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Article 7. Requirements And Compliance of California Health And Safety Code >> Division 104. >> Part 12. >> Chapter 4. >> Article 7.
(a) No person shall operate a public water system unless he
or she first submits an application to the department and receives a
permit as provided in this chapter. A change in ownership of a
public water system shall require the submission of a new
application.
(b) The department may require a new application whenever a change in regulatory jurisdiction has occurred.
(c) The department may renew, reissue, revise, or amend any domestic water supply permit whenever the department deems it to be necessary for the protection of public health whether or not an application has been filed.
(b) The department may require a new application whenever a change in regulatory jurisdiction has occurred.
(c) The department may renew, reissue, revise, or amend any domestic water supply permit whenever the department deems it to be necessary for the protection of public health whether or not an application has been filed.
A public water system shall submit a technical report to
the department as part of the permit application or when otherwise
required by the department. This report may include, but not be
limited to, detailed plans and specifications, water quality
information, and physical descriptions of the existing or proposed
system, and financial assurance information.
Upon determination that an application submitted pursuant
to this chapter is complete, the department shall make a thorough
investigation of the proposed or existing plant, works, system, or
water supply, and all other circumstances and conditions that it
deems material, including any required financial assurance
information.
Following completion of the investigation and satisfaction
of the requirements of subdivisions (a) and (b), the department shall
issue or deny the permit. The department may impose permit
conditions, requirements for system improvements, and time schedules
as it deems necessary to ensure a reliable and adequate supply of
water at all times that is pure, wholesome, potable, and does not
endanger the health of consumers.
(a) No public water system that was not in existence on January 1, 1998, shall be granted a permit unless the system demonstrates to the department that the water supplier possesses adequate financial, managerial, and technical capability to ensure the delivery of pure, wholesome, and potable drinking water. This section shall also apply to any change of ownership of a public water system that occurs after January 1, 1998.
(b) No permit under this chapter shall be issued to an association organized under Title 3 (commencing with Section 18000) of the Corporations Code. This section shall not apply to unincorporated associations that as of December 31, 1990, are holders of a permit issued under this chapter.
(a) No public water system that was not in existence on January 1, 1998, shall be granted a permit unless the system demonstrates to the department that the water supplier possesses adequate financial, managerial, and technical capability to ensure the delivery of pure, wholesome, and potable drinking water. This section shall also apply to any change of ownership of a public water system that occurs after January 1, 1998.
(b) No permit under this chapter shall be issued to an association organized under Title 3 (commencing with Section 18000) of the Corporations Code. This section shall not apply to unincorporated associations that as of December 31, 1990, are holders of a permit issued under this chapter.
Prior to the issuance of any new, revised, renewed, or
amended permit, or the denial of a permit, the department may conduct
a public hearing to obtain additional public comment. Notice of the
hearing shall be provided to the applicant and interested persons at
least 30 days prior to the hearing. The department may require the
applicant to distribute the notice of the hearing to affected
consumers.
(a) No person operating a public water system shall modify,
add to or change his or her source of supply or method of treatment
of, or change his or her distribution system as authorized by a valid
existing permit issued to him or her by the department unless the
person first submits an application to the department and receives an
amended permit as provided in this chapter authorizing the
modification, addition, or change in his or her source of supply or
method of treatment.
(b) Unless otherwise directed by the department, changes in distribution systems may be made without the submission of a permit application if the changes comply in all particulars with the waterworks standards.
(b) Unless otherwise directed by the department, changes in distribution systems may be made without the submission of a permit application if the changes comply in all particulars with the waterworks standards.
The state board shall not issue a permit to a public water
system or amend a valid existing permit for the use of a reservoir as
a source of supply that is directly augmented with recycled water,
as defined in subdivision (n) of Section 13050 of the Water Code,
unless the state board does all of the following:
(a) Performs an engineering evaluation that evaluates the proposed treatment technology and finds that the proposed technology will ensure that the recycled water meets all applicable primary and secondary drinking water standards and poses no significant threat to public health.
(b) Holds at least three duly noticed public hearings in the area where the recycled water is proposed to be used or supplied for human consumption to receive public testimony on that proposed use. The state board shall make available to the public, not less than 10 days prior to the date of the first hearing held pursuant to this subdivision, the evaluations and findings made pursuant to subdivision (a).
(a) Performs an engineering evaluation that evaluates the proposed treatment technology and finds that the proposed technology will ensure that the recycled water meets all applicable primary and secondary drinking water standards and poses no significant threat to public health.
(b) Holds at least three duly noticed public hearings in the area where the recycled water is proposed to be used or supplied for human consumption to receive public testimony on that proposed use. The state board shall make available to the public, not less than 10 days prior to the date of the first hearing held pursuant to this subdivision, the evaluations and findings made pursuant to subdivision (a).
The State Water Resources Control Board shall not issue a
permit to a public water system or amend a valid existing permit to
allow the use of point-of-use or point-of-entry treatment unless the
State Water Resources Control Board determines, after conducting a
public hearing in the community served by the public water system,
that there is no substantial community opposition to the installation
of the treatment devices. The issuance of a permit pursuant to this
section shall be limited to not more than three years or until
funding for centralized treatment is available, whichever occurs
first.
(a) Any person who owns a public water system shall ensure
that the system does all of the following:
(1) Complies with primary and secondary drinking water standards.
(2) Will not be subject to backflow under normal operating conditions.
(3) Provides a reliable and adequate supply of pure, wholesome, healthful, and potable water.
(4) Employs or utilizes only water treatment operators or water treatment operators-in-training that have been certified by the department at the appropriate grade.
(5) Complies with the operator certification program established pursuant to Chapter 4 (commencing with Section 106875).
(b) Any person who owns a community water system or a nontransient noncommunity water system shall do all of the following:
(1) Employ or utilize only water distribution system operators who have been certified by the department at the appropriate grade for positions in responsible charge of the distribution system.
(2) Place the direct supervision of the water system, including water treatment plants, water distribution systems, or both under the responsible charge of an operator or operators holding a valid certification equal to or greater than the classification of the treatment plant and the distribution system.
(1) Complies with primary and secondary drinking water standards.
(2) Will not be subject to backflow under normal operating conditions.
(3) Provides a reliable and adequate supply of pure, wholesome, healthful, and potable water.
(4) Employs or utilizes only water treatment operators or water treatment operators-in-training that have been certified by the department at the appropriate grade.
(5) Complies with the operator certification program established pursuant to Chapter 4 (commencing with Section 106875).
(b) Any person who owns a community water system or a nontransient noncommunity water system shall do all of the following:
(1) Employ or utilize only water distribution system operators who have been certified by the department at the appropriate grade for positions in responsible charge of the distribution system.
(2) Place the direct supervision of the water system, including water treatment plants, water distribution systems, or both under the responsible charge of an operator or operators holding a valid certification equal to or greater than the classification of the treatment plant and the distribution system.
Notwithstanding subdivision (c) of Section 116555 and its
implementing regulations, including Sections 64562 and 64568 of the
California Code of Regulations, the Redwood Valley County Water
District, in order to relieve hardship, may make not more than 135
new 3/4-inch equivalent domestic service connections to its water
system if all of the following conditions are met:
(a) The district has a contract, agreement, or independent water right to divert water from Lake Mendocino or another adequate source of water supply.
(b) Redwood Valley is an allowed place of use under that contract, agreement, or water right.
(c) The department has determined that the water source provides an adequate physical supply of water under its duly adopted waterworks standards.
(d) The connection will relieve hardship, as determined by the district based on objective proof that the structure served by the connection was constructed prior to December 31, 1997, and absent a connection, only has access to a water supply that furnishes an inadequate quality or quantity of water as measured by drinking water standards adopted by the district.
(e) The connections authorized by this section are in addition to connections otherwise allowed by law, including connections authorized by Section 116555.
(a) The district has a contract, agreement, or independent water right to divert water from Lake Mendocino or another adequate source of water supply.
(b) Redwood Valley is an allowed place of use under that contract, agreement, or water right.
(c) The department has determined that the water source provides an adequate physical supply of water under its duly adopted waterworks standards.
(d) The connection will relieve hardship, as determined by the district based on objective proof that the structure served by the connection was constructed prior to December 31, 1997, and absent a connection, only has access to a water supply that furnishes an inadequate quality or quantity of water as measured by drinking water standards adopted by the district.
(e) The connections authorized by this section are in addition to connections otherwise allowed by law, including connections authorized by Section 116555.
(a) Each public water system serving 1,000 or more service
connections, and any public water system that treats water on behalf
of one or more public water systems for the purpose of rendering it
safe for human consumption, shall reimburse the state board for the
actual cost incurred by the state board for conducting those
activities mandated by this chapter relating to the issuance of
domestic water supply permits, inspections, monitoring, surveillance,
and water quality evaluation that relate to that specific public
water system. The amount of reimbursement shall be sufficient to pay,
but in no event shall exceed, the state board's actual cost in
conducting these activities.
(b) Each public water system serving fewer than 1,000 service connections shall pay an annual drinking water operating fee to the state board as set forth in this subdivision for costs incurred by the state board for conducting those activities mandated by this chapter relating to inspections, monitoring, surveillance, and water quality evaluation relating to public water systems. The total amount of fees shall be sufficient to pay, but in no event shall exceed, the state board's actual cost in conducting these activities. Notwithstanding adjustment of actual fees collected pursuant to Section 100425 as authorized pursuant to subdivision (d) of Section 116590, the amount that shall be paid annually by a public water system pursuant to this section shall be as follows:
(1) Community water systems, six dollars ($6) per service connection, but not less than two hundred fifty dollars ($250) per water system, which may be increased by the state board, as provided for in subdivision (f), to ten dollars ($10) per service connection, but not less than two hundred fifty dollars ($250) per water system.
(2) Nontransient noncommunity water systems pursuant to subdivision (k) of Section 116275, two dollars ($2) per person served, but not less than four hundred fifty-six dollars ($456) per water system, which may be increased by the state board, as provided for in subdivision (f), to three dollars ($3) per person served, but not less than four hundred fifty-six dollars ($456) per water system.
(3) Transient noncommunity water systems pursuant to subdivision (o) of Section 116275, eight hundred dollars ($800) per water system, which may be increased by the state board, as provided for in subdivision (f), to one thousand three hundred thirty-five dollars ($1,335) per water system.
(4) Noncommunity water systems in possession of a current exemption pursuant to former Section 116282 on January 1, 2012, one hundred two dollars ($102) per water system.
(c) For purposes of determining the fees provided for in subdivision (a), the state board shall maintain a record of its actual costs for pursuing the activities specified in subdivision (a) relative to each system required to pay the fees. The fee charged each system shall reflect the state board's actual cost, or in the case of a local primacy agency the local primacy agency's actual cost, of conducting the specified activities.
(d) The state board shall submit an invoice for cost reimbursement for the activities specified in subdivision (a) to the public water systems no more than twice a year.
(1) The state board shall submit one estimated cost invoice to public water systems serving 1,000 or more service connections and any public water system that treats water on behalf of one or more public water systems for the purpose of rendering it safe for human consumption. This invoice shall include the actual hours expended during the first six months of the fiscal year. The hourly cost rate used to determine the amount of the estimated cost invoice shall be the rate for the previous fiscal year.
(2) The state board shall submit a final invoice to the public water system before October 1 following the fiscal year that the costs were incurred. The invoice shall indicate the total hours expended during the fiscal year, the reasons for the expenditure, the hourly cost rate of the state board for the fiscal year, the estimated cost invoice, and payments received. The amount of the final invoice shall be determined using the total hours expended during the fiscal year and the actual hourly cost rate of the state board for the fiscal year. The payment of the estimated invoice, exclusive of late penalty, if any, shall be credited toward the final invoice amount.
(3) Payment of the invoice issued pursuant to paragraphs (1) and (2) shall be made within 90 days of the date of the invoice. Failure to pay the amount of the invoice within 90 days shall result in a 10-percent late penalty that shall be paid in addition to the invoiced amount.
(e) Any public water system under the jurisdiction of a local primacy agency shall pay the fees specified in this section to the local primacy agency in lieu of the state board. This section shall not preclude a local health officer from imposing additional fees pursuant to Section 101325.
(f) The state board may increase the fees established in subdivision (b) as follows:
(1) By February 1 of the fiscal year prior to the fiscal year for which fees are proposed to be increased, the state board shall publish a list of fees for the following fiscal year and a report showing the calculation of the amount of the fees.
(2) The state board shall make the report and the list of fees available to the public by submitting them to the Legislature and posting them on the state board's Internet Web site.
(3) The state board shall establish the amount of fee increases subject to the approval and appropriation by the Legislature.
(g) This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
(b) Each public water system serving fewer than 1,000 service connections shall pay an annual drinking water operating fee to the state board as set forth in this subdivision for costs incurred by the state board for conducting those activities mandated by this chapter relating to inspections, monitoring, surveillance, and water quality evaluation relating to public water systems. The total amount of fees shall be sufficient to pay, but in no event shall exceed, the state board's actual cost in conducting these activities. Notwithstanding adjustment of actual fees collected pursuant to Section 100425 as authorized pursuant to subdivision (d) of Section 116590, the amount that shall be paid annually by a public water system pursuant to this section shall be as follows:
(1) Community water systems, six dollars ($6) per service connection, but not less than two hundred fifty dollars ($250) per water system, which may be increased by the state board, as provided for in subdivision (f), to ten dollars ($10) per service connection, but not less than two hundred fifty dollars ($250) per water system.
(2) Nontransient noncommunity water systems pursuant to subdivision (k) of Section 116275, two dollars ($2) per person served, but not less than four hundred fifty-six dollars ($456) per water system, which may be increased by the state board, as provided for in subdivision (f), to three dollars ($3) per person served, but not less than four hundred fifty-six dollars ($456) per water system.
(3) Transient noncommunity water systems pursuant to subdivision (o) of Section 116275, eight hundred dollars ($800) per water system, which may be increased by the state board, as provided for in subdivision (f), to one thousand three hundred thirty-five dollars ($1,335) per water system.
(4) Noncommunity water systems in possession of a current exemption pursuant to former Section 116282 on January 1, 2012, one hundred two dollars ($102) per water system.
(c) For purposes of determining the fees provided for in subdivision (a), the state board shall maintain a record of its actual costs for pursuing the activities specified in subdivision (a) relative to each system required to pay the fees. The fee charged each system shall reflect the state board's actual cost, or in the case of a local primacy agency the local primacy agency's actual cost, of conducting the specified activities.
(d) The state board shall submit an invoice for cost reimbursement for the activities specified in subdivision (a) to the public water systems no more than twice a year.
(1) The state board shall submit one estimated cost invoice to public water systems serving 1,000 or more service connections and any public water system that treats water on behalf of one or more public water systems for the purpose of rendering it safe for human consumption. This invoice shall include the actual hours expended during the first six months of the fiscal year. The hourly cost rate used to determine the amount of the estimated cost invoice shall be the rate for the previous fiscal year.
(2) The state board shall submit a final invoice to the public water system before October 1 following the fiscal year that the costs were incurred. The invoice shall indicate the total hours expended during the fiscal year, the reasons for the expenditure, the hourly cost rate of the state board for the fiscal year, the estimated cost invoice, and payments received. The amount of the final invoice shall be determined using the total hours expended during the fiscal year and the actual hourly cost rate of the state board for the fiscal year. The payment of the estimated invoice, exclusive of late penalty, if any, shall be credited toward the final invoice amount.
(3) Payment of the invoice issued pursuant to paragraphs (1) and (2) shall be made within 90 days of the date of the invoice. Failure to pay the amount of the invoice within 90 days shall result in a 10-percent late penalty that shall be paid in addition to the invoiced amount.
(e) Any public water system under the jurisdiction of a local primacy agency shall pay the fees specified in this section to the local primacy agency in lieu of the state board. This section shall not preclude a local health officer from imposing additional fees pursuant to Section 101325.
(f) The state board may increase the fees established in subdivision (b) as follows:
(1) By February 1 of the fiscal year prior to the fiscal year for which fees are proposed to be increased, the state board shall publish a list of fees for the following fiscal year and a report showing the calculation of the amount of the fees.
(2) The state board shall make the report and the list of fees available to the public by submitting them to the Legislature and posting them on the state board's Internet Web site.
(3) The state board shall establish the amount of fee increases subject to the approval and appropriation by the Legislature.
(g) This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
(a) Each public water system shall submit an annual fee
according to a fee schedule established by the state board pursuant
to subdivision (c) for the purpose of reimbursing the state board for
the costs incurred by the state board for conducting activities
mandated by this chapter. The amount of reimbursement shall be
sufficient to pay, but in no event shall exceed, the state board's
costs in conducting these activities, including a prudent reserve in
the Safe Drinking Water Account.
(b) Payment of the annual fee shall be due 90 calendar days following the due date established in the schedule. Failure to pay the annual fee within 90 calendar days shall result in a 10-percent late penalty that shall be paid in addition to the fee.
(c) The state board shall adopt, by regulation, a schedule of fees, as authorized by this section. The regulations may include provisions concerning the administration and collection of the fees.
(d) The state board shall set the amount of total revenue collected each year through the fee schedule at an amount equal to the amount appropriated by the Legislature in the annual Budget Act from the Safe Drinking Water Account for expenditure for the administration of this chapter, taking into account the reserves in the Safe Drinking Water Account. The state board shall review and revise the fees each fiscal year as necessary to conform with the amounts appropriated by the Legislature. If the state board determines that the revenue collected during the preceding year was greater than, or less than, the amounts appropriated by the Legislature, the state board may further adjust the fees to compensate for the over or under collection of revenue.
(e) (1) Except as provided in subparagraph (A) of paragraph (2), the regulations adopted pursuant to this section, any amendment thereto, or subsequent adjustments to the annual fees, shall be adopted by the state board as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare.
(2) Notwithstanding Section 116377, both of the following shall apply:
(A) The initial regulations adopted by the state board to implement this section shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and may not rely on the statutory declaration of emergency in paragraph (1) or Section 116377.
(B) Any emergency regulations adopted by the state board, or adjustments to the annual fees made by the state board pursuant to this section, shall not be subject to review by the Office of Administrative Law and shall remain in effect until revised by the state board.
(f) A public water system under the jurisdiction of a local primacy agency shall pay the fees specified in this section to the local primacy agency in lieu of the state board. This section does not preclude a local health officer from imposing additional fees pursuant to Section 101325.
(g) This section shall become operative on July 1, 2016.
(b) Payment of the annual fee shall be due 90 calendar days following the due date established in the schedule. Failure to pay the annual fee within 90 calendar days shall result in a 10-percent late penalty that shall be paid in addition to the fee.
(c) The state board shall adopt, by regulation, a schedule of fees, as authorized by this section. The regulations may include provisions concerning the administration and collection of the fees.
(d) The state board shall set the amount of total revenue collected each year through the fee schedule at an amount equal to the amount appropriated by the Legislature in the annual Budget Act from the Safe Drinking Water Account for expenditure for the administration of this chapter, taking into account the reserves in the Safe Drinking Water Account. The state board shall review and revise the fees each fiscal year as necessary to conform with the amounts appropriated by the Legislature. If the state board determines that the revenue collected during the preceding year was greater than, or less than, the amounts appropriated by the Legislature, the state board may further adjust the fees to compensate for the over or under collection of revenue.
(e) (1) Except as provided in subparagraph (A) of paragraph (2), the regulations adopted pursuant to this section, any amendment thereto, or subsequent adjustments to the annual fees, shall be adopted by the state board as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare.
(2) Notwithstanding Section 116377, both of the following shall apply:
(A) The initial regulations adopted by the state board to implement this section shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and may not rely on the statutory declaration of emergency in paragraph (1) or Section 116377.
(B) Any emergency regulations adopted by the state board, or adjustments to the annual fees made by the state board pursuant to this section, shall not be subject to review by the Office of Administrative Law and shall remain in effect until revised by the state board.
(f) A public water system under the jurisdiction of a local primacy agency shall pay the fees specified in this section to the local primacy agency in lieu of the state board. This section does not preclude a local health officer from imposing additional fees pursuant to Section 101325.
(g) This section shall become operative on July 1, 2016.
(a) Each public water system serving less than 1,000
service connections applying for a domestic water supply permit
pursuant to Section 116525 or 116550 shall pay a permit application
processing fee to the state board. Payment of the fee shall accompany
the application for the permit or permit amendment.
(b) The amount of the permit application fee required under subdivision (a) shall be as follows:
(1) A new community water system for which no domestic water supply permits have been previously issued by the state board shall pay an application fee of five hundred dollars ($500).
(2) A new noncommunity water system for which no domestic water supply permits have been previously issued by the state board shall pay an application fee of three hundred dollars ($300).
(3) An existing public water system applying for an amendment to a domestic water supply permit due to a change in ownership shall pay an application fee of one hundred fifty dollars ($150).
(4) An existing public water system applying for an amendment to a domestic water supply permit due to an addition or modification of the source of supply, or an addition or change in the method of treatment of the water supply shall pay an application fee of two hundred fifty dollars ($250).
(c) Any public water system under the jurisdiction of a local primacy agency shall pay the permit application fees specified in this section to the local primacy agency in lieu of the state board.
(d) This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
(b) The amount of the permit application fee required under subdivision (a) shall be as follows:
(1) A new community water system for which no domestic water supply permits have been previously issued by the state board shall pay an application fee of five hundred dollars ($500).
(2) A new noncommunity water system for which no domestic water supply permits have been previously issued by the state board shall pay an application fee of three hundred dollars ($300).
(3) An existing public water system applying for an amendment to a domestic water supply permit due to a change in ownership shall pay an application fee of one hundred fifty dollars ($150).
(4) An existing public water system applying for an amendment to a domestic water supply permit due to an addition or modification of the source of supply, or an addition or change in the method of treatment of the water supply shall pay an application fee of two hundred fifty dollars ($250).
(c) Any public water system under the jurisdiction of a local primacy agency shall pay the permit application fees specified in this section to the local primacy agency in lieu of the state board.
(d) This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
(a) Each public water system shall reimburse the state
board for actual costs incurred by the state board for any of the
following enforcement activities related to that water system:
(1) Preparing, issuing, and monitoring compliance with, an order or a citation.
(2) Preparing and issuing public notification.
(3) Conducting a hearing pursuant to Section 116625.
(b) The state board shall submit an invoice for these enforcement costs to the public water system that requires payment before September 1 of the fiscal year following the fiscal year in which the costs were incurred. The invoice shall indicate the total hours expended, the reasons for the expenditure, and the hourly cost rate of the state board. The costs set forth in the invoice shall not exceed the total actual costs to the state board of enforcement activities specified in this section.
(c) Notwithstanding the reimbursement of enforcement costs of the local primacy agency pursuant to subdivision (a) of Section 116595 by a public water system under the jurisdiction of the local primacy agency, a public water system shall also reimburse enforcement costs, if any, incurred by the state board pursuant to this section.
(d) "Enforcement costs," as used in this section, does not include "litigation costs" pursuant to Section 116585.
(e) The state board shall not be entitled to enforcement costs pursuant to this section if a court determines that enforcement activities were in error.
(f) Payment of the invoice shall be made within 90 days of the date of the invoice. Failure to pay the invoice within 90 days shall result in a 10-percent late penalty that shall be paid in addition to the invoiced amount.
(g) The state board may, at its sole discretion, waive payment by a public water system of all or any part of the invoice or penalty.
(1) Preparing, issuing, and monitoring compliance with, an order or a citation.
(2) Preparing and issuing public notification.
(3) Conducting a hearing pursuant to Section 116625.
(b) The state board shall submit an invoice for these enforcement costs to the public water system that requires payment before September 1 of the fiscal year following the fiscal year in which the costs were incurred. The invoice shall indicate the total hours expended, the reasons for the expenditure, and the hourly cost rate of the state board. The costs set forth in the invoice shall not exceed the total actual costs to the state board of enforcement activities specified in this section.
(c) Notwithstanding the reimbursement of enforcement costs of the local primacy agency pursuant to subdivision (a) of Section 116595 by a public water system under the jurisdiction of the local primacy agency, a public water system shall also reimburse enforcement costs, if any, incurred by the state board pursuant to this section.
(d) "Enforcement costs," as used in this section, does not include "litigation costs" pursuant to Section 116585.
(e) The state board shall not be entitled to enforcement costs pursuant to this section if a court determines that enforcement activities were in error.
(f) Payment of the invoice shall be made within 90 days of the date of the invoice. Failure to pay the invoice within 90 days shall result in a 10-percent late penalty that shall be paid in addition to the invoiced amount.
(g) The state board may, at its sole discretion, waive payment by a public water system of all or any part of the invoice or penalty.
(a) Each public water system that requests an exemption,
plan review, variance, or waiver of any applicable requirement of
this chapter or any regulation adopted pursuant to this chapter,
shall reimburse the state board for actual costs incurred by the
state board in processing the request.
(b) The state board shall submit an invoice to the water system prior to October 1 of the fiscal year following the fiscal year in which the state board's decision was rendered with respect to the request for a plan review, exemption, variance, or waiver. The invoice shall indicate the number of hours expended by the state board and the state board's hourly cost rate. Payment of the fee shall be made within 120 days of the date of the invoice. The state board may revoke any approval of a request for an exemption, variance, or waiver for failure to pay the required fees.
(c) Notwithstanding subdivisions (a) and (b), requests for, and reimbursement of actual costs for, an exemption, variance, or waiver for public water systems under the jurisdiction of the local primacy agency shall, instead, be submitted to the local primacy agency pursuant to subdivision (c) of Section 116595.
(d) This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
(b) The state board shall submit an invoice to the water system prior to October 1 of the fiscal year following the fiscal year in which the state board's decision was rendered with respect to the request for a plan review, exemption, variance, or waiver. The invoice shall indicate the number of hours expended by the state board and the state board's hourly cost rate. Payment of the fee shall be made within 120 days of the date of the invoice. The state board may revoke any approval of a request for an exemption, variance, or waiver for failure to pay the required fees.
(c) Notwithstanding subdivisions (a) and (b), requests for, and reimbursement of actual costs for, an exemption, variance, or waiver for public water systems under the jurisdiction of the local primacy agency shall, instead, be submitted to the local primacy agency pursuant to subdivision (c) of Section 116595.
(d) This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
In a civil court action brought to enforce this chapter,
the prevailing party or parties shall be awarded litigation costs,
including, but not limited to, salaries, benefits, travel expenses,
operating equipment, administrative, overhead, other litigation
costs, and attorney's fees, as determined by the court. Litigation
costs awarded to the state board by the court shall be deposited into
the Safe Drinking Water Account. Litigation costs awarded to a local
primacy agency by the court shall be used by that local primacy
agency to offset the local primacy agency's litigation costs.
(a) Funds received by the state board pursuant to this
chapter shall be deposited into the Safe Drinking Water Account,
which is hereby established, and shall be available for use by the
state board, upon appropriation by the Legislature, for the purpose
of providing funds necessary to administer this chapter. Funds in the
Safe Drinking Water Account shall not be expended for any purpose
other than as set forth in this chapter.
(b) The state board's hourly cost rate used to determine the reimbursement for actual costs pursuant to Sections 116565, 116577, and 116580 shall be based upon the state board's salaries, benefits, travel expense, operating, equipment, administrative support, and overhead costs.
(c) A public water system may collect a fee from its customers to recover the fees paid by the public water system pursuant to this chapter.
(d) The fees collected pursuant to subdivision (b) of Section 116565 and subdivision (b) of Section 116570 shall be adjusted annually pursuant to Section 100425, and the adjusted fee amounts shall be rounded off to the nearest whole dollar.
(e) Fees assessed pursuant to this chapter shall not exceed actual costs to either the state board or the local primacy agency, as the case may be, related to the public water systems assessed the fees.
(f) The total amount of funds received pursuant to subdivision (a) of Section 116565, and subdivision (a) of Section 116577 from public water systems serving 1,000 or more service connections, for fiscal year 2015-16 shall not exceed fifteen million nine hundred thirty-eight thousand dollars ($15,938,000).
(g) The state board shall develop a time accounting standard designed to do all of the following:
(1) Provide accurate time accounting.
(2) Provide accurate invoicing based upon hourly rates comparable to private sector professional classifications and comparable rates charged by other states for comparable services. These rates shall be applied against the time spent by the actual individuals who perform the work.
(3) Establish work standards that address work tasks, timing, completeness, limits on redirection of effort, and limits on the time spent in the aggregate for each activity.
(4) Establish overhead charge-back limitations, including, but not limited to, charge-back limitations on charges relating to reimbursement of services provided to the state board by other departments and agencies of the state, that reasonably relate to the performance of the function.
(5) Provide appropriate invoice controls.
(h) This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
(b) The state board's hourly cost rate used to determine the reimbursement for actual costs pursuant to Sections 116565, 116577, and 116580 shall be based upon the state board's salaries, benefits, travel expense, operating, equipment, administrative support, and overhead costs.
(c) A public water system may collect a fee from its customers to recover the fees paid by the public water system pursuant to this chapter.
(d) The fees collected pursuant to subdivision (b) of Section 116565 and subdivision (b) of Section 116570 shall be adjusted annually pursuant to Section 100425, and the adjusted fee amounts shall be rounded off to the nearest whole dollar.
(e) Fees assessed pursuant to this chapter shall not exceed actual costs to either the state board or the local primacy agency, as the case may be, related to the public water systems assessed the fees.
(f) The total amount of funds received pursuant to subdivision (a) of Section 116565, and subdivision (a) of Section 116577 from public water systems serving 1,000 or more service connections, for fiscal year 2015-16 shall not exceed fifteen million nine hundred thirty-eight thousand dollars ($15,938,000).
(g) The state board shall develop a time accounting standard designed to do all of the following:
(1) Provide accurate time accounting.
(2) Provide accurate invoicing based upon hourly rates comparable to private sector professional classifications and comparable rates charged by other states for comparable services. These rates shall be applied against the time spent by the actual individuals who perform the work.
(3) Establish work standards that address work tasks, timing, completeness, limits on redirection of effort, and limits on the time spent in the aggregate for each activity.
(4) Establish overhead charge-back limitations, including, but not limited to, charge-back limitations on charges relating to reimbursement of services provided to the state board by other departments and agencies of the state, that reasonably relate to the performance of the function.
(5) Provide appropriate invoice controls.
(h) This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
(a) Funds received by the state board pursuant to this
chapter shall be deposited into the Safe Drinking Water Account that
Account, which is hereby established, and shall be available for use
by the state board, upon appropriation by the Legislature, for the
purpose of providing funds necessary to administer this chapter.
Funds in the Safe Drinking Water Account may shall not be expended
for any purpose other than as set forth in this chapter.
(b) A public water system may be permitted to may collect a fee from its customers to recover the fees paid by the public water system pursuant to this chapter.
(c) The total amount of funds received for state operations program costs to administer this chapter for fiscal year 2016-17 shall not exceed thirty million four hundred fifty thousand dollars ($30,450,000) and the total amount of funds received for administering this chapter for each fiscal year thereafter shall not increase by more than 5 percent of the amount received in the previous fiscal year plus any changes to salary, benefit, and retirement adjustments contained in each annual Budget Act.
(d) This section shall become operative on July 1, 2016.
(b) A public water system may be permitted to may collect a fee from its customers to recover the fees paid by the public water system pursuant to this chapter.
(c) The total amount of funds received for state operations program costs to administer this chapter for fiscal year 2016-17 shall not exceed thirty million four hundred fifty thousand dollars ($30,450,000) and the total amount of funds received for administering this chapter for each fiscal year thereafter shall not increase by more than 5 percent of the amount received in the previous fiscal year plus any changes to salary, benefit, and retirement adjustments contained in each annual Budget Act.
(d) This section shall become operative on July 1, 2016.
(a) A public water system under the jurisdiction of a local
primacy agency shall reimburse the local primacy agency for any
enforcement cost incurred by the local primacy agency related to any
of the following relating to that water system:
(1) Preparing, issuing, and monitoring compliance with, an order or a citation.
(2) Preparing and issuing public notification.
(3) Conducting a hearing pursuant to Section 116625.
(b) The local primacy agency shall submit an invoice to the public water system that requires payment, before September 1 of the fiscal year following the fiscal year in which the costs were incurred. The invoice shall indicate the total hours expended, the reasons for the expenditure, and the hourly cost rate of the local primacy agency. The invoice shall not exceed the total costs to the local primacy agency of enforcement activities specified in this subdivision. Notwithstanding the reimbursement to the state board of enforcement costs, if any, pursuant to Section 116577, any public water system under the jurisdiction of the local primacy agency shall also reimburse the local primacy agency for enforcement costs incurred by the local primacy agency pursuant to this section. The local primacy agency shall not be entitled to enforcement costs pursuant to this subdivision if a court determines that enforcement activities were in error. "Enforcement costs" as used in this subdivision does not include "litigation costs" as used in Section 116585.
(c) Payment of the invoice shall be made within 90 days of the date of the invoice. Failure to pay the invoice within 90 days shall result in a 10-percent late penalty that shall be paid in addition to the invoiced amount.
(d) The local primacy agency may, in its sole discretion, waive payment by a public water system of all or any part of the invoice or the penalty.
(1) Preparing, issuing, and monitoring compliance with, an order or a citation.
(2) Preparing and issuing public notification.
(3) Conducting a hearing pursuant to Section 116625.
(b) The local primacy agency shall submit an invoice to the public water system that requires payment, before September 1 of the fiscal year following the fiscal year in which the costs were incurred. The invoice shall indicate the total hours expended, the reasons for the expenditure, and the hourly cost rate of the local primacy agency. The invoice shall not exceed the total costs to the local primacy agency of enforcement activities specified in this subdivision. Notwithstanding the reimbursement to the state board of enforcement costs, if any, pursuant to Section 116577, any public water system under the jurisdiction of the local primacy agency shall also reimburse the local primacy agency for enforcement costs incurred by the local primacy agency pursuant to this section. The local primacy agency shall not be entitled to enforcement costs pursuant to this subdivision if a court determines that enforcement activities were in error. "Enforcement costs" as used in this subdivision does not include "litigation costs" as used in Section 116585.
(c) Payment of the invoice shall be made within 90 days of the date of the invoice. Failure to pay the invoice within 90 days shall result in a 10-percent late penalty that shall be paid in addition to the invoiced amount.
(d) The local primacy agency may, in its sole discretion, waive payment by a public water system of all or any part of the invoice or the penalty.
