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"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 thethirty days prior to application for a variance, water entering the distribution system has: (continued)