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 9VAC25-740-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter
					 shall have the following meanings unless the context clearly indicates
					 otherwise.
"Beneficial use" means both instream and offstream uses.
					 Instream beneficial uses include, but are not limited to, the protection of
					 fish and wildlife resources and habitat, maintenance of waste assimilation,
					 recreation, navigation, and cultural and aesthetic values. The preservation of
					 instream flows for purposes of the protection of navigation, maintenance of
					 waste assimilation capacity, the protection of fish and wildlife resources and
					 habitat, recreation, cultural and aesthetic values is an instream beneficial
					 use of Virginia's waters. Offstream beneficial uses include, but are not
					 limited to, domestic (including public water supply), agricultural, electric
					 power generation, commercial, and industrial uses.
"Biological nutrient removal" or "BNR" means treatment that
					 achieves annual average concentrations less than or equal to 8.0 mg/l total
					 nitrogen (N) and 1.0 mg/l total phosphorus (P).
"Board" means the State Water Control Board. When used
					 outside the context of the promulgation of regulations, including regulations
					 to establish general permits, "board" means the Department of Environmental
					 Quality.
"Bulk irrigation reuse" means reuse of reclaimed water for
					 irrigation of an area greater than five acres on one contiguous
					 property.
"Conjunctive system" means a system consisting of a
					 wastewater treatment works and reclamation system having no or minimal
					 separation of treatment processes between the treatment works and the
					 reclamation system.
"Controlled use" means a use of reclaimed water authorized
					 in accordance with this chapter.
"Corrective action threshold" or "CAT" means a bacterial,
					 turbidity, or total residual chlorine standard for reclaimed water at which
					 measures shall be implemented to correct operational problems of the
					 reclamation system within a specified period, or divert flow from the
					 reclamation treatment process in accordance with this chapter.
"Department" means the Department of Environmental
					 Quality.
"Design flow" means the capacity at which a treatment works
					 is designed to reliably treat an average 24-hour influent flow rate, assessed
					 over a period of a month for all months of operation within a year, including
					 appropriate peak factors provided to meet applicable reliability and redundancy
					 requirements. The average 24-hour influent flow rate shall be based on
					 projected estimates of influent flow to be received by the treatment
					 works.
"Designated design flow" means the design flow of a
					 reclamation system that may be some percentage of or equal to the design flow
					 of a treatment works providing source water to the reclamation system to
					 produce reclaimed water.
"Direct beneficial use" means the use of reclaimed water in
					 a manner protective of the environment and public health that involves
					 transport of the reclaimed water from the point of reclamation treatment and
					 production to the point of use without an intervening discharge to waters of
					 the state.
"Direct injection" means the discharge of reclaimed water
					 directly into groundwater.
"Direct potable reuse" means the discharge of reclaimed
					 water directly into a drinking water treatment facility or into a drinking
					 water distribution system. This includes storage facilities associated with the
					 drinking water treatment facility or drinking water distribution system that
					 are not surface or ground waters of the state.
"Director" means the Director of the Department of
					 Environmental Quality or an authorized representative.
"Disinfection" means the destruction, inactivation, or
					 removal of pathogenic microorganisms by chemical, physical, or biological
					 means. Disinfection may be accomplished by chlorination, ozonation, or other
					 chemical disinfectants; UV radiation; or other processes.
"Disposal" means the discharge of effluent to injection
					 wells, effluent outfalls, subsurface drain fields, or other facilities utilized
					 primarily for the release of effluents into the environment without deriving a
					 direct beneficial use.
"Domestic sewage" means sewage derived from the normal
					 family or household activities, including drinking, laundering, bathing,
					 cooking, heating, cleaning and flushing toilets.
"Drip irrigation" means the slow and uniform above-ground
					 application of water to individual plants and vegetated cover using tubing and
					 drip devices or emitters. Drip irrigation may include below-ground applications
					 of reclaimed water as specified in
					 9VAC25-740-90
					 B.
"Effluent," unless specifically stated otherwise, means
					 treated wastewater that is not reused after flowing out of any treatment
					 works.
"End user" means a person or entity that directly uses
					 reclaimed water.
"Filtration" means the passing of wastewater through a
					 conventional technology, such as sand, anthracite or cloth; or an advanced
					 technology, such as microfiltration, ultrafiltration, nanofiltration or reverse
					 osmosis membrane.
"Food crops commercially processed" means food crops that,
					 prior to sale to the public or others, have undergone chemical or physical
					 processing sufficient to remove or destroy pathogens.
"Food crops not commercially processed" means food crops
					 that, prior to sale to the public or others, have not undergone chemical or
					 physical processing sufficient to remove or destroy pathogens.
"Gray water" means untreated wastewater from bathtubs,
					 showers, lavatory fixtures, wash basins, washing machines, and laundry tubs. It
					 does not include wastewater from toilets, urinals, kitchen sinks, dishwashers,
					 or laundry water from soiled diapers.
"Groundwater" means any water, except capillary moisture,
					 beneath the land surface in the zone of saturation or beneath the bed of any
					 stream, lake, reservoir or other body of surface water wholly or partially
					 within the boundaries of this Commonwealth, whatever the subsurface geologic
					 structure in which such water stands, flows, percolates or otherwise
					 occurs.
"Harvested rainwater" means rainwater that has been
					 collected off of a rooftop through a system that concentrates the rooftop flow
					 and conveys this to a storage device, container, or vessel with the intention
					 of using this water before discharge to waterways via sanitary sewer systems,
					 septic tank or other onsite treatment and disposal systems, or a land based
					 discharge.
"Indirect nonpotable reuse" means the discharge of
					 reclaimed water to a receiving surface water for the purpose of intentionally
					 augmenting a water source, followed by withdrawal from the water source with or
					 without mixing and transport to the withdrawal location, for reuse or
					 distribution for reuse other than indirect potable reuse.
"Indirect potable reuse" or "IPR" means the discharge of
					 reclaimed water to a receiving surface water for the purpose of intentionally
					 augmenting a water supply source, with subsequent withdrawal after mixing with
					 the ambient surface water and transport to the withdrawal location, followed by
					 treatment and distribution for drinking water and other potable water
					 purposes.
"Industrial wastewater" means wastewater resulting from any
					 process of industry, manufacture, trade or business, or from the development of
					 any natural resources.
"Irrigation" means the application of water to land for
					 plant use at a rate that undesirable plant water stress does not occur.
"Landscape impoundment" means a body of water that contains
					 reclaimed water, is not intended for public contact, and is used primarily for
					 aesthetic enjoyment. Landscape impoundments include, but are not limited to,
					 decorative pools, fountains, ponds and lagoons; located outdoors or
					 indoors.
"Level 1" means a degree of treatment at which reclaimed
					 water has received, at a minimum, secondary treatment with filtration and
					 higher-level disinfection, and meets all other applicable standards specified
					 in
					 9VAC25-740-70.
"Level 2" means a degree of treatment at which reclaimed
					 water has received, at a minimum, secondary treatment and standard
					 disinfection, and meets all other applicable standards specified in
					 9VAC25-740-70.
"Municipal wastewater" means sewage.
"Nonbulk irrigation reuse" means the reuse of reclaimed
					 water for irrigation of individual areas less than or equal to five
					 acres.
"Nonpotable water" means any water, including reclaimed
					 water, not meeting the definition of potable water.
"Nonsystem storage" means storage for reclaimed water that
					 is other than system storage and is used at a location downstream of the
					 service connection to the reclaimed water distribution system to equalize flow
					 to end users.
"Nutrient management plan" or "NMP" means a plan prepared
					 by a nutrient management planner certified by the Department of Conservation
					 and Recreation to manage the amount, placement, timing, and application of
					 plant nutrients from liquid, solid or semisolid manures, fertilizers,
					 biosolids, or other materials, for the purpose of producing crops and reducing
					 nutrient loss to the environment.
"Owner" means the Commonwealth or any of its political
					 subdivisions including, but not limited to, sanitation district commissions and
					 authorities, and any public or private institution, corporation, association,
					 firm or company organized or existing under the laws of this or any other state
					 or country, or any officer or agency of the United States, or any person or
					 group of persons acting individually or as a group that owns, operates,
					 charters, rents, or otherwise exercises control over or is responsible for the
					 production or distribution of reclaimed water, or any facility or operation
					 that produces or distributes reclaimed water.
"Permit" means an authorization, certificate, license, or
					 equivalent control document issued by the department to implement the
					 requirements of this chapter.
"Point of compliance" or "POC" means a point at which
					 compliance with the standards of this chapter is required.
"Pollutants of concern" means any pollutants that might
					 reasonably be expected to be discharged to a publicly or privately owned
					 treatment works in sufficient amounts to pass through or interfere with the
					 works, contaminate sludge generated by the works, cause problems in the
					 collection system of the works, or jeopardize the health of employees at the
					 works and the public.
"Potable water" means water fit for human consumption and
					 domestic use that is sanitary and normally free of minerals, organic
					 substances, and toxic agents in excess of reasonable amounts for domestic usage
					 in the area served and normally adequate in quantity and quality for the
					 minimum health requirements of the persons served.
"Public access area" means an area that is intended to be
					 accessible to the general public, such as golf courses, cemeteries, parks,
					 athletic fields, school yards, and landscape areas. Public access areas include
					 private property that is not open to the public at large, but is intended for
					 frequent use by many persons. Presence of authorized farm personnel or other
					 authorized treatment plant, utilities system, or reuse system personnel does
					 not constitute public access.
"Reclaimed water" means water resulting from the treatment
					 of domestic, municipal or industrial wastewater that is suitable for a water
					 reuse that would not otherwise occur. Specifically excluded from this
					 definition is "gray water." For the purposes of this chapter, "harvested
					 rainwater" and "stormwater" are also excluded from this definition.
"Reclaimed water agent" means a person or entity that holds
					 a permit to distribute reclaimed water to one or more end users.
"Reclaimed water distribution system" means a network of
					 pipes, pumping facilities, storage facilities, and appurtenances designed to
					 convey and distribute reclaimed water from one or more reclamation systems to
					 end uses.
"Reclamation" means the treatment of domestic, municipal,
					 or industrial wastewater or sewage to produce reclaimed water for a water reuse
					 that would not otherwise occur.
"Reclamation system" means a treatment works that treats
					 domestic, municipal, or industrial wastewater or sewage to produce reclaimed
					 water for a water reuse that would not otherwise occur.
"Reject water storage" means storage for water diverted by
					 a reclamation system or satellite reclamation system that does not meet
					 applicable reclaimed water standards.
"Reliability Class I" means a measure of reliability that
					 requires a treatment works design to provide continuous satisfactory operation
					 during power failures, flooding, peak loads, equipment failure, and maintenance
					 shut-down. This class includes design features, such as additional electrical
					 power sources, additional flow storage capacity, and additional treatment units
					 that provide operation in accordance with the issued certificate or permit
					 requirements. The definition of Reliability Class I contained in this chapter
					 is in addition to but does not supersede the definition of Reliability Class I
					 contained in the Sewage Collection and Treatment Regulations
					 (9VAC25-790).
"Reuse" or "water reuse" means the use of reclaimed water
					 for a direct beneficial use, an indirect potable reuse, an indirect nonpotable
					 reuse, or a controlled use in accordance with this chapter.
"Reuse system" means an installation or method of operation
					 that uses reclaimed water for a water reuse in accordance with this
					 chapter.
"Restricted access" means limited access by humans to areas
					 where nonpotable water, including reclaimed water, is used, resulting in
					 minimal or no potential for human contact.
"Satellite reclamation system" or "SRS" means a conjunctive
					 system that operates within or parallel to a sewage collection system to treat
					 a portion of the available wastewater flow in the collection system to produce
					 reclaimed water for reuse. Satellite reclamation systems do not have a
					 discharge to surface waters, but may return their treatment process wastewater
					 and residuals to the sewage collection system.
"Secondary treatment" means a biological treatment process
					 for wastewater that achieves the minimum level of effluent quality defined by
					 the federal secondary treatment regulation in
					 40 CFR
					 133.102 (2001).
"Service area" means a geographic area that receives
					 reclaimed water from a reclaimed water distribution system or directly from a
					 reclamation system for approved reuses within that area.
"Sewage" means the water-carried human wastes and
					 nonwater-carried human excrement, kitchen, laundry, shower, bath or lavatory
					 wastes, separately or together with such underground, surface, storm and other
					 water and liquid industrial wastes as may be present from residences,
					 buildings, vehicles, industrial establishments or other places.
"Significant industrial user" or "SIU" shall have the
					 meaning set forth in the VPDES Permit Regulation (9VAC25-31-10).
"Source water" means untreated or partially treated
					 wastewater supplied for reclamation.
"State waters" or "waters of the state" means all water, on
					 the surface and under the ground, wholly or partially within or bordering the
					 Commonwealth or within its jurisdiction, including wetlands.
"State Water Control Law" or "Law" means Chapter 3.1
					 (§ 62.1-44.2 et seq.) of Title 62.1 of the Code of Virginia.
"Stormwater" means precipitation that is discharged across
					 the land surface or through conveyances to one or more waterways and that may
					 include stormwater runoff, snow melt runoff, and surface runoff and
					 drainage.
"Supplemental irrigation" means irrigation, which in
					 combination with rainfall, meets but does not exceed the water necessary to
					 maximize production or optimize growth of the irrigated vegetation.
"Surface waters" means all waters in the Commonwealth,
					 except groundwater as defined in § 62.1-255 of the Code of
					 Virginia.
"System storage" means storage on or off the site and
					 considered part of a reclamation system, SRS, or reclaimed water distribution
					 system that is used to store reclaimed water produced by the reclamation system
					 or SRS and to equalize flow to or within a reclaimed water distribution
					 system.
"Total maximum daily load" or "TMDL" shall have the meaning
					 set forth in the Water Quality Management Planning Regulation
					 (9VAC25-720).
"Treatment works" means any devices and systems used for
					 the storage, treatment, recycling or reclamation of sewage or liquid industrial
					 waste, or other waste, or that are necessary to recycle or reuse water,
					 including intercepting sewers, outfall sewers, sewage collection systems,
					 individual systems, pumping, power and other equipment and their appurtenances,
					 extensions, improvements, remodeling, additions, or alterations thereof; or any
					 works, including land that will be an integral part of the treatment process or
					 is used for ultimate disposal of residues resulting from such treatment; or any
					 other method or system used for preventing, abating, reducing, storing,
					 treating, separating, or disposing of municipal waste or industrial waste,
					 including waste in combined sewer water and sanitary sewer systems.
"Underground aquifer" means an aquifer or portion of an
					 aquifer that supplies any public water system or that contains a sufficient
					 quantity of groundwater to supply a public water system, and currently supplies
					 drinking water for human consumption, or that contains fewer than 10,000 mg/l
					 total dissolved solids and is not an exempted aquifer.
"Unintentional reuse" means the unintentional or unplanned
					 use of reclaimed water subsequent to discharge to surface waters of the state,
					 including wetlands, pursuant to a VPDES permit.
"Unrestricted access" means unlimited or minimally limited
					 access by humans to areas where nonpotable water, including reclaimed water, is
					 used, resulting in a high potential for human contact.
"User" means end user.
"Virginia Pollution Abatement permit" or "VPA permit" means
					 a document issued by the department, pursuant to the Virginia Pollution
					 Abatement (VPA) Permit Regulation (9VAC25-32), authorizing pollutant management
					 activities under prescribed conditions.
"Virginia Pollutant Discharge Elimination System permit" or
					 "VPDES permit" means a document issued by the department, pursuant to the
					 Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulation
					 (9VAC25-31), authorizing, under prescribed conditions the potential or actual
					 discharge of pollutants from a point source to surface waters and the use or
					 disposal of sewage sludge. Under the approved state program, a VPDES permit is
					 equivalent to an NPDES permit.
"Wastewater" means untreated liquid and water-carried
					 industrial wastes and domestic sewage from residential dwellings, commercial
					 buildings, industrial and manufacturing facilities and institutions.
"Water reclamation" means the reclamation of wastewater or
					 treated effluent for reuse.
"Waterworks" means a system that serves piped water for
					 drinking or domestic use to (i) the public, (ii) at least 15 connections, or
					 (iii) an average of 25 individuals for at least 60 days out of the year. The
					 term "waterworks" shall include all structures, equipment, and appurtenances
					 used in the storage, collection, purification, treatment, and distribution of
					 pure water, except the piping and fixtures inside the building where such water
					 is delivered.
Statutory Authority: § 62.1-44.15 of the Code of
						Virginia.