Cal. Code Regs. Tit. 22, § 64433 - System Requirements and Exemptions

(a) Any public water system with 10,000 service connections or more that does not have a fluoridation system shall install such a system pursuant to the requirements in this article if the State Board identifies a source of sufficient funds not excluded by Health and Safety Code section 116415 to cover capital and any associated costs necessary to install such a system. Installation shall be completed within two years of the date the funds are received by the water system; the water system may apply to the State Board for an extension of the deadline. Following installation, if the State Board identifies a source of sufficient funds not excluded by Health and Safety Code section 116415 to cover the noncapital operations and maintenance costs for the period of a year or more, the system shall fluoridate within three months of receiving the funds and shall continue fluoridating so long as such funds are received.

(b) Any public water system with 10,000 service connections or more that has a fluoridation system but ceased fluoridating prior to December 31, 1995 shall fluoridate the drinking water if its fluoridation system is determined to be capable of fluoridating the drinking water in compliance with Section 64433.2, based on a State Board review, and the State Board identifies a source of sufficient funds not excluded by Health and Safety Code section 116415 to cover the noncapital operations and maintenance costs for the period of a year or more. Such a system shall fluoridate within one month of receiving the funds and shall continue fluoridating so long as such funds are received.

(c) Any public water system required to install a fluoridation system pursuant to subsection (a) or required to fluoridate pursuant to subsection (b) shall annually submit an estimate of anticipated fluoridation operations and maintenance costs for the next fiscal year (July 1 through June 30) to the State Board by the January 1 preceding that fiscal year.

(d) Any public water system with 10,000 service connections or more that has naturally-occurring fluoride and cannot demonstrate that it maintains an average annual fluoride level that is equal to or greater than the low level specified in the temperature-appropriate "control range" in Table 64433.2-A shall be subject to subsections (a) and (b).

(e) Any public water system which achieves 10,000 service connections or more subsequent to July 1, 1996, that does not have a fluoridation system, or that has naturally-occurring fluoride and meets the criteria in subsection (d) shall provide an estimate to the State Board of capital and any associated costs necessary to install a fluoridation system within one year of achieving at least 10,000 service connections:

(f) Any public water system with 10,000 service connections or more shall be exempted from fluoridation in either of the following cases:

(1) The water system does not receive sufficient funds from a source identified by the State Board and not excluded by Health and Safety Code section 116415 to cover the capital and associated costs needed to install a fluoridation system; or

(2) The water system received sufficient capital funds from a source identified by the State Board and not excluded by Health and Safety Code section 116415 and subsequently installed a fluoridation system or the water system meets the criteria in subsection (b), and the water system did not receive sufficient funds from a source identified by the State Board and not excluded by Health and Safety Code section 116415 to cover the noncapital operation and maintenance costs to fluoridate. The water system shall be exempted for any fiscal year (July 1 through June 30) for which it does not receive the funds for noncapital operation and maintenance costs.

Notes

Cal. Code Regs. Tit. 22, § 64433

1. New section filed 3-23-98; operative 4-22-98 (Register 98, No. 13). For prior history, see Register 95, No. 25.
2. New article 4.1 heading filed 10-29-2008; operative 11-28-2008 (Register 2008, No. 44).
3. Change without regulatory effect amending section and NOTE filed 6-2-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 23).

Note: Authority cited: Sections 116271, 116410 and 116415, Health and Safety Code. Reference: Sections 116410 and 116415, Health and Safety Code.

1. New section filed 3-23-98; operative 4-22-98 (Register 98, No. 13). For prior history, see Register 95, No. 25.
2. New article 4.1 heading filed 10-29-2008; operative 11-28-2008 (Register 2008, No. 44).
3. Change without regulatory effect amending section and Note filed 6-2-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 23).