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 department's regulations is not
performed, or when a water purveyor fails to comply with the
conditions of any variance or exemption, the person operating the
public water system shall notify the department and shall give notice
to the users of that fact in the manner prescribed by the
department. When a variance or an exemption is granted, the person
operating the public water system shall give notice to the users of
that fact.
(b) When a person operating a public water system determines that
a significant rise in the bacterial count of water has occurred in
water he or she supplies, the person shall provide, at his or her
expense, a report on the rise in bacterial count of the water,
together with the results of an analysis of the water, within 24
hours to the department and, where appropriate, to the local health
officer.
(c) When the department receives the information described in
subdivision (b) and determines that it constitutes an immediate
danger to health, the department shall immediately notify the person
operating the public water system to implement the emergency
notification plan required by this chapter.
(d) In the case of a failure to comply with any primary drinking
water standard that represents an imminent danger to the health of
water users, the operator shall notify each of his or her customers
as provided in the approved emergency notification plan.
(e) In addition, the same notification requirement shall be
required in any instance in which the department or the local health
department recommends to the operator that it notify its customers to
avoid internal consumption of the water supply and to use bottled
water due to a chemical contamination problem that may pose a health
risk.
(f) The content of the notices required by this section shall be
approved by the department. Notice shall be repeated at intervals, as
required by the department, until the department concludes that
there is compliance with its standards or requirements. Notices may
be given by the department.
In any case where public notification is required by this section
because a contaminant is present in drinking water at a level in
excess of a primary drinking water standard, the notification shall
include identification of the contaminant, information on possible
effects of the contaminant on human health, and information on
specific measures that should be taken by persons or populations who
might be more acutely affected than the general population.
(g) Whenever a school or school system, the owner or operator of
residential rental property, or the owner or operator of a business
property receives a notification from a person operating a public
water system under any provision of this section, the school or
school system shall notify school employees, students and parents if
the students are minors, the owner or operator of a residential
rental property shall notify tenants, and the owner or operator of
business property shall notify employees of businesses located on the
property.
(1) The operator shall provide the customer with a sample
notification form that may be used by the customer in complying with
this subdivision and that shall indicate the nature of the problem
with the water supply and the most appropriate methods for
notification that may include, but is not limited to, the sending of
a letter to each water user and the posting of a notice at each site
where drinking water is dispensed.
(2) The notice required by this subdivision shall be given within
10 days of receipt of notification from the person operating the
public water system.
(3) Any person failing to give notice as required by this
subdivision shall be civilly liable in an amount not to exceed one
thousand dollars ($1,000) for each day of failure to give notice.
(4) If the operator has evidence of noncompliance with this
subdivision the operator shall report this information to the local
health department and the department.
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 contaminant found in drinking
water delivered by the public water system for human consumption that
is in excess of a maximum contaminant level, a notification level,
or a response level established by the department.
(1) If the public water system is a wholesale water system, then
the person operating the wholesale water system shall notify the
wholesale water system's governing body and the water systems that
are directly supplied with that drinking water. If the wholesale
water system is a water company regulated by the California Public
Utilities Commission, then the wholesale water system shall also
notify the commission. The commission in the exercise of its general
and specific powers to ensure the health, safety, and availability of
drinking water served by the utilities subject to its jurisdiction,
may order further action that is not inconsistent with the standards
and regulations of the department to ensure a potable water supply.
(2) If the public water system is a retail water system, then the
person operating the retail water system shall notify the retail
water system's governing body and the governing body of any local
agency whose jurisdiction includes areas supplied with drinking water
by the retail water system. If the retail water system is a water
company regulated by the California Public Utilities Commission, then
the retail water system shall also notify the commission. The
commission, in the exercise of its general and specific powers to
ensure the health, safety, and availability of drinking water served
by the utilities subject to its jurisdiction, may order further
action that is not inconsistent with the standards and regulations of
the department to ensure a potable water supply.
(b) The notification required by subdivision (a) shall identify
the drinking water source, the origin of the contaminant, if known,
the maximum contaminant level, response level, or notification level,
as appropriate, the concentration of the detected contaminant, and
the operational status of the drinking water source, and shall
provide a brief and plainly worded statement of health concerns.
(c) For purposes of this section, the following terms have the
following meanings:
(1) "Drinking water source" means an individual groundwater well,
an individual surface water intake, or in the case of water purchased
from another water system, the water at the service connection.
(2) "Local agency" means a city or county, or a city and county.
(3) "Notification level" means the concentration level of a
contaminant in drinking water delivered for human consumption that
the department has determined, based on available scientific
information, does not pose a significant health risk but warrants
notification pursuant to this section. Notification levels are
nonregulatory, health-based advisory levels established by the
department for contaminants in drinking water for which maximum
contaminant levels have not been established. Notification levels are
established as precautionary measures for contaminants that may be
considered candidates for establishment of maximum contaminant
levels, but have not yet undergone or completed the regulatory
standard setting process prescribed for the development of maximum
contaminant levels and are not drinking water standards.
(4) "Response level" means the concentration of a contaminant in
drinking water delivered for human consumption at which the
department recommends that additional steps, beyond notification
pursuant to this section, be taken to reduce public exposure to the
contaminant. Response levels are established in conjunction with
notification levels for contaminants that may be considered
candidates for establishment of maximum contaminant levels, but have
not yet undergone or completed the regulatory standard setting
process prescribed for the development of maximum contaminant levels
and are not drinking water standards.
(5) "Retail water system" means a public water system that
supplies water directly to the end user.
(6) "Wholesale water system" means a public water system that
supplies water to other public water systems for resale.
116460. No person shall operate a public water system without an
emergency notification plan that has been submitted to and approved
by the department. The emergency notification plan shall provide for
immediate notice to the customers of the public water system of any
significant rise in the bacterial count of water or other failure to
comply with any primary drinking water standard that represents an
imminent danger to the health of the water users.
No permit, variance, or exemption may be issued or amended under
this chapter until an emergency notification plan has been approved
by the department.
The department shall adopt regulations to implement the provisions
of this section. The regulations may provide for the exclusion of
public water systems from the requirements of this section when, in
the judgment of the department, the exclusion will best serve the
public interest.
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 utility under the jurisdiction of
the Public Utilities Commission with a continuous and adequate supply
of water or to bring the water system into conformity with secondary
drinking water standards, the commission may, after hearing, direct
the public utility to make the changes in its procedures or additions
to its facilities as the commission shall determine are necessary to
provide a continuous and adequate supply of water to the users
thereof or to bring the system into conformity with secondary
drinking water standards. Any proceeding of the commission pursuant
to this article shall be conducted as provided in Chapter 9
(commencing with Section 1701) of Part 1 of Division 1 of the Public
Utilities Code, and any order issued by the commission pursuant to
this action shall be subject to judicial review as provided in
Chapter 9.
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 report to each customer, other than an
occupant, as defined in Section 799.28 of the Civil Code, of a
recreational vehicle park. A public water system in a recreational
vehicle park with occupants as defined in Section 799.28 of the Civil
Code shall prominently display on a bulletin board at the entrance
to or in the office of the park, and make available upon request, a
copy of the report. The report shall include all of the following
information:
(1) The source of the water purveyed by the public water system.
(2) A brief and plainly worded definition of the terms "maximum
contaminant level," "primary drinking water standard," and "public
health goal."
(3) If any regulated contaminant is detected in public drinking
water supplied by the system during the past year, the report shall
include all of the following information:
(A) The level of the contaminant found in the drinking water, and
the corresponding public health goal and primary drinking water
standard for that contaminant.
(B) Any violations of the primary drinking water standard that
have occurred as a result of the presence of the contaminant in the
drinking water and a brief and plainly worded statement of health
concerns that resulted in the regulation of that contaminant.
(C) The public water system's address and phone number to enable
customers to obtain further information concerning contaminants and
potential health effects.
(4) Information on the levels of unregulated contaminants, if any,
for which monitoring is required pursuant to state or federal law or
regulation.
(5) Disclosure of any variances or exemptions from primary
drinking water standards granted to the system and the basis
therefor.
(b) On or before July 1, 1998, and every three years thereafter,
public water systems serving more than 10,000 service connections
that detect one or more contaminants in drinking water that exceed
the applicable public health goal, shall prepare a brief written
report in plain language that does all of the following:
(1) Identifies each contaminant detected in drinking water that
exceeds the applicable public health goal.
(2) Discloses the numerical public health risk, determined by the
office, associated with the maximum contaminant level for each
contaminant identified in paragraph (1) and the numerical public
health risk determined by the office associated with the public
health goal for that contaminant.
(3) Identifies the category of risk to public health, including,
but not limited to, carcinogenic, mutagenic, teratogenic, and acute
toxicity, associated with exposure to the contaminant in drinking
water, and includes a brief plainly worded description of these
terms.
(4) Describes the best available technology, if any is then
available on a commercial basis, to remove the contaminant or reduce
the concentration of the contaminant. The public water system may,
solely at its own discretion, briefly describe actions that have been
taken on its own, or by other entities, to prevent the introduction
of the contaminant into drinking water supplies.
(5) Estimates the aggregate cost and the cost per customer of
utilizing the technology described in paragraph (4), if any, to
reduce the concentration of that contaminant in drinking water to a
level at or below the public health goal.
(6) Briefly describes what action, if any, the local water
purveyor intends to take to reduce the concentration of the
contaminant in public drinking water supplies and the basis for that
decision.
(c) Public water systems required to prepare a report pursuant to
subdivision (b) shall hold a public hearing for the purpose of
accepting and responding to public comment on the report. Public
water systems may hold the public hearing as part of any regularly
scheduled meeting.
(d) The department shall not require a public water system to take
any action to reduce or eliminate any exceedance of a public health
goal.
(e) Enforcement of this section does not require the department to
amend a public water system's operating permit.
(f) Pending adoption of a public health goal by the Office of
Environmental Health Hazard Assessment pursuant to subdivision (c) of
Section 116365, and in lieu thereof, public water systems shall use
the national maximum contaminant level goal adopted by the United
States Environmental Protection Agency for the corresponding
contaminant for purposes of complying with the notice and hearing
requirements of this section.
(g) This section is intended to provide an alternative form for
the federally required consumer confidence report as authorized by 42
U.S.C. Section 300g-3(c).
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 appropriated to the department,
without regard to fiscal years, to provide financial assistance to
public water systems and to fund emergency actions by the department
to ensure that safe drinking water supplies are available to all
Californians who are served by public water systems.
(b) The department may expend funds in the Emergency Clean Water
Grant Fund for the purposes specified in subdivision (a), including,
but not limited to, payment for all of the following actions:
(1) The provision of alternative water supplies and bottled water.
(2) Improvements of the existing water supply system.
(3) Hookups with adjacent water systems.
(4) Design, purchase, installation, and operation and maintenance
of water treatment technologies.
(c) The department shall develop and revise guidelines for the
allocation and administration of moneys in the Emergency Clean Water
Grant Fund. These guidelines shall include, but are not limited to,
all of the following:
(1) A definition of what constitutes an emergency requiring an
alternative or improved water supply.
(2) Priorities and procedures for allocating funds.
(3) Repayment provisions, as appropriate.
(4) Procedures for recovering funds from parties responsible for
the contamination of public water supplies.
The guidelines are not subject to Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.
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 or prevent an emergency or
imminent threat to public health due to the contamination or
potential contamination of the public water supply.
(b) Notwithstanding any other provision of law, the department may
enter into written contracts for remedial action taken or to be
taken pursuant to subdivision (a), and may enter into oral contracts,
not to exceed ten thousand dollars ($10,000) in obligation, when, in
the judgment of the department, immediate remedial action is
necessary to remedy or prevent an emergency specified in subdivision
(a). The contracts, written or oral, may include provisions for the
rental or purchase of tools and equipment, either with or without
operators, for the furnishing of labor and materials and for
engineering consulting necessary to accomplish the work.
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 provided for pursuant to Chapter 1
(commencing with Section 10100) of Part 2 of Division 2 of the Public
Contract Code.
(b) Chapter 10 (commencing with Section 4525) of Division 5 of
Title 1 of the Government Code.
(c) Section 14780 of the Government Code and Article 5 (commencing
with Section 10355) of Chapter 2 of Part 2 of Division 2 of the
Public Contract Code.
(d) Article 4 (commencing with Section 10335) of Chapter 2 of Part
2 of Division 2 of the Public Contract Code.
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 department's regulations is not
performed, or when a water purveyor fails to comply with the
conditions of any variance or exemption, the person operating the
public water system shall notify the department and shall give notice
to the users of that fact in the manner prescribed by the
department. When a variance or an exemption is granted, the person
operating the public water system shall give notice to the users of
that fact.
(b) When a person operating a public water system determines that
a significant rise in the bacterial count of water has occurred in
water he or she supplies, the person shall provide, at his or her
expense, a report on the rise in bacterial count of the water,
together with the results of an analysis of the water, within 24
hours to the department and, where appropriate, to the local health
officer.
(c) When the department receives the information described in
subdivision (b) and determines that it constitutes an immediate
danger to health, the department shall immediately notify the person
operating the public water system to implement the emergency
notification plan required by this chapter.
(d) In the case of a failure to comply with any primary drinking
water standard that represents an imminent danger to the health of
water users, the operator shall notify each of his or her customers
as provided in the approved emergency notification plan.
(e) In addition, the same notification requirement shall be
required in any instance in which the department or the local health
department recommends to the operator that it notify its customers to
avoid internal consumption of the water supply and to use bottled
water due to a chemical contamination problem that may pose a health
risk.
(f) The content of the notices required by this section shall be
approved by the department. Notice shall be repeated at intervals, as
required by the department, until the department concludes that
there is compliance with its standards or requirements. Notices may
be given by the department.
In any case where public notification is required by this section
because a contaminant is present in drinking water at a level in
excess of a primary drinking water standard, the notification shall
include identification of the contaminant, information on possible
effects of the contaminant on human health, and information on
specific measures that should be taken by persons or populations who
might be more acutely affected than the general population.
(g) Whenever a school or school system, the owner or operator of
residential rental property, or the owner or operator of a business
property receives a notification from a person operating a public
water system under any provision of this section, the school or
school system shall notify school employees, students and parents if
the students are minors, the owner or operator of a residential
rental property shall notify tenants, and the owner or operator of
business property shall notify employees of businesses located on the
property.
(1) The operator shall provide the customer with a sample
notification form that may be used by the customer in complying with
this subdivision and that shall indicate the nature of the problem
with the water supply and the most appropriate methods for
notification that may include, but is not limited to, the sending of
a letter to each water user and the posting of a notice at each site
where drinking water is dispensed.
(2) The notice required by this subdivision shall be given within
10 days of receipt of notification from the person operating the
public water system.
(3) Any person failing to give notice as required by this
subdivision shall be civilly liable in an amount not to exceed one
thousand dollars ($1,000) for each day of failure to give notice.
(4) If the operator has evidence of noncompliance with this
subdivision the operator shall report this information to the local
health department and the department.
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 contaminant found in drinking
water delivered by the public water system for human consumption that
is in excess of a maximum contaminant level, a notification level,
or a response level established by the department.
(1) If the public water system is a wholesale water system, then
the person operating the wholesale water system shall notify the
wholesale water system's governing body and the water systems that
are directly supplied with that drinking water. If the wholesale
water system is a water company regulated by the California Public
Utilities Commission, then the wholesale water system shall also
notify the commission. The commission in the exercise of its general
and specific powers to ensure the health, safety, and availability of
drinking water served by the utilities subject to its jurisdiction,
may order further action that is not inconsistent with the standards
and regulations of the department to ensure a potable water supply.
(2) If the public water system is a retail water system, then the
person operating the retail water system shall notify the retail
water system's governing body and the governing body of any local
agency whose jurisdiction includes areas supplied with drinking water
by the retail water system. If the retail water system is a water
company regulated by the California Public Utilities Commission, then
the retail water system shall also notify the commission. The
commission, in the exercise of its general and specific powers to
ensure the health, safety, and availability of drinking water served
by the utilities subject to its jurisdiction, may order further
action that is not inconsistent with the standards and regulations of
the department to ensure a potable water supply.
(b) The notification required by subdivision (a) shall identify
the drinking water source, the origin of the contaminant, if known,
the maximum contaminant level, response level, or notification level,
as appropriate, the concentration of the detected contaminant, and
the operational status of the drinking water source, and shall
provide a brief and plainly worded statement of health concerns.
(c) For purposes of this section, the following terms have the
following meanings:
(1) "Drinking water source" means an individual groundwater well,
an individual surface water intake, or in the case of water purchased
from another water system, the water at the service connection.
(2) "Local agency" means a city or county, or a city and county.
(3) "Notification level" means the concentration level of a
contaminant in drinking water delivered for human consumption that
the department has determined, based on available scientific
information, does not pose a significant health risk but warrants
notification pursuant to this section. Notification levels are
nonregulatory, health-based advisory levels established by the
department for contaminants in drinking water for which maximum
contaminant levels have not been established. Notification levels are
established as precautionary measures for contaminants that may be
considered candidates for establishment of maximum contaminant
levels, but have not yet undergone or completed the regulatory
standard setting process prescribed for the development of maximum
contaminant levels and are not drinking water standards.
(4) "Response level" means the concentration of a contaminant in
drinking water delivered for human consumption at which the
department recommends that additional steps, beyond notification
pursuant to this section, be taken to reduce public exposure to the
contaminant. Response levels are established in conjunction with
notification levels for contaminants that may be considered
candidates for establishment of maximum contaminant levels, but have
not yet undergone or completed the regulatory standard setting
process prescribed for the development of maximum contaminant levels
and are not drinking water standards.
(5) "Retail water system" means a public water system that
supplies water directly to the end user.
(6) "Wholesale water system" means a public water system that
supplies water to other public water systems for resale.
116460. No person shall operate a public water system without an
emergency notification plan that has been submitted to and approved
by the department. The emergency notification plan shall provide for
immediate notice to the customers of the public water system of any
significant rise in the bacterial count of water or other failure to
comply with any primary drinking water standard that represents an
imminent danger to the health of the water users.
No permit, variance, or exemption may be issued or amended under
this chapter until an emergency notification plan has been approved
by the department.
The department shall adopt regulations to implement the provisions
of this section. The regulations may provide for the exclusion of
public water systems from the requirements of this section when, in
the judgment of the department, the exclusion will best serve the
public interest.
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 utility under the jurisdiction of
the Public Utilities Commission with a continuous and adequate supply
of water or to bring the water system into conformity with secondary
drinking water standards, the commission may, after hearing, direct
the public utility to make the changes in its procedures or additions
to its facilities as the commission shall determine are necessary to
provide a continuous and adequate supply of water to the users
thereof or to bring the system into conformity with secondary
drinking water standards. Any proceeding of the commission pursuant
to this article shall be conducted as provided in Chapter 9
(commencing with Section 1701) of Part 1 of Division 1 of the Public
Utilities Code, and any order issued by the commission pursuant to
this action shall be subject to judicial review as provided in
Chapter 9.
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 report to each customer, other than an
occupant, as defined in Section 799.28 of the Civil Code, of a
recreational vehicle park. A public water system in a recreational
vehicle park with occupants as defined in Section 799.28 of the Civil
Code shall prominently display on a bulletin board at the entrance
to or in the office of the park, and make available upon request, a
copy of the report. The report shall include all of the following
information:
(1) The source of the water purveyed by the public water system.
(2) A brief and plainly worded definition of the terms "maximum
contaminant level," "primary drinking water standard," and "public
health goal."
(3) If any regulated contaminant is detected in public drinking
water supplied by the system during the past year, the report shall
include all of the following information:
(A) The level of the contaminant found in the drinking water, and
the corresponding public health goal and primary drinking water
standard for that contaminant.
(B) Any violations of the primary drinking water standard that
have occurred as a result of the presence of the contaminant in the
drinking water and a brief and plainly worded statement of health
concerns that resulted in the regulation of that contaminant.
(C) The public water system's address and phone number to enable
customers to obtain further information concerning contaminants and
potential health effects.
(4) Information on the levels of unregulated contaminants, if any,
for which monitoring is required pursuant to state or federal law or
regulation.
(5) Disclosure of any variances or exemptions from primary
drinking water standards granted to the system and the basis
therefor.
(b) On or before July 1, 1998, and every three years thereafter,
public water systems serving more than 10,000 service connections
that detect one or more contaminants in drinking water that exceed
the applicable public health goal, shall prepare a brief written
report in plain language that does all of the following:
(1) Identifies each contaminant detected in drinking water that
exceeds the applicable public health goal.
(2) Discloses the numerical public health risk, determined by the
office, associated with the maximum contaminant level for each
contaminant identified in paragraph (1) and the numerical public
health risk determined by the office associated with the public
health goal for that contaminant.
(3) Identifies the category of risk to public health, including,
but not limited to, carcinogenic, mutagenic, teratogenic, and acute
toxicity, associated with exposure to the contaminant in drinking
water, and includes a brief plainly worded description of these
terms.
(4) Describes the best available technology, if any is then
available on a commercial basis, to remove the contaminant or reduce
the concentration of the contaminant. The public water system may,
solely at its own discretion, briefly describe actions that have been
taken on its own, or by other entities, to prevent the introduction
of the contaminant into drinking water supplies.
(5) Estimates the aggregate cost and the cost per customer of
utilizing the technology described in paragraph (4), if any, to
reduce the concentration of that contaminant in drinking water to a
level at or below the public health goal.
(6) Briefly describes what action, if any, the local water
purveyor intends to take to reduce the concentration of the
contaminant in public drinking water supplies and the basis for that
decision.
(c) Public water systems required to prepare a report pursuant to
subdivision (b) shall hold a public hearing for the purpose of
accepting and responding to public comment on the report. Public
water systems may hold the public hearing as part of any regularly
scheduled meeting.
(d) The department shall not require a public water system to take
any action to reduce or eliminate any exceedance of a public health
goal.
(e) Enforcement of this section does not require the department to
amend a public water system's operating permit.
(f) Pending adoption of a public health goal by the Office of
Environmental Health Hazard Assessment pursuant to subdivision (c) of
Section 116365, and in lieu thereof, public water systems shall use
the national maximum contaminant level goal adopted by the United
States Environmental Protection Agency for the corresponding
contaminant for purposes of complying with the notice and hearing
requirements of this section.
(g) This section is intended to provide an alternative form for
the federally required consumer confidence report as authorized by 42
U.S.C. Section 300g-3(c).
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 appropriated to the department,
without regard to fiscal years, to provide financial assistance to
public water systems and to fund emergency actions by the department
to ensure that safe drinking water supplies are available to all
Californians who are served by public water systems.
(b) The department may expend funds in the Emergency Clean Water
Grant Fund for the purposes specified in subdivision (a), including,
but not limited to, payment for all of the following actions:
(1) The provision of alternative water supplies and bottled water.
(2) Improvements of the existing water supply system.
(3) Hookups with adjacent water systems.
(4) Design, purchase, installation, and operation and maintenance
of water treatment technologies.
(c) The department shall develop and revise guidelines for the
allocation and administration of moneys in the Emergency Clean Water
Grant Fund. These guidelines shall include, but are not limited to,
all of the following:
(1) A definition of what constitutes an emergency requiring an
alternative or improved water supply.
(2) Priorities and procedures for allocating funds.
(3) Repayment provisions, as appropriate.
(4) Procedures for recovering funds from parties responsible for
the contamination of public water supplies.
The guidelines are not subject to Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.
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 or prevent an emergency or
imminent threat to public health due to the contamination or
potential contamination of the public water supply.
(b) Notwithstanding any other provision of law, the department may
enter into written contracts for remedial action taken or to be
taken pursuant to subdivision (a), and may enter into oral contracts,
not to exceed ten thousand dollars ($10,000) in obligation, when, in
the judgment of the department, immediate remedial action is
necessary to remedy or prevent an emergency specified in subdivision
(a). The contracts, written or oral, may include provisions for the
rental or purchase of tools and equipment, either with or without
operators, for the furnishing of labor and materials and for
engineering consulting necessary to accomplish the work.
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 provided for pursuant to Chapter 1
(commencing with Section 10100) of Part 2 of Division 2 of the Public
Contract Code.
(b) Chapter 10 (commencing with Section 4525) of Division 5 of
Title 1 of the Government Code.
(c) Section 14780 of the Government Code and Article 5 (commencing
with Section 10355) of Chapter 2 of Part 2 of Division 2 of the
Public Contract Code.
(d) Article 4 (commencing with Section 10335) of Chapter 2 of Part
2 of Division 2 of the Public Contract Code.
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 department's regulations is not
performed, or when a water purveyor fails to comply with the
conditions of any variance or exemption, the person operating the
public water system shall notify the department and shall give notice
to the users of that fact in the manner prescribed by the
department. When a variance or an exemption is granted, the person
operating the public water system shall give notice to the users of
that fact.
(b) When a person operating a public water system determines that
a significant rise in the bacterial count of water has occurred in
water he or she supplies, the person shall provide, at his or her
expense, a report on the rise in bacterial count of the water,
together with the results of an analysis of the water, within 24
hours to the department and, where appropriate, to the local health
officer.
(c) When the department receives the information described in
subdivision (b) and determines that it constitutes an immediate
danger to health, the department shall immediately notify the person
operating the public water system to implement the emergency
notification plan required by this chapter.
(d) In the case of a failure to comply with any primary drinking
water standard that represents an imminent danger to the health of
water users, the operator shall notify each of his or her customers
as provided in the approved emergency notification plan.
(e) In addition, the same notification requirement shall be
required in any instance in which the department or the local health
department recommends to the operator that it notify its customers to
avoid internal consumption of the water supply and to use bottled
water due to a chemical contamination problem that may pose a health
risk.
(f) The content of the notices required by this section shall be
approved by the department. Notice shall be repeated at intervals, as
required by the department, until the department concludes that
there is compliance with its standards or requirements. Notices may
be given by the department.
In any case where public notification is required by this section
because a contaminant is present in drinking water at a level in
excess of a primary drinking water standard, the notification shall
include identification of the contaminant, information on possible
effects of the contaminant on human health, and information on
specific measures that should be taken by persons or populations who
might be more acutely affected than the general population.
(g) Whenever a school or school system, the owner or operator of
residential rental property, or the owner or operator of a business
property receives a notification from a person operating a public
water system under any provision of this section, the school or
school system shall notify school employees, students and parents if
the students are minors, the owner or operator of a residential
rental property shall notify tenants, and the owner or operator of
business property shall notify employees of businesses located on the
property.
(1) The operator shall provide the customer with a sample
notification form that may be used by the customer in complying with
this subdivision and that shall indicate the nature of the problem
with the water supply and the most appropriate methods for
notification that may include, but is not limited to, the sending of
a letter to each water user and the posting of a notice at each site
where drinking water is dispensed.
(2) The notice required by this subdivision shall be given within
10 days of receipt of notification from the person operating the
public water system.
(3) Any person failing to give notice as required by this
subdivision shall be civilly liable in an amount not to exceed one
thousand dollars ($1,000) for each day of failure to give notice.
(4) If the operator has evidence of noncompliance with this
subdivision the operator shall report this information to the local
health department and the department.
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 contaminant found in drinking
water delivered by the public water system for human consumption that
is in excess of a maximum contaminant level, a notification level,
or a response level established by the department.
(1) If the public water system is a wholesale water system, then
the person operating the wholesale water system shall notify the
wholesale water system's governing body and the water systems that
are directly supplied with that drinking water. If the wholesale
water system is a water company regulated by the California Public
Utilities Commission, then the wholesale water system shall also
notify the commission. The commission in the exercise of its general
and specific powers to ensure the health, safety, and availability of
drinking water served by the utilities subject to its jurisdiction,
may order further action that is not inconsistent with the standards
and regulations of the department to ensure a potable water supply.
(2) If the public water system is a retail water system, then the
person operating the retail water system shall notify the retail
water system's governing body and the governing body of any local
agency whose jurisdiction includes areas supplied with drinking water
by the retail water system. If the retail water system is a water
company regulated by the California Public Utilities Commission, then
the retail water system shall also notify the commission. The
commission, in the exercise of its general and specific powers to
ensure the health, safety, and availability of drinking water served
by the utilities subject to its jurisdiction, may order further
action that is not inconsistent with the standards and regulations of
the department to ensure a potable water supply.
(b) The notification required by subdivision (a) shall identify
the drinking water source, the origin of the contaminant, if known,
the maximum contaminant level, response level, or notification level,
as appropriate, the concentration of the detected contaminant, and
the operational status of the drinking water source, and shall
provide a brief and plainly worded statement of health concerns.
(c) For purposes of this section, the following terms have the
following meanings:
(1) "Drinking water source" means an individual groundwater well,
an individual surface water intake, or in the case of water purchased
from another water system, the water at the service connection.
(2) "Local agency" means a city or county, or a city and county.
(3) "Notification level" means the concentration level of a
contaminant in drinking water delivered for human consumption that
the department has determined, based on available scientific
information, does not pose a significant health risk but warrants
notification pursuant to this section. Notification levels are
nonregulatory, health-based advisory levels established by the
department for contaminants in drinking water for which maximum
contaminant levels have not been established. Notification levels are
established as precautionary measures for contaminants that may be
considered candidates for establishment of maximum contaminant
levels, but have not yet undergone or completed the regulatory
standard setting process prescribed for the development of maximum
contaminant levels and are not drinking water standards.
(4) "Response level" means the concentration of a contaminant in
drinking water delivered for human consumption at which the
department recommends that additional steps, beyond notification
pursuant to this section, be taken to reduce public exposure to the
contaminant. Response levels are established in conjunction with
notification levels for contaminants that may be considered
candidates for establishment of maximum contaminant levels, but have
not yet undergone or completed the regulatory standard setting
process prescribed for the development of maximum contaminant levels
and are not drinking water standards.
(5) "Retail water system" means a public water system that
supplies water directly to the end user.
(6) "Wholesale water system" means a public water system that
supplies water to other public water systems for resale.
116460. No person shall operate a public water system without an
emergency notification plan that has been submitted to and approved
by the department. The emergency notification plan shall provide for
immediate notice to the customers of the public water system of any
significant rise in the bacterial count of water or other failure to
comply with any primary drinking water standard that represents an
imminent danger to the health of the water users.
No permit, variance, or exemption may be issued or amended under
this chapter until an emergency notification plan has been approved
by the department.
The department shall adopt regulations to implement the provisions
of this section. The regulations may provide for the exclusion of
public water systems from the requirements of this section when, in
the judgment of the department, the exclusion will best serve the
public interest.
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 utility under the jurisdiction of
the Public Utilities Commission with a continuous and adequate supply
of water or to bring the water system into conformity with secondary
drinking water standards, the commission may, after hearing, direct
the public utility to make the changes in its procedures or additions
to its facilities as the commission shall determine are necessary to
provide a continuous and adequate supply of water to the users
thereof or to bring the system into conformity with secondary
drinking water standards. Any proceeding of the commission pursuant
to this article shall be conducted as provided in Chapter 9
(commencing with Section 1701) of Part 1 of Division 1 of the Public
Utilities Code, and any order issued by the commission pursuant to
this action shall be subject to judicial review as provided in
Chapter 9.
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 report to each customer, other than an
occupant, as defined in Section 799.28 of the Civil Code, of a
recreational vehicle park. A public water system in a recreational
vehicle park with occupants as defined in Section 799.28 of the Civil
Code shall prominently display on a bulletin board at the entrance
to or in the office of the park, and make available upon request, a
copy of the report. The report shall include all of the following
information:
(1) The source of the water purveyed by the public water system.
(2) A brief and plainly worded definition of the terms "maximum
contaminant level," "primary drinking water standard," and "public
health goal."
(3) If any regulated contaminant is detected in public drinking
water supplied by the system during the past year, the report shall
include all of the following information:
(A) The level of the contaminant found in the drinking water, and
the corresponding public health goal and primary drinking water
standard for that contaminant.
(B) Any violations of the primary drinking water standard that
have occurred as a result of the presence of the contaminant in the
drinking water and a brief and plainly worded statement of health
concerns that resulted in the regulation of that contaminant.
(C) The public water system's address and phone number to enable
customers to obtain further information concerning contaminants and
potential health effects.
(4) Information on the levels of unregulated contaminants, if any,
for which monitoring is required pursuant to state or federal law or
regulation.
(5) Disclosure of any variances or exemptions from primary
drinking water standards granted to the system and the basis
therefor.
(b) On or before July 1, 1998, and every three years thereafter,
public water systems serving more than 10,000 service connections
that detect one or more contaminants in drinking water that exceed
the applicable public health goal, shall prepare a brief written
report in plain language that does all of the following:
(1) Identifies each contaminant detected in drinking water that
exceeds the applicable public health goal.
(2) Discloses the numerical public health risk, determined by the
office, associated with the maximum contaminant level for each
contaminant identified in paragraph (1) and the numerical public
health risk determined by the office associated with the public
health goal for that contaminant.
(3) Identifies the category of risk to public health, including,
but not limited to, carcinogenic, mutagenic, teratogenic, and acute
toxicity, associated with exposure to the contaminant in drinking
water, and includes a brief plainly worded description of these
terms.
(4) Describes the best available technology, if any is then
available on a commercial basis, to remove the contaminant or reduce
the concentration of the contaminant. The public water system may,
solely at its own discretion, briefly describe actions that have been
taken on its own, or by other entities, to prevent the introduction
of the contaminant into drinking water supplies.
(5) Estimates the aggregate cost and the cost per customer of
utilizing the technology described in paragraph (4), if any, to
reduce the concentration of that contaminant in drinking water to a
level at or below the public health goal.
(6) Briefly describes what action, if any, the local water
purveyor intends to take to reduce the concentration of the
contaminant in public drinking water supplies and the basis for that
decision.
(c) Public water systems required to prepare a report pursuant to
subdivision (b) shall hold a public hearing for the purpose of
accepting and responding to public comment on the report. Public
water systems may hold the public hearing as part of any regularly
scheduled meeting.
(d) The department shall not require a public water system to take
any action to reduce or eliminate any exceedance of a public health
goal.
(e) Enforcement of this section does not require the department to
amend a public water system's operating permit.
(f) Pending adoption of a public health goal by the Office of
Environmental Health Hazard Assessment pursuant to subdivision (c) of
Section 116365, and in lieu thereof, public water systems shall use
the national maximum contaminant level goal adopted by the United
States Environmental Protection Agency for the corresponding
contaminant for purposes of complying with the notice and hearing
requirements of this section.
(g) This section is intended to provide an alternative form for
the federally required consumer confidence report as authorized by 42
U.S.C. Section 300g-3(c).
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 appropriated to the department,
without regard to fiscal years, to provide financial assistance to
public water systems and to fund emergency actions by the department
to ensure that safe drinking water supplies are available to all
Californians who are served by public water systems.
(b) The department may expend funds in the Emergency Clean Water
Grant Fund for the purposes specified in subdivision (a), including,
but not limited to, payment for all of the following actions:
(1) The provision of alternative water supplies and bottled water.
(2) Improvements of the existing water supply system.
(3) Hookups with adjacent water systems.
(4) Design, purchase, installation, and operation and maintenance
of water treatment technologies.
(c) The department shall develop and revise guidelines for the
allocation and administration of moneys in the Emergency Clean Water
Grant Fund. These guidelines shall include, but are not limited to,
all of the following:
(1) A definition of what constitutes an emergency requiring an
alternative or improved water supply.
(2) Priorities and procedures for allocating funds.
(3) Repayment provisions, as appropriate.
(4) Procedures for recovering funds from parties responsible for
the contamination of public water supplies.
The guidelines are not subject to Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.
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 or prevent an emergency or
imminent threat to public health due to the contamination or
potential contamination of the public water supply.
(b) Notwithstanding any other provision of law, the department may
enter into written contracts for remedial action taken or to be
taken pursuant to subdivision (a), and may enter into oral contracts,
not to exceed ten thousand dollars ($10,000) in obligation, when, in
the judgment of the department, immediate remedial action is
necessary to remedy or prevent an emergency specified in subdivision
(a). The contracts, written or oral, may include provisions for the
rental or purchase of tools and equipment, either with or without
operators, for the furnishing of labor and materials and for
engineering consulting necessary to accomplish the work.
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 provided for pursuant to Chapter 1
(commencing with Section 10100) of Part 2 of Division 2 of the Public
Contract Code.
(b) Chapter 10 (commencing with Section 4525) of Division 5 of
Title 1 of the Government Code.
(c) Section 14780 of the Government Code and Article 5 (commencing
with Section 10355) of Chapter 2 of Part 2 of Division 2 of the
Public Contract Code.
(d) Article 4 (commencing with Section 10335) of Chapter 2 of Part
2 of Division 2 of the Public Contract Code.
