Cal. Code Regs. Tit. 22, § 64420.5 - POE Monitoring Program

(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 Monitoring Program sufficient to ensure that water treated by the proposed POE consistently meet drinking water standards. The POE Monitoring Program shall include the following:

(1) source water monitoring -- quarterly, with samples collected during the same month (first, second, or third) of each calendar quarter;

(2) POE effluent -- initially, with samples collected as soon as possible but no later than 72 hours after a device is installed; and

(3) POE effluent, on-going following the monitoring in paragraph (a)(2), annually, with one twelfth of all units sampled monthly on a rotating basis. After completion of one year of monitoring, a public water system may alternatively monitor one quarter of all units each calendar quarter provided that monitoring results do not exceed 75 percent (75%) of a contaminant's MCL, and the water system submits a revised monitoring plan to the State Board. Water systems shall resume monthly monitoring if results exceed 75 percent (75%) of a contaminant's MCL.

(b) For a contaminant other than nitrate, nitrite, nitrate plus nitrite, or perchlorate, after no less than one year of monitoring conducted pursuant to subsection (a), a public water system may reduce the number of POE units monitored to no fewer than one third of all installed units per year such that all installed devices are sampled no less frequently than once every three years, if all the results of the on-going monitoring conducted pursuant to paragraph (a)(3) do not exceed 75 percent (75%) of a contaminant's MCL, and the public water system submits a revised monitoring plan to the State Board.

(c) The State Board may require additional monitoring for the contaminant of concern or other contaminants, including microbial contaminants, if monitoring results indicate a potential health risk associated with the contaminant, POE technology, or a public water system's compliance with this Article.

(d) The public water system shall revise its POE Monitoring Program as necessary to ensure continuous effective treatment based on the on-going operation and maintenance of installed POEs or additional monitoring required pursuant to subsection (c). Revised POE Monitoring Programs shall be submitted to the State Board for review and may not be implemented without State Board approval confirming that the revised POE Monitoring Program meets the requirements of this section.

(e) The public water system shall maintain a copy of and implement the most current State Board-approved version of its POE Monitoring Program prepared pursuant to this section.

(f) If a POE effluent sample result exceeds an MCL for a contaminant other than nitrate, nitrite, nitrate plus nitrite, or perchlorate, the public water system shall:

(1) implement the public notification and alternative water procedures identified in its most current State Board-approved POE Treatment Strategy; and

(2) collect a confirmation sample within seven days of notification of the exceedance. If the confirmation sample, or the average of the original and confirmation sample, exceeds the MCL, notify the State Board within 48 hours of the result, complete corrective actions as soon as possible but within one month of receipt of the result, and increase the monitoring frequency, as requested by the State Board to assess the effectiveness of the corrective actions.

(g) If a POE effluent sample result exceeds an MCL for nitrate, nitrite, nitrate plus nitrite, or perchlorate;

(1) implement the public notification and alternative water procedures identified in its most current State Board-approved POE Treatment Strategy; and

(2) collect a confirmation sample within 72 hours of notification of the exceedance. If the confirmation sample, or the average of the original and confirmation sample, exceeds the MCL, notify the State Board within 24 hours of the result, continue to provide alternative water until the corrective actions have been confirmed to be effective, complete corrective actions as soon as possible but within one month of receipt of the result, and increase the monitoring frequency as requested by the State Board to assess the effectiveness of the corrective actions.

Notes

Cal. Code Regs. Tit. 22, § 64420.5

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, 116385 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).