CHAPTER 4. California Safe Drinking Water Act
Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6.
§§ 116270–116755 · 114 sections
ARTICLE 1. Pure and Safe Drinking Water §§ 116270–116293 · 11 sections
- § 116270 The Legislature finds and declares all of the following: (a) Every resident of California has the right to pure and safe drinking water. (b) Feasible and…
- § 116271 (a) The state board succeeds to and is vested with all of the authority, duties, powers, purposes, functions, responsibilities, and jurisdiction of the State…
- § 116275 As used in this chapter: (a) “Contaminant” means any physical, chemical, biological, or radiological substance or matter in water. (b) “Department” means the…
- § 116276 (a) The state board shall establish a program, in consultation with the State Department of Education, to award grants to local educational agencies for the…
- § 116277 (a) (1) When making outreach attempts to elementary schools and childcare facilities for the purposes of offering lead sampling in drinking water, pursuant to…
- § 116280 This chapter does not apply to a public water system that meets all of the following conditions: (a) Consists only of distribution and storage facilities and…
- § 116285 Before August 6, 1998, this chapter shall not apply to an irrigation canal system if the owner or operator of the system certifies to the department, and…
- § 116286 (a) A water district, as defined in subdivision (b), in existence prior to May 18, 1994, that provides primarily agricultural services through a piped water…
- § 116287 (a) The department, in implementing subdivision (s) of Section 116275 and Section 116286, shall place requirements on affected public water systems and water…
- § 116290 Before August 6, 1998, in areas where the water service rendered by a person is primarily agricultural, and domestic service is only incidental thereto, this…
- § 116293 (a) On January 1, 2003, the Office of Environmental Health Hazard Assessment shall perform a risk assessment and, based upon that risk assessment, shall adopt…
ARTICLE 2. Department and Local Responsibilities §§ 116325–116345 · 7 sections
- § 116325 The department shall be responsible for ensuring that all public water systems are operated in compliance with this chapter and any regulations adopted…
- § 116326 In administering programs to fund improvements and expansions of small community water systems, the department shall do all of the following: (a) Give priority…
- § 116330 (a) The department may delegate primary responsibility for the administration and enforcement of this chapter within a county to a local health officer…
- § 116335 (a) The public water systems serving the City of Maywood shall conduct, publish, and submit to the City of Maywood, the State Department of Public Health, the…
- § 116340 This chapter shall not apply to state small water systems except as provided under this section: (a) The state board shall adopt regulations specifying minimum…
- § 116341 (a) Except as provided in subdivision (e) and subject to subdivision (b), a public water system shall not be determined, held, considered, or otherwise deemed…
- § 116345 (a) The local health officer shall submit a report monthly to the department regarding the status of compliance with this chapter by the public water systems…
ARTICLE 3. Operations §§ 116350–116407 · 25 sections
- § 116350 (a) The department shall administer the provisions of this chapter and all other provisions relating to the regulation of drinking water to protect public…
- § 116355 (a) Once every five years the state board shall submit to the Legislature a comprehensive Safe Drinking Water Plan for California. (b) The Safe Drinking Water…
- § 116360 (a) The department shall take all reasonable measures it determines necessary to reduce the risk to public health from waterborne illnesses in drinking water…
- § 116361 (a) The Office of Environmental Health Hazard Assessment shall place a priority on the development of a public health goal for arsenic in drinking water,…
- § 116365 (a) The state board shall adopt primary drinking water standards for contaminants in drinking water that are based upon the criteria set forth in subdivision…
- § 116365.01 (a) (1) Notwithstanding any other provision of law or regulation, including Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2, and…
- § 116365.02 (a) The department may adopt, pursuant to subdivision (c) of Section 11346.2 of the Government Code, any rules and regulations promulgated pursuant to the…
- § 116365.03 The state board may adopt as an emergency regulation, a regulation, except a regulation that establishes maximum contaminant levels for primary and secondary…
- § 116365.2 (a) In conducting the periodic review and revision of public health goals pursuant to paragraph (1) of subdivision (e) of Section 116365, the Office of…
- § 116365.5 (a) The Department of Health Services shall commence the process for adopting a primary drinking water standard for hexavalent chromium that complies with the…
- § 116366 (a) No public water system, or its customers, shall be responsible for remediation or treatment costs associated with MTBE, or a product that contains MTBE,…
- § 116367.5 The department shall establish a Research Advisory Committee, which shall consist of 11 members. The department shall provide for the support staff and meeting…
- § 116370 On or before January 1, 1998, the department shall propose, hold a public hearing, and adopt a finding of the best available technology for each contaminant…
- § 116375 The department shall adopt regulations it determines to be necessary to carry out the purposes of this chapter. The regulations shall include, but not be…
- § 116376 (a) The state board, on or before July 1, 2020, shall adopt a definition of microplastics in drinking water. (b) The state board, on or before July 1, 2021,…
- § 116376.2 (a) The Office of Environmental Health Hazard Assessment shall study the health effects of microplastics, consistent with Section 116365, in drinking and…
- § 116377 The department may adopt emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the…
- § 116378 (a) The state board may order a public water system to monitor for perfluoroalkyl substances and polyfluoroalkyl substances, in accordance with conditions set…
- § 116380 (a) The State Water Resources Control Board shall adopt regulations governing the use of point-of-entry and point-of-use treatment by public water systems in…
- § 116385 (a) Any person operating a public water system shall obtain and provide at that person’s expense an analysis of the water to the state board, in the form,…
- § 116390 (a) No laboratory, other than a laboratory operated by the department, shall perform tests required pursuant to this chapter for any public water system…
- § 116395 (a) The Legislature finds and declares all of the following: (1) The large water system testing program has discovered chemical contamination of the state’s…
- § 116400 If the department determines that a public water system is subject to potential contamination, the department may, by order, require the public water system to…
- § 116405 (a) In counties with a population not exceeding 500,000 persons as shown by the 1970 federal decennial census, any public water system supplying both domestic…
- § 116407 (a) On or before January 1, 2020, the state board shall adopt standards for backflow protection and cross-connection control. (b) (1) The state board may…
ARTICLE 3.5. Fluoridation of Drinking Water §§ 116409–116415 · 3 sections
- § 116409 The Legislature finds and declares all of the following: (a) Promotion of the public health of Californians of all ages by protection and maintenance of dental…
- § 116410 (a) Each public water system with at least 10,000 service connections and with a natural level of fluorides that is less than the minimum established in the…
- § 116415 (a) (1) A public water system is not required to fluoridate pursuant to Section 116410, or the regulations adopted thereunder by the department, in any of the…
ARTICLE 3.6. Constituents of Emerging Concern Action Fund §§ 116416–116424 · 9 sections
- § 116416 For purposes of this article, the following definitions apply: (a) “CEC” means a constituent of emerging concern. (b) “Panel” means the Science Advisory Panel…
- § 116417 (a) The state board shall build upon its existing work dealing with, and work to improve its knowledge of, CECs in waters of the state and drinking water. As…
- § 116418 (a) The deputy director may convene a Science Advisory Panel for CECs in drinking water. (b) (1) The panel may include at least nine members comprised of the…
- § 116419 (a) The panel shall serve at the direction of the deputy director. At the deputy director’s request, the panel’s duties may include, but are not limited to,…
- § 116420 (a) If the state board imposes CEC monitoring requirements pursuant to Section 116375, the state board may provide financial assistance, upon appropriation by…
- § 116421 The Legislature finds and declares that the program is intended to help inform the deputy director in recommending regulatory determinations for CECs and is…
- § 116422 (a) The CEC Action Fund is hereby established in the State Treasury. The state board shall administer the CEC Action Fund. (b) All moneys deposited in the CEC…
- § 116423 (a) The program shall provide opportunities for public participation. Public participation may include, but is not limited to, conducting periodic stakeholder…
- § 116424 Implementation of this article is contingent upon an appropriation by the Legislature for purposes of this article in the annual Budget Act or another statute.
ARTICLE 4. Exemptions and Variances §§ 116425–116430 · 2 sections
- § 116425 (a) The state board may exempt a public water system from a maximum contaminant level or treatment technique requirement if it finds all the following: (1) The…
- § 116430 (a) The department may grant a variance or variances from primary drinking water standards to a public water system. Any variance granted pursuant to this…
ARTICLE 5. Public Notification §§ 116450–116485 · 10 sections
- § 116450 (a) When any primary drinking water standard specified in the department’s regulations is not complied with, when a monitoring requirement specified in the…
- § 116451 If user notification is required pursuant to Section 116450, the department shall make a reasonable effort to ensure that notification is given.
- § 116455 (a) A public water system shall comply with the requirements of this section within 30 days after it is first informed of a confirmed detection of a…
- § 116456 (a) When establishing or revising a notification level or response level, the state board shall do all of the following: (1) Electronically post on its…
- § 116460 (a) A person shall not operate a public water system without an emergency notification plan that has been submitted to and approved by the department. The…
- § 116465 Upon formal complaint by the director alleging that additional facilities are necessary to provide the users of a public water system operated by a public…
- § 116470 (a) As a condition of its operating permit, every public water system shall annually prepare a consumer confidence report and mail or deliver a copy of that…
- § 116475 (a) The Emergency Clean Water Grant Fund is hereby established in the General Fund and, notwithstanding Section 13340 of the Government Code, is continuously…
- § 116480 (a) The department shall expend moneys available in the Emergency Clean Water Grant Fund only for the purpose of taking corrective action necessary to remedy…
- § 116485 Any remedial action taken or contracted for by the department pursuant to Section 116480 shall be exempt from the following provisions: (a) State Contract Act…
ARTICLE 6. Enforcement Responsibility § 116500 · 1 section
- § 116500 This chapter shall be enforced directly by the department for all public water systems, including state small water systems, in any county that does not have a…
ARTICLE 7. Requirements and Compliance §§ 116525–116596 · 18 sections
- § 116525 (a) No person shall operate a public water system unless he or she first submits an application to the department and receives a permit as provided in this…
- § 116527 (a) As used in this section, “water-related improvement” includes, but is not limited to, a water pipe, a water pump, or drinking water infrastructure. (b) (1)…
- § 116530 (a) A public water system shall submit a technical report to the state board as part of the permit application or when otherwise required by the state board.…
- § 116535 Upon determination that an application submitted pursuant to this chapter is complete, the department shall make a thorough investigation of the proposed or…
- § 116540 (a) Following completion of the investigation and satisfaction of the requirements of paragraphs (1) and (2), the state board shall issue or deny the permit.…
- § 116545 Prior to the issuance of any new, revised, renewed, or amended permit, or the denial of a permit, the department may conduct a public hearing to obtain…
- § 116550 (a) No person operating a public water system shall modify, add to or change his or her source of supply or method of treatment of, or change his or her…
- § 116551 The state board shall not issue a permit to a public water system or amend a valid existing permit for the use of a reservoir as a source of supply that is…
- § 116552 The State Water Resources Control Board shall not issue a permit to a public water system or amend a valid existing permit to allow the use of point-of-use or…
- § 116555 (a) Any person who owns a public water system shall ensure that the system does all of the following: (1) Complies with primary and secondary drinking water…
- § 116555.5 A public water system shall implement a cross-connection control program that complies with applicable regulations and with standards adopted by the board…
- § 116556 Notwithstanding subdivision (c) of Section 116555 and its implementing regulations, including Sections 64562 and 64568 of the California Code of Regulations,…
- § 116565 (a) Each public water system shall submit an annual fee according to a fee schedule established by the state board pursuant to subdivision (c) for the purpose…
- § 116577 (a) Each person shall reimburse the state board for actual costs incurred by the state board for any of the following enforcement activities related to that…
- § 116585 In a civil court action brought to enforce this chapter, the prevailing party or parties shall be awarded litigation costs, including, but not limited to,…
- § 116590 (a) Funds received by the state board pursuant to this chapter shall be deposited into the Safe Drinking Water Account, which is hereby established, and shall…
- § 116595 (a) A public water system under the jurisdiction of a local primacy agency shall reimburse the local primacy agency for any enforcement cost incurred by the…
- § 116596 (a) The state board shall require a public water system that has experienced a wildfire event of 300 acres or more, if the event damaged or destroyed a…
ARTICLE 7.2. Technical, Managerial, and Financial Standards §§ 116600–116601 · 2 sections
- § 116600 (a) The state board shall develop and adopt minimum standards in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340)…
- § 116601 (a) Community water systems serving fewer than 10,000 people or 3,300 service connections and nontransient noncommunity water systems that serve K–12 schools…
ARTICLE 7.5. MTBE Detection § 116610 · 1 section
- § 116610 (a) This article shall be known, and may be cited, as the Local Drinking Water Protection Act. (b) For purposes of this article, “MTBE” means methyl…
ARTICLE 7.5. MTBE Detection § 116612 · 1 section
- § 116612 On or before January 1, 1999, the California Drinking Water and Toxic Enforcement Act scientific advisory panel shall make a recommendation to the Office of…
ARTICLE 8. Violations § 116625 · 1 section
- § 116625 (a) The state board, after providing notice to the permittee and opportunity for a hearing, may suspend or revoke any permit issued pursuant to this chapter if…
ARTICLE 9. Remedies §§ 116650–116688 · 13 sections
- § 116650 (a) If the state board determines that a person is in violation of this chapter or any regulation, permit, standard, citation, or order issued or adopted…
- § 116655 (a) Whenever the state board determines that any person has violated or is violating this chapter, or any order, permit, regulation, or standard issued or…
- § 116660 (a) Any person who operates a public water system without having an unrevoked permit to do so, may be enjoined from so doing by any court of competent…
- § 116665 Whenever the department determines that any public water system is unable or unwilling to adequately serve its users, has been actually or effectively…
- § 116670 Anything done, maintained, or suffered as a result of failure to comply with any primary drinking water standard is a public nuisance dangerous to health, and…
- § 116675 Notwithstanding Sections 116340 and 116500, the department shall, after adequate notification of the local health officer, take action authorized by this…
- § 116680 The Legislature finds and declares as follows: (a) It is the policy of the state to encourage orderly growth and development, which are essential to the…
- § 116681 The following definitions shall apply to this section and Sections 116682, 116684, 116686, and 116688: (a) “Adequate supply” means sufficient water to meet…
- § 116682 (a) (1) The state board, in circumstances described in subparagraph (A) or (B), may order consolidation with a receiving water system as provided in this…
- § 116684 (a) Liability of a consolidated water system, wholesaler, or any other agency in the chain of distribution that delivers water to a consolidated water system…
- § 116686 (a) (1) To provide an adequate supply of affordable, safe drinking water to disadvantaged communities, voluntary participants, and public water systems that…
- § 116687 (a) For purposes of this section, the following terms have the following meanings: (1) “District” means the Sativa-Los Angeles County Water District. (2)…
- § 116688 (a) For the purposes of this section, “testing program” means a program that provides domestic well testing for one or more primary or secondary drinking water…
ARTICLE 10. Judicial Review §§ 116700–116701 · 2 sections
- § 116700 (a) Within 30 days after service of a copy of a decision or order issued by the state board, an aggrieved party may file with the superior court a petition for…
- § 116701 (a) (1) Within 30 days of issuance of an order or decision under authority delegated to an officer or employee of the state board under Article 8 (commencing…
ARTICLE 11. Crimes and Penalties §§ 116725–116751 · 7 sections
- § 116725 (a) Any person who knowingly makes any false statement or representation in any application, record, report, or other document submitted, maintained, or used…
- § 116730 (a) Any person who knowingly does any of the following acts may, upon conviction, be punished by a fine of not more than twenty-five thousand dollars ($25,000)…
- § 116735 (a) (1) In order to carry out the purposes of this chapter, a duly authorized representative of the state board may, at a reasonable hour of the day, do any of…
- § 116740 If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order, the Attorney General or the district attorney…
- § 116745 The remedies provided by this chapter are cumulative and shall not be construed as restricting any remedy, provisional or otherwise, provided by law for the…
- § 116750 (a) Any person who tampers with a public water system is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170…
- § 116751 The Department of Fish and Wildlife shall not introduce a poison to a drinking water supply for purposes of fisheries management unless the state board…
ARTICLE 12. Board Member Training § 116755 · 1 section
- § 116755 (a) Each board member of a mutual water company that operates a public water system, as defined in Section 116275, shall, within six months of taking office,…