Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 20.00 - Reclaimed Water Permit Program And Standards › Section 20.18 - General Permit Conditions

Current through Register 1525, July 5, 2024
(1) The following
			 reclaimed water system permits issued by the Department pursuant to
			 314 CMR 5.00 shall have the
			 general permit conditions set forth in 314 CMR 5.19: permits that authorize the
			 discharge of treated wastewater within a Zone II, Interim Wellhead Protection
			 Area, or Private Water Supply Area, and thus permit the use of reclaimed water
			 for aquifer recharge, and permits that authorize the use of reclaimed water for
			 irrigation by means of a subsurface soil absorption system approved by the
			 Department.
(2) All other reclaimed
			 water systems issued by the Department pursuant to
			 314 CMR 5.00 and all reclaimed
			 water system permits issued by the Department pursuant to
			 314 CMR 3.00,
			 314 CMR 20.00 shall have the
			 conditions set forth in 314 CMR 20.18(2)(a) through (p).
(a) Beginning on the effective date and
			 lasting through the expiration of the permit, the permittee is authorized to
			 use, sell, distribute, and offer for use, sale, or distribution reclaimed water
			 only in accordance with the permit,
			 314 CMR 20.00, the
			 Massachusetts Uniform Plumbing Code,
			 248
			 CMR 10.00, and a Reuse Management Plan approved by the
			 Department.
(b) The use, sale,
			 distribution, or offering for use, sale, or distribution of reclaimed water
			 other than as expressly authorized by the permit,
			 314 CMR 20.00, and a Reuse
			 Management Plan approved by the Department, is prohibited.
(c) The permittee shall at all times operate
			 and maintain the facilities used to produce, and/or distribute reclaimed water
			 in accordance with the permit,
			 314 CMR 20.00, the approved
			 Operations and Maintenance Plan, the approved Reuse Management Plan,
			 314 CMR 12.00,
			 257 CMR 2.00, and
			 314 CMR 20.00.
(d) In the event that the permittee proposes
			 to reuse reclaimed water for a use at a reuse site, by a person, or for a
			 purpose that is not identified in the approved Reuse Management Plan, and/or
			 not authorized by this permit, the permittee shall notify the Department in
			 writing of the proposed change and request modification of the permit. The
			 permittee shall not commence the proposed use unless and until the permit has
			 been modified and the use has been approved by the Department in
			 writing.
(e) The permittee shall
			 give prior notice to the Department as soon as possible of any planned physical
			 alterations or additions to the treatment works or any activity that could
			 significantly change the nature or increase the quantity of pollutants in the
			 reclaimed water. The permittee shall not make the proposed alteration, or
			 construct the proposed addition, unless and until it is approved in writing by
			 the Department.
(f) The permittee
			 shall notify the Department of any non-compliance with the requirements of
			 314 CMR 20.00 that may
			 endanger the public health or the environment within 24 hours from the time
			 that the permittee became aware of the noncompliance. Said notice may be oral
			 or by facsimile or email. A written submission shall also be submitted to the
			 Department within five days of the time that the permittee became aware of the
			 non-compliance. The written submission shall contain a description of the
			 non-compliance, including exact dates and times, and, if the non-compliance has
			 not been corrected, the anticipated time it is expected to continue and the
			 steps taken or planned to reduce, eliminate, and prevent recurrence of the
			 noncompliance.
(g) The permittee
			 shall allow the Department and its authorized representatives to enter upon the
			 permittee's premises where an activity related to the production, use, sale, or
			 distribution of the reclaimed water is located or conducted or where records
			 required by the permit are kept. The Department shall have access to inspect
			 and copy at reasonable times any records that must be kept by the permittee
			 under the conditions of the permit, inspect at reasonable times any facilities,
			 equipment, practices or operations regulated or required under the permit, and
			 sample or monitor the reclaimed water at reasonable times for the purpose of
			 determining compliance with the terms and conditions of the permit.
(h) There shall be no bypassing of untreated
			 or partially treated wastewater to the reclaimed water distribution system or
			 to any reuse site at any time. The reclaimed water produced by the reclaimed
			 water system shall at all times meet the requirements of its classification and
			 use, including, without limitation, the requirements set forth in
			 314 CMR
			 20.17. Reclaimed water that does not meet the
			 requirements of its classification and use shall be diverted from the reclaimed
			 water distribution system to an alternate discharge location, to a sewer system
			 with a discharge at another location, or to storage facilities and managed in
			 accordance with all applicable regulations.
(i) The permittee shall notify the Department
			 by telephone, facsimile or email in accordance with 314 CMR 20.18(2)(f) within
			 24 hours of any time that the permittee discovers that the reclaimed water does
			 not meet the requirements of its classification and use. Reclaimed water not
			 meeting the requirements of its classification and use shall not be discharged
			 to the reclaimed water distribution system or to any reuse site without the
			 prior approval of the Department.
(j) At each reuse site, the public shall be
			 notified that reclaimed water is being used and that the reclaimed water is not
			 safe for drinking. This notification shall include the posting of signs of
			 sufficient size to be clearly read at all reuse sites. For any reuse site that
			 is under the direct control of the permittee, the permittee shall provide the
			 required notice. For any reuse site not under the direct control of the
			 permittee, this requirement shall be expressly included in a Service and Use
			 Agreement. The Service and Use Agreement shall provide that the permittee shall
			 enforce this requirement and that the Department has authority under
			 314 CMR 20.00 to enforce this
			 requirement.
(k) The permittee
			 shall develop and implement a cross connection control inspection and testing
			 program that contains all the components of a cross connection program
			 established pursuant to
			 310 CMR
			 22.22 and that ensures compliance with the
			 Massachusetts Uniform Plumbing Code,
			 248
			 CMR 10.00, at each reuse site. A registered cross
			 connection prevention device or cross connection control method that meets the
			 requirements of
			 310 CMR
			 22.22 and the Massachusetts Uniform Plumbing
			 Code,
			 248
			 CMR 10.00, shall be provided at all potable water
			 system connections, and all connections to pipes conveying water for drinking,
			 domestic and culinary purposes that are located at reuse sites.
(l) The permittee shall not distribute
			 reclaimed water to a person, or offer reclaimed water for use, sale or
			 distribution by another person, without a Service and Use Agreement between
			 said person and the permittee that has been approved by the Department in
			 writing. The permittee shall not distribute reclaimed water to a satellite
			 reclaimed water system for further distribution by that system unless there is
			 a Service and Use Agreement approved by the Department in writing between the
			 owner of the satellite reclaimed water system and each user of the reclaimed
			 water. The permittee shall submit all required Service and Use Agreements to
			 the Department for its review and approval before they are signed.
(m)
Duty to
			 Mitigate
. The permittee shall take all reasonable steps to
			 minimize or prevent any adverse impact on human health or the environment
			 resulting from non-compliance with the permit or
			 314 CMR 20.00.
(n)
Duty to Halt or Reduce
			 Activity
. Upon reduction, loss or failure of a component of the
			 treatment works, the permittee shall control the production, use, sale and
			 distribution of reclaimed water to the extent necessary to maintain compliance
			 with its permit, the approved Reuse Management Plan and
			 314 CMR 20.00, until the
			 affected component is restored or an alternative component is provided. It
			 shall not be a defense to an enforcement action for a permittee to maintain
			 that it would have been necessary to halt or reduce the permitted activity in
			 order to maintain compliance with a condition of the permit, the approved Reuse
			 Management Plan, and
			 314 CMR 20.00.
(o)
Power Failure
.
			 In order to maintain compliance with all the terms and conditions of the
			 permit, the permittee shall provide an alternative power source sufficient to
			 operate the entire treatment works. In the event of the failure of the
			 alternative power source, the permittee shall halt, reduce or otherwise control
			 the production, use, sale or distribution of the reclaimed water upon the
			 reduction, loss or failure of the primary source of power to the treatment
			 works or any component thereof.
(p)
			 Reclaimed water may not be used in a manner that will cause or contribute to a
			 violation of the Massachusetts Surface Water Quality Standards or cause the
			 water quality of any public or private water supply to violate the standards
			 set forth in the Drinking Water Regulations of Massachusetts,
			 310 CMR
			 22.00.