Water Recycling Funding Program (WRFP)

OVERVIEW OF STATUTES AND REGULATIONS

State statutes and regulations pertaining to the use of recycled water in California can be found in the California Water Code (CWC), California Code of Regulations (CCR), and California Health and Safety Code. Water quality control plans (basin plans) may also contain the recycled water use policy of individual regional water quality control boards (regional water boards).

State Policy for Water Recycling

It is State policy to promote the use of recycled water to the maximum extent in order to supplement existing surface and ground water supplies to help meet water needs (CWC sections 13510-13512). One of the primary conditions on the use of recycled water is protection of public health (CWC sections 13521, 13522, 13550(a)(3)).

Regional Water Board Water Recycling Requirements

All persons who recycle or propose to recycle water, and who use or propose to use recycled water, must file a report with the appropriate regional water board (CWC section 13522.5). If a regional water board determines that it is necessary to protect public health, safety, or welfare, it may prescribe water recycling requirements where recycled water is used or proposed to be used (CWC section 13523).

Department of Health Services and the Division of Responsibility

The regional water boards must consult with and consider recommendations of the Department of Health Services (DHS) when issuing waste discharge/water recycling requirements (CWC section 13523). The DHS is statutorily required to establish uniform statewide recycling criteria for the various uses of recycled water to assure protection of public health where recycled water use is involved (CWC section 13521). DHS has promulgated regulatory criteria in Title 22, Division 4, Chapter 3, section 60301 et seq. of the CCR. DHS regulatory criteria include specified approved uses of recycled water, numerical limitations and requirements, treatment method requirements and performance standards. DHS regulations allow use of alternate methods of treatment in some cases, so long as the alternate methods are determined by DHS to provide equivalent treatment and reliability.

The 1996 Memorandum of Agreement (MOA) between the Department of Health Services (DHS), State Water Resources Control Board, and the regional water boards on the use of recycled water allocates primary areas of responsibility and authority between these agencies. The MOA provides methods and mechanisms necessary to assure ongoing and continuous future coordination of activities relative to the use of recycled water in California.