California Health and Safety Code 116540 – (a) Following completion of the investigation and satisfaction …
(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.
Terms Used In California Health and Safety Code 116540
- Deputy director: means the deputy director appointed by the state board pursuant to subdivision (k) of Section 116271. See California Health and Safety Code 116275
- Local primacy agency: means a local health officer that has applied for and received primacy delegation pursuant to Section 116330. See California Health and Safety Code 116275
- Public water system: means a system for the provision of water for human consumption through pipes or other constructed conveyances that has 15 or more service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. See California Health and Safety Code 116275
- State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
- State board: means the State Water Resources Control Board. See California Health and Safety Code 116275
(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.
(Amended by Stats. 2019, Ch. 120, Sec. 7. (SB 200) Effective July 24, 2019.)