CALIFORNIA STATUTES AND CODES
SECTIONS 13540-13541
WATER CODE
SECTION 13540-13541
13540. (a) A person shall not construct, maintain, or use any waste
well extending to or into a subterranean water-bearing stratum that
is used or intended to be used as, or is suitable for, a source of
water supply for domestic purposes.
(b) (1) Notwithstanding subdivision (a), when a regional board
finds that water quality considerations do not preclude controlled
recharge of the stratum by direct injection, and when the State
Department of Public Health, following a public hearing, finds the
proposed recharge will not degrade the quality of water in the
receiving aquifer as a source of water supply for domestic purposes,
recycled water may be injected by a well into the stratum. The State
Department of Public Health may make and enforce any regulations
pertaining to this subdivision as it deems proper.
(2) This section shall not be construed to do either or both of
the following:
(A) Affect the authority of the state board or regional boards to
prescribe and enforce requirements for the discharge.
(B) Preempt the exercise by a water district of its existing
ordinance authority to impose or implement stricter standards for
protecting groundwater quality in the receiving aquifer.
(c) If the State Department of Public Health makes the findings
provided for in subdivision (b), the department shall consider the
state board's Statement of Policy with Respect to Maintaining High
Quality of Waters in California, as set forth in Resolution 68-16,
dated October 28, 1968, and shall also consider current and potential
future public health consequences of the controlled recharge.
13541. As used in this article, "waste well" includes any hole dug
or drilled into the ground, used or intended to be used for the
disposal of waste.
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