Requirements for Privately Owned Reclaimed Water Systems

(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.