Section 116540 - Issuance or denial of permit; permit conditions(a) Following completion of the investigation and satisfaction of the requirements of paragraphs (1) and (2), the state board shall issue or deny the permit. The state board may impose permit conditions, requirements for system improvements, technical, financial, or managerial requirements, 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.(1) A public water system that was not in existence on January 1, 1998, shall not be granted a permit unless the public water system demonstrates to the state board 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.(2) A permit under this chapter shall not 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.(b) Notwithstanding Section 116330, a local primacy agency shall not issue a permit under this article without the concurrence of the state board.(c) In considering whether to approve a proposed new public water system, the state board shall consider the sustainability of the proposed new public water system and its water supply in the reasonably foreseeable future, in view of global climate change, potential migration of groundwater contamination and other potential treatment needs, and other factors that can significantly erode a system's capacity.(d) If the state board determines that it is feasible for the service area of the public water system addressed by an application under this article to be served by one or more permitted public water systems identified pursuant to paragraph (1) of subdivision (c) of Section 116527, the state board may deny the permit of a proposed new public water system.(e) An applicant may petition the state board for reconsideration of a decision of action of the deputy director taken pursuant to this section.Ca. Health and Saf. Code § 116540
Amended by Stats 2019 ch 120 (SB 200),s 7, eff. 7/24/2019.Amended by Stats 2017 ch 327 (AB 1438),s 28, eff. 1/1/2018.Amended by Stats 2016 ch 843 (SB 1263),s 3, eff. 1/1/2017.Amended by Stats 2010 ch 328 (SB 1330),s 136, eff. 1/1/2011.Amended by Stats 2009 ch 298 (AB 1540),s 15, eff. 1/1/2010.