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Permitting of Potable Reuse

Recommendation

Eliminate the classification of Advanced Treated Water as “a discharge of pollutants” and regulate Advanced Treated Water under the Safe Drinking Water Act.

Background

Historically, wastewater treatment facilities have discharged treated wastewater into the environment. Because a discharge is involved, these facilities are regulated under the Clean Water Act. Specifically, these facilities are required to obtain a permit for a National Pollution Discharge Elimination System (NPDES).

However, more and more wastewater treatment facilities are purifying wastewater to more stringent water quality standards and discharging the purified water directly to a source of drinking water, such as a reservoir. Because of this change in operations, the same water is now also subject to regulation under the Safe Drinking Water Act.

Regulations under the Clean Water Act and Safe Drinking Water Act may be duplicative or, at times, even contradictory.

Benefits

Regulating Advanced Treated Water under the Safe Drinking Water Act will focus compliance on reliable and robust treatment to produce a high quality water, which will increase protection for the public health and environment.
Adopting a single regulatory framework for Advance Treated Water will provide certainty to utilities, which will increase efficiency and contain costs for ratepayers and taxpayers.
Providing regulatory certainty to utilities will increase implementation of new water reuse projects, which are desperately needed around the nation, especially in drought-ridden states.

Policy Position

California

The State Water Resources Control Board (Board) regulates water quality in California. The Board also develops statewide regulations for recycled water – potable and non-potable, including onsite reuse. The Board also provides funding through loans and grant programs for recycled water. The Regional Water Quality Control Board issues site specific water quality permits. The California Department of Water Resources manages water supply, including overseeing water conservation, groundwater and surface waters.

Regulations and Policies

Title 22 (State Water Board): These are the primary regulations for recycled water in California, including:
- Non-potable recycled water regulations (to be updated in 2023)
- Groundwater Recharge Regulations
- Reservoir Water Augmentation Regulations
- Raw Water Augmentation Regulations and Treated Drinking Water Regulations (voted to adopt in December 2023 – draft regulations released).
- Onsite Reuse Regulations (planned 2023)
Recycled Water Policy (State Water Board updates every five years): The policy includes requirements for potable reuse permits and policies that guide all Title 22 recycled water uses.
Toxicity Provisions (CA State Water Board): Toxicity provisions apply to recycled water discharge.
Plumbing Code (Department of Water Resources): This code regulates indoor use of non-potable recycled water
Building Standards Code (Building Standards Commission): This code regulates indoor use of non-potable recycled water.
Cross Connection Handbook (State Water Board): Ensures no cross connection between recycled water supply and potable supply
Model Water Efficient Landscape Ordinance (Department of Water Resources): Regulates the use of recycled water in outdoor irrigation.
NEW Water Use Efficiency Regulations (State Water Board): Planned regulations for 2023.
Regional Water Quality Control Board (9 regions): Issue WRDs and NPDES permits for recycled water.

Arizona

Arizona has a long history of water reuse beginning in about 1926. As much as two-thirds of all treated wastewater generated in Arizona is reused for a variety purposes, including irrigation, environmental restoration, energy generation, and agriculture. Legislative authority for water reuse was granted to the Arizona Department of Environmental Quality (ADEQ) in 1999 and reclaimed water rules focus on protecting water quality and human health. ADEQ is currently revising Arizona’s rules governing the use of recycled water. The first installment of new rules, effective January 1, 2018, allow permitting for direct potable reuse. In the next installment of rulemaking, ADEQ intends to adopt more detailed DPR criteria. Arizona has no indirect potable reuse (IPR) regulations, but IPR can be done under separate ADEQ groundwater protection permitting regulations. Other than graywater use, there are no specific rules allowing onsite or decentralized water reuse in Arizona.

Regulations

Recycled Water Rulemaking: Arizona Department of Environmental Quality is working on various recycled water regulations by consulting numerous stakeholders in the field. ADEQ also completed a triennial surface water quality review in 2019 in compliance with the Clean Water Act.
- Direct Potable Reuse (DPR) Comprehensive Rulemaking: AZDEQ kicked off the rulemaking by convening stakeholders in July 2022.
AAC Title 18, Chapter 9: Article 7 provides rules for the use of recycled water in Arizona.
AAC Title 18, Chapter 11: Article 3 provides water quality standards for recycled in Arizona.

Colorado

The Colorado Department of Public Health and Environment (CDPHE) has a reclaimed water program that is designed to promote water reuse in the state. The state’s Reclaimed Water Control Regulation was introduced in 2000. The regulation covers the use of reclaimed water for landscape and agricultural irrigation, fire protection, industrial, commercial, and urinal and toilet flushing. These uses correlate to three categories of water quality standards, additional filtration and disinfection treatment for specific uses, and treatment from localized treatment systems (“decentralized”). The state also runs grant programs, such as the Water Plan Grant fund established in 2018, to incentivize new water reuse projects.

Regulations and Policies

Regulation No. 11 – Direct Potable Reuse Regulation: On November 14, 2022, the Colorado Water Quality Control Commission provided final approval of a new Direct Potable Reuse (DPR) rule, incorporated into Regulation 11: Colorado’s Primary Drinking Water Regulation.
- Colorado’s Regulation for Direct Potable Reuse FAQ: Developed by WateReuse Colorado.
Regulation No. 84 – Reclaimed Water Control Regulation: Regulation 84 includes rules for the reuse of water for irrigation, fire protection, industrial, commercial, and urinal and toilet flushing.
Water quality reclaimed water (reuse) permits: CDPHE’s program page includes permit applications, policies and guidelines, and external resources.

Concurrent Session Topics – 2022 WateReuse Symposium

Choose from presentations on six tracks providing insight and professional development, relevant to every life cycle phase of a water reuse project:

Phase 1: Conceptual
Phase 2: Planning
Phase 3: Design and Construction
Phase 4: Implementation or Operation.

Agricultural Reuse

Antibiotic Resistance Genes in Agricultural Reuse Water (Phase1)
Evidence from Consumer Willingness-to-Pay Studies: New Approaches to Water Reuse (Phase 2)

Aquifers, Groundwater, and the Environment

Anne Arundel County, MD Our wAAter Program: Advanced Water Treatment for MAR (Phase 1)
Pure Water Oceanside: Breaking New Boundaries in Groundwater Recharge (Phase 4)
Innovation in Florida Water Reuse: Palm Beach County’s Green Cay Project (Phase 3)

Artificial Intelligence and Cyber Security

Cybersecurity Barriers to Innovation: Addressing Risk and Innovation for Reuse (Phase 4)
Digital Innovations Will Make Potable Reuse Projects More Affordable (Phase 1)
Integrating Real-Time Collection System Monitoring for Potable Water Reuse (Phase 4)

Federal Policy

Advancing National Water Reuse Policy (Phase 1)
From Recharge to Recovery: Federal Role and Innovation in ASR (Phase 4)
Produced Water Reuse Efforts in Support of the National Water Reuse Action Plan (Phase 2)

Finance and Planning

Advancing Water Reuse with Property Assessed Clean Energy Financing (Phase 345234)
Equitable Recycled Water Expansion – Through Principles, Policies and Fees (Phase 2)
Paying for Potable Reuse when Costs Increase Significantly (Phase 3)
Preliminary Design and Cost Estimate of a Direct Potable Reuse Plant in AZ (Phase 1)
Private Funding Can Accelerate Reuse Projects-Water Purchase /Process Agreements (Phase 1)

Industrial Reuse

Condensate Recovery and Reuse: A Visual Tour of UC San Diego’s Innovative Systems (Phase4)
Case-Studies: Improving Industrial Water Footprints with Reuse (Phase 4)
A Recommended Framework for Industrial Enhanced Source Control Programs (Phase 2)

Implementation & Operations

Achieving 100% Reuse in the LA Harbor (Phase 4)
Developing water reuse in underserved communities: learning from the US & abroad
Innovative Approaches to Engaging Next-Gen Water Professionals (Phase 4)
Planning & Implementation of a Comprehensive Water Reuse Project in Barbados
T-minus 10 & Counting: Navigating Florida’s Elimination of Surface Discharges (Phase 1)

Integrated Regional Water Management

The Future of Potable Reuse using KPIs (Phase 2)
Increasing Water Resiliency through Collaboration in North Central Texas (Phase 2)
Multi-agency Reuse Programs: Lessons for Successful Collaboration (Phase 2)
Partnering: Accelerating Regional Integrated Water Management Solutions (Phase 2)

Onsite and Distributed Systems

Effective Online Microbial Monitoring for Onsite Water Reuse (Phase 4)
Off the Roof: Measuring Microbial Characteristics of Roof Runoff (Phase 1)
Successful Implementation of Onsite and Distributed Water Reuse Systems (Phase 1)
Risk-Based Guidance for Onsite Non-Potable Reuse: Progress and Opportunities (Phase 1)
Tackling water conservation, quality & policy evolution with district reuse (Phase 2)
Water Reuse for Corporate Campus in Austin, TX (Phase 3)

Potable Reuse

Approach to Implement the World’s Largest Potable Reuse System – Hyperion 2035 (Phase 2)
Los Angeles’ Headworks DPR Project: Implementing Direct Potable Reuse (Phase 2)
Valley Water’s planned potable reuse project with phased IPR and DPR (Phase 4)
When IPR is Not Enough (Phase 4)

Public Engagement and Communications

Bringing Communication Pros Together to Further Water Reuse (Phase 2)
Bumpy Road or Smooth Ride? Strategies for Mobile DPR Demonstrations (Phase 4)
Five Steps to Successful Community Support (Phase 3)
One Water: What Does It Mean to You? (Phase 1)
Thinking Big While Building Small: A Museum Quality Pure Water Demo (Phase 4)
Raise a Glass to Potable Reuse (Phase 4)

Regulatory

Comparison of Potable Reuse Regulations and Impacts to Project Implementation (Phase 1)
Collaboration in Action: Colorado DPR Rulemaking Process (Phase 3)
Compilation and Synthesis of US State Water Reuse Regulations (Phase 1)
Regulatory Challenges for Reuse of Produced Water via Land Application (Phase 2)
Reuse as a Water Quality Compliance Strategy: Challenges and Opportunities (Phase2)
Permitting a Potable Reuse System in the Midst of Regulatory Change in Florida (Phase 2)
Making Reuse Work – NPDES permit case studies for EPA WRAP Action Item 2.2.10 (Phase 1)

Research

Bureau of Reclamation Advanced Water Treatment Research Roadmap (Phase 4)
Demonstrating Greater LRVs across NF and RO Membranes–Results from WRF 4958 (Phase 1)
EEM-PARAFAC – Monitoring organic matter through the potable water cycle (Phase 1)
Identifying WRRF Impacts on AWT Performance (WRF 4833 Module A) (Phase 1)
Innovation in oxidation for reuse: A seamless pipeline (Phase 4)
Quantitative Relative Chemical Assessment: Filling the Gap (Phase 2)

Stormwater Capture and Reuse

Advancing Stormwater Capture and Use Policy, Research, and Action Priorities (Phase 1)
Aggregated Rain Grid Networks: PropTech Resilience and Adaptation Through Reuse (Phase 4)
Targeted Onsite Reuse for Integrated Water (Phase 2)

Treatment Strategies

Operational Considerations and Insights for Reliable CBAT Performance (Phase 4)
The Rise of UV/Chlorine and the Fall of UV/peroxide in Water Reuse (Phase 1)
Development of Performance and Health-Based Indicators for HRSD’s SWIFT Program (Phase 4)

Water Quality

The Fate of CECs in Pacific Northwest Reclaimed Water Infiltration (Phase 4)
Quantitative Microbial Risk Assessment of Water Reuse (Phase 3)
Role of WRFs in Managing PFAS Circulation through the Water Cycle (Phase 2)
PFAS in Wastewater Effluent: Meta-Analysis of Occurrence and GAC Removal (Phase 4)

Washington

Washington State encourages the use of reclaimed water by providing financial support and incentives, and by directing the Departments of Health and Ecology to coordinate to support the adoption of water recycling. The state developed water reclamation and reuse standards in the 1990’s and has been updating relevant regulations since then. Water reuse in Washington covers a wide range of applications, including landscape irrigation, flushing, groundwater recharge, industrial and commercial uses, and ecosystem restoration, among others.

Regulations and Policies

Washington State Department of Ecology, Reclaimed Water: The Department of Ecology provides information and resources to support reclaimed projects and permitting.
Washington State Department of Health, Water Reclamation and Reuse: The Water Reclamation and Reuse Program’s goal is ensure the safety of reclaimed water. This page has background information on the program and guidance for regulating water supplies.
Reclaimed Water Use (Revised Code of Washington §90.46.005): Washington State encourages the use of reclaimed water through financial support and incentives and directs the departments of health and ecology to coordinate so that reclaimed water can be developed and used to replace potable water, when appropriate, to supplement surface and groundwater supplies, and to benefit aquatic habitats. Applications include aquifer recharge and various non-potable uses.
Concerning risk-based water quality standards for on-site nonpotable water systems, H.B. 1184: In 2021, Washington state legislature passed and signed H.B. 1184 into law. The legislation directs the Washington Department of Health to develop state-wide risk-based water quality standards for the use of onsite non-potable water reuse systems in commercial and multi-family buildings.

North Carolina

North Carolina statute directs state regulatory agencies to consider water reuse as an alternative to surface water discharge. State rules governing water reuse are codified in Title 15A of the North Carolina Administration Code Subchapter 2T.0900. Reclaimed water in North Carolina may be used to a range of non-potable purposes, including irrigation, dust control, cooling and other industrial purposes, flushing, ponds and fountains, street sweeping and car washing, among others.

Regulations and Policies

Title 15A of the North Carolina Administration Code Subchapter 2T.0900: North Carolina’s water reuse policy and rule making statute, § 143 355.5, requires the Environmental Management Commission to “encourage and promote safe and beneficial reuse of treated wastewater as an alternative to surface water discharge.”
SB 163: Allows reclaimed water to be a source water for drinking water treatment.
Subchapter 02U- Reclaimed Water: The rules in this Subchapter set forth the requirements and procedures for application and issuance of permits for reclaimed water systems.
Non-Discharge Permitting: The North Carolina Department of Environmental Policy issues Non-Discharge Permits for reclaimed water.

Florida

Water reuse was established as a state objective in 1989 and the state has since created a supportive regulatory environment. Florida has regulations that specify requirements of how reclaimed water is to be treated depending on the use or application of the water. Approximately 820 million gallons per day of reclaimed water are used for beneficial purposes each year, including golf course irrigation, residential irrigation, agricultural irrigation, groundwater recharge and indirect potable reuse, industrial uses, fire protection, and wetlands.

The Florida Department of Environmental Protection is moving forward with Phase II of rulemaking to ensure proper regulation for implementation of potable reuse programs in the state of Florida. The rules amended in Chapter 62-610 F.A.C . Phase II Reuse of Reclaimed Water and Land Application will address updates necessary to be consistent with recommendations of the Potable Reuse Commission’s 2020 report “Advancing Potable Reuse in Florida: Framework for the Implementation of Potable Reuse in Florida” as required by Florida’s Clean Waterways Act of 2020.

Regulations and Policies

Reuse of Reclaimed Water and Land Application, Chapter 62-610, F.A.C.: These rules govern reuse and land application in Florida. Rule 62-610.810, F.A.C., distinguishes reuse projects from effluent disposal.
Domestic Wastewater Facilities, Chapter 62-600, F.A.C.: Treatment and disinfection requirements for reuse of reclaimed water are established in Rules 62-600.530 and 62-600.440, F.A.C. Domestic wastewater must meet, at a minimum, a treatment standard of secondary treatment, basic disinfection and pH control in order to be reused as reclaimed water.
Wastewater Facility and Activities Permitting, Chapter 62-620, F.A.C.
Water Implementation Rule, Chapter 62-40, F.A.C.: This chapter presents the overall state water policy, provides guidance for issuing consumptive use permits, establishes requirements for domestic wastewater treatment facilities, and creates a mandatory reuse program.
Florida Plumbing Code: The code incorporates building construction-related regulations for public and private buildings in the State of Florida.
Potable Reuse Rulemaking Information: The potable reuse rulemaking effort is a joint effort between wastewater and drinking water.
Florida Department of Environmental Protection, Water Reuse Program: This page has general information and links pertaining to Florida’s water reuse activities, rules, statutory authorities, and resources.

Georgia

The Watershed Protection Branch of Georgia’s Department of National Resources Environmental Protection Division (EPD) has a set of guidelines for Water Reclamation and Urban Water Reuse. The guidelines were revised in 2012 and encompass considerations, system and monitoring requirements, and design standards for urban water reuse in the state. The uses covered are industrial and non-potable reuse. In 2011, the state released Guidelines for Reclaimed Water Systems in Buildings for reuse water to be piped within buildings for flushing toilets and urinals and other approved uses. In In 2021, EPD released the state’s first indirect potable reuse guidelines. The guidelines are intended to help applicants navigate through the regulatory complexity of a potential indirect potable reuse project, help the appropriate programs within EPD coordinate with each other, and streamline the regulatory process.

Regulations and Policies

Guidelines for Water Reclamation and Urban Water Reuse (Department of National Resources Environmental Protection Division): Georgia provides guidelines detailing considerations and systems requirements for urban water reuse in the state. Design standards and monitoring requirements are also given.
Guidelines for Reclaimed Water Systems for Buildings: The Georgia Plumbing Code was amended January 1, 2011 to allow reclaimed water to be used for toilet and urinal flushing and other approved uses.
Indirect Potable Reuse Guidelines (Department of Natural Resources Environmental Protection Division): The guidelines provide a framework to support applicants for new or modified drinking water, surface water withdrawal, and wastewater discharge permits.
Gray Water Recycling System Guidelines (State of Georgia): This document offers guidelines for the reuse of graywater in the state. It also gives information on system design, operation, and potential reuse systems.

Wyoming

The State of Wyoming Department of Environmental Quality has promulgated a regulation that broadly outlines the permitting process for water reuse systems.

Regulation

Wyoming Administrative Rules: Regulations for permit to construct, install, or modify water reuse systems.

Pennsylvania

Water reuse has been and continues to be an important component of Pennsylvania’s water management toolbox. Industries have been reusing water within their facilities for decades to reduce operating costs. Many municipal and industrial wastewater treatment plants discharge treated water to streams and lakes, or land apply reclaimed water for additional treatment prior to recharging a groundwater aquifer. In many of these cases, the reclaimed water becomes a portion of the source water for a potable drinking water supply. The Pennsylvania Department of Environmental Protection (DEP) developed a guidance manual in 2012 for implementing water reuse in an environmentally protective manner in accordance with DEP regulations.

Regulations and Policies

DEQ, Reuse of Treated Wastewater Guidance Manual: This manual includes planning, design, operation and maintenance guidelines for water reuse systems.
The Clean Streams Law (35 P.S. §§691.1-691.1001): Administration of sewage facilities permitting program.
Title 25 Pa. Code, Chapter 91: This chapter includes general provisions for water reuse.

Virginia

Virginia State Law, updated in 2020, details the treatment needs for various forms of reuse. State regulations have two levels of water quality pertaining to non-potable applications of recycled water. The state’s reuse program is evolving, with new policies being enacted in 2016, 2017, and 2020.

Regulations and Policies

Virginia Department of Environmental Quality, Water Reclamation and Reuse: This page provides guidance on permitting and implementing water reclamation and reuse projects.
Administrative Code, Chapter 740: Definitions and General Program Requirements; Reclaimed Water Treatment, Standards, Monitoring Requirements and Reuses; Application and Technical Requirements

Vermont

Vermont’s Department of Environmental Conservation has promulgated rules related to graywater, as well as treatment standards for reclaimed water use.

Regulations

Environmental Protection Rules, Chapter 14, Indirect Discharge Rules: Includes reclaimed water treatment requirements.

Utah

The State of Utah has promulgated several regulations governing water reuse. This includes regulations related to approvals and permits for water reuse projects, system design requirements, aquifer recharge, and graywater systems.

Regulations

Rule 3: Design Requirements for Wastewater Collection, Treatment and Disposal Systems: Includes water reuse.
Rule 13: Approvals and Permits for a Water Reuse Project
Rule 100: Utah State Project Priority System for the Utah Wastewater Project Assistance Program
Rule 401: Graywater Systems

South Carolina

South Carolina’s Plumbing Code, Chapter 13 Non-Potable Water Systems specifies a set of rules guiding the use of local water recycling systems. The code details a set of requirements and parameters for non-potable reuse.

Regulation

2015 South Carolina Plumbing Code- Chapter 13 Nonpotable Water Systems: South Carolina Plumbing Code offers a set of rules guiding the use of local non-potable water recycling systems.

Rhode Island

The Rhode Island Department of Environmental Management has developed technical guidelines for water reuse projects. The document includes technical standards for water reuse for irrigation and cooling purposes.

Policies and Guidance

Rhode Island Department of Environmental Management, Application Guidance for Wastewater Reuse Projects: This document details assisting application information for applying to reuse water in a variety of non potable ways. This applies to all water suppliers.

Oregon

Oregon began supporting beneficial reuse in 1990, when a state regulatory framework for water reuse was established. Oregon’s Water Resources Department and Department of Environmental Quality have promulgated rules to govern water reuse and reclamation methods, procedures, restrictions, treatment, and monitoring.

Regulations and Policies

Oregon Department of Environmental Quality, Water Reuse: The Oregon Department of Environmental Quality provides reuse regulatory oversight for graywater, recycled water, and Industrial water.
Oregon Water Resources Department, Municipal Water Reuse: Recycled water may be used for irrigation or other beneficial uses as an exempt use without a water use permit issued by the Department, under certain conditions.
Recycled Water Use Rules (Oregon Administrative Rules 340-055-0005): Recycled Water Use Rules lays out methods, procedures, restrictions, treatment, and monitoring requirements for the beneficial use of reclaimed water. Reclaimed water or recycled water is defined as treated effluent from a municipal wastewater treatment system.

Oklahoma

In 2012, Oklahoma’s Department of Environmental Quality promulgated water reuse regulations to govern groundwater recharge and other applications of water recycling. Current water reuse regulations include indirect potable reuse for surface water augmentation, operation and maintenance of water reuse systems, and treatment and construction standards.

Regulations and Policy

Water Reuse Implementation: DEQ guide to water reuse implementation following permitting and regulation requirements.
OAC 252:656-27 Wastewater Reuse: These statutes provide construction standards for water reuse facilitates.
OAC 252:627 Operation and Maintenance of Water Reuse Systems: Provides operation and maintenance requirements for four categories of reclaimed water.

Ohio

Ohio Administrative code, effective in 2015, provides guidelines for graywater recycling systems and sets their scope. The state does not currently regulate water recycling.

Regulation

3701-29-17 Gray water recycling systems and alternative toilets: Ohio Administrative code provides a guideline for graywater recycling systems in Ohio and sets their scope.

New York

In the State of New York, the Department of Environmental Conservation regulates water reuse programs operated by wastewater treatment plants through State Pollutant Discharge Elimination System permits on a case-by-case basis. The New York State Department of State regulates graywater reuse within buildings through the state’s plumbing code, enforced by local building inspectors. In the City of New York, the Department of Environmental Protection operates a water conservation and reuse grants program to encourage commercial, industrial, and multi-family residential property owners to implement onsite water reuse systems.

Policies and Programs

Department of Environmental Conservation, Water Reuse: The Department of Environmental Conservation provides guidance on implementing water reuse projects.
New York City Water Conservation and Reuse Grants: This program provides commercial, industrial, and multi-family residential property owners with incentives to install onsite water reuse systems,

North Dakota

The North Dakota Water Commission defines the terms of permitting for reusing wastewater. They have an update reported that explains the current scope of reuse in the state is for irrigation and non-potable purposes.

Policy

Policy/Procedure for Transfer and Reuse of Wastewater: This document provides guidance for permitting water reuse projects.

New Jersey

The New Jersey Department of Environmental Protection (NJDEP), Division of Water Quality promotes beneficial water reuse from domestic and industrial wastewater dischargers via the NJDPES permitting program. Reclaimed water can be used for non-potable applications in place of potable water or as a supplement to potable water. Potential applications include irrigation of crops, parks, and golf courses; dust control; fire fighting; and toilet flushing. The Bureau of Surface Water and Pretreatment Permitting program has issued over 125 water reuse permits.

Policies

NJDEP Technical Manual: Reclaimed Water for Beneficial Use: This manual includes design, operation, and maintenance criteria for wastewater systems discharging reclaimed water for beneficial reuse and provides criteria for users of reclaimed water.
NJDEP Reclaimed Water Program: NJDEP provides guidance for project funding and implementation, as well as statewide reuse data.

New Mexico

In 2007, New Mexico updated its Guidance for Aboveground Use of Reclaimed Domestic Wastewater, which includes design specifications and treatment standards for a range of uses of recycled water. The state also intends to develop regulations related to the treatment and reuse of produced water, as directed by the Produced Water Act in 2019.

Regulations and Policies

New Mexico Environment Department, Water Resources & Management: New Mexico Environment Department has several regulations relevant to potable and non-potable reuse in the state.
New Mexico Energy, Minerals and Natural Resources Department, Oil and Gas Extraction Wastewater Management: New Mexico Energy, Minerals, and Natural Resources Department has developed regulations relevant to the reuse of water disposed from oil and natural gas projects. Groundwater recharge is covered by these regulations.
Water Project Finance Section; Implementation of state water plan (New Mexico Statutes §72-4A-9): New Mexico Statutes’ Water Project Finance Section has developed the Project Fund Act. This law provides low cost loans for projects related to water conservation and recycling, flood prevention, endangered species, water storage and delivery, and watershed restoration and management. This is relevant to aquifer recharge water reuse.
Water Conservation Plans; municipalities, counties and water suppliers. (New Mexico Statutes §72-14-3.2): New Mexico Statutes defines that “Covered entities” (i.e. water providers of at least five hundred acre-feet annually to municipal users) must submit a water conservation plan to the state engineer in order to be eligible for financial assistance from the Water Trust Board or the New Mexico Finance Authority. This document pertains to Ecological Restoration.
State Water Plan Authorization (New Mexico Statutes §72-14-3.1): New Mexico Statutes defines that the interstate stream commission, the office of the state engineer, and water trust board are tasked with creating and implementing a comprehensive state water plan, including elements such as: water conservation, water reuse, land use considerations, cooperation with local governments, drought management, and several other topics. This pertains to non-potable water reuse.

New Hampshire

The New Hampshire Department of Environmental Services (NHDES) developed a guidance document to describe how certain uses of reclaimed water from wastewater treatment plants are regulated in New Hampshire. The document provides guidance for the use of reclaimed water to recharge aquifers, irrigate crops and/or turf at golf courses, and snowmaking.

Policy

NHDES, Land Treatment and Disposal of Reclaimed Wastewater: Guidance for Groundwater Discharge Permitting: This document provides guidance for obtaining permits.

Hawaii

Water in the State of Hawaii is recycled for a range of non-potable applications. In 2016, the Hawaii Department of Health revised its guidelines for water reuse, which include technical requirements and application processes for various qualities of recycled water, requirements to construct or modify a wastewater reclamation facility, and best practices for reuse of graywater.

Regulations and Policies

Reuse Guidelines- Volume 1: Recycled Water Facilities: Volume 1 addresses technical requirements that must be met for the various qualities of recycled water as well as requirements to construct or modify a wastewater reclamation facility (WWRF).

Reuse Guidelines- Volume 2: Recycled Water Projects: Volume 2 covers the application process to use recycled water for purposes such as irrigation, dust control, cleaning, and fire-fighting and establishes best management practices that apply to the end user.

Guidelines for the Reuse of Graywater: These guidelines detail the acceptable uses of graywater, including discharge from showers, bathtubs, hand-washing lavatories, and washing machines, as well as considerations for design and system maintenance.

Hawaii Department of Health, Recycled Water Program: The Department of Health administers the recycled water program.

Montana

Montana Department of Environmental Quality (MDEQ) regulates the reuse of graywater and wastewater for non-potable functions such as irrigation and toilet flushing. An MDEQ circular from 2018 sets forth required treatment and water quality requirements for the various classes of reclaimed wastewater, describes the class of reclaimed wastewater required for each allowable use. The circular also outlines requirements to ensure an adequate demonstration of public health and environmental protection.

Policies

Circular DEQ-2, Design Standards for Public Sewage Systems: Chapter 121 provides requirements for reclaimed water.
Rule 17.36.319, Gray Water Reuse: Chapter 36 details permitting for gray water systems and onsite subsurface wastewater treatment.

Minnesota

Water reuse is happening across Minnesota, but there is no comprehensive statewide guidance or policy on water reuse. An interagency workgroup formed in 2015 in response to interest in water reuse, a legislative directive and funding support. State agencies, Metropolitan Council, the University of Minnesota and stakeholders in the water reuse community worked together to develop a report that serves as a foundation for advancing safe and sustainable reuse in Minnesota. The Minnesota Pollution Control Agency provides treatment design and storage requirements for permitting of water reuse projects.

Policies and Resources

Minnesota Department of Health, Water Reuse: The Department of Health details water reuse in Minnesota including recommendations of a workgroup formed to advance water reuse in the state.
Advancing Safe and Sustainable Water Reuse in Minnesota -2018 Report of the Interagency Workgroup of Water Reuse: The report discusses the current status of reuse policies in Minnesota for wastewater, stormwater and rainwater, and graywater reuse.
Minnesota Pollution Control Agency – Municipal Wastewater Reuse Fact Sheet: Minnesota Pollution Control Agency details various levels of municipal wastewater reuse and the relevant quality of treatment needed. This document pertains to industrial reuse, irrigation, and toilet/urinal flushing.
Minnesota Statutes, Chapter 115: Land use or spray irrigation of reclaimed water is permitted under Chapter 115 of the Minnesota Water Pollution Control; Sanitary Districts.

Massachusetts

Massachusetts Department of the Environment provides detailed standards for reuse in reclaimed water projects. Reclaimed water is used in landscaping, irrigation, and toilet flushing. In 2009, the state DEP established a Reclaimed Water Permit program that enabled large scale non-potable reuse. The state has since approved nearly a dozen large scale projects such as Gillette Stadium and the Wrentham Village Premium Outlets.

Regulations and Policies

Massachusetts Department of Environmental Protection, Massachusetts Reclaimed Water Information: Massachusetts Department of the Environment provides detailed standards for reuse in reclaimed water projects. Reclaimed water is used in landscaping, irrigation, and toilet flushing.
314 CMR 20: Reclaimed Water Permit Program and Standards: These regulations provide permitting guidance and standards for reclaimed water systems and the use/distribution of reclaimed water.
314 CMR 5.00: Ground Water Discharge Permit Program: These are regulations related to the discharge of groundwater and the reuse of wastewater.

Maryland

Maryland’s Ground Water Quality Standards include rules applicable to water recycling. Part A covers required approval of discharges. Part B classifies three types of groundwater aquifers based on transmissivity, permeability and total dissolved solids quality. The intent is to distinguish high quality aquifers and ensure their protection. Part C defines three categories of effluent water quality relative to the three types of groundwater aquifers. Part D provides guidelines for discharges to ground waters, and incorporates the Maryland Department of Environment’s “Guidelines for Land Application/Reuse of Treated Municipal Wastewaters” MDE-WMA-001-04/10, by reference.

Regulations and Policies

Code of Maryland Regulations, COMAR 26.08.02.09: Part D of the Ground Water Quality Standards provides “Guidelines for Land Application/Reuse of Treated Municipal Wastewaters.”
Guidelines for Land Application/Reuse of Treated Municipal Wastewaters (Class 1-3): Guidelines cover Class 1-3 reclaimed water.
Guidelines for Use of Class IV reclaimed water (High Potential for Human Content): Guidelines (Title 26) for highly treated Class IV reclaimed water generated from centralized wastewater treatment plants.
Department of the Environment, Maryland Water Reuse Laws, Regulation, and Guidelines: The Maryland Department of the Environment recognizes four levels of treated water quality that pertain to different acceptable reuses. This page has links to relevant policies relating to potable and non-potable reuse.

Louisiana

The Louisiana Reclaimed Water Law (Title 30, Chapter 17, Section 2391 et seq.) declares that the use of potable water for non-potable uses, including but not limited to cemeteries, golf courses, parks, highway landscaped areas, and industrial uses, is a waste of “our most precious natural resource.” The law requires the use of reclaimed waters if a source exists. The law may encourage facilities to reuse or reclaim wastewater thereby eliminating discharges to waters of the state.

Policy

Louisiana Reclaimed Water Law: This legislation encourages the use of recycled water in Louisiana.

Iowa

In 2018, Iowa established regulations to govern the reuse of treated effluent for golf course irrigation. Other types of landscape and agricultural irrigation seem to be permitted on a project-by-project basis.

Regulation

567 Iowa Administrative Code Chapter 62: Effluent and Pretreatment Standards: Iowa Administrative Code details effluent reuse for golf course irrigation.

Idaho

Idaho has been supporting reuse since 1988, and state Department of Environmental Quality (DEQ) data indicate that over 4 billion gallons of water are reused every year. Idaho has both reuse regulations and guidelines that include treatment and beneficial reuse of municipal and industrial wastewater. Water reuse by different types of land application facilities is allowed by state regulations. In 1988, Idaho’s Wastewater Land Application permitting rules were promulgated and guidance was developed. Idaho has a public advisory working group that meets periodically to advise guidance development and review existing and future reuse guidance. In 2011 reuse regulations were updated, and the name of the rules changed to Recycled Water Rules (IDAPA 58.01.17).

Regulations and Policies

Recycled Water Rules (Idaho Administrative Code 58.01.17): This rule applies to municipal dischargers, industrial dischargers, facilitates, organizations, and individuals seeking a land application or recycled water permit. The rule provides procedures and requirements for obtaining a “reuse permit.”
Reuse Permitting (Idaho Department of Environmental Quality): Two types of reuse permits are issued—industrial and municipal. Industrial permits regulate reuse from operations such as food processing facilities. Municipal permits regulate reuse containing treated effluent.

Delaware

Recycled water has been used for irrigation in Delaware for decades. The Department of Natural Resources and Environmental Control administers state regulations and permitting for the distribution of treated wastewater for irrigation.

Regulation

Spray Irrigation Systems: Spray irrigation of reclaimed water is permitted through the Large Systems Branch and can be used for agricultural fields, golf course, forests, parks, roadway medians, and cemeteries.

Alabama

Alabama has a history of water reuse citing back to 1975 with reclaimed water being reused primarily for irrigation. The state’s rules allow for Class A and Class B water, with different reuse applications applying to each. These regulations also explain how to apply for permits for reuse. Alabama’s Department of Environmental Management oversees the state’s regulation of water reuse.

Regulations

Reclaimed Water Reuse Program, Chapter 335-6-20: These regulations establish the procedures and requirements for pollution source permits for reclaimed water reuse facilities. Reclaimed water is defined as wastewater that has received treatment meeting the specific criteria and can be reused for beneficial irrigation of areas such as golf courses, residential and commercial landscaping, parks, athletic fields, roadway medians and landscape impoundments.

Nevada

In Nevada, the Division of Environmental Protection has promulgated rules governing water recycling for both potable and non-potable uses. Nevada DEP notes that reclaimed water can be treated to meet disinfection and water quality standards for a range of applications. There are six categories of reclaimed water in the state, based upon water quality. These include indirect potable reuse, various forms of irrigation, firefighting, and cooling, among other applications.

Regulation

Chapter 445 – Water Controls: These regulations define the uses of reclaimed water and determine water quality standards for different allowed uses.

Texas

Texas has the third highest reclaimed water flows in the country behind California and Florida. Water reuse goals are published under the State Water Plan, which is updated every five years to provide a new 50 year projection. Texas estimates that water reuse will account for 15 percent of the water supply in the coming decades. The first guidelines for water reuse were passed in 1997 and updated in 2009. There are two categories of non-potable reclaimed water (Type I and Type II) based on whether the water is appropriate for public contact or not. The Texas Administrative Code also includes regulations for the use of graywater and some alternative sources in onsite or decentralized reuse systems. There are no specific water quality standards for potable reuse and therefore these projects are approved on a case by case basis.

Policies and Regulations

Texas Water Development Board, Water Reuse: The Texas Water Development Board has information on recent research projects and resource related to both potable and non-potable reuse.
Water Use Survey Requirement (Texas Water Code § 16.012): The Texas Water Development Board annually collects information about the use of water, including reuse.
30 Texas Administrative Code Chapter 210- Use of Reclaimed Water: This regulation outlines general provisions for reclaimed water and provides rules for water quality and use.
30 Texas Administrative Code Chapter 321, Subchapter P: This Chapter of Texas Administrative Code provides authorization procedures, general design criteria, and operational requirements for reclaimed water production facilities.
30 Texas Administrative Code Chapter 321, Graywater and Onsite Systems: This Chapter provides rules for graywater and alternative onsite water.
§5.102: This Chapter of the Texas Administrative Code defines the Texas Water Development Board (TWDB) and the rules that guide them. TWDB policy pertains to both potable and non-potable reuse.
§26.011: This Chapter of Texas Administrative Code defines the administrative provisions of the Texas Water Development Board in regards to Water Quality Control.

New Mexico

Policy and Regulations

New Mexico Energy, Minerals and Natural Resources Department, Oil and Gas Extraction Wastewater Management | New Mexico Energy, Minerals and Natural Resources Department

New Mexico Energy, Minerals, and Natural Resources Department has developed regulations relevant to the reuse of water disposed from Oil and Natural Gas projects. Groundwater recharge is encompassed by these regulations.

New Mexico Environment Department, Water Resources & Management | New Mexico Environment Department

New Mexico Environment Department has several regulations relevant to potable and non potable reuse in the state.

Water Project Finance Section; Implementation of state water plan (New Mexico Statutes §72-4A-9) | New Mexico Statutes

New Mexico Statutes’ Water Project Finance Section has developed the Project Fund Act. This law provides low cost loans for projects related to water conservation and recycling, flood prevention, endangered species, water storage and delivery, and watershed restoration and management. This is relevant to aquifer recharge water reuse.

Water Conservation Plans; municipalities, counties and water suppliers. (New Mexico Statutes §72-14-3.2) | New Mexico Statutes

New Mexico Statutes defines that “Covered entities” (i.e. water providers of at least five hundred acre-feet annually to municipal users) must submit a water conservation plan to the state engineer in order to be eligible for financial assistance from the Water Trust Board or the New Mexico Finance Authority. This document pertains to Ecological Restoration.

State Water Plan Authorization (New Mexico Statutes §72-14-3.1) | New Mexico Statutes

New Mexico Statutes defines that the interstate stream commission, the office of the state engineer, and water trust board are tasked with creating and implementing a comprehensive state water plan, including elements such as: water conservation, water reuse, land use considerations, cooperation with local governments, drought management, and several other topics. This pertains to non potable water reuse.

General Information

2018 New Mexico State Water Plan

Permitting of Potable Reuse

Recommendation

Background

Benefits

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