Section 64420.3 - POE Treatment Strategy(a) Prior to installing POEs, and as part of its permit application to use POE in lieu of centralized treatment, a public water system shall submit to the State Board a POE Treatment Strategy sufficient to reliably reduce levels of contaminants and comply with drinking water standards. The POE Treatment Strategy shall include each of the following: (1) A description of the compliance issues for which POEs are being proposed to address and how the use of POEs will achieve compliance;(2) A description of how the public water system will determine the type, number, and location of POEs to ensure POEs serve, in their entirety, each building connected to the public water system;(3) The public water system's authority to require customers to accept POEs in lieu of centralized treatment and to take an action, such as discontinuing service, if a customer fails to accept POEs, or disconnects or modifies a POE installed pursuant to this Article;(4) The basis for the POE selection(s);(5) The qualifications and identification of the person(s) responsible for POE installation, operation, maintenance, and water quality sampling and analyses;(6) A Customer Education Program that includes information about the POE, how the devices work, required maintenance and monitoring, and the need for the person(s) responsible for the POE, as defined in paragraph (a)(5) of this section, to have access to the device to perform required maintenance and monitoring. The Customer Education Program shall be designed to reach all customers and shall be implemented prior to and following installation of POEs;(7) The authority, ordinances, and/or access agreements adequate to allow the public water system's representatives access to customers' premises for POE installation, maintenance, and water quality monitoring, as well as the surveys necessary to meet paragraph (a)(2);(8) Identification of applicable local regulatory requirements;(9) A Consumer Notification Protocol designed to timely inform consumers, in the appropriate language(s), in the event that an installed POE fails to produce water that meets drinking water standards. The Consumer Notification Protocol shall include: (A) an example of a notice that includes the requirements of Article 18 of this Title, and(B) a plan for providing an alternative water supply that meets drinking water standards, consistent with section 64551.100 of this Title, in a quantity sufficient for daily household ingestion needs, to customers served by each installed POE not meeting drinking water standards. An alternative water supply shall be provided according to the following timeline; 1. as soon as possible, but no later than 24 hours following the receipt of results of confirmation samples indicating an MCL exceedance for nitrate, nitrite, nitrate plus nitrite, or perchlorate, or2. as soon as possible, but no later than 7 days following the receipt of results of confirmation samples indicating an MCL exceedance for contaminants other than nitrate, nitrite, nitrate plus nitrite, or perchlorate;(10) A Customer Notification Protocol for routine notifications that includes examples of notices, to be provided no less frequently than quarterly, in the appropriate language(s) to inform each customer:(A) which water supplies are not treated by the POEs, and(B) regarding the mechanical warning or shut-off mechanism required pursuant to paragraph 64420.2(a)(5), including a telephone number that connects the customer to water system personnel or recording system that shall be accessible by water system personnel 24 hours a day, seven days a week, for the purpose of providing the customer a reliable means of notifying personnel when the mechanical warning or shut-off mechanism is activated;(11) The proposed schedules for: (A) the distribution of public hearing information pursuant to section 64420.6,(B) the public hearing required pursuant to section 64420.6,(C) the distribution to customers of POE acceptance surveys pursuant to section 64420.6,(D) POE installation, and(E) the construction of centralized treatment;(12) An estimate of the percent of all customers within the public water system's service area who are expected to voluntarily allow installation of POE devices, as well as a description of how the public water system will address customers who do not; and(13) The means for ensuring that the rights and responsibilities of the customer, with respect to an installed POE, convey with title upon the sale or transfer of property to which the POE is attached.(b) A public water system shall comply with the most current State Board-approved version of its POE Treatment Strategy at all times.Cal. Code Regs. Tit. 22, § 64420.3
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 and 116552, 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).