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2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 7.5 - Water Recycling Act of 1991 › Section 13576.

13576. The Legislature hereby makes the following findings and declarations:
(a) The State of California is subject to periodic drought conditions.
(b) The development of traditional water resources in California has not kept pace with the state’s population, which is growing at the rate of over 700,000 per year and which is anticipated to reach 36,000,000 by the year 2010.
(c) There is a need for a reliable source of water for uses not related to the supply of potable water to protect investments in agriculture, greenbelts, and recreation and to replenish groundwater basins, and protect and enhance fisheries, wildlife habitat, and riparian areas.
(d) The environmental benefits of recycled water include a reduced demand for water in the Sacramento-San Joaquin Delta that is otherwise needed to maintain water quality, reduced discharge of waste into the ocean, and the enhancement of groundwater basins, recreation, fisheries, and wetlands.
(e) The use of recycled water has proven to be safe from a public health standpoint, and the State Department of Public Health is updating regulations for the use of recycled water.
(f) The use of recycled water is a cost-effective, reliable method of helping to meet California’s water supply needs.
(g) The development of the infrastructure to distribute recycled water will provide jobs and enhance the economy of the state.
(h) Retail water suppliers and recycled water producers and wholesalers should promote the substitution of recycled water for potable water and imported water in order to maximize the appropriate cost-effective use of recycled water in California.
(i) Recycled water producers, retail water suppliers, and entities responsible for groundwater replenishment should cooperate in joint technical, economic, and environmental studies, as appropriate, to determine the feasibility of providing recycled water service.
(j) Retail water suppliers and recycled water producers and wholesalers should be encouraged to enter into contracts to facilitate the service of recycled and potable water by the retail water suppliers in their service areas in the most efficient and cost-effective manner.
(k) Recycled water producers and wholesalers and entities responsible for groundwater replenishment should be encouraged to enter into contracts to facilitate the use of recycled water for groundwater replenishment if recycled water is available and the authorities having jurisdiction approve its use.
(l) Wholesale prices set by recycled water producers and recycled water wholesalers, and rates that retail water suppliers are authorized to charge for recycled water, should reflect an equitable sharing of the costs and benefits associated with the development and use of recycled water.
(Amended by Stats. 2010, Ch. 288, Sec. 47. (SB 1169) Effective January 1, 2011.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 7.5 - Water Recycling Act of 1991 › Section 13577.

13577. This chapter establishes a statewide goal to recycle a total of 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.
(Added by Stats. 1991, Ch. 187, Sec. 3.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 7.5 - Water Recycling Act of 1991 › Section 13579.

13579. (a) In order to achieve the goals established in Section 13577, retail water suppliers shall identify potential uses for recycled water within their service areas, potential customers for recycled water service within their service areas, and, within a reasonable time, potential sources of recycled water.
(b) Recycled water producers and recycled water wholesalers may also identify potential uses for recycled water, and may assist retail water suppliers in identifying potential customers for recycled water service within the service areas of those retail water suppliers.
(c) Recycled water producers, retail water suppliers, and entities responsible for groundwater replenishment may cooperate in joint technical, economic, and environmental studies, as appropriate, to determine the feasibility of providing recycled water service and recycled water for groundwater replenishment consistent with the criteria set forth in paragraphs (1) to (3), inclusive, of subdivision (a) of Section 13550 and in accordance with Section 60320 of Title 22 of the California Code of Regulations.
(Amended by Stats. 1998, Ch. 164, Sec. 3. Effective January 1, 1999.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 7.5 - Water Recycling Act of 1991 › Section 13580.

13580. (a) A retail water supplier that has identified a potential use or customer pursuant to Section 13579 may apply to a recycled water producer or recycled water wholesaler for a recycled water supply.
(b) A recycled water producer or recycled water wholesaler that has identified a potential use or customer pursuant to Section 13579, that is within the service territory or jurisdiction of a retail water supplier, may, in writing, request a retail water supplier to enter into an agreement to provide recycled water to the potential customer.
(c) A customer may request, in writing, a retailer to enter into an agreement to provide recycled water to the customer.
(d) (1) An entity responsible for groundwater replenishment that is a customer of a retail water supplier and that has identified the potential use of recycled water for groundwater replenishment purposes may, in writing, request that retail water supplier to enter into an agreement to provide recycled water for that purpose consistent with Sections 13580.5, 13580.7, and 13580.8, as applicable. That entity may not obtain recycled water for that purpose from a recycled water producer, a recycled water wholesaler, or another retail water supplier without the agreement of the entity’s retail water supplier.
(2) An entity responsible for groundwater replenishment that is not a customer of a retail water supplier and that has identified the potential use of recycled water for groundwater replenishment purposes may, in writing, request a retail water supplier, a recycled water producer, or a recycled water wholesaler to enter into an agreement to provide recycled water for that purpose.
(Amended by Stats. 2014, Ch. 817, Sec. 2. (AB 2443) Effective January 1, 2015.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 7.5 - Water Recycling Act of 1991 › Section 13580.5.

13580.5. (a) (1) Subject to subdivision (e) of Section 13580.7, a retail water supplier that receives a request from a customer pursuant to subdivision (c) of Section 13580 shall enter into an agreement to provide recycled water, if recycled water is available, or can be made available, to the retail water supplier for sale to the customer.
(2) Notwithstanding paragraph (1), in accordance with a written agreement between a recycled water producer or a recycled water wholesaler and a retail water supplier, the retail water supplier may delegate to a recycled water producer or a recycled water wholesaler its responsibility under this section to provide recycled water.
(b) A customer may not obtain recycled water from a recycled water producer, a recycled water wholesaler, or a retail water supplier that is not the retailer without the agreement of the retailer.
(c) If either a recycled water producer or a recycled water wholesaler provides a customer of a retail water supplier with a written statement that it can and will provide recycled water to the retailer, the retail water supplier shall, not later than 120 days from the date on which the retail water supplier receives the written statement from the customer, by certified mail, return receipt requested, submit a written offer to the customer that includes the items listed in subdivision (f) of Section 13580.7. A determination of availability pursuant to Section 13550 is not required.
(d) If the state board pursuant to Section 13550 makes a determination that there is available recycled water to serve a customer of a retail water supplier, the retail water supplier, not later than 120 days from the date on which the retail water supplier receives a copy of that determination from the customer, by certified mail, return receipt requested, shall submit a written offer to the customer.
(Amended by Stats. 2014, Ch. 817, Sec. 3. (AB 2443) Effective January 1, 2015.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 7.5 - Water Recycling Act of 1991 › Section 13580.8.

13580.8. (a) This section applies only to a retail water supplier that is regulated by the Public Utilities Commission.
(b) Rates for recycled water that is provided to the customer by a retail water supplier regulated by the Public Utilities Commission shall be established by the commission pursuant to Section 455.1 of the Public Utilities Code. A regulated water utility may request the commission to establish the rate or rates for the delivery of recycled or nonpotable water, with the objective of providing, where practicable, a reasonable economic incentive for the customer to purchase recycled or nonpotable water in place of potable water.
(c) A regulated water utility may propose a rate or rates for recycled or nonpotable water by tariff or by contract between the retail water supplier and the customer. Where the rate or rates are set by contract, the water utility and its customer shall meet, confer, and negotiate in good faith to establish a contract rate.
(d) The commission shall, as appropriate, provide a discount from the general metered rate of the water utility for potable water by either of the following means:
(1) Passing through to the customer the net reduction in cost to the water utility in purchasing and delivering recycled or nonpotable water as compared to the cost of purchasing and delivering potable water.
(2) Granting to the customer a uniform discount from the water utility’s general metered potable water rate when the discount in paragraph (1) is determined to be an insufficient incentive for the customer to convert to the use of recycled or nonpotable water. If the commission provides for a discount pursuant to this paragraph that is greater than the water utility’s reduction in cost, the commission shall authorize the water utility to include the aggregate amount of that discount in its revenue requirements to be applied to, and recovered in, rates that are applicable to all general metered customers.
(Added by Stats. 1998, Ch. 753, Sec. 5. Effective January 1, 1999.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 7.5 - Water Recycling Act of 1991 › Section 13580.9.

13580.9. (a) Notwithstanding any other law, and except as otherwise previously provided for in a contract agreed to by the customer and the City of West Covina, if the purchaser, contractor, or lessee of, or successor to, all or a portion of the water utility owned by the City of West Covina is a retail water supplier that is regulated by the Public Utilities Commission, rates for recycled or nonpotable water service to a closed hazardous waste and solid waste facility located within the boundaries of the City of West Covina for the purposes of irrigation, recreation, or dust suppression or any other use at that facility shall be established in accordance with subdivisions (a) to (e), inclusive, of Section 13580.7, and if there is a failure to agree on the terms and conditions of a recycled or nonpotable water supply agreement for the delivery of water for those purposes by that purchaser, contractor, lessee, or successor, Section 13581 shall apply.
(b) For the purpose of this section, nonpotable water that is not the result of the treatment of waste shall be treated as the equivalent of recycled water if it is suitable for a direct beneficial use or a controlled use that would not otherwise occur and is therefor considered a valuable resource, if the use of that water will not adversely affect downstream water rights, degrade water quality, or be injurious to plant life, fish, or wildlife, as provided by statute or by regulations of the State Department of Public Health and the state board or a regional board, as appropriate.
(Amended by Stats. 2010, Ch. 288, Sec. 49. (SB 1169) Effective January 1, 2011.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 7.5 - Water Recycling Act of 1991 › Section 13581.

13581. (a) If there is a failure to agree on terms and conditions of a recycled water supply agreement involving a retail water supplier that is a public agency within 180 days from the date of the receipt of a request for recycled water pursuant to subdivision (c) of Section 13580, a written statement pursuant to subdivision (c) of Section 13580.5, or a determination of availability pursuant to subdivision (d) of Section 13580.5, any party may request a formal mediation process. The parties shall commence mediation within 60 days after the mediation request is made. If the parties cannot agree on a mediator, the director shall appoint a mediator. The mediator may recommend to the parties appropriate terms and conditions applicable to the service of recycled water. The cost for the services of the mediator shall be divided equally among the parties to the mediation and shall not exceed twenty thousand dollars ($20,000).
(b) If the parties in mediation reach agreement, both parties together shall draft the contract for the recycled water service. The parties shall sign the contract within 30 days.
(c) If the parties in mediation fail to reach agreement, the affected retail water supplier shall, within 30 days, by resolution or ordinance, adopt a rate for recycled water service. The agency action shall be subject to validating proceedings pursuant to Chapter 9 (commencing with Section 860) of Part 2 of Title 10 of the Code of Civil Procedure, except that there shall not be a presumption in favor of the retail water supplier under the action taken to set the rate for recycled water service. The mediator shall file a report with the superior court setting forth the recommendations provided to the parties regarding appropriate terms and conditions applicable to the service of recycled water. Each party shall bear its own costs and attorney’s fees.
(Amended by Stats. 1998, Ch. 753, Sec. 7. Effective January 1, 1999.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 7.5 - Water Recycling Act of 1991 › Section 13581.2.

13581.2. If the retail water supplier is regulated by the Public Utilities Commission, and there is a failure to agree on terms and conditions of a recycle water supply agreement with a customer within 180 days from the date of the receipt of a request for recycled water pursuant to subdivision (c) of Section 13580, a written statement pursuant to subdivision (c) of Section 13580.5, or a determination of availability pursuant to subdivision (d) of Section 13580.5, the matter shall be submitted to the Public Utilities Commission for resolution, and the commission shall determine a contract rate or rates for recycled water as provided in Section 13580.8.
(Added by Stats. 1998, Ch. 753, Sec. 8. Effective January 1, 1999.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 7.5 - Water Recycling Act of 1991 › Section 13582.

13582. This chapter is not intended to alter either of the following:
(a) Any rights, remedies, or obligations which may exist pursuant to Article 1.5 (commencing with Section 1210) of Chapter 1 of Part 2 of Division 2 of this code or Chapter 8.5 (commencing with Section 1501) of Part 1 of Division 1 of the Public Utilities Code.
(b) Any rates established or contracts entered into prior to January 1, 1999.
(Amended by Stats. 1998, Ch. 753, Sec. 9. Effective January 1, 1999.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 7.5 - Water Recycling Act of 1991 › Section 13583.

13583. (a) If a retail water supplier that is a public agency does not comply with this chapter, the customer may petition a court for a writ of mandate pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure.
(b) If a retail water supplier is regulated by the Public Utilities Commission and does not comply with this chapter, the Public Utilities Commission may order the retailer to comply with this chapter after receiving a petition from the customer specifying the provisions of this chapter with which the retailer has failed to comply.
(Added by Stats. 1998, Ch. 753, Sec. 10. Effective January 1, 1999.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 8 - Federal Assistance for Treatment Facilities › Section 13600.

13600. The state board shall administer any program of financial assistance for water quality control which may be delegated to it by law, and may accept funds from the United States or any person to that end.
(Repealed and added by Stats. 1969, Ch. 482.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 8 - Federal Assistance for Treatment Facilities › Section 13601.

13601. The state board, in cooperation with the regional boards, shall survey the statewide need for waste collection, treatment and disposal facilities which will be required during the five-year period, January 1, 1968, to December 31, 1972, inclusive, to adequately protect the waters of the state for beneficial use. The state board shall also, biennially, commencing in 1970, survey the need for facilities which will be required by public agencies for the ensuing five-year period. The state board may request a local public agency operating such facilities to transmit to its regional board a report on the following:
(a) A summary of the construction or improvement of its waste collection, treatment and disposal facilities and amounts expended therefor.
(b) An estimate of its needs for the five-year period, January 1, 1968, to December 31, 1972, inclusive, and for any ensuing five-year period.
The state board shall review the information contained in the reports made by the local public agencies. The state board shall submit to the Legislature findings and conclusions as to the anticipated local, state, and federal financing necessary to provide the needed facilities for such periods.
(Repealed and added by Stats. 1969, Ch. 482.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 8 - Federal Assistance for Treatment Facilities › Section 13602.

13602. The state board shall make no commitment or enter into any agreement pursuant to an exercise of authority under this chapter until it has determined that any money required to be furnished as the state’s share of project cost is available for such purpose.
(Repealed and added by Stats. 1969, Ch. 482.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 8 - Federal Assistance for Treatment Facilities › Section 13604.

13604. The state board shall review and approve each waste collection, treatment, and disposal project for which an application for a grant under the Federal Water Pollution Control Act has been made. The state board shall, in reviewing each project, determine whether such project is in conformity with state policy for water quality control and in conformity with water quality control plans adopted by regional boards, and shall certify that such project is entitled to priority over other eligible projects on the basis of financial as well as water pollution control needs.
(Amended by Stats. 1970, Ch. 254.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 8 - Federal Assistance for Treatment Facilities › Section 13605.

13605. For the purpose of reviewing applications for grants made pursuant to authority granted in Section 13600, the state board shall give added consideration to applicants having facilities providing optimum water recycling and use of recycled water.
(Amended by Stats. 1995, Ch. 28, Sec. 50. Effective January 1, 1996.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 8 - Federal Assistance for Treatment Facilities › Section 13606.

13606. If an application states that the applicant is not able to finance the local agency share of the project, the state board shall consider whether the applicant should be required to levy a sewerage service charge. If the state board determines a sewerage service charge is necessary to pay such costs, the state board shall not approve the grant application unless, as a condition to such approval, the applicant agrees to levy a reasonable and equitable sewerage service charge in connection with the proposed project.
Any such applicant, not otherwise authorized, is authorized by this section to levy a sewerage service charge pursuant to such an agreement, and shall levy such charge in the manner provided in the agreement.
(Added by Stats. 1969, Ch. 482.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 8 - Federal Assistance for Treatment Facilities › Section 13608.

13608. After the effective date of the amendment of this section by the 1972 Regular Session of the Legislature, no application for a grant under this division or under the Federal Water Pollution Control Act, or amendment thereof, or for a loan pursuant to Chapter 6 (commencing with Section 13400) of this division, shall be accepted by the state board unless such application contains assurances that supervisors and operators of the plant meet or will meet certification requirements, adopted pursuant to Chapter 9 (commencing with Section 13625) of this division, for the proposed plant, as well as the plant in current operation.
(Amended by Stats. 1972, Ch. 1315.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 8 - Federal Assistance for Treatment Facilities › Section 13609.

13609. The money in the State Clean Water Grants Administration Revolving Fund is transferred to the State Clean Water Fund to pay, upon appropriation, for administrative costs relating to adjustments of grant processing fees paid pursuant to this chapter.
(Repealed and added by Stats. 1992, Ch. 426, Sec. 2. Effective January 1, 1993.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 8.5 - Perchlorate › Section 13610.

13610. Unless the context otherwise requires, the definitions set forth in this section govern the construction of this chapter:
(a) (1) Subject to paragraph (2), “perchlorate” means all perchlorate-containing compounds, including ammonium, potassium, magnesium, and sodium perchlorate.
(2) Perchlorate does not include perchlorate located in unused military munitions, as defined in Section 260.10 of Title 40 of the Code of Federal Regulations, that were stored on or after January 1, 2004.
(b) Subject to Section 13610.5, “perchlorate storage facility” means a facility, not including a military munitions storage facility within a military installation that meets the Department of Defense Explosive Safety Board requirements set forth in DOD 6055.9-STD (Department of Defense Ammunition and Explosives Safety Standards), that stores over 500 pounds of perchlorate in any calendar year.
(c) For the purposes of this section, “military munitions storage facility” does not include the entire military installation within which the military munitions storage facility is located.
(Amended by Stats. 2004, Ch. 508, Sec. 1. Effective January 1, 2005.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 8.5 - Perchlorate › Section 13610.5.

13610.5. This chapter does not apply to the following:
(a) A facility that stores perchlorate for retail purposes or for law enforcement purposes.
(b) Drinking water storage reservoirs.
(Added by Stats. 2003, Ch. 614, Sec. 3. Effective January 1, 2004.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 8.5 - Perchlorate › Section 13611.

13611. (a) The notification required by Section 13611.5 does not apply to a discharge that is in compliance with this division, or to a water agency conveying water in compliance with all state and federal drinking water standards.
(b) Any person who fails to provide the notifications required by Section 13271 relating to perchlorate or by Section 13611.5 may be civilly liable in accordance with subdivision (c).
(c) (1) Civil liability may be administratively imposed by a regional board in accordance with Article 2.5 (commencing with Section 13323) of Chapter 5 for a violation described in subdivision (b) in an amount that does not exceed one thousand dollars ($1,000) for each day in which the violation occurs.
(2) Civil liability may be imposed by the superior court in accordance with Article 5 (commencing with Section 13350) and Article 6 (commencing with Section 13360) of Chapter 5 for a violation described in subdivision (b) in an amount that is not less than five hundred dollars ($500), nor more than five thousand dollars ($5,000), for each day in which the violation occurs.
(d) Notwithstanding Section 13441, all moneys collected by the state pursuant to this section shall be available to the state board upon appropriation by the Legislature.
(Amended by Stats. 2006, Ch. 538, Sec. 679. Effective January 1, 2007.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 8.5 - Perchlorate › Section 13612.

13612. (a) The state board shall publish and make available to the public on or before January 1, 2006, a list of past and present perchlorate storage facilities within the state. The state board may charge an annual fee to each owner of a storage facility that provides information to the board for that purpose, which fee shall not exceed one hundred dollars ($100) for each year information is provided. The fees shall be deposited in the State Water Quality Control Fund, and notwithstanding any other provision of law, shall be available to the state board upon appropriation by the Legislature.
(b) The state board shall compile and maintain centrally all information obtained pursuant to Section 13611.5. The information shall be available for public review.
(Added by Stats. 2003, Ch. 614, Sec. 3. Effective January 1, 2004.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 8.5 - Perchlorate › Section 13613.

13613. Upon notification from the Secretary for Environmental Protection that he or she has established a database that is able to receive perchlorate inventory information pursuant to paragraph (2) of subdivision (e) of Section 25404 of the Health and Safety Code, the state board shall submit to the Secretary for Environmental Protection all perchlorate storage information obtained pursuant to Section 13611.5.
(Added by Stats. 2003, Ch. 614, Sec. 3. Effective January 1, 2004.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 9 - Waste Water Treatment Plant Classification and Operator Certification › Section 13625.

13625. As used in this chapter unless the context otherwise requires, the following definitions apply:
(a) “Chief plant operator” means the person designated by the owner of the wastewater treatment plant as the person responsible for the overall operation of the wastewater treatment plant, including compliance with effluent limitations established in the wastewater treatment plant’s waste discharge requirements.
(b) “Operates” means actions or decisions to control performance or outcome of one or more wastewater treatment processes and includes the supervision of any other person who acts or makes decisions to control the performance or outcome of one or more wastewater treatment processes.
(c) “Wastewater certificate” means a certificate of competency issued by the state board stating that a person has met the requirements to be certified for a specific classification and grade level in the certification program. At a minimum, wastewater certificate classifications shall include operators and operators-in-training.
(d) (1) “Wastewater treatment plant” means any of the following:
(A) Any facility owned by a state, local, or federal agency and used in the treatment or reclamation of sewage or industrial wastes.
(B) Any privately owned facility used in the treatment or reclamation of sewage or industrial wastes, and regulated by the Public Utilities Commission pursuant to Sections 216 and 230.6 of, and Chapter 4 (commencing with Section 701) of Part 1 of Division 1 of, the Public Utilities Code.
(C) Any privately owned facility used primarily in the treatment or reclamation of sewage for which the state board or a regional board has issued waste discharge requirements.
(2) “Wastewater treatment plant” does not include onsite sewage treatment systems as regulated by the state board or a regional water quality control board pursuant to Chapter 4.5 (commencing with Section 13290).
(e) “Wastewater treatment process” means a process that improves the quality of wastewater before it is discharged from a wastewater treatment plant and includes all of the following:
(1) Use of preliminary, primary, pond, secondary, or tertiary treatment for liquid-solids separation of wastewater.
(2) Use of disinfection to inactivate or destroy pathogens in wastewater.
(3) Use of solids treatment for solids stabilization and volume reduction before removal from the wastewater treatment plant site.
(f) “Water treatment operator certificate” has the same meaning as defined in Section 106876 of the Health and Safety Code.
(g) “Water recycling treatment plant” means a wastewater treatment plant that further treats secondary or tertiary effluent, or both, for the purpose of meeting the uniform statewide recycling criteria established pursuant to Section 13521 for the use of recycled water.
(Amended by Stats. 2016, Ch. 305, Sec. 19. (AB 2890) Effective January 1, 2017.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 9 - Waste Water Treatment Plant Classification and Operator Certification › Section 13625.1.

13625.1. (a) The state board may exempt from the requirements of this chapter any facility that is classified as a Class 1 plant by the state board under Section 3675 of Title 23 of the California Code of Regulations, and the facility could not, due to operator error, violate water quality objectives.
(b) An exemption granted pursuant to this section is valid for four years, and may be renewed by the state board upon request.
(c) The state board may condition an exemption under this section, and the exemption may be terminated at any time by the board.
(d) The state board may charge a reasonable administrative fee for processing a facility’s original or renewal application for exemption.
(Added by Stats. 2002, Ch. 422, Sec. 2. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 9 - Waste Water Treatment Plant Classification and Operator Certification › Section 13626.

13626. The state board shall classify types of wastewater treatment plants for the purpose of determining the levels of competence necessary to operate them. The state board shall adopt regulations setting forth the types of plants and the factors on which the state board based its classification.
(Amended by Stats. 2016, Ch. 305, Sec. 20. (AB 2890) Effective January 1, 2017.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 9 - Waste Water Treatment Plant Classification and Operator Certification › Section 13627.

13627. (a) Except as provided in Section 13625.1 and subdivision (b), a person who operates a wastewater treatment plant shall possess a valid, unexpired wastewater certificate of the appropriate grade.
(b) A person who operates a water recycling treatment plant may comply with subdivision (a) by possessing a valid, unexpired water treatment operator certificate of the appropriate grade.
(c) (1) All wastewater certificates shall be issued in accordance with regulations adopted by the state board. The state board shall develop and specify in its regulations the training necessary to qualify a person for a wastewater certificate for each type and class of plant. The state board may accept experience in lieu of qualification training.
(2) The state board shall evaluate opportunities for the following:
(A) Issuing a wastewater certificate by examination waiver to persons who performed duties comparable to the duties of an operator at a wastewater treatment plant while serving in the United States military.
(B) Award experience and education credits to persons who performed duties comparable to the duties of an operator at a wastewater treatment plant while serving in the United States military.
(3) The state board shall seek consultation with the United States Department of Defense in carrying out paragraph (2).
(4) If the state board identifies opportunities pursuant to paragraph (2), the state board shall, where appropriate, issue a wastewater certificate by examination waiver or award experience or education credits to persons who performed duties comparable to the duties of an operator at a wastewater treatment plant while serving in the United States military.
(d) The state board may refuse to grant, suspend, or revoke any wastewater certificate, or may place on probation or reprimand the certificate holder, upon any reasonable ground, including, but not limited to, all of the following reasons:
(1) Submitting false or misleading information on an application for a wastewater certificate or an examination for a wastewater certificate.
(2) The employment of fraud or deception in the course of operating the wastewater treatment plant.
(3) A wastewater certificate holder’s failure to use reasonable care or judgment in the operation of the plant.
(4) A wastewater certificate holder’s inability to perform operating duties properly.
(5) Willfully or negligently violating, or causing or allowing the violation of, waste discharge requirements or permits issued pursuant to the Clean Water Act (33 U.S.C. Sec. 1251 et seq.) or this division.
(6) Engaging in dishonest conduct during an examination for a wastewater certificate.
(e) The state board shall conduct all proceedings for the refusal to grant a wastewater certificate, and suspension or revocation of a certificate pursuant to subdivision (d), in accordance with the rules adopted pursuant to Section 185.
(Amended by Stats. 2019, Ch. 760, Sec. 3. (AB 1588) Effective January 1, 2020.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 9 - Waste Water Treatment Plant Classification and Operator Certification › Section 13627.1.

13627.1. (a) Any person who commits either of the following violations is guilty of a misdemeanor and may be liable civilly in an amount not to exceed one hundred dollars ($100) for each day of violation:
(1) Operates a wastewater treatment plant that is not a water recycling treatment plant but does not hold a valid, unexpired wastewater certificate of the appropriate grade issued pursuant to this chapter.
(2) Operates a water recycling treatment plant but does not hold either a valid, unexpired wastewater certificate of the appropriate grade issued pursuant to this chapter or a valid, unexpired water treatment operator certificate of the appropriate grade.
(b) Any person or entity who commits either of the following violations is guilty of a misdemeanor and may be liable civilly in an amount not to exceed one hundred dollars ($100) for each day of violation:
(1) Owns or operates a wastewater treatment plant that is not a water recycling treatment plant that employs, or allows the employment of, any person who operates the wastewater treatment plant but does not hold a valid, unexpired wastewater certificate of the appropriate grade issued pursuant to this chapter.
(2) Owns or operates a water recycling treatment plant that employs, or allows the employment of, any person who operates the water recycling treatment plant but does not hold a valid, unexpired wastewater certificate of the appropriate grade issued pursuant to this chapter or a valid, unexpired water treatment operator certificate of the appropriate grade.
(c) Any person who commits any of the acts listed in paragraph (2), (3), (5), or (6) of subdivision (d) of Section 13627 or paragraph (3) or (5) of subdivision (c) of Section 13627.3 may be liable civilly in an amount not to exceed five thousand dollars ($5,000) for each violation.
(Amended by Stats. 2016, Ch. 305, Sec. 22. (AB 2890) Effective January 1, 2017.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 9 - Waste Water Treatment Plant Classification and Operator Certification › Section 13627.2.

13627.2. Any person who submits to the state board false or misleading information on an application for a wastewater certificate, on an application for an examination for a wastewater certificate, or on an application for registration may be liable civilly in an amount not to exceed five thousand dollars ($5,000) for each violation.
(Amended by Stats. 2016, Ch. 305, Sec. 23. (AB 2890) Effective January 1, 2017.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 9 - Waste Water Treatment Plant Classification and Operator Certification › Section 13627.3.

13627.3. (a) Any person or entity that contracts with the owner of a wastewater treatment plant to operate that plant shall register with the state board, and shall, within a year after the registration or the renewal of the registration, and annually thereafter, prepare and submit to the state board a report with all of the following information:
(1) The name and address of the person or entity.
(2) The name and address of the wastewater treatment plants that the person or entity operates, or has operated during the preceding year, and the name of the applicable regional board that oversees each wastewater treatment plant.
(3) The name and grade of each wastewater treatment plant operator employed at each plant.
(4) Other information that the state board requires.
(b) The state board shall, by regulation, prescribe the procedures, and requirements for, registration pursuant to subdivision (a).
(c) The state board may refuse to grant, and may suspend or revoke, any registration issued by the state board pursuant to this section for good cause, including, but not limited to, any of the following reasons:
(1) The submission of false or misleading information on an application for registration.
(2) (A) Employment of a person to operate a wastewater treatment plant that is not a water recycling treatment plant who does not hold a valid, unexpired wastewater certificate of the appropriate grade.
(B) Employment of a person to operate a water recycling treatment plant who does not hold either a valid, unexpired wastewater certificate of the appropriate grade issued pursuant to this chapter or a valid, unexpired water treatment operator certificate of the appropriate grade.
(3) Willfully or negligently causing or allowing a violation of waste discharge requirements or permits issued pursuant to the Clean Water Act (33 U.S.C. Sec. 1251 et seq.) or this division.
(4) Failure to meet the registration requirements prescribed by the state board pursuant to subdivision (b).
(5) Failure to use reasonable care in the management or operation of the wastewater treatment plant.
(d) The state board shall conduct all proceedings relating to the refusal to grant, or the suspension or revocation of, registration pursuant to subdivision (c) in accordance with the rules adopted pursuant to Section 185.
(e) The state board shall establish a fee schedule to pay for its costs to implement this section.
(f) Any person or entity that fails to comply with subdivision (a) is guilty of a misdemeanor and may be civilly liable in an amount not to exceed one thousand dollars ($1,000) for each day of the violation.
(Amended by Stats. 2016, Ch. 305, Sec. 24. (AB 2890) Effective January 1, 2017.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 9 - Waste Water Treatment Plant Classification and Operator Certification › Section 13627.4.

13627.4. (a) The state board may administratively impose the civil liability described in Section 13627.1, 13627.2, or 13627.3 in accordance with Article 2.5 (commencing with Section 13323) of Chapter 5.
(b) A remedy under this chapter is in addition to, and does not supersede or limit, any other remedy, civil or criminal, except that liability is not recoverable against an operator under subdivision (c) of Section 13627.1 for a violation for which liability is recovered against the operator under Section 13350 or 13385.
(Amended by Stats. 2010, Ch. 288, Sec. 51. (SB 1169) Effective January 1, 2011.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 9 - Waste Water Treatment Plant Classification and Operator Certification › Section 13627.6.

13627.6. The state board, by regulation, shall prescribe the procedures and requirements for designation of a person as the chief plant operator and the duties that a chief plant operator is required to perform.
(Added by Stats. 2016, Ch. 305, Sec. 26. (AB 2890) Effective January 1, 2017.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 9 - Waste Water Treatment Plant Classification and Operator Certification › Section 13628.

13628. (a) Wastewater certificates issued or renewed pursuant to this chapter on or after January 1, 2017, shall be renewed triennially, subject to compliance by applicants with renewal requirements prescribed by regulations.
(b) Fees shall be payable to the state board at the time of issuance of a wastewater certificate and at the time of renewal. The state board shall establish a fee schedule to provide revenues that shall not exceed the amount necessary, but shall be sufficient, to recover all the costs of this program.
(c) The state board may establish reduced fees for the issuance or renewal of a wastewater certificate for applicants who hold a valid, unexpired water treatment operator certificate or a valid, unexpired water distribution operator certificate.
(d) The state board shall set the amount of total revenue collected each year through the fee schedules established pursuant to this chapter at an amount equal to the amount appropriated by the Legislature in the annual Budget Act from the Wastewater Operator Certification Fund for expenditure for the administration of this chapter, taking into account the reserves in the fund. The state board shall review the fees each fiscal year and revise the fees 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 overcollection or undercollection of the revenue.
(e) The state board may adopt regulations pursuant to this section, including any subsequent adjustments to the fees or subsequent amendments to the regulations, 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 emergency 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. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulations adopted by the state board, or any adjustment to the fees made by the state board pursuant to this section, shall remain in effect until revised by the state board.
(Amended by Stats. 2016, Ch. 305, Sec. 27. (AB 2890) Effective January 1, 2017.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 9 - Waste Water Treatment Plant Classification and Operator Certification › Section 13628.5.

13628.5. (a) The Wastewater Operator Certification Fund is hereby created in the State Treasury.
(b) All of the following moneys shall be deposited in the Wastewater Operator Certification Fund:
(1) Any moneys made available by the Legislature for the purposes of the fund.
(2) Fees collected pursuant to this chapter.
(3) Notwithstanding Section 16305.7 of the Government Code, all interest earned upon moneys that are deposited in the fund.
(c) The state board may expend the moneys in the Wastewater Operator Certification Fund, upon appropriation by the Legislature, for purposes of administering this chapter.
(Amended by Stats. 2016, Ch. 305, Sec. 28. (AB 2890) Effective January 1, 2017.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 9 - Waste Water Treatment Plant Classification and Operator Certification › Section 13629.

13629. The state board may approve courses of instruction at higher educational institutions that will qualify operators for each grade of certification. The state board shall also approve courses of instruction given by professional associations, or other private or public agencies that shall be deemed equivalent to courses of instruction given by higher educational institutions.
(Amended by Stats. 2016, Ch. 305, Sec. 29. (AB 2890) Effective January 1, 2017.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 9 - Waste Water Treatment Plant Classification and Operator Certification › Section 13630.

13630. The state board is the state agency which is authorized to represent the state and its local governmental agencies in administering any federal or state funds available for wastewater treatment plant operator training. The state board may provide technical and financial assistance to organizations providing operator training programs.
(Amended by Stats. 2002, Ch. 422, Sec. 5. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 9 - Waste Water Treatment Plant Classification and Operator Certification › Section 13631.

13631. Prior to adopting or amending any regulations or approving any courses for operator training, the state board shall appoint an advisory committee to assist it in carrying out its responsibilities under this chapter.
(Repealed and added by Stats. 1985, Ch. 420, Sec. 3. Effective July 30, 1985.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 9 - Waste Water Treatment Plant Classification and Operator Certification › Section 13632.

13632. The advisory committee appointed pursuant to Section 13631 shall consist of the following:
(a) Two persons from a statewide organization representing wastewater treatment plant operators who shall be employed at a wastewater treatment plant as operators.
(b) Two persons from statewide organizations representing municipalities, including counties or private utility wastewater treatment plants.
(c) Two persons from statewide organizations representing local sanitation agencies, other than agencies specified in subdivision (b).
(d) One person who is employed as an operator at a water recycling treatment plant.
(e) One person from an educational institution’s school or division of engineering.
(f) One person who is a member of an organized labor union that represents wastewater treatment plant operators.
(g) One person who is a professional engineer specializing in sanitary engineering.
(h) One person who is an active or former member of the United States military who is working, supervising, or managing or who has previously worked, supervised, or managed in wastewater treatment or distribution within their military service.
(Amended by Stats. 2019, Ch. 760, Sec. 4. (AB 1588) Effective January 1, 2020.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 9 - Waste Water Treatment Plant Classification and Operator Certification › Section 13633.

13633. The advisory committee shall review all proposed regulations and make recommendations to the state board prior to adoption of any regulations or amendments thereto.
(Repealed and added by Stats. 1985, Ch. 420, Sec. 3. Effective July 30, 1985.)