Point of Entry and Point of Use Treatment - Emergency Regulations
Last Updated: March 12, 2013
Assembly Bill 2515 (PDF) (Statutes of 2010, Chapter 601, V. Manuel Pérez) amended and adopted Health and Safety Code (H&SC) Section 116380 and Section 116761.25.
Section 116380 requires the Department to adopt emergency regulations governing the permitted use of point-of-entry (POE) and point-of-use (POU) treatment by public water systems in lieu of centralized treatment. It should be noted that the emergency regulations are not subject to the requirements of the Administrative Procedure Act (APA).
As a result, the Department submitted emergency regulations pertaining to the use of POU treatment (PDF) filing with the Secretary of State. Pursuant to Section 116380, the regulations are effective upon filing with the Secretary of State. The regulations became effective on December 21, 2010, and will remain in effect until January 1, 2014, or until the effective date of the adoption of "standard" regulations, whichever occurs first.
The emergency regulations pertaining to the use of POE treatment (PDF)became effective on September 22, 2011.
Following the adoption of the POU and POE emergency regulations, the Department will begin the process of adopting "permanent" POU and POE regulations (meeting the APA requirements) to fulfill its obligations set forth under the H&SC by AB 2515.
As with the emergency regulations, the standard regulations must be consistent with the use limits in H&SC Sections 116380 and 116552. Among other things, Section 116380 limits the use of POU and POE treatment to public water systems with fewer than 200 service connections, while Section 116552 limits the use of POU treatment to 3 years or until funding for centralized treatment is available (whichever occurs first).
As required by the APA, the future proposed standard regulations will undergo a formal public comment period prior to adoption. Although the Department expects the standard regulations to be consistent with the emergency regulations, the Department will consider revisions resulting from comments and implementation experiences while the emergency regulations are in effect.
If you have any questions or comments, please contact Mike McKibben at email@example.com or 619-525-4023. If you do not have access to email, but would like to submit written comments, please send them to:
CDPH Drinking Water Program
1350 Front Street, Suite 2050
San Diego, CA 92101