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

Universal Citation: 314 MA Code of Regs 314.20

Current through Register 1531, September 27, 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.

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