(1) A person proposing a privately owned
reclaimed water system that requires a permit issued by the Department pursuant
to
314 CMR 20.00 is eligible for
said permit, provided that the applicant submits sufficient information with
the permit application to demonstrate to the Department's satisfaction that:
(a) A single entity comprised of all
stakeholders is responsible for the operation of the reclaimed water system in
compliance with
314 CMR 20.00 and the permit.
For purposes of this requirement, the term stakeholders shall include all
persons who propose to have their sewage treated by the reclaimed water system.
Stakeholders may also include any persons who propose to use, sell, distribute,
or offer for use, sale, or distribution the reclaimed water produced by the
reclaimed water system in accordance with
314 CMR 20.00.
(b) The entity will not change its
organizational structure, or sell, assign or transfer the reclaimed water
system, without the prior written approval of the Department.
(c) The entity owns or controls the land on
which the privately owned reclaimed water system is located and owns or
controls the land or has easements that provide access to said land, the
wastewater collection system, the reclaimed water distribution system and the
land ten feet on each side of the wastewater collection system and the
reclaimed water distribution system.
(d) If the privately owned wastewater
treatment facility treats wastewater generated by activities that are owned or
controlled by persons other than the single responsible entity, the applicant
shall also demonstrate that:
1. All
stakeholders share in the financial and operational responsibilities for
complying with the requirements of
314 CMR 20.00 and the
permit.
2. The entity responsible
for the operation of the reclaimed water system in accordance with
314 CMR 20.00 and the permit
shall have the authority to institute a user charge system sufficient to
generate adequate revenue and to enforce such assessments against users in a
manner equivalent to a municipal fee, tax or betterment assessment. The user
charge system may apply to users whose sewage is treated by reclaimed water
system for treatment and consumers who use, sell, distribute, or offer for use,
sale or distribution the effluent produced by the reclaimed water system as
reclaimed water in accordance with
314 CMR 20.00.
(e) In lieu of
making the demonstration required by 314 CMR 20.14(1)(a) through (d), an
applicant may identify all persons who own, control or have a substantial
interest in the reclaimed water system, any activity resulting in the discharge
of pollutants to the reclaimed water system, the land where the reclaimed water
system is located and the land where the reclaimed water is used.. In that
event, the Department may require that any party who owns or controls the
reclaimed water system, an activity resulting in the discharge of pollutants to
the reclaimed system, the land where the reclaimed water system is located,
and/or the land where the reclaimed water is used shall be a permittee who is
jointly and severally responsible for the operation of the reclaimed water
system in compliance with the permit and
314 CMR 20.00, if it
determines that including said person as a permittee is a necessary or
appropriate means of protecting the public health or the environment and/or
ensuring that the reclaimed water system operates in compliance with the permit
and
314 CMR 20.00.
(2) A person proposing a privately
owned reclaimed water system that treats wastewater other than or in addition
to sewage and that requires a permit issued by the Department pursuant to
314 CMR 20.00,
314 CMR 3.00, or
314 CMR 5.00 is eligible for
said permit provided that the applicant demonstrates to the Department's
satisfaction that:
Considering the constituents in the wastewater, the proposed
use of the reclaimed water, and the risk of human exposure, the issuance of a
permit authorizing the use of reclaimed water will not interfere with the
actual use of the groundwater as a source of potable water, or cause or
contribute to a violation of the Massachusetts Surface Water Quality Standards
or otherwise pose a threat to the public health, welfare, safety or the
environment.
