Section 64418 - General Provisions(a) Except for a proposed new community water system that does not have a domestic water supply permit, a public water system that meets the requirements of Health and Safety Code section 116380(a) may be permitted to use POUs in lieu of centralized treatment for the purpose of complying with one or more maximum contaminant levels or action levels in this Title, other than for microbial contaminants, volatile organic chemicals, organic chemicals that pose an inhalation risk, or radon, and as allowed under the state and federal Safe Drinking Water Acts, if: (1) the public water system meets the requirements of this Article and any applicable statutory requirements;(2) the public water system has: (A) applied for funding from any federal, state, or local agency to correct the system's violations, and(B) demonstrated to the State Board that centralized treatment for achieving compliance is not immediately economically feasible, as defined in section 64418.1;(3) the public water system has applied for a permit or permit amendment to use POUs. The duration of the permit or permit amendment issued will be in accordance with Health and Safety Code section 116552;(4) for a community water system, following a public hearing, the State Board determines pursuant to section 64418.6 that there is no substantial community opposition;(5) the public water system has a State Board-approved: (A) POU Treatment Strategy, as defined in section 64418.3,(B) POU Operations and Maintenance Program, as defined in section 64418.4, and(C) POU Monitoring Program, as defined in section 64418.5; and(6) the public water system ensures that each building and each dwelling unit connected to the public water system has a POU installed pursuant to this Article.(b) With State Board approval and without having to meet the requirement of paragraph (a)(6), a public water system may utilize POUs in lieu of centralized treatment for the purpose of reducing contaminant levels, other than microbial contaminants, volatile organic chemicals, or radon, to levels at or below one or more of the maximum contaminant levels or action levels in this Title, in the water it supplies to some or all of the persons it serves, but the public water system will not be deemed in compliance without meeting the requirement of paragraph (a)(6). A public water system's application for a permit to utilize POUs pursuant to this subsection may include a request that one or more of the requirements of this article be amended or eliminated to address the public water system's specific utilization, and such request may be granted or denied by the State Board.(c) Funding for centralized treatment is available when funding for centralized treatment, from any source, is received by, or otherwise placed under control of, the public water system.(d) As used in this article, the estimated cost for both centralized treatment and POU treatment shall be the complete life cycle cost for a similar period of time.Cal. Code Regs. Tit. 22, § 64418
1. New section filed as an emergency for filing and printing only on 4-1-2016; operative 4-1-2016 pursuant to Health and Safety Code (HSC) section 116380(b); exempt from the APA and OAL review pursuant to HSC section 116380(b). HSC section 116380(b) also provides that the regulations are to remain in effect until the earlier of January 1, 2018, or the effective date of regulations adopted by the State Board in accordance with HSC section 116380(a). (Register 2016, No. 14). For prior history, see Register 2015, No. 2.
2. Repeal and deletion by operation of Government Code section 11346.1(f) and (g) and Health and Safety Code section 116380(b)(2) (Register 2018, No. 1).
3. New section filed 3-22-2019; operative 3-22-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 12). Note: Authority cited: Sections 116271, 116275, 116350 and 116375, Health and Safety Code. Reference: Sections 116325, 116350, 116380 and 116552, Health and Safety Code.
1. New section filed 12-21-2010 as an emergency; operative 12-21-2010. Deemed to meet the emergency standard and submitted to OAL for file and print only pursuant to Health and Safety Code section 116380(b). Pursuant to Health and Safety Code section 116380(b)(2), effective until the earlier of 1-1-2014 or the effective date of regulations adopted pursuant to Health and Safety Code section 116380(a) (Register 2010, No. 52).
2. Amendment of first paragraph and subsections (a), (a)(6)-(7) and (a)(7)(C) and new subsection (a)(8) filed 9-22-2011 as an emergency; operative 9-22-2011. Deemed to meet the emergency standard and submitted to OAL for file and print only pursuant to Health and Safety Code section 116380(b). Pursuant to Health and Safety Code section 116380(b)(2), effective until the earlier of January 1, 2014 or the effective date of regulations adopted pursuant to Health and Safety Code section 116380(a) (Register 2011, No. 38).
3. New section filed 3-22-2019; operative 3/22/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 12).