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(continued)
(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
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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
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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. (continued)