SBDDW-16-02 Surface Water Augmentation (SWA) Regulations
Water Code section 13562 requires the State Water Board to adopt uniform water recycling criteria for surface water augmentation (SWA regulations) on or before December 31, 2016, if an Expert Panel has made a finding that the proposed criteria (regulations) would adequately protect public health. For more background information, please see the Initial Statement of Reasons (ISOR) provided below.
Water Code section 13562(b) requires adoption of Surface Water Augmentation regulations to be in accordance with the requirements of the Administrative Procedures Act (APA).
External Scientific Peer Reviews
The proposed regulations went through two separate external review processes:
- Health and Safety Code section 57004 requires a regulation proposed for adoption by the State Water Board, which establishes requirements for the protection of public health or the environment, to undergo an external scientific peer review of the basis of the scientific portions of the regulation. The State Water Board received the completed scientific peer review on June 10, 2016. Information related to the scientific peer review may be found here and is discussed further in the Initial Statement of Reasons provided below. The scientific peer reviewers were independent of the Expert Panel.
- As previously noted, Water Code section 13562 mandates that the State Water Board shall not adopt uniform water recycling criteria for surface water augmentation unless and until the Expert Panel has adopted a finding that the proposed criteria would adequately protect public health. Therefore, the Expert Panel reviewed the proposed SWA regulations and, by way of a document dated October 31, 2016, the Expert Panel made a finding that the proposed uniform water recycling criteria for surface water augmentation adequately protects public health. Further information related to the Expert Panel's finding, as well as biographies of the Expert Panel members, may be found in the Initial Statement of Reasons provided below.
Surface Water Augmentation Using Recycled Water (SBDDW-16-02)
Information and documentation pertaining to this regulatory action are provided here.
California Code of Regulations: Title 22
Sections to adopt (unless otherwise noted): 60301.120, 60301.450 (amend), 60301.850.5, 60301.851,
60301.852, 60301.853, 60320.300, 60320.301, 60320.302, 60320.304, 60320.306, 60320.308,
60320.312, 60320.320, 60320.322, 60320.326, 60320.328, 60320.330, 64668.05, 64668.10, 64668.20,
Status of Rulemaking Proceedings
Office of Administrative Law File Number: Z-2017-0711-03 (Notice File Number)
California Regulatory Notice Register: Register 2017, No. 29-Z
Notice of Proposed Rulemaking Publication Date: July 21, 2017
Start of 45-day Public Comment Period: July 21, 2017
Public Hearing: 9:30 AM - September 7, 2017
Close of 45-day Public Comment Period: 12:00 PM (noon) - September 12, 2017
Start of 15-day Public Comment Period: November 30, 2017
Close of 15-day Public Comment Period: 12:00 PM (noon) – December 18, 2017
Approved by the Office of Administrative Law: August 7, 2018
Filed with the Secretary of State: August 7, 2018
Effective Date of the Regulations: October 1, 2018
Status of the Proposal
The rulemaking is complete.
Inquiries regarding the contents of these regulations may be directed to
Name: Michael McKibben
Phone: (619) 525-4023
45-day Public Comment
- Notice of Proposed Rulemaking
- Initial Statement of Reasons
- Proposed Regulation Text
- Comment Letters Received by September 12, 2017
15-day Public Comment
- Notice of Public Availability of Changes to Proposed Regulations
- Methods of Indicating Changes to Proposed Regulations and Text of Changes to Proposed Regulations
- Expert Panel Memorandum dated 13 November 2017
- Comment Letters Received by December 18, 2017
State Water Board Resolution Adoption Meeting
The State Water Board adopted a resolution for the proposed SWA regulations on its March 6, 2018, board meeting. The Board meeting agenda and the signed resolution are posted on the links below:
- Board meeting agenda (see Item 6 for “Consideration of a proposed resolution to adopt proposed regulations for SWA using recycled water”)
- State Water Board Resolution No 2018-0014 Adopting the Proposed Regulations for Surface Water Augmentation Using Recycled Water
Division of Drinking Water Staff has prepared a draft responses to comments received during the 45-day and 15-day public comment period available on the link below:
The State Water Board adoption of the resolution does not conclude the rulemaking process. The resolution directs staff to continue the rulemaking process with the final version of the regulations text adopted by the State Water Board. The rulemaking process is complete once the Office of Administrative Law approves the rulemaking record and files the approved regulations with the Secretary of State.
Public Hearings and Treatment Technology Findings for Surface Water Augmentation Projects
Pursuant to Health and Safety Code section 116551(b), prior to issuing a permit to a public water system or amending a valid existing permit for the use of reservoir as a source of supply that is directly augmented with recycled water (i.e., surface water augmentation), three duly noticed public hearings are required to be held in the area where the recycled water is proposed to be used or supplied for human consumption, for receiving public testimony on that proposed use. In addition, the State Water Board must ensure a project’s treatment technology information is available to the public at least ten days prior to a public hearing for a project.
Information regarding mandated public hearings for surface water augmentation projects, as well as access to the proposed treatment technology reports, is provided in the table below. For the projects listed, the State Water Board has evaluated the projects’ proposed treatment technology and determined that the recycled water will meet all applicable primary and secondary drinking water standards and poses no significant threat to public health. The determination does not constitute final approval of a project.
Public Hearing Date(s)
|City of San Diego||North City Pure Water Project||
August 14, 2018,
Refer to the Notice for information on how to attend and how to submit comments to the Project Proponent:
North City Pure Water Project Title 22 Engineering Report can be found at the City of San Diego’s website: https://www.sandiego.gov/water/purewater/purewatersd/reports
Should you have a question about hearing details, please contact R. Petoscia, City of San Diego Pure Water Administrator at (858) 614-5757.
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