess of the action level over many years may suffer liver or kidney damage. People with Wilson's Disease should consult their personal doctor. Cyanide Some people who drink water containing cyanide in excess of the MCL over many years may experience nerve damage or thyroid problems. Fluoride For the Consumer Confidence Report:Some people who drink water containing fluoride in excess of the federal MCL of 4 mg/L over many years may get bone disease, including pain and tenderness of the bones. Children who drink water containing fluoride in excess of the state MCL of 2 mg/L may get mottled teeth. For a Public Notice:This is an alert about your drinking water and a cosmetic dental problem that might affect At low levels, fluoride can help prevent cavities, children under nine years of age. but children drinking water containing more than 2 milligrams per liter (mg/L) of fluoride may develop cosmetic discoloration of their permanent teeth (dental fluorosis). The drinking water provided by your community water system [name] has a fluoride concentration of [insert value] mg/L. Dental fluorosis may result in a brown staining and/or pitting of the permanent teeth. This problem occurs only in developing teeth, before they erupt from the gums. Children under nine should be provided with alternative sources of drinking water or water that has been treated to remove the fluoride to avoid the possibility of staining and pitting of their permanent teeth. You may also want to contact your dentist about proper use by young children of fluoride- containing products. Older children and adults may safely drink the water. Drinking water containing more than 4 mg/L of fluoride can increase your risk of developing bone disease. For more information, please call [water system contact name] of [water system name] at [phone number]. Some home water treatment units are also available to remove fluoride from drinking water. To learn more about available home water treatment units, you may call the California Department of Health Services Water Treatment Device Unit at (916) 323-6111. Lead Infants and children who drink water containing lead in excess of the action level may experience delays in their physical or mental development. Children may show slight deficits in attention span and learning abilities. Adults who drink this water over many years may develop kidney problems or high blood pressure. Mercury Some people who drink water containing mercury in excess of the MCL over many years may experience mental disturbances, or impaired physical coordination, speech and hearing. Nickel Some people who drink water containing nickel in excess of the MCL over many years may experience liver and heart effects. Nitrate Infants below the age of six months who drink water containing nitrate in excess of the MCL may quickly become seriously ill and, if untreated, may die because high nitrate levels can interfere with the capacity of the infant's blood to carry oxygen. Symptoms include shortness of breath and blueness of the skin. High nitrate levels may also affect the oxygen-carrying ability of the blood of pregnant women. Nitrite Infants below the age of six months who drink water containing nitrite in excess of the MCL may become seriously ill and, if untreated, may die. Symptoms include shortness of breath and blueness of the skin. Selenium Selenium is an essential nutrient. However, some people who drink water containing selenium in excess of the MCL over many years may experience hair or fingernail losses, numbness in fingers or toes, or circulation system problems. Thallium Some people who drink water containing thallium in excess of the MCL over many years may experience hair loss, changes in their blood, or kidney, intestinal, or liver problems. Appendix 64465-E. Health Effects Language Volatile Organic Contaminants. Contaminant Health Effects Language Benzene Some people who use water containing benzene in excess of the MCL over many years may experience anemia or a decrease in blood platelets, and may have an increased risk of getting cancer. Carbon Tetrachloride Some people who use water containing carbon tetrachloride in excess of the MCL over many years may experience liver problems and may have an increased risk of getting cancer. 1,2-Dichlorobenzene Some people who drink water containing 1,2-dichlorobenzene in excess of the MCL over many years may experience liver, kidney, or circulatory system problems. 1,4-Dichlorobenzene Some people who use water containing 1,4-dichlorobenzenein in excess of the MCL over many years may experience anemia, liver, kidney, or spleen damage, or changes in their blood." 1,1-Dichloroethane Some people who use water containing 1,1-dichloroethane in excess of the MCL over many years may experience nervous system or respiratory problems. 1,2-Dichloroethane Some people who use water containing 1,2- dichloroethane in excess of the MCL over many years may have an increased risk of getting cancer. 1,1-Dichloroethylene Some people who use water containing 1,1-dichloroethylene in excess of the MCL over many years may experience liver problems. cis-1,2-Dichloroethylene Some people who use water containing cis-1,2-dichloroethylene in excess of the MCL over many years may experience liver problems. trans-1,2-Dichloroethylene Some people who drink water containing trans-1,2-dichloroethylene in excess of the MCL over many years may experience liver problems. Dichloromethane Some people who drink water containing dichloromethane in excess of the MCL over many years may experience liver problems and may have an increased risk of getting cancer. 1,2-Dichloropropane Some people who use water containing 1,2-dichloropropane in excess of the MCL over many years may have an increased risk of getting cancer. 1,3-Dichloropropene Some people who use water containing 1,3-dichloropropene in excess of the MCL over many years may have an increased risk of getting cancer. Ethylbenzene Some people who use water containing ethylbenzene in excess of the MCL over many years may experience liver or kidney problems. Methyl-tert-butyl ether Some people who use water containing methyl-tert-butyl ether in excess of the MCL over many years may have an increased risk of getting cancer. Monochlorobenzene Some people who use water containing monochlorobenzene in excess of the MCL over many years may experience liver or kidney problems. Styrene Some people who drink water containing styrene in excess of the MCL over many years may experience liver, kidney, or circulatory system problems. 1,1,2,2-Tetrachloroethane Some people who drinking water containing 1,1,2,2-tetrachloroethane in excess of the MCL over many years may experience liver or nervous system problems. Tetrachloroethylene Some people who use water containing tetrachloroethylene in excess of the MCL over many years may experience liver problems, and may have an increased risk of getting cancer. 1,2,4-Trichlorobenzene Some people who use water containing 1,2,4-trichlorobenzene in excess of the MCL over many years may experience adrenal gland changes. 1,1,1,-Trichloroethane Some people who use water containing 1,1,1-trichloroethane in excess of the MCL over many years may experience liver, nervous system, or circulatory system problems. 1,1,2-Trichloroethane Some people who use water containing 1,1,2- trichloroethane in excess of the MCL over many years may experience liver, kidney, or immune system problems. Trichloroethylene (TCE) Some people who use water containing trichloroethylene in excess of the MCL over many years may experience liver problems and may have an increased risk of getting cancer. Toluene Some people who use water containing toluene in excess of the MCL over many years may experience nervous system, kidney, or liver problems. Trichlorofluoromethane Some people who use water containing trichlorofluoromethane in excess of the MCL over many years may experience liver problems. 1,1,2-Trichloro-1,2,2- Some people who use water containing trifluoroethane 1,1,2-trichloro-1,2,2-trifluoroethane in excess of the MCL over many years may experience liver problems. Vinyl Chloride Some people who use water containing vinyl chloride in excess of the MCL over many years may have an increased risk of getting cancer. Xylenes Some people who use water containing xylenes in excess of the MCL over many years may experience nervous system damage. Appendix 64465-F. Health Effects Language Synthetic Organic Contaminants. Contaminant Health Effects Language 2,4-D Some people who use water containing the weed killer 2,4-D in excess of the MCL over many years may experience kidney, liver, or adrenal gland problems. 2,4,5-TP (Silvex) Some people who drink water containing Silvex in excess of the MCL over many years may experience liver problems. Alachlor Some people who use water containing alachlor #3in excess of the MCL over experience eye, liver, kidney, or spleen many years may problems, or experience anemia, and may have an increased risk of getting cancer. Atrazine Some people who use water containing atrazine in excess of the MCL over many years may experience cardiovascular system problems or reproductive difficulties. Bentazon Some people who drink water containing bentazon in excess of the MCL overy many year may experience prostate and gastrointestinal effects. Benzo(a)pyrene [PAH] Some people who use water containing benzo(a)pyrene in excess of the MCL over many years may experience reproductive difficulties and may have an increased risk of getting cancer. Carbofuran Some people who use water containing carbo- furan in excess of the MCL over many years may experience problems with their blood, or nervous or reproductive system problems. Chlordane Some people who use water containing chlordane in excess of the MCL over many years may experience liver or nervous system problems, and may have an increased risk of getting cancer. Dalapon Some people who drink water containing dalapon in excess of the MCL over many years may experience minor kidney changes. Dibromochloropropane Some people who use water containing DBCP in (DBCP) excess of the MCL over many years may experience reproductive difficulties and may have an increased risk of getting cancer. Di (2-ethylhexyl) adipate Some people who drink water containing di(2-ethylhexyl) adipate in excess of the MCL over many years may experience weight loss, liver enlargement, or possible reproductive difficulties. Di (2-ethylhexyl) phthalate Some people who use water containing di(2-ethylhexyl) phthalate well in excess of the MCL over many years may experience liver problems or reproductive difficulties, and may have an increased risk of getting cancer. Dinoseb Some people who drink water containing dinoseb in excess of the MCL over many years may experience reproductive difficulties. Dioxin (2,3,7,8-TCDD): Some people who use water containing dioxin in excess of the MCL over many years may experience reproductive difficulties and may have an increased risk of getting cancer. Diquat Some people who drink water containing diquat in excess of the MCL over many years may get cataracts. Endothall Some people who drink water containing endothall in excess of the MCL over many years may experience stomach or intestinal problems. Endrin Some people who drink water containing endrin in excess of the MCL over many years may experience liver problems. Ethylene dibromide (EDB) Some people who use water containing ethylene dibromide in excess of the MCL over many years may experience liver, stomach, reproductive system, or kidney problems, and may have an increased risk of getting cancer. Glyphosate Some people who drink water containing glyphosate in excess of the MCL over many years may experience kidney problems or reproductive difficulties. Heptachlor Some people who use water containing heptachlor in excess of the MCL over many years may experience liver damage and may have an increased risk of getting cancer. Heptachlor epoxide Some people who use water containing heptachlor epoxide in excess of the MCL over many years may experience liver damage, and may have an increased risk of getting cancer. Hexachlorobenzene Some people who drink water containing hexachlorobenzene in excess of the MCL over many years may experience liver or kidney problems, or adverse reproductive effects, and may have an increased risk of getting cancer. Hexachlorocyclopentadiene Some people who use water containing hexachlorocyclopentadiene in excess of the MCL over many years may experience kidney or stomach problems. Lindane Some people who drink water containing lindane in excess of the MCL over many years may experience kidney or liver problems. Methoxychlor Some people who drink water containing methoxychlor in excess of the MCL over many years may experience reproductive difficulties. Molinate (Ordram) Some people who use water containing molinate in excess of the MCL over many years may experience reproductive effects. Oxamyl [Vydate]: Some people who drink water containing oxamyl in excess of the MCL over many years may experience slight nervous system effects. PCBs [Polychlorinated Some people who drink water containing PCBs biphenyls]: in excess of the MCL over many years may experience changes in their skin, thymus gland problems, immune deficiencies, or reproductive or nervous system difficulties, and may have an increased risk of getting cancer. Pentachlorophenol Some people who use water containing pentachlorophenol in excess of the MCL over many years may experience liver or kidney problems, and may have an increased risk of getting cancer. Picloram Some people who drink water containing picloram in excess of the MCL over many years may experience liver problems. Simazine Some people who use water containing simazine in excess of the MCL over many years may experience blood problems. Thiobencarb Some people who use water containing thiobencarb in excess of the MCL over many years may experience body weight and blood effects. Toxaphene Some people who use water containing toxaphene in excess of the MCL over many years may experience kidney, liver, or thyroid problems, and may have an increased risk of getting cancer. Appendix 64465-G. Health Effects Language Disinfection Byproducts, Byproduct Precursors, and Disinfectant Residuals Contaminant Health Effects language TTHMs [Total Some people who drink water containing Trihalomethanes]: trihalomethanes in excess of the MCL over many years may experience liver, kidney, or central nervous system problems, and may have an increased risk of getting cancer. Haloacetic Acids Some people who drink water containing halocetic acids in excess of the MCL over many years may have an increased risk of getting cancer. Bromate Some people who drink water containing bromate in excess of the MCL over many years may have an increased risk of getting cancer. Chloramines Some people who use water containing chloramines well in excess of the MRDL could experience irritating effects to their eyes and nose. Some people who drink water containing chloramines well in excess of the MRDL could experience stomach discomfort or anemia. Chlorine Some people who use water containing chlorine well in excess of the MRDL could experience irritating effects to their eyes and nose. Some people who drink water containing chlorine well in excess of the MRDL could experience stomach discomfort. Chlorite Some infants and young children who drink water containing chlorite in excess of the MCL could experience nervous system effects. Similar effects may occur in fetuses of pregnant women who drink water containing chlorite in excess of the MCL. Some people may experience anemia. Chlorine dioxide (2 Some infants and young children who drink consecutive daily samples water containing chlorine dioxide in excess of the at the entry point to the MRDL could experience nervous system effects. distribution system that Similar effects may occur in fetuses of pregnant are greater than the MRDL) women who drink water containing chlorine dioxide in excess of the MRDL. Some people may experience anemia. Add for public notification only: The chlorine dioxide violations reported today are the result of exceedances at the treatment facility only, not within the distribution system that delivers water to consumers. Continued compliance with chlorine dioxide levels within the distribution system minimizes the potential risk of these violations to consumers. Chlorine dioxide (one or Some infants and young children who drink more distribution system water containing chlorine dioxide in excess of the samples are above the MRDL could experience nervous system effects. MRDL.) Similar effects may occur in fetuses of pregnant women who drink water containing chlorine dioxide in excess of the MRDL. Some people may experience anemia. Add for public notification only: The chlorine dioxide violations reported today include exceedances of the State standard within the distribution system that delivers water to consumers. These violations may harm human health based on short-term exposures. Certain groups, including fetuses, infants, and young children, may be especially susceptible to nervous system effects from excessive chlorine dioxide exposure. Control of DBP Total organic carbon (TOC) has no health effects. precursors (TOC) However, total organic carbon provides a medium for the formation of disinfection byproducts. These byproducts include trihalomethanes (THMs) and haloacetic acids (HAAs). Drinking water containing these byproducts in excess of the MCL may lead to adverse health effects, liver or kidney problems, or nervous system effects, and may lead to an increased risk of getting cancer. Appendix 64465-H. Health Effects Language Other Treatment Techniques Contaminant Health Effects language Acrylamide Some people who drink water containing high levels of acrylamide over a long period of time may experience nervous system or blood problems, and may have an increased risk of getting cancer. Epichlorohydrin Some people who drink water containing high levels of epichlorohydrin over a long period of time may experience stomach problems, and may have an increased risk of getting cancer. Note: Authority cited: Sections 116325, 116350 and 116375, Health and Safety Code. Reference: Section 116450, Health and Safety Code. s 64466. Special Notice for Unregulated Contaminant Monitoring Results. Water systems required to monitor pursuant to section 64450 (Unregulated Chemicals - Monitoring) and/or Federal Register 64(180), p 50556-50620, September 17, 1999, shall notify persons served by the water system of the availability of the results, as follows: (a) No later than 12 months after the results are known; (b) Pursuant to sections 64463.7(c) and (d)(1) and (3); and (c) Include a contact and telephone number where information on the results may be obtained. Note: Authority cited: Sections 116325, 116350 and 116375, Health and Safety Code. Reference: Section 116450, Health and Safety Code. s 64467. Notice. Note: Authority cited: Sections 208, 4027 and 4028, Health and Safety Code. Reference: Sections 4010-4039.6, Health and Safety Code. s 64467.5. Wholesaler. Note: Authority cited: Sections 208, 4023.3, 4027 and 4028, Health and Safety Code. Reference: Sections 4010-4039.6, Health and Safety Code. s 64468. Health Effects Language. Note: Authority cited: Sections 208 and 4028, Health and Safety Code. Reference: Sections 4010-4039.5, Health and Safety Code. s 64468.1. Health Effects Language -Inorganic Chemicals. Note: Authority cited: Sections 100275, 116350, 116365, 116375 and 116450, Health and Safety Code. Reference: Sections 116270-116751, Health and Safety Code; and 40 Code of Federal Regulations 141.32(e). s 64468.2. Health Effects Language -Volatile Organic Chemicals. Note: Authority cited: Sections 100275, 116350, 116375 and 116450, Health and Safety Code. Reference: Sections 116270-116751, Health and Safety Code; and 40 Code of Federal Regulations 141.32(e). s 64468.3. Health Effects Language -Synthetic Organic Chemicals. Note: Authority cited: Sections 100275, 116350, 116375 and 116450, Health and Safety Code. Reference: Sections 116270-116751, Health and Safety Code; and 40 Code of Federal Regulations 141.32(e). s 64468.4. Health Effects Language -Treatment Technique Chemicals. Note: Authority cited: Sections 208 and 4028, Health and Safety Code. Reference: Sections 4010-4039.5, Health and Safety Code. s 64468.5. Health Effects Language - Disinfectants and Disinfection Byproducts. Pursuant to Section 64467, the explanation of potential adverse health effects for disinfectants and disinfection byproducts shall include the following mandatory language for the designated contaminants: (a) Chlorine: "The California Department of Health Services (DHS) sets drinking water standards and has determined that chlorine is a health concern at certain levels of exposure. Chlorine is added to drinking water as a disinfectant to kill bacteria and other disease-causing microorganisms and is also added to provide continuous disinfection throughout the distribution system. Disinfection is required for surface water systems. However, at high doses for extended periods of time, chlorine has been shown to affect blood and the liver in laboratory animals. DHS has set a drinking water standard for chlorine to protect against the risk of these adverse effects. Drinking water which meets this DHS standard is associated with little to none of this risk and should be considered safe with respect to chlorine." (b) Chloramines: "The California Department of Health Services (DHS) sets drinking water standards and has determined that chloramines are a health concern at certain levels of exposure. Chloramines are added to drinking water as a disinfectant to kill bacteria and other disease-causing microorganisms and are also added to provide continuous disinfection throughout the distribution system. Disinfection is required for surface water systems. However, at high doses for extended periods of time, chloramines have been shown to affect blood and the liver in laboratory animals. DHS has set a drinking water standard for chloramines to protect against the risk of these adverse effects. Drinking water which meets this DHS standard is associated with little to none of this risk and should be considered safe with respect to chloramines." (c) Chlorine Dioxide: "The California Department of Health Services (DHS) sets drinking water standards and has determined that chlorine dioxide is a health concern at certain levels of exposure. Chlorine dioxide is used in water treatment to kill bacteria and other disease-causing microorganisms and can be used to control tastes and odors. Disinfection is required for surface water systems. However, at high doses, chlorine dioxide-treated drinking water has been shown to affect blood in laboratory animals. Also, high levels of chlorine dioxide given to laboratory animals in drinking water have been shown to cause neurological effects on the developing nervous system. These neurodevelopmental effects may occur as a result of a short-term excessive chlorine dioxide exposure. To protect against such potentially harmful exposures, DHS requires chlorine dioxide monitoring at the treatment plant, where disinfection occurs, and at representative points in the distribution system serving water users. DHS has set a drinking water standard for chlorine dioxide to protect against the risk of these adverse effects."[In addition to this language, systems with a violation at the treatment plant, but not in the distribution system, shall include the language in paragraph (1); systems with a violation in the distribution system shall include the language in paragraph (2) and provide notification pursuant to section 64464.1(a) - Method 1.] (1) "The chlorine dioxide violations reported today are the result of exceedances at the treatment facility only, and do not include violations within the distribution system serving users of this water supply. Continued compliance with chlorine dioxide levels within the distribution system minimizes the potential risk of these violations to present consumers." (2) "The chlorine dioxide violations reported today include exceedances of the DHS standard within the distribution system serving water users. Violations of the chlorine dioxide standard within the distribution system may harm human health based on short-term exposures. Certain groups, including pregnant women, infants, and young children, may be especially susceptible to adverse effects of excessive exposure to chlorine dioxide-treated water. The purpose of this notice is to advise that such persons should consider reducing their risk of adverse effects from these chlorine dioxide violations by seeking alternate sources of water for human consumption until such exceedances are rectified. The Local Health Department and DHS are the best sources for information concerning alternate sources of drinking water." (d) Disinfection Byproducts and Treatment Technique for DBPs: "The California Department of Health Services (DHS) sets drinking water standards and requires the disinfection of drinking water. However, when used in the treatment of drinking water, disinfectants react with naturally-occurring organic and inorganic matter present in water to form chemicals called disinfection byproducts (DBPs). DHS has determined that a number of DBPs are a health concern at certain levels of exposure. Certain DBPs, including some trihalomethanes (THMs) and some haloacetic acids (HAAs), have been shown to cause cancer in laboratory animals. Other DBPs have been shown to affect the liver and the nervous system, and cause reproductive or developmental effects in laboratory animals. Exposure to certain DBPs may produce similar effects in people. DHS has set standards to limit exposure to THMs, HAAs, and other DBPs." (e) Bromate: "The California Department of Health Services (DHS) sets drinking water standards and has determined that bromate is a health concern at certain levels of exposure. Bromate is formed as a byproduct of ozone disinfection of drinking water. Ozone reacts with naturally occurring bromide in the water to form bromate. Bromate has been shown to produce cancer in rats. DHS has set a drinking water standard to limit exposure to bromate." (f) Chlorite: "The California Department of Health Services (DHS) sets drinking water standards and has determined that chlorite is a health concern at certain levels of exposure. Chlorite is formed from the breakdown of chlorine dioxide, a drinking water disinfectant. Chlorite in drinking water has been shown to affect blood and the developing nervous system. DHS has set a drinking water standard for chlorite to protect against these effects. Drinking water which meets this standard is associated with little to none of these risks and should be considered safe with respect to chlorite." Note: Authority cited: Sections 116325 and 116375, Health and Safety Code. Reference: Sections 116350, 116450 and 116460, Health and Safety Code. s 64469. Reporting Requirements. (a) Analytical results of all sample analyses completed in a calendar month shall be reported to the Department no later than the tenth day of the following month. (b) Analytical results of all sample analyses completed by water wholesalers in a calendar month shall be reported to retail customers and the Department no later than the tenth day of the following month. (c) Analytical results shall be reported to the Department electronically using the Electronic Deliverable Format as defined in The Electronic Deliverable Format [EDF] Version 1.2i Guidelines & Restrictions dated April 2001 and Data Dictionary dated April 2001. (d) Within 10 days of giving initial or repeat public notice pursuant to Article 18 of this Chapter, except for notice given under 64463.7(d), each water system shall submit a certification to the Department that it has done so, along with a representative copy of each type of public notice given. Note: Authority cited: Sections 100275 and 116375, Health and Safety Code. Reference: Section 116385, Health and Safety Code. s 64470. Recordkeeping. (a) Each water supplier shall maintain records on all water quality and system water outage complaints, both verbal and written, received and corrective action taken. These records shall be retained for a period of five years for Department review. (b) Each water supplier shall retain, on or at a convenient location near the water utility premises, records as indicated below: (1) Records of bacteriological analyses for at least the 5 most recent years and chemical analyses for at least the most recent 10 years. Actual laboratory reports may be kept, or data may be transferred to tabular summaries, provided that the following information is included: (A) The date, place and time of sampling and identification of the person who collected the sample. (B) Identification of the sample as a routine sample, check sample, raw or finished water or other special sample. (C) Date of Report. (D) Name of the laboratory and either the person responsible for performing the analysis or the laboratory director. (E) The analytical technique or method used. (F) The results of the analysis. (2) Records and resultant corrective actions shall be kept not less than three years following the final action taken to correct a particular violation. (3) Copies of any written reports, summaries or communications relating to sanitary surveys of the system conducted by the water supplier, a private consultant or any local, state or federal agency, for not less than 10 years following completion of the sanitary survey involved. (4) Variances or exemptions granted to the system, for not less than five years following the expiration of such variance or exemption. (5) Copies of any Tier 1, Tier 2 and Tier 3 public notices, for not less than three years. Note: Authority cited: Sections 100275, Health and Safety Code. Reference: Section 116385, Health and Safety Code. s 64471. Applicability. s 64473. Maximum Contaminant Levels. Note: Authority cited: Sections 208 and 4026, Health and Safety Code. Reference: Sections 4017 and 4024, Health and Safety Code. s 64475. Distribution System Physical Water Quality. Note: Authority cited: Sections 208 and 4026, Health and Safety Code. Reference: Section 4024, Health and Safety Code. s 64480. Applicability and Distribution. (a) Except as provided in subsection (b), each community and nontransient-noncommunity (NTNC) water system shall prepare and deliver the first Consumer Confidence Report by July 1, 2001, and subsequent reports by July 1 annually thereafter. The first Consumer Confidence Report shall contain data collected during, or prior to, calendar year 2000, as prescribed by section 64481(d)(1). Each Consumer Confidence Report thereafter shall contain data collected during, or prior to, the previous calendar year. (b) A new community or NTNC water system shall deliver its first Consumer Confidence Report by July 1 of the year after its first full calendar year in operation and subsequent reports by July 1 annually thereafter. (c) A community or NTNC water system that sells water to another community or NTNC water system shall deliver the applicable information required in section 64481 to the purchasing system by no later than April 1 of each year or on a date mutually agreed upon by the seller and the purchaser, and specifically included in a contract between the parties. Note: Authority cited: Sections 116350 and 116375, Health and Safety Code. Reference: Sections 116275 and 116470, Health and Safety Code. s 64481. Content of the Consumer Confidence Report. (a) Each Consumer Confidence Report shall contain information on the source of the water delivered, including: (1) The type of water delivered by the water system, e.g., surface water, ground water; and the commonly used name (if any) and location of the body (or bodies) of water. (2) If a source water assessment has been completed, notification that the assessment is available, how to obtain it, the date it was completed or last updated, and a brief summary of the system's vulnerability to potential sources of contamination, using language provided by the Department if the Department conducted the assessment. (b) For any of the following terms used in the Consumer Confidence Report, the water system shall provide the specified language below: (1) Regulatory Action Level: "The concentration of a contaminant which, if exceeded, triggers treatment or other requirements that a water system must follow." (2) Maximum Contaminant Level or MCL: "The highest level of a contaminant that is allowed in drinking water. Primary MCLs are set as close to the PHGs (or MCLGs) as is economically and technologically feasible. Secondary MCLs are set to protect the odor, taste, and appearance of drinking water." (3) Maximum Contaminant Level Goal or MCLG: "The level of a contaminant in drinking water below which there is no known or expected risk to health. MCLGs are set by the U.S. Environmental Protection Agency." (4) Public Health Goal or PHG: "The level of a contaminant in drinking water below which there is no known or expected risk to health. PHGs are set by the California Environmental Protection Agency." (5) Primary Drinking Water Standard or PDWS: "MCLs for contaminants that affect health along with their monitoring and reporting requirements, and water treatment requirements." (6) Treatment technique: "A required process intended to reduce the level of a contaminant in drinking water." (7) Variances and exemptions: "Department permission to exceed an MCL or not comply with a treatment technique under certain conditions." (c) If any of the following are detected, information for each pursuant to subsection (d) shall be included in the Consumer Confidence Report: (1) Contaminants subject to an MCL, regulatory action level, or treatment technique (regulated contaminants), as specified in sections 64426.1, 64431, 64439, 64441, 64443, 64444, 64448, 64449, 64653 and 64672.3; (2) Contaminants specified in section 64450 for which monitoring is required (unregulated contaminants) or in 40 CFR Parts 9, 141 and 142 (Federal Register 64(180), p. 50556-50620, September 17, 1999); and (3) Disinfection by-products or microbial contaminants detected in the finished water for which monitoring is required by 40 CFR ss 141.142 and 141.143 (Information Collection Rule, Federal Register 61, p 24354, May 14, 1996;), except as provided under subsection (e). (4) Sodium and hardness. (d) For contaminants identified in subsection (c), the water system shall include in the Consumer Confidence Report one table or several adjacent tables that have been developed pursuant to this subsection. Any additional monitoring results that a water system chooses to include in its Consumer Confidence Report shall be displayed separately. (1) The data in the table(s) shall be derived from data collected to comply with U.S. Environmental Protection Agency (USEPA) and Department monitoring and analytical requirements during calendar year 2000 for the first Consumer Confidence Report and subsequent calendar years thereafter except that: (A) Where a system is allowed to monitor for regulated contaminants less often than once a year, the table(s) shall include the date and results of the most recent sampling and the Consumer Confidence Report shall include a brief statement indicating that the data presented in the table(s) are from the most recent testing done in accordance with the regulations. No data older than 9 years need be included. (B) Results of monitoring in compliance with 40 CFR ss 141.142 and 141.143 (Information Collection Rule, Federal Register 61, p 24354, May 14, 1996), need only be included in the table(s) for 5 years from the date of the last sampling or until any of the detected contaminants becomes regulated and subject to routine monitoring requirements, whichever comes first. Both the average and range sample results for the most recent year of sampling shall be included for any detected contaminant. (2) For detected regulated contaminants (listed in subsection (c)(1)), the table(s) shall include: (A) The MCL expressed as a number equal to or greater than 1.0; (B) For a primary MCL, the public health goal (PHG) in the same units as the MCL; or if no PHG has been set for the contaminant, the table shall include the USEPA maximum contaminant level goal in the same units as the MCL. (C) For a detected contaminant that does not have an MCL, the table(s) shall indicate whether there is a treatment technique or specify the regulatory action level applicable to that contaminant, and the Consumer Confidence Report shall include the appropriate language specified in subsection (b); (D) For detected contaminants subject to an MCL, except turbidity and total coliforms, the sample result(s) collected at compliance monitoring sampling points shall be reported in the same units as the MCL as follows: 1. When compliance is determined by the results of a single sample, an initial sample averaged with one or two confirmation sample(s), or an average of four quarterly or six monthly samples, results shall be reported as follows: A. For a single sampling point, or multiple sampling points for which data is being individually listed on the Consumer Confidence Report: The sample result; if more than one sample was collected, the average and range of the sample results. B. For more than one sampling point, each of which has been sampled only once and for which data is being summarized together on the Consumer Confidence Report: The average and range of the sample results. If the waters from the sampling points are entering the distribution system at the same point, a flow-weighted average may be reported. C. For multiple sampling points, one or more of which has been sampled more than once and for which data is being summarized together on the Consumer Confidence Report: The average of the individual sampling point averages and range of all the sample results. If the waters from the sampling points are entering the distribution system at the same point, a flow-weighted average may be reported. 2. When compliance with the MCL is determined by calculating a running annual average of all samples taken at a sampling point: The highest running annual average of the sampling point and the range of sample results or, if sampling points are summarized together for the Consumer Confidence Report, the highest running annual average of any of the sampling points and the range of sample results from all the sampling points. 3. When compliance with the MCL is determined on a system-wide basis by calculating a running annual average of all sampling point averages: The highest running annual average and the range of sample results from all the sampling points. 4. When compliance with the MCL is determined on the basis of monitoring after treatment installed to remove a contaminant: The average level detected in the water entering the distribution system and the range of sample results. 5. If an MCL compliance determination was made in the year for which sample results are being reported and that determination was based on an average of results from both the previous and reporting years, then the compliance determination average shall be reported, but the range shall be based only on results from the year for which data is being reported. (E) For turbidity: 1. When it is reported pursuant to the requirements of section 64652.5 (filtration avoidance): The highest value. 2. When it is reported pursuant to section 64653 (filtration): The highest single measurement based on compliance reporting and the lowest monthly percentage of samples meeting the turbidity limits specified in section 64653 for the filtration technology being used. (F) For lead and copper: The 90th percentile value of the most recent round of sampling, the number of sites sampled, and the number of sampling sites exceeding the action level. (G) For total coliform: 1. The highest monthly number of positive samples for systems collecting fewer than 40 samples per month; or 2. The highest monthly percentage of positive samples for systems collecting at least 40 samples per month. (H) For fecal coliform or E. coli: the total number of positive samples during the year. (I) The likely source(s) of detected contaminants for any detected contaminant with an MCL. If the water system lacks specific information on the likely source, the table(s) shall include one or more of the typical sources for that contaminant listed in appendices 64481-A or 64481-B that are most applicable to the system. (3) The table(s) shall clearly identify any data indicating violations of MCLs or treatment techniques and the Consumer Confidence Report shall give information on each violation including the length of the violation, potential adverse health effects (primary MCLs only), and actions taken by the system to address the violation. To describe the potential health effects, the system shall use the relevant language pursuant to appendices 64465-A through H. (4) For detected unregulated contaminants for which monitoring is required (except Cryptosporidium), the table(s) shall contain the average and range at which the contaminant was detected. (e) If the system has performed any monitoring for Cryptosporidium, including monitoring performed to satisfy the requirements of 40 CFR s 141.143 (Information Collection Rule, Federal Register 61, p 24354, May 14, 1996), that indicates that Cryptosporidium may be present in the source water or the finished water, the Consumer Confidence Report shall include a summary of the monitoring results and an explanation of their significance. (f) If the system has performed any monitoring for radon that indicates that radon is present in the finished water, the Consumer Confidence Report shall include the monitoring results and an explanation of their significance. (g) For the year covered by the report, the Consumer Confidence Report shall note any violations of (1) through (7) and give related information, including any potential adverse health effects, and the steps the system has taken to correct the violation. (1) Monitoring and reporting of compliance data. (2) Filtration and disinfection prescribed by sections 64652, 64652.5, 64653, or 64654. For systems that have failed to install adequate filtration or disinfection equipment or processes, or have had a failure of such equipment or processes that constitutes a violation, the Consumer Confidence Report shall include the following language as part of the explanation of potential adverse health effects: "Inadequately treated water may contain organisms that can cause illness when consumed. These organisms include bacteria, viruses, and parasites that can cause symptoms such as nausea, cramps, diarrhea, and associated headaches." (3) One or more actions prescribed by the lead and copper requirements in sections 64673 through 64679. To address potential adverse health effects, the Consumer Confidence Report shall include the applicable language pursuant to appendix 64465-D for lead, copper, or both. (4) Treatment technique requirements for Acrylamide and Epichlorohydrin in section 64448; to address potential adverse health effects, the Consumer Confidence Report shall include the relevant language from appendix 64465-H. (5) Recordkeeping of compliance data. (6) Special monitoring requirements prescribed by sections 64450, and 64449(c)(2) and (i). (7) Terms of a variance, an exemption, or an administrative or judicial order. (h) If a system is operating under the terms of a variance or an exemption issued under section 116430 or 116425 of the Health and Safety Code, the Consumer Confidence Report shall contain: (1) An explanation of the reasons for the variance or exemption; (2) The date on which the variance or exemption was issued; (3) A brief status report on the steps the system is taking to install treatment, find alternative sources of water, or otherwise comply with the terms and schedules of the variance or exemption; and (4) A notice of any opportunity for public input in the review, or renewal, of the variance or exemption. (i) The Consumer Confidence Report shall contain the language in paragraphs (1) through (4). (1) "The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs, and wells. As water travels over the surface of the land or through the ground, it dissolves naturally-occurring minerals and, in some cases, radioactive material, and can pick up substances resulting from the presence of animals or from human activity." (2) "Contaminants that may be present in source water include: (A) Microbial contaminants, such as viruses and bacteria, that may come from sewage treatment plants, septic systems, agricultural livestock operations, and wildlife. (B) Inorganic contaminants, such as salts and metals, that can be naturally-occurring or result from urban stormwater runoff, industrial or domestic wastewater discharges, oil and gas production, mining, or farming. (C) Pesticides and herbicides, that may come from a variety of sources such as agriculture, urban stormwater runoff, and residential uses. (D) Organic chemical contaminants, including synthetic and volatile organic chemicals, that are by-products of industrial processes and petroleum production, and can also come from gas stations, urban stormwater runoff, agricultural application, and septic systems. (E) Radioactive contaminants, that can be naturally-occurring or be the result of oil and gas production and mining activities." (3) "In order to ensure that tap water is safe to drink, the U.S. Environmental Protection Agency (USEPA) and the State Department of Health Services (Department) prescribe regulations that limit the amount of certain contaminants in water provided by public water systems. Department regulations also establish limits for contaminants in bottled water that provide the same protection for public health." (4) "Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the USEPA's Safe Drinking Water Hotline (1-800-426-4791)." (j) All Consumer Confidence Reports shall prominently display the following language: "Some people may be more vulnerable to contaminants in drinking water than the general population. Immuno-compromised persons such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV/AIDS or other immune system disorders, some elderly, and infants can be particularly at risk from infections. These people should seek advice about drinking water from their health care providers. USEPA/Centers for Disease Control (CDC) guidelines on appropriate means to lessen the risk of infection by Cryptosporidiumand other microbial contaminants are available from the Safe Drinking Water Hotline (1-800-426-4791)." (k) The Consumer Confidence Report shall include the telephone number of the owner, operator, or designee of the water system as a source of additional information concerning the report. (l) All Consumer Confidence Reports shall contain information in Spanish regarding the importance of the report or contain a telephone number or address where Spanish-speaking residents may contact the system to obtain a translated copy of the report or assistance in Spanish. For each non-English speaking group other than Spanish-speaking that exceeds 1,000 residents or 10% of the residents in a community, whichever is less, the Consumer Confidence Report shall contain information in the appropriate language(s) regarding the importance of the report or contain a telephone number or address where such residents may contact the system to obtain a translated copy of the report or assistance in the appropriate language. (m) The Consumer Confidence Report shall include information (e.g., time and place of regularly scheduled board meetings) about opportunities for public participation in decisions that may affect the quality of the water. Appendix 64481-A. Typical Origins of Contaminants with Primary MCLs Contaminant Major origins in drinking water Microbiological Total coliform bacteria Naturally present in the environment Fecal coliform andE. coli Human and animal fecal waste Turbidity Soil runoff Radioactive Gross Beta particle activity Decay of natural and man-made deposits Strontium-90 Decay of natural and man-made deposits Tritium Decay of natural and man-made deposits Gross Alpha particle Erosion of natural deposits activity Combined radium 226/228 Erosion of natural deposits Uranium Erosion of natural deposits Contaminant Major origins in drinking water Inorganic Aluminum Erosion of natural deposits; residue from some surface water treatment processes Antimony Discharge from petroleum refineries; fire retardants; ceramics; electronics; solder Arsenic Erosion of natural deposits; runoff from orchards; glass and electronics production wastes Asbestos Internal corrosion of asbestos cement water mains; erosion of natural deposits Barium Discharges of oil drilling wastes and from metal refineries; erosion of natural deposits Beryllium Discharge from metal refineries, coal-burning factories, and electrical, aerospace, and defense industries Cadmium Internal corrosion of galvanized pipes; erosion of natural deposits; discharge from electroplating and industrial chemical factories, and metal refineries; runoff from waste batteries and paints Chromium Discharge from steel and pulp mills and chrome plating; erosion of natural deposits Copper Internal corrosion of household plumbing systems; erosion of natural deposits; leaching from wood preservatives Cyanide Discharge from steel/metal, plastic and fertilizer factories Fluoride Erosion of natural deposits; water additive that promotes strong teeth; discharge from fertilizer and aluminum factories Lead Internal corrosion of household water plumbing systems; discharges from industrial manufacturers; erosion of natural deposits Mercury Erosion of natural deposits; discharge from refineries and factories; runoff from landfills and cropland Nickel Erosion of natural deposits; discharge from metal factories Nitrate Runoff and leaching from fertilizer use; leaching from septic tanks and sewage; erosion of natural deposits Nitrite Runoff and leaching from fertilizer use; leaching from septic tanks and sewage; erosion of natural deposits Selenium Discharge from petroleum, glass, and metal refineries; erosion of natural deposits; discharge from mines and chemical manufacturers; runoff from livestock lots (feed additive) Thallium Leaching from ore-processing sites; discharge from electronics, glass, and drug factories Synthetic organic 2,4-D Runoff from herbicide used on row crops, range land, lawns, and aquatic weeds 2,4,5-TP (Silvex) Residue of banned herbicide Acrylamide Added to water during sewage/wastewater treatment Alachlor Runoff from herbicide used on row crops Atrazine Runoff from herbicide used on row crops and along railroad and highway right-of-ways Bentazon Runoff/leaching from herbicide used on beans, peppers, corn, peanuts, rice, and ornamental grasses Benzo(a)pyrene [PAH] Leaching from linings of water storage tanks and distribution mains Carbofuran Leaching of soil fumigant used on rice and alfalfa, and grape vineyards Chlordane Residue of banned insecticide Dalapon Runoff from herbicide used on right-of-ways, and crops and landscape maintenance Dibromochloropropane Banned nematocide that may still be present in (DBCP) soils due to runoff/leaching from former use on soybeans, cotton, vineyards, tomatoes, and tree fruit Di(2-ethylhexyl) adipate Discharge from chemical factories Di(2-ethylhexyl) phthalate Discharge from rubber and chemical factories; inert ingredient in pesticides Dinoseb Runoff from herbicide used on soybeans, vegetables, and fruits Dioxin [2,3,7,8-TCDD] Emissions from waste incineration and other combustion; discharge from chemical factories Diquat Runoff from herbicide use for terrestrial and aquatic weeds Endothall Runoff from herbicide use for terrestrial and aquatic weeds; defoliant Endrin Residue of banned insecticide and rodenticide Contaminant Major origins in drinking water Epichlorohydrin Discharge from industrial chemical factories; impurity of some water treatment chemicals Ethylene dibromide (EDB) Discharge from petroleum refineries; underground gas tank leaks; banned nematocide that may still be present in soils due to runoff and leaching from grain and fruit crops Glyphosate Runoff from herbicide use Heptachlor Residue of banned insecticide Heptachlor epoxide Breakdown of heptachlor Hexachlorobenzene Discharge from metal refineries and agricultural chemical factories; byproduct of chlorination reactions in wastewater Hexachlorocyclo-pentadiene Discharge from chemical factories Lindane Runoff/leaching from insecticide used on cattle, lumber, gardens Methoxychlor Runoff/leaching from insecticide used on fruits, vegetables, alfalfa, livestock Molinate [Ordram] Runoff/leaching from herbicide used on rice Oxamyl [Vydate] Runoff/leaching from insecticide used on field crops, fruits and ornamentals, especially apples, potatoes, and tomatoes Pentachlorophenol Discharge from wood preserving factories, cotton and other insecticidal/herbicidal uses Picloram Herbicide runoff Polychlorinated biphenyls Runoff from landfills; discharge of waste [PCBs] chemicals Simazine Herbicide runoff Thiobencarb Runoff/leaching from herbicide used on rice Toxaphene Runoff/leaching from insecticide used on cotton and cattle Volatile organic Benzene Discharge from plastics, dyes and nylon factories; leaching from gas storage tanks and landfills Carbon tetrachloride Discharge from chemical plants and other industrial activities 1,2-Dichlorobenzene Discharge from industrial chemical factories 1,4-Dichlorobenzene Discharge from industrial chemical factories 1,1-Dichloroethane Extraction and degreasing solvent; used in manufacture of pharmaceuticals, stone, clay and glass products; fumigant 1,2-Dichloroethane Discharge from industrial chemical factories 1,1-Dichloroethylene Discharge from industrial chemical factories cis-1,2-Dichloroethylene Discharge from industrial chemical factories; major biodegradation byproduct of TCE and PCE groundwater contamination trans-1,2-Dichloroethylene Discharge from industrial chemical factories; minor biodegradation byproduct of TCE and PCE groundwater contamination Dichloromethane Discharge from pharmaceutical and chemical factories; insecticide 1,2-Dichloropropane Discharge from industrial chemical factories; primary component of some fumigants 1,3-Dichloropropene Runoff/leaching from nematocide used on croplands Ethylbenzene Discharge from petroleum refineries; industrial chemical factories Methyl-tert-butyl ether Leaking underground storage tanks; discharge (MTBE) from petroleum and chemical factories. Monochlorobenzene Discharge from industrial and agricultural chemical factories and drycleaning facilities Styrene Discharge from rubber and plastic factories; leaching from landfills 1,1,2,2-Tetrachloroethane Discharge from industrial and agricultural chemical factories; solvent used in production of TCE, pesticides, varnish and lacquers Tetrachloroethylene (PCE) Discharge from factories, dry cleaners, and auto shops (metal degreaser) 1,2,4-Trichlorobenzene Discharge from textile-finishing factories 1,1,1-Trichloroethane Discharge from metal degreasing sites and other factories; manufacture of food wrappings 1,1,2-Trichloroethane Discharge from industrial chemical factories Trichloroethylene (TCE) Discharge from metal degreasing sites and other factories TTHMs [total By-product of drinking water chlorination trihalomethanes] Toluene Discharge from petroleum and chemical factories; underground gas tank leaks Trichlorofluoromethane Discharge from industrial factories; degreasing solvent; propellant and refrigerant 1,1,2-Trichloro-1,2,2- Discharge from metal degreasing sites and other Trifluoroethane factories; drycleaning solvent; refrigerant Vinyl chloride Leaching from PVC piping; discharge from plastics factories; biodegradation byproduct of TCE and PCE groundwater contamination Xylenes Discharge from petroleum and chemical factories; fuel solvent Appendix 64481-B. Typical Origins of Contaminants with Secondary MCLs Contaminant Major origins in drinking water Aluminum Erosion of natural deposits; residual from some surface water treatment processes Color Naturally-occurring organic materials Corrosivity Natural or industrially-influenced balance of hydrogen, carbon and oxygen in the water; affected by temperature and other factors. Foaming Agents (MBAS) Municipal and industrial waste discharges Iron Leaching from natural deposits; industrial wastes Manganese Leaching from natural deposits Methyl-tert-butyl ether Leaking underground storage tanks; discharge (MTBE) from petroleum and chemical factories; Odor -Threshold Naturally-occurring organic materials Silver Industrial discharges Thiobencarb Runoff/leaching from rice herbicide Turbidity Soil runoff Zinc Runoff/leaching from natural deposits; industrial wastes Total dissolved solids Runoff/leaching from natural deposits Specific conductance Substances that form ions when in water; seawater influence Chloride Runoff/leaching from natural deposits; seawater influence Sulfate Runoff/leaching from natural deposits; industrial wastes Note: Authority cited: Sections 116350 and 116375, Health and Safety Code. Reference: Sections 116275 and 116470, Health and Safety Code. s 64482. Required Additional Health Information. (a) A system that detects arsenic at levels above 25 ug/L, but below the MCL, shall include the following in its Consumer Confidence Report: "The U.S. Environmental Protection Agency is reviewing the drinking water standard for arsenic because of special concerns that the standard may not be stringent enough. Arsenic is a naturally-occurring mineral known to cause cancer in humans at high concentrations." (b) A system that detects nitrate at levels above 23 mg/L (as nitrate), but below the MCL, shall include the following in its Consumer Confidence Report: "Nitrate in drinking water at levels above 45 mg/L is a health risk for infants of less than six months of age. Such nitrate levels in drinking water can interfere with the capacity of the infant's blood to carry oxygen, resulting in a serious illness; symptoms include shortness of breath and blueness of the skin. Nitrate levels above 45 mg/L may also affect the ability of the blood to carry oxygen in other individuals, such as pregnant women and those with certain specific enzyme deficiencies. If you are caring for an infant, or you are pregnant, you should ask advice from your health care provider. If a system cannot demonstrate to the Department with at least five years of the most current monitoring data that its nitrate levels are stable, it shall also add the following language to the preceding statement on nitrate: "Nitrate levels may rise quickly for short periods of time because of rainfall or agricultural activity." (c) A system that detects lead above the action level in more than 5%, and up to and including 10%, of sites sampled, shall include the following in its Consumer Confidence Report: "Infants and young children are typically more vulnerable to lead in drinking water than the general population. It is possible that lead levels at your home may be higher than at other homes in the community as a result of materials used in your home's plumbing. If you are concerned about elevated lead levels in your home's water, you may wish to have your water tested and/or flush your tap for 30 seconds to 2 minutes before using tap water. Additional information is available from the USEPA Safe Drinking Water Hotline (1-800-426-4791)." (d) A community water system serving 10,000 or more people that has a running annual average for total trihalomethanes compliance determined pursuant to section 64439 that exceeds 0.080 mg/L, but does not exceed the total trihalomethanes MCL, shall include the health effects language in Appendix 64465-G in its Consumer Confidence Report. Note: Authority cited: Sections 116350 and 116375, Health and Safety Code. Reference: Sections 116275 and 116470, Health and Safety Code. s 64483. Consumer Confidence Report Delivery and Recordkeeping. (a) Each water system shall mail or directly deliver one copy of the Consumer Confidence Report to each customer. (b) The system shall make a good faith effort to reach consumers who are served by the water system but are not bill-paying customers, such as renters or workers, using a mix of methods appropriate to the particular system such as: Posting the Consumer Confidence Reports on the Internet; mailing to postal patrons in metropolitan areas; advertising the availability of the Consumer Confidence Report in the news media; publication in a local newspaper; posting in public places such as cafeterias or lunch rooms of public buildings; delivery of multiple copies for distribution by single-biller customers such as apartment buildings or large private employers; and delivery to community organizations. (c) No later than the date the water system is required to distribute the Consumer Confidence Report to its customers, each water system shall mail a copy of the report to the Department, followed within 3 months by a certification that the report has been distributed to customers, and that the information is correct and consistent with the compliance monitoring data previously submitted to the Department. (d) No later than the date the water system is required to distribute the Consumer Confidence Report to its customers, each privately-owned water system shall mail a copy of the report to the California Public Utilities Commission. (e) Each water system shall make its Consumer Confidence Report available to the public upon request. (f) Each water system serving 100,000 or more persons shall post its current year's Consumer Confidence Report on a publicly-accessible site on the Internet. (g) Each water system shall retain copies of its Consumer Confidence Reports for no less than 3 years. Note: Authority cited: Sections 116350 and 116375, Health and Safety Code. Reference: Sections 116275 and 116470, Health and Safety Code. s 64530. Applicability of this Chapter. (a) Community water systems and nontransient, noncommunity water systems that treat their water with a chemical disinfectant in any part of the treatment process or which provide water that contains a chemical disinfectant shall comply with the requirements of this chapter beginning on the dates specified in paragraphs (1) or (2). (1) Systems using approved surface water and serving 10,000 or more persons shall comply beginning January 1, 2002. (2) Systems using approved surface water and serving fewer than 10,000 persons and systems using only ground water not under the direct influence of surface water shall comply beginning January 1, 2004. (b) Transient noncommunity water systems using chlorine dioxide shall comply with the requirements for chlorine dioxide in this chapter beginning on the dates specified in paragraphs (1) or (2). (1) Systems using approved surface water and serving 10,000 or more persons shall comply beginning January 1, 2002. (2) Systems using approved surface water and serving fewer than 10,000 persons and systems using only ground water not under the direct influence of surface water shall comply beginning January 1, 2004. Note: Authority cited: Sections 116325 and 116375, Health and Safety Code. Reference: Section 116350, Health and Safety Code. s 64531. Definitions Governing Terms Used in this Chapter. The definitions in sections 64400 through 64402.20 of chapter 15 and sections 64651.10 through 64651.93 of chapter 17 shall govern the interpretation of terms used in this chapter. Note: Authority cited: Sections 116325 and 116375, Health and Safety Code. Reference: Sections 116275 and 116350, Health and Safety Code. s 64533. Maximum Contaminant Levels for Disinfection Byproducts. (a) Using the monitoring and calculation methods specified in sections 64534, 64534.2, 64535, and 64535.2, the primary MCLs for the disinfection byproducts shown in table 64533-A shall not be exceeded in drinking water supplied to the public. Table 64533-A Maximum Contaminant Levels and Detection Limits for Purposes of Reporting Disinfection Byproducts Disinfection Byproduct Maximum Detection Limit for Contaminant Purposes of Reporting Level ( mg/L) (mg/L) Total trihalomethanes (TTHM) 0.080 Bromodichloromethane 0.0005 Bromoform 0.0005 Chloroform 0.0005 Dibromochloromethane 0.0005 Haloacetic acids (five) (HAA5) 0.060 Monochloroacetic Acid 0.002 Dichloroacetic Acid 0.001 Trichloroacetic Acid 0.001 Monobromoacetic Acid 0.001 Dibromoacetic Acid 0.001 Bromate 0.010 0.005 Chlorite 1.0 0.02 (b) A system installing GAC, membranes, or other technology to limit disinfectant byproducts to comply with this section may apply to the Department for an extension up to December 31, 2003. Applications for extensions shall include the results of disinfection byproduct monitoring, a description of the technology being installed and how it is expected to affect future disinfection byproduct levels, and a proposed schedule for compliance. If granted an extension, a system shall meet the schedule and interim treatment and monitoring requirements established by the Department. (c) The best technology, treatment techniques, or other means available for achieving compliance with the maximum contaminant levels for disinfection byproducts are identified in table 64533-B. Table 64533-B Best Available Technology Disinfection Byproducts Disinfection Byproduct Best Available Technology TTHM and HAA5 Enhanced coagulation or enhanced softening or GAC10, with chlorine as the primary and residual disinfectant Bromate Control of ozone treatment process to reduce production of bromate Chlorite Control of treatment processes to reduce disinfectant demand and control of disinfection treatment processes to reduce disinfectant levels Note: Authority cited: Sections 116325 and 116375, Health and Safety Code. Reference: Sections 116350, 116365 and 116370, Health and Safety Code. s 64533.5. Maximum Residual Disinfectant Levels. (a) Using the monitoring and calculation methods specified in sections 64534, 64534.4, 64535, and 64535.4, the MRDLs for the disinfectants shown in table 64533.5-A shall not be exceeded in drinking water supplied to the public. Table 64533.5-A Maximum Residual Disinfectant Level Disinfectant Residual MRDL (mg/L) Chlorine 4.0 (as Cl 2) Chloramines 4.0 (as Cl 2) Chlorine dioxide 0.8 (as ClO 2) (b) Notwithstanding subsection (a), systems may increase residual disinfectant levels of chlorine or chloramines (but not chlorine dioxide) in the distribution system in excess of the levels specified in table 64533.5-A in order to protect public health, to address specific microbiological contamination problems caused by circumstances such as, but not limited to, distribution line breaks, storm run-off events, source water contamination events, natural disasters, or cross-connection events. In such circumstances, systems shall immediately notify the Department of the source and cause of contamination, the levels of residual disinfectant, other actions being taken to correct the problem, and the expected duration of the exceedance. (c) The best technologies, treatment techniques, or other means available for achieving compliance with the maximum residual disinfectant levels in this section are control of treatment processes to reduce disinfectant demand and control of disinfection treatment processes to reduce disinfectant levels. Note: Authority cited: Sections 116325 and 116375, Health and Safety Code. Reference: Sections 116350, 116365 and 116370, Health and Safety Code. s 64534. General Monitoring Requirements. (a) Analyses required pursuant to this chapter shall be performed by laboratories certified to perform those analyses by the Department, pursuant to section 116390, Health and Safety Code. Analyses shall be made in accordance with EPA approved methods as prescribed in Section 141.131 of Title 40, Code of Federal Regulations, as published in the December 16, 1998, Federal Register (Vol. 63, No. 241) and revised in the January 16, 2001, Federal Register (Vol. 66, No. 10). (b) Sample collection, and field tests including pH, alkalinity, and chlorine, chloramines, and chlorine dioxide residual disinfectants, shall be performed by a water treatment or distribution operator certified by the Department pursuant to section 106875 of the Health and Safety Code or by personnel trained to collect samples and/or perform these tests by the Department, a certified laboratory, or a certified operator. (c) Systems shall take all samples during normal operating conditions, which exclude those circumstances covered under section 64533.5(b). (d) A system may apply to the Department for approval to consider multiple wells drawing water from a single aquifer as one treatment plant for determining the minimum number of TTHM and HAA5 samples required. In order to qualify for this reduction in monitoring requirements a system shall demonstrate to the Department that the multiple wells produce water from the same aquifer. To make this demonstration, a system shall submit information to the Department regarding the location, depth, construction, and geologic features of each well, and water quality information for each well. The Department will use this information to determine whether the wells produce water from a single aquifer. (e) Systems shall use only data collected under the provisions of this chapter or 40 CFR Part 141 Subpart M (Information Collection Rule), as published in the May 14, 1996 Federal Register (Vol. 61, No. 94), to qualify for reduced monitoring pursuant to this article. Note: Authority cited: Sections 116325 and 116375, Health and Safety Code. Reference: Sections 116350, 116385 and 116555, Health and Safety Code. s 64534.2. Disinfection Byproducts Monitoring. (a) Community and nontransient noncommunity water systems shall monitor for TTHM and HAA5 at the frequencies and locations indicated in table 64534.2-A. Table 64534.2-A Routine and Increased Monitoring Frequency for TTHM and HAA5 1 If a system elects to sample more frequently than the minimum required, at least 25 percent of all samples collected each quarter (including those taken in excess of the required frequency) shall be taken at locations that represent the maximum residence time of the water in the distribution system. The remaining samples shall be taken at locations representative of at least average residence time in the distribution system. If a system elects to sample more frequently than the minimum required, at least 25 percent of all samples collected each quarter (including those taken in excess of the required frequency) shall be taken at locations that represent the maximum residence time of the water in the distribution system. The remaining samples shall be taken at locations representative of at least average residence time in the distribution system.If a system elects to sample more frequently than the minimum required, at least 25 percent of all samples collected each quarter (including those taken in excess of the required frequency) shall be taken at locations that represent the maximum residence time of the water in the distribution system. The remaining samples shall be taken at locations representative of at least average residence time in the distribution system. (1) Systems may apply to the Department to monitor at a reduced frequency in accordance with table 64534.2-B. The application shall include the results of all TOC, TTHM, and HAA5 monitoring conducted in the previous 12 months and the proposed revised monitoring plan as required by section 64534.8. The Department will evaluate data submitted with the application to determine whether or not the system is eligible for the reduced monitoring specified in table 64534.2-B. Table 64534.2-B Reduced Monitoring Frequency for TTHM and HAA5 1 TOC, TTHM, and HAA5 values based on annual averages. (2) Systems on reduced monitoring shall resume monitoring at the frequency specified in column C of table 64534.2-A in the quarter immediately following the quarter in which the system exceeds 0.060 mg/L for the TTHM annual average or 0.045 mg/L for the HAA5 annual average. For systems using only ground water not under the direct influence of surface water and serving fewer than 10,000 persons or systems using approved surface water and serving fewer than 500 persons, if either the TTHM annual average is >0.080 mg/L or the HAA5 annual average is >0.060 mg/L, the system shall go to increased monitoring identified in column D of table 64534.2-A in the quarter immediately following the quarter in which the system exceeds 0.080 mg/L or 0.060 mg/L for the TTHM and HAA5 annual averages, respectively. (3) Systems on increased monitoring pursuant to column D of table 64534.2-A may return to routine monitoring specified in column C of table 64534.2-A if, after at least one year of monitoring, TTHM annual average is <0.060 mg/L and HAA5 annual average is <0.045 mg/L. (b) Community and nontransient noncommunity water systems using chlorine dioxide shall conduct monitoring for chlorite as follows: (1) Systems shall take daily samples at the entrance to the distribution system. For any daily sample that exceeds the chlorite MCL, the system shall take three additional chlorite distribution system samples the following day (in addition to the daily sample required at the entrance to the distribution system) at these locations: As close to the first customer as possible, at a location representative of average residence time, and at a location reflecting maximum residence time in the distribution system. (2) Systems shall take a three-sample set each month in the distribution system. The system shall take one sample at each of the following locations: As close to the first customer as possible, at a location representative of average residence time, and at a location reflecting maximum residence time in the distribution system. Any additional routine sampling shall be conducted in the same manner (as three-sample sets, at the specified locations). The system may use the results of additional monitoring conducted under paragraph (1) to meet the monitoring requirement in this paragraph. (3) Systems may apply to the Department to reduce monthly chlorite monitoring in the distribution system pursuant to paragraph (2) to one three-sample set per quarter after one year of monitoring during which no individual chlorite sample taken in the distribution system has exceeded the chlorite MCL and the system has not been required to conduct additional monitoring under paragraph (1). The application shall include the results of all chlorite monitoring conducted in the previous 12 months and the proposed revised monitoring plan as required by section 64534.8. The Department will evaluate data submitted with the application and determine whether or not the system is eligible to reduce monitoring to one three-sample set per quarter. The system may remain on the reduced monitoring schedule until either any of the three individual chlorite samples taken quarterly in the distribution system under paragraph (2) exceeds the chlorite MCL or the system is required to conduct additional monitoring under paragraph (1), at which time the system shall revert to routine monitoring. (c) Community and nontransient noncommunity systems using ozone shall monitor for bromate as follows: (1) Systems shall take one sample per month for each treatment plant in the system using ozone. Samples shall be taken at the entrance to the distribution system while the ozonation system is operating under normal conditions. (2) Systems may reduce bromate monitoring from monthly to once per quarter, if the average source water bromide concentration is less than 0.05 mg/L based upon representative monthly bromide measurements for one year. The system shall continue monthly bromide monitoring of the source water to remain on reduced bromate monitoring. If the running annual average source water bromide concentration, computed quarterly, is equal to or greater than 0.05 mg/L based upon representative monthly measurements, the system shall resume routine bromate monitoring pursuant to paragraph (1). Note: Authority cited: Sections 116325 and 116375, Health and Safety Code. Reference: Sections 116350, 116385 and 116555, Health and Safety Code. s 64534.4. Disinfectant Residuals Monitoring. (a) Community and nontransient noncommunity water systems that use chlorine or chloramines shall measure the residual disinfectant levels at the same points in the distribution system and at the same time as total coliforms are sampled, as specified in section 64421. Systems using approved surface water may use the results of residual disinfectant concentration sampling conducted under section 64656, in lieu of taking separate samples. (b) Public water systems that use chlorine dioxide shall monitor for chlorine dioxide daily at the entrance to the distribution system. For any daily sample that exceeds the MRDL, the system shall take three chlorine dioxide distribution system samples the following day as follows: (1) If chlorine dioxide or chloramines are used to maintain a disinfectant residual in the distribution system, or if chlorine is used to maintain a disinfectant residual in the distribution system and there are no disinfection addition points after the entrance to the distribution system (i.e., no booster chlorination), the system shall take three samples as close to the first customer as possible, at intervals of at least six hours. (2) If chlorine is used to maintain a disinfectant residual in the distribution system and there are one or more disinfection addition points after the entrance to the distribution system (i.e., booster chlorination), the system shall take one sample at each of the following locations: As close to the first customer as possible, in a location representative of average residence time, and as close to the furthest customer as possible (reflecting maximum residence time in the distribution system). Note: Authority cited: Sections 116325 and 116375, Health and Safety Code. Reference: Sections 116350, 116385 and 116555, Health and Safety Code. s 64534.6. Disinfection Byproduct Precursors (DBPP) Monitoring. (a) Systems that use approved surface water and conventional filtration treatment (as defined in section 64651.23) shall take one paired TOC sample (source water and treated water) and one source water alkalinity sample per month per treatment plant at a time representative of normal operating conditions and influent water quality. TOC and alkalinity in the source water shall be monitored prior to any treatment and at the same time as TOC monitoring in the treated water. TOC in the treated water shall be monitored no later than the point of combined filter effluent turbidity monitoring and shall be representative of the treated water. (b) Systems using approved surface water with an annual average treated water TOC of less than 2.0 mg/L for two consecutive years, or less than 1.0 mg/L for one year, may reduce monitoring for both TOC and alkalinity to one paired sample and one source water alkalinity sample per plant per quarter. The system shall revert to monitoring pursuant to subsection (a) in the first month following the quarter that the annual average treated water TOC is equal to or greater than 2.0 mg/L. Note: Authority cited: Sections 116325 and 116375, Health and Safety Code. Reference: Sections 116350, 116385 and 116555, Health and Safety Code. s 64534.8. Monitoring Plans. Each system shall develop and submit to the Department a monitoring plan. The system shall implement the plan after Department review and approval. The system shall maintain the plan and make it available for inspection by the general public no later than 30 days following the applicable compliance date in section 64530(a) or (b). The Department will evaluate the plan based on the following required elements: (a) Specific locations and schedules for collecting samples for any parameters included in this chapter, including seasonal variations if applicable. (b) How the system will calculate compliance with MCLs, MRDLs, and treatment techniques. Note: Authority cited: Sections 116325 and 116375, Health and Safety Code. Reference: Sections 116350, 116385, 116530 and 116555, Health and Safety Code. s 64535. General Requirements for Determining Compliance. (a) All samples taken and analyzed in accordance with section 64534.8 shall be included in determining compliance, pursuant to sections 64535.2, 64535.4, and 64536.4. (b) For violations of the MCLs in section 64533 or MRDLs in section 64533.5 that may pose an acute risk to human health, notification shall be pursuant to section 64465. Note: Authority cited: Sections 116325 and 116375, Health and Safety Code. Reference: Sections 116350, 116450 and 116460, Health and Safety Code. s 64535.2. Determining Disinfection Byproducts Compliance. (a) During the first year of monitoring for disinfection byproducts under section 64534.2 the system shall comply with the following: (1) The average of the first quarter's results shall not exceed four times the MCLs specified in section 64533. (2) The average of the first and second quarter's results shall not exceed two times the MCLs specified in section 64533. (3) The average of the first, second, and third quarter's results shall not exceed 1.33 times the MCLs specified in section 64533. (b) TTHM and HAA5 MCL compliance is determined as follows: (1) For systems monitoring quarterly, the running annual arithmetic average, computed quarterly, of quarterly arithmetic averages of all samples collected pursuant to section 64534.2(a) shall not exceed the MCLs specified in section 64533. (2) For systems monitoring less frequently than quarterly, the average of samples collected that calendar year pursuant to section 64534.2(a) shall not exceed the MCLs specified in section 64533. If the average of the samples collected under section 64534.2(a) exceeds the MCL, the system shall increase monitoring to once per quarter per treatment plant. Compliance with the MCL shall then be determined by the average of the sample that triggered the quarterly monitoring and the following three quarters of monitoring, unless the result of fewer than four quarters of monitoring will cause the running annual average to exceed the MCL, in which case the system is in violation at the end of that quarter. After monitoring quarterly for four consecutive quarters (including the quarter that triggered the quarterly monitoring), and until such time as monitoring returns to routine monitoring pursuant to section 64534.2(a)(3), compliance shall be determined pursuant to paragraph (1). (3) If the running annual arithmetic average of quarterly averages covering any consecutive four-quarter period exceeds the MCL, the system is in violation of the MCL and shall notify the public pursuant to sections 64464.3 and 64467, including language in section 64468.5, in addition to reporting to the Department pursuant to sections 64537 through 64537.6. (4) If a public water system fails to complete four consecutive quarters of monitoring, compliance with the MCL for the last four-quarter compliance period shall be based on an average of the available data. (c) Compliance for bromate shall be based on a running annual arithmetic average, computed quarterly, of monthly samples (or, for months in which the system takes more than one sample, the average of all samples taken during the month) collected by the system as prescribed by section 64534.2(c). If the average of samples covering any consecutive four-quarter period exceeds the MCL, the system is in violation of the MCL and shall notify the public pursuant to sections 64464.3 and 64467, including language in section 64468.5, in addition to reporting to the Department pursuant to sections 64537 through 64537.6. If a public water system fails to complete 12 consecutive months of monitoring, compliance with the MCL for the last four-quarter compliance period shall be based on an average of the available data. (d) Compliance for chlorite shall be based on an arithmetic average of each three-sample set taken in the distribution system as prescribed by sections 64534.2(b)(1), (2) and (3). If the arithmetic average of any three-sample set exceeds the MCL, the system is in violation of the MCL and shall notify the public pursuant to sections 64464.3 and 64467, including language in section 64468.5, in addition to reporting to the Department pursuant to sections 64537 through 64537.6. Note: Authority cited: Sections 116325 and 116375, Health and Safety Code. Reference: Sections 116350, 116450 and 116460, Health and Safety Code. s 64535.4. Determining Disinfectant Residuals Compliance. (a) During the first year of monitoring for disinfection residuals under section 64534.4 the system shall comply with the following: (1) The average of the first quarter's results shall not exceed four times the MRDLs specified in section 64533.5. (2) The average of the first and second quarter's results shall not exceed two times the MRDLs specified in section 64533.5. (3) The average of the first, second, and third quarter's results shall not exceed 1.33 times the MRDLs specified in section 64533.5. (b) Chlorine and chloramines MRDL compliance is determined as follows: (1) Compliance shall be based on a running annual arithmetic average, computed quarterly, of monthly averages of all samples collected by the system under section 64534.4(a). If the average covering any consecutive four-quarter period exceeds the MRDL, the system is in violation of the MRDL and shall notify the public pursuant to sections 64464.3 and 64467, including language in section 64468.5, in addition to reporting to the Department pursuant to sections 64537 through 64537.6. (2) In cases where systems switch between the use of chlorine and chloramines for residual disinfection during the year, compliance shall be determined by including together all monitoring results of both chlorine and chloramines. Reports submitted pursuant to sections 64537 through 64537.6 shall clearly indicate which residual disinfectant was analyzed for each sample. (c) Compliance for chlorine dioxide shall be based on consecutive daily samples collected by the system under section 64534.4(b). (1) If any daily sample taken at the entrance to the distribution system exceeds the MRDL, and one (or more) of the three samples taken in the distribution system exceed the MRDL, the system is in violation of the MRDL and shall take immediate corrective action to lower the level of chlorine dioxide below the MRDL. The system shall notify the Department within 48 hours of the determination, notify the public pursuant to the procedures for acute health risks in section 64465, including language in section 64468.5(c), in addition to reporting to the Department pursuant to sections 64537 through 64537.6. Failure to take samples in the distribution system the day following an exceedance of the chlorine dioxide MRDL at the entrance to the distribution system is also an MRDL violation and the system shall notify the public pursuant to the procedures for acute health risks in section 64465, including language in section 64468.5(c), in addition to reporting to the Department pursuant to sections 64537 through 64537.6. (2) If any two consecutive daily samples taken at the entrance to the distribution system exceed the MRDL and all distribution system samples taken are below the MRDL, the system is in violation of the MRDL and shall take corrective action to lower the level of chlorine dioxide below the MRDL at the point of sampling. The system shall notify the public pursuant to the procedures for nonacute health risks in section 64464.3, including language in section 64468.5(c), in addition to reporting to the Department pursuant to sections 64537 through 64537.6. Failure to monitor at the entrance to the distribution system the day following an exceedance of the chlorine dioxide MRDL at this site is also an MRDL violation and the system shall notify the public pursuant to the procedures for nonacute health risks in section 64464.3, including language in section 64468.5(c), in addition to reporting to the Department pursuant to sections 64537 through 64537.6. Note: Authority cited: Sections 116325 and 116375, Health and Safety Code. Reference: Sections 116350, 116450 and 116460, Health and Safety Code. s 64536. Alternative Compliance Criteria to the Enhanced Coagulation and Enhanced Softening Performance Requirements. (a) Systems using approved surface water and conventional filtration treatment shall meet any one of the alternative compliance criteria in paragraphs (1) through (6) to comply with this article or comply with the requirements of section 64536.2. Systems that meet one of the criteria in paragraphs (1) through (6) shall still comply with monitoring requirements in section 64534.6. (1) The system's source water TOC level is less than 2.0 mg/L, calculated quarterly as a running annual average. (2) The system's treated water TOC level is less than 2.0 mg/L, calculated quarterly as a running annual average. (3) The system's source water TOC level is less than 4.0 mg/L, calculated quarterly as a running annual average; the source water alkalinity is greater than 60 mg/L (as CaCO 3), calculated quarterly as a running annual average; and either (A) The TTHM and HAA5 running annual averages are no greater than 0.040 mg/L and 0.030 mg/L, respectively; or (B) Prior to the applicable compliance date in section 64530(a) or (b), the system has applied to the Department for the approval of, and committed funds to the installation of, technologies that will limit the levels of TTHM and HAA5 to no more than 0.040 mg/L and 0.030 mg/L, respectively. The application to the Department shall include a description of the technology to be installed, evidence of a commitment to complete the installation, such as a signed contract, bid solicitation, or approved bond measure, and a schedule containing milestones and periodic progress reports for installation and operation of the technology. These technologies shall be installed and operating not later than June 30, 2005. (4) The TTHM and HAA5 running annual averages are no greater than 0.040 mg/L and 0.030 mg/L, respectively, and the system uses only chlorine for primary disinfection and maintenance of a residual in the distribution system. (5) The system's source water SUVA, prior to any treatment and measured monthly, is less than or equal to 2.0 L/mg-m, calculated quarterly as a running annual average. (6) The system's finished water SUVA, measured monthly, is less than or equal to 2.0 L/mg-m, calculated quarterly as a running annual average. (b) Systems using approved surface water and conventional filtration treatment and practicing softening that cannot achieve the TOC removal required by section 64536.2(a) shall meet any one of the criteria in paragraphs (1) through (2) below or any one of the criteria in section 64536(a), paragraphs (1) through (6) to comply with this article. Systems that meet one of the criteria in paragraphs (1) through (2) below or one of the criteria in section 64536(a), paragraphs (1) through (6) shall still comply with the monitoring requirements in section 64534.6. (1) Softening that results in lowering the treated water alkalinity to less than 60 mg/L (as CaCO 3), measured monthly and calculated quarterly as a running annual average; or (2) Softening that results in removing at least 10 mg/L of magnesium hardness (as CaCO 3), measured monthly and calculated quarterly as an annual running average. Note: Authority cited: Sections 116325, 116370 and 116375, Health and Safety Code. Reference: Sections 116350, 116385 and 116555, Health and Safety Code. s 64536.2. Enhanced Coagulation and Enhanced Softening Performance Requirements. (a) Systems using approved surface water and conventional filtration treatment (as defined in section 64651.23) shall operate with enhanced coagulation or enhanced softening to achieve the TOC percent removal levels specified in this section, unless the system meets at least one of the alternative compliance criteria listed in section 64536(a) or (b). (b) Systems shall achieve the Step 1 percent reduction of TOC specified in table 64536.2-A between the source water and the combined filter effluent, unless the Department approves a system's request for alternate minimum TOC removal (Step 2) requirements under subsection (c). Systems practicing softening shall meet the Step 1 TOC removals in the far-right column (Source water alkalinity >120 mg/L) of table 64536.2-A for the specified source water TOC: Table 64536.2-A Step 1 Required Removal of TOC by Enhanced Coagulation and Enhanced Softening Systems Using Conventional Treatment 1, 2 Required Removal of TOC Source-Water Source-Water Alkalinity mg/L as CaCO3 TOC,mg/L 0-60 >60-120 >120% >2.0-4.0 35.0% 25.0% 15.0% >4.0-8.0 45.0% 35.0% 25.0% >8.0 50.0% 40.0% 30.0% 1 Systems that meet one of the criteria in section 64536(a), paragraphs (1) through (6) do not have to operate with enhanced coagulation. 2 Softening systems that meet one of the criteria in section 64536(b), paragraphs (1) through (2) do not have to operate with enhanced softening. (c) Systems using approved surface water and conventional treatment that cannot achieve the Step 1 TOC removals required by subsection (b) due to water quality parameters or operational constraints shall apply to the Department, within three months of failure to achieve the TOC removals required by subsection (b), for approval of Step 2 removal requirements. If the Department approves the Step 2 removal requirements pursuant to subsection (d), and the system conducted monthly TOC monitoring beginning one year prior to the compliance date specified in section 64530, the Step 2 removal requirements will be retroactive to the compliance date for the purposes of determining compliance. (d) Applications made to the Department by systems using enhanced coagulation for approval of Step 2 removal requirements under subsection (c) shall include, as a minimum, results of bench-scale or pilot-scale testing conducted under paragraph (1) of this subsection that were used to determine the alternate enhanced coagulation level. (1) Alternate enhanced coagulation level is defined as coagulation at a coagulant dose and pH as determined by the method described in paragraphs (1) through (4) such that an incremental addition of 10 mg/L of alum (or equivalent addition of iron coagulant) results in a TOC removal of <0.3 mg/L. The percent removal of TOC at this point on the "TOC removal versus coagulant dose" curve is then defined as the Step 2 removal requirement for the system. Once approved by the Department, this Step 2 removal requirement supersedes the minimum TOC removal required by subsection 64536.2(b). This requirement shall be effective until such time as the Department approves a new value based on the results of a new bench-scale or pilot-scale test. (2) Bench-scale or pilot-scale testing of enhanced coagulation shall be conducted by using representative water samples and adding 10 mg/L increments of alum (or equivalent addition of iron coagulant) until the pH is reduced to a level less than or equal to the enhanced coagulation Step 2 target pH shown in table 64536.2-B. Table 64536.2-B Enhanced Coagulation Step 2 Target pH Alkalinity mg/L as CaCO3 Target pH 0-60 5.5 >60-120 6.3 >120-240 7.0 >240 7.5 (3) For waters with alkalinities of less than 60 mg/L for which the addition of small amounts of alum (or equivalent addition of iron coagulant) drives the pH below 5.5 before significant TOC removal occurs, the system shall add necessary chemicals to maintain the pH between 5.3 and 5.7 in samples until the TOC removal of 0.3 mg/L per 10 mg/L alum added (or equivalent addition of iron coagulant) is reached. (4) If the TOC removal is consistently less than 0.3 mg/L of TOC per 10 mg/L of incremental alum dose at all dosages of alum (or equivalent addition of iron coagulant), the system is eligible to apply for a waiver of enhanced coagulation requirements. The application shall include, as a minimum, the results of bench-scale or pilot-scale testing conducted under paragraph (1) of this subsection. Note: Authority cited: Sections 116325, 116370 and 116375, Health and Safety Code. Reference: Sections 116350, 116385 and 116555, Health and Safety Code. s 64536.4. Disinfection Byproduct Precursor Compliance Calculations. (a) Systems not meeting any of the criteria identified in sections 64536(a) or (b) shall comply with requirements contained in sections 64536.2(a) or (b) and shall calculate compliance quarterly, beginning after the system has collected 12 months of data, by determining an annual average using the following method: (1) Determine actual monthly TOC percent removal, equal to: (1 - [treated water TOC/source water TOC]) x 100. (2) Determine the required monthly TOC percent removal (from either table 64536.2-A or from section 64536.2(c)). (3) Divide the value in paragraph (a)(1) by the value in paragraph(a)(2). (4) Add together the results of paragraph (a)(3) for the last 12 months and divide by 12. (5) If the value calculated in paragraph (a)(4) is less than 1.00, the system is not in compliance with the TOC percent removal requirements. (b) In any month that one or more of the conditions of sections 64536.4(b)(1) through (b)(6) are met, the system may assign a monthly value of 1.0 (in lieu of the value calculated in section 64536.4(a)(3)) when calculating compliance under the provisions of subsection (a). (1) The system's source water TOC level, prior to any treatment, is less than or equal to 2.0 mg/L. (2) The system's treated water TOC level is less than or equal to 2.0 mg/L. (3) The system's source water SUVA, prior to any treatment, is less than or equal to 2.0 L/mg-m. (4) The system's finished water SUVA is less than or equal to 2.0 L/mg-m. (5) A system practicing softening removes at least 10 mg/L of magnesium hardness (as CaCO 3). (6) A system practicing enhanced softening lowers alkalinity below 60 mg/L (as CaCO 3). Note: Authority cited: Sections 116325, 116370 and 116375, Health and Safety Code. Reference: Sections 116350, 116385 and 116555, Health and Safety Code. s 64536.6. Disinfection Byproduct Precursors (DBPP) Public Notification Requirements. For systems using conventional treatment, enhanced coagulation or enhanced softening are identified as treatment techniques to control the level of disinfection byproduct precursors in drinking water treatment and distribution systems. If a system fails to comply with the enhanced coagulation or enhanced softening requirements established in this article the system shall notify the public pursuant to sections 64464.3 and 64467, including language in section 64468.5, in addition to reporting to the Department pursuant to sections 64537 through 64537.6. Note: Authority cited: Sections 116325, 116370 and 116375, Health and Safety Code. Reference: Section 116350, Health and Safety Code. s 64537. General Reporting Requirements. Systems required to sample quarterly or more frequently, pursuant to section 64534.2, 64534.4, or 64534.6, shall report to the Department within 10 days after the end of each quarter in which samples were collected according to section 64451(c), notwithstanding the provisions of sections 64451(a) and (b). Systems required to sample less frequently than quarterly shall report to the Department within 10 days after the end of each monitoring period in which samples were collected. Systems shall report information to the Department in conformance with the requirements of sections 64537.2, 64537.4, and 64537.6. Note: Authority cited: Sections 116325 and 116375, Health and Safety Code. Reference: Sections 116350, 116385, 116530 and 116555, Health and Safety Code. s 64537.2. Disinfection Byproducts Reporting. Systems shall report to the Department the information specified in table 64537.2-A. Table 64537.2-A Disinfection Byproducts Reporting Note: Authority cited: Sections 116325 and 116375, Health and Safety Code. Reference: Sections 116350, 116385, 116530 and 116555, Health and Safety Code. s 64537.4. Disinfectants Reporting. Systems shall report to the Department the information specified in table 64537.4-A Table 64537.4-A Disinfectants Reporting If the system is monitoring under the requirements of section 64534.4 for... The system shall report... Chlorine or chloramines (1) The number of samples taken during each month of the last quarter. (2) The monthly arithmetic average of all samples taken in each month for the last 12 months. (3) The arithmetic average of all monthly averages for the last 12 months. (4) Whether, based on section 64535.4(b), the MRDL was violated. Chlorine dioxide (1) The dates, results, and locations of samples taken during the last quarter. (2) Whether, based on section 64535.4(c), the MRDL was violated. (3) Whether the MRDL was exceeded in any two consecutive daily samples and whether the resulting violation was acute or nonacute. Note: Authority cited: Sections 116325 and 116375, Health and Safety Code. Reference: Sections 116350, 116385, 116530 and 116555, Health and Safety Code. s 64537.6. Disinfection Byproduct Precursors and Enhanced Coagulation or Enhanced Softening Reporting. (a) Systems required to meet the enhanced coagulation or enhanced softening requirements in section 64536.2(a) or (b) shall report the following: (1) The number of paired (source water and treated water) samples taken during the last quarter. (2) The location, date, and result of each paired sample and associated alkalinity taken during the last quarter. (3) For each month in the reporting period that paired samples were taken, the arithmetic average of the percent reduction of TOC for each paired sample and the required TOC percent removal. (4) Calculations for determining compliance with the TOC percent removal requirements, as provided in section 64536.4(a). (5) Whether the system is in compliance with the enhanced coagulation or enhanced softening percent removal requirements in section 64536.2 for the last four quarters. (b) Systems meeting one or more of the alternative compliance criteria in section 64536(a) or (b), in lieu of meeting the requirements in section 64536.2(a) or (b), shall report the following: (1) The alternative compliance criterion that the system is using. (2) The number of paired samples taken during the last quarter. (3) The location, date, and result of each paired sample and associated alkalinity taken during the last quarter. (4) The running annual arithmetic average based on monthly averages (or quarterly samples) of source water TOC for systems meeting a criterion in sections 64536(a)(1) or (3) or of treated water TOC for systems meeting the criterion in section 64536(a)(2). (5) The running annual arithmetic average based on monthly averages (or quarterly samples) of source water SUVA for systems meeting the criterion in section 64536(a)(5) or of treated water SUVA for systems meeting the criterion in section 64536(a)(6). (6) The running annual average of source water alkalinity for systems meeting the criterion in section 64536(a)(3) and of treated water alkalinity for systems meeting the criterion in section 64536(b)(1). (7) The running annual average for both TTHM and HAA5 for systems meeting the criterion in section 64536(a)(3) or (4). (8) The running annual average of the amount of magnesium hardness removal (as CaCO 3, in mg/L) for systems meeting the criterion in section 64536(b)(2). (9) Whether the system is in compliance with the particular alternative compliance criterion in section 64536(a) or (b). Note: Authority cited: Sections 116325 and 116375, Health and Safety Code. Reference: Sections 116350, 116385, 116530 and 116555, Health and Safety Code. s 64551. Applicability. Note: Authority cited: Sections 208 and 4010.1 (h), Health and Safety Code. Reference: Sections 4010.1 (h), 4012, 4013 and 4019, Health and Safety Code. s 64553. Responsibility. Note: Authority cited: Sections 208 and 4010.1 (h), Health and Safety Code. Reference: Sections 4010.1 (h), 4012, 4013 and 4019, Health and Safety Code. s 64555. Definitions. (a) "Asphalt Institute Standard" means a standard or specification issued by the Asphalt Institute. (b) "ASTM Standard" means a standard issued by the American Society for Testing and Materials (ASTM). (c) "AWWA Standard" means a standard adopted by the American Water Works Association (AWWA). (d) "Federal Specification" means a standard approved by the United States General Services Agency for use by federal agencies. (e) "Flat Rate Water System" means a public water system where water deliveries to at least 50 percent of the service connections are not metered. (f) "Metered Water System" means a public water system that is not a flat rate water system. Note: Authority cited: Sections 208 and 4010.1 (h), Health and Safety Code. Reference: Sections 4010.1 (h), 4012, 4013 and 4019, Health and Safety Code. s 64560. Basic Design. (a) Additions to or changes in distribution systems shall be designed and constructed to: (1) Be free of structural and sanitary hazards. (2) Protect the quality of the water delivered to users at all times. (3) Protect the distribution system against contamination by backflow. (4) Provide adequate size and capacity to meet the requirements of Sections 64562 and 64566. (5) Withstand, with ample safety factors, the physical stresses imposed during normal operation. (6) Minimize the effects of events such as power supply, equipment, and structural failures, earthquakes, fires, floods and sabotage that are reasonably foreseeable. (7) Protect against unauthorized entry and/or vandalism. (8) Protect against adverse effects in areas subject to freezing weather. Note: Authority cited: Sections 208 and 4010.1 (h), Health and Safety Code. Reference: Sections 4010.1 (h), 4012, 4013 and 4019, Health and Safety Code. s 64561. Reliability. Note: Authority cited: Sections 208 and 4010.1 (h), Health and Safety Code. Reference: Sections 4010.1 (h), 4012, 4013 and 4019, Health and Safety Code. s 64562. Quantity of Supply. (a) Sufficient water shall be available from the water sources and distribution reservoirs to supply adequately, dependably and safely the total requirements of all users under maximum demand conditions before agreement is made to permit additional service connections to a system. (b) To ascertain this, first determine the total capacity of the existing source by procedures prescribed in Section 64563 and determine the total storage volume of the existing distribution reservoirs. Then determine the needed source capacity and the needed storage volume by procedures prescribed in Section 64564. The total available source capacity shall not be less than the needed source capacity. (c) The requirements of this section shall apply to an entire public water system and to each pressure zone within a public water system. (1) Requirements for an entire public water system shall be determined from the total source capacity, total storage volume and the total number of service connections. (2) Requirements for a particular pressure zone shall be determined from the total water supply available from the water sources and interzonal transfers directly supplying the zone, from the total storage volume within the zone and from the number of service connections within the zone. Note: Authority cited: Sections 208 and 4010.1 (h), Health and Safety Code. Reference: Sections 4010.1 (h), 4012, 4013 and 4019, Health and Safety Code. s 64563. Procedures for Determining Source Capacity. (a) The source capacity of a well shall be based on the sustained yield of the well or pump output, whichever is less. (1) Sustained yield of a well shall be determined from a pump test or from historical records. (2) The conditions of a pump test used to determine sustained yield of a well shall be acceptable to the Department and shall include: (A) Constant rate of water discharge from the well during the pump test. (B) Continuation of the pump test until at least four consecutive measurements of water level drawdown in the well and the elapsed time since the beginning of the pump test yield a straight line when the drawdown is plotted against the logarithm of the elapsed time. (b) The source capacity of a surface water supply or a spring shall be the lowest anticipated daily yield, based on adequately supported and documented data. (c) The source capacity of a purchased water connection between two public water systems shall be included in the total source capacity of the purchaser if the purchaser has sufficient storage or standby source capacity to meet user requirements during reasonably foreseeable shutdowns by the supplier. (d) Where the capacity of a source varies seasonally, the source capacity shall be the capacity at the time of maximum day demand. Note: Authority cited: Sections 208 and 4010.1 (h), Health and Safety Code. Reference: Sections 4010.1 (h), 4012, 4013 and 4019, Health and Safety Code. s 64564. Procedures for Determining Needed Source Capacity and Needed Storage Volume. (a) Whenever possible, needed source capacity and needed storage volume shall be determined from existing water use records of the water system. The records used shall clearly indicate total source capacity, total storage volume and maximum day demand of previous years. The existing records of the water system may be supplemented as needed by the records of a similar water system acceptable to either the Department or a qualified registered engineer. (b) When the existing records of the water system are inadequate to determine these values and no records of a similar water system can be found to supplement the existing records, the maximum day demand, the needed source capacity and the needed storage volume for typical residential and general commercial areas (without provisions for fire flow) shall be determined as follows: (1) Determine the maximum day demand (Q subo) from Chart 1 or Chart 2. (2) When the total capacity of the existing sources equals the maximum day demand (Q subo), the needed storage volume (V subo) to meet peak demand during the day shall be determined from Chart 3 or Chart 4. (3) When the total storage volume of the existing reservoirs (V) is less than the needed storage volume (V subo), the existing sources shall be supplemented so that the needed source capacity (Q) is met. For a metered water system, Q = Q subo (2.5-1.5V/V subo) or for a flat rate water system, Q = Q subo (2-V/V subo). (c) The needed source capacity and needed storage volume determined under (b) may be modified, with the approval of the Department, to reflect local conditions such as climate, community type and kinds of users. Unless the Department's written approval is obtained, the needed source capacity shall not be less than the maximum day demand. (d) The data used and the calculation made by the water supplier to determine whether sufficient water is available to accommodate additions to the systems must be kept and are subject to the Department review and approval at its discretion. Note: Authority cited: Sections 208 and 4010.1 (h), Health and Safety Code. Reference: Sections 4010.1 (h), 4012, 4013 and 4019, Health and Safety Code. s 64565. Department Approval of Source and Storage Capacities. Note: Authority cited: Sections 208, 4010.1 (h), Health and Safety Code. Reference: Sections 4010.1 (h), 4012, 4013 and 4019, Health and Safety Code. s 64566. System Pressure. (a) Changes in distribution systems shall be designed to maintain an operating pressure at all service connections of not less than 20 pounds per square inch gauge (psig) (140 kiloPascals gauge (kPag)) under the following demand conditions: (1) User maximum hour demand. (2) User average day demand plus design fire flow. (b) In a public water system supplying users at widely varying elevations, a water supplier may furnish a service to a user which does not comply with (a) if the user is fully advised of the conditions under which minimum service may be expected and the user's agreement is secured in writing. This waiver shall be applicable only to individual service connections. (c) Water mains shall be designed to have at least five psig (35 kPag) pressure throughout any buried length of the main except when the main is removed from service for repairs or maintenance. This requirement shall not apply to short lengths of water main near reservoir inlets and outlets provided: (1) The water main is on premises owned, leased or controlled by the water supplier; or (2) The prior review and written approval of the Department is obtained. Note: Authority cited: Sections 208 and 4010.1 (h), Health and Safety Code. Reference: Sections 4010.1 (h), 4012, 4013 and 4019, Health and Safety Code. s 64568. Conditions for Adding Service Connections. A new service connection may be added to a distribution system only if the water system will comply with Section 64562 after the new service connection is added and adding the new service connection will not cause pressure at an existing service connection to be reduced below the standards set in Section 64566. Note: Authority cited: Sections 208 and 4010.1 (h), Health and Safety Code. Reference: Sections 4010.1 (h), 4012, 4013 and 4019, Health and Safety Code. s 64570. Internal Combustion Engines. (a) Where water cooling jackets for internal combustion engines are connected to water mains, the jacket shall be designed so that the water pressure inside the water main at the cooling jacket will at all times be greater than the engine coolant pressure. (b) Backflow protection of the public water system shall be provided wherever makeup water is supplied to the cooling system of an internal combustion engine. Note: Authority cited: Sections 208 and 4010.1 (h), Health and Safety Code. Reference: Sections 4010.1 (h), 4012, 4013 and 4019, Health and Safety Code. s 64600. Basic Design of Distribution Reservoirs. (a) Distribution reservoirs shall be covered. (b) Vents, overflows, drain outlets and other reservoir openings shall be located and constructed to protect the water stored in the reservoir from contamination. Vents and overflows shall be screened. Vents shall not open upward. Overflows shall be large enough to dispose of reservoir overflow rates equal to the maximum reservoir filling rate. (c) Provisions shall be made to facilitate removal of floating material from the free water surface and for dewatering the reservoir. (d) Outlets shall be designed and constructed to minimize movement of sediment from the reservoir floor to the distribution system water mains. (e) Provisions shall be made for isolating reservoirs and appurtenant facilities from the distribution system without causing violation of Section 64566. (f) Unless the Department's approval is obtained, distribution reservoir sites shall not be used for nonwater works purposes that would: (1) Result in unrestricted public access. (2) Create a contamination hazard. (g) Reservoirs shall be disinfected and sampled for bacteriological quality in accordance with the procedures described in "Methods for Disinfecting Tanks and Reservoirs," American Water Works Association Journal, 71(1):49-50 (January 1979). Note: Authority cited: Sections 208 and 4010.1 (h), Health and Safety Code. Reference: Sections 4010.1 (h), 4012, 4013 and 4019, Health and Safety Code. s 64602. Subsurface Distribution Reservoirs. (a) Subsurface distribution reservoirs shall be lined and shall be located: (1) Above maximum anticipated ground water level. (2) At least 50 feet (15 meters) from the nearest sewer and at least 150 feet (45 meters) from all other sewerage facilities. (b) The land adjacent to a subsurface distribution reservoir shall be graded to route surface water away from the reservoir. Note: Authority cited: Sections 208 and 4010.1 (h), Health and Safety Code. Reference: Sections 4010.1 (h), 4012, 4013 and 4019, Health and Safety Code. s 64604. Corrosion Protection. Paints or other protective coatings shall comply with AWWA Standard D102-78. Note: Authority cited: Section 208 and 4010.1 (h), Health and Safety Code. Reference: Sections 4010.1 (h), 4012, 4013 and 4019, Health and Safety Code. s 64610. Basic Design of Pumping Stations. Note: Authority cited: Sections 208 and 4010.1 (h), Health and Safety Code. Reference: Sections 4010.1 (h), 4012, 4013 and 4019, Health and Safety Code. s 64612. Water Sealed Pumps. Seal water for water sealed pumps shall meet the water quality requirements of the Domestic Water Quality and Monitoring Regulations, Title 22, California Administrative Code, Chapter 15. Adequate drainage shall be provided for disposal of used seal water. Note: Authority cited: Sections 208 and 4010.1 (h), Health and Safety Code. Reference: Sections 4010.1 (h), 4012, 4013 and 4019, Health and Safety Code. s 64622. Water Main Materials. (a) Water main materials shall meet the applicable standards listed in Table I. (b) Cast iron and ductile iron pipe shall be cement mortar lined in accordance with AWWA Standard C104/A21.4-80. (c) Steel pipe shall be protected from internal and external corrosion. Table II lists various acceptable protective coatings and linings with appropriate standards. Table I Material Standards Pipe Material Standard Abestos-Cement AWWA C400-80 or C402-77 Cast Iron AWWA C106-75 Ductile Iron AWWA C151/A21.51-81 Steel AWWA C200-80 Copper AWWA C800-66 Concrete AWWA C300-82, C301-79, C302-74 or C303-78 Polybutylene AWWA C902-78 Polyethylene AWWA C901-78 Polyvinyl Chloride AWWA C900-81 Glass Reinforced Thermosetting Resin AWWA C950-81 Table II Steel Pipe Coatings and Linings Type of Coating or Lining Standard Cement Mortar Coating or Lining AWWA C205-80 or Federal Specification SS-P-385a Coal Tar Coating, Lining or AWWA C203-78 Wrapping Asphalt Mastic Coating Asphalt Institute M-2 CS-96 Extruded Plastic Coating Federal Specification L-C-530B (1972) Rubber-Alkyd Paint Coating AWWA C204-75 Cold Applied Tape Coating AWWA C209-76 Coal Tar-Epoxy Coating AWWA C210-78 Asphalt Coating and Wrapping Standard Specifications for Public Works Construction (1973), Section 207-10.4.4 Note: Authority cited: Sections 208 and 4010.1 (h), Health and Safety Code. Reference: Sections 4010.1 (h), 4012, 4013 and 4019, Health and Safety Code. s 64624. Water Main Selection and Installation. (a) Steel pipe shall be selected and installed in accordance with American Water Works Association (AWWA) Manual M-11 (1964), "Steel Pipe -Design and Installation." The design shall comply with Sections 6.1 and 6.2 of the manual, except that the minimum design pressure shall be at least the maximum anticipated system pressure, but in no case less than 150 psig (1,030 kPag). (b) Asbestos-cement, cast iron and ductile iron pipe shall be selected and installed in accordance with the standards listed in Table III. (c) Polyvinyl chloride pipe shall be selected and installed in accordance with Appendix A of AWWA Standard C900-81. (d) Polybutylene pipe shall be selected and installed in accordance with Appendix A of AWWA Standard C902-81. (e) Polyethylene pipe shall be selected and installed in accordance with Appendix A of AWWA Standard C901-81. (f) Plastic pipe shall not be used in areas subject to contamination by petroleum distillates. Table III Pipe Selection and Installation Standards Type of Pipe Standards Asbestos-Cement AWWA C401-83, C403-78 and C603-78 Cast Iron AWWA C600-82 Ductile Iron AWWA C150/A21.5-81 and C600-82 Note: Authority cited: Sections 208 and 4010.1 (h), Health and Safety Code. Reference: Sections 4010.1 (h), 4012, 4013 and 4019, Health and Safety Code. s 64626. Layout of Water Mains. (a) Water mains should be laid out only in segmented grids and loops and should be located within streets. Dead-end water mains shall be installed only if: (1) Looping or gridding is impractical due to topography, geology, pressure zone boundaries, unavailability of easements or locations of users; or (2) The main is to be extended in the near future and the planned extension will eliminate the dead-end conditions. Note: Authority cited: Sections 208 and 4010.1 (h), Health and Safety Code. Reference: Sections 4010.1 (h), 4012, 4013 and 4019, Health and Safety Code. s 64628. Minimum Water Main Diameter and Length of Run. (a) Water mains shall have a nominal inside diameter of at least four inches (100 mm). (b) Dead-end water mains exceeding 1,000 feet (300 meters) in length shall be constructed of pipe with a nominal inside diameter of at least 6 inches (150 mm). (c) Dead-end water mains exceeding 2,000 feet (600 meters) in length shall be constructed of pipe with a nominal inside diameter of at least 8 inches (200 mm). (d) The requirements of (a), (b) and (c) shall not apply to water main installations meeting one of the following criteria: (1) The installation is designed under the direction of a qualified registered engineer to meet the requirements of Section 64566. (2) The installation is approved by the Department prior to construction. Note: Authority cited: Sections 208 and 4010.1 (h), Health and Safety Code. Reference: Sections 4010.1 (h), 4012, 4013 and 4019, Health and Safety Code. s 64630. Water Main Installation. (a) Water mains shall be installed below the frost line or shall otherwise be protected to prevent freezing. (b) Water mains shall not have less than 30 inches (0.75 meters) of cover over the top of the pipe except where necessary to avoid underground obstructions or rocky conditions. (c) Water mains shall be installed at least: (1) Ten feet (3 meters) horizontally from and 1 foot (0.3 meters) higher than sanitary sewers located parallel to the main. (2) One foot (0.3 meters) higher than sanitary sewers crossing the main. (3) Ten feet (3 meters), and preferably 25 feet (7.5 meters), horizontally from sewage leach fields, cesspools, seepage pits and septic tanks. (d) Separation distances specified in (c) shall be measured from the nearest edges of the facilities. (e) Where the requirements of (c) and (d) cannot be met due to topography, inadequate right-of-way or easements or conflicts with other provisions of these regulations, lesser separation is permissible if: (1) The water main and the sewer are located as far apart as feasible within the conditions listed above. (2) The water main and the sewer are not installed within the same trench. (3) The water main is appropriately constructed to prevent contamination of the water in the main by sewer leakage. (f) Water mains shall be disinfected according to AWWA Standard C601-81 before being placed in service. (g) Installation of water mains near the following sources of potential contamination shall be subject to written approval by the Department on a case-by-case basis: (1) Storage ponds or land disposal sites for waste water or industrial process water containing toxic materials or pathogenic organisms. (2) Solid waste disposal sites. (3) Facilities such as storage tanks and pipelines where malfunction of the facility would subject the water in the main to toxic or pathogenic contamination. Note: Authority cited: Sections 208 and 4010.1 (h), Health and Safety Code. Reference: Sections 4010.1 (h), 4012, 4013 and 4019, Health and Safety Code. s 64632. Water Main Valve Locations. Sufficient valves shall be provided on water mains to minimize inconvenience and sanitary hazards during repairs. In general, valves on water mains of 12 inches (300 mm) and smaller diameter should be located such that water main lengths of not more than 1,000 feet (300 meters) can be isolated by valve closures. Note: Authority cited: Sections 208 and 4010.1 (h), Health and Safety Code. Reference: Sections 4010.1 (h), 4012, 4013 and 4019, Health and Safety Code. s 64634. Water Main Valve Construction Standards. (a) Water main valves of the types listed in Table IV shall conform to the standards shown in Table IV. (b) A valve box shall be installed over each valve stem to aid in locating and operating the valve. Table IV Water Main Valve Construction Standards Type of Valve Construction Standard Gate Valve AWWA C550-80 Butterfly Valve AWWA C504-80 Ball Valve AWWA C507-73 Swing Check Valve AWWA C508-82 Note: Authority cited: Sections 208 and 4010.1 (h), Health and Safety Code. Reference: Sections 4010.1 (h), 4012, 4013 and 4019, Health and Safety Code. s 64636. Air and Vacuum Relief and Air Release Valves. (a) Vent openings for air and vacuum relief and air release valves shall be: (1) Extended at least one foot (0.3 meters) above grade and above maximum recorded high water. (2) Provided with a screened, downward facing vent opening. (b) Where the requirements of (a) (1) cannot be practicably met, vent openings may be located in a subsurface chamber or pit under the following conditions: (1) The pit is adequately drained. (2) The pit drain is not connected by pipe or other closed conduit to a sewer or storm drain without an air gap separation. Note: Authority cited: Sections 208 and 4010.1 (h), Health and Safety Code. Reference: Sections 4010.1 (h), 4012, 4013 and 4019, Health and Safety Code. s 64638. Water Main Joints. Joints and appurtenances shall safely withstand the same working pressures for which the water main is designed. Jute shall not be used as a backup gasket material. Note: Authority cited: Sections 208 and 4010.1 (h), Health and Safety Code. Reference: Sections 4010.1 (h), 4012, 4013 and 4019, Health and Safety Code. s 64640. Fire Hydrants. Fire hydrant laterals shall be provided with shutoff valves. Note: Authority cited: Sections 208 and 4010.1 (h), Health and Safety Code. Reference: Sections 4010.1 (h), 4012, 4013 and 4019, Health and Safety Code. s 64642. Flushing Valves and Blowoffs. (a) A flushing valve or blowoff shall be installed at the end of each dead-end water main where stagnant conditions are likely to develop. (b) Flushing valves and blowoffs shall be capable of establishing the minimum continuous flushing flow in the main indicated by Table V. (c) Flushing valves and blowoffs shall not discharge to a sewer without an air gap separation. Table V Minimum Water Main Flushing Flow #Nominal Inside Diameter Minimum Flushing Flow Inches Millimeters Gallons/Milnute Liters/Second 2 50 25 1.5 3 75 50 3.4 4 100 100 6.3 6 150 225 14 8 200 400 25 10 250 600 38 Note: Authority cited: Sections 208 and 4010.1 (h), Health and Safety Code. Reference: Sections 4010.1 (h), 4012, 4013 and 4019, Health and Safety Code. s 64644. Service Connection Pipe. Service connection pipe and fittings shall be designed for cold water working pressures of not less than 150 psig (1,030 kPag). Copper tubing shall be commercial designation type K or L. Plastic tubing and fittings shall be products tested and certified as suitable for use in potable water piping systems by the National Sanitation Foundation Testing Laboratory, the Canadian Standards Association Testing Laboratory or another testing agency acceptable to the Department. Note: Authority cited: Sections 208 and 4010.1 (h), Health and Safety Code. Reference: Sections 4010.1 (h), 4012, 4013 and 4019, Health and Safety Code. s 64650. General Requirements. (a) For a supplier using an approved surface water, as defined in section 64651.10, this chapter establishes treatment techniques in lieu of maximum contaminant levels for turbidity and the following microbial contaminants: Giardia lamblia (cysts), viruses, heterotrophic plate count bacteria, and Legionella. (b) Each supplier using an approved surface water shall provide multibarrier treatment necessary to reliably protect users from the adverse health effects of microbiological contaminants and to comply with the requirements and performance standards prescribed in this chapter. A supplier that meets the requirements of section 64652.5 and wishes to not be required to provide multibarrier treatment shall submit an application to the Department. That application shall consist of comprehensive documentation that either demonstrates current compliance with the requirements in section 64652.5 or demonstrates that the water system will be in compliance within fifteen months from application submittal. Within 30 days, the Department will review the application and inform the applicant in writing that the application is complete and accepted for filing, or that the application is deficient and what specific information is required. Within 90 days from the date the application is accepted for filing, the Department will complete its review of the documentation, determine whether to approve the application, and notify the water supplier. If at any time the Department determines that a water supplier is not in compliance with the requirements of this chapter, the Department will notify the supplier of that determination within 30 days of its being made. (c) Except as provided for existing treatment plants in section 64652(c), within 90 days from the date of notification by the Department pursuant to subsection (b), the supplier shall submit for Department approval a plan and schedule to modify its system to meet the requirements of this chapter. (d) If the supplier disagrees with the Department's notification specified in subsection (b), then the supplier shall submit reasons for its disagreement within 30 days from the receipt of the notification. The Department shall notify the supplier of its final determination in writing within 30 days of receipt of the supplier's reasons for disagreement. If the Department's final determination is that the supplier does not meet the requirements of this chapter, then the supplier shall comply with provisions of subsection (c) within 90 days of receipt of the Department's final determination. Note: Authority cited: Sections 100275 and 116375, Health and Safety Code. Reference: Sections 116270, 116275, 116350, 116365, 116375, 116385, 116390, 116400, 116525, 116530, 116535, 116540, 116550 and 116625, Health and Safety Code. s 64651.10. Approved Surface Water. "Approved surface water" means a surface water or groundwater under the direct influence of surface water that has received permit approval from the Department in accordance with sections 4011 through 4016 of the Health and Safety Code. Note: Authority cited: Sections 208 and 4023.3, Health and Safety Code. Reference: Sections 4010, 4010.1, 4011, 4012, 4013, 4014, 4016, 4023.1, 4023.3, 4024, 4025, 4026.4, and 4031, Health and Safety Code. s 64651.16. Coagulant Chemical. "Coagulant chemical" means a floc-forming agent that has been demonstrated to provide coagulation. Note: Authority cited: Sections 208 and 4023.3, Health and Safety Code. Reference: Sections 4010, 4010.1, 4011, 4012, 4013, 4014, 4016, 4023.1, 4023.3, 4024, 4025, 4026.4, and 4031, Health and Safety Code. s 64651.20. Coagulation. "Coagulation" means a process using coagulant chemicals and rapid mixing, by which colloidal and suspended material are destabilized and agglomerated into settleable and/or filterable flocs. Note: Authority cited: Sections 208 and 4023.3, Health and Safety Code. Reference: Sections 4010, 4010.1, 4011, 4012, 4013, 4014, 4016, 4023.1, 4023.3, 4024, 4025, 4026.4, and 4031, Health and Safety Code. s 64651.23. Conventional Filtration Treatment. "Conventional filtration treatment" means a series of treatment processes which includes coagulation, flocculation, sedimentation, and filtration resulting in substantial particulate removal. Note: Authority cited: Sections 208 and 4023.3, Health and Safety Code. Reference: Sections 4010, 4010.1, 4011, 4012, 4013, 4014, 4016, 4023.1, 4023.3, 4024, 4025, 4026.4, and 4031, Health and Safety Code. s 64651.26. Diatomaceous Earth Filtration. "Diatomaceous earth filtration" means a process resulting in particulate removal in which a precoat cake of graded diatomaceous earth filter media is deposited on a support membrane (septum) and, while the water is being filtered by passing through the cake on the septum, additional filter media known as body feed is continuously added to the feed water to maintain the permeability of the filter cake. Note: Authority cited: Sections 208 and 4023.3, Health and Safety Code. Reference: Sections 4010, 4010.1, 4011, 4012, 4013, 4014, 4016, 4023.1, 4023.3, 4024, 4025, 4026.4, and 4031, Health and Safety Code. s 64651.30. Direct Filtration Treatment. "Direct filtration treatment" means a series of processes including coagulation, flocculation, and filtration but excluding sedimentation. Note: Authority cited: Sections 208 and 4023.3, Health and Safety Code. Reference: Sections 4010, 4010.1, 4011, 4012, 4013, 4014, 4016, 4023.1. 4023.3, 4024, 4025, 4026.4, and 4031, Health and Safety Code. s 64651.32. Disinfectant Contact Time. "Disinfectant contact time" means the time in minutes that it takes for water to move from the point of disinfectant application or a previous point of disinfectant residual measurement to a point before or at the point where residual disinfectant concentration is measured. Disinfectant contact time in pipelines is calculated by dividing the internal volume of the pipe by the flow rate through the pipe. Disinfectant contact time within mixing basins and storage reservoirs is determined by tracer studies or an equivalent demonstration to the Department. Note: Authority cited: Sections 208 and 4023.3, Health and Safety Code. Reference: Sections 4010, 4010.1, 4011, 4012, 4013, 4014, 4016, 4023.1, 4023.3, 4024, 4025, 4026.4, and 4031, Health and Safety Code. s 64651.33. Disinfection. "Disinfection" means a process which inactivates pathogenic organisms in water by chemical oxidants or equivalent agents. Note: Authority cited: Sections 208 and 4023.3, Health and Safety Code. Reference: Sections 4010, 4010.1, 4011, 4012, 4013, 4014, 4016, 4023.1, 4023.3, 4024, 4025, 4026.4, and 4031, Health and Safety Code. s 64651.36. Engineering Report. "Engineering report" means a water treatment technical report prepared by a qualified engineer. Note: Authority cited: Sections 208 and 4023.3, Health and Safety Code. Reference: Sections 4010, 4010.1, 4011, 4012, 4013, 4014, 4016, 4023.1. 4023.3, 4024, 4025, 4026.4, and 4031, Health and Safety Code. s 64651.40. Filter-To-Waste. "Filter-to-waste" means a provision in a filtration process to allow the first filtered water, after backwashing a filter, to be wasted or reclaimed. Note: Authority cited: Sections 208 and 4023.3, Health and Safety Code. Reference: Sections 4010, 4010.1, 4011, 4012, 4013, 4014, 4016, 4023.1, 4023.3, 4024, 4025, 4026.4, and 4031, Health and Safety Code. s 64651.43. Filtration. "Filtration" means a process for removing particulate matter from water by passage through porous media. Note: Authority cited: Sections 208 and 4023.3, Health and Safety Code. Reference: Sections 4010, 4010.1, 4011, 4012, 4013, 4014, 4016, 4023.1, 4023.3, 4024, 4025, 4026.4, and 4031, Health and Safety Code. s 64651.46. Flocculation. "Flocculation" means a process to enhance agglomeration or collection of smaller floc particles into larger, more easily settleable or filterable particles through gentle stirring by hydraulic or mechanical means. Note: Authority cited: Sections 208 and 4023.3, Health and Safety Code. Reference: Sections 4010, 4010.1, 4011, 4012, 4013, 4014, 4016, 4023.1, 4023.3, 4024, 4025, 4026.4, and 4031, Health and Safety Code. s 64651.50. Groundwater Under the Direct Influence of Surface Water. "Groundwater under the direct influence of surface water" means any water beneath the surface of the ground with significant occurrence of insects or other macroorganisms, algae or large diameter pathogens such as Giardia lamblia, or significant and relatively rapid shifts in water characteristics such as turbidity, temperature, conductivity or pH which closely correlate to climatological or surface water conditions. Note: Authority cited: Sections 208 and 4023.3, Health and Safety Code. Reference: Sections 4010, 4010.1, 4011, 4012, 4013, 4014, 4016, 4023.1 4023.3, 4024, 4025, 4026.4 and 4031, Health and Safety Code. s 64651.53. Legionella. "Legionella" means a genus of bacteria, some species of which have caused a type or pneumonia called Legionnaires disease. Note: Authority cited: Sections 208 and 4023.3, Health and Safety Code. Reference: Sections 4010, 4010.1, 4011, 4012, 4013, 4014, 4016, 4023.1, 4023.3, 4024, 4025, 4026.4 and 4031, Health and Safety Code. s 64651.56. Multibarrier Treatment. "Multibarrier treatment" means a series of water treatment processes that provide for both removal and inactivation of waterborne pathogens. Note: Authority cited: Sections 208 and 4023.3, Health and Safety Code. Reference: Sections 4010, 4010.1, 4011, 4012, 4013, 4014, 4016, 4023.1, 4023.3, 4024, 4025, 4026.4, and 4031, Health and Safety Code. s 64651.60. NTU (Nephelometric Turbidity Unit). "Nephelometric Turbidity Unit (NTU)" means a measurement of the turbidity of water as determined by the ratio of the intensity of light scattered by the sample to the intensity of incident light, using instrumentation and methods as set forth in "Standard Methods for the Examination of Water and Wastewater," 1985, American Public Health Association, et al., 16th edition, pages 134-136. Note: Authority cited: Sections 208 and 4023.3, Health and Safety Code. Reference: Sections 4010, 4010.1, 4011, 4012, 4013, 4014, 4016, 4023.1, 4023.3, 4024, 4025, 4026.4, and 4031, Health and Safety Code. s 64651.63. Pressure Filter. "Pressure filter" means a pressurized vessel containing properly sized and graded granular media. Note: Authority cited: Sections 208 and 4023.3, Health and Safety Code. Reference: Sections 4010, 4010.1, 4011, 4012, 4013, 4014, 4016, 4023.1, 4023.3, 4024, 4025, 4026.4, and 4031, Health and Safety Code. s 64651.66. Qualified Engineer. "Qualified engineer" means a Civil Engineer, registered in the State of California, with 3 years experience in water treatment design, construction, operation, and watershed evaluations. Note: Authority cited: Sections 208 and 4023.3, Health and Safety Code. Reference: Sections 4010, 4010.1, 4011, 4012, 4013, 4014, 4016, 4023.1, 4023.3, 4024, 4025, 4026.4, and 4031, Health and Safety Code. s 64651.70. Residual Disinfectant Concentration. "Residual disinfectant concentration" means the concentration of the disinfectant in milligrams per liter (mg/l) in a representative sample of water. Note: Authority cited: Sections 208 and 4023.3, Health and Safety Code, Reference: Sections 4010, 4010.1, 4011, 4012, 4013, 4014, 4016, 4023.1, 4023.3, 4024, 4025, 4026.4, and 4031, Health and Safety Code. s 64651.73. Sedimentation. "Sedimentation" means a process for removal of settleable solids before filtration by gravity or separation. Note: Authority cited: Sections 208 and 4023.3, Health and Safety Code. Reference: Sections 4010, 4010.1, 4011, 4012, 4013, 4014, 4016, 4023.1, 4023.3, 4024, 4025, 4026.4, and 4031, Health and Safety Code. s 64651.76. Slow Sand Filtration. "Slow sand filtration" means a process involving passage of raw water through a bed of sand at rates not to exceed 0.10 gallons per minute per square foot resulting in substantial particulate removal by physical and biological mechanisms. Note: Authority cited: Sections 208 and 4023.3, Health and Safety Code. Reference: Sections 4010, 4010.1, 4011, 4012, 4013, 4014, 4016, 4017, 4023.1, 4023.3, 4024, 4025, 4026.4, and 4031, Health and Safety Code. s 64651.80. Supplier. "Supplier," for the purpose of this chapter, means the owner or operator of a water system for the provision to the public of piped water for human consumption, provided such system has at least 15 service connections or regularly serves at least 25 individuals daily at least 60 days out of the year. Note: Authority cited: Sections 208 and 4023.3, Health and Safety Code. Reference: Sections 4010, 4010.1, 4011, 4012, 4013, 4014, 4016, 4017, 4023.1, 4023.3, 4024, 4025, 4026.4, and 4031, Health and Safety Code. s 64651.83. Surface Water. "Surface water" means all water open to the atmosphere and subject to surface runoff. For purposes of this chapter, water runoff originating from the lined walls and other man-made appurtenant structures of treated water distribution reservoirs, is excluded from the definition of surface water. Note: Authority cited: Sections 208 and 4023.3, Health and Safety Code. Reference: Sections 4010, 4010.1, 4011, 4012, 4013, 4014, 4016, 4023.1, 4023.3, 4024, 4025, 4026.4 and 4031, Health andSafety Code. s 64651.86. Turbidity Level. "Turbidity level" means the value in NTU obtained by measuring the turbidity of a representative grab sample of water at a specified regular interval of time. If continuous turbidity monitoring is utilized, the turbidity level is the discrete turbidity value at a given time. Note: Authority cited: Sections 208 and 4023.3, Health and Safety Code. Reference: Sections 4010, 4010.1, 4011, 4012, 4013, 4014, 4016, 4023.1, 4023.3, 4024, 4025, 4026.4, and 4031, Health and Safety Code. s 64651.90. Virus. "Virus" means a virus of fecal origin which is infectious to humans by waterborne transmissions. Note: Authority cited: Sections 208 and 4023.3, Health and Safety Code. Reference: Sections 4010, 4010.1, 4011, 4012, 4013, 4014, 4016, 4023.1, 4023.3, 4024, 4025, 4026.4 and 4031, Health and Safety Code. s 64651.91. Waterborne Microbial Disease Outbreak. "Waterborne microbial disease outbreak" means the significant occurrence of acute infectious illness, epidemiologically associated with the ingestion of water from a public water system which is deficient in treatment, as determined by a County Health Officer or the Department. Note: Authority cited: Sections 100275 and 116375, Health and Safety Code. Reference: Sections 116270, 116275, 116350, 116365, 116385, 116390, 116400, 116525, 116530, 116535, 116540, 116550 and 116625, Health and Safety Code. s 64651.93. Watershed. "Watershed" means the area contained in a drainage basin which is tributary to a water supply diversion point. Note: Authority cited: Sections 208 and 4023.3, Health and Safety Code. Reference: Sections 4010, 4010.1, 4011, 4012, 4013, 4014, 4016, 4023.1, 4023.3, 4024, 4025, 4026.4, and 4031, Health and Safety Code. s 64652. Treatment Requirements and Compliance Options. (a) Each supplier using an approved surface water shall provide multibarrier treatment that meets the requirements of this chapter and reliably ensures at least: (1) A total of 99.9 percent reduction of Giardia cysts through filtration and disinfection; and (2) A total of 99.99 percent reduction or viruses through filtration and disinfection. (b) Suppliers meeting the requirements of section 64654 in combination with either section 64652.5 or 64653 shall be deemed to be in compliance with the minimum reduction requirements specified in section 64652(a). (c) For treatment plants existing as of June 13, 1990, which do not consist of the approved technologies specified in section 64653(a), or are not in compliance with the design criteria specified in section 64658, the supplier shall submit a report demonstrating that the plant can be operated to reliably produce water meeting the performance requirements of sections 64653 and 64654. This demonstration shall be a presentation and analysis of the latest 12 months of operating data, and special studies conducted to test the performance of the plant under adverse water quality conditions or other means. The supplier shall submit the required report within 15 months of being notified by the Department pursuant to section 64650(b) that their plant does not consist of the approved technologies. (d) No variances from the requirements in this section are permitted. Note: Authority cited: Sections 100275 and 116375, Health and Safety Code. Reference: Sections 116270, 116275, 116365, 116375, 116385, 116390, 116400, 116525, 116530, 116535, 116540, 116550, 116555, 116625 and 116735, Health and Safety Code. s 64652.5. Criteria for Avoiding Filtration. (a) A public water system that uses an approved surface water shall meet all of the requirements of this section to avoid the necessity of providing filtration. Within 18 months of the failure of a system using an approved surface water to meet any one of the requirements of Subsections (b) through (l), the system shall have installed filtration and meet the requirements for filtered systems specified in sections 64653, 64658, 64659, 64660, and 64661. (b) The approved surface water quality shall be monitored downstream of all surface water and groundwater under the influence of surface water contributions and upstream of the first or only point of disinfectant application, as follows: (1) For fecal or total coliform density at the following minimum frequency each week: System size (persons served) Samples/week <=500 1 501-3,300 2 [FNA1] 3,301-10,000 3 [FNA1] 10,001-25,000 4 [FNA1] > 25,000 5 [FNA1] [FNA1] Shall be taken on separate days. (2) For fecal or total coliform density, once every day the turbidity of the source water exceeds 1 NTU unless the Department determines that the system, for logistical reasons outside the system's control, is unable to have the sample analyzed within 30 hours of collection. If collected, these samples count toward the weekly coliform sampling requirement. (3) For turbidity at a minimum frequency of once every four hours. A supplier may substitute continuous turbidity monitoring for grab sample monitoring if, at regular intervals, it validates the accuracy of the continuous measurement using a protocol approved by the Department. (c) The approved surface water quality monitored pursuant to Subsection (b) shall meet the following criteria: (1) The fecal coliform concentration shall be equal to or less than 20/100 ml, or the total coliform concentration shall be equal to or less than 100/100 ml, in representative samples of the approved surface water in at least 90 percent of the measurements made for the six previous months that the system served unfiltered approved surface water to the public on an ongoing basis. If a system measures both fecal and total coliforms, the fecal coliform criterion, not the total coliform criterion, in this paragraph shall be met. (2) The turbidity level shall not exceed 5 NTU in representative samples of the approved surface water unless: (A) The Department determines that any such event was caused by circumstances that were unusual and unpredictable; and (B) As a result of any such event, there have not been more than two events in the past 12 months the system served unfiltered approved surface water to the public, or more than five events in the past 120 months the system served unfiltered approved surface water to the public, in which the turbidity level exceeded 5 NTU. An "event" is one day or a series of consecutive days during which at least one turbidity measurement each day exceeds 5 NTU. (d) Water quality information collected pursuant to subsection (a) shall be reported to the Department in conformance with the requirements of 40 CFR section 141.75(a)(1) (54 Fed. Reg. 27535, June 29, 1989). (e) The supplier shall maintain a watershed control program which minimizes the potential for contamination by Giardia cysts and viruses in the source water. The adequacy of a program to limit potential contamination by Giardia cysts and viruses shall be determined by: the comprehensiveness of the watershed review; the effectiveness of the supplier's program to monitor and control detrimental activities occurring in the watershed; and the extent to which the water system has maximized land ownership and/or controlled land use within the watershed. At a minimum, the watershed control program shall: (1) Characterize the watershed hydrology and land ownership; (2) Identify watershed characteristics and activities which may have an adverse effect on water quality; (3) Monitor the occurrence of activities which may have an adverse effect on water quality. The supplier shall demonstrate through ownership and/or written agreements with landowners within the watershed that it can control all human activities which may have an adverse impact on the microbiological quality of the water. The supplier shall submit an annual report to the Department that identifies any special concerns about the watershed and how they are being handled; describes activities in the watershed that affect water quality; and projects what adverse activities are expected to occur in the future and how the public water system expects to address them; and (4) Monitor the presence of Giardia cysts in the approved surface water whenever agricultural grazing, water oriented recreation, or point source domestic wastewater discharges occur on the watershed. At a minimum the monitoring shall measure the Giardia cyst concentration monthly at a point immediately prior to the first or only point of disinfectant application. The monitoring results shall be included in an annual report to the Department. This monitoring requirement may be waived after one year for suppliers serving fewer than 500 persons when the monitoring results indicate a mean Giardia cyst concentration of 1 cyst per 100 litres or less. (f) The water system shall be subject to an annual on-site inspection to assess the watershed control program and disinfection treatment process. Either the Department or a party approved by the Department shall conduct the on-site inspection. The inspection shall be conducted by competent individuals who have a sound understanding of public health principles and waterborne diseases, such as sanitary engineers, civil engineers, environmental health specialists, or technicians who have experience and knowledge about the operation and maintenance of a public water system. A report of the on-site inspection summarizing all findings shall be prepared every calendar year and submitted to the Department, if not conducted by the Department, by December 31 of that year. The on-site inspection shall be comprehensive to enable the Department to determine whether the watershed control program and disinfection treatment process are adequately designed and maintained. The on-site inspection shall include: (1) A review of the effectiveness of the watershed control program; (2) A review of the physical condition of the source intake and how well it is protected; (3) A review of the supplier's equipment maintenance program to ensure there is low probability for failure of the disinfection process; (4) An inspection of the disinfection equipment for physical deterioration; (5) A review of operating procedures; (6) A review of data records to ensure that all required tests are being conducted and recorded and disinfection is effectively practiced; and (7) Identification of any improvements which are needed in the equipment, system maintenance and operation, or data collection. (g) The water system shall not have been identified as a source of a waterborne microbial disease outbreak, or if it has been so identified, the system shall have been modified sufficiently to prevent another such occurrence, as determined by the Department. (h) The water system shall comply with the total coliform maximum contaminant level (MCL) specified in 22 CCR section 64426.1 at least 11 of the 12 previous months that the system served water to the public on an ongoing basis, unless the Department determines that failure to meet this requirement was not caused by the unfiltered approved surface water. (i) The water system shall comply with the requirements for trihalomethanes specified in 22 CCR section 64439 unless the Department determines that failure to meet this requirement was not caused by a deficiency in treatment of the unfiltered approved surface water. (j) The supplier shall provide to the Department an annual report, by December 31st of each year, which summarizes its compliance with all the watershed control program requirements. (k) The water system shall meet the following special disinfection requirements: (1) The water system shall not fail to provide disinfection treatment sufficient to ensure at least a 99.9 percent inactivation of Giardia cysts and a 99.99 percent inactivation of viruses for more than one day in any month the water system served unfiltered approved surface water. The means used to demonstrate the required percent inactivation with disinfection shall be as identified in 40 CFR sections 141.72(a)(1), and 141.74(b)(3) and (b)(4). Disinfection information collected pursuant to this subsection shall be reported to the Department in conformance with the requirements of 40 CFR section 141.75(a)(2). The necessity to install filtration as a result of a failure to meet the requirements in subsection (c) will not apply if: (A) Either the supplier meets the requirements of subsection (c) at least 11 of the 12 previous months that the system served unfiltered approved surface water to the public on an ongoing basis, or (B) The system fails to meet the requirements of subsection (c) during 2 of the 12 previous months that the system served unfiltered approved surface water to the public, and (C) The Department determines that failure to meet the requirements in subsection (c) for at least one of these months was caused by circumstances that were unusual and unpredictable. (2) The disinfection system shall have either: (A) Redundant components, including an auxiliary power supply with automatic start-up and alarm to ensure that disinfectant application is maintained continuously while water is being delivered to the distribution system; or (B) Automatic shut-off of delivery of water to the distribution system whenever there is less than 0.2 mg/l of residual disinfectant concentration in the water. (3) The water system shall meet the requirements of section 64654(b)(1) at all times the system serves unfiltered approved surface water to the public unless the Department determines that any such failure was caused by circumstances that were unusual and unpredictable. (4) The water system shall meet the requirements of section 64654(b)(2) on an ongoing basis unless the Department determines that failure to meet these requirements was not caused by a deficiency in treatment of the unfiltered approved surface water. (l) Whenever the monitoring of the quality of the approved surface water indicates the turbidity exceeds 5.0 NTU, or the fecal coliform level exceeds 20/100 mL or the total coliform concentration exceeds 100/100 mL in 10 percent or more of the samples collected in the previous six months during which the system served unfiltered approved surface water to the public on an ongoing basis, the source shall be removed from service. The source may be returned to service when monitoring subsequent to removing the source from service demonstrates that the turbidity is less than or equal to 5.0 NTU and the fecal coliform level is less than or equal to 20/100 mL or the total coliform level is less than or equal to 100/100 mL for two consecutive days, and Giardia monitoring results indicate 1 cyst per 100 liters or less. If a system measures both fecal and total coliforms, the fecal coliform criterion, not the total coliform criterion, in this subsection shall be met. Note: Authority cited: Sections 100275 and 116375, Health and Safety Code. Reference: Sections 116270, 116275, 116350, 116365, 116375, 116385, 116390, 116400, 116525, 116530, 116535, 116540, 116550, 116625 and 116735, Health and Safety Code. s 64653. Filtration. (a) All approved surface water utilized by a supplier shall be treated using one of the following filtration technologies unless an alternative process has been approved by the Department pursuant to subsections (f), (g) and (h): (1) Conventional filtration treatment (2) Direct filtration treatment (3) Diatomaceous earth filtration (4) Slow sand filtration (b) Conventional filtration treatment shall be deemed to be capable of achieving at least 99.7 percent removal of Giardia cysts and 99 percent removal of viruses when in compliance with operation criteria specified in section 64660 and performance standards specified in subsection (c). Direct filtration treatment, diatomaceous earth filtration and slow sand filtration shall be deemed to be capable of achieving at least 99 percent removal of Giardia cysts and a 90 percent removal of viruses when in compliance with operation criteria specified in section 64660 and performance standards specified in subsections (c) and (d). (c) Conventional filtration, direct filtration, or diatomaceous earth filtration shall comply with the following performance standards for each treatment plant: (1) The turbidity level of the filtered water shall be equal to or less than 0.5 NTU in 95 percent of the measurements taken each month and shall not exceed 5.0 NTU at any time. (2) For those suppliers using a grab sampling monitoring program the turbidity level of the filtered water shall not exceed 1.0 NTU in more than two samples taken consecutively while the plant is in operation. For those suppliers using a continuous monitoring program the turbidity level of the filtered water shall not exceed 1.0 NTU for more than eight consecutive hours while the plant is in operation. (d) Slow sand filtration shall comply with the following performance standards for each treatment plant: (1) The turbidity level of the filtered water shall be less than or equal to 1.0 NTU in 95 percent of the measurements taken each month. However, filtered water from the treatment plant may exceed 1.0 NTU, provided the filter effluent prior to disinfection meets the maximum contaminant level for total coliforms as specified in 22 CCR section 64426.1. (2) The turbidity level of the filtered water shall not exceed 5.0 NTU at any time. (e) In order to obtain approval for a higher removal efficiency than that specified in subsection (b), a water supplier shall demonstrate to the Department that the higher removal efficiency can be reliably obtained. (f) An alternative to the filtration technologies specified in subsection (a) may be used provided that the supplier demonstrates to the Department that the alternative technology provides a minimum of 99 percent Giardia cyst removal and 90 percent virus removal for suppliers serving more than 500 persons, or 90 percent Giardia cyst removal for suppliers serving 500 or fewer persons and meets the turbidity performance standards established in subsection (d). The demonstration shall be based on the results from a prior equivalency demonstration or a testing of a full scale installation that is treating a water with similar characteristics and is exposed to similar hazards as the water proposed for treatment. A pilot plant test of the water to be treated may also be used for this demonstration if conducted with the approval of the Department. The demonstration shall be presented in an engineering report prepared by a qualified engineer. (g) Suppliers proposing to use an alternative filtration technology may request from the Department a waiver to comply with the requirements of subsection (f) to demonstrate 90 percent virus removal. The request shall be based on a watershed sanitary survey conducted in accordance with section 64665, within 12 months of the date of the request, that demonstrates a lack of virus hazard in the watershed. (h) The Department's approval of alternative filtration technologies, including establishment of performance standards and monitoring requirements, shall be done in accordance with the permit process specified in sections 116525 through 116550 of the Health and Safety Code. (i) Within 60 days following the first full year of operation of a new alternative filtration treatment process approved by the Department, the supplier shall submit an engineering report prepared by a qualified engineer describing the effectiveness of the plant operation. The report shall include results of all water quality tests performed and shall evaluate compliance with established performance standards under actual operating conditions. It shall also include an assessment of problems experienced, corrective actions needed, and a schedule for providing needed improvements. Note: Authority cited: Sections 100275 and 116375, Health and Safety Code. Reference: Sections 116270, 116275, 116365, 116375, 116385, 116390, 116400, 116525, 116530, 116535, 116540, 116550, 116555, 116625 and 116735, Health and Safety Code. s 64654. Disinfection. (a) All approved surface water utilized by a supplier shall be provided with continuous disinfection treatment sufficient to insure that the total treatment process provides inactivation of Giardia cysts and viruses, in conjunction with the removals obtained through filtration, to meet the reduction requirements specified in section 64652(a). (b) Disinfection treatment shall comply with the following performance standards: (1) Water delivered to the distribution system shall not contain a disinfectant residual of less than 0.2 mg/l for more than four hours in any 24 hour period. (2) The residual disinfectant concentrations of samples collected from the distribution system shall be detectable in at least 95 percent of the samples taken each month, during each and every two consecutive months that the system serves water to the public, except as provided in subsection (c). At any sample point in the distribution system, the presence of heterotrophic plate count (HPC) at concentrations less than or equal to 500 colony forming units per milliliter shall be considered equivalent to a detectable disinfectant residual. (c) Paragraph (b)(2) shall not apply to suppliers serving fewer than 500 persons provided: (1) The system is in compliance with 17 CCR sections 7583 through 7605, and with 22 CCR sections 64566 and 64630; and (2) The supplier has no means for having a sample transported and analyzed for HPC by a certified laboratory under the appropriate time and temperature conditions and (3) the supplier is providing adequate disinfection in the distribution system. (d) No exemptions from the requirement in paragraph (b)(1) are permitted. Note: Authority cited: Sections 100275 and 116375, Health and Safety Code. Reference: Sections 116270, 116275, 116365, 116375, 116385, 116390, 116400, 116525, 116530, 116535, 116540, 116550, 116555, 116625, 116735 and 116750, Health and Safety Code. s 64655. Filtration. (a) Each supplier using an approved surface water source shall monitor the turbidity level of each raw water supply by the taking and analyzing of daily grab samples. (b) To determine compliance with the performance standards specified in section 64653, each supplier shall determine the turbidity level of representative samples of the combined filter effluent, prior to clearwell storage, at least once every four hours that the system is in operation, except as provided in subsection (d). Monitoring shall be conducted in accord with the operation plan required by section 64661. (c) Continuous turbidity measurements may be substituted for grab sample monitoring provided the supplier validates the accuracy of the measurements on a weekly basis. (d) Suppliers using slow sand filtration or serving 500 or fewer persons which are in compliance with performance standards specified in section 64653, may reduce turbidity monitoring to one grab sample per day. Note: Authority cited: Sections 100275 and 116375, Health and Safety Code. Reference: Sections 116270, 116275, 116365, 116375, 116385, 116390, 116400, 116525, 116530, 116535, 116540, 116550, 116555, 116625 and 116735, Health and Safety Code. s 64656. Disinfection. (a) To determine compliance with disinfection inactivation requirements specified in section 64654(a), each supplier shall develop and conduct a monitoring program to measure those parameters that affect the performance of the disinfection process. This shall include but not be limited to the temperature of the disinfected water, the pH(s) of the disinfected water if chlorine is used as a disinfectant, the disinfectant contact time(s) and the residual disinfectant concentration(s) before or at the first customer. The monitoring program shall be described in the operations plan required by section 64661. (b) To determine compliance with the performance standard specified in section 64654(b)(1), the disinfectant residual concentration of the water being delivered to the distribution system shall be measured and recorded continuously except as provided in subsection (f). (c) To determine compliance with section 64654(b)(2), the residual disinfectant concentration must be measured at least at the same points in the distribution system and at the same time as total coliforms are sampled in accordance with 22 CCR section 64421, and described in the operations plan required by section 64661, except as provided in subsection (d). (d) For suppliers that use both an approved surface water and a groundwater, the Department shall approve a request to take disinfectant residual samples at points other than those specified in subsection (c) provided the supplier demonstrates that such sampling points are representative of the disinfected approved surface water in the distribution system. (e) If there is a failure of continuous disinfectant residual monitoring equipment, grab sampling every four hours may be conducted in lieu of continuous monitoring, but for no more than five working days following the failure of the equipment. (f) Suppliers serving 3,300 or fewer persons may collect and analyze grab samples of disinfectant residual each day as shown below in lieu of the continuous monitoring specified in subsection (b), provided that any time the residual disinfectant falls below 0.2 mg/l, the supplier shall take a grab sample every four hours until the residual concentration is equal to or greater than 0.2 mg/l: System size by population Samples/day Less than or equal to 500 1 501 - 1,000 2 1,001 - 2,500 3 2,501 - 3,300 4 (g) Suppliers shall describe the location and frequency of sampling to comply with subsection (f) in the operations plan required by section 64661. Note: Authority cited: Sections 100275 and 116375, Health and Safety Code. Reference: Sections 116270, 116275, 116365, 116375, 116385, 116390, 116400, 116525, 116530, 116535, 116540, 116550, 116555, 116625 and 116735, Health and Safety Code. s 64658. New Treatment Plants. (a) Suppliers which propose to construct new filtration and disinfection treatment facilities or to modify or make additions to existing treatment facilities which require permit approval from the Department pursuant to Health and Safety Code sections 4011 through 4016 shall submit an engineering report to the Department describing how the proposed new treatment facilities will be designed to comply with the treatment, design, performance and reliability provisions required pursuant to this chapter. Modifications requiring permit approval include those that have a significant effect on plant performance, change the plant design rating or capacity, or change a major treatment process. (b) All new filtration and disinfection facilities shall be designed and constructed to comply with the following criteria: (1) Achieve an average daily effluent turbidity goal of 0.2 NTU when using conventional, direct, and diatomaceous earth filtration plants. (2) Be free of structural and sanitary hazards. (3) Protect against contamination by backflow. (4) Meet the capacity and pressure requirements prescribed in 22 CCR sections 64562 and 64566. (5) Provide flow measuring and recording equipment. (6) Take into consideration the effects of events such as earthquakes, fires, floods, freezing, and sabotage that are reasonably foreseeable. (7) Provide reasonable access for inspection, maintenance, and monitoring of all unit processes. (8) Provide for filter-to-waste for each filter unit or addition of coagulant chemicals to the water used for backwashing. (9) Provide backwash rates and surface or subsurface wash facilities using air, water or a combination thereof to clean the filter after use to its original condition. (10) Provide solids removal treatment for filter backwash water if it is recycled into the treatment process. Recycled backwash water shall be returned to the headworks of the treatment plant. (11) Provide for the future addition of pretreatment facilities in the design of direct filtration, slow sand, or diatomaceous earth filtration plants. (12) Provide disinfection equipment sized for the full range of flow conditions expected and capable of feeding accurately at all flow rates. (13) Provide for treatment plant operation without frequent shutdowns and startups or rapid changes in filtration rates. (c) Whenever a coagulation process is used, the process selection shall be based on pilot plant or laboratory scale (jar test) or equivalent results that demonstrate effectiveness of the coagulant chemicals over the full range of water quality conditions expected. Note: Authority cited: Sections 208 and 4023.3, Health and Safety Code. Reference: Sections 4010, 4010.1, 4011, 4012, 4013, 4014, 4016, 4023.1, 4023.3, 4024, 4025, 4026.4, 4031 and 4039, Health and Safety Code. s 64659. Reliability. (a) The following reliability features shall be included in the design and construction of all new and existing surface water treatment plants: (1) Alarm devices to provide warning of coagulation, filtration, and disinfection failures. All devices shall warn a person designated by the supplier as responsible for taking corrective action, or have provisions to shut the plant down until corrective action can be taken. (2) Standby replacement equipment available to assure continuous operation and control of unit processes for coagulation, filtration and disinfection. (3) A continuous turbidity monitoring and recording unit on the combined filter effluent prior to clearwell storage. (4) Multiple filter units which provide redundant capacity when filters are out of service for backwash or maintenance. (b) Alternatives to the requirements specified in section 64659(a) shall be accepted provided the water supplier demonstrates to the satisfaction of the Department that the proposed alternative will assure an equal degree of reliability. Note: Authority cited: Sections 208 and 4023.3, Health and Safety Code. Reference: Sections 4010, 4010.1, 4011, 4012, 4013, 4014, 4016, 4023.1, 4023.3, 4024, 4025, 4026.4, 4031 and 4039, Health and Safety Code. s 64660. Operating Criteria. (a) All treatment plants utilizing an approved surface water shall be operated by operators certified by the Department in accordance with Health and Safety Code section 106885. (b) Filtration facilities shall be operated in accordance with the following requirements: (1) Conventional and direct filtration plants shall be operated at flow rates not to exceed 3.0 gallons per minute per square foot (gpm/sq. ft.) for simple media filters and 6.0 gpm/sq. ft. for deep bed, dual or mixed media filters under gravity flow conditions. For pressure filters, filtration rates shall not exceed 2.0 gpm/sq. ft. for simple media filters and 3.0 gpm/sq. ft. for dual, mixed media, or deep bed filters. (2) Slow sand filters shall be operated at filtration rates not to exceed 0.10 gallon per minute per square foot. The filter bed shall not be dewatered except for cleaning and maintenance purposes. (3) Diatomaceous earth filters shall be operated at filtration rates not to exceed 1.0 gallon per minute per square foot. (4) In order to obtain approval for filtration rates higher than, but not more than twice, those specified in section 64660(b)(1), (b)(2), and (b)(3), a water supplier shall demonstrate to the Department that the filters can comply with the performance requirements of section 64653. (5) In order to obtain approval for filtration rates greater than twice those specified in paragraphs (b)(1), (b)(2), and (b)(3), a water supplier shall demonstrate to the Department that the filters do the following: (A) Provide a minimum of 99 percent Giardia cyst removal and 90 percent virus removal; and (B) Meet the turbidity performance standards established in section 64653(c). (6) Filtration rates shall be increased gradually when placing filters back into service following backwashing or any other interruption in the operation of the filter. (7) When any individual filter in a conventional or direct filtration plant is placed back into service following backwashing or other interruption event, the filtered water turbidity of the effluent from that filter shall not exceed any of the following: (A) 2.0 NTU at any time during the first four hours of filter operation following all interruption events. (B) 1.0 NTU at any time during the first four hours of filter operation following at least 90 percent of the interruption events during any consecutive 12 month period. (C) 0.5 NTU at the time that the filter has been in operation for 4 hours. (8) Pressure filters shall be physically inspected and evaluated annually for such factors as media condition, mudball formation, and short circuiting. A written record of the inspection shall be maintained at the treatment plant. (9) Coagulation and flocculation unit processes shall be in use at all times during which conventional and direct filtration treatment plants are in operation. The effectiveness of these processes shall be demonstrated by either at least an 80 percent reduction through the filters of the monthly average raw water turbidity or jar testing, pilot testing or other means to demonstrate that optimum coagulation is being achieved. (10) The filtered water turbidity level from each filter unit shall be monitored with a continuous turbidity meter and recorder, or with a grab sampling program designed to identify compliance with the requiremeents of paragraph (b)(7) and approved by the Department. If this monitoring indicates that any filter unit in a conventional or direct filtration plant is not performing as required in paragraph (b)(7), the filter shall be taken out of service and inspected to determine the cause of its inadequate performance. The filter unit shall not be returned to service until deficiencies have been corrected and operations tests demonstrate that the filter unit is meeting the requirements of paragraph (b)(7). (c) Disinfection facilities shall be operated in accordance with the following requirements: (1) A supply of chemicals necessary to provide continuous operation of disinfection facilities shall be maintained as a reserve or demonstrated to be available. (2) An emergency plan shall be developed prior to initiating operation of the disinfection facilities. The plan shall be implemented in the event of disinfection failure to prevent delivery to the distribution system of any undisinfected or inadequately disinfected water. The plan shall be posted in the treatment plant or other place readily accessible to the plant operator. Note: Authority cited: Sections 100275 and 116375, Health and Safety Code. Reference: Sections 116270, 116275, 116365, 116375, 116385, 116390, 116400, 116460, 116525, 116530, 116535, 116540, 116550, 116555, 116625, 116735 and 106885, Health and Safety Code. s 64661. Operations Plan. (a) With a permit application for a new treatment plant, suppliers shall submit for Department review and approval an operations plan for each treatment plant that treats an approved surface water. The Department shall review the operations plan to determine if it includes those items required in subsection (b). The operations plan shall be designed to produce the optimal water quality from the treatment process. The supplier shall operate its treatment plant in accordance with the approved plan. (b) The operations plan shall consist of a description of the utility's treatment plant performance monitoring program, unit process equipment maintenance program, operating personnel, including numbers of staff, certification levels and responsibilities; how and when each unit process is operated; laboratory procedures; procedures used to determine chemical dose rates; records; response to plant and watershed emergencies; and reliability features. Note: Authority cited: Sections 100275 and 116375, Health and Safety Code. Reference: Sections 116270, 116275, 116365, 116375, 116385, 116390, 116400, 116450, 116460, 116525, 116530, 116535, 116540, 116550, 116555, 116625 and 116735, Health and Safety Code. s 64662. Records. (a) The supplier shall maintain accurate and complete operation records for each treatment plant that treats an approved surface water. The records shall include but not be limited to the following: (1) The results of all monitoring conducted in accordance with sections 64655, 64656, and 64660. (2) Dates on which filter maintenance and inspections were performed and the results of any inspections including pressure filter evaluations required by section 64660(b)(7). (3) Quantity of water produced, plant flow rates, filtration rates, hours of operation, and backwash rates. (4) Dates and description of major equipment and process failures and corrective actions taken. (b) Treatment plant records shall be retained for not less than two years, except where the Department has determined that longer retention times are necessary to complete legal actions taken under the provisions of Health and Safety Code sections 4031 through 4038. Note: Authority cited: Sections 208 and 4023.3, Health and Safety Code. Reference: Sections 4010, 4010.1, 4011, 4012, 4013, 4014, 4016, 4017, 4023.1, 4023.3, 4024, 4025, 4026.4, 4028, 4031 and 4039, Health and Safety Code. s 64663. Department Notification. The supplier shall notify the Department as soon as possible, but no later than by the end of the next business day, or within 24 hours, whichever is less, by telephone or other equally rapid means whenever: (a) The turbidity of the combined filter effluent as monitored pursuant to section 64655 exceeds 5.0 NTU at any time. (b) More than two consecutive turbidity samples of the combined filter effluent taken every four hours pursuant to section 64655 exceed 1.0 NTU. (c) There is a failure to maintain a minimum disinfectant residual of 0.2 mg/l in the water being delivered to the distribution system. The supplier shall report whether or not the disinfectant residual was restored to at least 0.2 mg/l within four hours. (d) An event occurs which may affect the ability of the treatment plant to produce a safe, potable water including but not limited to spills of hazardous materials in the watershed and unit treatment process failures. (e) The turbidity immediately prior to the first or only point of disinfectant application exceeds 5 NTU for suppliers avoiding filtration. (f) The supplier discovers the occurrence of an acute infectious illness that may be potentially attributable to the water system. Note: Authority cited: Sections 100275, 116375 and 116450, Health and Safety Code. Reference: Sections 116270, 116275, 116365, 116375, 116385, 116390, 116400, 116450, 116460, 116525, 116530, 116535, 116540, 116550, 116555, 116625, 116735 and 116750, Health and Safety Code. s 64664. Monthly Report. (a) Each supplier with an approved surface water treatment facility shall submit a monthly report on the operation of each facility to the Department by the tenth day of the following month. The report shall be signed by the chief water treatment plant operator, plant superintendent or other person directly responsible for the operation of the water treatment plant. (b) The report shall include the following results of turbidity monitoring of the combined filter effluent: (1) All turbidity measurements taken during the month to determine compliance with section 64653. (2) The number and percent of turbidity measurements taken during the month which are less than or equal to the performance standard specified for each filtration technology in section 64653, or as required for an alternative treatment process. The report shall also include the date and value of any turbidity measurements that exceed performance levels specified in section 64653. (3) The average daily turbidity level. (4) If the turbidity level of the filter effluent from a slow sand filter is greater than 1.0 NTU in five percent or more of the measurements taken that month, the supplier must also report the dates and results of total coliform sampling of the filter effluent prior to disinfection to demonstrate compliance with section 64653(d)(1). (c) The report shall include the following disinfection monitoring results taken to comply with section 64654: (1) The date and duration of each instance when the disinfectant residual in water supplied to the distribution system is less than 0.2 mg/l and when the Department was notified of the occurrence. (2) The following information on samples taken from the distribution system to comply with section 64654(b)(2): (A) The number of samples where the disinfectant residual is measured. (B) The number of samples where only the heterotrophic plate count (HPC) is measured. (C) The number of measurements with no detectable disinfectant residual and no HPC is measured. (D) The number of measurements with no detectable disinfectant residual and HPC is greater than 500 colony forming units per milliliter. (E) The number of measurements where only HPC is measured and is greater than 500 colony forming units per milliliter. (F) For the current and previous month the supplier serves water to the public, the value of V in the following formula: Where V = the percent of distribution system samples with a detectable residual. A = the value in paragraph (2)(A) of this subsection. B = the value in paragraph (2)(B) of this subsection. C = the value in paragraph (2)(C) of this subsection. D = the value in paragraph (2)(D) of this subsection. E = the value in paragraph (2)(E) of this subsection. (3) For each day the lowest measurement of residual disinfectant concentration in mg/l in the water entering the distribution system. (d) The report shall include a written explanation of the cause of any violation of performance standards specified in sections 64653 and 64654 and operating criteria specified in sections 64660(b)(6) and (8). (e) The report shall include a summary of water quality complaints and reports of gastrointestinal illness received from consumers. Note: Authority cited: Sections 208, 4023.3, and 4028, Health and Safety Code. Reference: Sections 4010, 4010.1, 4011, 4012, 4013, 4014, 4016, 4017, 4023.1, 4023.3, 4024, 4025, 4026.4, 4031, and 4039, Health and Safety Code. s 64665. Watershed Requirements. (a) All suppliers shall have a sanitary survey of their watershed(s) completed at least every five years. The first survey shall be completed by January 1, 1996. (b) A report of the survey shall be submitted to the Department not later than 60 days following completion of the survey. (c) The survey and report shall include physical and hydrogeological description of the watershed, a summary of source water quality monitoring data, a description of activities and sources of contamination, a description of any significant changes that have occurred since the last survey which could affect the quality of the source water, a description of watershed control and management practices, an evaluation of the system's ability to meet requirements of this chapter, and recommendations for corrective actions. Note: Authority cited: Sections 208 and 4023.3, Health and Safety Code. Reference: Sections 4010, 4010.1, 4011, 4012, 4013, 4014, 4016, 4017, 4023.1, 4023.3, 4024, 4025, 4026.4, 4031, and 4039, Health and Safety Code. s 64666. Consumer Notification. (a) For water systems that filter approved surface water, the supplier shall notify persons served by the system whenever there is a failure to comply with the treatment requirements specified in sections 64652, 64653, and 64654(a) or performance standards specified in section 64653(c)(1), (d), (h), and section 64654(b). (b) For water systems that do not filter approved surface water, the supplier shall notify persons served by the system whenever: (1) There is a failure to comply with sections 64652.5(b) through (k), sections 64652 and 64654(a), or section 64654(b); (2) The turbidity level in a representative sample of the approved surface water immediately prior to the first or only point of disinfectant application exceeds 5 NTU; or (3) The unfiltered approved surface water has been identified as a source of waterborne microbial disease outbreak. (c) The notification required by either subsections (a) or (b) shall be given in accordance with sections 64463.1(a)(4) or 64463.4(a)(1), as required. (d) For water systems that filter approved surface water, the supplier shall notify persons served by the system whenever there is a failure to comply with the monitoring requirements specified in sections 64655 or 64656. The notification shall be given in accordance with section 64463.7. (e) For water systems that do not filter approved surface water, the supplier shall notify persons served by the system whenever there is a failure to comply with the monitoring requirements specified in sections 64652.5(b), (d), or (e), or 64656. The notification shall be given in accordance with section 64463.7. (f) If a supplier is unable to remove a source from service pursuant to section 64652.5(l), the supplier shall notify the Department immediately, and notify persons served by the system pursuant to section 64463.1. Note: Authority cited: Sections 100275, 116375 and 116450, Health and Safety Code. Reference: Sections 116270, 116275, 116365, 116375, 116385, 116390, 116400, 116450, 116460, 116525, 116530, 116535, 116540, 116550, 116555, 116625 and 116735, Health and Safety Code. s 64670. General Requirements. (a) Unless otherwise indicated, the requirements in this chapter apply to community water systems and nontransient-noncommunity water systems (hereinafter referred to as "water systems" or "systems"). (b) An action level exceedance shall not constitute a violation of this chapter. (c) Analyses for lead, copper, pH, conductivity, calcium, alkalinity, orthophosphate, silica, and temperature shall be conducted using the methods prescribed at 40 Code of Federal Regulations, Section 141.89 [Federal Register (FR) 56 (110), 26460-26564, June 7, 1991; amended July 15, 1991 (56 FR 32113), June 29, 1992 (57 FR 28786), June 30, 1994 (59 FR 33860), and January 12, 2000 (65 FR 1250)]. Field tests shall be performed by water treatment or distribution operators certified by the Department pursuant to Section 106875 of the Health and Safety Code or by personnel trained to perform these tests by the Department, a certified laboratory, or certified operator. (d) A new water system shall initiate compliance with this chapter within six months of distributing water to consumers. An existing system that changes size pursuant to the definitions in sections 64671.30, 64671.40 and 64671.70, shall initiate compliance with the requirements of this chapter applicable to the new size within six months. Note: Authority cited: Sections 100275, 116350, 116365 and 116375, Health and Safety Code. Reference: Sections 116325-116750, Health and Safety Code. s 64671.05. Action Level. "Action level", for the purpose of this chapter only, means the concentration of lead or copper in water that is used to determine the requirements of this chapter that a system shall meet. Note: Authority cited: Sections 100275, 116350, 116365 and 116375, Health and Safety Code. Reference: Sections 116325-116750, Health and Safety Code. s 64671.08. Action Level Exceedance. "Action level exceedance", for the purpose of this chapter only, means that the level of lead or copper is greater than the respective action level, as determined pursuant to section 64678(d) through (g). Note: Authority cited: Sections 100275, 116350, 116365 and 116375, Health and Safety Code. Reference: Sections 116325-116750, Health and Safety Code. s 64671.09. Corrosion Control Treatment or CCT. "Corrosion control treatment" or "CCT" means the corrosion control treatment that minimizes the lead and copper concentrations at users' taps without causing the water system to violate any primary drinking water standards. Note: Authority cited: Sections 100275, 116350, 116365 and 116375, Health and Safety Code. Reference: Sections 116325-116750, Health and Safety Code. s 64671.10. Corrosion Inhibitor. "Corrosion inhibitor" means a substance capable of reducing the corrosivity of water toward metal plumbing materials, especially lead and copper, by forming a protective film on the interior surface of those materials. Note: Authority cited: Sections 100275, 116350, 116365 and 116375, Health and Safety Code. Reference: Sections 116325-116750, Health and Safety Code. s 64671.15. Detection Limit for Purposes of Reporting or DLR. "Detection limit for purposes of reporting" or "DLR" means the designated minimum level at or above which any analytical finding of a contaminant in drinking water resulting from monitoring required under this chapter shall be reported to the Department. Note: Authority cited: Sections 100275, 116350, 116365 and 116375, Health and Safety Code. Reference: Sections 116325-116750, Health and Safety Code. s 64671.20. Effective Corrosion Inhibitor Residual. Note: Authority cited: Sections 100275, 116350, 116365 and 116375, Health and Safety Code. Reference: Sections 116300-116750, Health and Safety Code; and 40 Code of Federal Regulations 141.2. s 64671.25. First Draw Sample. Note: Authority cited: Sections 100275, 116350, 116365 and 116375, Health and Safety Code. Reference: Sections 116300-116750, Health and Safety Code; and 40 Code of Federal Regulations 141.2. s 64671.30. Large Water System. "Large water system", for the purpose of this chapter only, means a water system that serves more than 50,000 persons. Note: Authority cited: Sections 100275, 116350, 116365 and 116375, Health and Safety Code. Reference: Sections 116325-116750, Health and Safety Code. s 64671.35. Lead Service Line. "Lead service line" means a service line made of lead that connects the water main to the building inlet and any lead pigtail, gooseneck or other fitting which is connected to such lead line. Note: Authority cited: Sections 100275, 116350, 116365 and 116375, Health and Safety Code. Reference: Sections 116325-116750, Health and Safety Code. s 64671.40. Medium-Size Water System. "Medium-size water system", for the purpose of this chapter only, means a water system that serves greater than 3,300 and less than or equal to 50,000 persons. Note: Authority cited: Sections 100275, 116350, 116365 and 116375, Health and Safety Code. Reference: Sections 116325-116750, Health and Safety Code. s 64671.50. Optimal Corrosion Control Treatment. Note: Authority cited: Sections 100275, 116350, 116365 and 116375, Health and Safety Code. Reference: Sections 116300 through 116750, Health and Safety Code; and 40 Code of Federal Regulations 141.2. s 64671.55. Period. "Period", for the purpose of this chapter only, means a six-month monitoring timeframe. Note: Authority cited: Sections 100275, 116350, 116365 and 116375, Health and Safety Code. Reference: Sections 116325-116750, Health and Safety Code. s 64671.60. Service Line Sample. Note: Authority cited: Sections 100275, 116350, 116365 and 116375, Health and Safety Code. Reference: Sections 116300 through 116750, Health and Safety Code; and 40 Code of Federal Regulations 141.2. s 64671.65. Single-Family Structure. "Single-family structure" means a building constructed as a single-family residence that is currently used as either a residence or a place of business. Note: Authority cited: Sections 100275, 116350, 116365 and 116375, Health and Safety Code. Reference: Sections 116325-116750, Health and Safety Code. s 64671.70. Small Water System. "Small water system", for the purpose of this chapter only, means a water system that serves 3,300 persons or fewer. Note: Authority cited: Sections 100275, 116350, 116365 and 116375, Health and Safety Code. Reference: Sections 116325-116750, Health and Safety Code. s 64671.75. Tap Sampling. "Tap sampling" means sampling conducted pursuant to sections 64675 (General Requirements for Tap Sampling for Lead and Copper), 64675.5 (Tap Sampling Frequency), and 64677 (Sampling Collection Methods for Taps) at sites selected pursuant to section 64676 (Sampling Site Selection). Note: Authority cited: Sections 100275, 116350, 116365 and 116375, Health and Safety Code. Reference: Sections 116325-116750, Health and Safety Code. s 64671.80. Water Quality Parameter or WQP. "Water quality parameter" or "WQP", for the purposes of this chapter, means a characteristic or constitutent of water, or a water treatment chemical added to water to control corrosion. Note: Authority cited: Sections 100275, 116350, 116365 and 116375, Health and Safety Code. Reference: Sections 116325-116750, Health and Safety Code. s 64671.85. WQP Monitoring. "WQP monitoring" means sampling conducted pursuant to sections 64680 (General WQP Monitoring Requirements), 64681 (Initial WQP Monitoring), and 64682 (WQP Monitoring Requirements after CCT Installation). Note: Authority cited: Sections 100275, 116350, 116365 and 116375, Health and Safety Code. Reference: Sections 116325-116750, Health and Safety Code. s 64672. Analytical Methods and Detection Limits. Note: Authority cited: Sections 100275, 116350, 116365 and 116375, Health and Safety Code. Reference: Sections 116300 through 116750, Health and Safety Code; and 40 Code of Federal Regulations 141.89. s 64672.3. Determination of Compliance with Lead and Copper Action Levels. Note: Authority cited: Sections 100275, 116350, 116365 and 116375, Health and Safety Code. Reference: Sections 116300 through 116750, Health and Safety Code; and 40 Code of Federal Regulations 141.80(c). s 64672.6. Use of Information Developed Prior to December 1, 1995. Note: Authority cited: Sections 100275, 116350, 116365 and 116375, Health and Safety Code. Reference: Sections 116300 through 116750, Health and Safety Code; and 40 Code of Federal Regulations 141.81(d) and (e). s 64673. Small and Medium-Size Water System Requirements. (a) The requirements in this section are applicable to all small and medium-size water systems. (b) Each small and medium-size system shall conduct standard tap sampling for lead and copper pursuant to section 64675 (General Requirements for Tap Sampling for Lead and Copper). Tap sampling frequency may be reduced pursuant to section 64675.5 (Tap Sampling Frequency). (c) A small or medium-size system with an action level exceedance shall take the following steps: (1) Monitor WQPs beginning with the first period after the exceedance, pursuant to section 64681 (Initial WQP Monitoring). (2) Proceed with subparagraphs (A) through (E) if a corrosion control study is required by the Department based on a review of the system's water quality, distribution system, water treatment, and system features. If such a study is required, the Department will notify the system in writing within 12 months of the action level exceedance. (A) Complete the study, pursuant to section 64683 (Corrosion Control Study Procedure), within eighteen months of being notified of the requirement; the system will be notified of the Department's designation within six months of the study's completion; (B) Begin installation of the CCT designated by the Department, pursuant to section 64684 (CCT Installation and Operation), within twelve months of being notified of the Department's designation; (C) Complete CCT installation and begin operation within 24 months of the designation; (D) Complete two periods of standard tap sampling pursuant to section 64675 (General Requirements for Tap Sampling for Lead and Copper) and two periods of WQP monitoring pursuant to section 64682 (WQP Monitoring After CCT Installation) within 36 months of the designation; and (E) Monitor WQPs and operate in compliance with the WQP levels specified by the Department pursuant to section 64684 (CCT Installation and Operation), beginning no later than within 42 months of the designation. (3) If the Department does not require a corrosion control study, the system shall submit to the Department, within six months of the action level exceedance, a written recommendation for CCT. The Department may require the system to conduct additional WQP monitoring to assist in the review of the CCT recommendation. The Department will designate CCT and notify the system in writing within the following timeframes; the system shall then comply with paragraphs (2)(B) through (E): (A) For medium-size systems, within 12 months of the exceedance, and (B) For small-size systems, within 18 months of the exceedance; (4) Monitor source waters, pursuant to article 6 (Source Water Requirements for Action Level Exceedances) of this chapter; (d) A small or medium-size system with an action level exceedance for lead shall: (1) Complete a lead public education program, pursuant to article 7 (Public Education Program for Lead Action Level Exceedances) of this chapter; and (2) Replace lead service lines, pursuant to article 8 (Lead Service Line Requirements for Action Level Exceedances) of this chapter. (e) A small or medium-size system that is required to comply with subsections (c) or (d) may cease completing the steps whenever the system does not have an action level exceedance during each of two consecutive periods. If any such system thereafter has an exceedance during any period, the system shall: (1) Resume completion of the applicable steps, beginning with the first step that was not previously completed. The Department may require a system to repeat steps previously completed if the Department determines that this is necessary to implement the requirements of this section, based on a review of the system's data and treatment status. (2) Resume standard tap sampling pursuant to 64675 (General Requirements for Tap Sampling for Lead and Copper). (3) Conduct WQP monitoring during the period in which the system exceeded the action level, pursuant to section 64682, (WQP Monitoring After CCT Installation) or 64684 (CCT Installation and Operation). Note: Authority cited: Sections 100275, 116350, 116365 and 116375, Health and Safety Code. Reference: Sections 116325-116750, Health and Safety Code. s 64674. Large Water System Requirements. (a) The requirements in this section are applicable to all large water systems. (b) Each large system shall conduct standard tap sampling pursuant to section 64675 (General Requirements for Tap Sampling for Lead and Copper), and monitor for WQPs pursuant to section 64681 (Initial WQP Monitoring). Tap sampling frequency may be reduced pursuant to section 64675.5 (Tap Sampling Frequency). (c) Each large system shall complete a corrosion control study, pursuant to section 64683 (Corrosion Control Study Procedure), unless it can meet one of the following criteria: (1) The system submits the following documentation to the Department and the Department determines in writing that the system has optimized corrosion control based on its review of the submittal: (A) The results of all test samples collected for each of the WQPs in section 64683(a)(3) (Corrosion Control Study Procedure); (B) A report explaining the test methods used by the water system to evaluate corrosion control treatment alternatives pursuant to section 64683 (Corrosion Control Study Procedure), the results of all tests conducted, and the basis for the system's selection of CCT; (C) A report explaining how CCT has been installed and is being operated pursuant to section 64684 (CCT Installation and Operation); and (D) The results of tap sampling for lead and copper for two consecutive periods after corrosion control has been installed; or (2) The system demonstrates for two consecutive periods that the difference between the 90th percentile tap sampling lead level and the highest source water monitoring result for each period is less than the reporting level for purposes of reporting (DLR), pursuant to subsections 64678 (a), (b) and (c) (Determination of Exceedances of Lead and Copper Action Levels), or that the source water lead levels are below the method detection level of 0.001 mg/L and the 90th percentile lead level is equal to or less than the DLR for each period. In either case, the system shall also not have a copper action level exceedance. If such a system ceases to meet this criteria, it shall conduct a corrosion control study, pursuant to section 64683 (Corrosion Control Study Procedure) within eighteen months of not meeting the criteria, and proceed thereafter pursuant to subsection (e). (d) Each large system that conducts a corrosion control study will be notified of the Department's designation for CCT within 6 months of the study's completion and shall comply with the following timeframes: (1) Begin CCT installation within 12 months of being notified of the Department's designation for CCT. (2) Complete CCT installation within 24 months of the Department's designation. (3) Complete two periods of WQP monitoring and tap sampling for lead and copper within 36 months of the Department's designation. (4) Operate in compliance with the WQP levels specified by the Department pursuant to section 64684 (CCT Installation and Operation), beginning no later than within 42 months of the Department's designation. WQP tap monitoring may be reduced as follows: (A) Pursuant to section 64682(c) (WQP Monitoring After CCT Installation), if the system has no action level exceedance; or (B) To once every three years at the reduced number of sites pursuant to table 64680-A, if the system has 90th percentile levels that do not exceed 0.005 mg/L for lead and 0.65 mg/L for copper for two consecutive periods. (5) If source water treatment has been installed, conduct source sampling for lead and copper pursuant to section 64685 (Source Water Monitoring and Treatment Designation). (e) A large system with an action level exceedance for lead shall: (1) Monitor source waters, pursuant to article 6 (Source Water Requirements) of this chapter; (2) Complete a lead public education program, pursuant to article 7 (Public Education Program for Action Level Exceedances) of this chapter; and (3) Replace lead service lines, pursuant to article 8 (Lead Service Line Requirements) of this chapter. (f) A large system with an action level exceedance for copper shall monitor source waters pursuant to article 6 (Source Water Requirements) of this chapter. Note: Authority cited: Sections 100275, 116350, 116365 and 116375, Health and Safety Code. Reference: Sections 116325-116750, Health and Safety Code. s 64675. General Requirements for Tap Sampling for Lead and Copper. (a) During each period, each system shall conduct standard tap sampling by collecting one sample from the number of sites based on the number of people served specified in table 64675-A under Standard Tap Sampling. (b) During each period, each system conducting reduced tap sampling shall collect at least one sample from the number of sites based on the number of people served specified in table 64675-A under Reduced Tap Sampling, as follows: (1) The sites shall be representative of the sites required for standard tap sampling. (2) The samples shall be collected during the months of June, July, August, or September, unless the Department approves an alternate set of four months based on a review of the system's operations and lead and copper data, in which case the system shall initiate sampling during the alternate set of four months when directed in writing to do so by the Department, as follows: (A) No later than 21 months after the previous period, if sampling annually, or (B) No later than 45 months after the previous period, if sampling triennially. Table 64675-A Lead and Copper Tap Sampling Sites System Size Standard Tap Sampling Reduced Tap Sampling (Minimimum Number of Sites) >100,000 100 50 10,001 to 100,000 60 30 3,301 to 10,000 40 20 501 to 3,300 20 10 101 to 500 10 5 <101 5 5 (c) Sample sites shall be selected pursuant to section 64676 (Sample Site Selection). Note: Authority cited: Sections 100275, 116350, 116365, 116375 and 116385, Health and Safety Code. Reference: Sections 116325-116750, Health and Safety Code. s 64675.5. Tap Sampling Frequency. (a) A system shall conduct standard tap sampling for two consecutive periods; thereafter, tap sampling frequency may be reduced pursuant to section 64675 (General Requirements for Tap Sampling for Lead and Copper) as follows: (1) If a system has 90th percentile levels that do not exceed 0.005 mg/L for lead and 0.65 mg/L for copper for two consecutive periods, it may reduce the sampling to once every three years at the reduced number of sites; (2) For systems that do not meet the criteria in paragraph (1), after two consecutive periods with no action level exceedance, the frequency may be reduced to annually at the reduced number of sites, if the system receives written approval from the Department based on its review of the system's data. After sampling for three years (including the initial sampling year) with no action level exceedance, the frequency may be reduced to once every three years at the reduced number of sites, if the system receives written approval from the Department. (b) If a system demonstrates for two consecutive periods that the difference between the 90th percentile tap sampling lead level and the highest source water monitoring result for each period is less than the reporting level for purposes of reporting (DLR), pursuant to subsections 64678(a), (b), and (c) or that the source water lead levels are below the method detection level of 0.001 mg/L and the 90th percentile lead level is equal to or less than the DLR for each period, the system shall conduct tap sampling once every three years. Note: Authority cited: Sections 100275, 116350, 116365, 116375 and 116385, Health and Safety Code. Reference: Sections 116325-116750, Health and Safety Code. s 64676. Sample Site Selection. (a) Each system shall identify a pool of sampling sites that: (1) Is large enough to ensure that the water system can collect the number of lead and copper tap samples required in section 64675 (General Requirements for Tap Sampling for Lead and Copper); (2) Meets the criteria in subsections (c) or (d), as applicable; and (3) Does not include faucets that have point-of-use or point-of-entry treatment devices designed to remove inorganic contaminants. (b) Prior to identifying sampling sites, each system shall conduct an evaluation of its distribution system to determine the construction materials (lead, copper, and galvanized steel) exposed to the water. If necessary to ensure the sample site criteria is met, the system shall collect additional information during the course of its normal operations (e.g., checking service line materials when reading water meters, or performance maintenance activities) and from the following: (1) All plumbing codes, permits, and records in the files of the building department(s) that indicate the plumbing materials installed within publicly and privately owned structures connected to the distribution system; (2) All inspections and records of the distribution system that indicate the material composition of the service connections connecting a structure to the distribution system; and (3) All existing water quality information, which includes the results of prior analyses of the system or individual structures connected to the system, indicating locations that may be particularly susceptible to high lead or copper concentrations. (c) Each community water system shall: (1) Identify a sampling pool of "tier 1" sampling sites consisting of single-family structures except that, when multiple-family residences comprise at least 20 percent of the structures served by a water system, the system may include these types of structures as "tier 1" sites in its sampling pool. The "tier 1" sampling sites shall (A) Contain copper pipes with lead solder installed after 1982; or (B) Contain lead pipes; or (C) Be served by a lead service line. (2) If there is an insufficient number of "tier 1" sites, complete its sampling pool with "tier 2" sampling sites, consisting of buildings, including multiple-family residences that: (A) Contain copper pipes with lead solder installed after 1982; or (B) Contain lead pipes; or (C) Are served by a lead service line. (3) If there is an insufficient number of "tier 1" and "tier 2" sampling sites, complete its sampling pool with "tier 3" sampling sites, consisting of single-family structures that contain copper pipes with lead solder installed before 1983. A system with an insufficient number of tier 1, 2 and 3 sites shall complete its sampling pool with representative sites (i.e., plumbing materials commonly found at other sites) throughout the distribution system. (d) Each nontransient-noncommunity water system shall: (1) Identify a pool of "tier 1" sampling sites consisting of buildings that: (A) Contain copper pipes with lead solder installed after 1982; or (B) Contain lead pipes; or (C) Are served by a lead service line. (2) If there is an insufficient number of "tier 1" sites that meet the criteria in paragraph (1), complete its sampling pool with sites that contain copper pipes with lead solder installed before 1983. If additional sites are needed to complete the sampling pool, the system shall use representative sites (i.e., plumbing materials commonly found at other sites) throughout the distribution system. (e) Each system whose distribution system contains lead service lines shall draw 50 percent of the samples it collects during each period from sites that contain lead pipes, or copper pipes with lead solder, and 50 percent of the samples from sites served by a lead service line. A system that cannot identify a sufficient number of sites served by a lead service line shall collect first draw samples from all of the sites identified as being served by such lines. (f) A system that does not have enough taps that can provide first-draw samples shall submit written documentation to the Department identifying standing times and locations for enough non-first-draw samples to make up its sampling pool by the start of its next monitoring period. Note: Authority cited: Sections 100275, 116350, 116365, 116375 and 116385, Health and Safety Code. Reference: Sections 116325-116750, Health and Safety Code. s 64677. Sample Collection Methods for Taps. (a) All tap samples for lead and copper collected pursuant to this chapter, with the exception of lead service line samples collected under section 64689 (Lead Service Line Sampling) and samples collected under subsection (d), shall be first-draw samples, pursuant to subsection (b). (b) A first-draw sample shall be one liter in volume and have stood motionless in the plumbing system of each site for at least six hours, but not more than twelve. Samples from residential housing shall be collected from the cold-water kitchen tap or bathroom sink tap. Samples from a non-residential building shall be collected at an interior tap from which water is typically drawn for consumption. Samples may be collected by the system or the system may allow residents to collect tap samples after instructing the residents of the sampling procedures specified in this section. To avoid problems of residents handling nitric acid, acidification of samples may be done up to 14 days after collection. After acidification to resolubilize the metals, the sample shall stand in the original container for the time specified by the method used pursuant to section 64670(c) before it can be analyzed. If a system allows residents to perform sampling, the system may not challenge, based on alleged errors in sample collection, the accuracy of sampling results. (c) A system shall collect each tap sample from the same site from which it collected a sample during the previous period. If the system cannot gain entry to a site in order to collect a tap sample, it may collect the tap sample from another site in its sampling pool as long as the new site meets the same criteria, and is as close as possible to the original site. (d) A system that does not have enough taps to supply first-draw samples may apply to the Department in writing to substitute non-first-draw samples. Such systems shall collect as many first-draw samples as possible and identify sampling times and locations that would likely result in the longest standing time for the remaining sites. Note: Authority cited: Sections 100275, 116350, 116365, 116375 and 116385, Health and Safety Code. Reference: Sections 116325-116750, Health and Safety Code. s 64677.5. Sample Invalidation. (a) A lead or copper sample may be invalidated by the Department if at least one of the following conditions is met and documented in writing: (1) The laboratory establishes that improper sample analysis caused erroneous results; (2) The Department determines that the sample was taken from a site that did not meet the site selection criteria in section 64676 (Sample Site Selection); (3) The sample container was damaged in transit; (4) The Department determines the sample does not meet the requirements in section 64677 (Sample Collection Methods for Taps); or (5) There is substantial reason to believe that the sample was subject to tampering. (b) To apply for invalidation of one or more samples, a system shall report the results of all samples for the period to the Department, including written documentation to support the system's belief that one or more samples should be invalidated. (c) A sample invalidated pursuant to subsection (a) shall not count toward determining lead or copper 90th percentile levels or toward meeting any monitoring requirements in this chapter. (d) The system shall collect replacement samples for any invalidated samples if, after the invalidation of one or more samples, the system has too few samples to meet the monitoring requirements of this chapter. Replacement samples taken after the end of the applicable period shall not be used to meet the monitoring requirements of a subsequent period. Replacement samples shall be collected as follows: (1) As soon as possible, but no later than 20 days after the system receives notification from the Department that it has invalidated the sample, or by the end of the applicable period, whichever occurs later; and (2) At the same locations as the invalidated samples or, if that is not possible, at locations other than those already used for sampling during the monitoring period. Note: Authority cited: Sections 100275, 116350, 116365, 116375 and 116385, Health and Safety Code. Reference: Sections 116325-116750, Health and Safety Code. s 64678. Determination of Exceedances of Lead and Copper Action Levels. (a) The detection limits for purposes of reporting (DLRs) for lead and copper are as follows: Table 64678-A. DLRs for Lead and Copper Contaminant DLR (mg/L) Lead....... 0.005 Copper..... 0.050 (b) For purposes of determining the difference in concentration between the source water and the 90th percentile tap results, the following shall apply: (1) Analytical results for lead greater than or equal to 0.001 mg/L and less than 0.005 mg/L shall be as measured or 0.0025 mg/L, whichever is greater. (2) Analytical results for copper greater than or equal to 0.001 mg/L and less than 0.050 mg/L shall be as measured or 0.025 mg/L, whichever is greater. (3) Analytical results below 0.001 mg/L for lead and copper shall be considered zero. (c) Analytical results below the DLRs for lead and copper specified shall be reported as zero. (d) The lead action level is exceeded if the concentration of lead in more than 10 percent of the tap water samples collected during any period is greater than 0.015 mg/L (i.e., if the "90th percentile" lead level is greater than 0.015 mg/L). (e) The copper action level is exceeded if the concentration of copper in more than 10 percent of the tap water samples collected during any period is greater than 1.3 mg/L (i.e., if the "90th percentile" copper level is greater than 1.3 mg/L). (f) The 90th percentile lead and copper levels shall be computed as follows: (1) The results of all lead or copper samples collected during a period shall be placed in ascending order from the sample with the lowest concentration to the sample with the highest concentration. Each sampling result shall be assigned a number, ascending by single integers beginning with the number 1 for the sample with the lowest contaminant level. The number assigned to the sample with the highest contaminant level shall be equal to the total number of samples taken. (2) The number of samples taken during the period shall be multiplied by 0.9. (3) The contaminant concentration in the numbered sample identified by the calculation in paragraph (f)(2) is the 90th percentile contaminant level. (4) For water systems serving less than or equal to 100 people that collect 5 samples per period, the 90th percentile is computed by taking the average of the highest and second highest concentrations. (g) The results of any monitoring conducted in addition to the minimum requirements of this section shall be considered by the system and submitted to the department for making any determinations. Note: Authority cited: Sections 100275, 116350, 116365, 116375 and 116385, Health and Safety Code. Reference: Sections 116325-116750, Health and Safety Code. s 64678.5. Monitoring Waivers for Small Systems. (a) A small water system may apply to the Department for a waiver to reduce the tap sampling frequency for lead and copper to once every nine years, and shall continue tap sampling as required by this chapter until it receives written notification from the Department that the waiver has been approved. (b) A system that meets the following materials and monitoring criteria for both lead and copper will be granted a full waiver, while a system that meets both sets of criteria for only one of the chemicals will be granted a partial waiver that covers only that chemical. (1) To meet the materials criteria, a system shall provide certification and documentation that its distribution system and service lines and all drinking water supply plumbing, including plumbing conveying drinking water within all residences and buildings connected to the system, satisfy the following: (A) For lead, the system shall be free of the following lead-containing materials: 1. Plastic pipes that contain lead plasticizers, or plastic service lines that contain lead plasticizers; and 2. Lead service lines, lead pipes, lead soldered pipe joints, and leaded brass or bronze alloy fittings and fixtures, unless the utility can demonstrate to the Department that such fittings and fixtures will not leach lead into the drinking water. (B) For copper, the system shall be free of copper pipes and copper service lines. (2) To meet the monitoring criteria, the system shall have completed at least one period of standard tap sampling and demonstrate that the 90th percentile levels for all periods of tap sampling conducted since the system became free of all lead-containing and/or copper-containing materials, as appropriate, do not exceed the following: (A) For lead, 0.005 mg/L. (B) For copper, 0.65 mg/L. (c) If granted a waiver, the system shall (1) Comply with any requirements that the Department includes as conditions of the waiver, such as limited monitoring, periodic outreach to customers to remind them to avoid installation of materials that might void the waiver; (2) Conduct tap sampling at the reduced number of sites for one period every nine years for the chemical(s) for which the waiver has been granted; (3) Provide the materials certification specified in paragraph (b)(1) for the chemical(s) for which the waiver has been granted, along with the monitoring results; and (4) If the waiver was granted for only one chemical, continue to monitor pursuant to this chapter for the other chemical. (d) If the system continues to satisfy the requirements of subsections (b) and (c), the waiver will be renewed automatically, unless the Department notifies the system in writing that the waiver has been revoked and why. A system whose waiver has been revoked may re-apply for a waiver at such time as it again meets the appropriate materials and monitoring criteria in subsection (b) and (c). (e) If a system with a waiver adds a new source of water or changes any water treatment, the Department may require the system to add or modify waiver conditions (e.g., require recertification that the system is free of lead-containing and/or copper-containing materials, require additional tap sampling periods), if it deems such modifications are necessary to address treatment or source water changes at the system. (f) If a system with a waiver becomes aware that it is no longer free of lead-containing or copper-containing materials, it shall notify the Department in writing no later than 60 days after becoming aware of such a change. (g) If a system with a waiver that has been collecting samples during the months of June, July, August and September receives Department approval for an alternate set of months pursuant to section 64675(b)(2) (General Requirements for Tap Sampling for Lead and Copper), it shall conduct its next tap sampling before the waiver expires. Note: Authority cited: Sections 100275, 116350, 116365, 116375 and 116385, Health and Safety Code. Reference: Sections 116325-116750, Health and Safety Code. s 64679. Supplemental Monitoring. A water system with a lead action level exceedance shall offer to sample the tap water of any customer who requests it. The system is not required to pay for collecting or analyzing the sample. Note: Authority cited: Sections 100275, 116350, 116365, 116375 and 116385, Health and Safety Code. Reference: Sections 116325-116750, Health and Safety Code. s 64680. General WQP Monitoring Requirements. (a) WQP tap monitoring shall be: (1) Representative of water quality throughout the distribution system, by considering the number of persons served, the different sources of water and treatment methods employed, and seasonal variability; (2) Not restricted to sites targeted for lead and copper sampling; and (3) Include two samples for each applicable WQP during each period, from the standard number of sites, based on the number of persons served, specified in table 64680-A. Table 64680-A WQP Tap Monitoring Sites System Size Standard Tap Sampling Reduced Tap Sampling (Minimimum Number of Sites) >100,000 25 10 10,001 to 100,000 10 7 3,301 to 10,000 3 3 501 to 3,300 2 2 101 to 500 1 1 <101 1 1 (b) Initial WQP monitoring at the entry point(s) to the distribution system shall be two samples for each applicable WQP at each entry point from locations representative of each source after treatment. After the installation of CCT, only one sample is required at each entry point. If a system draws water from more than one source and the sources are combined before distribution, the system shall sample at each entry point during normal operating conditions. Note: Authority cited: Sections 100275, 116350, 116365, 116375 and 116385, Health and Safety Code. Reference: Sections 116325-116750, Health and Safety Code. s 64681. Initial WQP Monitoring. For initial WQP monitoring, each system shall monitor for the following WQPs, pursuant to section 64680 (General WQP Monitoring Requirements): (a) pH; (b) Alkalinity; (c) Orthophosphate, when an inhibitor containing a phosphate compound is used; (d) Silica, when an inhibitor containing a silicate compound is used; (e) Calcium; (f) Conductivity; and (g) Water temperature. Note: Authority cited: Sections 100275, 116350, 116365, 116375 and 116385, Health and Safety Code. Reference: Sections 116325-116750, Health and Safety Code. s 64682. WQP Monitoring After CCT Installation. (a) Each system that installs CCT shall monitor the following WQPs, pursuant to section 64680 (General WQP Monitoring Requirements), as applicable: (1) At taps: (A) pH; (B) Alkalinity; (C) Orthophosphate, when an inhibitor containing a phosphate compound is used; (D) Silica, when an inhibitor containing a silicate compound is used; (E) Calcium, when calcium carbonate stabilization is used as part of corrosion control. (2) At each entry point to the distribution system every two weeks as a minimum: (A) pH; (B) When alkalinity is adjusted as part of CCT, a reading of the dosage rate of the chemical used to adjust alkalinity, and the alkalinity concentration; and (C) When a corrosion inhibitor is used as part of CCT, a reading of the dosage rate of the inhibitor used, and the concentration of the active ingredient(s). (b) A ground water system may use entry points that are representative of water quality and treatment conditions throughout the system for the monitoring required in paragraph (a)(2) as follows: (1) If waters from untreated and treated groundwater sources mix, the system shall monitor entry points representative of each; (2) Prior to monitoring, the system shall submit written documentation to the Department identifying the sites and demonstrating that they are representative. (c) Subject to the Department's written approval, a system that has no action level exceedance and meets the Department-specified WQP values or ranges may reduce tap monitoring as follows: (1) After two consecutive periods during which it has met the WQP values or ranges, the system shall monitor each period at the reduced number of sites, pursuant to table 64680-A; (2) After three consecutive years (including the initial sampling year) during which it has met the WQP values or ranges, the system shall monitor annually at the reduced number of sites at evenly-spaced intervals throughout the year; and (3) After three consecutive years of annual monitoring during which the system meets the WQP values or ranges, the system shall monitor once every three years at the reduced number of sites at evenly-spaced intervals throughout the monitoring year. Note: Authority cited: Sections 100275, 116350, 116365, 116375 and 116385, Health and Safety Code. Reference: Sections 116325-116750, Health and Safety Code. s 64683. Corrosion Control Study Procedure. (a) Each system conducting a corrosion control study shall: (1) Evaluate the effectiveness of each of the following treatments, and, if appropriate, combinations of the following treatments to identify the CCT for that system: (A) Alkalinity and pH adjustment; (B) Calcium hardness adjustment; and (C) The addition of a corrosion inhibitor at a concentration sufficient to maintain an effective residual concentration throughout the distribution system. (2) Evaluate each of the corrosion control treatments using either pipe rig/loop tests, metal coupon tests, partial-system tests, or analyses based on documentation of such treatments from systems of similar size, water chemistry and distribution system configuration. (3) Measure the following WQPs in any tests conducted under this subsection before and after evaluating the corrosion control treatments listed above: (A) Lead; (B) Copper; (C) pH; (D) Alkalinity; (E) Calcium; (F) Conductivity; (G) Corrosion control inhibitor active ingredient (when an inhibitor is used); (H) Water temperature. (4) Identify all chemical or physical constraints that limit or prohibit the use of a particular corrosion control treatment and document such constraints with at least one of the following: (A) Data and documentation showing that a particular corrosion control treatment has adversely affected other water treatment processes when used by another water system with comparable water quality characteristics; and/or (B) Data and documentation demonstrating that the water system has previously attempted to evaluate a particular corrosion control treatment and has found that the treatment is ineffective or adversely affects other water quality treatment processes. (5) Evaluate the effect of the chemicals used for corrosion control treatment on other water treatment processes. (6) Recommend to the Department in writing the treatment option that the corrosion control studies indicate constitutes CCT for that system on the basis of an analysis of the data generated during each evaluation. The water system shall provide a rationale for its recommendation along with all supporting documentation specified in paragraphs (a)(1) through (5) of this section. (b) Based on the study conducted pursuant to subsection (a), and a system's recommended treatment alternative, the Department will either approve the corrosion control treatment option recommended by the system, or designate alternative corrosion control treatment(s) from among those listed in paragraph (a)(1) of this section, notify the system of its decision on CCT in writing and explain the basis for its determination. If the Department requests additional information to aid its review, the water system shall provide the information. Note: Authority cited: Sections 100275, 116350, 116365, 116375 and 116385, Health and Safety Code. Reference: Sections 116325-116750, Health and Safety Code. s 64684. CCT Installation and Operation. (a) Each system shall install and operate throughout its distribution system the CCT designated by the Department in subsection 64683(b) (Corrosion Control Studies) or paragraph 64673(c)(3) (Small and Medium-size Water System Requirements) and monitor WQPs pursuant to section 64682 (WQP Monitoring After CCT Installation). When the system completes its installation of CCT, it shall submit a letter to the Department certifying that it has done so. (b) After the system installs CCT, the Department will review the treatment and pre- and post-treatment tap sampling and WQP monitoring data and specify WQPs in writing within 42 months of its CCT designation as follows: (1) A minimum value or a range of values for pH measured at each entry point to the distribution system; (2) A minimum pH value of 7.0 or greater, measured in all tap samples, unless the Department determines that meeting a pH level of 7.0 is not technologically feasible or is not necessary for the system to optimize corrosion control; (3) If a corrosion inhibitor is used, a minimum concentration or a range of concentrations for the inhibitor, measured at each entry point to the distribution system and in all tap samples, that the Department determines is necessary to maintain a passivating film on the interior walls of the pipes of the distribution system; (4) If alkalinity is adjusted as part of CCT, a minimum concentration or a range of concentrations for alkalinity, measured at each entry point to the distribution system and in all tap samples; (5) If calcium carbonate stabilization is used as part of corrosion control, a minimum concentration or a range of concentrations for calcium, measured in all tap samples; and (6) Values for additional WQPs determined by the Department to reflect CCT for the system. (c) After the Department specifies WQP values and ranges, each system shall monitor pursuant to section 64680 (General WQP Monitoring Requirements) and maintain WQPs as specified by the Department. (d) A system shall be out of compliance with the WQP values and ranges specified by the Department pursuant to subsection (b) for any period during which it has excursions for more than nine days. (1) An excursion occurs when a "daily value" at one or more sample sites for one or more WQPs in a day is below the minimum value or outside the range of Department-specified WQPs. (2) A "daily value" for a WQP at a site is determined as follows: (A) If sampling is more than once a day by continuous monitoring, grab sampling or both, the daily value shall be the average of all the day's results at the sampling site. (B) If sampling is once a day, the daily value shall be the day's result. (C) If sampling is less than once a day, the daily value shall apply to the day that the water supplier receives the result from the laboratory or the 30th day after the sample is collected, whichever comes first. (3) When an excursion occurs, within 48 hours of being notified of the results of the initial sample(s), the system shall investigate the cause and collect a followup sample at each affected site for each WQP that did not meet the Department-specified values. The criteria in paragraphs (d)(1) and (2) shall be applied to the followup sample results to determine if another excursion has occurred. (e) A system conducting reduced WQP tap monitoring that fails to meet the Department-specified WQPs shall resume standard WQP tap monitoring pursuant to section 64680 (General WQP Monitoring Requirements). (f) The results of any monitoring conducted in addition to the minimum requirements of this section shall be considered by the system and submitted to the Department for making any determinations (i.e., determining concentrations of WQPs). (g) Upon its own initiative or in response to a request by a system, the Department may modify in writing its designation of CCT or its specified WQP values and ranges if it determines that modification is necessary to ensure that the system continues to maintain CCT. Any request shall be in writing, explain the reason for the requested modification, and include supporting documentation. Note: Authority cited: Sections 100275, 116350, 116365, 116375 and 116385, Health and Safety Code. Reference: Sections 116325-116750, Health and Safety Code. s 64685. Source Water Monitoring and Treatment Designation. (a) Within six months of an action level exceedance, a system shall: (1) Collect one lead and copper source water sample from each entry point to the distribution system that is representative of the source or combined sources and is collected after any treatment, if treatment is applied before distribution; (2) In writing, either recommend to the Department the installation and operation of a source water treatment (ion exchange, reverse osmosis, lime softening, or coagulation/filtration) or demonstrate that source water treatment is not needed to minimize lead and copper levels at users' taps; and (3) Submit any additional information requested by the Department to aid in its determination of whether source water treatment is necessary to minimize lead and copper levels in water delivered to users' taps. (b) The Department will make a determination regarding source water treatment within six months after submission of monitoring results under subsection (a). Note: Authority cited: Sections 100275, 116350, 116365, 116375 and 116385, Health and Safety Code. Reference: Sections 116325-116750, Health and Safety Code. s 64686. Requirements Subsequent to the Department's Designation. (a) If the Department determines that source water treatment is required pursuant to subsection 64685(b), the system shall comply with the following within the specified timeframes that begin with the Department's determination regarding source water treatment: (1) Install the treatment within 24 months and submit a letter to the Department certifying that installation has been completed; (2) Collect an additional source water sample from each entry point to the distribution system during two consecutive periods within 36 months; (3) Complete two consecutive periods of standard monitoring for lead and copper pursuant to section 64675 (General Requirements for Tap Sampling for Lead and Copper) within 36 months. (b) Within 6 months after the system installs source water treatment, based on its review of the data collected pursuant to subsection (a) and the contaminant removal capability of the installed treatment when properly operated, the Department will specify maximum permissible lead and copper levels for water entering the distribution system. The water system shall comply with these maximum permissible levels. (c) After the Department specifies maximum permissible levels or determines that source water treatment is not needed, the system shall conduct standard monitoring related to source water pursuant to table 64686-A, according to source water type. If approved by the Department based on a review of source water data, the system may reduce monitoring pursuant to table 64686-A. Table 64686-A. Standard and Reduced Monitoring Related to Source Water Surface water with or Type of monitoring Ground water without groundwater Standard monitoring 1 sample at each entry 1 sample at each entry point every 3 years, as point every year, as a minimum a minimum _________________________________________________________________________ Reduced monitoring, after 1 sample at each entry 1 sample at each entry 3 consecutive rounds of point every 9 years point every 9 years standard monitoring in compliance with maximum permissible levels. _________________________________________________________________________ (d) If a system does not have an action level exceedance for lead and/or copper during three consecutive years for groundwater or one year for surface water with or without groundwater, the system is not required to conduct sampling related to source water for the specific chemical. (e) If the results of sampling indicate an exceedance of the maximum permissible levels specified pursuant to subsection (b), one additional sample may be collected at the same sampling point as soon as possible within 14 days of the initial sample to confirm the result. If a confirmation sample is collected, then the average of the initial and confirmation sample results shall be used to determine compliance with the maximum permissible levels. (f) A water system that begins using a new water source shall reinitiate standard monitoring pursuant to subsection (c) and conduct three rounds of monitoring with the new source online before reducing the monitoring frequency. (g) Upon its own initiative or in response to a request by a system, the Department may modify its determination of the source water treatment, or maximum permissible lead and copper concentrations for treated source water. Any request shall be in writing, explain the reason for the requested modification, and include supporting documentation. Note: Authority cited: Sections 100275, 116350, 116365, 116375 and 116385, Health and Safety Code. Reference: Sections 116325-116750, Health and Safety Code. s 64687. Lead Public Education Program Content and Delivery. (a) Each system with a lead action level exceedance shall conduct a lead public education program that includes delivery of the following public education materials pursuant to subsection (d). Within 10 days after the period during which the program was required, the system shall submit a letter to the Department demonstrating that it has delivered the public education materials as required and include a list of all the newspapers, radio stations, television stations, facilities and organizations to which the system delivered the materials during the previous year. (1) Except as provided in subsection (b), a community water system shall include the following text in all of the printed materials it distributes through its lead public education program: (A) Introduction. The California Department of Health Services (DHS), the U.S. Environmental Protection Agency, and [insert name of water supplier] are concerned about lead in your drinking water. Although most homes have very low levels of lead in their drinking water, some homes in the community have lead levels above the state and federal action level of 15 parts per billion (ppb), or 0.015 milligrams of lead per liter of water (mg/L). Under state and federal law we are required to have a program in place to minimize lead in your drinking water by [insert date when corrosion control will be completed for your system]. This program includes corrosion control treatment, source water treatment, and public education. We are also required to replace the portion of each lead service line that we own if the line contributes lead concentrations of 15 ppb or more after we have completed the comprehensive treatment program. If you have any questions about how we are carrying out the requirements of the lead regulation please give us a call at [insert water system's phone number]. This brochure explains the simple steps you can take to protect you and your family by reducing your exposure to lead in drinking water. (B) Health Effects of Lead. Lead is a common metal found throughout the environment in lead-based paint, air, soil, household dust, food, certain types of pottery porcelain and pewter, and water. Lead can pose a significant risk to your health if too much of it enters your body. Lead builds up in the body over many years and can cause damage to the brain, red blood cells and kidneys. The greatest risk is to young children and pregnant women. Amounts of lead that won't hurt adults can slow down normal mental and physical development of growing bodies. In addition, a child at play often comes into contact with sources of lead contamination -- like dirt and dust -- that rarely affect an adult. It is important to wash children's hands and toys often, and to try to make sure they only put food in their mouths. (C) Lead In Drinking Water 1. Lead in drinking water, although rarely the sole cause of lead poisoning, can significantly increase a person's total lead exposure, particularly the exposure of infants who drink baby formulas and concentrated juices that are mixed with water. The U.S. Environmental Protection Agency estimates that drinking water can make up 20 percent or more of a person's total exposure to lead. 2. Lead is unusual among drinking water contaminants in that it seldom occurs naturally in water supplies like rivers and lakes. Lead enters drinking water primarily as a result of the corrosion, or wearing away, of materials containing lead in the water distribution system and household plumbing. These materials include lead-based solder used to join copper pipe, brass and chrome plated brass faucets, and in some cases, pipes made of lead that connect your house to the water main (service lines). In 1986, Congress banned the use of lead solder containing greater than 0.2% lead, and restricted the lead content of faucets, pipes and other plumbing materials to 8.0%. In California, a similar law prohibiting the use of both lead solder and lead pipe was enacted in 1985. 3. When water stands in lead pipes or plumbing systems containing lead for several hours or more, the lead may dissolve into your drinking water. This means the first water drawn from the tap in the morning, or later in the afternoon after returning from work or school, can contain fairly high levels of lead. (D) Steps You Can Take in the Home to Reduce Exposure to Lead in Drinking Water 1. Despite our best efforts mentioned earlier to control water corrosivity and remove lead from the water supply, lead levels in some homes or buildings can be high. To find out whether you need to take action in your own home, have your drinking water tested to determine if it contains excessive concentrations of lead. Testing the water is essential because you cannot see, taste, or smell lead in drinking water. Some local laboratories that can provide this service are listed at the end of this booklet. For more information on having your water tested, please call [insert phone number of water system]. 2. If a water test indicates that the drinking water drawn from a tap in your home contains lead above 15 ppb, then you should take the following precautions: A. Let the water run from the tap before using it for drinking or cooking any time the water in a faucet has gone unused for more than six hours. The longer water resides in your home's plumbing the more lead it may contain. Flushing the tap means running the cold water faucet until the water gets noticeably colder, usually about 15 to 30 seconds. If your house has a lead service line to the water main, you may have to flush the water for a longer time, perhaps one minute, before drinking. Although toilet flushing or showering flushes water through a portion of your home's plumbing system, you still need to flush the water in each faucet before using it for drinking or cooking. Flushing tap water is a simple and inexpensive measure you can take to protect your family's health. It usually uses less than one or two gallons of water and costs less than [insert a cost estimate based on flushing two times a day for 30 days] per month. To conserve water, fill a couple of bottles for drinking water after flushing the tap, and whenever possible use the first flush water to wash the dishes or water the plants. If you live in a high-rise building, letting the water flow before using it may not work to lessen your risk from lead. The plumbing systems have more, and sometimes larger pipes than smaller buildings. Ask your landlord for help in locating the source of the lead and for advice on reducing the lead level. B. Try not to cook with, or drink water from the hot water tap. Hot water can dissolve more lead more quickly than cold water. If you need hot water, draw water from the cold tap and heat it on the stove. C. Remove loose lead solder and debris from the plumbing materials installed in newly constructed homes, or homes in which the plumbing has recently been replaced, by removing the faucet strainers from all taps and running the water from 3 to 5 minutes. Thereafter, periodically remove the strainers and flush out any debris that has accumulated over time. D. If your copper pipes are joined with lead solder that has been installed illegally since it was banned in 1986, notify the plumber who did the work and request that he or she replace the lead solder with lead-free solder. Lead solder looks dull gray, and when scratched with a key looks shiny. In addition, notify the California Department of Health Services and your local environmental health department about the violation. E. Determine whether or not the service line that connects your home or apartment to the water main is made of lead. The best way to determine if your service line is made of lead is by either hiring a licensed plumber to inspect the line or by contacting the plumbing contractor who installed the line. You can identify the plumbing contractor by checking the record of building permits which should be maintained in the files of the [insert name of department that issues building permits]. A licensed plumber can at the same time check to see if your home's plumbing contains lead solder, lead pipes, or pipe fittings that contain lead. The public water system that delivers water to your home should also maintain records of the materials located in the distribution system. If the service line that connects your dwelling to the water main contributes more than 15 ppb to drinking water, after our comprehensive treatment program is in place, we are required to replace the portion of the line we own. If the line is only partially owned by the [insert name of the city, county, or water system that owns the line], we are required to provide the owner of the privately-owned portion of the service line with information on how to replace the privately-owned portion of the service line, and offer to replace that portion of the line at the owner's expense. If we replace only the portion of the line that we own, we also are required to notify you in advance and provide you with information on the steps you can take to minimize exposure to any temporary increase in lead levels that may result from the partial replacement, to take a follow-up sample at our expense from the line within 72 hours after the partial replacement, and to mail or otherwise provide you with the results of that sample within three business days of receiving the results. Acceptable replacement alternatives include copper, stainless steel, and plastic pipes. Partial replacement should avoid the creation of mixed piping systems and include the installation of approved dielectric couplings at all dissimilar metal interfaces. F. Have an electrician check your wiring. If grounding wires from the electrical system are attached to your pipes, corrosion may be greater. Check with a licensed electrician or your local electrical code to determine if your wiring can be grounded elsewhere. DO NOT attempt to change the wiring yourself because improper grounding can cause electrical shock and fire hazards. 3. The steps described above will reduce the lead concentrations in your drinking water. However, if a water test indicates that the drinking water coming from your tap contains lead concentrations in excess of 15 ppb after flushing, or after we have completed our actions to minimize lead levels, then you may want to take the following additional measures: A. Purchase or lease a home treatment device. Home treatment devices are limited in that each unit treats only the water that flows from the faucet to which it is connected, and all of the devices require periodic maintenance and replacement. Devices such as reverse osmosis systems or distillers can effectively remove lead from your drinking water. Since these treatments remove dissolved minerals, water treated by these devices will have a greater tendency to leach lead from brass faucets or fittings which the water contacts after treatment. Some activated carbon filters may reduce lead levels at the tap, however all lead reduction claims should be investigated. Be sure to check the actual performance of a specific home treatment device before and after installing the unit. The California Department of Health Services certifies the effectiveness of home treatment devices. Only devices certified by the California Department of Health Services to remove lead should be used for this purpose. B. Purchase bottled water for drinking and cooking. 4. You can consult a variety of sources for additional information. Your family doctor or pediatrician can perform a blood test for lead and provide you with information about the health effects of lead. State and local government agencies that can be contacted include: A. [insert the name of city or county department of public utilities] at [insert phone number] can provide you with information about your community's water supply, and a list of local laboratories that have been certified by the California Department of Health Services for testing water quality; B. [insert the name of city or county department that issues building permits] at [insert phone number] can provide you with information about building permit records that should contain the names of plumbing contractors that plumbed your home; and C. California Department of Health Services, Childhood Lead Poisoning Prevention Branch at [insert the phone number] or the [insert the name of the city or county health department] at [insert phone number] can provide you with information about the health effects of lead and how you can have your child's blood tested. 5. The following is a list of some state approved laboratories in your area that you can call to have your water tested for lead. [Insert names and phone numbers of at least two laboratories]. (2) Except as provided in subsection (b), a nontransient-noncommunity water system shall include either the text in paragraph (a)(1) or the following text, in all of the printed materials it distributes through its lead public education program. (A) Introduction. The California Department of Health Services, the United States Environmental Protection Agency (EPA) and [insert name of water supplier] are concerned about lead in your drinking water. Some drinking water samples taken from this facility have lead levels above the EPA action level of 15 parts per billion (ppb), or 0.015 milligrams of lead per liter of water (mg/L). Under Federal law we are required to have a program in place to minimize lead in your drinking water by [insert date when corrosion control will be completed for your system]. This program includes corrosion control treatment, source water treatment, and public education. We are also required to replace the portion of each lead service line that we own if the line contributes lead concentrations of more than 15 ppb after we have completed the comprehensive treatment program. If you have any questions about how we are carrying out the requirements of the lead regulation please give us a call at [insert water system's phone number]. This brochure explains the simple steps you can take to protect yourself by reducing your exposure to lead in drinking water. (B) Health Effects of Lead. Lead is found throughout the environment in lead-based paint, air, soil, household dust, food, certain types of pottery porcelain and pewter, and water. Lead can pose a significant risk to your health if too much of it enters your body. Lead builds up in the body over many years and can cause damage to the brain, red blood cells and kidneys. The greatest risk is to young children and pregnant women. Amounts of lead that won't hurt adults can slow down normal mental and physical development of growing bodies. In addition, a child at play often comes into contact with sources of lead contamination - like dirt and dust - that rarely affect an adult. It is important to wash children's hands and toys often, and to try to make sure they only put food in their mouths. 1. Lead in drinking water, although rarely the sole cause of lead poisoning, can significantly increase a person's total lead exposure, particularly the exposure of infants who drink baby formulas and concentrated juices that are mixed with water. The EPA estimates that drinking water can make up 20 percent or more of a person's total exposure to lead. 2. Lead is unusual among drinking water contaminants in that it seldom occurs naturally in water supplies like rivers and lakes. Lead enters drinking water primarily as a result of the corrosion, or wearing away, of materials containing lead in the water distribution system and household plumbing. These materials include lead-based solder used to join copper pipe, brass and chrome-plated brass faucets, and in some cases, pipes made of lead that connect houses and buildings to water mains (service lines). In 1986, Congress banned the use of lead solder containing greater than 0.2% lead, and restricted the lead content of faucets, pipes and other plumbing materials to 8.0%. 3. When water stands in lead pipes or plumbing systems containing lead for several hours or more, the lead may dissolve into your drinking water. This means the first water drawn from the tap in the morning, or later in the afternoon if the water has not been used all day, can contain fairly high levels of lead. (D) Steps You Can Take. Steps you can take to reduce exposure to lead in drinking water include: 1. Let the water run from the tap before using it for drinking or cooking any time the water in a faucet has gone unused for more than six hours. The longer water resides in plumbing the more lead it may contain. Flushing the tap means running the cold water faucet for about 15-30 seconds. Although toilet flushing or showering flushes water through a portion of the plumbing system, you still need to flush the water in each faucet before using it for drinking or cooking. Flushing tap water is a simple and inexpensive measure you can take to protect your health. It usually uses less than one gallon of water. 2. Do not cook with, or drink water from the hot water tap. Hot water can dissolve more lead more quickly than cold water. If you need hot water, draw water from the cold tap and then heat it. 3. The steps described above will reduce the lead concentrations in your drinking water. However, if you are still concerned, you may wish to use bottled water for drinking and cooking. 4. You can consult a variety of sources for additional information. Your family doctor or pediatrician can perform a blood test for lead and provide you with information about the health effects of lead. State and local government agencies that can be contacted include: A. [insert the name or title of facility official if appropriate] at [insert phone number] can provide you with information about your facility's water supply; and B. [insert the name or title of the State Department of Health Services] at [insert phone number] or the [insert the name of the city or county health department] at [insert phone number] can provide you with information about the health effects of lead. (b) Any additional information presented shall be consistent with the information in subsection (a) and be in plain language that can be understood by laypersons. A system may delete information pertaining to lead service lines, on approval by the Department, if the water system does not have any such lines. Building permit record availability and consumer access to these records may be modified, if approved by the Department. (c) The system shall include the following information in all public service announcements submitted under its lead public education program to television and radio stations for broadcasting: (1) Why should everyone want to know the facts about lead and drinking water? Because unhealthy amounts of lead can enter drinking water through the plumbing in your home. That's why I urge you to do what I did. I had my water tested for [insert free or cost per sample]. You can contact the [insert the name of the city or water system] for information on testing and on simple ways to reduce your exposure to lead in drinking water. (2) To have your water tested for lead, or to get more information about this public health concern, please call [insert the phone number of the city or water system]. (d) The system shall conduct the lead public education program as follows: (1) In communities where a significant proportion of the population speaks a language other than English, public education materials shall be communicated in the appropriate language(s). (2) Within 60 days after it has a lead action level exceedance, unless it is already conducting a lead public education program, a community water system shall: (A) Insert notices in each customer's water utility bill containing the information in paragraph (a)(1), along with the following alert on the water bill itself in large print: SOME HOMES IN THIS COMMUNITY HAVE ELEVATED LEAD LEVELS IN THEIR DRINKING WATER. LEAD CAN POSE A SIGNIFICANT RISK TO YOUR HEALTH. PLEASE READ THE ENCLOSED NOTICE FOR FURTHER INFORMATION. A community water system with a billing cycle that does not include a billing within 60 days of the exceedance, or that cannot insert information in the bill without making major changes to its billing system, may use a separate mailing as long as it is conducted within 60 days of the exceedance. (B) Submit the information in paragraph (a)(1) to the editorial departments of the major daily and weekly newspapers circulated throughout the community. (C) Deliver pamphlets and/or brochures that contain the public education materials in subparagraphs (a)(1)(B) and (D) to facilities and organizations, including the following: 1. Public schools and/or local school boards; 2. City or county health department; 3. Women, Infants, and Children and/or Head Start Program(s) whenever available; 4. Public and private hospitals and/or clinics; 5. Pediatricians; 6. Family planning clinics; and 7. Local welfare agencies. (D) Submit the public service announcement in subsection (c) to at least five of the radio and television stations with the largest audiences that broadcast to the community served by the system. (3) A community system shall repeat the tasks in subparagraphs (d)(2)(A),(B) and (C) every 12 months, and the tasks in subparagraph (d)(2)(D) every 6 months for as long as the system has a lead action level exceedance. (4) Within 60 days after it has a lead action level exceedance, unless it is already conducting a lead public education program, a nontransient-noncommunity system shall deliver the public education materials in paragraphs (a)(1) or (a)(2) as follows: (A) Post informational posters on lead in drinking water in a public place or common area in each of the buildings served by the system; and (B) Distribute informational pamphlets and/or brochures on lead in drinking water to each person served by the system. The Department may allow the system to utilize electronic transmission in lieu of or combined with printed materials as long as it achieves at least the same coverage. (5) A nontransient-noncommunity system shall repeat the tasks in paragraph (4) at least once during each calendar year in which the system has a lead action level exceedance. (6) A system may discontinue the lead public education program if it does not have a lead action level exceedance during the most recent period. The system shall recommence the program pursuant to this section if it subsequently has a lead action level exceedance. (7) A community water system may apply to the Department, in writing, to use the text in paragraph (a)(2) in lieu of the text in paragraph (a)(1) and to perform the tasks listed in paragraphs (d)(4) and (c)(5) of this section in lieu of the tasks in paragraphs (d)(2) and (d)(3) of this section if: (A) The system is a facility, such as a prison or a hospital, where the population served is not capable of or is prevented from making improvements to plumbing or installing point of use treatment devices; and (B) The system provides water as part of the cost of services provided and does not separately charge for water consumption. (8) A community water system serving 3,300 or fewer people may omit the task contained in subparagraph (d)(2)(D). As long as it distributes notices containing the information contained in paragraph (a)(1) of this section to every household served by the system, such systems may further limit their public education programs as follows: (A) Systems serving 500 or fewer people may forego the task contained in subparagraph (d)(2)(B). Such a system may limit the distribution of the public education materials required under subparagraph (d)(2)(C) to facilities and organizations served by the system that are most likely to be visited regularly by pregnant women and children, unless notified by the Department in writing that it shall make a broader distribution. (B) If approved by the Department in writing, a system serving 501 to 3,300 people may omit the task in subparagraph (d)(2)(B) and/or limit the distribution of the public education materials required under subparagraph (d)(2)(C) to facilities and organizations served by the system that are most likely to be visited regularly by pregnant women and children. (9) A community water system serving 3,300 or fewer people that delivers the lead public education in accordance with paragraph (d)(8)(A) of this section shall repeat these requirements at least once during each calendar year in which the system exceeds the lead action level. Note: Authority cited: Sections 100275, 116350, 116365 and 116375, Health and Safety Code. Reference: Sections 116325-116750, Health and Safety Code. s 64688. Lead Service Line Replacement. (a) A system shall replace lead service lines if: (1) It has a lead action level exceedance in tap samples after installing corrosion control and/or source water treatment (whichever sampling occurs later) and/or (2) It is in violation for failure to install source water treatment or CCT. (b) Within 6 months after it has a lead action level exceedance, the system shall demonstrate in writing that it has conducted a materials evaluation including that in section 64676 (Sample Site Selection) to identify the initial number of lead service lines in its distribution system, and shall submit both the demonstration and a schedule for complying with subsection (c) to the Department. (c) Except as provided in subsection (e), a system that is required to conduct lead service line replacement shall annually replace at least 7 percent of the initial number of lead service lines in its distribution system, pursuant to the following. (1) At the time the lead service line replacement begins, the system shall identify the initial number of lead service lines in its distribution system based on the evaluation in section 64676 (Sample Site Selection). (2) The first year of lead service line replacement shall begin on the date the system first had a lead action level exceedance subsequent to its installation of CCT and, if required pursuant to section 64686, source water treatment. (3) The system is not required to replace an individual lead service line if the lead concentration in each and every service line sample from that line, taken pursuant to the section 64687 (Lead Service Line Sampling), is less than or equal to 0.015 mg/L. (4) The system shall replace that portion of the lead service line that it owns and keep ownership documentation in its files and offer to replace the building owner's portion of the line with the cost being borne by the building owner. If the building owner does not accept the offer, the system shall: (A) At least 45 days prior to commencing the partial replacement, notify the resident(s) of all buildings served by the line that they may experience a temporary increase of lead levels in their drinking water, along with guidance on measures they may take to minimize their exposure. If the replacement is in conjunction with emergency repairs, the Department will allow a shorter notice, depending on the nature of the emergency and the timing involved. The notice shall be mailed unless an alternate method is approved by the Department, based on the feasibility of insuring that all consumers receive the notice; and (B) Inform the resident(s) that the system will collect a first flush tap water sample within 72 hours after the partial replacement of the service line has been completed if the resident(s) so desire. If the resident(s) accept the offer, the system shall collect the sample and report the results to the resident(s) and the owner within three business days of receiving the results and to the Department. (d) Within 12 months after the lead action level exceedance, and every 12 months thereafter, the system shall submit in writing to the Department the number of lead service lines scheduled to be replaced during the previous year of the system's replacement schedule, along with the following information to the Department: (1) The number and location of each lead service line replaced during the previous year of the system's replacement schedule to demonstrate that it has replaced at least 7 percent of the initial lead service lines within the previous 12 months, or a greater number of lines if required by the Department; or (2) Lead service line sampling results that demonstrate that the lead level from an individual line(s) is less than or equal to 0.015 mg/L, pursuant to section 64689 (Lead Service Line Sampling). The system shall submit the results of the lead service line sampling including the lead levels, location of each lead service line sampled, the sampling method, and the date of sampling. It shall also include the number and location of each lead service line replaced during the previous year. In such cases, the total number of lines replaced and/or that meet the criteria shall equal at least 7 percent of the initial number of lead lines identified or the percentage required by the Department. (e) A system shall replace lead service lines at a faster rate than that required by subsection (b), taking into account the number of lead service lines in the system, if the Department determines either that this is necessary based on elevated blood lead levels in the population served, or that it is feasible to complete the lead service line replacement program in a shorter time without increasing the water rates to the customers. (f) A system may cease replacing lead service lines when it has two consecutive periods without a lead action level exceedance. If the system has a lead action level exceedance during any subsequent period, it shall recommence replacing lead service lines. Note: Authority cited: Sections 100275, 116350, 116365, 116375 and 116385, Health and Safety Code. Reference: Sections 116325-116750, Health and Safety Code. s 64689. Lead Service Line Sampling. (a) Each lead service line sample shall be one liter in volume and have stood motionless in the lead service line for at least six hours, but not more than twelve. (b) Lead service line samples shall be collected in one of the following three ways: (1) At the tap after flushing the volume of water between the tap and the lead service line. The volume of water to be flushed shall be calculated based on the interior diameter and length of the pipe between the tap and the lead service line; (2) Tapping directly into the lead service line; or (3) If the sampling site is a building constructed as a single-family residence, allowing the water to run until there is a change in temperature that would be indicative of water that has been standing in the lead service line. Note: Authority cited: Sections 100275, 116350, 116365, 116375 and 116385, Health and Safety Code. Reference: Sections 116325-116750, Health and Safety Code. s 64690. Source Water Monitoring Frequency Requirements. Note: Authority cited: Sections 100275, 116350, 116365, 116375 and 116385, Health and Safety Code. Reference: Sections 116300 through 116750, Health and Safety Code; and 40 Code of Federal Regulations 141.88(b through e). s 64690.10. Data Reporting. Each system shall report the following within the first 10 days after the end of each period during which such sampling or monitoring was conducted: (a) For lead and copper tap sampling: (1) The results of all tap samples including the location of each site and the associated tier criteria from section 64676 (Sample Site Selection); (2) The 90th percentile lead and copper concentrations calculated pursuant to section 64678 (Determination of Exceedances of Lead and Copper Action Levels); and (3) With the exception of the first period of tap sampling, an identification of any site that was not sampled during previous periods, along with an explanation of why the sampling site was changed; (b) For WQP monitoring, the results of all samples collected and analyzed pursuant to article 4 (WQP Monitoring) of this chapter; (c) For source water monitoring: (1) The results for all samples related to source water collected and analyzed under article 6 (Source Water Requirements for Action Level Exceedances) of this chapter; and (2) With the exception of the first round of sampling related to source water, an identification of any site that was not sampled during previous periods along with an explanation of why the sampling point was changed; and (d) The results for any samples collected and analyzed for lead and copper or WQPs in addition to those required by this chapter. Note: Authority cited: Sections 100275, 116350, 116365 and 116375, Health and Safety Code. Reference: Sections 116325-116750, Health and Safety Code. s 64690.80. Recordkeeping. Any system subject to the requirements of this chapter shall retain on its premises original records of all sampling data and analyses, reports, surveys, letters, evaluations, schedules, Department determinations, and any other information required by this chapter. Each water system shall retain the records required by this section for no fewer than 12 years or two compliance cycles (as defined in Section 64400.20), whichever is longer. Note: Authority cited: Sections 100275, 116350, 116365 and 116375, Health and Safety Code. Reference: Sections 116325-116750, Health and Safety Code. s 64691. Reporting Requirements. Note: Authority cited: Sections 100275, 116350, 116365 and 116375, Health and Safety Code. Reference: Sections 116300 through 116750, Health and Safety Code; and 40 Code of Federal Regulations 141.90. s 64692. Recordkeeping Requirements. Note: Authority cited: Sections 100275, 116350, 116365 and 116375, Health and Safety Code. Reference: Sections 116300 through 116750, Health and Safety Code; and 40 Code of Federal Regulations 141.91. s 64700. Direct Additives. (a) No chemical or product shall be added to drinking water by a water supplier as part of the treatment process after January 1, 1994 unless the chemical or product has been tested and certified as meeting the specifications of American National Standard Institute/National Sanitation Foundation Standard 60, ANSI/NSF 60, as amended October, 1988 (Drinking Water Treatment Chemicals - Health Effects). This requirement shall be met under testing conducted by a product certification organization accredited for this purpose by the American National Standards Institute. (b) Any contract for the purchase of chemicals or products which was signed by a public water system and which was effective prior to January 1, 1994 shall be exempt from the provisions of subsection (a) until January 1, 1995. Note: Authority cited: Section 4023.3, Health and Safety Code. Reference: Section 4021, Health and Safety Code. s 64710. Exception. A water supplier may use a chemical, material or product that has not been certified pursuant to Section 64700 or Section 64705 if the chemical, material or product is in the process of being tested and certified and there are no certified alternatives. Prior to use of an uncertified chemical, material or product, the water supplier shall provide the Department with an explanation of the need for the chemical, material or product; the date that the chemical, material or product was submitted for testing; the name of the accredited product certification organization conducting the testing; and a statement that certified alternatives are not available. Note: Authority cited: Section 4023.3, Health and Safety Code. Reference: Section 4021, Health and Safety Code. s 64801. Definitions. (a) "Alternate Test Procedure" means an analytical test method, or procedure that is different in technic from the method(s) cited in Section 64811(a), (b), or (c), but detects and quantifies to the same degree of precision, accuracy, and level of detection. (b) "Auxiliary Laboratory Facility" means any stationary place which: (1) is operated by the owner of a laboratory for the purpose of providing additional capacity, or to reduce or eliminate sample contamination; and (2) performs analyses in one or more of the same Field(s) of Testing as the laboratory to which it is auxiliary; and (3) is under the supervision of the same Laboratory Director as the laboratory to which it is auxiliary; and (4) only receives samples from, and reports raw analytical data to, the laboratory to which it is auxiliary for its generation of the final report; and (5) is located such that the transport of samples to the auxiliary laboratory does not affect the quality of the analytical results. (c) "A Complete Application" means a verified application for certification containing all the information required in Section 64805(a) or (b), and utilizing ELAP form 001 (dated 1/1/93). (d) "Contact Person" means an individual designated by the Laboratory Director to act as a contact between the laboratory and the Department for purposes of exchanging information between the Department and the laboratory. (e) "Laboratory" shall have the same meaning as given in Health and Safety Code Section 1010(c)(2). (f) "Laboratory Director" means the person who, for the laboratory and its auxiliary or mobile laboratories, if any, is in charge of all analytical and operational laboratory activities; supervises all personnel, including those designated as Principal Analysts; and is the person responsible for the quality of reported data. (g) "Facility or Facilities" means fixed or portable building(s), which contain the analytical and ancillary operating equipment, supplies and space necessary to perform the analyses in the Field(s) of Testing for which a laboratory is certified, and includes storage areas. (h) "Mobile Laboratory" means a vehicle, vessel, aircraft, or trailer, which is certified under Field of Testing 23, and is operated by the same owner as a certified stationary laboratory, and which is designed and equipped for the purpose of transporting and using laboratory equipment to perform analyses in one of the Fields of Testing for which the stationary laboratory is certified. (i) "Owner" means any person who is a sole proprietor of a laboratory, or any person who holds a partnership interest in a laboratory, or any person who is an officer, or 5% (five percent) or more shareholder in a corporation which owns a laboratory. (j) "Owner's Agent" or "Agents of Owners" means those persons who have been designated by the Owner(s) of the laboratory to act in its behalf for purposes of complying with these regulations or the statutes under which these regulations are adopted. (k) "Principal Analyst" means a person who either supervises the activities of others in, or conducts, the analyses of environmental samples using sophisticated laboratory instruments. For these purposes, "sophisticated laboratory instruments" means: gas chromatograph/mass spectrometers (GC/MS), inductively coupled plasma spectrometers (ICP), direct current plasma spectrometers (ICP-MS), liquid chromatograph/mass spectrometers (LC-MS), atomic absorption spectrophotometers (AA), gas chromatographs (GC), alpha particle or gamma ray spectrophotometer, electron microscopes (EM), polarized light microscope (PLM), or high pressure liquid chromatographs (HPLC). ( l) "Stationary Laboratory" means a laboratory that is permanent and nonmovable and may include fixed-in-place vehicles. (m) "Trade Secret" means any information that meets the definition in Section 6254.7(d) of the Government Code. (n) "Trailer" means a vehicle designed for carrying persons or property on its own structure and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon any other vehicle. This definition is the same as the definition given in Section 630, Vehicle Code. (o) "Utility-Owned" means laboratories owned and operated by federal, state, city, or county agencies. (p) "Vehicle" means a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or track. This definition is the same as the definition as given in Section 670, Vehicle Code. (q) "Verified Application" means that the truth and accuracy of the information in the application has been attested to by the signature of a laboratory Owner. (r) "Vessel" includes ships of all kinds, steamboats, steamships, canal boats, barges, sailing vessels, and every structure adapted to be navigated from place to place for the transportation of merchandise or persons. This definition is the same as given in Section 21, Harbors and Navigation Code. Note: Authority cited: Sections 208. 1011 and 1012, Health and Safety Code. Reference: Sections 1010, 1014 and 1017, Health and Safety Code; Section 6254.7(d), Government Code; Sections 630 and 670, Vehicle Code; Section 21, Harbors and Navigation Code. s 64803. Certification and Amendment. (a) A laboratory and its auxiliary or mobile laboratories shall be certified for a 24 month period in the Subgroups within each Field of Testing applied for when all the following have occurred: (1) a complete application has been filed with the Department pursuant to Section 64805; and (2) a site visit pursuant to Section 64807 has occurred and a response to any cited deficiencies has been received and accepted by the Department; and (3) acceptable results for performance evaluation sample study sets have been received by the Department pursuant to Section 64809; and (4) payment of the basic fee and per-Field-of-Testing fees published by the Department pursuant to Health and Safety Code, Section 113 and 1017(a) has been made to the Department. (b) A laboratory desiring to add or remove one or more Subgroups within a Field(s) of Testing from its current certificate shall file a written request detailing the Field(s) of Testing or Subgroup(s) to be added or removed. Additions, which shall be effective for the remainder of the certification period, shall be made, and an amended certificate issued, when all of the following have occurred: (1) a complete application has been filed with the Department pursuant to Section 64805; and (2) a site visit pursuant to Section 64807 has occurred and a response to any cited deficiencies has been received and accepted by the Department; and (3) acceptable results for performance evaluation samples have been received by the Department pursuant to Section 64809; and (4) payment for a per-Field-of-Testing fee published by the Department pursuant to Health and Safety Code, Sections 113 and 1017(a) for each Field of Testing to be added to the certificate has been made to the Department. (c) Whenever there is an amendment to a certificate, the certificate number and the expiration date on the amended certificate shall be the same as the original certificate. (d) Laboratories seeking an amendment to add one or more Subgroups within a Field(s) of Testing shall not perform analyses in the additional Field(s) of Testing, or Subgroup(s) of Field(s) of Testing, until approved by the Department as evidenced by the issuance of an amended certificate. (e) Laboratories seeking removal of one or more Subgroups within a Field(s) of Testing shall not perform analyses in the Field of Testing, or Subgroup, after the date of its written request for removal. (f) A laboratory desiring interim certification under authority of Health and Safety Code, Section 1015(d) shall file a written request for interim certification with its application. An interim certificate shall be issued after payment of the basic and per-Field-of-Testing fee published by the Department pursuant to Health and Safety Code, Section 113 and 1017(a) for each Field of Testing applied for, completion of the requirements of either Section 64807 or 64809, and after the Department has determined that the laboratory has submitted a complete application. In cases where reciprocity agreements exist, compliance with Section 64807 shall be based on a site visit report issued by the other government agency and conducted within 6 months prior to the request for interim certification. (g) The Department's estimated schedule for processing a complete application for certification from the receipt of the complete application to the final decision regarding issuance or denial of a certificate is as follows: (1) The median time is 6 months; (2) The minimum time is 3 months; (3) The maximum time is 12 months. Note: Authority cited: Sections 208, 1011 and 1012, Health and Safety Code; and Section 15376, Government Code. Reference: Section 15376, Government Code; and Sections 113, 1012, 1013, 1014 and 1015, Health and Safety Code. s 64805. Application. (a) All laboratories seeking certification in any Subgroup as identified in Section 64823 within Field(s) of Testing 1 through 22, as listed in Health and Safety Code, Section 1017, shall file a complete application utilizing ELAP form 001, dated January 1, 1993, and containing the following information: (1) complete name of the laboratory; and (2) if the laboratory is stationary, the location, by street address, or map directions (if no street address exists), city, state, zip code, and county of the laboratory and any auxiliary laboratories; and (3) if the laboratory is owned by a holder of a waste discharge permit issued by a California Regional Water Quality Control Board, the name or number of the Regional Board issuing the permit; and (4) mailing address, parcel or package delivery address of the laboratory and any auxiliary laboratories; and (5) if the laboratory is a vehicle or trailer, the vehicle identification and license plate number, including state of issue, or if the laboratory is a vessel, the vessel identification number, vessel registration number, including state of issue, or if the laboratory is an aircraft, the aircraft identification number, aircraft registration number, including state of issue, of all mobile laboratories; and (6) name, education, and experience for the person designated as the Laboratory Director; and (7) name, education, and experience for each and every person designated as Principal Analyst; and (8) name of a Contact Person; and (9) phone numbers for the laboratory, fax devices, Laboratory Director, and Contact Person; and (10) the name(s) of the Owner(s) of the laboratory. If the laboratory is owned by a corporation, the name of the officers, and stockholders owning 5% or more of the shares. If the laboratory is owned by a partnership, the name of all partners; and (11) whether the laboratory seeks exemption from fees as allowed by Health and Safety Code, Section 1017(e). If exemption is claimed, it shall include evidences showing the laboratory to be established under the authority of Health and Safety Code, Section 1000, or that the laboratory meets the definition of a government-owned reference laboratory as established in Health and Safety Code, Section 1017(g); and (12) the Field(s) of Testing for which the laboratory desires certification; and (13) a quality assurance document meeting the requirements of Section 64815; and (14) date of completion of the application and signature by an Owner. (b) Laboratories seeking certification of a mobile laboratory under Field of Testing 23, shall file a complete application, which shall include the following information: (1) the Subgroup within the Field of Testing to be employed in the mobile laboratory; and (2) the name of the Owner(s) of the stationary laboratory that operates the mobile laboratory; and (3) name, education, and experience for the person designated as Laboratory Director for the stationary laboratory that operates the mobile laboratory; and (4) name, education and experience for each and every person designated as Principal Analyst for the mobile laboratory; and (5) a quality assurance program meeting the requirements of Section 64815 covering the test methods to be employed in the mobile laboratory; and (6) the location, by street address, or map directions (if no street address exists), city, state, zip code, and county of the certified stationary laboratory under the same owner as the mobile laboratory and the Subgroups within each Field of Testing for which that stationary laboratory is certified. (c) All applications filed with the Department shall be considered complete unless within 30 days of receipt, the Department mails to the laboratory's mailing address a notice that the application is not complete. Any noted deficiencies in a submitted application must be corrected and the corrected application returned to the Department within ninety days from the date of the Department's notice of deficiencies or the application shall be considered null and void. (d) An application for renewal of a certificate shall be received by the Department no later than ninety days prior to the expiration date of the certificate or it shall expire by operation of law on the stated expiration date as specified in Health and Safety Code Section 1014(a). Note: Authority cited: Sections 208 and 1011, Heath and Safety Code. Reference: Sections 1013, 1014 and 1017(e), Health and Safety Code. s 64806. Certification Fees. (a) The following schedule of fees shall apply to every environmental laboratory applying for an initial, amendment, or renewal Environmental Laboratory Accreditation Program certification: (1) A non-refundable base or administrative fee of $959 payable at the time of initial and renewal application for certification and annually thereafter, and (2) An additional fee of $432 for each Field of Testing specified in Health and Safety Code Section 100860.1 which the laboratory has requested in its application, payable at the time of application for an initial, amended, or renewed ELAP certification, and annually thereafter. (b) For a certificate issued between 01/01/02 and 12/31/02, the fee required at the time of the initial and renewal application shall be due and payable within the time period for which the certificate is valid and within 30 days notice by the Department. Note: Authority cited: Sections 100830, 100835(a) and 100860.1, Health and Safety Code. Reference: Section 100825, Health and Safety Code. s 64807. Site Visits. (a) Site visits shall be conducted by the Department to verify information contained in a laboratory's application for certification or when a laboratory requests the addition of one or more Subgroups within a Field of Testing. During the site visit, the Department shall verify the following: (1) the laboratory uses only the analytical test methods identified in Section 64811 for each Subgroup within a Field of Testing for which the laboratory is seeking certification; (2) the laboratory's instrumentation and equipment meet the requirements of Section 64813; (3) the laboratory's quality assurance and quality control procedures meet the requirements of Section 64815; and (4) the information contained in the application. (b) Within 30 days of completion of a site visit, the Department shall notify a laboratory, in writing, of its deficiencies, if any, in complying with the requirements of (a)(1) through (a)(4) above. No laboratory shall be issued a certificate in any Subgroup within any Field of Testing applied for unless it has corrected all deficiencies noted, and has forwarded to the Department a statement, in writing, of all corrective actions taken. The statement of corrective actions shall be received by the Department within the time frame established in the Department's notice of deficiencies. If in a subsequent site visit the Department determines that the laboratory failed to take any of the corrective action(s) specified in the laboratory's statement, citation(s) as specified under the authority of Health and Safety Code, Section 1021, may be issued. (c) A site visit shall be conducted within 6 months from the date of receipt by the Department of a laboratory's application. If a site visit is not conducted within this time period and the delay is not a result of Department error or procedure, certification shall be denied pursuant to Section 64803(a)(2). Note: Authority cited: Sections 208, 1011 and 1012, Heath and Safety Code. Reference: Sections 1015, 1018 and 1021, Health and Safety Code. s 64809. Performance Evaluation Testing. (a) No laboratory shall be certified to perform analyses in any Subgroup of any Field(s) of Testing as identified in Section 64823 unless the laboratory has submitted results for the analysis of performance evaluation sample study set(s) (where performance evaluation sample study set(s) exist) in each Subgroup within each Field of Testing for which certification is requested, and the results for the testing of the study set are in agreement with the criteria established below: (1) within the 99% confidence limit of the mean computed by the Department for the collection of results received for the performance evaluation sample set for the following Subgroups: detection of total coliform or fecal coliform organisms in wastewater by Multiple Tube Fermentation technics; detection of total coliform or fecal coliform organisms in wastewater by Membrane Filter technics; Heterotrophic Plate Count technics; Fecal streptococci and Enterococci by Multiple Tube Fermentation technics; Fecal streptococci and Enterococci by Membrane Filter technics of Field of Testing 1; all Subgroups in Fields of Testing 6, 9, 10, 12, 13, 16, 17, 18, and 19; (2) positive/negative, present/absent, above/below, or other similar discrete response when the only result possible from a test is a discrete response for the following Subgroups in Field of Testing 1: detection of total coliform, fecal coliform, or Escherichia coli (E. coli) organisms in drinking water by Multiple Tube Fermentation technics; detection of total coliform, fecal coliform, or Escherichia coli (E. coli) organisms in drinking water by Membrane Filter technics; detection of total coliform, fecal coliform, or Escherichia coli (E. coli) organisms in drinking water by use of Clark's Presence/Absence medium; detection of both total coliforms and Escherichia coli (E. coli) organisms in drinking water by the Minimal Medium ortho-nitrophenyl-beta-D-galactopyranoside - 4-methylumbelliferyl-beta-D-glucuronide (MMO-MUG) technics; (3) for all Subgroups in Field of Testing 8: within the 99% confidence limit of the mean computed by the Department from the collection of results received for the performance evaluation sample set, or within the 95th percentile of a distribution of non-normal values. The choice determined by the Department through the application of standard tests that determine the normalcy of data; (4) within the 95% confidence limit of the mean computed by the Department from the collection of results received for the performance evaluation sample set for the following Subgroups: alkalinity, calcium, chloride, corrosivity, hardness, magnesium, MBAS, sodium, sulfate, total filterable residue and conductivity, iron (colorimetric methods only), manganese (colorimetric methods only), and ortho phosphate in Field of Testing 2; asbestos in Field of Testing 3; (5) within a given percentage of a known or true value for the following Subgroups: cyanide, fluoride, nitrate and nitrite in Field of Testing 2; all Subgroups in Field of Testing 3, except asbestos; all Subgroups in Fields of Testing 4, 5, 20, 21, and 22. (b) Each performance evaluation sample study set shall state the method of evaluation that shall be utilized to score results for that performance evaluation sample study set, and which requirements identified in (a) above, or (c) below must be met by the laboratory. (c) If a performance evaluation sample study set contains one or more analytes that may be analyzed by a single test method that the Department recognizes and certifies as a Subgroup of a Field of Testing, the results shall meet one of the following: (1) when 6 or fewer analytes are in the performance evaluation sample study set, all analytes are within the stated acceptance limits; or (2) when more than 6 analytes are in the performance evaluation sample study set, eighty-five point zero percent (85.0%) of the analytes are within the stated acceptance limits. (d) If a laboratory fails to submit results for the analysis of performance evaluation sample study sets, which meet the above requirements, the laboratory may, within 30 days, request that it be given a second, successive attempt to submit such results. Failure of a laboratory to submit results for the analysis of performance evaluation sample study sets meeting the requirements of (a) or (c) within 6 months from the date of receipt by the Department of the laboratory's application for certification, or of its request for the addition of one or more Subgroups within a Field(s) of Testing shall result in the denial of the application or request. (e) With the exception of Field of Testing 6, a certified laboratory shall, within 12 months from the date of certification, participate in at least one performance evaluation sample study set (where performance evaluation sample study set(s) exist) for each Subgroup within each Field of Testing as identified in Section 64823 for which certification is held. If the results from the study do not meet the requirements of (a) or (c), the laboratory shall be provided a second, successive attempt to submit such results. Irrespective of whether a second, successive attempt is provided, results meeting the requirements of (a) or (c) must be submitted by a certified laboratory to the Department at least 90 days prior to the expiration of its certificate or the laboratory's certificate may be restricted under Health and Safety Code, Section 1015(c). (f) Laboratories holding certification in any Subgroup within Field of Testing 6 shall participate in all available performance evaluation test samples provided through the Environmental Protection Agency's Environmental Monitoring and Support Laboratory, Las Vegas inter-comparison cross check and performance evaluation studies. The laboratory must successfully complete a minimum of two inter-comparison cross check studies and one performance evaluation study each annual period from the date of certification. Failure to do so may be used by the Department as grounds for restricting the laboratory's certificate under Health and Safety Code, Section 1015(c). (g) Laboratories seeking or holding certification in any Subgroup within Field of Testing 11 are exempt from compliance with the requirements of Health and Safety Code, Section 1015(b)(1). Note: Authority cited: Sections 208, 1011 and 1012, Heath and Safety Code. Reference: Sections 1015, 1017 and 1019, Health and Safety Code. s 64811. Test Methods. (a) Laboratories certified for any Subgroup within Fields of Testing 1 through 6, as identified in Section 64823, shall employ those methods found in 40 Code of Federal Regulations Part 141 as amended July 17, 1992, 57 Federal Register 31776. (b) Laboratories certified for any Subgroup within Fields of Testing 9 through 14, as identified in Section 64823, shall employ those methods found in Article 5, Section 66260.11, Title 22, California Code of Regulations. (c) Laboratories certified for any Subgroup within Fields of Testing 8 or 16 through 19, as identified in Section 64823, shall employ those methods found in 40 Code of Federal Regulations Part 136, amended September 11, 1992, 57 Federal Register 41830, or methods stated in any permit issued by a California Regional Water Quality Control Board. If no method is stated in the permit and there is no method cited for the substance in Part 136, the laboratory is to seek approval for the use of the method from the Regional Board issuing the permit. (d) Laboratories certified for any Subgroup within Fields of Testing 20, 21 or 22, as identified in Section 64823, shall develop and employ analytical confirmation procedures for the verification of pesticide identification and quantification. (e) Laboratories certified in any Subgroup within Field of Testing 7, as identified in Section 64823, shall employ those methods found in either "Recommended Procedures for the Examination of Sea Water and Shellfish", 4th edition, 1970, American Public Health Association (APHA); or "Official Methods of Analysis of the Association of Official Analytical Chemists", 14th edition, 1984, AOAC, Arlington, Virginia. Laboratories certified in any Subgroup within Filed of Testing 15, as identified in Section 64823, shall employ methods which were submitted to the Department at time of application for certification, or at time of request to add a Subgroup within a Field of Testing and which have been approved by the Department for use in the laboratory. (f) Laboratories may substitute alternate test methods for those allowed by (a) above. If such substitution is desired, the laboratory shall obtain written approval for the alternate test method to be utilized from the United States Environmental Protection Agency (EPA) through that agency's Alternate Test Procedure approval process, or shall obtain a waiver from the Environmental Laboratory Accreditation Program (ELAP), prior to implementing any substitution. ELAP may grant a waiver when a State Maximum Contaminant Level (MCL) is more stringent than a federal MCL or no State MCL exists and when ELAP determines that the test method the laboratory proposes to use is one for which that laboratory was previously ELAP certified. A waiver shall be valid until a new State MCL is adopted for the analyte being detected by the method. (g) Laboratories may substitute alternate test methods for those allowed by (b) above. If such substitution is desired, the laboratory shall obtain written approval for the alternate test method to be utilized from the California Environmental Protection Agency, Hazardous Materials Laboratory, Berkeley, California prior to implementing any substitutions. (h) Laboratories may substitute alternate test methods for those allowed by (c) above. If such substitution is desired, the laboratory shall obtain written approval for the alternate test method to be utilized from the United States Environmental Protection Agency (EPA) through that agency's Alternate Test Procedure approval process prior to implementing any substitution. (i) Laboratories seeking certification for the subgroups consisting of fecal coliform or Escherichia coli (E. coli) organism technics, must also obtain, or hold, certification for the subgroups consisting of the same technic for total coliform organisms. (j) To gain certification for individual radioactive elements or isotopes, except for uranium by fluorimetric technics, a laboratory shall obtain certification for gross alpha and beta radiation testing. (k) A laboratory may seek certification, or hold certification for Field of Testing 11 without seeking or holding certification in Fields of Testing 10, 12, or 13. However, the laboratory shall submit all resulting preparations from the use of any of the subgroup members of Field of Testing 11 to a laboratory certified for Fields of Testing 10, 12, or 13. Note: Authority cited: Sections 208, 1011 and 1012, Heath and Safety Code. Reference: Sections 1012, 1017 and 28503, Health and Safety Code; Section 12901, Title 22, California Code of Regulations; Appendices I, II and III of Article 5 (commencing with Section 66261.100), Title 22, California Code of Regulations. s 64813. Laboratory and Equipment. (a) A laboratory shall be arranged and operated so that: (1) utilities are maintained to the degree necessary to allow the laboratory equipment to function and produce analyses in each Subgroup within each Field(s) of Testing for which the laboratory is certified; (2) ventilation and environmental control are maintained in the laboratory so that analytical results are not adversely affected beyond establish quality control limits as specified in the approved test methods or in the laboratory's quality assurance manual; (3) the design, arrangement, and operation of the laboratory minimizes the potential for sample contamination; (4) the storage and handling of hazardous materials in accordance with the California Code of Regulations, Title 8, General Industry Safety Orders, Department of Industrial Relations; and (5) the disposal of chemical wastes is in accordance with the California Code of Regulations, Title 22, Division 4.5, Environmental Health Standards for the Management of Hazardous Wastes, State of California, Department of Health Services. (b) Each piece of laboratory equipment shall meet all operational, quality assurance, quality control, and design criteria established in the method(s) employed by the laboratory. (c) Each piece of laboratory equipment shall be operated and maintained by the laboratory as required by the manufacturer's maintenance instructions for the equipment. (d) Records shall be kept of all operational and maintenance activities associated with the operation of laboratory equipment. Note: Authority cited: Sections 208, 1011 and 1012, Heath and Safety Code. Reference: Section 1012, Health and Safety Code; California Code of Regulations, Title 8; and Title 22, Division 4, Chapter 30, California Code of Regulations. s 64815. Quality Assurance. (a) Each laboratory shall develop and implement a quality assurance program to assure the reliability and validity of the analytical data produced by the laboratory. As evidence of such a program, the laboratory shall develop and maintain a quality assurance program manual. (b) The quality assurance program manual shall address all quality assurance and quality control practices to be employed by the laboratory and shall, at least, include the quality assurance and quality control requirements specified in the test methods for which the laboratory holds, or seeks, certification. The manual shall include the following elements: laboratory organization and personnel responsibilities; quality assurance objectives for measurement data; sampling procedures (when the laboratory performs the sampling); custody, handling, and disposal of samples; calibration procedures and frequency; analytical procedures; acquisition and reduction, validation and reporting of data; internal quality control checks; performance and system audits; preventive maintenance; assessment of precision and accuracy; corrective action; and quality assurance reports. (c) The Laboratory Director shall review, and amend if necessary, the quality assurance program and quality assurance program manual at least annually. The Laboratory Director shall also review and amend the quality assurance program and manual whenever there are changes in methods or laboratory equipment employed, in the laboratory structure or physical arrangements, or changes in the laboratory organization. (d) A laboratory shall maintain records of the implementation of its quality assurance program, and provide those records upon request of the Department. Records shall be maintained for a minimum of three years. Note: Authority cited: Sections 208 and 1011, Health and Safety Code. Reference: Section 1012, Health and Safety Code. s 64817. Laboratory Personnel. (a) Each laboratory shall designate a Laboratory Director. Except as provided in (b) below, no person shall be designated as a Laboratory Director unless he or she meets the following educational and experience requirements. (1) Possesses at least a baccalaureate degree in chemistry, biochemistry, biology, microbiology, environmental, sanitary or public health engineering, natural or physical science. (2) Has at least three years experience in the analysis of water, wastewater, solid waste, hazardous waste or other environmental samples. The experience requirement shall be satisfied from relevant work experience prior to the person having obtained the position of Laboratory Director. A master's degree in chemistry, biochemistry, biology, microbiology, environmental, sanitary or public hearing engineering, natural or physical science may be substituted for one year of the required experience. A doctorate in chemistry, biochemistry, environmental, sanitary or public hearing engineering, biology, microbiology, natural or physical science may be substituted for two years of the required experience. (b) Laboratory Directors of utility-owned water or wastewater treatment plant laboratories performing any of the analyses required under Section 4025 of the Health and Safety Code, or Section 13176 of the Water Code may fulfill the requirements for Laboratory Director by possession of a Laboratory Analyst/Water Quality Analyst Certificate from the California Water Pollution Control Association (CWPCA) or the California-Nevada Section of the American Water Works Association (CA-NV/AWWA). The minimum grade of the above certificate acceptable to the Department shall be based on the Fields of Testing for which the laboratory seeks certification as noted in the conversion table set out below: Minimum Certificate Fields of Testing Grade Required 1, 2 [FNa1] and 16 [FNaa1] I 1, 2, 8 and 16 II 3, 5, 17 and 19 plus those allowed for a grade II III 4, 6, and 18 plus those allowed for a grade III IV [FNa1] Limited to testing for: alkalinity, chloride, hardness, total filterable residue, and conductivity. [FNa2] Limited to testing for: acidity, alkalinity, biochemical oxygen demand, chemical oxygen demand, chlorine residual, hardness, dissolved oxygen, pH, total residue, filterable residue, nonfilterable residue, settleable residue, volatile residue, specific conductance, and turbidity. (c) All Laboratory Directors of laboratories certified by the Department as of December 31, 1994 shall be exempt from meeting therequirements of (a) or (b) above. (d) A Laboratory Director shall be responsible for: (1) all analytical and operational activities of the laboratory, including those of any auxiliary or mobile laboratory facilities; and (2) supervision of all personnel employed by the laboratory, including those assigned to work in any auxiliary or mobile laboratory facilities, and those persons designated as Principle Analysts; and (3) the accuracy and quality of all data reported by the laboratory, including any auxiliary or mobile laboratory facilities. (e) If, for any reason, a Laboratory Director leaves and is not replaced within 15 days by a person meeting the requirements specified in (a) or (b), whichever applies, a person or persons with lesser qualifications may serve as a temporary director for a period not to exceed ninety days, provided that the laboratory notifies the Department, pursuant to Section 1014(d) of the Health and Safety Code, describing the qualifications of the temporary director and receives written confirmation from the Department. An additional extension of no more than ninety days beyond the original 90-day period may be granted by the Department, provided the laboratory can document that its good-faith efforts to recruit a qualified director were unsuccessful for reason beyond its control. (f) A Laboratory Director shall assume the position of, or shall designate another person as Principal Analyst whenever there is use of a sophisticated laboratory instrument as defined in Section 64801(k). No person shall be a Principal Analyst for a laboratory unless he or she is: (1) the user of the sophisticated laboratory instrument; or (2) the supervisor of the users of the sophisticated laboratory instrument. (g) Except as provided in (h) below, no person shall be a Principal Analyst unless he or she meets the following educational and experience requirements. (1) Possesses at least a baccalaureate degree in chemistry, biochemistry, biology, microbiology, environmental, sanitary or public health engineering, natural or physical science; or (2) Possesses a certification of participation in, and completion of, a course taught by the manufacturer of the particular sophisticated laboratory instrument which is being used or supervised by the Principal Analyst; and (3) Has at least six months experience in the operation of a sophisticated laboratory instrument in the analysis of water, wastewater, solid waste, hazardous waste or other environmental samples, or food. This experience requirement must be satisfied from experience gained prior to obtaining the position of Principal Analyst. (h) Principal Analysts of utility-owned water or wastewater treatment plant laboratories performing any analyses under Section 4025 of the Health and Safety Code, or Section 13176 of the Water Code may fulfill the requirements for Principal Analyst by possession of a Laboratory Analyst/Water Quality Analyst Certificate from the California Water Pollution Control Association (CWPCA) or the California-Nevada Section of the American Water Works Association (CA-NV/AWWA). The minimum grade of the above certificate acceptable to the Department shall be based on the Fields of Testing for which the laboratory seeks certification as noted in the conversion table set out below: Mininimum Certificate Fields of Testing Grade Required 1, 2 and 16 I 8 plus those allowed for a Grade I II 3, 5, 17 and 19 plus those allowed for a grade II III 4, 6, and 18 plus those allowed for a grade III IV (i) All Principal Analysts of laboratories certified by the Department as of December 31, 1994 shall be exempt from meeting the requirements of (g) or (h) above. Note: Authority cited: Sections 208, 1011 and 1012, Health and Safety Code. Reference: Section 1012, Health and Safety Code. s 64819. Notification and Reporting. (a) Laboratories certified for Field of Testing 1, 2, 3, 4, 5, or 6 shall conform to the following reporting and notification requirements. (1) Laboratories reporting bacterial quality results as required by Title 22, California Code of Regulations, Section 64423.1 shall submit a bacterial monitoring report including information required in Title 22, California Code of Regulations, Sections 64423.1(c)(2) and (c)(3) directly to the Department. (2) The laboratory shall notify a water supplier's designated contact person as soon as possible, but within 24 hours, and record the method and time of notification or attempted notification, whenever any of the following occur: (A) The presence of total coliforms, fecal coliforms, or Escherichia coli (E. coli) is confirmed. (B) A bacterial sample is invalidated due to an interference as defined in Title 22, California Code of Regulations, Section 64425(b). (C) A nitrate sample exceeds the MCL. (3) If the laboratory is unable to make direct contact with the supplier's designated contact person within 24 hours, pursuant to subparagraphs (2)(A) or (C), the laboratory shall immediately notify the Department and provide a written record of the time and method of attempted contacts. (4) All analytical results conducted pursuant to Title 22, California Code of Regulations, Chapter 15, Domestic Water Quality and Monitoring, shall be reported directly to the Department electronically using the Electronic Deliverable Format as defined in The Electronic Deliverable Format [EDF] Version 1.2i Guidelines & Restrictions dated April 2001 and Data Dictionary dated April 2001, by the 10th day of the month following the month in which the analyses were completed. (5) Whenever a laboratory is requested by a water supplier, pursuant to Title 22, California Code of Regulations, Section 64425(a)(2), to submit evidence invalidating a sample due to laboratory error, the laboratory shall provide the supplier with information which shall include: (A) A letter from the Laboratory Director to the water supplier agreeing to the invalidation request by reason of laboratory accident or error; (B) complete sample identification, laboratory sample log number (if used), date and time of collection, date and time of receipt by the laboratory, date and time of analysis for the sample(s) in question; (C) complete description of the error alleged to have invalidated the result(s); (D) copies of all analytical, operating, and quality assurance records pertaining to the incident in question; and (E) any observations noted by laboratory personnel when receiving and analyzing the sample(s) in question. (b) Laboratories certified for Fields of Testing 20, 21, or 22 shall verify the identity and quantity of a pesticide residue before reporting the results. The confirmation procedures must conform to those in Section 64811(d) of this Chapter. (c) In any arrangements between laboratories involving the transfer of samples, or portions of samples, the laboratory issuing the report of analyses shall include the original of any report(s) prepared by all other laboratories who are party to the agreement. Note: Authority cited: Sections 100275, 100830, 100835 and 116375, Health and Safety Code. Reference: Sections 100825(b) and 100835, Health and Safety Code. s 64821. Reciprocity Agreements. (a) Another State's, or a United States agency's environmental laboratory certification, accreditation, or licensing program shall be recognized for the purposes of reciprocity if the program requires: (1) periodic analyses of performance evaluation samples by the participating laboratories with the frequency of submittal, the method of evaluation, and the established acceptance limits at least equal to those established in Section 64809 of this Chapter; (2) on-site evaluation of participating laboratories during which the laboratory is reviewed under criteria at least equal to that established in Section 64807 of this Chapter; (3) standards for quality assurance, laboratory facilities, test methods, laboratory equipment, and personnel for participating laboratories at least equal to those in Sections 64811, 64813, 64815, and 64817 of this Chapter. (b) Where reciprocity exists, each laboratory seeking California certification shall submit: (1) an application pursuant to Section 64805(a) of this Chapter; (2) copies of the results evaluated, or scored, from the last performance evaluation sample testing conducted by the laboratory for the other program; (3) copies of the last on-site evaluation report prepared by the other program and the laboratory's response to any deficiencies noted; (4) all applicable fees pursuant to Health and Safety Code, Section 1017(a); and (5) a copy of the certificate, license, permit, or authorization to operate as an environmental laboratory issued to the laboratory by the other agency. (c) When a reciprocity agreement exists between the Department and another State, only those laboratories that reside within the boundaries of the other State shall be eligible for certification through reciprocity. (d) If a reciprocity agreement with another State, or U.S. government agency is revoked, all certificates issued by the Department to all affected laboratories shall remain valid until the stated expiration date. (e) No fees are waived where reciprocity exists. (f) A laboratory certified under reciprocity may be visited or issued performance evaluation samples by the Department for the purposes of addressing questions or concerns on quality of results raised by any California government agency who has received a report from the laboratory. Applicable performance evaluation sample costs, pursuant to Section 1017(f) or travel costs pursuant to Section 1017(b) of the Health and Safety Code shall be paid. Note: Authority cited: Sections 208, 1011 and 1012, Health and Safety Code. Reference: Sections 1011 and 1017, Health and Safety Code. s 64823. Fields of Testing. (a) Field of Testing 1 consists of those methods whose purpose is to detect the presence of microorganisms in the determination of drinking water or wastewater quality and encompasses the following Subgroups: detection of total coliform, fecal coliform, or Escherichia coli (E. coli) organisms by Multiple Tube Fermentation technics; detection of total coliform, fecal coliform, or Escherichia coli (E. coli) organisms by Membrane Filter technics; Heterotrophic Plate Count technics; detection of both total coliforms and Escherichia coli (E. coli) organisms by the Minimal Medium ortho-nitrophenyl-beta-D-galactopyranoside - 4-methylumbelliferyl-beta-D-glucuronide (MMO-MUG) technics; detection of total coliform, fecal coliform, or Escherichia coli (E. coli) organisms by use of Clark's Presence/Absence medium; Fecal streptococci and Enterococci by Multiple Tube Fermentation technics, Fecal streptococci and Enterococci by Membrane Filter technics; detection of total coliforms and fecal coliforms other than for drinking water or wastewater quality. (b) Field of Testing 2 consists of those analytes or methods whose purpose is to detect the presence of inorganic substances in the determination of drinking water quality and whose methods require the use colorimetric, gravimetric, titrimetric, electrometric, or ion chromatographic technic; and encompasses the following Subgroups: alkalinity; calcium (titrimetric technics); chloride; corrosivity; fluoride; hardness (direct determination); magnesium (titrimetric technics); methylene blue active substances (MBAS); nitrate; nitrite; sodium (flame emission technics); sulfate; total filterable residue and conductivity; iron; manganese; orthophosphate; silica; cyanide; potassium (flame emission technics). (c) Field of Testing 3 consists of those methods whose purpose is to detect the presence of trace metals, or asbestos in the determination of drinking water quality and whose methods require the use of an atomic absorption, inductively coupled plasma, inductively coupled plasma/mass spectrophotometer, or electron microscope device and encompasses the following Subgroups: arsenic; barium; cadmium; total chromium; copper; iron; lead; manganese; mercury; selenium; silver; zinc; aluminum; asbestos; antimony; beryllium; nickel; thallium; calcium; magnesium; sodium; potassium. (d) Filed of Testing 4 consists of those methods whose purpose is to detect the presence of trace organics in the determination of drinking water quality, and require the use of a gas chromatographic/mass spectrophotometric device and encompasses the following Subgroups: EPA method 524.2 for volatile organics; EPA method 501.3 for trihalomethanes; EPA method 525 for acid and base/neutral compounds; EPA method 513 for dioxins; EPA method 1613 for dioxins. (e) Field of Testing 5 consists of those methods whose purpose is to detect the presence of trace organics in the determination ofdrinking water quality and do not require the use of a gas chromatographic/mass spectrophotometric device and encompasses the following Subgroups: EPA method 501.1 for trihalomethanes; EPA method 501.2 for trihalomethanes; EPA method 510 for total trihalomethanes; EPA method 508 for chlorinated pesticides; EPA method 515.1 for chlorophenoxy herbicides; EPA method 502.1 for halogenated volatiles; EPA method 503.1 for aromatic volatiles; EPA method 502.2 for both halogenated and aromatic volatiles; EPA method 504 for EDB and DBCP; EPA method 505 for chlorinated pesticides and ploychlorinated biphenyls; EPA method 507 for the haloacids; EPA method 531.1 for carbamates; EPA method 547 for glyphosate; EPA method 506 for adipates and phthalates; EPA method 508A for total polychlorinated biphenyls; EPA method 548 for endothall; EPA method549 for diquat and paraquat; EPA method 550 for polycyclic aromatic hydrocarbons; EPA method 550.1 for polycyclic aromatic hydrocarbons; EPA method 551 for chlorination disinfection byproducts; EPA method 552 for haloacetic acids. (f) Field of Testing 6 consists of those methods whose purpose is to detect the presence of radioactive substances in drinking water, wastewater, or hazardous wastes; and encompasses the following Subgroups: gross alpha and beta radiation; total radium; radium 226; uranium; radon 222; radioactive cesium; iodine 131; radioactive strontium; tritium; gamma emitting isotopes; gross alpha by coprecipitation; radium 228; radioactive iodine; gross alpha and beta radiation in hazardous wastes; alpha emitting radium isotopes in hazardous wastes; radium 228 in hazardous wastes. (g) Field of Testing 7 consists of those methods whose purpose is to detect the presence of microbial contamination or toxins in the determination of shellfish meat quality and encompasses the following Subgroups: shellfish meat microbiology; paralytic shellfish poison (PSP) and other marine biotoxins; microbiology of shellfish growing waters. (h) Field of Testing 8 consists of those methods whose purpose is to detect the presence of toxins in the determination of wastewater quality, or in hazardous wastes and encompasses the following Subgroups: hazardous waste testing pursuant to Title 22, California Code of Regulations, Section 66261.24(a)(6); wastewater testing according to Kopperdahl (1976) using freshwater fish; wastewater testing according to EPA/600/4-85/013 using freshwater and/or marine organisms; wastewater testing by EPA method 1000.0; wastewater testing by EPA method 1002.0; wastewater testing by EPA method 1003.0; wastewater testing by EPA method 1006; wastewater testing by EPA method 1007; wastewater testing by EPA method 1009; wastewater testing according to Anderson, et al. (1990) using Giant Kelp (Macrocystis pyrifera); wastewater testing according to Anderson, et al. (1990) using red abalone (Haliotus rufescens); wastewater testing according to Dinnel and Stober (1987) using purple sea urchin (Strongylocentrotus purpuratus); wastewater testing according to Dinnel and Stober (1987) using red sea urchin (Strongylocentrotus franciscanus); wastewater testing according to Dinnel and Stober (1987) using sand dollar (Dendraster excentricus); wastewater testing according to procedure E 724-89 (ASTM, 1989) using Pacific oyster (Crassostrea gigas); wastewater testing according to procedure E 724-89 (ASTM, 1989) using California Bay Mussel (Mytilus edulis); wastewater testing according to procedure E 1218-90 (ASTM, 1990) using an alga (skeletonema costatum); wastewater testing according to EPA/600/4-90/027 using freshwater and/or marine organisms. (i) Field of Testing 9 consists of those methods whose purpose is to detect physical properties of hazardous wastes for regulatory purposes and encompasses the following Subgroups: ignitability; corrosivity by pH determination; corrosivity by corrosivity towards steel; reactivity. (j) Field of Testing 10 consists of those methods whose purpose is to detect the presence of inorganic substances in hazardous waste samples and encompasses the following Subgroups: antimony; arsenic; barium; beryllium; cadmium; chromium, total; cobalt; copper; lead; mercury; molybdenum; nickel; selenium; silver, thallium; vanadium; zinc; chromium (VI); cyanide; fluoride; sulfide; total organic lead. (k) Field of Testing 11 consists of those methods whose purpose is to prepare samples of hazardous wastes for further testing and encompasses the following Subgroups: California waste extraction test (WET); extraction procedure toxicity (EP TOX); toxicity characteristic leaching procedure (TCLP), all phases; TCLP, extraction of inorganics only; TCLP, extraction of semivolatile organics only; TCLP, extraction of volatile organics only. ( l) Field of Testing 12 consists of those methods whose purpose is to detect the presence of trace organics in hazardous waste samples, and do not require the use of a gas chromatographic/mass spectrophotometric device and encompasses the following Subgroups: EPA method 8240 for volatile compounds; EPA method 8250 for semivolatile compounds; EPA method 8270 for semivolatile compounds; EPA method 8280 for dioxins, EPA method 8290, EPA method 8260. (m) Field of Testing 13 consists of those methods whose purpose is to detect the presence of trace organics in hazardous waste samples, and do not require the use of a gas chromatographic/mass spectrophotometric device and encompasses the following Subgroups: EPA method 8010 for halogenated volatiles; EPA method 8015 for nonhalogenated volatiles; EPA method 8020 for aromatic volatiles; EPA method 8030 for acrolein, acrylonitrile, acetonitrile; EPA method 8040 for phenols; EPA method 8060 for phthalate esters; EPA method 8080 for organochlorine pesticides or polychlorinated biphenyls; EPA method 8090 for nitroaromatics and cyclic ketones; EPA method 8100 for polynuclear aromatic hydrocarbon; EPA method 8130 for polynuclear aromatic hydrocarbons; EPA method 8120 for chlorinated hydrocarbons; EPA method 8140 for organophosphorus pesticides; EPA method 8150 for chlorinated herbicides; EPA method 632 for carbamates; total petroleum hydrocarbons - gasoline (LUFT manual); total petroleum hydrocarbons - diesel (LUFT manual); EPA method 8011; EPA method 8021; EPA method 8070; EPA method 8110; EPA method 8141; EPA method 8330; EPA method 8080 for PCBs only; EPA method 8080 for chlorinated pesticides only. (n) Field of Testing 14 consists of those methods whose purpose is to detect the presence of asbestos for purposes of complying with the provisions of Title 22, California Code of Regulations, Section 66261.24(a)92)(A) and encompasses the following Subgroups: asbestos by polarized light microsopy. (o) Field of Testing 15 shall be any method whose purpose is to detect the presence of any analyte found in the list of substances regulated by the California Safe Drinking Water and Toxic Enforcement Act in drinking water, wastewater, hazardous wastes, and contaminated soils or sediments, but which method is not within any subgroup of any other Field of Testing cited in this section. (p) Field of Testing 16 consists of those methods whose purpose is to detect the presence of inorganic substances, nutrients, physical or chemical demands, or physical properties in the determination of wastewater quality, and whose methods require the use colorimetric, gravimetric, titrimetric, electrometric, or ion chromatographic technics and encompasses the following Subgroups: acidity; alkalinity (includes determination of bicarbonate, carbonate, & hydroxide); ammonia; biochemical oxygen demand (BOD); boron; bromide; calcium (titrimetric technics); carbonaceous biochemical oxygen demand (cBOD); chemical oxygen demand (COD); chloride; chlorine residual, total; cyanide; cyanide amenable to chlorination; fluoride; hardness (direct determination); kjeldahl nitrogen (includes determination of organic nitrogen); magnesium (titrimetric technics); nitrate; nitrite; oil and grease; organic carbon; oxygen, dissolved, pH; phenols; phosphate ortho; phosphorus, total; potassium (flame emission technics); residue, total; residue, filterable (total dissolved solids); residue, nonfilterable (total suspended solids); residue, settleable (settleable solids); residue, volatile; silica; sodium (flame emission technics); specific conductance; sulfate; sulfide (includes total and soluble); sulfite; surfactants (MBAs); tannin and lignin; turbidity; iron; manganese; total recoverable hydrocarbons by EPA method 418.1; total organic halides. (q) Field of Testing 17 consists of those methods whose purpose is to detect the presence of trace metals, or asbestos in the determination of wastewater quality and whose methods require the use of an atomic absorption, inductively coupled plasma, inductively coupled plasma/mass spectrophotometer, or electron microscope device and encompasses the following Subgroups: aluminum; antimony; arsenic; barium; beryllium; cadmium; chromium (VI); chromium, total; cobalt; copper; gold; iridium; iron; lead; manganese; mercury; molybdenum; nickel, osmium; palladium; platinum; rhodium; ruthenium; selenium; silver; strontium; thallium; tin; titanium; vanadium; zinc; asbestos; calcium; magnesium; potassium; sodium. (r) Field of Testing 18 consists of those methods whose purpose is to detect the presence of trace organics in the determination of wastewater quality, and require the use of a gas chromatographic/mass spectrophotometric device and encompasses the following Subgroups: EPA method 624 for volatile organics; EPA method 625 for acid and base/neutral compounds; EPA method 1613 for dioxins; EPA method 1625 for dioxins; EPA method 613. (s) Field of Testing 19 consists of those methods whose purpose is to detect the presence of trace organics in the determination of wastewater quality, and do not require the use of a gas chromatographic/mass spectrophotometric device and encompasses the following Subgroups: EPA method 601 for halogenated volatiles; EPA method 602 for aromatic volatiles; EPA method 603 for acrolein, acrylonitrile, acetonitrile; EPA method 604 for phenols; EPA method 605 for benzidine; EPA method 606 for phthalate esters; EPA method 607 for nitrosoamines; EPA method 608 for organochlorine pesticides or polychlorinated biphenyls; EPA method 609 for nitroaromatics and cyclic ketones; EPA method 610 for polynuclear aromatics; EPA method 612 for haloethers; EPA method 632 for carbamates; EPA method 619; EPA method 608 for PCBs only; EPA method 608 for chlorinated pesticides only. (t) Field of Testing 20 consists of those methods whose purpose is to detect the presence of inorganic pesticide residues in raw agricultural or bulk processed food and encompasses the following Subgroups: pesticide residues in processed foods detected by either atomic absorption, inductively coupled plasma, inductively coupled plasma/mass spectrophotometer, or colorimetric technics; pesticide residues in raw commodities detected by either atomic absorption, inductively coupled plasma, inductively coupled plasma/mass spectrophotometer, or colorimetric technics; pesticide residues in dairy products detected by either atomic absorption, inductively coupled plasma, inductively coupled plasma/mass spectrophotometer, or colorimetric technics; pesticide residues in feed products detected by either atomic absorption, inductively coupled plasma, inductively coupled plasma/mass spectrophotometer, or colorimetric technics. (u) Field of Testing 21 consists of those methods whose purpose is to detect the presence of organic pesticide residues in raw agricultural or bulk processed food, and require the use of a gas chromatographic/mass spectrophotometric device and encompass the following Subgroups: chromatographic/mass spectrophotometric methods in either processed foods; raw commodities; dairy products; feed products. (v) Field of Testing 22 consists of those methods whose purpose is to detect the presence of organic pesticide residues in raw agricultural or bulk processed food, and do not require the use of a gas chromatographic/mass spectrophotometric device and encompass the following Subgroups: halogenated compounds in processed foods detected by either gas chromatography, high pressure liquid chromatography, or liquid chromatography/mass spectrophotometry technics; organophosphorous compounds in processed foods detected by either gas chromatography, high pressure liquid chromatography, or liquid chromatography/mass spectrophotometry technics; carbamates in processed foods detected by either gas chromatography, high pressure liquid chromatography, or liquid chromatography/mass spectrophotometry technics; halogenated compounds in raw commodities detected by either gas chromatograph, high pressure liquid chromatography, or liquid chromatography/mass spectrophotometry technics; organophosphorous compounds in raw commodities detected by either gas chromatography, high pressure liquid chromatography, or liquid chromatography/mass spectrophotometry technics; carbamates in raw commodities detected by either gas chromatography, high pressure liquid chromatography, or liquid chromatography/mass spectrophotometry technics; halogenated compounds in dairy products detected by either gas chromatography, high pressure liquid chromatography, or liquid chromatography/mass spectrophotometry technics; organophosphorous compounds in dairy products detected by either gas chromatography, high pressure liquid chromatography, or liquid chromatography/mass spectrophotometry technics; carbamates in dairy products detected by either gas chromatography, high pressure liquid chromatography, or liquid chromatography/mass spectrophotometry technics; halogenated compounds in feed products detected by either gas chromatography, high pressure liquid chromatography, or liquid chromatography/mass spectrophotometry technics; organophosphorous compounds in feed products detected by either gas chromatography, high pressure liquid chromatography, or liquid chromatography/mass spectrophotometry technics; carbamates in feed products detected by either gas chromatography, high pressure liquid chromatography, or liquid chromatography/mass spectrophotometry technics. (w) Field of Testing 23 consists of the subgroup members appropriate to the Field of Testing stated by the laboratory, pursuant to Section 64805(b)(1). Note: Authority cited: Sections 208 and 1011, Health and Safety Code. Reference: Sections 1012, 1013, 1015, 1017 and 1019, Health and Safety Code. s 64825. Trade Secrets. (a) If a laboratory identifies information provided to the Department as a trade secret, the Department shall not release such information unless: (1) the release is authorized under state or federal law; and (2) the Department has notified the laboratory of the impending release. Such notification shall be at least ten days prior to releasing any information identified as a trade secret, stating the name of the party requesting the information, the reason for the request, the authority to release this information, and the date the information will be released. Note: Authority cited: Sections 208, 1011 and 1012, Health and Safety Code. Reference: Sections 1012 and 1013, Health and Safety Code; Section 6254.7(d), Government Code. s 64827. Sale or Transfer of Ownership. (a) A certificate shall be voided by operation of law if one or more of the following occurs. (1) An original Owner fails to notify the Department, in writing, within 15 days after a change in ownership. (2) A new Owner relocates the laboratory within 90 days of assuming ownership. (3) If more than half the number of laboratory persons either quit or are terminated and replaced by a new Owner within 90 days of assuming ownership. (4) If a new Owner submits an application to alter the laboratory's certificate as issued to the prior Owner by the addition of any Subgroup within any Field of Testing. (b) A new Owner of a laboratory shall notify the Department, in writing, within 15 days after the sale or transfer of ownership and provide, at minimum, the following information. (1) The name(s) of the new Owner(s). (2) The date of sale or transfer of ownership. (3) The name, education and laboratory related work experiences, as specified in Section 64817(a); or voluntary laboratory certificate grade as specified in Section 64817(b), of the person designated as the Laboratory Director. (4) The names, education and laboratory related work experiences, as specified in Section 64817(g); or voluntary laboratory certificate grade as specified in Section 64817(h), of all persons who are designated as Principal Analysts. (5) The names of all Principal Analysts who have quit, or were terminated and replaced; and the names of all Principal Analysts hired as replacements. (6) A statement that there will be no changes in laboratory location, or in the certificate issued to the prior Owner(s) within 90 days of assuming ownership. (7) A statement that all equipment, method, and quality assurance practices will not change within 90 days of assuming ownership. (8) The notice shall be signed by one or more of the new Owner(s), or their Agents. (c) New Owners that comply with the provisions of (b) above shall have use of the certificate issued to the prior Owner for a period of ninety days commencing with the date of the Department's notice of receipt of the information supplied by the new Owner. (1) The certificate number and the laboratory name appearing on the certificate shall remain the same. (2) The new Owner shall display, and provide a copy with all data reports, the Department's notice recognizing the sale or transfer of ownership. (d) To obtain the use of the certificate to its original expiration date, the new Owner shall request such use in writing, and the laboratory shall be subjected to, and pass the following, within the 90 days use period granted by the Department. (1) A site visit in accordance with Section 64807; and (2) Performance evaluation samples in accordance with Section 64809. Note: Authority cited: Sections 208, 1011 and 1012, Health and Safety Code. Reference: Section 1014, Health and Safety Code. s 64860. NELAP Accreditation Fees. (a) The following schedule of fees shall apply to every environmental laboratory applying for an initial, amendment, or renewal of a National Environmental Laboratory Accreditation Program (NELAP) primary or secondary accreditation: (1) A non-refundable application fee of $3,000 payable at the time of initial and renewal application for accreditation, and (2) An additional non-refundable fee for each Field of Testing specified in Health and Safety Code Section 100862 which the laboratory has requested in its application, payable at the time of application for an initial, amended, or renewed NELAP accreditation, as follows: (A) A fee of $750 for each low complexity Field of Testing, identified as Fields of Testing number N115, N120, and N121. (B) A fee of $1000 for each medium complexity Field of Testing, identified as Field of Testing number N101, N102, N103, N106, N107, N108, N109, N112, N114, and N118. (C) A fee of $1,800 for each high complexity Field of Testing, identified as Field of Testing number N104, N105, N110, N111, N113, N116, N117 and N119. (b) No environmental laboratory shall be approved as a NELAP accredited laboratory until fees provided by this section have been paid. Note: Authority cited: Sections 100830, 100835(a) and 100862, Health and Safety Code. Reference: Section 100825, Health and Safety Code. s 65501. Definitions. (a) "Swimming Pool" or "Pool" means an artificial basin, chamber or tank used, or intended to be used, for public swimming, diving, or recreative bathing, but does not include baths where the main purpose is the cleaning of the body, nor individual therapeutic tubs. (b) "Wading Pool" means an artificial basin, chamber or tank used, or intended to be used, for wading by small children and having a maximum depth of not to exceed 46 centimeters (18 inches) at the deepest point nor more than 30 centimeters (12 inches) at the side walls. (c) "Special Use Pools" means pools designed and used exclusively for a single purpose such as wading, instruction, diving, competition or medical treatment where a licensed professional in the healing arts is in attendance. (d) "Enforcing Agent" means the Health Officer or Director of Environmental Health or their designated registered sanitarian representative. (e) "Temporary Training Pool" means an artificial basin, chamber or tank intended to be used for instruction in swimming and so constructed as to be readily disassembled for storage or for transporting to and reassembling at a different location. (f) "Spa Pool" means a pool, not used under medical supervision, that contains water of elevated temperature, and incorporates a water jet system, an aeration system or a combination of the two systems. (g) "Department" means the State Department of Health Services. Note: Authority cited: Sections 208 and 24102, Health and Safety Code. Reference: Sections 24100 through 24109, Health and Safety Code. s 65503. Scope. (a) The provisions of this Chapter shall apply to all pools as defined in Section 65501, including but not limited to: (1) Commercial pools. (2) Real estate pools. (3) Community pools. (4) Hotel pools. (5) Motel pools. (6) Resort pools. (7) Auto and trailer park pools. (8) Auto court pools. (9) Apartment house pools. (10) Club pools. (11) Public or private school pools. (12) Gymnasium pools. (13) Health establishment pools. (14) Townhouse pools. (15) Condominium pools. (16) Mobile home park pools. (17) Campground pools. (18) Homeowner association pools. (b) Only private pools maintained by an individual for the use of family and friends are exempt from the provisions of this Chapter. (c) The provisions of this Chapter shall apply to all auxiliary structures and equipment provided and maintained in connection with pools, including but not limited to: (1) Locker rooms. (2) Shower rooms. (3) Dressing rooms. (4) Toilet facilities. (5) Filtration equipment. (6) Pumping equipment. (7) Piping. (8) Disinfecting equipment. (9) Safety equipment. Note: Authority cited: Sections 208 and 24102, Health and Safety Code. Reference: Section 24100, Health and Safety Code. s 65505. Plans and Specifications. (a) A person proposing to construct, reconstruct or alter a swimming pool or auxiliary structure or equipment shall submit legible plans and specifications to the enforcing agent for review and written approval prior to commencing the work and in advance of the issuance of any building, plumbing or electrical permit. (b) Plans submitted for approval pursuant to this section shall be drawn to a scale of 1 centimeter equals 0.48 meters ( 1/4 inch equals 1 foot), except that plans for spa pools shall be drawn to a scale of 1 centimeter equals 0.12 meters (1 inch equals 1 foot). (c) The enforcing agent may require the submission of such additional information as may be required to determine the compliance of plans and specifications submitted for approval. (d) Within 30 days of the receipt of plans and specifications, the enforcing agent shall notify the person submitting the plans and specifications of their approval or disapproval. Note: Authority cited: Sections 208 and 24102, Health and Safety Code. Reference: Section 24101.1, Health and Safety Code. s 65507. Records. (a) The enforcing agent shall retain one copy of the plans and specifications submitted for approval. (b) At the request of the Department, the enforcing agent shall make available to the Department records pertaining to swimming pools which are within the enforcing agent's jurisdiction. Note: Authority cited: Sections 208 and 24102, Health and Safety Code. Reference: Sections 24101.1 and 24105, Health and Safety Code. s 65509. Construction. (a) Swimming pools shall be constructed, reconstructed or altered in compliance with plans approved pursuant to Section 65505, unless written approval of variance from such plans is obtained from the enforcing agent. (b) Swimming pools shall conform to the requirements of Chapter 2-90, Title 24, Building Standards, California Administrative Code. Note: Authority cited: Sections 208 and 24102, Health and Safety Code. Reference: Section 24101.1, Health and Safety Code. s 65511. Inspection. (a) The swimming pool owner, or his designated agent, shall notify the enforcing agent at least two working days before guniting or constructing the pool shell to allow inspection and approval by the enforcing agent. Following pool construction, the enforcing agent shall again be notified at least two days in advance of placing the pool in operation to allow for final inspection and approval. (b) No pool shall be placed in use without the written approval of the enforcing agent. Note: Authority cited: Sections 208 and 24102, Health and Safety Code. Reference: Sections 24101.1 and 24104, Health and Safety Code. s 65521. Pool Supervision Responsibility. (a) Every pool shall be under the supervision of a person who is fully capable of, and shall assume responsibility for, compliance with all requirements relating to pool operation, maintenance and safety of bathers. (b) No pools shall be used or available for use unless all of the requirements of subsection (a) and the following are complied with. (1) Routine (e.g., daily and weekly) operating procedures shall be permanently posted in a location accessible to and frequented by the operator. (2) Manufacturers' instructions for operation and maintenance of mechanical and electrical equipment shall be kept available for the operator. Note: Authority cited: Sections 208 and 24102, Health and Safety Code. Reference: Sections 24102.2 and 24101.3, Health and Safety Code. s 65523. Operation Records. (a) Except as provided in Health and Safety Code, Section 24101.5, the operator of each pool open for use shall keep a daily record of information regarding operation, including readings of disinfectant residual, pH and maintenance procedures such as cleaning of filters and quantity of chemicals used. (b) If cyanuric acid by itself or in a combined form with the disinfectant is added to a pool, the cyanuric acid concentration shall be measured a minimum of once per month and records shall be kept of the results of such testing. (c) Data collected pursuant to subsections (a) and (b) shall be maintained at least one year for inspection by the enforcing agent, or shall be submitted to the enforcing agent upon request. Note: Authority cited: Sections 208, 24101.5 and 24102, Health and Safety Code. Reference: Sections 24101.2, 24101.3 and 24101.5, Health and Safety Code. s 65525. Recirculation and Purification System Operation. The pumps, filters, disinfectant and chemical feeders, flow indicators, gauges and all related parts of the pool water purification system shall be kept in operation whenever the pool is available for use, and at such additional times and periods as may be necessary to maintain the water in the pool in a clear and disinfected condition. The variation in flow during a filtration cycle shall be such as to not reduce the flow below 65 percent of the rate required in Section 2-9032 of Title 24, California Administrative Code. Note: Authority cited: Sections 208 and 24102, Health and Safety Code. Reference: Sections 24101.3 and 24102, Health and Safety Code. s 65527. Clarity of Water. The recirculation and purification system shall be operated and maintained so as to keep the pool water clean and clear. Under no circumstances shall the pool be used if the main drain is not clearly visible from the deck. Such a pool shall be closed and shall not be reopened until the water is clean and clear, and upon specific written approval of the enforcing agent. If the pool drain is still not visible 48 hours following inspection and closure by the enforcing agent, the enforcing agent may order the pool drained as a safety procedure. Note: Authority cited: Sections 208 and 24102, Health and Safety Code. Reference: Sections 24101.3, 24102 and 24103 and 24104, Health and Safety Code. s 65529. Disinfection, pH Control and Cyanuric Acid (a) Pools, when open or in use, shall be disinfected continuously by a chemical which imparts a residual effect and shall be maintained in an alkaline condition at a pH between 7.2 and 8.0.For pools using hypochlorite or gaseous chlorine without a stabilizer, a free chlorine residual of at least 1.0 ppm shall be maintained throughout the pool. If cyanuric acid or a chlorinated isocyanurate is used, a free chlorine residual of at least 1.5 ppm shall be maintained throughout the pool. The cyanuric acid concentration in any pool shall not exceed 100 ppm. Appropriate test kits for measuring the pH, concentration of the disinfectant, and, when used, concentration of cyanuric acid shall be provided at each pool. If halogens other than chlorine are used, residuals of equivalent strength shall be maintained. A test kit for measuring the concentration of the disinfectant accurate to within 0.1 ppm shall be available at each pool. (b) When test kits for chlorine utilize comparative color standards, the standards shall be accurate to within plus or minus 0.1 ppm. There shall be at least four color standards as follows: 0.6, 1.0, 1.5 and 2.0. The test kit shall be capable of testing for free chlorine residual. (c) The enforcing agent may accept other disinfecting materials or methods after they have been demonstrated to provide a readily measurable residual. Such materials or methods must not be dangerous to public health or create objectionable physiological effects. Note: Authority cited: Sections 208 and 24102, Health and Safety Code. Reference: Sections 24101.3, Health and Safety Code. s 65531. Bacteriological and Chemical Quality of Pool Water. (a) Bacteriological quality of water in the pool shall be such that not more than two consecutive samples, taken when the pool is in use, shall: (1) Contain more than 200 bacteria per milliliter, as determined by the standard (35 degrees C.) plate count; or (2) Contain a total coliform organism MPN (most probable number) count of 2.2 or greater per 100 milliliters of sample. (b) Chemical quality of water in the pool shall not cause irritation of eyes or skin of the bathers, or have other objectionable physiological effects on bathers. Note: Authority cited: Sections 208 and 24102, Health and Safety Code. Reference: Sections 24101.3, Health and Safety Code. s 65533. Cleanliness of Pool. (a) Floating scum, sputum or debris shall not be allowed to accumulate in the pool. Skimmers, where provided, and water levels shall be maintained and operated to remove such material continuously. The bottom and sides of the pool shall be cleaned as often as necessary to be kept in a clean condition. The sides and bottom of pools, decks, and other surfaces shall be kept free of slime and algae. (b) Animals shall not be permitted in the pool or pool area. Note: Authority cited: Sections 208 and 24102, Health and Safety Code. Reference: Sections 24101.3, Health and Safety Code. s 65535. Cleaning and Maintenance. (a) All parts of the pool and related pool facilities and equipment shall be maintained in good repair. Floors shall be kept free from cracks and other defects and in compliance with Section 2-9021, Title 24, California Administrative Code. Walls, ceilings, partitions, doors, lockers and similar surfaces and equipment shall be refinished in a manner acceptable to the enforcing agent as often as necessary to be kept in a state of good repair. (b) Hoses shall be provided for regular flushing and cleaning. The whole pool area shall be kept clean, sanitary and free of litter and vermin. (c) Toilets, urinals, showers, wash basins and other plumbing fixtures shall be maintained in a clean condition, and in good repair. Note: Authority cited: Sections 208 and 24102, Health and Safety Code. Reference: Sections 24101.3, Health and Safety Code. s 65537. Bathing Suits, Caps and Towels. Bathing suits and towels furnished by the management shall be laundered and clean, and caps shall be sanitized after each usage. Note: Authority cited: Sections 208 and 24102, Health and Safety Code. Reference: Sections 24101.3, Health and Safety Code. s 65539. Lifesaving, First Aid and Control of Bathers. (a) Lifeguard services shall be provided in accordance with Sections 24100.1 and 24101.4 of the Health and Safety Code. (b) Where lifeguard service is provided, the number of lifeguards shall be adequate to maintain continuous surveillance over the bathers. (c) Where no lifeguard service is provided, a warning sign shall be placed in plain view and shall state "Warning -No Lifeguard on Duty" with clearly legible letters at least 10.2 centimeters (4 inches) high. In addition, the sign shall also state "Children Under the Age of 14 Should Not Use Pool Without an Adult in Attendance." (d) The enforcing agent may require posting of notices directing the bathers to make use of the toilets and showers before entering the pool. At all pools, diagrammatic illustrations of artificial respiration procedures shall be posted where clearly visible from the nearby deck. Such illustrations shall be protected against the elements. Also, the telephone number of the nearest ambulance, fire and police or sheriff's department shall be kept similarly posted along with instructions that, if needed, manual or mouth-to-mouth artificial respiration should be started immediately and continued until a physician arrives or mechanical resuscitators are applied. (e) Every swimming pool shall be equipped for safety and rescue procedures with one or more rescue poles not less than 3.5 meters (12 feet) in length with body hooks, and one or more life rings having a minimum exterior diameter of 43 centimeters (17 inches) readily accessible for use. Such life rings shall have attached to them an 0.476 centimeter (3/16-inch) line long enough to span the maximum width of the pool. The line shall be stored when not in use in such a way as to prevent kinking or fouling. When rescue can be effected from the perimeter of a spa pool, such a pool may be exempt from the requirements of this paragraph if so approved by the enforcing agent. (f) When, in the opinion of the enforcing agent, any pool is of such size that unaided swimmings by lifeguards may not offer sufficient protection to swimmers, one or more square-sterned boats equipped with oars, oarlocks and life rings, or paddle boats, as the enforcing agent shall order, shall be provided. (g) A first aid kit shall be provided at all swimming pools when required by the enforcing agent. Note: Authority cited: Sections 208 and 24102, Health and Safety Code. Reference: Sections 24101.2, 24101.3 and 24102, Health and Safety Code. s 65541. Health of Employees and Patrons. (a) No person having a communicable disease shall be employed at a public swimming pool. (b) All patrons known to be, or suspected by the enforcing agent or the management of being afflicted with an infectious disease, suffering from a cough, cold or sores, or wearing bands or bandages shall be excluded from all public bathing places unless at least one of the following conditions is met: (1) The patron submits a current written statement, signed by a licensed physician, confirming that the patron does not present a health hazard to other pool users. (2) Pool use by patron is approved by the enforcing agent. Note: Authority cited: Sections 208 and 24102, Health and Safety Code. Reference: Sections 24101.2, 24101.3 and 24102, Health and Safety Code. s 65543. Wading Pool -Water Clarity. The water of every wading pool shall be kept sufficiently clear so that the bottom of the wading pool will be visible at all times. Note: Authority cited: Sections 208 and 24102, Health and Safety Code. Reference: Sections 24101.3, Health and Safety Code. s 65545. Pool Closure. (a) If, in the opinion of the enforcing agent, a pool is maintained or operated in a manner which creates an unhealthful, unsafe, or unsanitary condition, the pool may be closed by the enforcing agent. Such a pool shall not be reopened until correction is made, and upon specific written approval of the enforcing agent. (b) Unhealthful, unsafe or unsanitary conditions include, but are not limited to, the failure to meet clarity, disinfection, pH, safety or bacteriological standards. Note: Authority cited: Sections 208 and 24102, Health and Safety Code. Reference: Sections 24101.2, 24101.3 and 24104, Health and Safety Code. s 65547. Compressed Chlorine Gas. (a) When compressed chlorine gas is employed, the following requirements shall be met: (1) A solution of commercial strength ammonia shall be kept available for use in testing for chlorine gas leaks. (2) A gas mask designed for use in a chlorine atmosphere shall be provided unless a self-contained breathing apparatus meeting the requirements of paragraph (a) (3) is provided. Gas masks shall be of a type approved by the U.S. Bureau of Mines and/or the National Institute for Occupational Safety and Health. The following requirements for gas mask canisters shall be met: (A) A replacement canister shall be provided and kept serviceable. Any canister which has been utilized during chlorine leakage shall be discarded and a replacement canister provided. (B) The date of attaching a canister to the mask breathing tube shall be recorded on the canister. The canister shall be discarded one year from the date of attachment, or sooner if the canister is expended as shown by the indicator color change. (C) Date stamped expired canisters shall be replaced with unexpired, unused canisters. (3) A self-containing breathing apparatus may be used in place of a gas mask only if all pool attendants and lifeguards who may be responsible for the health and safety of pool users have received formal training in the use of the equipment. Following initial formal training, responsible pool attendants and lifeguards shall receive refresher training at least once every six months if working at pools which are open year-round. For pools open on a seasonal basis, all returning responsible personnel shall receive retraining on the use of the equipment before the pool is opened for the season. The self-contained breathing apparatus provided shall comply with the provisions of Section 5144 of Title 8, California Administrative Code, and the following: (A) Only parts approved for the specific respiratory system shall be used for replacement. (B) The respirator equipment shall be kept at a readily accessible point outside the room in which the chlorinator is maintained. (4) All swimming pools with gas type automatic chlorinators shall post in a conspicuous location near the entrance to the pool an emergency pool evacuation procedure. (A) Emergency exit doors or gates shall not be locked when the pool is open for use. Keys to such doors and gates shall be readily available to pool attendants and lifeguards. (B) Pool attendants and lifeguards shall receive training in the application of effective pool emergency procedures. Such training shall be reviewed at least once every six months for pools open year-round. For pools open on a seasonal basis, training in emergency procedures shall be be conducted before the pool is opened for the season. Note: Authority cited: Sections 208 and 24102, Health and Safety Code. Reference: Sections 24101.2, 24101.3 and 24102, Health and Safety Code. s 65549. Replacement of Equipment or Appurtenances. When fixed or installed equipment or appurtenances are changed or replaced, the change or replacement units shall meet applicable requirements of this Chapter subject to the provisions of Section 24102 of the Health and Safety Code, and shall first be cleared with the enforcing agent before substitution if not an exact duplicate of the units being changed or replaced. Note: Authority cited: Sections 208 and 24102, Health and Safety Code. Reference: Sections 24101.1, 24101.3 and 24102, Health and Safety Code. s 65551. Shower, Toilet and Dressing Facilities. (a) For shower, toilet and dressing facilities, the walls, partitions, doors, lockers and similar surfaces which require periodic cleaning shall be maintained smooth and finished so as to facilitate cleaning. (b) Showers shall be provided with soap in soap dispensers or containers. (c) For toilet facilities, handwashing detergent or soap, sanitary towels or hot air blowers, and toilet tissues shall be provided in permanently installed dispensing devices. Note: Authority cited: Sections 208 and 24102, Health and Safety Code. Reference: Section 24101.3, Health and Safety Code. s 65600. Onsite. (a) "Onsite" means a medical waste treatment facility on the same or adjacent property as the generator of the medical waste being treated. (b) "Adjacent," for purposes of subdivision (a), means real property within 400 yards from the property boundary of the existing onsite medical waste treatment facility. Note: Authority cited: Sections 208 and 25017, Health and Safety Code. Reference: Sections 25025.8, 25040.(d) and 25050.(d), Health and Safety Code. s 65601. Offsite. "Offsite" means any location which is not onsite. Note: Authority cited: Sections 208 and 25017, Health and Safety Code. Reference: Sections 25025.5 and 25070, Health and Safety Code. s 65602. Transfer Station. "Transfer station" means any offsite location where medical waste is loaded, unloaded, or stored during the normal course of transportation of the medical waste. "Transfer station" does not include common storage facilities, large quantity generators used for the purpose of consolidation, or onsite treatment facilities. Note: Authority cited: Sections 208 and 25017, Health and Safety Code. Reference: Sections 25020.8, 25027.5, 25062, 25070.2 and 25070.3, Health and Safety Code. s 65603. Applicant. "Applicant" means an owner, operator, or other person who applies to the enforcement agency for a permit pursuant to this chapter. Note: Authority cited: Sections 208 and 25017, Health and Safety Code. Reference: Sections 25030, 25030.1, 25030.4 and 25072, Health and Safety Code. s 65604. "Enforcement agency" means the Department of Health Services or the local agency administering the Medical Waste Management Act. Note: Authority cited: Sections 208 and 25017, Health and Safety Code. Reference: Section 25021.2, 25034.8 and 25040, Health and Safety Code. s 65610. Compliance with the California Environmental Quality Act (CEQA). (a) All medical waste treatment facility or transfer station permit applications, and applications for permit revisions, modifications, and amendments shall be accompanied by the following: (1) Information necessary to enable the enforcement agency to comply with the requirements of the California Environmental Quality Act (Public Resources Code Sections 21000-21174). This information shall be either: (A) A copy of any environmental impact report (EIR) or negative declaration prepared by a lead agency, evidence that a lead agency is preparing or will prepare environmental documentation, or other evidence deemed acceptable by the enforcement agency of showing compliance with the requirements of CEQA. (B) Where the enforcement agency is required by law to be the lead agency, the applicant shall submit environmental information as set forth in the CEQA guidelines, Title 14, Division 6, Chapter 3, Sections 15000 through 15387 and Appendix H of the California Code of Regulations. Note: Authority cited: Sections 208 and 25017, Health and Safety Code; and Section 65940, Government Code. Reference: Sections 25071, 25072 and 25077, Health and Safety Code; Sections 21100.2 and 21151.5, Public Resources Code; and Section 65940, Government Code. s 65611. Application Procedures. (a) Any person proposing to operate an offsite medical waste treatment facility or transfer station shall submit an application for a medical waste treatment facility or transfer station to the Department. Any person proposing to operate an onsite medical waste treatment facility shall submit an application for an onsite medical waste treatment facility permit to the enforcement agency. Submission of an application for an offsite medical waste treatment facility permit, or a modification or renewal thereof, shall be deemed to occur on the date the application is received by the Department. Submission of an application for an onsite medical waste treatment facility permit, or a modification or renewal thereof, shall be deemed to occur on the date the application is received by the enforcement agency. (b) An application for a medical waste treatment facility or transfer station permit, or a modification or renewal thereof, is considered complete when the applicant has fully complied with the application requirements set forth in Sections 65610, 65621, and 65625 of this chapter. Note: Authority cited: Section 15376, Government Code; and sections 208, 25017 and 25072, Health and Safety Code. Reference: Section 15376, Government Code; and sections 25070 and 25072, Health and Safety Code. s 65612. Determination of Completeness and Notification. (a) Within 30 calendar days of receipt of an application for a medical waste treatment facility or transfer station permit, or a request for permit modification pursuant to Section 25078, Health and Safety Code, the enforcement agency shall inform the applicant in writing either that the application is complete and accepted for filing, or that it is deficient and identify the additional specific information necessary for the application to be complete. (b) The date on which the application is determined complete for filing, or on which the application is determined deficient, shall be the date on which the enforcement agency's written notification to the applicant is postmarked. Note: Authority cited: Section 15376, Government Code; and sections 208 and 25017, Health and Safety Code. Reference: Sections 15376, 65940 and 65943, Government Code; and section 25079, Health and Safety Code. s 65613. Notice of Decision on Application. (a) The notification of the enforcement agency's decision to grant or deny an application shall be mailed via certified mail to the applicant within 120 calendar days after the date on which the enforcement agency determines the application to be complete and accepted for filing. (b) Within 20 days after the enforcement agency mails a notice of denial, the applicant may present a written petition for a hearing to the enforcement agency. Upon receipt of the petition, which shall clearly identify that it is an appeal, the petition shall be set for hearing. (c) If the Department is the enforcement agency, the proceedings shall commence with the filing of a statement of issues and shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (d) If the Department is not the enforcement agency, the hearings shall be held in accordance with the ordinance or resolution adopting the medical waste management program. Note: Authority cited: Sections 208 and 25017, Health and Safety Code; section 15376, Government Code; and section 21100.2, Public Resources Code. Reference: Section 15376, Government Code; sections 25077 and 25079, Health and Safety Code; and sections 21100.2 and 21151.5, Public Resources Code. s 65614. Application Time Periods for Processing a Permit Based on Actual Performance. (a) The Department's time periods for processing a medical waste facility permit, from receipt of the initial application to the final decision regarding the permit or registration, are as follows: (1) The median time for processing is: (A) 180 calendar days for a medical waste facility permit; (2) The minimum time for processing is: (A) 120 calendar days for a medical waste facility permit; (3) The maximum time for processing is: (A) 730 calendar days for a medical waste facility permit. Note: Authority cited: Section 15376, Government Code; and sections 208 and 25017, Health and Safety Code. Reference: Section 15376, Government Code; and section 25077, Health and Safety Code. s 65619. Requirements for Medical Waste Facility Permit. For a new medical waste facility, the permittee may not commence treatment or storage of medical waste; and for a facility being modified, the permittee may not treat or store medical waste in the modified portion of the facility until the permittee has submitted evidence of successful completion of a trial burn, if applicable. Note: Authority cited: Sections 208 and 25017, Health and Safety Code. Reference: Sections 25072 and 25078, Health and Safety Code. s 65620. Scope of Permit Requirement. (a) Permits are required for storage and treatment of medical waste. Owners and operators of medical waste treatment facilities or transfer stations shall have a valid permit to operate while the facility is in operation. The period of operation includes cleanup and removal of medical waste prior to closure of the facility. The permit shall be terminated by the enforcement agency upon closure. (b) The following persons are not required to obtain a permit pursuant to this article: (1) Generators who accumulate their own medical waste on site for up to 7 days above 0 degrees Centigrade, or up to 90 days at or below 0 degrees Centigrade. (2) A person is not required to obtain a permit for those activities carried out immediately to contain or treat a spill of biohazardous or sharps waste. (3) Registered small quantity generators providing onsite treatment for their own waste. Note: Authority cited: Sections 208 and 25017, Health and Safety Code. Reference: Sections 25040, 25040.5, 25062, 25070, 25081, 25084 and 25084.5, Health and Safety Code. s 65621. Application for a Permit. (a) Any person who is required to have a medical waste facility permit (including new applicants and permittees with expiring permits) shall complete, sign, and submit an original application with two copies to the enforcement agency. In order to continue operations after January 1, 1992, persons authorized to operate under an interim status infectious waste facility permit effective January 1, 1991, shall comply with the provisions of this article in submitting a medical waste treatment facility permit application. The application shall be completed by the applicant pursuant to Sections 65610 through 65612, 65622, and 65625 and must be approved by the enforcement agency prior to a permit being issued. Failure to provide the renewal information required in these sections prior to January 1, 1992, shall result in a final permit not being issued. (b) For new onsite medical waste facilities, the application shall be filed with the enforcement agency, and written approval by the enforcement agency shall be provided before construction can commence. For all offsite medical waste facilities, the applications shall be filed with the Department and written approval by the Department shall be provided before construction can commence. (c) Any ongoing medical waste treatment facility or transfer station with a valid permit which is about to expire shall submit a new permit application at least 90 days before the expiration date of the effective permit. (d) When a facility is owned by one person but is operated by another person, it is the operator's duty to obtain a permit. Both the owner and operator shall sign the application. (e) No medical waste shall be treated until the applicant has fully complied with the application requirements for that permit and the permit has been issued by the enforcement agency. (f) Applicants shall keep records of all data used to complete the permit application, along with any supplemental information submitted, for the life of the permit. Note: Authority cited: Sections 208 and 25017, Health and Safety Code. Reference: Sections 25070, 25072, 25074, 25077 and 25097, Health and Safety Code. s 65622. Signatories to Permit Applications and Reports. (a) All permit applications shall be signed by both the owner and operator of the medical waste facility as follows: (1) For a corporation: By a responsible corporate officer authorized to make management decisions which govern the operation of the regulated facility. (2) For a partnership or sole proprietorship: By a general partner or the proprietor, respectively; or (3) For a municipality, state, federal or other public agency: By either a principal executive officer or ranking elected official. (b) All reports required by permits and other information requested by the enforcement agency shall be signed by a person described in subsection (a) of this section, or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described in subsection (a) of this section; (2) The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility, such as the position of plant manager, superintendent or position of equivalent responsibility (a duly authorized person may be a named individual or any individual occupying a named position); and (3) The written authorization is submitted to the enforcement agency. (c) If an authorization under subsection (b) of this section isno longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of subsection (b) of this section shall be submitted to the enforcement agency prior to or together with any reports, information or applications to be signed by an authorized representative. (d) Any person signing a document under subsection (a) or (b) of this section shall make the following certification: "I certify under penalty of perjury that this document and all attachments have been prepared under my direction and supervision in accordance with a system to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those directly responsible for gathering the information, the information is to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. City: ___________________________________________________ State:___________________________________________________ Date: ___________________________________________________ Name: ___________________________________________________ (Please print) Signature:____________________________________________ " Note: Authority cited: Sections 208 and 25017, Health and Safety Code. Reference: Sections 25072, 25098 and 25099.1, Health and Safety Code. s 65623. Requirements Applicable to All Permits. (a) The permittee shall comply with all requirements of this article and any specific conditions of the permit. (b) No permittee shall continue an activity regulated by a medical waste facility permit after the expiration date of the permit. If the permittee fails to make a timely application for renewal, the medical waste permit shall expire on the expiration date. (c) In an enforcement action, it shall not be a defense for a permittee to state or show that reducing or ceasing of the permitted activity would have been necessary in order to maintain compliance with the requirements of this article. (d) The permittee shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from noncompliance with the conditions of the permit. (e) The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the specific conditions of the permit and requirements of this article. Proper operation and maintenance shall include but not be limited to effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. Backup or auxiliary facilities or similar systems shall be operated only when necessary to achieve compliance with the requirements of this article. (f) The permittee shall furnish to the enforcement agency any relevant information which the enforcement agency may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit, or to determine compliance with the permit. The permittee shall also furnish to the enforcement agency upon request copies of records required to be kept by the permit. Such information shall be furnished within 30 days or as otherwise set by the enforcement agency if a longer duration is required. (g) The permittee shall allow an authorized representative of the enforcement agency to: (1) Enter, at reasonable times, the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of the permit; (2) Have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit; (3) Inspect, at reasonable times, any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under the permit; and (4) Sample or monitor, at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by law, any substances or parameters at any location. (h) The permittee shall establish and maintain a monitoring and sampling program. (1) Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. (2) The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by the permit, and records of all data used to complete the application for the permit, for a period of at least three years from the date of the sample, measurement, report, or application. This period may be extended by request of the enforcement agency at any time. (3) Records of monitoring information shall include: (A) The date, exact place, and time of sampling or measurements; (B) The individual(s) who performed the sampling or measurements; (C) The date(s) analyses were performed; (D) The individual(s) who performed the analyses; (E) The analytical techniques or methods used; and (F) The results of such analyses. (i) All applications, reports, or information submitted to the enforcement agency shall be signed and certified (see Section 65622). (j) The permittee shall meet all reporting requirements as required below: (1) The permittee shall give notice to the enforcement agency as soon as possible and at least 30 days in advance of any planned physical alterations or additions to the permitted facility. (2) Reports of compliance or noncompliance with, or any progress reports on, interim and final conditions contained in any compliance schedule of the permittee's permit shall be submitted no later than 14 days following each scheduled date. (3) The permittee shall report any noncompliance with the Medical Waste Management Act (Health and Safety Code, Sections 25015 et seq.) or this chapter which may endanger health, safety, or the environment. Any information shall be provided orally within 24 hours from the time the permittee becomes aware of the circumstances. A written report shall also be provided within five days of the time the permittee becomes aware of the circumstances. The written report shall contain a description of the noncompliance as specified above, and its cause; the period of noncompliance, including exact starting and ending dates and time frames, and, if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence. (4) The permittee shall report all instances of noncompliance with permit conditions not reported under subsections (1), (2), and (3) of this Section, at the time the monitoring reports are submitted. The reports shall contain the information listed in subsections (1) and (3) of this section. (5) Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the enforcement agency, it shall promptly submit the relevant facts or correct information. (k) For a new medical waste facility, the permittee may not commence treatment or storage of medical waste; and for a facility being modified, the permittee may not treat or store medical waste in the modified portion of the facility until: (1) The permittee has submitted to the enforcement agency, by certified mail or hand delivery, a letter signed by the permittee and a professional engineer, registered in California, stating that the facility has been constructed or modified in compliance with the permit; and (2) The enforcement agency has inspected the modified or newly constructed facility and finds it is in compliance with the conditions of the permit; (l) The following shall be included as information which shall be reported orally within 24 hours under subsection (j)(3) of this section: (1) Information concerning release of any medical waste that may endanger the public health; (2) Any information of a release or discharge of medical waste from or of a fire or explosion at a medical waste facility which could threaten the environment or human health outside the facility. The description of the occurrence and its cause shall include: (A) Name, address, and telephone number of the owner or operator; (B) Name, address, and telephone number of the facility; (C) Date, time, and type of incident; (D) Name and quantity of material(s) involved; (E) The extent of injuries, if any; (F) An assessment of actual or potential hazards to the environment and human health outside the facility, where this is applicable; and (G) Estimated quantity and disposition of recovered material that resulted from the incident. (m) The permittee shall attempt to reconcile any significant discrepancy in a tracking document. The permittee shall also report any medical waste received without a tracking document. In either case, the discrepancy with or without a tracking document shall be reported to the enforcement agency within 15 days. Note: Authority cited: Sections 208 and 25017, Health and Safety Code. Reference: Sections 25040.5, 25050, 25062, 25063, 25064, 25070, 25071, 25072, 25072.5, 25074 and 25075, Health and Safety Code. s 65624. Duration of Permits. The term of a medical waste facility permit shall not exceed 5 years. Note: Authority cited: Sections 208 and 25017, Health and Safety Code. Reference: Sections 25049, 25050, 25059 and 25074, Health and Safety Code. s 65625. Contents of a Medical Waste Treatment Facility Permit Application. (a) The application shall include the following information: (1) The name, business address, and telephone number of the owner and operator of the facility. Include ownership status as federal, state, local government or other public or private entity. (2) The name, mailing address, and location of the facility for which the application is submitted. (3) A description of the nature of the business and activities which require it to have a permit. (4) An indication of whether the facility is new or existing and whether it is a first or revised application. (5) A description of the process to be used for treating, storing, and disposing of medical waste (i.e. incinerator, autoclave, or other approved treatment technology as specified in Section 25090(d) Health and Safety Code). (6) A description of the treatment and/or storage capacity of the facility, an estimate of the average monthly quantity of the waste to be treated and/or stored, and a general description of the process to be used for disposal of treated wastes. (7) A scale drawing and general description of the facility showing location of all treatment and storage areas. (8) A map extending one mile beyond the property boundary of the facility identifying access roads and the type of development in the area (i.e., residential, commercial, recreational, schools, etc.). (9) A disclosure statement, as required in Section 25072 of the Health and Safety Code. (10) A description of the security procedures required pursuant to Section 25086 of the Health and Safety Code. (11) A copy of the general operation plan including a schedule for inspection and calibration of monitoring equipment, a description of disinfection procedures, location and type of safety and emergency equipment, location and type of security devices, and operating and structural equipment that are important in preventing or responding to medical-waste related environmental or human health hazards. (12) A copy of the emergency action plan addressing equipment breakdowns, natural disasters, or other occurrences as required in Section 25092, Health and Safety Code. (13) An outline of both the introductory and continuing training programs which will be provided by owners or operators to prepare employees to operate or maintain the medical waste treatment facility in a safe manner. A brief description of how training will be designed to meet actual job tasks. (14) A copy of the closure plan including a written estimate of the cost of closing a facility. The estimate shall equal the cost of closure at the point in the facility's operating life when the extent and manner of its operation would make closure the most expensive, as indicated by its closure plan. The owner shall revise the closure cost estimate whenever a change in the closure plan increases the cost of closure. (15) A description of the compliance history of the applicant under any local, state, or federal law or regulation governing the control of medical waste or pollution including, but not limited to, the Clean Air Act. Such description shall include all violations as specified in Section 25072.5 of the Health and Safety Code which have occurred at this or any other facility permitted and owned or operated by the applicant in the State for the three years prior to the date of this application. (16) A schedule for the installation of monitoring equipment and a written statement of operating procedures covering the proper use, maintenance, and testing of such equipment. (17) A monitoring schedule, including type of monitoring, intervals and frequency of monitoring sufficient to yield data which are representative of the monitored activity, including, when appropriate, continuous monitoring. Note: Authority cited: Sections 208 and 25017, Health and Safety Code. Reference: Sections 25071, 25072, 25072.5, 25073, 25090 and 25092, Health and Safety Code. s 65628. Application Fees. (a) Each person submitting an offsite treatment facility permit application will be charged a processing fee of one hundred dollars ($100) per hour up to a maximum of fifty thousand dollars ($50,000). The processing fee is to cover costs for technology evaluation, construction inspections, and review of records relative to monitoring procedures and operation. The fee will be billed as follows: (1) An initial deposit of twenty-five thousand dollars ($25,000) with the application. (2) When the costs for processing the application reach 75 percent of the initial deposit, a second deposit amounting to one-half of the initial deposit shall be paid, and if processing costs exceed 75 percent of the second deposit, the remaining twelve thousand, five hundred dollars ($12,500) shall be charged. (3) For subsequent deposits, after the first deposit, the Department shall give 30 days notice by registered mail of the further amount of fee due. If this amount is not received by the Department within the stated 30-day period, the application shall be denied, and there shall be no refund to the applicant. Note: Authority cited: Sections 208 and 25017, Health and Safety Code. Reference: Sections 25036, 25079, 25079.1, 25079.2 and 25079.3(b), Health and Safety Code. s 65700. Certified Playground Safety Inspector. "Certified Playground Safety Inspector" means an individual who has completed program requirements as a Certified Playground Safety Inspector as specified in Section 65750. Note: Authority cited: Sections 100275 and 115725, Health and Safety Code. Reference: Section 115725, Health and Safety Code. s 65700.2. Children. "Children" means individuals who are two years of age through twelve years of age. Note: Authority cited: Sections 100275 and 115725, Health and Safety Code. Reference: Section 115725, Health and Safety Code. s 65700.6. Operator. "Operator" means any entity which operates a playground open to the public, including a church, subdivision, hotel, motel, resort, camp, office, hospital, shopping center, child care setting, and restaurant and any public agency, state agency, city, county, city and county, school district, and any other district. Note: Authority cited: Sections 100275 and 115725, Health and Safety Code. Reference: Sections 115725 and 115735, Health and Safety Code. s 65700.8. Playground. "Playground" means an improved outdoor area designed, equipped, and set aside for children's play that is not intended for use as an athletic playing field or athletic court, and shall include all playground equipment, surfacing, fencing, signs, internal pathways, internal land forms, vegetation, and related structures. Note: Authority cited: Sections 100275 and 115725, Health and Safety Code. Reference: Sections 115725 and 115735, Health and Safety Code. s 65700.10. Playground Equipment. "Playground Equipment" means a fabricated structure intended primarily for play by children located at a playground which has at least one surface designated and intended for play by children and which is anchored to or built into the ground and not intended to be moved. Note: Authority cited: Sections 100275 and 115725, Health and Safety Code. Reference: Section 115725, Health and Safety Code. s 65700.12. Supervisor. "Supervisor" means an individual who has been hired or appointed by the operator, on a paid or volunteer basis, and trained by the operator to oversee the use of the playground, report hazards or injuries, and administer first aid in the case of injury. Note: Authority cited: Sections 100275 and 115725, Health and Safety Code. Reference: Sections 115725 and 115735, Health and Safety Code. s 65710. Operator Requirements. (a) Operators shall comply with the sections of the Handbook for Public Playground Safety (CPSC Handbook), Publication Number 325, U.S. Consumer Product Safety Commission November 1997, Date Code: 009711, (available from the Office of Information and Public Affairs, U.S. Consumer Product Safety Commission, Washington, D.C. 20207), and the sections of the Standard Consumer Safety Performance Specification for Playground Equipment for Public Use (ASTM Standard), Designation: F 1487 - 98, American Society for Testing and Materials, 1998 (available from the American Society for Testing and Materials, 100 Barr Harbor Dr., West Conshohocken, PA 19428), that relate to the design, installation, inspection, and maintenance of a playground and playground equipment, which are identified in this chapter and are hereby incorporated by reference. (b) Wherever the sections of the CPSC Handbook identified in this chapter make recommendations, they shall be understood as mandatory requirements for purposes of this chapter; for instance, wherever those sections use the term "should," it shall be understood as the term "shall"; wherever those sections use the term "recommend," it shall be understood as the term "require"; wherever those sections use the term "recommendation," it shall be understood as the term "requirement"; wherever those sections use the phrase "it is recommended," it shall be understood as the phrase "it is required"; wherever those sections use the phrase "it is not recommended," it shall be understood as the phrase "it is prohibited." Note: Authority cited: Sections 100275 and 115725, Health and Safety Code. Reference: Sections 115725 and 115735, Health and Safety Code. s 65715. Initial Inspection. Operators shall have an initial inspection of their playgrounds by a Certified Playground Safety Inspector by October 1, 2000. Based on the initial inspection, operators shall implement any changes in the design, installation, inspection, maintenance and supervision of their playgrounds that are identified as necessary to comply with the requirements established in this chapter. Operators shall upgrade their playgrounds by replacement or improvement to the extent required by Section 115730 of the Health and Safety Code. Note: Authority cited: Sections 100275 and 115725, Health and Safety Code. Reference: Sections 115725, 115730 and 115735, Health and Safety Code. s 65720. Design. Operators shall design or redesign playgrounds, locate or relocate playground equipment and routes of access to and from playgrounds, and surface or resurface portions of playgrounds to comply with the following requirements: (a) Section 4.2 of the CPSC Handbook - Critical Height (b) Section 4.3 of the CPSC Handbook - Fall Heights for Equipment (c) Section 4.4 of the CPSC Handbook - Equipment to Which Protective Surfacing Recommendations Do Not Apply (d) Section 5 of the CPSC Handbook - Use Zones for Equipment, in its entirety (e) Section 9 of the ASTM Standard - Playground Layout, in its entirety (f) Section 10 of the ASTM Standard - Accessibility, in its entirety (g) Section 11.2 of the ASTM Standard - Owner's/Operator's Responsibilities for Installation. Note: Authority cited: Sections 100275 and 115725, Health and Safety Code. Reference: Sections 115725 and 115735, Health and Safety Code. s 65725. Equipment and Materials. Operators shall provide playground equipment and surfacing materials that comply with the following requirements: (a) Section 8 of the CPSC Handbook - Materials of Manufacture and Construction, in its entirety (b) Section 9 of the CPSC Handbook - General Hazards, in its entirety (c) Section 10 of the CPSC Handbook - Stairways, Ladders and Handrails (including 10.1, General; 10.2.1, Rungs and Other Handgripping Components; 10.3, Handrails; 10.3.1, Handrail Height; 10.3.2, Handrail Diameter; and 10.4, Transition From Access to Platform), except for 10.2, Stairways and Ladders, which is excluded (d) Section 11 of the CPSC Handbook - Platforms, Guardrails and Protective Barriers, in its entirety (e) Section 12 of the CPSC Handbook - Major Types of Playground Equipment, except for 12.4.3, Slide Platforms, which is excluded (f) Section 4 of the ASTM Standard - Materials and Manufacture, in its entirety (g) Section 6 of the ASTM Standard - Performance Requirements, in its entirety (h) Section 7 of the ASTM Standard - Requirements for Access/Egress, in its entirety (i) Section 8 of the ASTM Standard - Equipment, except for 8.6, Swings, which is excluded (j) Section 14 of the ASTM Standard - Labeling, in its entirety Note: Authority cited: Sections 100275 and 115725, Health and Safety Code. Reference: Sections 115725 and 115735, Health and Safety Code. s 65730. Assembly and Installation. Operators shall have playground equipment assembled and installed in compliance with the written instructions of the manufacturer. Either the playground equipment shall be assembled and installed by or under the direct supervision of an individual who is authorized by the manufacturer to assemble and install the equipment or, prior to its first use, the playground equipment shall be inspected by a Certified Playground Safety Inspector who shall certify to the operator in writing that the equipment, insofar as it can be seen without disassembling it or digging into the surfacing, is in compliance with the requirements established in this chapter. Note: Authority cited: Sections 100275 and 115725, Health and Safety Code. Reference: Sections 115725 and 115735, Health and Safety Code. s 65735. Maintenance. Operators shall maintain and inspect the playground and playground equipment in accordance with Section 7.2 of the CPSC Handbook and Section 13 of the ASTM Standard. Note: Authority cited: Sections 100275 and 115725, Health and Safety Code. Reference: Sections 115725 and 115735, Health and Safety Code. s 65740. Training. Operators shall train their personnel involved in the design, installation, and maintenance of a playground by ensuring their personnel have read and understood the requirements established in this chapter, before participating in the design, installation or maintenance of a playground for which the personnel has responsibility. Note: Authority cited: Sections 100275 and 115725, Health and Safety Code. Reference: Sections 115725 and 115735, Health and Safety Code. s 65745. Supervision. Operators who provide supervision shall do so in accordance with Section 6.4 of the CPSC Handbook. Note: Authority cited: Sections 100275 and 115725, Health and Safety Code. Reference: Sections 115725 and 115730, Health and Safety Code. s 65750. Certified Playground Safety Inspector. A Certified Playground Safety Inspector shall possess a current Certified Playground Safety Inspector certificate issued by the National Playground Safety Institute (c/o National Parks and Recreation Association, 22377 Belmont Ridge Road, Ashburn, VA 20148, telephone: (703) 858-2148 or e-mail: info @nrpa.org). Note: Authority cited: Sections 100275 and 115725, Health and Safety Code. Reference: Section 115725, Health and Safety Code. s 65755. Child Care Center and Developmentally Disabled Facility Requirements. Operators of playgrounds in child care centers regulated by the California Department of Social Services (CDSS) pursuant to California Code of Regulations, Title 22, Division 12, Chapter 1, and facilities operated for the developmentally disabled, shall comply with the requirements established in this chapter. Note: Authority cited: Sections 100275 and 115725, Health and Safety Code. Reference: Sections 115725 and 115740, Health and Safety Code.