340-055-0016 General Requirements for Permitting the Use of Recycled Water (1) NPDES or WPCF permit. A wastewater treatment system owner may not provide any recycled water for use unless authorized by a NPDES or WPCF permit issued by the department pursuant to OAR chapter 340, division 045. (2) Recycled water use plan. (a) Except for use of recycled water authorized by a NPDES or WPCF permit, a wastewater treatment system owner may not provide any recycled water for distribution or use or both until a recycled water use plan meeting the requirements of OAR 340-055-0025 has been approved in writing by the department. Upon approval of the plan, the permittee must comply with the conditions of the plan. (b) Before approving or modifying any plan for the use of Class C, Class D, or nondisinfected recycled water, the department will submit the proposed plan to the Oregon Department of Human Services for comment. (c) For use of recycled water previously authorized under a NPDES or WPCF permit but without a department approved recycled water use plan, the wastewater treatment system owner must submit a recycled water use plan to the department within one year of the effective date of these rules. (3) Land application on land zoned exclusive farm use. A recycled water use plan will not be approved for the land application of recycled water on land zoned exclusive farm use until the requirements of ORS 215.213(1)(bb) and 215.283(1)(y) for recycled water are met. (4) Compliance with this division. When the rules of this division require a limitation or a condition or both that conflicts with a limitation or a condition or both in an existing permit, the existing permit controls until the permit is modified or renewed by the department. When the existing permit is modified or renewed, the permittee will be given a reasonable compliance schedule to achieve new requirements if necessary. (5) Additional permit limitations and conditions. The department may include additional permit limitations or conditions or both if it determines or has reason to believe additional requirements for the use of recycled water are necessary to protect public health or the environment or both. (6) Authorization of other recycled water uses. The department may authorize through a NPDES or WPCF permit a use of recycled water for a beneficial purpose not specified in this division. When the department considers the authorization, it may request information and include permit limitations or conditions or both necessary to assure protection of public health and the environment. The department will confer with the Oregon Department of Human Services before authorizing other uses of Class C, Class D, or nondisinfected recycled water under this section. (7) Setback distances. The department may consider and approve, on a case-by-case basis, a setback distance other than what is required in this division. For a reduced setback distance, it must be demonstrated to the department that public health and the environment will be adequately protected. The recycled water use plan must include any approved alternative setback distance. (8) Public outreach and sign posting. When the rules of this division require the posting of signs at a use area, the department may, on a case-by-case basis, approve an alternative method for public outreach where it considers the method will assure an equivalent degree of public protection. 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