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 chapter. A change in ownership of a
public water system shall require the submission of a new
application.
(b) The department may require a new application whenever a change
in regulatory jurisdiction has occurred.
(c) The department may renew, reissue, revise, or amend any
domestic water supply permit whenever the department deems it to be
necessary for the protection of public health whether or not an
application has been filed.
116530. A public water system shall submit a technical report to
the department as part of the permit application or when otherwise
required by the department. This report may include, but not be
limited to, detailed plans and specifications, water quality
information, and physical descriptions of the existing or proposed
system, and financial assurance information.
116535. Upon determination that an application submitted pursuant
to this chapter is complete, the department shall make a thorough
investigation of the proposed or existing plant, works, system, or
water supply, and all other circumstances and conditions that it
deems material, including any required financial assurance
information.
116540. Following completion of the investigation and satisfaction
of the requirements of subdivisions (a) and (b), the department shall
issue or deny the permit. The department may impose permit
conditions, requirements for system improvements, and time schedules
as it deems necessary to ensure a reliable and adequate supply of
water at all times that is pure, wholesome, potable, and does not
endanger the health of consumers.
(a) No public water system that was not in existence on January 1,
1998, shall be granted a permit unless the system demonstrates to
the department that the water supplier possesses adequate financial,
managerial, and technical capability to ensure the delivery of pure,
wholesome, and potable drinking water. This section shall also apply
to any change of ownership of a public water system that occurs after
January 1, 1998.
(b) No permit under this chapter shall be issued to an association
organized under Title 3 (commencing with Section 18000) of the
Corporations Code. This section shall not apply to unincorporated
associations that as of December 31, 1990, are holders of a permit
issued under this chapter.
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 additional public comment. Notice of the
hearing shall be provided to the applicant and interested persons at
least 30 days prior to the hearing. The department may require the
applicant to distribute the notice of the hearing to affected
consumers.
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 distribution system as authorized by a valid
existing permit issued to him or her by the department unless the
person first submits an application to the department and receives an
amended permit as provided in this chapter authorizing the
modification, addition, or change in his or her source of supply or
method of treatment.
(b) Unless otherwise directed by the department, changes in
distribution systems may be made without the submission of a permit
application if the changes comply in all particulars with the
waterworks standards.
116551. The department 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 directly augmented with recycled water,
as defined in subdivision (n) of Section 13050 of the Water Code,
unless the department does all of the following:
(a) Performs an engineering evaluation that evaluates the proposed
treatment technology and finds that the proposed technology will
ensure that the recycled water meets or exceeds all applicable
primary and secondary drinking water standards and poses no
significant threat to public health.
(b) Holds at least three duly noticed public hearings in the area
where the recycled water is proposed to be used or supplied for human
consumption to receive public testimony on that proposed use. The
department shall make available to the public, not less than 10 days
prior to the date of the first hearing held pursuant to this
subdivision, the evaluations and findings made pursuant to
subdivision (a).
116552. The department shall not issue a permit to a public water
system or amend a valid existing permit to allow the use of
point-of-use treatment unless the department determines, after
conducting a public hearing in the community served by the public
water system, that there is no substantial community opposition to
the installation of point-of-use treatment devices. The issuance of a
permit pursuant to this section shall be limited to not more than
three years or until funding for centralized treatment is available,
whichever occurs first.
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 standards.
(2) Will not be subject to backflow under normal operating
conditions.
(3) Provides a reliable and adequate supply of pure, wholesome,
healthful, and potable water.
(4) Employs or utilizes only water treatment operators or water
treatment operators-in-training that have been certified by the
department at the appropriate grade.
(5) Complies with the operator certification program established
pursuant to Chapter 4 (commencing with Section 106875).
(b) Any person who owns a community water system or a nontransient
noncommunity water system shall do all of the following:
(1) Employ or utilize only water distribution system operators who
have been certified by the department at the appropriate grade for
positions in responsible charge of the distribution system.
(2) Place the direct supervision of the water system, including
water treatment plants, water distribution systems, or both under the
responsible charge of an operator or operators holding a valid
certification equal to or greater than the classification of the
treatment plant and the distribution system.
116556. Notwithstanding subdivision (c) of Section 116555 and its
implementing regulations, including Sections 64562 and 64568 of the
California Code of Regulations, the Redwood Valley County Water
District, in order to relieve hardship, may make not more than 135
new 3/4-inch equivalent domestic service connections to its water
system if all of the following conditions are met:
(a) The district has a contract, agreement, or independent water
right to divert water from Lake Mendocino or another adequate source
of water supply.
(b) Redwood Valley is an allowed place of use under that contract,
agreement, or water right.
(c) The department has determined that the water source provides
an adequate physical supply of water under its duly adopted
waterworks standards.
(d) The connection will relieve hardship, as determined by the
district based on objective proof that the structure served by the
connection was constructed prior to December 31, 1997, and absent a
connection, only has access to a water supply that furnishes an
inadequate quality or quantity of water as measured by drinking water
standards adopted by the district.
(e) The connections authorized by this section are in addition to
connections otherwise allowed by law, including connections
authorized by Section 116555.
116565. (a) Each public water system serving 1,000 or more service
connections and any public water system that treats water on behalf
of one or more public water systems for the purpose of rendering it
safe for human consumption, shall reimburse the department for actual
cost incurred by the department for conducting those activities
mandated by this chapter relating to the issuance of domestic water
supply permits, inspections, monitoring, surveillance, and water
quality evaluation that relate to that specific public water system.
The amount of reimbursement shall be sufficient to pay, but in no
event shall exceed, the department's actual cost in conducting these
activities.
(b) Each public water system serving less than 1,000 service
connections shall pay an annual drinking water operating fee to the
department as set forth in this subdivision for costs incurred by the
department for conducting those activities mandated by this chapter
relating to inspections, monitoring, surveillance, and water quality
evaluation relating to public water systems. The total amount of fees
shall be sufficient to pay, but in no event shall exceed, the
department's actual cost in conducting these activities.
Notwithstanding adjustment of actual fees collected pursuant to
Section 100425 as authorized pursuant to subdivision (d) of Section
106590, the amount that shall be paid annually by a public water
system pursuant to this section shall be as follows:
(1) Community water systems, six dollars ($6) per service
connection, but not less than two hundred fifty dollars ($250) per
water system, which may be increased by the department, as provided
for in subdivision (f), to ten dollars ($10) per service connection,
but not less than two hundred fifty dollars ($250) per water system.
(2) Nontransient noncommunity water systems pursuant to
subdivision (k) of Section 116275, two dollars ($2) per person
served, but not less than four hundred fifty-six dollars ($456) per
water system, which may be increased by the department, as provided
for in subdivision (f), to three dollars ($3) per person served, but
not less than four hundred fifty-six dollars ($456) per water system.
(3) Transient noncommunity water systems pursuant to subdivision
(k) of Section 116275, eight hundred dollars ($800) per water system,
which may be increased by the department, as provided for in
subdivision (f), to one thousand three hundred thirty-five dollars
($1,335) per water system.
(4) Noncommunity water systems exempted pursuant to Section
116282, one hundred two dollars ($102) per water system.
(c) For purposes of determining the fees provided for in
subdivision (a), the department shall maintain a record of its actual
costs for pursuing the activities specified in subdivision (a)
relative to each system required to pay the fees. The fee charged
each system shall reflect the department's actual cost, or in the
case of a local primacy agency the local primacy agency's actual
cost, of conducting the specified activities.
(d) The department shall submit an invoice for cost reimbursement
for the activities specified in subdivision (a) to the public water
systems no more than twice a year.
(1) The department shall submit one estimated cost invoice to
public water systems serving 1,000 or more service connections and
any public water system that treats water on behalf of one or more
public water systems for the purpose of rendering it safe for human
consumption. This invoice shall include the actual hours expended
during the first six months of the fiscal year. The hourly cost rate
used to determine the amount of the estimated cost invoice shall be
the rate for the previous fiscal year.
(2) The department shall submit a final invoice to the public
water system prior to October 1 following the fiscal year that the
costs were incurred. The invoice shall indicate the total hours
expended during the fiscal year, the reasons for the expenditure, the
hourly cost rate of the department for the fiscal year, the
estimated cost invoice, and payments received. The amount of the
final invoice shall be determined using the total hours expended
during the fiscal year and the actual hourly cost rate of the
department for the fiscal year. The payment of the estimated invoice,
exclusive of late penalty, if any, shall be credited toward the
final invoice amount.
(3) Payment of the invoice issued pursuant to paragraphs (1) and
(2) shall be made within 90 days of the date of the invoice. Failure
to pay the amount of the invoice within 90 days shall result in a
10-percent late penalty that shall be paid in addition to the
invoiced amount.
(e) Any public water system under the jurisdiction of a local
primacy agency shall pay the fees specified in this section to the
local primacy agency in lieu of the department. This section shall
not preclude a local health officer from imposing additional fees
pursuant to Section 101325.
(f) The department may increase the fees established in
subdivision (b) as follows:
(1) By February 1 of the fiscal year prior to the fiscal year for
which fees are proposed to be increased, the department shall publish
a list of fees for the following fiscal year and a report showing
the calculation of the amount of the fees.
(2) The department shall make the report and the list of fees
available to the public by submitting them to the Legislature and
posting them on the department's Internet Web site.
(3) The department shall establish the amount of fee increases
subject to the approval and appropriation by the Legislature.
116570. (a) Each public water system serving less than 1,000
service connections applying for a domestic water supply permit
pursuant to Section 116525 or 116550 shall pay a permit application
processing fee to the department. Payment of the fee shall accompany
the application for the permit or permit amendment.
(b) The amount of the permit application fee required under
subdivision (a) shall be as follows:
(1) A new community water system for which no domestic water
supply permits have been previously issued by the department shall
pay an application fee of five hundred dollars ($500).
(2) A new noncommunity water system for which no domestic water
supply permits have been previously issued by the department shall
pay an application fee of three hundred dollars ($300).
(3) An existing public water system applying for an amendment to a
domestic water supply permit due to a change in ownership shall pay
an application fee of one hundred fifty dollars ($150).
(4) An existing public water system applying for an amendment to a
domestic water supply permit due to an addition or modification of
the source of supply, or an addition or change in the method of
treatment of the water supply shall pay an application fee of two
hundred fifty dollars ($250).
(c) Any public water system under the jurisdiction of a local
primacy agency shall pay the permit application fees specified in
this section to the local primacy agency in lieu of the department.
116577. (a) Each public water system shall reimburse the department
for actual costs incurred by the department for any of the following
enforcement activities related to that water system:
(1) Preparing, issuing, and monitoring compliance with, an order
or a citation.
(2) Preparing and issuing public notification.
(3) Conducting a hearing pursuant to Section 116625.
(b) The department shall submit an invoice for these enforcement
costs to the public water system that requires payment prior to
September 1 of the fiscal year following the fiscal year in which the
costs were incurred. The invoice shall indicate the total hours
expended, the reasons for the expenditure, and the hourly cost rate
of the department. The costs set forth in the invoice shall not
exceed the total actual costs to the department of enforcement
activities specified in this section.
(c) Notwithstanding the reimbursement of enforcement costs of the
local primacy agency pursuant to subdivision (a) of Section 116595 by
public water systems under the jurisdiction of the local primacy
agency, public water systems shall also reimburse enforcement costs,
if any, incurred by the department pursuant to this section.
(d) "Enforcement costs" as used in this section does not include
"litigation costs" pursuant to Section 116585.
(e) The department shall not be entitled to enforcement costs
pursuant to this section if either a court or the department
determines that enforcement activities were in error.
(f) The maximum reimbursement, pursuant to this section, by a
public water system serving less than 1,000 service connections
during any fiscal year shall not exceed one thousand dollars ($1,000)
or twice the maximum for that public water system as set forth in
subdivision (c) of Section 116565, whichever is greater.
116580. (a) Each public water system that requests an exemption,
plan review, variance, or waiver of any applicable requirement of
this chapter or any regulation adopted pursuant to this chapter,
shall reimburse the department for actual costs incurred by the
department in processing the request.
(b) The department shall submit an invoice to the water system
prior to October 1 of the fiscal year following the fiscal year in
which the department's decision was rendered with respect to the
request for a plan review, exemption, variance, or waiver. The
invoice shall indicate the number of hours expended by the department
and the department's hourly cost rate. Payment of the fee shall be
made within 120 days of the date of the invoice. The department may
revoke any approval of a request for an exemption, variance, or
waiver for failure to pay the required fees.
(c) Notwithstanding subdivisions (a) and (b), requests for, and
reimbursement of actual costs for, an exemption, variance, or waiver
for public water systems under the jurisdiction of the local primacy
agency shall, instead, be submitted to the local primacy agency
pursuant to subdivision (c) of Section 116595.
116585. In any civil court action brought to enforce this chapter,
the prevailing party or parties shall be awarded litigation costs,
including, but not limited to, salaries, benefits, travel expenses,
operating equipment, administrative, overhead, other litigation
costs, and attorney's fees, as determined by the court. Litigation
costs awarded to the department by the court shall be deposited into
the Safe Drinking Water Account. Litigation costs awarded to a local
primacy agency by the court shall be used by that local primacy
agency to offset the local primacy agency's litigation costs.
116590. (a) All funds received by the department pursuant to this
chapter, including, but not limited to, all civil penalties collected
by the department pursuant to Article 9 (commencing with Section
116650) and Article 11 (commencing with Section 116725), shall be
deposited into the Safe Drinking Water Account that is hereby
established. Funds in the Safe Drinking Water Account may not be
expended for any purpose other than as set forth in this chapter. All
moneys collected by the department pursuant to Sections 116565 to
116600, inclusive, shall be deposited into the Safe Drinking Water
Account for use by the department, upon appropriation by the
Legislature, for the purpose of providing funds necessary to
administer this chapter.
(b) The department's hourly cost rate used to determine the
reimbursement for actual costs pursuant to Sections 116565, 116577,
and 116580 shall be based upon the department's salaries, benefits,
travel expense, operating, equipment, administrative support, and
overhead costs.
(c) Notwithstanding Section 6103 of the Government Code, each
public water system operating under a permit issued pursuant to this
chapter shall pay the fees set forth in this chapter. A public water
system shall be permitted to collect a fee from its customers to
recover the fees paid pursuant to this chapter.
(d) The fees collected pursuant to subdivision (b) of Section
116565 and subdivision (b) of Section 116570 shall be adjusted
annually pursuant to Section 100425, and the adjusted fee amounts
shall be rounded off to the nearest whole dollar.
(e) Fees assessed pursuant to this chapter shall not exceed actual
costs to either the department or the local primacy agency, as the
case may be, related to the public water systems assessed the fees.
(f) In no event shall the total amount of funds received pursuant
to subdivision (a) of Section 116565, and subdivision (a) of Section
116577 from public water systems serving 1,000 or more service
connections exceed the following:
(1) For the 2001-02 fiscal year, seven million dollars
($7,000,000).
(2) For the 2002-03 fiscal year and subsequent fiscal years, the
total amount of funds shall not increase by more than 5 percent of
the amount collected for the previous fiscal year.
(g) The department shall develop a time accounting standard
designed to do all of the following:
(1) Provide accurate time accounting.
(2) Provide accurate invoicing based upon hourly rates comparable
to private sector professional classifications and comparable rates
charged by other states for comparable services. These rates shall be
applied against the time spent by the actual individuals who perform
the work.
(3) Establish work standards that address work tasks, timing,
completeness, limits on redirection of effort, and limits on the time
spent in the aggregate for each activity.
(4) Establish overhead charge-back limitations, including, but not
limited to, charge-back limitations on charges relating to
reimbursement of services provided to the department by other
departments and agencies of the state, that reasonably relate to the
performance of the function.
(5) Provide appropriate invoice controls.
116595. (a) Any public water system under the jurisdiction of a
local primacy agency shall reimburse the local primacy agency for any
enforcement cost incurred by the local primacy agency related to any
of the following relating to that water system:
(1) Preparing, issuing, and monitoring compliance with, an order
or a citation.
(2) Preparing and issuing public notification.
(3) Conducting a hearing pursuant to Section 116625.
The local primacy agency shall submit an invoice to the public
water system that requires payment, prior to September 1 of the
fiscal year following the fiscal year in which the costs were
incurred. The invoice shall indicate the total hours expended, the
reasons for the expenditure, and the hourly cost rate of the local
primacy agency. The invoice shall not exceed the total costs to the
local primacy agency of enforcement activities specified in this
subdivision. Notwithstanding the reimbursement to the department of
enforcement costs, if any, pursuant to Section 116577, any public
water system under the jurisdiction of the local primacy agency shall
also reimburse the local primacy agency for enforcement costs
incurred by the local primacy agency pursuant to this section. The
local primacy agency shall not be entitled to enforcement costs
pursuant to this subdivision if either a court or the local primacy
agency determines that enforcement activities were in error.
"Enforcement costs" as used in this subdivision does not include
"litigation costs" as used in subdivision (d). The maximum
reimbursement, pursuant to this subdivision, by a public water system
serving less than 1,000 service connections during any fiscal year
shall not exceed twice the maximum for that public water system as
set forth in subdivision (c) of Section 116565.
(b) The local primacy agency may adopt a fee schedule for the
processing of applications for a domestic water supply permit,
submitted pursuant to subdivision (c) of Section 116570 by a public
water system under the jurisdiction of the local primacy agency, in
lieu of the fee schedule set forth in subdivision (b) of Section
116570, to recover its cost of processing the permit applications as
specified in the primacy agreement. The fee shall not exceed the
total costs to the local primacy agency of processing the permit
application.
(c) Any public water system under the jurisdiction of a local
primacy agency that requests an exemption, variance, or waiver of any
applicable requirement of this chapter, or any regulation of the
department adopted pursuant to this chapter, shall submit the request
to the local primacy agency and shall reimburse the local primacy
agency for any costs incurred by the local primacy agency in
processing the request.
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 chapter. A change in ownership of a
public water system shall require the submission of a new
application.
(b) The department may require a new application whenever a change
in regulatory jurisdiction has occurred.
(c) The department may renew, reissue, revise, or amend any
domestic water supply permit whenever the department deems it to be
necessary for the protection of public health whether or not an
application has been filed.
116530. A public water system shall submit a technical report to
the department as part of the permit application or when otherwise
required by the department. This report may include, but not be
limited to, detailed plans and specifications, water quality
information, and physical descriptions of the existing or proposed
system, and financial assurance information.
116535. Upon determination that an application submitted pursuant
to this chapter is complete, the department shall make a thorough
investigation of the proposed or existing plant, works, system, or
water supply, and all other circumstances and conditions that it
deems material, including any required financial assurance
information.
116540. Following completion of the investigation and satisfaction
of the requirements of subdivisions (a) and (b), the department shall
issue or deny the permit. The department may impose permit
conditions, requirements for system improvements, and time schedules
as it deems necessary to ensure a reliable and adequate supply of
water at all times that is pure, wholesome, potable, and does not
endanger the health of consumers.
(a) No public water system that was not in existence on January 1,
1998, shall be granted a permit unless the system demonstrates to
the department that the water supplier possesses adequate financial,
managerial, and technical capability to ensure the delivery of pure,
wholesome, and potable drinking water. This section shall also apply
to any change of ownership of a public water system that occurs after
January 1, 1998.
(b) No permit under this chapter shall be issued to an association
organized under Title 3 (commencing with Section 18000) of the
Corporations Code. This section shall not apply to unincorporated
associations that as of December 31, 1990, are holders of a permit
issued under this chapter.
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 additional public comment. Notice of the
hearing shall be provided to the applicant and interested persons at
least 30 days prior to the hearing. The department may require the
applicant to distribute the notice of the hearing to affected
consumers.
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 distribution system as authorized by a valid
existing permit issued to him or her by the department unless the
person first submits an application to the department and receives an
amended permit as provided in this chapter authorizing the
modification, addition, or change in his or her source of supply or
method of treatment.
(b) Unless otherwise directed by the department, changes in
distribution systems may be made without the submission of a permit
application if the changes comply in all particulars with the
waterworks standards.
116551. The department 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 directly augmented with recycled water,
as defined in subdivision (n) of Section 13050 of the Water Code,
unless the department does all of the following:
(a) Performs an engineering evaluation that evaluates the proposed
treatment technology and finds that the proposed technology will
ensure that the recycled water meets or exceeds all applicable
primary and secondary drinking water standards and poses no
significant threat to public health.
(b) Holds at least three duly noticed public hearings in the area
where the recycled water is proposed to be used or supplied for human
consumption to receive public testimony on that proposed use. The
department shall make available to the public, not less than 10 days
prior to the date of the first hearing held pursuant to this
subdivision, the evaluations and findings made pursuant to
subdivision (a).
116552. The department shall not issue a permit to a public water
system or amend a valid existing permit to allow the use of
point-of-use treatment unless the department determines, after
conducting a public hearing in the community served by the public
water system, that there is no substantial community opposition to
the installation of point-of-use treatment devices. The issuance of a
permit pursuant to this section shall be limited to not more than
three years or until funding for centralized treatment is available,
whichever occurs first.
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 standards.
(2) Will not be subject to backflow under normal operating
conditions.
(3) Provides a reliable and adequate supply of pure, wholesome,
healthful, and potable water.
(4) Employs or utilizes only water treatment operators or water
treatment operators-in-training that have been certified by the
department at the appropriate grade.
(5) Complies with the operator certification program established
pursuant to Chapter 4 (commencing with Section 106875).
(b) Any person who owns a community water system or a nontransient
noncommunity water system shall do all of the following:
(1) Employ or utilize only water distribution system operators who
have been certified by the department at the appropriate grade for
positions in responsible charge of the distribution system.
(2) Place the direct supervision of the water system, including
water treatment plants, water distribution systems, or both under the
responsible charge of an operator or operators holding a valid
certification equal to or greater than the classification of the
treatment plant and the distribution system.
116556. Notwithstanding subdivision (c) of Section 116555 and its
implementing regulations, including Sections 64562 and 64568 of the
California Code of Regulations, the Redwood Valley County Water
District, in order to relieve hardship, may make not more than 135
new 3/4-inch equivalent domestic service connections to its water
system if all of the following conditions are met:
(a) The district has a contract, agreement, or independent water
right to divert water from Lake Mendocino or another adequate source
of water supply.
(b) Redwood Valley is an allowed place of use under that contract,
agreement, or water right.
(c) The department has determined that the water source provides
an adequate physical supply of water under its duly adopted
waterworks standards.
(d) The connection will relieve hardship, as determined by the
district based on objective proof that the structure served by the
connection was constructed prior to December 31, 1997, and absent a
connection, only has access to a water supply that furnishes an
inadequate quality or quantity of water as measured by drinking water
standards adopted by the district.
(e) The connections authorized by this section are in addition to
connections otherwise allowed by law, including connections
authorized by Section 116555.
116565. (a) Each public water system serving 1,000 or more service
connections and any public water system that treats water on behalf
of one or more public water systems for the purpose of rendering it
safe for human consumption, shall reimburse the department for actual
cost incurred by the department for conducting those activities
mandated by this chapter relating to the issuance of domestic water
supply permits, inspections, monitoring, surveillance, and water
quality evaluation that relate to that specific public water system.
The amount of reimbursement shall be sufficient to pay, but in no
event shall exceed, the department's actual cost in conducting these
activities.
(b) Each public water system serving less than 1,000 service
connections shall pay an annual drinking water operating fee to the
department as set forth in this subdivision for costs incurred by the
department for conducting those activities mandated by this chapter
relating to inspections, monitoring, surveillance, and water quality
evaluation relating to public water systems. The total amount of fees
shall be sufficient to pay, but in no event shall exceed, the
department's actual cost in conducting these activities.
Notwithstanding adjustment of actual fees collected pursuant to
Section 100425 as authorized pursuant to subdivision (d) of Section
106590, the amount that shall be paid annually by a public water
system pursuant to this section shall be as follows:
(1) Community water systems, six dollars ($6) per service
connection, but not less than two hundred fifty dollars ($250) per
water system, which may be increased by the department, as provided
for in subdivision (f), to ten dollars ($10) per service connection,
but not less than two hundred fifty dollars ($250) per water system.
(2) Nontransient noncommunity water systems pursuant to
subdivision (k) of Section 116275, two dollars ($2) per person
served, but not less than four hundred fifty-six dollars ($456) per
water system, which may be increased by the department, as provided
for in subdivision (f), to three dollars ($3) per person served, but
not less than four hundred fifty-six dollars ($456) per water system.
(3) Transient noncommunity water systems pursuant to subdivision
(k) of Section 116275, eight hundred dollars ($800) per water system,
which may be increased by the department, as provided for in
subdivision (f), to one thousand three hundred thirty-five dollars
($1,335) per water system.
(4) Noncommunity water systems exempted pursuant to Section
116282, one hundred two dollars ($102) per water system.
(c) For purposes of determining the fees provided for in
subdivision (a), the department shall maintain a record of its actual
costs for pursuing the activities specified in subdivision (a)
relative to each system required to pay the fees. The fee charged
each system shall reflect the department's actual cost, or in the
case of a local primacy agency the local primacy agency's actual
cost, of conducting the specified activities.
(d) The department shall submit an invoice for cost reimbursement
for the activities specified in subdivision (a) to the public water
systems no more than twice a year.
(1) The department shall submit one estimated cost invoice to
public water systems serving 1,000 or more service connections and
any public water system that treats water on behalf of one or more
public water systems for the purpose of rendering it safe for human
consumption. This invoice shall include the actual hours expended
during the first six months of the fiscal year. The hourly cost rate
used to determine the amount of the estimated cost invoice shall be
the rate for the previous fiscal year.
(2) The department shall submit a final invoice to the public
water system prior to October 1 following the fiscal year that the
costs were incurred. The invoice shall indicate the total hours
expended during the fiscal year, the reasons for the expenditure, the
hourly cost rate of the department for the fiscal year, the
estimated cost invoice, and payments received. The amount of the
final invoice shall be determined using the total hours expended
during the fiscal year and the actual hourly cost rate of the
department for the fiscal year. The payment of the estimated invoice,
exclusive of late penalty, if any, shall be credited toward the
final invoice amount.
(3) Payment of the invoice issued pursuant to paragraphs (1) and
(2) shall be made within 90 days of the date of the invoice. Failure
to pay the amount of the invoice within 90 days shall result in a
10-percent late penalty that shall be paid in addition to the
invoiced amount.
(e) Any public water system under the jurisdiction of a local
primacy agency shall pay the fees specified in this section to the
local primacy agency in lieu of the department. This section shall
not preclude a local health officer from imposing additional fees
pursuant to Section 101325.
(f) The department may increase the fees established in
subdivision (b) as follows:
(1) By February 1 of the fiscal year prior to the fiscal year for
which fees are proposed to be increased, the department shall publish
a list of fees for the following fiscal year and a report showing
the calculation of the amount of the fees.
(2) The department shall make the report and the list of fees
available to the public by submitting them to the Legislature and
posting them on the department's Internet Web site.
(3) The department shall establish the amount of fee increases
subject to the approval and appropriation by the Legislature.
116570. (a) Each public water system serving less than 1,000
service connections applying for a domestic water supply permit
pursuant to Section 116525 or 116550 shall pay a permit application
processing fee to the department. Payment of the fee shall accompany
the application for the permit or permit amendment.
(b) The amount of the permit application fee required under
subdivision (a) shall be as follows:
(1) A new community water system for which no domestic water
supply permits have been previously issued by the department shall
pay an application fee of five hundred dollars ($500).
(2) A new noncommunity water system for which no domestic water
supply permits have been previously issued by the department shall
pay an application fee of three hundred dollars ($300).
(3) An existing public water system applying for an amendment to a
domestic water supply permit due to a change in ownership shall pay
an application fee of one hundred fifty dollars ($150).
(4) An existing public water system applying for an amendment to a
domestic water supply permit due to an addition or modification of
the source of supply, or an addition or change in the method of
treatment of the water supply shall pay an application fee of two
hundred fifty dollars ($250).
(c) Any public water system under the jurisdiction of a local
primacy agency shall pay the permit application fees specified in
this section to the local primacy agency in lieu of the department.
116577. (a) Each public water system shall reimburse the department
for actual costs incurred by the department for any of the following
enforcement activities related to that water system:
(1) Preparing, issuing, and monitoring compliance with, an order
or a citation.
(2) Preparing and issuing public notification.
(3) Conducting a hearing pursuant to Section 116625.
(b) The department shall submit an invoice for these enforcement
costs to the public water system that requires payment prior to
September 1 of the fiscal year following the fiscal year in which the
costs were incurred. The invoice shall indicate the total hours
expended, the reasons for the expenditure, and the hourly cost rate
of the department. The costs set forth in the invoice shall not
exceed the total actual costs to the department of enforcement
activities specified in this section.
(c) Notwithstanding the reimbursement of enforcement costs of the
local primacy agency pursuant to subdivision (a) of Section 116595 by
public water systems under the jurisdiction of the local primacy
agency, public water systems shall also reimburse enforcement costs,
if any, incurred by the department pursuant to this section.
(d) "Enforcement costs" as used in this section does not include
"litigation costs" pursuant to Section 116585.
(e) The department shall not be entitled to enforcement costs
pursuant to this section if either a court or the department
determines that enforcement activities were in error.
(f) The maximum reimbursement, pursuant to this section, by a
public water system serving less than 1,000 service connections
during any fiscal year shall not exceed one thousand dollars ($1,000)
or twice the maximum for that public water system as set forth in
subdivision (c) of Section 116565, whichever is greater.
116580. (a) Each public water system that requests an exemption,
plan review, variance, or waiver of any applicable requirement of
this chapter or any regulation adopted pursuant to this chapter,
shall reimburse the department for actual costs incurred by the
department in processing the request.
(b) The department shall submit an invoice to the water system
prior to October 1 of the fiscal year following the fiscal year in
which the department's decision was rendered with respect to the
request for a plan review, exemption, variance, or waiver. The
invoice shall indicate the number of hours expended by the department
and the department's hourly cost rate. Payment of the fee shall be
made within 120 days of the date of the invoice. The department may
revoke any approval of a request for an exemption, variance, or
waiver for failure to pay the required fees.
(c) Notwithstanding subdivisions (a) and (b), requests for, and
reimbursement of actual costs for, an exemption, variance, or waiver
for public water systems under the jurisdiction of the local primacy
agency shall, instead, be submitted to the local primacy agency
pursuant to subdivision (c) of Section 116595.
116585. In any civil court action brought to enforce this chapter,
the prevailing party or parties shall be awarded litigation costs,
including, but not limited to, salaries, benefits, travel expenses,
operating equipment, administrative, overhead, other litigation
costs, and attorney's fees, as determined by the court. Litigation
costs awarded to the department by the court shall be deposited into
the Safe Drinking Water Account. Litigation costs awarded to a local
primacy agency by the court shall be used by that local primacy
agency to offset the local primacy agency's litigation costs.
116590. (a) All funds received by the department pursuant to this
chapter, including, but not limited to, all civil penalties collected
by the department pursuant to Article 9 (commencing with Section
116650) and Article 11 (commencing with Section 116725), shall be
deposited into the Safe Drinking Water Account that is hereby
established. Funds in the Safe Drinking Water Account may not be
expended for any purpose other than as set forth in this chapter. All
moneys collected by the department pursuant to Sections 116565 to
116600, inclusive, shall be deposited into the Safe Drinking Water
Account for use by the department, upon appropriation by the
Legislature, for the purpose of providing funds necessary to
administer this chapter.
(b) The department's hourly cost rate used to determine the
reimbursement for actual costs pursuant to Sections 116565, 116577,
and 116580 shall be based upon the department's salaries, benefits,
travel expense, operating, equipment, administrative support, and
overhead costs.
(c) Notwithstanding Section 6103 of the Government Code, each
public water system operating under a permit issued pursuant to this
chapter shall pay the fees set forth in this chapter. A public water
system shall be permitted to collect a fee from its customers to
recover the fees paid pursuant to this chapter.
(d) The fees collected pursuant to subdivision (b) of Section
116565 and subdivision (b) of Section 116570 shall be adjusted
annually pursuant to Section 100425, and the adjusted fee amounts
shall be rounded off to the nearest whole dollar.
(e) Fees assessed pursuant to this chapter shall not exceed actual
costs to either the department or the local primacy agency, as the
case may be, related to the public water systems assessed the fees.
(f) In no event shall the total amount of funds received pursuant
to subdivision (a) of Section 116565, and subdivision (a) of Section
116577 from public water systems serving 1,000 or more service
connections exceed the following:
(1) For the 2001-02 fiscal year, seven million dollars
($7,000,000).
(2) For the 2002-03 fiscal year and subsequent fiscal years, the
total amount of funds shall not increase by more than 5 percent of
the amount collected for the previous fiscal year.
(g) The department shall develop a time accounting standard
designed to do all of the following:
(1) Provide accurate time accounting.
(2) Provide accurate invoicing based upon hourly rates comparable
to private sector professional classifications and comparable rates
charged by other states for comparable services. These rates shall be
applied against the time spent by the actual individuals who perform
the work.
(3) Establish work standards that address work tasks, timing,
completeness, limits on redirection of effort, and limits on the time
spent in the aggregate for each activity.
(4) Establish overhead charge-back limitations, including, but not
limited to, charge-back limitations on charges relating to
reimbursement of services provided to the department by other
departments and agencies of the state, that reasonably relate to the
performance of the function.
(5) Provide appropriate invoice controls.
116595. (a) Any public water system under the jurisdiction of a
local primacy agency shall reimburse the local primacy agency for any
enforcement cost incurred by the local primacy agency related to any
of the following relating to that water system:
(1) Preparing, issuing, and monitoring compliance with, an order
or a citation.
(2) Preparing and issuing public notification.
(3) Conducting a hearing pursuant to Section 116625.
The local primacy agency shall submit an invoice to the public
water system that requires payment, prior to September 1 of the
fiscal year following the fiscal year in which the costs were
incurred. The invoice shall indicate the total hours expended, the
reasons for the expenditure, and the hourly cost rate of the local
primacy agency. The invoice shall not exceed the total costs to the
local primacy agency of enforcement activities specified in this
subdivision. Notwithstanding the reimbursement to the department of
enforcement costs, if any, pursuant to Section 116577, any public
water system under the jurisdiction of the local primacy agency shall
also reimburse the local primacy agency for enforcement costs
incurred by the local primacy agency pursuant to this section. The
local primacy agency shall not be entitled to enforcement costs
pursuant to this subdivision if either a court or the local primacy
agency determines that enforcement activities were in error.
"Enforcement costs" as used in this subdivision does not include
"litigation costs" as used in subdivision (d). The maximum
reimbursement, pursuant to this subdivision, by a public water system
serving less than 1,000 service connections during any fiscal year
shall not exceed twice the maximum for that public water system as
set forth in subdivision (c) of Section 116565.
(b) The local primacy agency may adopt a fee schedule for the
processing of applications for a domestic water supply permit,
submitted pursuant to subdivision (c) of Section 116570 by a public
water system under the jurisdiction of the local primacy agency, in
lieu of the fee schedule set forth in subdivision (b) of Section
116570, to recover its cost of processing the permit applications as
specified in the primacy agreement. The fee shall not exceed the
total costs to the local primacy agency of processing the permit
application.
(c) Any public water system under the jurisdiction of a local
primacy agency that requests an exemption, variance, or waiver of any
applicable requirement of this chapter, or any regulation of the
department adopted pursuant to this chapter, shall submit the request
to the local primacy agency and shall reimburse the local primacy
agency for any costs incurred by the local primacy agency in
processing the request.
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 chapter. A change in ownership of a
public water system shall require the submission of a new
application.
(b) The department may require a new application whenever a change
in regulatory jurisdiction has occurred.
(c) The department may renew, reissue, revise, or amend any
domestic water supply permit whenever the department deems it to be
necessary for the protection of public health whether or not an
application has been filed.
116530. A public water system shall submit a technical report to
the department as part of the permit application or when otherwise
required by the department. This report may include, but not be
limited to, detailed plans and specifications, water quality
information, and physical descriptions of the existing or proposed
system, and financial assurance information.
116535. Upon determination that an application submitted pursuant
to this chapter is complete, the department shall make a thorough
investigation of the proposed or existing plant, works, system, or
water supply, and all other circumstances and conditions that it
deems material, including any required financial assurance
information.
116540. Following completion of the investigation and satisfaction
of the requirements of subdivisions (a) and (b), the department shall
issue or deny the permit. The department may impose permit
conditions, requirements for system improvements, and time schedules
as it deems necessary to ensure a reliable and adequate supply of
water at all times that is pure, wholesome, potable, and does not
endanger the health of consumers.
(a) No public water system that was not in existence on January 1,
1998, shall be granted a permit unless the system demonstrates to
the department that the water supplier possesses adequate financial,
managerial, and technical capability to ensure the delivery of pure,
wholesome, and potable drinking water. This section shall also apply
to any change of ownership of a public water system that occurs after
January 1, 1998.
(b) No permit under this chapter shall be issued to an association
organized under Title 3 (commencing with Section 18000) of the
Corporations Code. This section shall not apply to unincorporated
associations that as of December 31, 1990, are holders of a permit
issued under this chapter.
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 additional public comment. Notice of the
hearing shall be provided to the applicant and interested persons at
least 30 days prior to the hearing. The department may require the
applicant to distribute the notice of the hearing to affected
consumers.
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 distribution system as authorized by a valid
existing permit issued to him or her by the department unless the
person first submits an application to the department and receives an
amended permit as provided in this chapter authorizing the
modification, addition, or change in his or her source of supply or
method of treatment.
(b) Unless otherwise directed by the department, changes in
distribution systems may be made without the submission of a permit
application if the changes comply in all particulars with the
waterworks standards.
116551. The department 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 directly augmented with recycled water,
as defined in subdivision (n) of Section 13050 of the Water Code,
unless the department does all of the following:
(a) Performs an engineering evaluation that evaluates the proposed
treatment technology and finds that the proposed technology will
ensure that the recycled water meets or exceeds all applicable
primary and secondary drinking water standards and poses no
significant threat to public health.
(b) Holds at least three duly noticed public hearings in the area
where the recycled water is proposed to be used or supplied for human
consumption to receive public testimony on that proposed use. The
department shall make available to the public, not less than 10 days
prior to the date of the first hearing held pursuant to this
subdivision, the evaluations and findings made pursuant to
subdivision (a).
116552. The department shall not issue a permit to a public water
system or amend a valid existing permit to allow the use of
point-of-use treatment unless the department determines, after
conducting a public hearing in the community served by the public
water system, that there is no substantial community opposition to
the installation of point-of-use treatment devices. The issuance of a
permit pursuant to this section shall be limited to not more than
three years or until funding for centralized treatment is available,
whichever occurs first.
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 standards.
(2) Will not be subject to backflow under normal operating
conditions.
(3) Provides a reliable and adequate supply of pure, wholesome,
healthful, and potable water.
(4) Employs or utilizes only water treatment operators or water
treatment operators-in-training that have been certified by the
department at the appropriate grade.
(5) Complies with the operator certification program established
pursuant to Chapter 4 (commencing with Section 106875).
(b) Any person who owns a community water system or a nontransient
noncommunity water system shall do all of the following:
(1) Employ or utilize only water distribution system operators who
have been certified by the department at the appropriate grade for
positions in responsible charge of the distribution system.
(2) Place the direct supervision of the water system, including
water treatment plants, water distribution systems, or both under the
responsible charge of an operator or operators holding a valid
certification equal to or greater than the classification of the
treatment plant and the distribution system.
116556. Notwithstanding subdivision (c) of Section 116555 and its
implementing regulations, including Sections 64562 and 64568 of the
California Code of Regulations, the Redwood Valley County Water
District, in order to relieve hardship, may make not more than 135
new 3/4-inch equivalent domestic service connections to its water
system if all of the following conditions are met:
(a) The district has a contract, agreement, or independent water
right to divert water from Lake Mendocino or another adequate source
of water supply.
(b) Redwood Valley is an allowed place of use under that contract,
agreement, or water right.
(c) The department has determined that the water source provides
an adequate physical supply of water under its duly adopted
waterworks standards.
(d) The connection will relieve hardship, as determined by the
district based on objective proof that the structure served by the
connection was constructed prior to December 31, 1997, and absent a
connection, only has access to a water supply that furnishes an
inadequate quality or quantity of water as measured by drinking water
standards adopted by the district.
(e) The connections authorized by this section are in addition to
connections otherwise allowed by law, including connections
authorized by Section 116555.
116565. (a) Each public water system serving 1,000 or more service
connections and any public water system that treats water on behalf
of one or more public water systems for the purpose of rendering it
safe for human consumption, shall reimburse the department for actual
cost incurred by the department for conducting those activities
mandated by this chapter relating to the issuance of domestic water
supply permits, inspections, monitoring, surveillance, and water
quality evaluation that relate to that specific public water system.
The amount of reimbursement shall be sufficient to pay, but in no
event shall exceed, the department's actual cost in conducting these
activities.
(b) Each public water system serving less than 1,000 service
connections shall pay an annual drinking water operating fee to the
department as set forth in this subdivision for costs incurred by the
department for conducting those activities mandated by this chapter
relating to inspections, monitoring, surveillance, and water quality
evaluation relating to public water systems. The total amount of fees
shall be sufficient to pay, but in no event shall exceed, the
department's actual cost in conducting these activities.
Notwithstanding adjustment of actual fees collected pursuant to
Section 100425 as authorized pursuant to subdivision (d) of Section
106590, the amount that shall be paid annually by a public water
system pursuant to this section shall be as follows:
(1) Community water systems, six dollars ($6) per service
connection, but not less than two hundred fifty dollars ($250) per
water system, which may be increased by the department, as provided
for in subdivision (f), to ten dollars ($10) per service connection,
but not less than two hundred fifty dollars ($250) per water system.
(2) Nontransient noncommunity water systems pursuant to
subdivision (k) of Section 116275, two dollars ($2) per person
served, but not less than four hundred fifty-six dollars ($456) per
water system, which may be increased by the department, as provided
for in subdivision (f), to three dollars ($3) per person served, but
not less than four hundred fifty-six dollars ($456) per water system.
(3) Transient noncommunity water systems pursuant to subdivision
(k) of Section 116275, eight hundred dollars ($800) per water system,
which may be increased by the department, as provided for in
subdivision (f), to one thousand three hundred thirty-five dollars
($1,335) per water system.
(4) Noncommunity water systems exempted pursuant to Section
116282, one hundred two dollars ($102) per water system.
(c) For purposes of determining the fees provided for in
subdivision (a), the department shall maintain a record of its actual
costs for pursuing the activities specified in subdivision (a)
relative to each system required to pay the fees. The fee charged
each system shall reflect the department's actual cost, or in the
case of a local primacy agency the local primacy agency's actual
cost, of conducting the specified activities.
(d) The department shall submit an invoice for cost reimbursement
for the activities specified in subdivision (a) to the public water
systems no more than twice a year.
(1) The department shall submit one estimated cost invoice to
public water systems serving 1,000 or more service connections and
any public water system that treats water on behalf of one or more
public water systems for the purpose of rendering it safe for human
consumption. This invoice shall include the actual hours expended
during the first six months of the fiscal year. The hourly cost rate
used to determine the amount of the estimated cost invoice shall be
the rate for the previous fiscal year.
(2) The department shall submit a final invoice to the public
water system prior to October 1 following the fiscal year that the
costs were incurred. The invoice shall indicate the total hours
expended during the fiscal year, the reasons for the expenditure, the
hourly cost rate of the department for the fiscal year, the
estimated cost invoice, and payments received. The amount of the
final invoice shall be determined using the total hours expended
during the fiscal year and the actual hourly cost rate of the
department for the fiscal year. The payment of the estimated invoice,
exclusive of late penalty, if any, shall be credited toward the
final invoice amount.
(3) Payment of the invoice issued pursuant to paragraphs (1) and
(2) shall be made within 90 days of the date of the invoice. Failure
to pay the amount of the invoice within 90 days shall result in a
10-percent late penalty that shall be paid in addition to the
invoiced amount.
(e) Any public water system under the jurisdiction of a local
primacy agency shall pay the fees specified in this section to the
local primacy agency in lieu of the department. This section shall
not preclude a local health officer from imposing additional fees
pursuant to Section 101325.
(f) The department may increase the fees established in
subdivision (b) as follows:
(1) By February 1 of the fiscal year prior to the fiscal year for
which fees are proposed to be increased, the department shall publish
a list of fees for the following fiscal year and a report showing
the calculation of the amount of the fees.
(2) The department shall make the report and the list of fees
available to the public by submitting them to the Legislature and
posting them on the department's Internet Web site.
(3) The department shall establish the amount of fee increases
subject to the approval and appropriation by the Legislature.
116570. (a) Each public water system serving less than 1,000
service connections applying for a domestic water supply permit
pursuant to Section 116525 or 116550 shall pay a permit application
processing fee to the department. Payment of the fee shall accompany
the application for the permit or permit amendment.
(b) The amount of the permit application fee required under
subdivision (a) shall be as follows:
(1) A new community water system for which no domestic water
supply permits have been previously issued by the department shall
pay an application fee of five hundred dollars ($500).
(2) A new noncommunity water system for which no domestic water
supply permits have been previously issued by the department shall
pay an application fee of three hundred dollars ($300).
(3) An existing public water system applying for an amendment to a
domestic water supply permit due to a change in ownership shall pay
an application fee of one hundred fifty dollars ($150).
(4) An existing public water system applying for an amendment to a
domestic water supply permit due to an addition or modification of
the source of supply, or an addition or change in the method of
treatment of the water supply shall pay an application fee of two
hundred fifty dollars ($250).
(c) Any public water system under the jurisdiction of a local
primacy agency shall pay the permit application fees specified in
this section to the local primacy agency in lieu of the department.
116577. (a) Each public water system shall reimburse the department
for actual costs incurred by the department for any of the following
enforcement activities related to that water system:
(1) Preparing, issuing, and monitoring compliance with, an order
or a citation.
(2) Preparing and issuing public notification.
(3) Conducting a hearing pursuant to Section 116625.
(b) The department shall submit an invoice for these enforcement
costs to the public water system that requires payment prior to
September 1 of the fiscal year following the fiscal year in which the
costs were incurred. The invoice shall indicate the total hours
expended, the reasons for the expenditure, and the hourly cost rate
of the department. The costs set forth in the invoice shall not
exceed the total actual costs to the department of enforcement
activities specified in this section.
(c) Notwithstanding the reimbursement of enforcement costs of the
local primacy agency pursuant to subdivision (a) of Section 116595 by
public water systems under the jurisdiction of the local primacy
agency, public water systems shall also reimburse enforcement costs,
if any, incurred by the department pursuant to this section.
(d) "Enforcement costs" as used in this section does not include
"litigation costs" pursuant to Section 116585.
(e) The department shall not be entitled to enforcement costs
pursuant to this section if either a court or the department
determines that enforcement activities were in error.
(f) The maximum reimbursement, pursuant to this section, by a
public water system serving less than 1,000 service connections
during any fiscal year shall not exceed one thousand dollars ($1,000)
or twice the maximum for that public water system as set forth in
subdivision (c) of Section 116565, whichever is greater.
116580. (a) Each public water system that requests an exemption,
plan review, variance, or waiver of any applicable requirement of
this chapter or any regulation adopted pursuant to this chapter,
shall reimburse the department for actual costs incurred by the
department in processing the request.
(b) The department shall submit an invoice to the water system
prior to October 1 of the fiscal year following the fiscal year in
which the department's decision was rendered with respect to the
request for a plan review, exemption, variance, or waiver. The
invoice shall indicate the number of hours expended by the department
and the department's hourly cost rate. Payment of the fee shall be
made within 120 days of the date of the invoice. The department may
revoke any approval of a request for an exemption, variance, or
waiver for failure to pay the required fees.
(c) Notwithstanding subdivisions (a) and (b), requests for, and
reimbursement of actual costs for, an exemption, variance, or waiver
for public water systems under the jurisdiction of the local primacy
agency shall, instead, be submitted to the local primacy agency
pursuant to subdivision (c) of Section 116595.
116585. In any civil court action brought to enforce this chapter,
the prevailing party or parties shall be awarded litigation costs,
including, but not limited to, salaries, benefits, travel expenses,
operating equipment, administrative, overhead, other litigation
costs, and attorney's fees, as determined by the court. Litigation
costs awarded to the department by the court shall be deposited into
the Safe Drinking Water Account. Litigation costs awarded to a local
primacy agency by the court shall be used by that local primacy
agency to offset the local primacy agency's litigation costs.
116590. (a) All funds received by the department pursuant to this
chapter, including, but not limited to, all civil penalties collected
by the department pursuant to Article 9 (commencing with Section
116650) and Article 11 (commencing with Section 116725), shall be
deposited into the Safe Drinking Water Account that is hereby
established. Funds in the Safe Drinking Water Account may not be
expended for any purpose other than as set forth in this chapter. All
moneys collected by the department pursuant to Sections 116565 to
116600, inclusive, shall be deposited into the Safe Drinking Water
Account for use by the department, upon appropriation by the
Legislature, for the purpose of providing funds necessary to
administer this chapter.
(b) The department's hourly cost rate used to determine the
reimbursement for actual costs pursuant to Sections 116565, 116577,
and 116580 shall be based upon the department's salaries, benefits,
travel expense, operating, equipment, administrative support, and
overhead costs.
(c) Notwithstanding Section 6103 of the Government Code, each
public water system operating under a permit issued pursuant to this
chapter shall pay the fees set forth in this chapter. A public water
system shall be permitted to collect a fee from its customers to
recover the fees paid pursuant to this chapter.
(d) The fees collected pursuant to subdivision (b) of Section
116565 and subdivision (b) of Section 116570 shall be adjusted
annually pursuant to Section 100425, and the adjusted fee amounts
shall be rounded off to the nearest whole dollar.
(e) Fees assessed pursuant to this chapter shall not exceed actual
costs to either the department or the local primacy agency, as the
case may be, related to the public water systems assessed the fees.
(f) In no event shall the total amount of funds received pursuant
to subdivision (a) of Section 116565, and subdivision (a) of Section
116577 from public water systems serving 1,000 or more service
connections exceed the following:
(1) For the 2001-02 fiscal year, seven million dollars
($7,000,000).
(2) For the 2002-03 fiscal year and subsequent fiscal years, the
total amount of funds shall not increase by more than 5 percent of
the amount collected for the previous fiscal year.
(g) The department shall develop a time accounting standard
designed to do all of the following:
(1) Provide accurate time accounting.
(2) Provide accurate invoicing based upon hourly rates comparable
to private sector professional classifications and comparable rates
charged by other states for comparable services. These rates shall be
applied against the time spent by the actual individuals who perform
the work.
(3) Establish work standards that address work tasks, timing,
completeness, limits on redirection of effort, and limits on the time
spent in the aggregate for each activity.
(4) Establish overhead charge-back limitations, including, but not
limited to, charge-back limitations on charges relating to
reimbursement of services provided to the department by other
departments and agencies of the state, that reasonably relate to the
performance of the function.
(5) Provide appropriate invoice controls.
116595. (a) Any public water system under the jurisdiction of a
local primacy agency shall reimburse the local primacy agency for any
enforcement cost incurred by the local primacy agency related to any
of the following relating to that water system:
(1) Preparing, issuing, and monitoring compliance with, an order
or a citation.
(2) Preparing and issuing public notification.
(3) Conducting a hearing pursuant to Section 116625.
The local primacy agency shall submit an invoice to the public
water system that requires payment, prior to September 1 of the
fiscal year following the fiscal year in which the costs were
incurred. The invoice shall indicate the total hours expended, the
reasons for the expenditure, and the hourly cost rate of the local
primacy agency. The invoice shall not exceed the total costs to the
local primacy agency of enforcement activities specified in this
subdivision. Notwithstanding the reimbursement to the department of
enforcement costs, if any, pursuant to Section 116577, any public
water system under the jurisdiction of the local primacy agency shall
also reimburse the local primacy agency for enforcement costs
incurred by the local primacy agency pursuant to this section. The
local primacy agency shall not be entitled to enforcement costs
pursuant to this subdivision if either a court or the local primacy
agency determines that enforcement activities were in error.
"Enforcement costs" as used in this subdivision does not include
"litigation costs" as used in subdivision (d). The maximum
reimbursement, pursuant to this subdivision, by a public water system
serving less than 1,000 service connections during any fiscal year
shall not exceed twice the maximum for that public water system as
set forth in subdivision (c) of Section 116565.
(b) The local primacy agency may adopt a fee schedule for the
processing of applications for a domestic water supply permit,
submitted pursuant to subdivision (c) of Section 116570 by a public
water system under the jurisdiction of the local primacy agency, in
lieu of the fee schedule set forth in subdivision (b) of Section
116570, to recover its cost of processing the permit applications as
specified in the primacy agreement. The fee shall not exceed the
total costs to the local primacy agency of processing the permit
application.
(c) Any public water system under the jurisdiction of a local
primacy agency that requests an exemption, variance, or waiver of any
applicable requirement of this chapter, or any regulation of the
department adopted pursuant to this chapter, shall submit the request
to the local primacy agency and shall reimburse the local primacy
agency for any costs incurred by the local primacy agency in
processing the request.
