Code of Massachusetts Regulations
314 CMR - DIVISION OF WATER POLLUTION CONTROL
Title 314 CMR 20.00 - Reclaimed Water Permit Program And Standards
Section 20.17 - Special Permit Conditions

Universal Citation: 314 MA Code of Regs 314.20

Current through Register 1531, September 27, 2024

Special Conditions. Except as otherwise provided in 314 CMR 20.17(5), and 314 CMR 20.17(7), each permit for a reclaimed water system issued by the Department pursuant to 314 CMR 3.00, 314 CMR 5.00 or 314 CMR 20.00 shall identify the class of the reclaimed water and specify effluent limits, and authorized uses in accordance with 314 CMR 20.17. The effluent limits set forth in 314 CMR 20.17 apply only to effluent that is used as reclaimed water. The permit shall assign the reclaimed water produced by the reclaimed water system to one of the classes listed below, based upon the level of treatment and the concentration of the pollutants. The classification shall limit how the reclaimed water may be used. If more than one use is proposed, the permit shall provide that reclaimed water meet the effluent limits associated with the most stringent classification. As more fully set out below, the classes are Class A, Class B, and Class C.

(1) Class A. Class A reclaimed water is reclaimed water that at all times meets or exceeds the effluent limits in 314 CMR 20.17(1)(b).

(a) Uses. Class A reclaimed water may be used for any activity for which Class B reclaimed water or Class C reclaimed water may be used as set forth in 314 CMR 20.17(2) and (3). Class A reclaimed water may be used for the following additional activities:
1. Irrigation. Class A reclaimed water may be used for irrigation at locations where individual members of the public are likely to come into contact with the reclaimed water, including, without limitation:
a. Golf courses;

b. Parks and playgrounds;

c. Landscaping around schools, colleges, and universities;

d. Landscaping around residential and mixed-use developments;

e. Athletic fields;

f. Cemeteries;

g. Highway rest areas; and

h. Non-residential developments, such as office complexes, public buildings, hotels, motels, and commercial malls.

2. Cooling Water. Class A reclaimed water may be used for industrial or commercial cooling or air conditioning where aerosols or other mists are created, including, without limitation, cooling towers, evaporative condensers, or spray mechanisms. When a cooling system uses Class A reclaimed water in conjunction with an air conditioning facility that utilizes a cooling tower or otherwise creates a mist that may come into contact with employees or members of the public, the cooling system shall comply with the following:
a. drift eliminator shall be used whenever the cooling system is in operation.

b. Chlorine or other biocide shall be used to treat the cooling system recirculating water to minimize the growth of LEGIONELLA and other microorganisms.

3. Toilet and Urinal Flushing. Class A reclaimed water may be used for toilet and/or urinal flushing in commercial, institutional, and industrial facilities and buildings, including hotels and motels. Class A reclaimed water may also be used for toilet and/or urinal flushing in barracks, jails, prisons, reformatories, and residential developments other than single family homes, town houses, and two- and three-family homes where the residents have access to the plumbing facilities for repairs or modification. All facilities using Class A reclaimed water for toilet and/or urinal flushing shall comply with the Massachusetts Uniform State Plumbing Code, 248 CMR 10.00.

4. Agricultural Use. Class A reclaimed water may be used for food crop irrigation where there is contact between the reclaimed water and the edible portion of the crop.

5. Industrial Process Water. Class A reclaimed water may be used as industrial process water where inhalation or contact is possible.

6. Commercial Laundries and Carwashes. Class A reclaimed water may be used by commercial laundries and carwashes.

7. Snowmaking. Class A reclaimed water may be used for snowmaking.

8. Fire Protection. Class A reclaimed water may be used for fire protection.

9. Creation of Wetlands and Recreational Impoundments. Class A reclaimed water may be used to create a new wetland or recreational impoundment. Discharge of treated wastewater to an existing surface water or wetland requires a Surface Water Discharge Permit issued by the Department pursuant to 314 CMR 3.00 and does not involve the reuse of reclaimed water in accordance with 314 CMR 20.00.

(b) Effluent Limits. The following effluent limits apply to all Class A reclaimed water. The compliance point(s) shall be after the final treatment process and prior to the point of discharge:

Effluent Limits

pH = 6.5-8.5

BOD < 10 mg/l

TSS < 5 mg/l

Turbidity < average of 2 NTU within a 24-hour period, cannot exceed five NTU more than 5% of the time within a 24-hour period, and cannot exceed ten NTU at any time.

Total Nitrogen < 10 mg/l

Median of no detectable fecal coliform/100 ml over continuous seven-day sampling periods, not to exceed 14/100 ml in any one sample

Other parameters as specified by the Department

On a case-by-case basis, the Department may establish a limit on phosphorus and/or establish a limit on total nitrogen that is more stringent than ten mg/l in order to maintain or achieve compliance with the Massachusetts Surface Water Quality Standards and/or to protect the actual or potential use of the ground water as a source of potable water. On a case-by-case basis, the Department may establish a limit on total nitrogen that is less stringent than ten mg/l, if the use of the reclaimed water does not involve a discharge to the ground surface or the ground water or in circumstances such as irrigation where the nutrient value of the reclaimed water is proposed to be used and the reclaimed water meets the effluent limit of ten mg/ l before it is to discharged to a water of the Commonwealth.

(2) Class B. Class B reclaimed water is reclaimed water that at all times meets or exceeds the effluent limits in 314 CMR 20.17(2)(b).

(a) Uses. Class B reclaimed water may be used for any activity for which Class C reclaimed water may be used as set forth in 314 CMR 20.17(3). Class B reclaimed water may be used for the following additional activities:
1. Irrigation. Class B reclaimed water may be used for irrigation at locations where individual members of the public are not likely to come into contact with the reclaimed water, including, without limitation, the following:
a. Ornamental nursery stock and sod farms where access by the general public is restricted; and

b. Landscaped areas associated with highways, other than highway rest areas, including, without limitation, median strips and shoulders.

2. Cooling Water. Class B reclaimed water may be used for industrial or commercial cooling or air conditioning where aerosols or other mist are not created.

3. Agricultural Use. Class B reclaimed water may be used to provide irrigation for the following agricultural uses:
a. Class B reclaimed water may be used for irrigation on land used as pasture for milking animals; and

b. Class B reclaimed water may be used for irrigation of unprocessed food crops where there is no contact between the reclaimed water and the edible portion of the crop.

4. Dust Control. Class B reclaimed water may be used for dust control.

5. Soil Compaction. Class B reclaimed water may be used for soil compaction.

6. Mixing Concrete and Washing Aggregate. Class B reclaimed water may be used to mix and wash aggregate.

7. Street Cleaning. Class B reclaimed water may be used for street cleaning.

(b) Effluent Limits. The following effluent limits apply to all Class B reclaimed water. The compliance point(s) shall be after the final treatment process and prior to the point of discharge:

Effluent Limits

pH = 6.5-8.5

BOD < 30 mg/l

TSS < 10 mg/l

Total Nitrogen < 10 mg/l

Median of 14 detectable fecal coliform/100 ml over continuous 7-day sampling periods, not to exceed 100/100 ml in any one sample

Other parameters as specified by the Department
1. On a case-by-case basis, the Department may establish a limit on phosphorus and/or establish a limit on total nitrogen that is more stringent than ten mg/l in order to maintain or achieve compliance with the Massachusetts Surface Water Quality Standards and/or to protect the actual or potential use of the ground water as a source of potable water. On a case-by-case basis, the Department may establish a limit on total nitrogen that is less stringent than ten mg/l if the reclaimed water use does not involve a discharge to the ground surface or the ground water, or in circumstances such as irrigation where the nutrient value of the reclaimed water is proposed to be used and the reclaimed water meets the effluent limit of ten mg/l before it is discharged to a water of the Commonwealth.

2. Class C. Class C reclaimed water is reclaimed water that at all times meets or exceeds the effluent limits set forth in 314 CMR 20.17(3)(b).
a. Uses. Class C reclaimed water may be used for the following activities:
i. Agricultural Use. Class C reclaimed water may be used for orchard and vineyard irrigation where there is no contact between the reclaimed water and the edible portion of the crop, and for processed food crops that, prior to sale to the public or others, undergo chemical or physical commercial processing sufficient to kill pathogens.

b. Industrial Process Water. Class C reclaimed water may be used as industrial process water in a closed system where there is no worker contact.

c. Industrial Boiler Feed. Class C reclaimed water may be used to feed an industrial boiler.

d. Silviculture. Class C reclaimed water may be used for silviculture.

(b) Effluent Limits. The following effluent limits apply to all Class C reclaimed water. The compliance point(s) shall be after the final treatment process and prior to the point of discharge:

Effluent Limits

pH = 6.5-8.5

BOD < 30 mg/l

TSS < 30 mg/l

Total Nitrogen < 10 mg/l

Median of 200 detectable fecal coliform/100 ml

Other parameters as specified by the Department

On a case-by-case basis, the Department may establish a limit on phosphorus and/or establish a limit on total nitrogen that is more stringent than ten mg/l in order to achieve or maintain compliance with the Massachusetts Surface Water Quality Standards and/or to protect the actual or potential use of the ground water as a source of potable water. On a case-by-case basis, the Department may establish a limit on total nitrogen that is less stringent than ten mg/l if the reclaimed water use does not involve a discharge to the ground surface or the ground water, or in circumstances such as irrigation where the nutrient value of the reclaimed water is proposed to be utilized, and the effluent limit of ten mg/l is met before it is discharged to the ground water.

(4) Special Operational Conditions.

(a) Except as provided in 314 CMR 20.17(4)(b) and (c), the permittee shall maintain a chlorine residual of at least 0.5 mg/l in the reclaimed water during conveyance from the wastewater treatment facilities to each reuse site. For reuse sites that are not under the control of the permittee, the Service and Use Agreement shall provide the permittee with sufficient access to the reclaimed water distribution system and the reuse site to ensure compliance with this requirement.

(b) Maintenance of a chlorine residual in accordance with 314 CMR 20.17(4)(a) is not required in reclaimed water impoundments and storage basins.

(c) The Department may waive the chlorine residual requirement set forth in 314 CMR 20.174) (a), if the Department determines that another method of disinfection has been provided that adequately protects the public health and the environment,

(5) Special Conditions for Use of Reclaimed Water for Aquifer Recharge by Discharging Reclaimed Water Within a Zone II, Interim Wellhead Protection Area, or Private Water Supply Area. A permit issued by the Department pursuant to 314 CMR 5.00 authorizing the use of reclaimed water for aquifer recharge by allowing the discharge of reclaimed water to the ground within a Zone II,, Interim Wellhead Protection Area, or Private Water Supply Area shall not assign the reclaimed water to a class. Instead, the permit shall require that the reclaimed water meet effluent limits established in accordance with 314 CMR 5.10.

(6) Special Conditions for the Outside Use of Reclaimed Water Within a Zone II, Interim Wellhead Protection Area, or Private Water Supply Area. A permit issued by the Department pursuant to 314 CMR 3.00, 314 CMR 5.00 or 314 CMR 20.00 authorizing the outside use of reclaimed water within a Zone II, Interim Wellhead Protection Area, or Private Water Supply shall meet the more stringent of the effluent limits established in accordance with 314 CMR 5.10 and the effluent limits set forth in 314 CMR 20.17 for the particular outside use and the class associated with that use. Outside uses of reclaimed water include snowmaking, fire protection, dust control, street cleaning, soil compaction, mixing concrete, washing concrete and irrigation other than irrigation by means of a soil absorption system approved by the Department in accordance with 314 CMR 5.00.

(7) Special Conditions for Use of Reclaimed Water for Irrigation by Means of a Soil Absorption System Approved by the Department Pursuant to 314 CMR 5.00. A permit issued by the Department pursuant to 314 CMR 5.00 authorizing the use of reclaimed water for irrigation by means of a soil absorption system approved by the Department in accordance with 314 CMR 5.00 shall not assign the reclaimed water to a class. Instead, the permit shall require the reclaimed water to meet effluent limits established in accordance with 314 CMR 5.10.

(8) Special Conditions for Use of Reclaimed Water for Irrigation by Means of a Discharge to the Ground Within 100 Feet of an Irrigation Well. A permit issued by the Department pursuant to 314 CMR 5.00 authorizing the use of reclaimed water for irrigation by means of a discharge to the ground within 100 feet of an irrigation well shall require the reclaimed water to meet the more stringent of the effluent limits established in accordance with 314 CMR 5.10 and the effluent limits established in accordance with 314 CMR 20.17 for the particular irrigation use and the class associated with that use.

(9) Special Conditions for Reclaimed Water Used For Irrigation. Except as otherwise provided in 314 CMR 20.17(9), a permit that authorizes the use of reclaimed water for irrigation shall include the following additional conditions:

(a) The pemittee shall develop and implement a public education program as approved by the Department in accordance with the schedule approved by the Department.

(b) The permittee shall not use reclaimed water, other than Class A reclaimed water, for spray irrigation within 100 feet of any building or residence, or 50 feet if a hedge buffer is used.

(c) The permittee shall not spray reclaimed water on paved or impermeable areas.

(d) The permittee shall not use reclaimed water, other than Class A reclaimed water. for spray irrigation within 100 feet of a place where public exposure could be similar to a park, playground or school yard.

The conditions set forth above shall not apply to a permit issued pursuant to 314 CMR 5.00 that authorizes the use of reclaimed water for irrigation by means of a subsurface soil absorption system approved by the Department.

(10) Other Special Conditions. The Department shall establish special permit conditions, as required on a case-by-case basis. to provide and assure compliance with the applicable requirements of the Massachusetts Clean Waters Act, M.G.L. c. 21, §§ 26 through 53, the Federal Act, 31 U.S.C. § 1251et seq. At a minimum, all reclaimed water system permits shall contain limits that are adequate to assure and maintain compliance with the Massachusetts Surface Water Quality Standards, to protect surface waters for their existing and designated uses, and/or the ground waters of the Commonwealth as an actual or potential source of potable water and to assure compliance with pertinent provisions of state and federal law. The Department may include in a reclaimed water system permit issued by the Department pursuant to 314 CMR 20.00, 314 CMR 3.00, or 314 CMR 5.00 additional effluent and monitoring requirements, including, without limitation. effluent limits and monitoring requirements for contaminants that as of date March 20, 2009 are not regulated by the Drinking Water Regulations of Massachusetts, 310 CMR 22.00. The Department may also require the implementation of specific source control and pollution prevention measures and other best management practices aimed at protecting water quality, the public health and the environment.

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