This part shall be known and may be cited as the Groundwater Quality Monitoring Act of 2001.
Part 2.76GROUNDWATER QUALITY MONITORING
Section § 10780
This section names the law as the Groundwater Quality Monitoring Act of 2001.
Groundwater Quality Monitoring Act of 2001 groundwater protection water quality environmental monitoring contamination prevention water resources management California groundwater pollution control groundwater sustainability aquifer health water supply protection groundwater legislation environmental health
Section § 10781
This law is about improving how California monitors groundwater and provides information on groundwater contamination to the public. The state board must work with other agencies to create a thorough monitoring system that checks each groundwater basin using reliable methods. An interagency task force will decide what elements should be included in the monitoring. The task force will also work on improving coordination between various state and federal agencies, design a database for monitoring data, and figure out costs and public access to the information.
An advisory committee will support the task force, including members from federal agencies, water systems, environmental groups, businesses, local agencies, agriculture, and groundwater management. These members can get paid for attending meetings and reimbursed for travel expenses related to their duties.
In order to improve comprehensive groundwater monitoring and increase the availability to the public of information about groundwater contamination, the state board, in consultation with other responsible agencies, as specified in this section, shall do all of the following:
(a)CA Water Code § 10781(a) Integrate existing monitoring programs and design new program elements as necessary to establish a comprehensive monitoring program capable of assessing each groundwater basin in the state through direct and other statistically reliable sampling approaches. The interagency task force established pursuant to subdivision (b) shall determine the constituents to be included in the monitoring program. In designing the comprehensive monitoring program, the state board, among other things, shall integrate projects established in response to the Supplemental Report of the 1999 Budget Act, strive to take advantage of and incorporate existing data whenever possible, and prioritize groundwater basins that supply drinking water.
(b)Copy CA Water Code § 10781(b)
(1)Copy CA Water Code § 10781(b)(1) Create an interagency task force for all of the following purposes:
(A)CA Water Code § 10781(b)(1)(A) Identifying actions necessary to establish the monitoring program.
(B)CA Water Code § 10781(b)(1)(B) Identifying measures to increase coordination among state and federal agencies that collect information regarding groundwater contamination in the state.
(C)CA Water Code § 10781(b)(1)(C) Designing a database capable of supporting the monitoring program that is compatible with the state board’s geotracker database.
(D)CA Water Code § 10781(b)(1)(D) Assessing the scope and nature of necessary monitoring enhancements.
(E)CA Water Code § 10781(b)(1)(E) Identifying the cost of any recommended measures.
(F)CA Water Code § 10781(b)(1)(F) Identifying the means by which to make monitoring information available to the public.
(2)CA Water Code § 10781(b)(2) The interagency task force shall consist of a representative of each of the following entities:
(A)CA Water Code § 10781(b)(2)(A) The state board.
(B)CA Water Code § 10781(b)(2)(B) The department.
(C)CA Water Code § 10781(b)(2)(C) The State Department of Health Services.
(D)CA Water Code § 10781(b)(2)(D) The Department of Pesticide Regulation.
(E)CA Water Code § 10781(b)(2)(E) The Department of Toxic Substances Control.
(F)CA Water Code § 10781(b)(2)(F) The Department of Food and Agriculture.
(c)CA Water Code § 10781(c) Convene an advisory committee to the interagency task force, with a membership that includes all of the following:
(1)CA Water Code § 10781(c)(1) Two representatives of appropriate federal agencies, if those agencies wish to participate.
(2)CA Water Code § 10781(c)(2) Two representatives of public water systems, one of which shall be a representative of a retail water supplier.
(3)CA Water Code § 10781(c)(3) Two representatives of environmental organizations.
(4)CA Water Code § 10781(c)(4) Two representatives of the business community.
(5)CA Water Code § 10781(c)(5) One representative of a local agency that is currently implementing a plan pursuant to Part 2.75 (commencing with Section 10750).
(6)CA Water Code § 10781(c)(6) Two representatives of agriculture.
(7)CA Water Code § 10781(c)(7) Two representatives from groundwater management entities.
(d)Copy CA Water Code § 10781(d)
(1)Copy CA Water Code § 10781(d)(1) The members of the advisory committee may receive a per diem allowance for each day’s attendance at a meeting of the advisory committee.
(2)CA Water Code § 10781(d)(2) The members of the advisory committee may be reimbursed for actual and necessary travel expenses incurred in connection with their official duties.
groundwater monitoring groundwater contamination public information interagency task force monitoring program data integration existing data drinking water basins state and federal agencies geotracker database cost assessment public access advisory committee reimbursement allowance environmental organizations
Section § 10782
This section requires the state board to identify and recommend funding options for continuing a groundwater monitoring program until 2024, and to improve public access to groundwater information. By January 1, 2012, the board, in consultation with other relevant agencies, must report to the Legislature on communities dependent on contaminated groundwater for drinking. The report should identify main contaminants and suggest solutions and funding for cleanup or alternative water supplies. Before submitting the report, the board must allow public comments.
(a)CA Water Code § 10782(a) On or before June 1, 2009, the state board shall do both of the following:
(1)CA Water Code § 10782(a)(1) Identify and recommend to the Legislature funding options to extend, until January 1, 2024, the comprehensive monitoring program established in accordance with Section 10781.
(2)CA Water Code § 10782(a)(2) Make recommendations to enhance the public accessibility of information on groundwater conditions.
(b)CA Water Code § 10782(b) On or before January 1, 2012, the state board, in consultation with the State Department of Public Health, the Department of Water Resources, the Department of Pesticide Regulation, the Office of Environmental Health Hazard Assessment, and any other agencies as appropriate, shall submit to the Legislature a report that does all of the following:
(1)CA Water Code § 10782(b)(1) Identifies communities that rely on contaminated groundwater as a primary source of drinking water.
(2)CA Water Code § 10782(b)(2) Identifies in the groundwater sources for the communities described in paragraph (1) the principal contaminants and other constituents of concern, as identified by the state board, affecting that groundwater and contamination levels.
(3)CA Water Code § 10782(b)(3) Identifies potential solutions and funding sources to clean up or treat groundwater or to provide alternative water supplies to ensure the provision of safe drinking water to communities identified in paragraph (1).
(c)CA Water Code § 10782(c) The state board shall provide an opportunity for public comment on the report required pursuant to subdivision (b), prior to finalizing the report and submitting it to the Legislature.
groundwater monitoring funding options public accessibility contaminated groundwater safe drinking water community reliance principal contaminants groundwater contamination levels alternative water supplies water cleanup solutions public health consultation Department of Water Resources Pesticide Regulation Environmental Health Assessment public comment opportunity
Section § 10782.3
This law requires the state board to use the resources it already has to run the program mentioned in this section. Additionally, it emphasizes that this program should not replace or interfere with any other programs that the state board is also required to run.
The state board shall use existing resources to carry out this part, and the operation of the program set forth in this part shall not supplant the operation of any other program required to be undertaken by the state board.
state board resources program operation existing resources supplant undertake programs program requirements state board responsibilities program management resource allocation program maintenance board duties state program execution program interference resource utilization program coordination
Section § 10783
This law emphasizes the importance of protecting California's groundwater, especially as a source of drinking water. It mandates that by July 2015, the state board must create model criteria for monitoring groundwater around oil and gas fields to check for any contamination from oil and gas well treatments. This monitoring can be done on an individual well basis or regionally. Stakeholders including the industry, environmental groups, and local governments will help shape these criteria. Important factors include determining what to monitor, how often, and ensuring public access to the data. By January 2016, regional monitoring programs should start, with a backup plan allowing individual well owners to conduct their own monitoring if necessary. Regular updates and reviews are also required to ensure effectiveness and compliance with federal standards. Groundwater data will be shared with a San Joaquin Valley educational institution for research purposes, and the criteria adoption process will include public participation.
(a)CA Water Code § 10783(a) The Legislature finds and declares that protecting the state’s groundwater for beneficial use, particularly sources and potential sources of drinking water, is of paramount concern.
(b)CA Water Code § 10783(b) The Legislature further finds and declares that strategic, scientifically based groundwater monitoring of the state’s oil and gas fields is critical to allaying the public’s concerns regarding well stimulation treatments of oil and gas wells.
(c)CA Water Code § 10783(c) On or before July 1, 2015, in order to assess the potential effects of well stimulation treatments, as defined in Article 3 (commencing with Section 3150) of Chapter 1 of Division 3 of the Public Resources Code, on the state’s groundwater resources in a systematic way,
the state board shall develop model groundwater monitoring criteria, to be implemented either on a well-by-well basis for a well subject to well stimulation treatment or on a regional scale. The model criteria shall address a range of spatial sampling scales from methods for conducting appropriate monitoring on individual oil and gas wells subject to a well stimulation treatment, to methods for conducting a regional groundwater monitoring program. The state board shall take into consideration the recommendations received pursuant to subdivision (d) and shall include in the model criteria, at a minimum, the components identified in subdivision (f). The state board shall prioritize monitoring of groundwater that is or has the potential to be a source of drinking water, but shall protect all waters designated for any beneficial use.
(d)CA Water Code § 10783(d) The state board, in consultation with the Department of Conservation,
Geologic Energy Management Division, shall seek the advice of experts on the design of the model groundwater monitoring criteria. The experts shall assess and make recommendations to the state board on the model criteria. These recommendations shall prioritize implementation of regional groundwater monitoring programs statewide, as warranted, based upon the prevalence of well stimulation treatments of oil and gas wells and groundwater suitable as a source of drinking water.
(e)CA Water Code § 10783(e) The state board shall also seek the advice of stakeholders representing the diverse interests of the oil- and gas-producing areas of the state. The stakeholders shall include the oil and gas industry, agriculture, environmental justice, and local government, among others, with regional representation commensurate with the intensity of oil and gas development in that area. The stakeholders shall also make recommendations to the
state board regarding the development and implementation of groundwater monitoring criteria, including priority locations for implementation.
(f)CA Water Code § 10783(f) The scope and nature of the model groundwater monitoring criteria shall include the determination of all of the following:
(1)CA Water Code § 10783(f)(1) An assessment of the areas to conduct groundwater quality monitoring and their appropriate boundaries.
(2)CA Water Code § 10783(f)(2) A list of the constituents to measure and assess water quality.
(3)CA Water Code § 10783(f)(3) The location, depth, and number of monitoring wells necessary to detect groundwater contamination at spatial scales ranging from an individual oil and gas well to a regional groundwater basin including one or more oil and gas fields.
(4)CA Water Code § 10783(f)(4) The
frequency and duration of the monitoring.
(5)CA Water Code § 10783(f)(5) A threshold criteria indicating a transition from well-by-well monitoring to a regional monitoring program.
(6)CA Water Code § 10783(f)(6) Data collection and reporting protocols.
(7)CA Water Code § 10783(f)(7) Public access to the collected data under paragraph (6).
(g)CA Water Code § 10783(g) Factors to consider in addressing subdivision (f) shall include, but are not limited to, all of the following:
(1)CA Water Code § 10783(g)(1) The existing quality and existing and potential use of the groundwater.
(2)CA Water Code § 10783(g)(2) Groundwater that is not a source of drinking water consistent with the United States Environmental Protection Agency’s definition of an Underground Source of Drinking Water as
containing less than 10,000 milligrams per liter total dissolved solids in groundwater (40 C.F.R. 144.3), including exempt aquifers pursuant to Section 146.4 of Title 40 of the Code of Federal Regulations.
(3)CA Water Code § 10783(g)(3) Proximity to human population, public water service wells, and private groundwater use, if known.
(4)CA Water Code § 10783(g)(4) The presence of existing oil and gas production fields, including the distribution, physical attributes, and operational status of oil and gas wells therein.
(5)CA Water Code § 10783(g)(5) Events, including well stimulation treatments and oil and gas well failures, among others, that have the potential to contaminate groundwater, appropriate monitoring to evaluate whether groundwater contamination can be attributable to a particular event, and any monitoring changes necessary if groundwater contamination is observed.
(h)Copy CA Water Code § 10783(h)
(1)Copy CA Water Code § 10783(h)(1) On or before January 1, 2016, the state board or appropriate regional board shall begin implementation of the regional groundwater monitoring programs based upon the model criteria developed under subdivision (c).
(2)CA Water Code § 10783(h)(2) In the absence of state implementation of a regional groundwater monitoring program, a well owner or operator may develop and implement an area-specific groundwater monitoring program, for the purpose of subparagraph (D) of paragraph (3) of subdivision (d) of Section 3160 of the Public Resources Code, based upon the model criteria developed under subdivision (c), subject to approval by the state or regional board, and that meets the requirements of this section.
(i)CA Water Code § 10783(i) The model criteria for either a well-by-well basis for a well subject to well stimulation treatment, or for a
regional groundwater monitoring program, shall be used to satisfy the permitting requirements for well stimulation treatments on oil and gas wells pursuant to Section 3160 of the Public Resources Code. The model criteria used on a well-by-well basis for a well subject to a well stimulation treatment shall be used where no regional groundwater monitoring plan approved by the state or regional board, if applicable, exists and has been implemented by either the state or regional board or the well owner or operator.
(j)CA Water Code § 10783(j) The model criteria shall accommodate monitoring where surface access is limited. Monitoring is not required for oil and gas wells where the wells do not penetrate groundwater of beneficial use, as determined by a regional water quality control board, or solely penetrate exempt aquifers pursuant to Section 146.4 of Title 40 of the Code of Federal Regulations.
(k)Copy CA Water Code § 10783(k)
(1)Copy CA Water Code § 10783(k)(1) The model criteria and groundwater monitoring programs shall be reviewed and updated periodically, as needed.
(2)CA Water Code § 10783(k)(2) The use of the United States Environmental Protection Agency’s definition of an Underground Source of Drinking Water as containing less than 10,000 milligrams per liter total dissolved solids in groundwater (40 C.F.R. 144.3) and whether exempt aquifers pursuant to Section 146.4 of Title 40 of the Code of Federal Regulations shall be subject to groundwater monitoring shall be reviewed by the state board through a public process on or before January 1, 2020.
(l)Copy CA Water Code § 10783(l)
(1)Copy CA Water Code § 10783(l)(1) All groundwater quality data collected pursuant to subparagraph (F) of paragraph (1) of subdivision (d) of Section 3160 of the Public Resources Code shall be submitted to the state board in an electronic format that is compatible with the state
board’s GeoTracker database, following the guidelines detailed in Chapter 30 (commencing with Section 3890) of Division 3 of Title 23 of the California Code of Regulations.
(2)CA Water Code § 10783(l)(2) A copy of the reported data under paragraph (1) shall be transferred by the state board to a public, nonprofit doctoral-degree-granting educational institution located in the San Joaquin Valley, administered pursuant to Section 9 of Article IX of the California Constitution, in order to form the basis of a comprehensive groundwater quality data repository to promote research, foster interinstitutional collaboration, and seek understanding of the numerous factors influencing the state’s groundwater.
(m)CA Water Code § 10783(m) The adoption of criteria required pursuant to this section is exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of
Title 2 of the Government Code). The adoption of criteria pursuant to this section shall instead be accomplished by means of a public process reasonably calculated to give those persons interested in their adoption an opportunity to be heard.
groundwater protection well stimulation treatment oil and gas monitoring model groundwater criteria drinking water sources regional monitoring programs stakeholder consultation public access to data well contamination detection monitoring frequency and duration drinking water standards GeoTracker database San Joaquin Valley research public participation in rulemaking EPA definition of drinking water
