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California
Health and Safety Code Section 116365
116365.
(a) The department shall adopt primary drinking water standards
for contaminants in drinking water that are based upon the criteria
set forth in subdivision (b) and shall not be less stringent than
the national primary drinking water standards adopted by the United
States Environmental Protection Agency. Each primary drinking water
standard adopted by the department shall be set at a level that
is as close as feasible to the corresponding public health goal
placing primary emphasis on the protection of public health, andthat,
to the extent technologically and economically feasible meets all
of the following:
(1)
With respect to acutely toxic substances, avoids any known or anticipated
adverse effects on public health with an adequate margin of safety,
and
(2) With respect to carcinogens, or any substances that may cause
chronic disease, avoids any significant risk to public health.
(b)
The department shall consider all of the following criteria when
it adopts a primary drinking water standard:
(1)
The public health goal for the contaminant adopted by the Office
of Environmental Health Hazard Assessment pursuant to subdivision
(c).
(2) The national primary drinking water standard for the contaminant,
if any, adopted by the United States Environmental Protection Agency.
(3) The technological and economic feasibility of compliance with
the proposed primary drinking water standard. For the purposes of
determining economic feasibility pursuant to this paragraph, the
department shall consider the costs of compliance to public water
systems, customers, and other affected parties with the proposed
primary drinking water standard, including the cost per customer
and aggregate cost of compliance, using best available technology.
(c)
The Office of Environmental Health Hazard Assessment shall perform
a risk assessment and, based upon that risk assessment, shall
adopt a public health goal based exclusively on public health
considerations, for each drinking water contaminant regulated,
or proposed to be regulated, by the department pursuant to a primary
drinking water standard. The risk assessment shall be performed
using the most current principles, practices, and methods used
by public health professionals who are experienced practitioners
in the field of epidemiology, risk assessment, and toxicology.
The office and the department are prohibited from imposing any
mandate that requires a public water system to comply with a public
health goal.Each public health goal shall be set in accordance
with all of the following criteria:
(1)
Each public health goal shall be set for acutely toxic substances,
at a level at which no known or anticipated adverse effects on health
will occur, with an adequate margin of safety.
(2) Each public health goal shall be set for a carcinogen or other
substance that may cause chronic disease at a level that, based
upon currently available data, does not pose any significant risk
to health.
(3) To the extent the information is available, the office shall
consider possible synergistic effects resulting from exposure to,
or interaction with, two or more contaminants.
(4) The office shall consider the effect of the contaminants upon
subgroups that comprise a meaningful portion of the general population,
including, but not limited to, infants, children,pregnant women,
the elderly, individuals with a history of serious illness, or other
subpopulations, that are identifiable as being at greater risk of
adverse health effects due to exposure to contaminants in drinking
water than the general population.
(5) The office shall consider the contaminant exposure and bodyburden
levels that alter physiological function or structure in a manner
that may significantly increase the risk of illness.
(6) If the office finds that the currently available scientific
data is insufficient to determine the amount of a contaminant that
creates no significant risk to public health, the public health
goal shall be set at a level that is protective of public health
with an adequate margin of safety, based exclusively
on health considerations and factoring in the considerations set
forth in paragraphs (1) to(5), inclusive, and paragraph (7), and
using the most current principles, practices, and methods used by
public health professionals who are experienced practitioners in
the fields of epidemiology, risk assessment, and toxicology. However,
if adequate scientific evidence demonstrates that a safe dose response
threshold for a contaminant exists, then the public health goal
should be set at that threshold. The department may set the public
health goal at zero if necessary to satisfy the requirements of
this paragraph.
(7) The office shall consider exposure to contaminants in media
other than drinking water, including, but not limited to, exposures
in food, in the ambient and indoor air, and the resulting bodyburden.
(d)
Notwithstanding any other provision of this section, any maximum
contaminant level in effect on August 22, 1995, may be amended
by the department to make the level more stringent pursuant to
this section. However, the department may only amend a maximum
contaminant level to make it less stringent if the department
shows clear and convincing evidence that the maximum contaminant
level should be made less stringent and the amendment is made
consistent with this section.
(e) (1) Public health goals established by the office shall be
reviewed at least once every five years and revised, pursuant
to the provisions of subdivision (c), as necessary based upon
the availability of new scientific data.
(2) On or before January 1, 1998, the office shall adopt a public
health goal for at least 25 drinking water contaminants for which
a primary drinking water standard has been adopted by the department.The
office shall adopt a public health goal for 25 additional drinking
water contaminants by January 1, 1999, and for all remaining drinking
water contaminants for which a primary drinking water standard
has been adopted by the department by no later than December31,
1999. A public health goal shall be concurrently adopted by the
office with the adoption of a primary drinking water standard
by the department for any newly regulated contaminant.
(f)
The department or office may review, and adopt by reference,any
information prepared by, or on behalf of, the United States Environmental
Protection Agency for the purpose of adopting a national primary
drinking water standard or maximum contaminant level goal when
it establishes a California maximum contaminant level or public
health goal.
(g)
At least once every five years after adoption of a primary drinking
water standard, the department shall review the primary drinking
water standard and shall, consistent with the criteria set forth
in subdivisions (a) and (b), amend any standard if any of the
following occur:
(1) Changes in technology or treatment techniques that permit
a materially greater protection of public health or attainment
of the public health goal.
(2) New scientific evidence that indicates that the substance
may present a materially different risk to public health than
was previously determined.
(h) Not later than March 1 of every year, the department shall
provide public notice of each primary drinking water standard
it proposes to review in that year pursuant to this section.Thereafter,
the department shall solicit and consider public comment and hold
one or more public hearings regarding its proposal to either amend
or maintain an existing standard. With adequate public notice,
the department may review additional contaminants not covered
by the March 1 notice.
(i) This section shall operate prospectively to govern the adoption
of new or revised primary drinking water standards and dose not
require the repeal or readoption of primary drinking water standards
in effect immediately preceding January 1, 1997.
(j) The department may, by regulation, require the use of as specified
treatment technique in lieu of establishing a maximum contaminant
level for a contaminant if the department determines that it is
not economically or technologically feasible to ascertain the
level of the contaminant.
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