Amended by Stats. 2025, Ch. 736, Sec. 2. (SB 31) Effective January 1, 2026.
(a)Any person who, without regard to intent or negligence, causes or permits an unauthorized discharge of 50,000 gallons or more of recycled water, as defined in subdivision (c), or 1,000 gallons or more of recycled water, as defined in subdivision (d), in or on any waters of the state, or causes or permits such unauthorized discharge to be discharged where it is, or probably will be, discharged in or on any waters of the state, shall, as soon as (1) that person has knowledge of the discharge, (2) notification is possible, and (3) notification can be provided without substantially impeding cleanup or other emergency measures, immediately notify the appropriate regional board.
(b)For the purposes of this section, an unauthorized discharge means a discharge not
authorized by waste discharge requirements pursuant to Article 4 (commencing with Section 13260) of Chapter 4, water reclamation requirements pursuant to Section 13523, a master reclamation permit pursuant to Section 13523.1, or any other provision of this division.
(c)For the purposes of this section, “recycled water” means wastewater treated as “disinfected tertiary 2.2 recycled water,” as defined or described by the State Department of Health Care Services or wastewater receiving advanced treatment beyond disinfected tertiary 2.2 recycled water once it completes the required treatment process and enters a storage tank, pipeline, or canal for conveyance or distribution.
(d)For purposes of this section, “recycled water” means “recycled water,” as defined in subdivision (n) of Section 13050, which is treated at a level less than “disinfected tertiary 2.2 recycled water,” as
defined or described by the State Department of Health Care Services.
(e)For the purposes of this section, water discharged from a decorative body of water during storm events shall not be considered an unauthorized discharge if recycled water was used to restore levels due to evaporation. For purposes of this subdivision, “decorative body of water” means an impoundment for aesthetic enjoyment or landscape irrigation, or which otherwise serves a similar use or function, in which recycled water is stored or used and is not intended to include public contact.
(f)The requirements in this section supplement, and shall not supplant, any other provisions of law.
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