SECTIONS 13520-13529.4 - California Statutes

WATER CODE

SECTION 13520-13529.4

13520. As used in this article "recycling criteria" are the levels
of constituents of recycled water, and means for assurance of
reliability under the design concept which will result in recycled
water safe from the standpoint of public health, for the uses to be
made.

13521. The State Department of Public Health shall establish
uniform statewide recycling criteria for each varying type of use of
recycled water where the use involves the protection of public
health.

13522. (a) If the State Department of Public Health or a local
health officer finds that a contamination exists as a result of the
use of recycled water, the department or local health officer shall
order the contamination abated in accordance with the procedure
provided for in Chapter 6 (commencing with Section 5400) of Part 3 of
Division 5 of the Health and Safety Code.
(b) The use of recycled water in accordance with the uniform
statewide recycling criteria established pursuant to Section 13521,
for the purpose of this section, does not cause, constitute, or
contribute to, any form of contamination, unless the department or
the regional board determines that contamination exists.

13522.5. (a) Except as provided in subdivision (e), any person
recycling or proposing to recycle water, or using or proposing to use
recycled water, within any region for any purpose for which
recycling criteria have been established, shall file with the
appropriate regional board a report containing information required
by the regional board.
(b) Except as provided in subdivision (e), every person recycling
water or using recycled water shall file with the appropriate
regional board a report of any material change or proposed change in
the character of the recycled water or its use.
(c) Each report under this section shall be sworn to, or submitted
under penalty of perjury.
(d) This section shall not be construed so as to require any
report in the case of any producing, manufacturing, or processing
operation involving the recycling of water solely for use in the
producing, manufacturing, or processing operation.
(e) Except upon the written request of the regional board, a
report is not required pursuant to this section from any user of
recycled water which is being supplied by a supplier or distributor
for whom a master recycling permit has been issued pursuant to
Section 13523.1.

13522.6. Any person failing to furnish a report under Section
13522.5 when so requested by a regional board is guilty of a
misdemeanor.

13522.7. The Attorney General, at the request of the regional
board, shall petition the superior court for the issuance of a
temporary restraining order, temporary injunction or permanent
injunction, or combination thereof, as may be appropriate, requiring
any person not complying with Section 13522.5 to comply forthwith.

13523. (a) Each regional board, after consulting with and receiving
the recommendations of the State Department of Public Health and any
party who has requested in writing to be consulted, and after any
necessary hearing, shall, if in the judgment of the board, it is
necessary to protect the public health, safety, or welfare, prescribe
water reclamation requirements for water that is used or proposed to
be used as recycled water.
(b) The requirements may be placed upon the person recycling
water, the user, or both. The requirements shall be established in
conformance with the uniform statewide recycling criteria established
pursuant to Section 13521. The regional board may require the
submission of a preconstruction report for the purpose of determining
compliance with the uniform statewide recycling criteria. The
requirements for a use of recycled water not addressed by the uniform
statewide recycling criteria shall be considered on a case-by-case
basis.

13523.1. (a) Each regional board, after consulting with, and
receiving the recommendations of, the State Department of Public
Health and any party who has requested in writing to be consulted,
with the consent of the proposed permittee, and after any necessary
hearing, may, in lieu of issuing waste discharge requirements
pursuant to Section 13263 or water recycling requirements pursuant to
Section 13523 for a user of recycled water, issue a master recycling
permit to a supplier or distributor, or both, of recycled water.
(b) A master recycling permit shall include, at least, all of the
following:
(1) Waste discharge requirements, adopted pursuant to Article 4
(commencing with Section 13260) of Chapter 4.
(2) A requirement that the permittee comply with the uniform
statewide recycling criteria established pursuant to Section 13521.
Permit conditions for a use of recycled water not addressed by the
uniform statewide water recycling criteria shall be considered on a
case-by-case basis.
(3) A requirement that the permittee establish and enforce rules
or regulations for recycled water users, governing the design and
construction of recycled water use facilities and the use of recycled
water, in accordance with the uniform statewide recycling criteria
established pursuant to Section 13521.
(4) A requirement that the permittee submit a quarterly report
summarizing recycled water use, including the total amount of
recycled water supplied, the total number of recycled water use
sites, and the locations of those sites, including the names of the
hydrologic areas underlying the recycled water use sites.
(5) A requirement that the permittee conduct periodic inspections
of the facilities of the recycled water users to monitor compliance
by the users with the uniform statewide recycling criteria
established pursuant to Section 13521 and the requirements of the
master recycling permit.
(6) Any other requirements determined to be appropriate by the
regional board.

13523.5. A regional board may not deny issuance of water
reclamation requirements to a project which violates only a salinity
standard in the basin plan.

13524. No person shall recycle water or use recycled water for any
purpose for which recycling criteria have been established until
water recycling requirements have been established pursuant to this
article or a regional board determines that no requirements are
necessary.

13525. Upon the refusal or failure of any person or persons
recycling water or using recycled water to comply with the provisions
of this article, the Attorney General, at the request of the
regional board, shall petition the superior court for the issuance of
a temporary restraining order, preliminary injunction, or permanent
injunction, or combination thereof, as may be appropriate,
prohibiting forthwith any person or persons from violating or
threatening to violate the provisions of this article.

13525.5. Any person recycling water or using recycled water in
violation of Section 13524, after such violation has been called to
his attention in writing by the regional board, is guilty of a
misdemeanor. Each day of such recycling or use shall constitute a
separate offense.

13526. Any person who, after such action has been called to his
attention in writing by the regional board, uses recycled water for
any purpose for which recycling criteria have been established prior
to the establishment of water recycling requirements, is guilty of a
misdemeanor.

13527. (a) In administering any statewide program of financial
assistance for water pollution or water quality control which may be
delegated to it pursuant to Chapter 6 (commencing with Section 13400)
of this division, the state board shall give added consideration to
water quality control facilities providing optimum water recycling
and use of recycled water.
(b) Nothing in this chapter prevents the appropriate regional
board from establishing waste discharge requirements if a discharge
is involved.

13528. This chapter shall not be construed as affecting the powers
of the State Department of Public Health.

13529. The Legislature hereby finds and declares all of the
following:
(a) The purpose of Section 13529.2 is to establish notification
requirements for unauthorized discharges of recycled water to waters
of the state.
(b) It is the intent of the Legislature in enacting this section
to promote the efficient and safe use of recycled water.
(c) The people of the state have a primary interest in the
development of facilities to recycle water to supplement existing
water supplies and to minimize the impacts of growing demand for new
water on sensitive natural water bodies.
(d) A substantial portion of the future water requirements of the
state may be economically met by the beneficial use of recycled
water.
(e) The Legislature has established a statewide goal to recycle
700,000 acre-feet of water per year by the year 2000 and 1,000,000
acre-feet of water per year by the year 2010.
(f) The use of recycled water has proven to be safe and the State
Department of Health Services is drafting regulations to provide for
expanded uses of recycled water.

13529.2. (a) Any person who , without regard to intent or
negligence, causes or permits an unauthorized discharge of 50,000
gallons or more of recycled water, as defined in subdivision (c), or
1,000 gallons or more of recycled water, as defined in subdivision
(d), in or on any waters of the state , or causes or permits such
unauthorized discharge to be discharged where it is, or probably will
be, discharged in or on any waters of the state, shall, as soon as
(1) that person has knowledge of the discharge, (2) notification is
possible, and (3) notification can be provided without substantially
impeding cleanup or other emergency measures, immediately notify the
appropriate regional board.
(b) For the purposes of this section, an unauthorized discharge
means a discharge not authorized by waste discharge requirements
pursuant to Article 4 of Chapter 4 (commencing with Section 13260),
water reclamation requirements pursuant to Section 13523, a master
reclamation permit pursuant to Section 13523.1, or any other
provision of this division.
(c) For the purposes of this section, "recycled water" means
wastewater treated as "disinfected tertiary 2.2 recycled water," as
defined or described by the State Department of Health Services or
wastewater receiving advanced treatment beyond disinfected tertiary
2.2 recycled water.
(d) For purposes of this section, "recycled water" means "recycled
water," as defined in subdivision (n) of Section 13050, which is
treated at a level less than "disinfected tertiary 2.2 recycled
water," as defined or described by the State Department of Health
Services.
(e) The requirements in this section supplement, and shall not
supplant, any other provisions of law.

13529.4. (a) Any person refusing or failing to provide the notice
required by Section 13529.2, or as required by a condition of waste
discharge requirements requiring notification of unauthorized
releases of recycled water as defined in Section 13529.2, may be
subject to administrative civil liability in an amount not to exceed
the following:
(1) For the first violation, or a subsequent violation occurring
more than 365 days from a previous violation, five thousand dollars
($5,000).
(2) For a second violation occurring within 365 days of a previous
violation, ten thousand dollars ($10,000).
(3) For a third or subsequent violation occurring within 365 days
of a previous violation, twenty-five thousand dollars ($25,000).
(b) The penalties in this section supplement, and shall not
supplant, any other provisions of law.