Section 64420.2 - POE Requirements(a) Each POE must: (1) be independently certified in accordance with an American National Standard Institute (ANSI) standard that is applicable to the specific type of proposed POE and that adequately addresses a California drinking water standard; or(2) be approved by the State Board upon determination that the proposed POE unit design, construction, treatment performance, and available field or pilot test results can reliably produce water in compliance with California drinking water standards under local expected influent water quality and flow conditions;(3) be owned, controlled, operated, and maintained by the public water system and/or a person(s) under contract with the public water system, to ensure proper operation, maintenance, monitoring, and compliance with this Article and applicable drinking water standards;(4) be equipped with a mechanical warning (e.g. alarm, light, etc.) that alerts users when a unit needs maintenance or is no longer operating in a manner that assures the unit is producing effluent meeting state and federal drinking water standards, unless the device is equipped with an automatic shut-off mechanism that prevents the flow of water under such circumstances; and(5) be equipped with a totalizing flow meter.(b) Except as provided in subsection (c), pilot testing shall be performed by the public water system, and/or a person(s) under contract with the public water system, on each proposed type of POE to establish its use limitations and operations and maintenance criteria, as well as verification that it will produce effluent that meets drinking water standards under local expected influent water quality and flow conditions. Pilot testing shall include the following steps: (1) Prior to performing pilot testing, a pilot testing protocol shall be submitted to the State Board for review. The pilot testing protocol must be adequate to demonstrate that water treated by the POE will meet drinking water standards;(2) Pilot testing for a POE shall be conducted in the manner and for the time period specified by the most current pilot testing protocol for that POE approved under section 64420.2(b)(1), and shall be conducted for no less than two months; and(3) After completion of the pilot testing, the public water system shall submit a report to the State Board describing the results and findings of the pilot testing.(c) The State Board may exempt a public water system from the pilot testing requirements in section 64420.2(b), or permit a reduced level of pilot testing required pursuant to subsection (b), if: (1) the public water system demonstrates to the State Board that the POEs proposed for use have been tested, by the public water system or another person, under equivalent water quality and flow conditions; and(2) the limitations, criteria, and effluent verification in subsection (b) can be ascertained and have been reported to the State Board.Cal. Code Regs. Tit. 22, § 64420.2
1. New section filed as an emergency for filing and printing only on 4-1-2016; operative 4-1-2016 pursuant to Health and Safety Code (HSC) section 116380(b); exempt from the APA and OAL review pursuant to HSC section 116380(b). HSC section 116380(b) also provides that the regulations are to remain in effect until the earlier of January 1, 2018, or the effective date of regulations adopted by the State Board in accordance with HSC section 116380(a). (Register 2016, No. 14). For prior history, see Register 2015, No. 2.
2. Repeal and deletion by operation of Government Code section 11346.1(g) and Health and Safety Code section 116380(b)(2) (Register 2018, No. 1).
3. New section filed 3-22-2019; operative 3-22-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 12). Note: Authority cited: Sections 116271, 116275, 116350 and 116375, Health and Safety Code. Reference: Sections 116325, 116350, 116380, 116552 and 116835, Health and Safety Code.
1. New section filed 9-22-2011 as an emergency; operative 9-22-2011. Deemed to meet the emergency standard and submitted to OAL for file and print only pursuant to Health and Safety Code section 116380(b). Pursuant to Health and Safety Code section 116380(b)(2), effective until the earlier of January 1, 2014 or the effective date of regulations adopted pursuant to Health and Safety Code section 116380(a) (Register 2011, No. 38).
2. Repeal and deletion by operation of Government Code section 11346.1(g) and Health and Safety Code section 116380(b)(2) (Register 2018, No. 1).
3. New section filed 3-22-2019; operative 3/22/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 12).