Cal. Code Regs. tit. 23 § 865

Current through Register 2024 Notice Reg. No. 43, October 25, 2024

Section 865 - Mandatory Actions by Water Suppliers

(a) As used in this article:

(1) "Distributor of a public water supply" has the same meaning as under section 350 of the Water Code, except it does not refer to such distributors when they are functioning solely in a wholesale capacity, but does apply to distributors when they are functioning in a retail capacity.

(2) "Urban water supplier" means a supplier that meets the definition set forth in Water Code section 10617, except it does not refer to suppliers when they are functioning solely in a wholesale capacity, but does apply to suppliers when they are functioning in a retail capacity.

(b) In furtherance of the promotion of water conservation each urban water supplier shall:

(1) Provide prompt notice to a customer whenever the supplier obtains information that indicates that a leak may exist within the end-users exclusive control.

(2) Prepare and submit to the State Water Resources Control Board by the 15th of each month a monitoring report on forms provided by the Board. The monitoring report shall include the amount of potable water the urban water supplier produced, including water provided by a wholesaler, in the preceding calendar month and shall compare that amount to the amount produced in the same calendar month in 2013. The monitoring report shall specify the population served by the urban water supplier, the percentage of water produced that is used for the residential sector, descriptive statistics on water conservation compliance and enforcement efforts, the number of days that outdoor irrigation is allowed, and monthly commercial, industrial and institutional sector use. The monitoring report shall also estimate the gallons of water per person per day used by the residential customers it serves.

(c) To prevent waste and unreasonable use of water and to promote water conservation, each distributor of a public water supply that is not an urban water supplier shall:

(1) Provide prompt notice to a customer whenever the supplier obtains information that indicates that a leak may exist within the end-user's exclusive control.

Cal. Code Regs. Tit. 23, § 865

Note: Authority cited: Section 1058.5, Water Code. Article X, Section 2, California Constitution; Sections 102, 104, 105, 275, 350, 1846, 10617 and 10632, Water Code; and Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463.

1. New section filed 7-28-2014 as an emergency; operative 7/28/2014 (Register 2014, No. 31). The finding of emergency was exempt from OAL review pursuant to Water Code section 1058.5(b). Pursuant to Water Code section 1058.5(c), a Certificate of Compliance must be transmitted to OAL by 4-24-2015 or emergency language will be repealed by operation of law on the following day.
3. New section refiled (with further amendments to section and Note) 5-18-2015 as an emergency; operative 5/18/2015 (Register 2015, No. 21). The finding of emergency was exempt from OAL review pursuant to Water Code section 1058.5(b). Pursuant to Water Code section 1058.5(c), a Certificate of Compliance must be transmitted to OAL by 2-12-2016 or emergency language will be repealed by operation of law on the following day.
4. New section refiled with further amendments 2-11-2016 as an emergency; operative 2-11-2016 (Register 2016, No. 7). The finding of emergency was exempt from OAL review pursuant to Water Code section 1058.5(b). Pursuant to Water Code section 1058.5(c), a Certificate of Compliance must be transmitted to OAL by 11-7-2016 or emergency language will be repealed by operation of law on the following day.
5. New section refiled 5-31-2016 as an emergency, including further amendments; operative 5/31/2016 (Register 2016, No. 23). The finding of emergency was exempt from OAL review pursuant to Water Code section 1058.5(b). Pursuant to Water Code section 1058.5(c), a Certificate of Compliance must be transmitted to OAL by 2-27-2017 or emergency language will be repealed by operation of law on the following day.
6. New section refiled 2-27-2017 as an emergency, including amendment of subsections (d)(2) and (g)(1) and repealer of subsection (g)(2); operative 2-27-2017 (Register 2017, No. 9). The finding of emergency was exempt from OAL review pursuant to Water Code section 1058.5(b). Pursuant to Water Code section 1058.5(c), a Certificate of Compliance must be transmitted to OAL by 11-24-2017 or emergency language will be repealed by operation of law on the following day.
7. Change without regulatory effect repealing subsections (a)(2)-(3) and (a)(5)-(6), subsection renumbering, repealing subsections (c)-(f)(4) and relettering subsections filed 6-9-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 23). On April 26, 2017, the State Water Resources Control Board made the finding required by Water Code section 1058.5, subdivision (c).