Paredes

This appeal follows the trial court’s order granting summary judgment in favor of defendants County of Fresno and Fresno County Department of Health. We are asked to determine whether a county health officer has the duty to take action against operators of small public water systems, within the county’s boundaries, which are contaminated with DBCP above an “action level” of 1.0 parts per billion. We conclude the answer is a qualified “no.”

A local health officer acts for the Director of the State Department of Health Services (DHS). The director is empowered by the Legislature to set primary and secondary drinking water standards for enforcement purposes. The DHS does not employ the DBCP “action level” as an absolute, enforceable maximum safe drinking water standard. Accordingly, a county health officer lacks independent authority to take a conflicting course of action against operators of small public water systems which are contaminated with DBCP above the “action level.”

While the DBCP “action level” is not an enforceable standard, the state and the defendants, in the absence of a DBCP standard, are nevertheless taking action to monitor DBCP levels and notify all…