Section 60320.130 - Alternatives(a) A project sponsor may use an alternative to a requirement in this Article if the GRRP's project sponsor: (1) demonstrates to the Department that the proposed alternative assures at least the same level of protection to public health;(2) receives written approval from the Department prior to implementation of the alternative; and(3) if required by the Department or Regional Board, conducts a public hearing on the proposed alternative, disseminates information to the public, and receives public comments, pursuant to sections 60320.102(b) and (c).(b) Unless specified otherwise by the Department, the demonstration in subsection (a)(1) shall include the results of a review of the proposed alternative by an independent scientific advisory panel that includes a toxicologist, a registered engineering geologist or hydrogeologist, an engineer licensed in California with at least three years of experience in wastewater treatment and public drinking water supply, a microbiologist, and a chemist.(c) The TOC limit specified in section 60320.118(c) may be increased if: (1) The increased TOC limit is approved by the Department and Regional Board;(2) The GRRP has been in operation for the most recent ten consecutive years;(3) A project sponsor submits a proposal to the Department prepared and signed by an engineer licensed in California with at least three years of experience in the fields of wastewater treatment and public water supply. The proposal shall include the following, based on the most recent ten consecutive years of operation; (A) GRRP operations, monitoring, and compliance data,(B) Evidence that the GRRP has a history of compliance with the requirements of their Regional Board permit,(C) Evidence that the water collected at all downgradient drinking water wells and monitoring wells impacted by the GRRP has met the primary drinking water standards,(D) Analytical or treatment studies requested by the Department to make the determination in subparagraph (C),(E) Validation of appropriate construction and siting of monitoring wells pursuant to section 60320.126(a), and(F) A study defining the water quality changes, including organic carbon characterization, as a result of the impact of the GRRP; and(4) A project sponsor performs a health effects evaluation that assesses the health risks to consumers of water impacted by the GRRP, including any anticipated water quality changes resulting from the proposed increased TOC limit. The evaluation shall include the following;(A) An exposure assessment that characterizes the quality of the water consumed and the quantity of contaminants and chemicals consumed,(B) All available human epidemiologic studies of the population that has consumed water impacted by the GRRP,(C) The results of laboratory animal studies and health risk assessments available in peer-reviewed literature pertaining to water impacted by the GRRP and anticipated water quality changes resulting from the proposed increased TOC, including studies or assessments where extrapolation of data may be relevant,(D) A health risk assessment of the potential individual and cumulative effects of each of the regulated contaminants identified in section 60320.112, and the chemicals or contaminants monitored pursuant to sections 60320.120(a) and (c), that includes; 1. lifetime risks of cancer, and2. risks of non-cancer effects, and(E) A report detailing comments, questions, concerns, and conclusions of a review by an independent scientific peer review advisory panel that includes, as a minimum, a toxicologist, an epidemiologist, an engineering geologist or hydrogeologist registered in California, an engineer licensed in California with at least three years of experience in wastewater treatment and public water supply, a microbiologist, and a chemist.Cal. Code Regs. Tit. 22, § 60320.130
1. New section filed 6-18-2014 as an emergency; operative 6-18-2014. Submitted to OAL for filing and printing only. This adoption is not subject to OAL review and shall remain in effect until revised by the Department of Public Health pursuant to Water Code section 13562.5 (Register 2014, No. 25).
2. Change without regulatory effect amending subsection (c)(4)(D) filed 7-18-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 29). Note: Authority cited: Sections 13521, 13562 and 13562.5, Water Code; and Sections 131052 and 131200, Health and Safety Code. Reference: Sections 13520, 13522, 13522.5, 13523, 13523.1, 13524, 13560, 13561 and 13562.5, Water Code.
1. New section filed 6-18-2014 as an emergency; operative 6/18/2014. Submitted to OAL for filing and printing only. This adoption is not subject to OAL review and shall remain in effect until revised by the Department of Public Health pursuant to Water Code section 13562.5 (Register 2014, No. 25).
2. Change without regulatory effect amending subsection (c)(4)(D) filed 7-18-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 29).