Code of Massachusetts Regulations
314 CMR - DIVISION OF WATER POLLUTION CONTROL
Title 314 CMR 20.00 - Reclaimed Water Permit Program And Standards
Section 20.18 - General Permit Conditions

(a) Beginning on the effective date and lasting through the expiration of the permit, the permittee is authorized to use, sell, distribute, and offer for use, sale, or distribution reclaimed water only in accordance with the permit, 314 CMR 20.00, the Massachusetts Uniform Plumbing Code, 248 CMR 10.00, and a Reuse Management Plan approved by the Department.

(b) The use, sale, distribution, or offering for use, sale, or distribution of reclaimed water other than as expressly authorized by the permit, 314 CMR 20.00, and a Reuse Management Plan approved by the Department, is prohibited.

(c) The permittee shall at all times operate and maintain the facilities used to produce, and/or distribute reclaimed water in accordance with the permit, 314 CMR 20.00, the approved Operations and Maintenance Plan, the approved Reuse Management Plan, 314 CMR 12.00, 257 CMR 2.00, and 314 CMR 20.00.

(d) In the event that the permittee proposes to reuse reclaimed water for a use at a reuse site, by a person, or for a purpose that is not identified in the approved Reuse Management Plan, and/or not authorized by this permit, the permittee shall notify the Department in writing of the proposed change and request modification of the permit. The permittee shall not commence the proposed use unless and until the permit has been modified and the use has been approved by the Department in writing.

(e) The permittee shall give prior notice to the Department as soon as possible of any planned physical alterations or additions to the treatment works or any activity that could significantly change the nature or increase the quantity of pollutants in the reclaimed water. The permittee shall not make the proposed alteration, or construct the proposed addition, unless and until it is approved in writing by the Department.

(f) The permittee shall notify the Department of any non-compliance with the requirements of 314 CMR 20.00 that may endanger the public health or the environment within 24 hours from the time that the permittee became aware of the noncompliance. Said notice may be oral or by facsimile or email. A written submission shall also be submitted to the Department within five days of the time that the permittee became aware of the non-compliance. The written submission shall contain a description of the non-compliance, including exact dates and times, and, if the non-compliance has not been corrected, the anticipated time it is expected to continue and the steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

(g) The permittee shall allow the Department and its authorized representatives to enter upon the permittee's premises where an activity related to the production, use, sale, or distribution of the reclaimed water is located or conducted or where records required by the permit are kept. The Department shall have access to inspect and copy at reasonable times any records that must be kept by the permittee under the conditions of the permit, inspect at reasonable times any facilities, equipment, practices or operations regulated or required under the permit, and sample or monitor the reclaimed water at reasonable times for the purpose of determining compliance with the terms and conditions of the permit.

(h) There shall be no bypassing of untreated or partially treated wastewater to the reclaimed water distribution system or to any reuse site at any time. The reclaimed water produced by the reclaimed water system shall at all times meet the requirements of its classification and use, including, without limitation, the requirements set forth in 314 CMR 20.17. Reclaimed water that does not meet the requirements of its classification and use shall be diverted from the reclaimed water distribution system to an alternate discharge location, to a sewer system with a discharge at another location, or to storage facilities and managed in accordance with all applicable regulations.

(i) The permittee shall notify the Department by telephone, facsimile or email in accordance with 314 CMR 20.18(2)(f) within 24 hours of any time that the permittee discovers that the reclaimed water does not meet the requirements of its classification and use. Reclaimed water not meeting the requirements of its classification and use shall not be discharged to the reclaimed water distribution system or to any reuse site without the prior approval of the Department.

(j) At each reuse site, the public shall be notified that reclaimed water is being used and that the reclaimed water is not safe for drinking. This notification shall include the posting of signs of sufficient size to be clearly read at all reuse sites. For any reuse site that is under the direct control of the permittee, the permittee shall provide the required notice. For any reuse site not under the direct control of the permittee, this requirement shall be expressly included in a Service and Use Agreement. The Service and Use Agreement shall provide that the permittee shall enforce this requirement and that the Department has authority under 314 CMR 20.00 to enforce this requirement.

(k) The permittee shall develop and implement 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. 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, shall be provided at all potable water system connections, and all connections to pipes conveying water for drinking, domestic and culinary purposes that are located at reuse sites.

(l) The permittee shall not distribute reclaimed water to a person, or offer reclaimed water for use, sale or distribution by another person, without a Service and Use Agreement between said person and the permittee that has been approved by the Department in writing. The permittee shall not distribute reclaimed water to a satellite reclaimed water system for further distribution by that system unless there is a Service and Use Agreement approved by the Department in writing between the owner of the satellite reclaimed water system and each user of the reclaimed water. The permittee shall submit all required Service and Use Agreements to the Department for its review and approval before they are signed.

(m) Duty to Mitigate. The permittee shall take all reasonable steps to minimize or prevent any adverse impact on human health or the environment resulting from non-compliance with the permit or 314 CMR 20.00.

(n) Duty to Halt or Reduce Activity. Upon reduction, loss or failure of a component of the treatment works, the permittee shall control the production, use, sale and distribution of reclaimed water to the extent necessary to maintain compliance with its permit, the approved Reuse Management Plan and 314 CMR 20.00, until the affected component is restored or an alternative component is provided. It shall not be a defense to an enforcement action for a permittee to maintain that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with a condition of the permit, the approved Reuse Management Plan, and 314 CMR 20.00.

(o) Power Failure. In order to maintain compliance with all the terms and conditions of the permit, the permittee shall provide an alternative power source sufficient to operate the entire treatment works. In the event of the failure of the alternative power source, the permittee shall halt, reduce or otherwise control the production, use, sale or distribution of the reclaimed water upon the reduction, loss or failure of the primary source of power to the treatment works or any component thereof.

(p) Reclaimed water may not be used in a manner that will cause or contribute to a violation of the Massachusetts Surface Water Quality Standards or cause the water quality of any public or private water supply to violate the standards set forth in the Drinking Water Regulations of Massachusetts, 310 CMR 22.00.

(a) The permittee shall furnish to the Department within 21 days any information that the Department may request to determine whether cause exists for modifying, revoking, renewing or terminating the permit or to determine whether the permittee has complied with or is complying with all the terms and conditions of the permit.

(b) Nothing in the permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities or penalties to which the permittee is or may be subject to under any Federal or State law or regulation.

(c) Solids, sludges, filter backwash or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in a manner that is consistent with applicable Federal, State and local laws and regulations.

(d) Monitoring. Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. Monitoring shall be conducted according to the latest edition of Standard Methods for the Examination of Water and Waterworks prepared by the American Public Health Association, American Waterworks Association, and the Water Environment Federation, the latest edition of Methods for Chemical Analysis of Water and Wastes prepared by EPA, the latest edition of Water Standards of the American Society for Testing Materials, or other test procedures specified in the permit or approved by the Department. Analyses of samples shall be conducted at a laboratory certified by the Department.

(e) Record Keeping. The permittee shall retain records of all monitoring information including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by the permit, and records of all data used to complete the application for the permit for a period of at least three years from the date of the sample, measurement, report or application. The period may be extended by request of the Department at any time. Records of monitoring information shall include the date, exact place and time of sampling or measurement, the individual who performed the sampling or measurement, the date analyses were performed, the individual who performed the analyses, the analytical techniques or methods used, and the results of such analyses.

(f) Monitoring results shall be reported at the intervals specified in the permit. If the permittee monitors any pollutant more frequently than required by the permit, the results of this monitoring shall be included in the calculation and reporting of the data required by the permit.

(g) Except as otherwise provided, any permittee required to obtain a reclaimed water system permit issued by the Department pursuant to M.G.L.c. 21, § 42 and 314 CMR 20.00, shall be required annually to submit an annual compliance assurance fee in accordance with 310 CMR 4.00. The requirement to submit the annual compliance fee does not apply to any local government unit other than an authority

(h) The permittee shall submit to the Department for its review and approval an Operations and Maintenance Plan and Staffing Plan at least forty-five days prior to the date the reclaimed water system commences operation or the use of the reclaimed water commences, whichever first occurs. The Operation and Maintenance Plan shall document how the permittee intends to operate and maintain and staff the reclaimed water system in accordance with all applicable requirements including the permit, 314 CMR 20.00, 257 CMR 2.00, and 314 CMR 12.00. The Operation and Maintenance Plan shall include a preventative maintenance program to ensure that all equipment is kept in a reliable condition. The Operation and Maintenance Plan shall include a plan to staff the reclaimed water system, including, without limitation, 257 CMR 2.00. The Operation and Maintenance Plan shall also include an emergency contingency plan that establishes standard operating procedures that must be followed when the reclaimed water does not meet the applicable effluent limits.

(i) The permittee shall submit a revised Operation and Maintenance Plan whenever there are modifications to the reclaimed water system, the standard operating procedures for the system, or the staff of the reclaimed water system.

(j) The permittee shall not implement any changes to the reclaimed water system unless and until the Department approves the revised Operations and Maintenance Plan required by the permit.

(k) If the permittee intends to enter into a contract with a third party (the contract operator) for the operation and maintenance of the reclaimed water system, at least 45 days prior to the date the system commences operation, the permittee shall submit a draft unsigned contract to the Department for its review and approval. The contract shall provide that the contract operator shall operate and maintain the reclaimed water system in accordance with the approved Operation and Maintenance Plan and Staffing Plan, 314 CMR 20.00, 314 CMR 12.00, and 257 CMR 2.00. The permittee shall not execute the contract and authorize the contract operator to commence operation of the reclaimed water system unless and until the Department has approved the contract.