Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 740 - WATER RECLAMATION AND REUSE REGULATION › Part I - Definitions and General Program Requirements › Section 9VAC25-740-50 - Exclusions and prohibitions

Current through Register Vol. 40, No. 24, July 15, 2024
A. Exclusions.
				  Exclusion from the requirements of this chapter does not relieve any owner of
				  the operations identified in this section of the responsibility to comply with
				  any other applicable federal, state, or local statutes, regulations, or
				  ordinances. The following are excluded from the requirements of this chapter:
1. Activities permitted by the Virginia
				  Department of Health (VDH), such as, but not limited to, septic tank drainfield
				  systems and other onsite sewage treatment and disposal systems, and water
				  treatment plant recycle flows. This exclusion does not apply to alternative
				  onsite sewage systems as defined in 12VAC5-613 (Regulations for Alternative
				  Onsite Sewage Systems) with an average daily sewage flow in excess of 1,000
				  gallons per day that are concurrently permitted by the department and VDH to
				  allow sewage reclamation and reuse in addition to onsite sewage treatment and
				  disposal.
2. Utilization of gray
				  water, harvested rainwater, or stormwater.
3. Nonpotable water produced and utilized
				  on-site by the same treatment works for facilities permitted through a VPDES or
				  VPA permit. This includes the use of nonpotable water at the treatment works
				  site for incidental landscape irrigation that is not identified as land
				  treatment defined in the Sewage Collection and Treatment Regulations
				  (9VAC25-790). The treatment works site shall include property that is either
				  contiguous to or in the immediate vicinity of the parcel of land upon which the
				  treatment works is located, provided such property is under common ownership or
				  management with the treatment works. This exclusion does not apply to
				  nonpotable water produced by treatment works authorized by the VPDES General
				  Permit for Domestic Sewage Discharges Less Than or Equal to 1,000 Gallons Per
				  Day (9VAC25-110).
4. Recycle flows
				  within a treatment works.
5.
				  Industrial effluents or other industrial water streams created prior to final
				  treatment and used for water re-circulation, recycle, or reuse systems located
				  on the same property as the industrial facility, provided:
a. The water used in these systems does not
				  contain or is not expected to contain pathogens or other constituents in
				  sufficient quantities and with a potential for human contact as may be harmful
				  to human health;
b. These systems
				  are closed or isolated to prevent worker contact with the water of the systems;
				  or
c. Other measures are in place,
				  including but not limited to, applicable federal and state occupational safety
				  and health standards and requirements, to adequately inform and protect
				  employees from pathogens or other constituents that may be harmful to human
				  health in the water to be re-circulated, recycled or reused at the
				  facility.
6. Land
				  treatment systems described in the Sewage Collection and Treatment Regulations
				  (9VAC25-790). Such use of wastewater effluent, either existing or proposed,
				  must be authorized by a VPA or VPDES permit and must be on land owned or under
				  the direct long-term control of the permittee.
7. Unintentional reuse.
8. Existing indirect nonpotable reuse
				  projects that as of January 29, 2014, are authorized by a VPDES permit to
				  discharge to surface waters of the state.
9. Existing indirect potable reuse projects
				  that upon October 1, 2008, are authorized by a VPDES permit to discharge to
				  surface waters of the state, and future expansions of these projects.
10. Direct injection of reclaimed water into
				  any underground aquifer authorized by EPA under the Safe Drinking Water Act,
				  Underground Injection Control Program (UIC), 40 CFR Part 144; or other
				  applicable federal and state laws and regulations.