340-055-0017 Treatment and Use of Recycled Water (1) Alternative treatment process. The department may approve in writing an alternative wastewater treatment process not specified in the rules of this division if it is demonstrated that the treatment is equivalent to and can achieve the recycled water criteria required for a specific beneficial purpose. (2) Additional treatment. A person using recycled water from a wastewater treatment system may provide additional treatment for a different class of recycled water that is identified in this division. The wastewater treatment system owner providing the additional treatment is subject to the rules of this division and must have a NPDES or WPCF permit issued by the department. (3) Blending recycled water. The department may approve on a case-by-case basis blending recycled water with other water if proposed by a wastewater treatment system owner. Before blending recycled water, the owner must obtain written authorization from the department. In obtaining authorization, the wastewater treatment system owner must submit to the department, at a minimum the following: (a) An operations plan, (b) A description of any additional treatment process, (c) A description of blending volumes, and (d) A range of final recycled water quality at the compliance point identified in the NPDES or WPCF permit. (4) Water right. The rules of this division do not create a water right under ORS chapters 536, 537, 539 or 540. A person must contact the Oregon Water Resources Department to determine water right requirements for the use of recycled water. (5) Prohibited use for human consumption. The use of recycled water for direct human consumption, regardless of the treatment class, is prohibited unless approved in writing by the Oregon Department of Human Services, and after public hearing, and it is so authorized by the Environmental Quality Commission. (6) Prohibited use for a public pool. The use of recycled water as a source of supply for a public pool, spa, or bathhouse is prohibited unless authorized in writing by the department and with written approval from the Oregon Department of Human Services. Public pools are subject to the requirements of ORS 448 and the Oregon Department of Human Services administrative rules. (7) Transporting recycled water. A vehicle used to transport or distribute recycled water must not be used to transport water for human consumption, unless authorized in writing by the department. The vehicle must be clearly identified with the words “nonpotable water” written in letters at least six inches high and displayed on each side and rear of the vehicle unless otherwise authorized by the department. (8) Impoundments. Constructed landscape, and restricted and nonrestricted recreational impoundments approved for use under the rules of this division are not considered waters of the state for water quality purposes. Impoundments used for wastewater treatment are subject to ORS 215.213 and 215.283. (9) Wetlands. (a) The term “waters of the state” as provided in OAR 340-055-0012(18) includes, but is not limited to, the following wetlands and discharge to any of these wetlands requires a NPDES permit issued by the Department pursuant to OAR chapter 340, division 45: (A) Enhanced or restored wetlands; (B) Existing natural wetlands; and (C) Wetlands created as mitigation for loss of wetlands under the Clean Water Act, Section 404. (b) Wetlands constructed on non-wetland sites and managed for wastewater treatment are exempt from the rules of this division and are not considered waters of the state for water quality purposes. Statutory/Other Authority: ORS 468.020, 468.705 & 468.710 Statutes/Other Implemented: ORS 468B.030 & 468B.050 History: Renumbered from 340-055-0015, DEQ 6-2008, f. & cert. ef. 5-5-08 DEQ 32-1990, f. & cert. ef. 8-15-90