Section 90. Minimum standard requirements for reuses of reclaimed water

A. Minimum standard requirements for reclaimed water shall be determined, in part, by the reuse or reuses of that water. For specific reuses, the minimum standard requirements of reclaimed water are provided in Table 90-A.

Table 90-A Minimum Standard Requirements for Reuses of Reclaimed Water
Reuse Category	Reuse	Minimum Standard Requirements a
1. Urban – Unrestricted Access	All types of landscape irrigation in public access areas (i.e., golf courses, cemeteries, public parks, school yards and athletic fields) Toilet flushing b Firefighting or protection and fire suppression b Outdoor reuse (i.e., lawn watering and noncommercial car washing) b Commercial car washes Commercial air conditioning systems	Level 1
2. Irrigation – Unrestricted Access c	Irrigation for any food crops not commercially processed, including crops eaten raw	Level 1
3. Irrigation – Restricted Access c, d, e	Irrigation for any food crops commercially processed	Level 2
	Irrigation for nonfood crops and turf, including fodder, fiber and seed crops; pasture for foraging livestock; sod farms; ornamental nurseries; and silviculture
4. Landscape Impoundments f	Potential for public access or contact	Level 1
	No potential for public access or contact	Level 2
5. Construction e	Soil compaction Dust control Washing aggregate Making concrete Irrigation to establish vegetative erosion control g	Level 2
6. Industrial e	Commercial laundries Ship ballast h	Level 1
	Livestock watering i Aquaculture j Stack scrubbing Street washing Boiler feed Once-through cooling k Recirculating cooling towers k	Level 2
aFor reclaimed industrial wastewater, minimum standards required shall be determined on a case-by-case basis relative to the proposed reuse or reuses. bThese reuses of reclaimed water are prohibited in accordance with 9VAC25-740-50 B 2 where they would involve the distribution of reclaimed water to a one-family or two-family dwelling in order to occur. cReclaimed water treated to Level 1 or 2 may be used for surface irrigation, including spray irrigation. Reclaimed water treated to Level 2 may be used for spray irrigation if the area to be irrigated restricts access to the public and has appropriate setbacks in accordance with 9VAC25-740-170. Reclaimed water treated to Level 1 or 2 may be used for irrigation of food crops eaten raw, excluding root crops, only when there will be no direct contact (or indirect contact via aerosol carry) between the reclaimed water and edible portions of the crop. dFor irrigation with reclaimed water treated to Level 2, the following shall be prohibited unless Level 1 disinfection is provided: 1. Grazing by milking animals on the irrigation reuse site for 15 days after irrigation with reclaimed water ceases, and 2. Harvesting, retail sale or allowing access by the general public to ornamental nursery stock or sod farms for 14 days after irrigation with reclaimed water ceases. eWorker contact with reclaimed water treated to Level 2 shall be minimized. Level 1 disinfection shall be provided when worker contact with reclaimed water is likely. fLandscape impoundments may also be used to store reclaimed water for other subsequent reuses of that reclaimed water, such as irrigation, if included in an inventory of reclaimed water storage facilities submitted to the board pursuant to 9VAC25-740-110 C 15. gIrrigation with reclaimed water to establish vegetative cover at a construction site shall be subject to requirements for irrigation reuse specified in 9VAC25-740-100 C. Continued irrigation of the same site following construction completion shall be subject to the minimum standard requirements of reuse category 1, 2, or 3 contained in this table, determined by the intended reuse of the irrigated site. hReuse of reclaimed water for ship ballast shall also comply with applicable federal regulations and standards governing the use and discharge of ship ballast. iLevel 1 disinfection shall be provided when the reclaimed water is consumed by milking livestock. jLevel 1 disinfection shall be provided for aquaculture production of fish to be consumed raw, such as sushi. kWindblown spray generated by once-through cooling or recirculating cooling towers using reclaimed water treated to Level 2, shall not reach areas accessible to workers or the public unless Level 1 disinfection is provided. See also setback requirements in 9VAC25-740-170 for open cooling towers.

B. For any type of reuse not listed in subsection A of this section, including, but not limited to, indirect potable reuse and below-ground drip irrigation reuse that is newly proposed after October 1, 2008, indirect nonpotable reuse that is newly proposed after January 29, 2014, or any reuse of reclaimed industrial water, including reuses listed in subsection A of this section, the board may prescribe specific reclaimed water standards and monitoring requirements needed to protect public health and the environment. When establishing these requirements for the proposed reuse, the board shall consider the following factors:

1. The risk of the proposed reuse to public health with specific input from the Virginia Department of Health;

2. The degree of public access and human exposure to reclaimed water by the proposed reuse;

3. The reclaimed water treatment necessary to prevent nuisance conditions by the proposed reuse;

4. The reclaimed water treatment necessary for the proposed reuse to comply with this and other applicable regulations of the board;

5. The potential for improper or unintended use of the reclaimed water;

6. Other federal or state laws, regulations and guidelines that would apply to the proposed reuse;

7. The similarity of the proposed reuse to reuses listed in this chapter with regard to potential impact to public health and the environment;

8. Whether the proposed reuse may be excluded or prohibited by 9VAC25-740-50; and

9. For new indirect potable reuse proposals, residence or transport time, mixing ratios, and other relevant information deemed necessary by the board.

C. For any indirect potable reuse (IPR) project that is newly proposed after January 29, 2014, the following are required:

1. A multiple barrier approach shall be used in the planning, design, and operation of the project. Multiple barriers to be employed for the project shall be described in the application for a permit in accordance with 9VAC25-740-100 D.

2. All reclaimed water generated by a reclamation system for IPR shall meet, at a minimum, Level 1 reclaimed water standards, reclaimed water standards developed pursuant to subsection B of this section, and any other standards that may apply, including but not limited to, the Water Quality Standards (9VAC25-260) and total maximum daily loads (TMDLs). Where there is more than one standard for the same pollutant, the more stringent standard shall apply.

3. The public health risks of and the need to impose new or more stringent reclaimed water standards for an IPR project shall be reevaluated with specific input from the Virginia Department of Health upon each renewal of the permit issued to the reclamation system that produces reclaimed water for the project. Factors to be considered in the reevaluation shall include, at a minimum, applicable factors contained in subsection B of this section.

4. All reclamation systems identified as a component of an IPR project in accordance with 9VAC25-740-100 D 1, including pump stations that are part of the reclamation systems, shall meet reliability requirements specified in 9VAC25-740-130 C.

5. VPDES permitted treatment works that have SIUs and provide source water for reclamation and subsequent IPR shall, if required, have a pretreatment program or a program equivalent to a pretreatment program in accordance with 9VAC25-740-150 E.

Historical Notes

Derived from Volume 24, Issue 26, eff. October 1, 2008; amended, Virginia Register Volume 30, Issue 09, eff. January 29, 2014.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.