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SBDDW-16-02
Surface Water Augmentation (SWA) Regulations

Background

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.

Sections Affected
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,
and 64668.30.

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 Public Comment Period: July 21, 2017
Public Hearing: 9:30 AM - September 7, 2017
Close of Public Comment Period: 12:00 PM (noon) - September 12, 2017
Approved by the Office of Administrative Law: TBD
Filed with the Secretary of State: TBD
Effective Date of the Regulations: TBD

Please see the Notice of Proposed Rulemaking below on how to submit public comments, location of public hearing, and other details

Rulemaking Documentation

45-day Public Comment

Contact Information

Mike McKibben
Senior Sanitary Engineer
(619) 525-4023
Michael.McKibben@waterboards.ca.gov

Sherly Rosilela
Water Resource Control Engineer
(916) 341-5578
Sherly.Rosilela@waterboards.ca.gov

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