Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 20.00 - Reclaimed Water Permit Program And Standards › Section 20.03 - Permit Requirements for Reclaimed Water Systems

Current through Register 1525, July 5, 2024
(1) Except as otherwise provided in 314 CMR
			 20.03 and
			 20.07,
			 no person shall construct, install, modify, operate or maintain a reclaimed
			 water system and use, sell, distribute or offer for use, sale or distribution
			 the reclaimed water produced by said system, without a currently valid permit
			 issued by the Department pursuant to
			 314 CMR 3.00,
			 314 CMR 5.00 or
			 314 CMR 20.00 and a Reuse
			 Management Plan approved by the Department. The construction, installation,
			 operation, and maintenance of a treatment works that treats wastewater so that
			 the it may be discharged to the ground in accordance with
			 314 CMR 5.00 and/or used as
			 reclaimed water requires a permit issued by the Department pursuant to
			 314 CMR 5.00. The
			 construction, installation, operation and maintenance of a treatment works that
			 treats wastewater so that it may be discharged to a surface water in accordance
			 with
			 314 CMR 3.00 and/or used as
			 reclaimed water requires a permit issued by the Department pursuant to
			 314 CMR 3.00. All other
			 treatment works that treat wastewater so that it may be used as reclaimed water
			 require a permit issued by the Department pursuant to
			 314 CMR 20.00. Any person who
			 proposes to construct, install, modify, operate, or maintain a reclaimed water
			 system and use, sell, distribute or offer for use, sale or distribution the
			 reclaimed water produced by said system may obtain a permit by submitting a
			 Reuse Management Plan and the appropriate forms, in accordance with
			 314 CMR
			 2.00 and 314, CMR 3.00,
			 314 CMR 5.00, or
			 314 CMR 20.00, whichever is
			 applicable. If the applicant proposes to sell or distribute the reclaimed water
			 for use by other parties or offer the reclaimed water for use, sale, or
			 distribution by other parties, the application shall include a Service and Use
			 Agreement. The application shall also include all information required by
			 314
			 CMR 20.11 through
			 314
			 CMR 20.15.
(2) A Reuse Management Plan is a plan that
			 includes a description of the proposed reclaimed water volume, the proposed
			 class of the reclaimed water, a description of the reclaimed water distribution
			 system, and the location of each reuse site. For each reuse site, the Reuse
			 Management Plan shall specify the party responsible for managing the use, the
			 proposed reuse volume, the nature of the proposed reuse, and the means by which
			 the reclaimed water will be distributed and used. For each reuse site, the
			 Reuse Management Plan shall also describe the procedures for ensuring
			 compliance with all applicable requirements of
			 314 CMR 20.00 and the
			 Massachusetts Uniform Plumbing Code,
			 248
			 CMR 10.00, including, without limitation, the
			 procedures for informing the public that reclaimed water is being used as
			 provided in
			 314 CMR
			 20.04. The Reuse Management Plan shall also
			 describe the procedures for implementing at each reuse site 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. The Reuse Management
			 Plan shall also detail the procedures for ensuring that 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, be provided at all potable water system
			 connections and all connections to pipes conveying water used for drinking,
			 domestic, or culinary purposes that are located at reuse sites.
(3) A Service and Use Agreement is an
			 agreement between the entity or person who has a reclaimed water system permit
			 issued by the Department pursuant to
			 314 CMR 20.00,
			 314 CMR 3.00, or
			 314 CMR 5.00 and any other
			 entity or person(s) who use, sell, distribute or offer for use, sale or
			 distribution the reclaimed water produced by said system. The Service and Use
			 Agreement shall identify the class of the reclaimed water, the use of the
			 reclaimed water, and the reuse site(s). The Service and Use Agreement shall
			 provide that the use of the reclaimed water shall comply with
			 314 CMR 20.00, the relevant
			 provisions of the applicable permit, the approved Reuse Management Plan and the
			 Massachusetts Uniform Plumbing Code
			 248
			 CMR 10.00. The Service and Use Agreement shall further
			 provide that all equipment required for the use and/or distribution of the
			 reclaimed water shall be properly operated and maintained. The Service and Use
			 Agreement shall include a condition granting the permittee and the Department
			 the right to inspect any area where reclaimed water is being used, for the
			 purpose of assessing compliance with
			 314 CMR 20.00. Except as
			 otherwise determined by the Department for industrial uses of reclaimed water
			 where there is no risk of human exposure, the Service and Use Agreement shall
			 provide for the termination of the use and/or distribution of the reclaimed
			 water, if the reclaimed water is used and/or distributed in a manner that
			 violates
			 314 CMR 20.00, the permit, or
			 the approved Reuse Management Plan. The Service and Use Agreement shall require
			 that the public at each reuse site be notified in accordance with
			 314 CMR
			 20.04 that reclaimed water is being used and
			 that a cross connection control 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, be installed and maintained at all potable
			 water system connections and all connections to pipes conveying water for
			 drinking, domestic, and culinary purposes that are located at each reuse
			 site.
(4) Notwithstanding the
			 provisions of 314 CMR 20.03(1), a person may discharge reclaimed water within a
			 Zone II, Interim Wellhead Protection Area or a Private Water Supply Area in
			 accordance with
			 314 CMR 5.00 and a ground
			 water discharge permit issued by the Department, and thereby use reclaimed
			 water to recharge an aquifer, without a Reuse Management Plan approved by the
			 Department.
(5) Notwithstanding the
			 provisions of 314 CMR 20.03(1), a person may use reclaimed water for irrigation
			 by means of a subsurface soil absorption system approved by the Department in
			 accordance with
			 314 CMR 5.00 and a ground
			 water discharge permit issued by the Department, without a Reuse Management
			 Plan approved by the Department.
(6) Except as provided in 314 CMR 20.03(6)(a)
			 and (b), all permits issued by the Department pursuant to
			 314 CMR 3.00,
			 314 CMR 5.00 or
			 314 CMR 20.00, authorizing
			 the construction, installation, modification, operation and maintenance of a
			 reclaimed water system and the use, sale, distribution or offering for use,
			 sale or distribution of the reclaimed water system shall establish requirements
			 for the treatment, distribution, and/or use of the reclaimed water in
			 accordance with
			 314 CMR 20.00 including,
			 without limitation, the conditions set forth in
			 314 CMR
			 20.18 and
			 314
			 CMR 20.19.
(a) The Department may renew a ground water
			 discharge permit issued by the Department that authorized a reclaimed water
			 system prior to March 20, 2009. Such renewal permit may have requirements for
			 the operation and maintenance of the reclaimed water system, and the treatment,
			 use, sale, or distribution of the reclaimed water produced by said system,
			 and/or the offering of said reclaimed water for use, sale or distribution based
			 on the Department's Interim Guidelines on Reclaimed Water effective January 3,
			 2000, rather than
			 314 CMR 20.00. The Department
			 may modify any ground water discharge permit that has requirements based on the
			 Department's Interim Guidelines on Reclaimed Water to include additional
			 conditions in accordance with
			 314 CMR 20.00 and/or
			 314 CMR 5.00 when the ground
			 water discharge permit is renewed or at any other time that the Department
			 determines such additional conditions are necessary for the protection of the
			 public health or the environment.
(b) A reclaimed water system that was
			 authorized in writing by the Department by means other than a ground water
			 discharge permit may have requirements for the operation and maintenance of the
			 reclaimed water system, and the treatment, use, sale, or distribution of the
			 reclaimed water produced by said system and/or the offering of said reclaimed
			 water for use, sale or distribution based on the Department's written
			 authorization. On or before September 20, 2009, the person operating the
			 reclaimed water system shall apply for a reclaimed water system permit in
			 accordance with 314 CMR 20.03. In response to this application, the Department
			 may issue a permit that has requirements for the operation and maintenance of
			 the reclaimed water system, and the treatment, use, sale, or distribution of
			 the reclaimed water produced by said system and/or the offering of said
			 reclaimed water for use, sale or distribution based on the Department's written
			 authorization. The Department may modify any reclaimed water system permit that
			 has requirements based on the Department's authorization issued prior to the
			 effective date of the regulations to include additional conditions in
			 accordance with
			 314 CMR 20.00 when the
			 reclaimed water system permit is renewed or at any other time, that the
			 Department determines such additional conditions are necessary for the
			 protection of the public health or the environment.