Cal. HSC § 115885 — California Code / Code hsc / Division 104 / Part 10 / Chapter 5 / Article 2 / Section 115885
Section 115885
Status: in_force

(a) (1) A health officer having jurisdiction over an area in which a public beach is created shall do all of the following:

(A) Inspect the public beach to determine whether the public beach is in compliance with the standards established pursuant to Section 115880. If the health officer finds a violation of the standards, the health officer may restrict the use of, or close, the public beach or portion of the public beach in which the violation occurs until the public beach is in compliance with the standards.

(B) Investigate a complaint of a violation of a standard established by the department pursuant to Section 115880. If the health officer finds a violation of the standards prescribed by the department, the health officer may restrict the use of, or close, the public beach or portion of the public beach until the public beach is in compliance with the standard. If the person who made the complaint is not satisfied with the action taken by the health officer, the person may report the violation to the department. The department shall investigate the reported violation, and, if it finds that the violation exists, it may restrict the use of or close the public beach or portion of the public beach until the public beach is in compliance with the violated standard.

(C) If a beach is posted, closed, or otherwise restricted in accordance with Section 115915, inform the agency responsible for the operation and maintenance of the public beach within 24 hours of the posting, closure, or restriction.

(D) Establish a telephone hotline to inform the public of all beaches currently closed, posted, or otherwise restricted. The hotline shall be updated as needed in order to convey changes in public health risks.

(E) Report a violation of the standards established pursuant to Section 115880 to the district attorney, or if the violation occurred in a city and, pursuant to Section 41803.5 of the Government Code, the city attorney is authorized to prosecute misdemeanors, to the city attorney.

(F) In the event of a known untreated sewage release, immediately test the waters adjacent to the public beach and to take action pursuant to regulations established under Sections 115880 and 115881.

(G) Notwithstanding any other law, in the event of an untreated sewage release that is known to have reached recreational waters adjacent to a public beach, immediately close those waters until it has been determined by the local health officer that the waters are in compliance with the standards established pursuant to Section 115880.

(2) (A) The health officer may meet the requirements of subparagraphs (F) and (G) of paragraph (1) by using test results from other parties that have conducted microbiological contamination testing of the waters under the health officer’s jurisdiction. The sharing of data between these parties pursuant to this paragraph shall be voluntary. The development of data-sharing protocols shall be at the discretion of these parties.

(B) Test results used by the local health officer shall be made available to the public.

(C) A local health officer may only rely on data from test results from other parties if that data meets the same quality requirements that apply to local agencies pursuant to regulations and standards established pursuant to Sections 115880 and 115881.

(b) If the department is aware of an untreated sewage release that has reached recreational waters adjacent to a public beach, and that the local health officer has not taken action to close the beach, it may take action to close those waters until the waters are in compliance.

(c) Any duty imposed upon a local public officer or agency pursuant to this section shall be mandatory only during a fiscal year in which the Legislature has appropriated sufficient funds, as determined by the State Public Health Officer, in the annual Budget Act or otherwise for local agencies to cover the costs to those agencies associated with the performance of these duties. The State Public Health Officer shall annually, within 15 days after enactment of the Budget Act, file a written statement with the Secretary of the Senate and with the Chief Clerk of the Assembly memorializing whether sufficient funds have been appropriated.