Cal. Code Regs. tit. 22 § 64669.65

Current through Register 2024 Notice Reg. No. 44, November 1, 2024
Section 64669.65 - Additional Chemical Monitoring
(a) Once a month, samples shall be collected at sampling locations representative of:
(1) municipal wastewater that feeds the DPR project at a location after secondary wastewater treatment and prior to the treatment processes pursuant to section 64669.50, or at an alternate location approved by the State Board;
(2) advanced treated water at a location immediately after the advanced oxidation process; and
(3) finished water prior to an entry point to the distribution system.
(b) The samples collected pursuant to subsection (a) shall be analyzed for the following chemicals not monitored pursuant to section 64669.60, including:
(1) Priority toxic pollutants (chemicals listed in 40 CFR section 131.38, dated July 1, 2023, "Establishment of numeric criteria for priority toxic pollutants for the State of California, "which is hereby incorporated by reference) specified by the State Board, based on a review of the engineering report;
(2) Chemicals with notification levels specified by the State Board, based on a review of the engineering report;
(3) Chemicals specified by the State Board, based on a review of the DPR project engineering report submitted pursuant to section 64669.75 or from the wastewater source control program pursuant to section 64669.40(a)(3);
(4) The following solvents: acetone; N,N-dimethylacetamide; methanol; and methyl ethyl ketone;
(5) Treatment byproduct precursors and treatment byproducts specified by the State Board, based on a review of the engineering report;
(6) Chemicals associated with business or household sources of hazardous substances, pharmaceuticals, and personal care products, based on published or otherwise available results of analyses of wastewater and environmental waters sampled locally from nearby watersheds or within nearby urban areas with similar demographics, specified by the State Board, based on a review of the DPR project engineering report submitted pursuant to section 64669.75; and
(7) Any other chemicals specified by the State Board that may pose a human health risk, based on the State Board's review of the monitoring conducted pursuant to subsections (g) and (h) or a review of wastewater source control program pursuant to section 64669.40(a)(3).
(c) Monitoring conducted at a location identified in subsection (a)(3) may be used to satisfy the monitoring requirement pursuant to subsection (a)(2) if the DiPRRA demonstrates to the State Board that the water sampled at locations identified in subsections (a)(2) and (a)(3) have the same or substantially similar water quality.
(d) The State Board may require representative monitoring at additional locations not specified in subsection (a) based on the State Board's review of the DPR project engineering report submitted pursuant to section 64669.75.
(e) If monitoring at a location identified in subsection (a) shows that a chemical with a notification level is detected, a confirmation sample shall be collected within 24 hours of notification of the result and analyzed for the chemical to confirm the initial result. If the average of the initial and confirmation sample confirms the chemical is detected or if no confirmation sample is collected, the DiPRRA shall increase the monitoring frequency of the chemical to weekly, conduct an evaluation of the treatment system, initiate a source control investigation pursuant to the approved joint plan, and include the results in the monthly compliance report submitted pursuant to section 64669.95. The DiPRRA may submit to the State Board a request to resume monthly sampling pursuant to subsection (a) after providing a report summarizing the treatment evaluation and source control investigation to the State Board.
(1) If monitoring at the location identified in subsection (a)(1) shows a chemical with a notification level is detected and the DiPRRA has detected the chemical in the last two years of monitoring pursuant to subsection (a), the DiPRRA may submit to the State Board a request to waive the confirmation and increased sampling requirements pursuant to this subsection, if the DiPRRA demonstrates to the State Board that the detection is within the known concentration range of the chemical and the source of the chemical has been identified in previous source control investigations.
(2) If monitoring at the location identified in subsection (a)(3) shows a chemical with a notification level is detected, the DiPRRA shall report the analytical results in the consumer confidence report prepared pursuant to section 64669.130.
(3) If monitoring at the location identified in subsection (a)(2) or (a)(3) shows a chemical exceeding the notification level, a confirmation sample shall be collected within 24 hours of notification of the result and analyzed for the chemical to confirm the initial result. The DiPRRA shall notify the State Board within 48 hours of notification of the result. If the average of the initial and confirmation sample exceeds the chemical's notification level, or if no confirmation sample is collected and analyzed pursuant to this subsection, the DiPRRA shall:
(A) Within 24 hours notify the State Board, increase the monitoring frequency of the chemical to weekly at all locations identified in subsection (a), initiate an investigation of the source of the chemical, cause of the exceedance, and the efficacy of the treatment process to reduce the concentration of the chemical to below the notification level; and
(B) Notify partner agency(ies) in the joint plan, all public water systems that directly receive DPR project water, the DiPRRA governing body, and the governing body of any local agency whose jurisdiction includes areas served by the DPR project within 24 hours of notification of the result.
(4) If the average of the initial and confirmation samples collected at a location identified in subsection (a)(3) pursuant to subsection (e)(3) exceeds a chemical's response level, or if the initial sample exceeds a chemical's response level and no confirmation sample is collected, the DiPRRA shall notify the State Board within 24 hours of notification of the result and take action to immediately discontinue delivery of DPR project water to any distribution system. When a chemical's response level is exceeded in the water delivered to the distribution system, the DiPRRA, its partner agency(ies), and all public water system(s) that directly receive DPR project water shall comply with notification requirements in Health and Safety Code sections 116455 and 116378.
(f) A DiPRRA may apply to the State Board for written approval to decrease the monitoring frequency at a location identified in subsection (a) for a chemical in subsection (b) as follows:
(1) The monitoring frequency may be decreased from monthly to quarterly following State Board written approval, based on a review of no less than the most recent two years of monthly analytical results of the monitoring conducted pursuant to subsection (a) showing the chemical has not been detected;
(2) The monitoring frequency may be decreased from quarterly to annually following State Board written approval, based on a review of no less than the most recent three years of quarterly analytical results pursuant to subsection (e)(1) showing the chemical has not been detected;
(3) After at least three years of annual monitoring for a chemical have been completed pursuant to subsection (e)(2) showing the chemical has not been detected, the DiPRRA may apply to the State Board for a waiver from monitoring; and
(4) A waiver for a chemical pursuant to subsection (f)(3) shall be renewed automatically, unless the State Board notifies the DiPRRA in writing that the waiver has been revoked and the reason for the revocation. The DiPRRA whose waiver has been revoked may re-apply for a waiver when it again meets the requirements for decreased monitoring set forth in this subsection. The State Board may revoke its written approval for decreased monitoring for a chemical pursuant to this section when there is indication that the chemical is present in the wastewater.
(g) Each year, a DiPRRA, in consultation with the State Board, shall identify chemicals that may exceed levels at which no adverse human health effects from acute toxicity are anticipated to occur, with an adequate margin of safety, or exceed levels that do not pose any significant risk to human health from cancer or chronic disease; and that are likely to be present in wastewater used by the DPR project or likely to be produced within the DPR project treatment train and are not otherwise required to be monitored pursuant to subsections (b)(1) through (b)(6). The identification of the chemicals shall be based on reviews of the following:
(1) The inventory of chemicals identified in section 64669.40(a)(3)(E);
(2) Results of analyses of wastewater and environmental waters sampled locally, based on available data;
(3) Reports from State Board advisory bodies or lists of chemicals that pose human health risks that have been developed by the State Board, or other California state agencies, or federal agencies;
(4) Published scientific literature associated with business and household hazardous substances, pharmaceuticals, and personal care products found in wastewater or drinking water; and
(5) Information on pharmaceuticals that are among the most often prescribed, based on readily available documentation, including results from Internet sites that track pharmaceutical use, and modified, if possible, to reflect local conditions.
(h) Each year a DiPRRA shall submit to the State Board a plan for special monitoring that includes the proposed chemicals identified pursuant to subsection (g) and proposed method(s) of analysis pursuant to section 64669.70. The special monitoring plan shall comply with the following requirements.
(1) Sampling shall be conducted from locations identified in subsection (a) on a quarterly basis for no less than two years.
(2) If a chemical is detected, a confirmation sample shall be collected within 30 days of notification of the result and analyzed for the chemical to confirm the initial result.
(3) The DiPRRA shall provide results of the monitoring to partner agency(ies) engaged in public outreach pursuant to section 64669.40(a)(3)(D) to encourage a reduction in the release of business and household hazardous substances, pharmaceuticals, personal care products and other chemicals into the wastewater collection system.
(i) Each year, a DiPRRA shall sample from the location identified in subsection (a)(2) for indicator compound(s) specified by the State Board, based on a review of the following:
(1) The DPR project engineering report;
(2) The information related to wastewater source control developed pursuant to section 64669.40;
(3) Monitoring carried out pursuant to subsection (h);
(4) An indicator compound's ability to characterize the performance of the treatment processes for removal of chemicals; and
(5) The availability of an analytical method for a chemical to be used as an indicator compound.

Cal. Code Regs. Tit. 22, § 64669.65

Note: Authority cited: Sections 13521 and 13561.2, Water Code; and Sections 116271, 116350 and 116375, Health and Safety Code. Reference: Sections 13520, 13561, 13561.2 and 13567, Water Code; and Sections 116275, 116375, 116385, 116400, 116555 and 116735, Health and Safety Code.

1. New section filed 8-6-2024; operative 10/1/2024 (Register 2024, No. 32).