California Code of Regulations › Title 22 - Social Security › Division 4 - Environmental Health › Chapter 15 - Domestic Water Quality and Monitoring Regulations › Article 4.1 - Fluoridation › Section 64433 - System Requirements and Exemptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any public water system with 10,000
				  service connections or more that does not have a fluoridation system shall
				  install such a system pursuant to the requirements in this article if the State
				  Board identifies a source of sufficient funds not excluded by Health and Safety
				  Code section
				  116415
				  to cover capital and any associated costs necessary to install such a system.
				  Installation shall be completed within two years of the date the funds are
				  received by the water system; the water system may apply to the State Board for
				  an extension of the deadline. Following installation, if the State Board
				  identifies a source of sufficient funds not excluded by Health and Safety Code
				  section
				  116415
				  to cover the noncapital operations and maintenance costs for the period of a
				  year or more, the system shall fluoridate within three months of receiving the
				  funds and shall continue fluoridating so long as such funds are
				  received.
(b) Any public water
				  system with 10,000 service connections or more that has a fluoridation system
				  but ceased fluoridating prior to December 31, 1995 shall fluoridate the
				  drinking water if its fluoridation system is determined to be capable of
				  fluoridating the drinking water in compliance with Section
				  64433.2, based on a State Board
				  review, and the State Board identifies a source of sufficient funds not
				  excluded by Health and Safety Code section
				  116415
				  to cover the noncapital operations and maintenance costs for the period of a
				  year or more. Such a system shall fluoridate within one month of receiving the
				  funds and shall continue fluoridating so long as such funds are
				  received.
(c) Any public water
				  system required to install a fluoridation system pursuant to subsection (a) or
				  required to fluoridate pursuant to subsection (b) shall annually submit an
				  estimate of anticipated fluoridation operations and maintenance costs for the
				  next fiscal year (July 1 through June 30) to the State Board by the January 1
				  preceding that fiscal year.
(d) Any
				  public water system with 10,000 service connections or more that has
				  naturally-occurring fluoride and cannot demonstrate that it maintains an
				  average annual fluoride level that is equal to or greater than the low level
				  specified in the temperature-appropriate "control range" in Table 64433.2-A
				  shall be subject to subsections (a) and (b).
(e) Any public water system which achieves
				  10,000 service connections or more subsequent to July 1, 1996, that does not
				  have a fluoridation system, or that has naturally-occurring fluoride and meets
				  the criteria in subsection (d) shall provide an estimate to the State Board of
				  capital and any associated costs necessary to install a fluoridation system
				  within one year of achieving at least 10,000 service connections:
(f) Any public water system with 10,000
				  service connections or more shall be exempted from fluoridation in either of
				  the following cases:
(1) The water system does
				  not receive sufficient funds from a source identified by the State Board and
				  not excluded by Health and Safety Code section
				  116415
				  to cover the capital and associated costs needed to install a fluoridation
				  system; or
(2) The water system
				  received sufficient capital funds from a source identified by the State Board
				  and not excluded by Health and Safety Code section
				  116415
				  and subsequently installed a fluoridation system or the water system meets the
				  criteria in subsection (b), and the water system did not receive sufficient
				  funds from a source identified by the State Board and not excluded by Health
				  and Safety Code section
				  116415
				  to cover the noncapital operation and maintenance costs to fluoridate. The
				  water system shall be exempted for any fiscal year (July 1 through June 30) for
				  which it does not receive the funds for noncapital operation and maintenance
				  costs.