Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 20.00 - Reclaimed Water Permit Program And Standards › Section 20.14 - Requirements for Privately Owned Reclaimed Water Systems

Current through Register 1525, July 5, 2024
(1) A person proposing a privately owned
			 reclaimed water system that requires a permit issued by the Department pursuant
			 to
			 314 CMR 20.00 is eligible for
			 said permit, provided that the applicant submits sufficient information with
			 the permit application to demonstrate to the Department's satisfaction that:
(a) A single entity comprised of all
			 stakeholders is responsible for the operation of the reclaimed water system in
			 compliance with
			 314 CMR 20.00 and the permit.
			 For purposes of this requirement, the term stakeholders shall include all
			 persons who propose to have their sewage treated by the reclaimed water system.
			 Stakeholders may also include any persons who propose to use, sell, distribute,
			 or offer for use, sale, or distribution the reclaimed water produced by the
			 reclaimed water system in accordance with
			 314 CMR 20.00.
(b) The entity will not change its
			 organizational structure, or sell, assign or transfer the reclaimed water
			 system, without the prior written approval of the Department.
(c) The entity owns or controls the land on
			 which the privately owned reclaimed water system is located and owns or
			 controls the land or has easements that provide access to said land, the
			 wastewater collection system, the reclaimed water distribution system and the
			 land ten feet on each side of the wastewater collection system and the
			 reclaimed water distribution system.
(d) If the privately owned wastewater
			 treatment facility treats wastewater generated by activities that are owned or
			 controlled by persons other than the single responsible entity, the applicant
			 shall also demonstrate that:
1. All
			 stakeholders share in the financial and operational responsibilities for
			 complying with the requirements of
			 314 CMR 20.00 and the
			 permit.
2. The entity responsible
			 for the operation of the reclaimed water system in accordance with
			 314 CMR 20.00 and the permit
			 shall have the authority to institute a user charge system sufficient to
			 generate adequate revenue and to enforce such assessments against users in a
			 manner equivalent to a municipal fee, tax or betterment assessment. The user
			 charge system may apply to users whose sewage is treated by reclaimed water
			 system for treatment and consumers who use, sell, distribute, or offer for use,
			 sale or distribution the effluent produced by the reclaimed water system as
			 reclaimed water in accordance with
			 314 CMR 20.00.
(e) In
lieu
of
			 making the demonstration required by 314 CMR 20.14(1)(a) through (d), an
			 applicant may identify all persons who own, control or have a substantial
			 interest in the reclaimed water system, any activity resulting in the discharge
			 of pollutants to the reclaimed water system, the land where the reclaimed water
			 system is located and the land where the reclaimed water is used.. In that
			 event, the Department may require that any party who owns or controls the
			 reclaimed water system, an activity resulting in the discharge of pollutants to
			 the reclaimed system, the land where the reclaimed water system is located,
			 and/or the land where the reclaimed water is used shall be a permittee who is
			 jointly and severally responsible for the operation of the reclaimed water
			 system in compliance with the permit and
			 314 CMR 20.00, if it
			 determines that including said person as a permittee is a necessary or
			 appropriate means of protecting the public health or the environment and/or
			 ensuring that the reclaimed water system operates in compliance with the permit
			 and
			 314 CMR 20.00.