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State Water Resources Control Board
Division of Drinking Water
January 3, 2017
Mr. Brad Banner, Director
Butte County Environmental Health Division
202 Mira Loma Drive
Oroville, CA 95965
Dear Mr. Banner:
Pursuant to Health and Safety Code, section 116271 (i), on July 1, 2014, the State Water
Resources Control Board (hereinafter "State Board" or"Board") assumed the rights,
obligations, liabilities and duties of the State Department of Public Health with respect to
the Local Primacy Delegation Agreement (hereinafter"Agreement") entered into by the
County of Butte (hereinafter "County") and the State Department of Public Health for
purposes of administering the California Safe Drinking Water Act. In accordance with
section 4.01 of the Agreement, the State Board hereby amends the Agreement as further
described below (hereinafter "Amendments"). Unless otherwise noted, all Amendments
are effective as of April 1, 2017. The State Board has delegated to the Deputy Director
for the Division of Drinking Water(Division) the authority to administer the local primacy
delegation program for small water systems. (See State Board Resolution No.. 2014-
0029.)
LPA Delegation Agreement Amendments
1. Renaming ARTICLE I1. TERMS OF DELEGATION to "ARTICLE 11. LPA PROGRAM
REQUIREMENTS."
II. Amending Section 2.01 by:
A. Amending Section 2.01 (a) to read: Issuance. The County shall cause the LPA to
issue and maintain a valid drinking water permit ("Permit") for,each public water system
within the County's jurisdiction for which the State Board concurs that the permit may be
issued as provided for in Health & Safety Code, .section 116540 (b) (as amended by SB
1263 (2016)). The County shall cause the LPA to submit to the State Board a copy of each
permit application for a new public water system and each technical report required by
PELICIA MARCUS, CHAIR i THO=MAS HOWARD. EXECUTIVE DIRECTOR
1001 1 Street,Sacramento,CA 135814 i Mailing Address:P.O. Box 100,Sacramento,CA 95812-0100 i www.waterboards.ca.gov
C,nEcrcl.Eo PAPER
Mr. Brad Banner - 2 - January 3, 2017
Health & Safety Code, section 116527. The County shall prohibit the LPA from issuing a
Permit to any public water system unless it has received written concurrence from the
State Board to issue the Permit. The Permit must be issued in conformity with and include
all terms and conditions set forth in the Safe Drinking Water Act and the Permit Manual on
the Division's FTP website (https://ftp.waterboards.ca.govNVebinterface/login.html), and
on any successor website, (hereinafter FTP website). The State Board shall notify the
County within three (3) business days of making any change to any requirement on the
FTP website that is referenced in the Agreement or these Amendments with which the
County is required to comply.
B. Deleting Section 2.01 (d).
Ill. Amending Section 2.04 (e) to read:
Monitoring and Review. Establish and maintain a system to ensure that each public water
system under its jurisdiction: (A) Is in compliance with all applicable requirements of
California Code of Regulations, Title 22; and (B) Submits all required water quality data
electronically to the Board. The County shall be deemed to be in compliance with
requirement (A) with regard to any public water system that is out of compliance so long
as the County is taking appropriate and timely enforcement action as provided for in
Section 2.07.
IV. Amending Section 2.05 by deleting the existing introductory paragraph and
subparagraphs (a) through (e), and adding the following subparagraphs:
(a). The County shall cause the LPA to comply with the Board's instructions on the FTP
website regarding issuance of unsafe water alerts, including, but not limited to, notifying
the agencies identified,in the document.
(b). The County shall cause the LPA to use: (1) SDWIS-State to report to the Division on
or before 30 days after the last day of each calendar quarter each of those data elements
in SDWIS-State that are being implemented by the Division; (2) SDWIS -State to report to
the Division any additional data element within 90 days of being notified that the Division
has implemented the additional element; and (3) any database that is a successor to
SDWIS-State within 90 days of being notified that the Division has implemented the
successor database as directed by the Board. The County shall cause the LPA to comply
with all guidance on the Division's FTP SDWIS website (hereinafter "FTP- SDWIS
website") relating to SDWIS-State data entry procedures and compliance management
rules.
(c). The County shall cause the LPA to submit to the Board's Division of Information
Technology an electronic PDF copy of each citation and each order issued by the LPA
within 30 days of issuance and shall use the file naming convention and submission
procedures that are provided on the FTP website.
(d). The County shall cause the LPA to submit to the Board an electronic copy of each
pleading initiating a civil or criminal action that the County has filed or referred for filing
against a public water system within 30 days of the later of the date of filing of the pleading
or the date of receipt by the County of the pleading.
(e). The County shall cause the LPA to submit to the Board a written list of issued,
amended, or renewed domestic water supply permits for each public water system under
Mr. Brad Banner - 3 - January 3, 2017
the LPA regulatory jurisdiction electronically no later than 30 days after the last day of
each calendar quarter. The list shall be in the format specified on the FTP website.
(f). The County shall cause the LPA to comply with all requests from the Board to issue an
amended permit to public water systems regardless of whether the public water system
submitted an application for an amended permit, provided that the Board has determined
that the amended permit is necessary to protect public health.
(g). The County shall cause the LPA to make all reasonable effort to provide to the Board
any communications it receives, including, but not limited to, reports of oral
communications, relating to matters under the Board's authority that are not delegated to
the LPA.
(h). The County shall cause the LPA to provide to the Board within five (5) business days
all petitions for reconsideration as described in Health and Safety Code section 116701
that the LPA receives from public water systems, and shall not take any other action with
regard to any petition for reconsideration.
V. Amending Section 2.06 to read:
Unless otherwise directed by the Board, the County shall cause the LPA to: (a) by March 1
of each calendar year, direct all public water systems under its jurisdiction to submit by
April 1 of each calendar year to the DRINC website an electronic.annual report
(hereinafter "EAR"); (b) by June 1 of each calendar year review each EAR and, if
complete, accept such EAR; (c) by June 15 of each calendar year notify each public water
system that failed to submit a timely, complete EAR that the water system must submit a
complete EAR by July 1; and (d) by July 15, issue a citation or compliance order to each
public water system that has not submitted a complete EAR. The LPA shall comply with
the FTP website's EAR guidance documents.
VI. Amending Section 2.07 to read:
The County shall cause the LPA to take appropriate and timely enforcement action against
small public water systems in accordance with California Code of Regulations, Title 22,
section 64258 and consistent with the Division's Staff Guide to Compliance and
Enforcement on the Division's Enforcement webpage
(http://drinc.ca.gov/tgs/Login.aspx?ReturnUrl=Contact.aspx).
VII. Renaming ARTICLE Ill. LPA PROGRAM REQUIREMENTS to "ARTICLE III. LPA
MANAGEMENT REQUIREMENTS."
Vlll. Amending Section 3.01 to read:
The County shall cause the LPA to submit as a part of its Annual Work Plan pursuant to
section 2.02: 1) the proposed staffing level for the fiscal year; and 2)justification that will
demonstrate the proposed staffing level will meet the requirements of the Agreement.
IX. Amending Section 3.04 to read:
The County shall cause the LPA to establish and maintain a time accounting system that
provides an accurate record of all time spent by each LPA staff person in performing
Mr. Brad Banner - 4- January 3, 2017
public wafter system activities. Each entry in the time accounting system must include the
following: date, staff identification, activity name/code, hours spent on activity.
The County shall notify the Division of Drinking Water no later than 10 working business
days upon receipt of this letter, stating whether the County accepts the terms and
conditions of the Amendments and will implement all Amendments beginning on the
effective date stated above. Failure to submit a timely notification may result in the State
Board taking action to initiate a revocation of the Butte County Local Primacy Delegation
Agreement.
If you have any questions or concerns, please contact Wendy Killou at (916) 449-5158 or
by email at wendy.killouCcb-waterboards.ca.gov.
Sincerely,
Darrin Polhemus, Deputy Director
Division of Drinking Water
cc: Butte County Board of Supervisors
25 County Center Dr., #205
Oroville, CA 95965
Andrew Miller, MD
Butte County Health Officer
202 Mira Loma Drive
Oroville, CA 95965
SWRCB-DDW-Valley District Engineer
364 Knollcrest Drive, Suite 101
Redding, CA 96002
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