9 Va. Admin. Code § 25-740-100

Current through Register Vol. 41, No. 4, October 8, 2024

Section 9VAC25-740-100 - Application for permit

A. The need for an owner to obtain a permit or modification or reissuance of an existing permit from the department for a proposed or an existing reclamation system, reclaimed water distribution system, satellite reclamation system (SRS), or, as applicable, water reuse, shall be determined in accordance with 9VAC25-740-30. Where required, permit coverage for these systems or activities shall be provided in accordance with 9VAC25-740-40, contingent upon receipt of a complete application from the owner. The application shall contain supporting documentation and information required by subsections B and C of this section.

B. General information. For projects that involve water reclamation and the distribution of reclaimed water, the following information shall be submitted with an application for a permit. Information required for this subsection may be provided by referencing specific information previously submitted to the department unless changes have occurred that require the submission of new or more current information. For projects that involve exclusively the distribution of reclaimed water, information for only subdivisions 1, 2, and 5 of this subsection shall be submitted with an application for a permit.

1. A description of the design and a site plan showing operations and unit processes of the proposed project, including and as applicable, treatment, storage, distribution, reuse and disposal facilities, and reliability features and controls. Treatment works, reclamation systems and reclaimed water distribution systems previously permitted need not be included, unless they are directly tied into the new units or are critical to the understanding of the complete project. Design approaches shall be consistent with accepted engineering practice and any applicable state regulations.

2. A general location map, showing orientation of the project with reference to at least two geographic features (e.g., numbered roads, named streams or rivers, etc.). A general location map for a reclaimed water distribution system may be included in the map of a service area required in accordance with subdivision C 1 a of this section.

3. Information regarding each wastewater treatment works that diverts or will divert source water to the reclamation system to be permitted, including:

a. All unit processes used for the treatment of wastewater at the facility prior to diversion to the reclamation system;

b. Any SIUs that indirectly discharge to the wastewater treatment works; and

c. Analyses of the source water to be diverted by the facility to the reclamation system.

4. Information regarding the sewage collection system that diverts or will divert sewage to the SRS to be permitted, including:

a. The name of the sewage collection system and the owner of that system;

b. Any SIUs that discharge directly or indirectly to the collection line from which sewage will be diverted to the SRS, excluding any downstream SIUs whose discharge has no potential to backflow to the SRS intake. This information shall include the location of the SIUs and distance between the SIUs and the SRS along the sewage collection line or lines; and

c. Characterization of the sewage to be diverted from the sewage collection system to the SRS at the point of diversion. Analysis of the sewage may be required where SIUs described in subdivision 4 b of this subsection discharge to the sewage collection system.

5. Information regarding each reclamation system or SRS to be permitted, including:

a. The standards specified in 9VAC25-740-70 A to be achieved;

b. Any other physical, chemical, and biological characteristics and constituent concentrations that may affect the intended reuse of the reclaimed water with respect to adverse impacts to public health or the environment; and

c. Designated design flow.

6. For the purpose of determining any significant adverse impacts to other beneficial uses, information regarding the VPDES permitted wastewater treatment works or the sewage collection system that will provide a new or increased diversion of source water to a reclamation system or SRS for the production of reclaimed water and information, as applicable, regarding the SRS that includes:

a. The latitude and longitude of the treatment works discharge location to a surface water or the SRS return discharge location in the sewage collection system;

b. The mean monthly discharge of the treatment works or return discharge of the SRS for each month during the most recent 60 or more consecutive months at the time of application, or where this information is not available, estimated values for the mean monthly discharge of the treatment works or return discharge of the SRS for each month during a period of 12 consecutive months;

c. The maximum monthly diversion of source water from the treatment works to a reclamation system or from the sewage collection system to a SRS for each month during a period of 12 consecutive months;

d. Pertaining only to sewage collection systems that provide source water, the name of the treatment works at the terminus of the sewage collection system; and

e. The information specified in subdivisions 6 a, b, and c of this subsection for each increase in source water diverted by the treatment works or the sewage collection system to a reclamation system or SRS, respectively, among multiple increases to occur in planned phases, and the anticipated dates of the phased increases.

7. Information describing measures to be immediately implemented for the management of wastewater and reclaimed water by a conjunctive system in the event that primary reuses of reclaimed water generated by the system cease or fail, and where the system:

a. Relies primarily or completely on water reclamation and reuse to eliminate wastewater;

b. Relies on:

(1) Irrigation as the primary or only reuse of reclaimed water, or

(2) One or more large end users, each consuming a significant volume of reclaimed water, such that the ability of the conjunctive system to manage wastewater would be adversely impacted if any such end user were to discontinue receiving reclaimed water from the conjunctive system; and

c. Does not have the ability to implement two or more of the options described in 9VAC25-740-110 C 1.

8. Information required per subdivision 7 of this subsection shall be included in the reclaimed water management plan described in subsection C of this section where the conjunctive system is acting as a reclaimed water agent by directly distributing reclaimed water to an end user or end users, including an end user that is also the applicant or permittee.

9. Information, if applicable, regarding any type of proposed reuse not listed in this chapter, by which the department can evaluate the need to prescribe specific reclaimed water treatment and monitoring requirements in accordance with 9VAC25-740-90 B.

C. Reclaimed water management (RWM) plan.

1. A RWM plan shall be submitted in support of a permit application for a new or expanded reclamation system, SRS, or reclaimed water distribution system acting as a reclaimed water agent by directly distributing reclaimed water to an end user or end users, including an end user that is also the applicant or permittee. A RWM plan shall not be required for a reclamation system that distributes reclaimed water exclusively for indirect potable reuse. The RWM plan shall contain the following:

a. A description and map of the expected service area to be covered by the RWM plan for the term of the permit for the project (i.e., five years for a VPDES or 10 years for a VPA permit). The map shall identify all reuses according to reuse categories shown in 9VAC25-740-90 A or other categories for reuses that are or shall be authorized pursuant to 9VAC25-740-90 B, and their locations within the service area. The map shall also identify and show the location of all public potable water supply wells and springs, and public water supply intakes, within the boundaries of the service area. The description and map of the service area shall be updated by the permittee with each permit renewal.

b. A current inventory of impoundments, ponds or tanks that are used for system storage of reclaimed water and, as applicable, reject water storage under the control of the permittee, and nonsystem storage located within the service area of the RWM plan in accordance with 9VAC25-740-110 C 15.

c. A water balance that accounts for the volumes of reclaimed water to be generated, stored, reused and discharged (i.e., through a VPDES permitted outfall, back to a sewage collection system, or otherwise disposed). The water balance shall include projected volumes of seasonal and annual reclaimed water demand for each reuse category.

d. An example of service agreements or contracts to be established by the applicant or permittee with end users regarding implementation of and compliance with the RWM plan. A service agreement or contract shall contain conditions and requirements specified in subdivisions 3 b and c of this subsection and in 9VAC25-740-170 that apply to the particular planned reuse of each end user. Terms of the agreement shall require property owners to report to the applicant or permittee all potable and nonpotable water supply wells on their property and to comply with appropriate setback distances for wells where reclaimed water will be used on the same property. Within the agreement or contract, the applicant or permittee shall also reserve the right to perform routine or periodic inspections of an end user's reclaimed water reuses and storage facilities, and to terminate the agreement or contract and withdraw service for any failure by the end user to comply with the terms and conditions of the agreement or contract if corrective action for such failure is not taken by the end user.

e. A description of monitoring of end users by the applicant or permittee to verify compliance with the terms of their agreements or contracts. Monitoring shall include, at a minimum, metering the volume of reclaimed water consumed by end users.

f. An education and notification program required in accordance with 9VAC25-740-170 A.

g. A cross-connection and backflow prevention program that:

(1) Evaluates the potential for cross-connections of the reclaimed water distribution system to a potable water system and backflow to the reclaimed water distribution system from industrial end users;

(2) Evaluates the public health risks associated with possible backflow from industrial end users;

(3) Describes inspections to be performed by the applicant or permittee at the time end users connect to the reclaimed water distribution system and periodically thereafter to prevent cross-connections to a potable water system and backflow from industrial end users as determined necessary through the program evaluation;

(4) Insures that cross-connection and backflow prevention design criteria specified in 9VAC25-740-110 B for reclaimed water distribution systems are implemented; and

(5) Requires a backflow prevention device on the reclaimed water service connection to an industrial end user, unless evaluation by the cross-connection and backflow prevention program determines that there is minimal risk to public health associated with possible backflow from the industrial end user or that there will be no backflow from the industrial end user capable of contaminating the reclaimed water supply.

h. A description of how the quality of reclaimed water in the reclaimed water distribution system shall be maintained to meet and, if determined necessary by the department, monitored to verify compliance with the minimum standard requirements specified in 9VAC25-740-90 for the intended reuse or reuses of the reclaimed water, excluding CAT standards. Where monitoring of reclaimed water in the distribution system is required, monitoring parameters and frequencies shall be determined by the department on a case-by-case basis.

i. Information specified in subdivision B 7 of this section for conjunctive systems described in subdivision B 8 of this section.

j. Where the applicant or permittee is the provider of reclaimed water, the exclusive end user of that reclaimed water and is not otherwise excluded under 9VAC25-740-50 A, information for only subdivisions 1 a, b, and c of this subsection is required.

2. All irrigation reuses of reclaimed water shall be limited to supplemental irrigation.

3. Nutrient management requirements for irrigation reuse will be established in the RWM plan according to the concentration of total N and total P in the reclaimed water compared to biological nutrient removal (BNR) as defined in 9VAC25-740-10.

a. Except as specified in subdivision 4 of this subsection, a nutrient management plan (NMP) shall not be required for irrigation reuse of reclaimed water treated to achieve BNR or nutrient levels below BNR.

b. For bulk irrigation reuse of reclaimed water not treated to achieve BNR, a NMP shall be required of the end user.

(1) Where the applicant or permittee is the end user, the NMP shall be submitted with the RWM plan to the department and shall be the responsibility of the applicant or permittee to properly implement.

(2) Where the end user is other than the applicant or permittee, the NMP shall be required as a condition of the service agreement or contract specified in subdivision 1 d of this subsection between the applicant or permittee and the end user. The end user shall be responsible for obtaining, maintaining and following a current NMP; providing a copy of the most current NMP to the applicant or permittee prior to initiating bulk irrigation reuse of reclaimed water; and providing proof of compliance with the NMP at the request of the permittee.

c. For nonbulk irrigation reuse of reclaimed water not treated to achieve BNR, a NMP shall not be required. However, the RWM plan shall describe other measures to be implemented by the applicant or permittee to manage nutrient loads by nonbulk irrigation reuse of reclaimed water not treated to achieve BNR within the service area. These shall include, but are not limited to the following:

(1) The inclusion of language in the service agreement or contract specified in subdivision 1 d of this subsection, explaining proper use of the reclaimed water by the end user for the purpose of managing nutrients;

(2) Routine distribution of literature not less than annually, to individual nonbulk irrigation end users addressing the proper use of reclaimed water for irrigation in accordance with 9VAC25-740-170 A; and

(3) Monthly monitoring of N and P loads by nonbulk irrigation reuses to the service area of the RWM plan based on the total monthly metered nonbulk irrigation reuse of reclaimed water for the service area and the monthly average concentrations of total N and total P in the reclaimed water. Results of this monitoring shall be included in the annual report to the department submitted in accordance with 9VAC25-740-200 C.

4. Independent of the reclaimed water nutrient content, a NMP shall be required for a bulk irrigation reuse site where:

a. A wastewater treatment works, reclamation system, SRS, or reclaimed water distribution system and the irrigation reuse site or sites are under common ownership or management; and

b. In addition to irrigation reuse:

(1) There is no option to dispose of the reclaimed water through a VPDES permitted discharge, or

(2) There is an option to dispose of the reclaimed water through a VPDES permitted discharge, but the VPDES permit does not allow discharge of the full nutrient load under design flow (e.g., a treatment works with a VPDES permitted discharge implements water reclamation and reuse in lieu of providing treatment to meet nutrient effluent limits at design flow).

5. A NMP required per subdivision 4 of this subsection shall be approved by the Department of Conservation and Recreation (DCR) and submitted with the RWM plan to the department. The applicant or permittee shall be responsible for proper implementation of the NMP.

6. If required for a specific irrigation reuse, the NMP shall be prepared by a nutrient management planner certified by DCR and shall be maintained current in accordance with the Nutrient Management Training and Certification Regulations, 4VAC5-15. A copy of the NMP for each irrigation reuse site shall be maintained at the site or at a location central to all sites covered by the plan. Another copy shall be provided to and retained by the applicant or permittee.

7. A site plan is required for each bulk irrigation reuse site and area of proposed expansion to an existing irrigation reuse site, displayed on the most current U.S. Geological Survey topographic maps (7.5 minutes series, where available) and showing the following:

a. The boundaries of the irrigation site;

b. The location of all potable and nonpotable water supply wells and springs, public water supply intakes, occupied dwellings, property lines, areas accessible to the public, outdoor eating, drinking and bathing facilities; surface waters, including wetlands; limestone rock outcrops and sinkholes within 250 feet of the irrigation site; and

c. Setbacks areas around the irrigation site in accordance with 9VAC25-740-170.

8. The site plan for a bulk irrigation reuse site shall be prepared by:

a. The applicant or permittee for submission with the RWM plan to the department when the irrigation site is under common ownership or management with a wastewater treatment works, a reclamation system, SRS, or reclaimed water distribution system from which it receives reclaimed water for irrigation; or

b. The bulk irrigation end user for submission with the service agreement or contract between the end user and the applicant or permittee when the irrigation site is not under common ownership or management with a wastewater treatment works, a reclamation system, SRS, or reclaimed water distribution system from which it receives reclaimed water for irrigation.

9. For the addition of new end users or new reuses not contained in the original RWM plan submitted with the application for a permit, the permittee shall submit to the department for approval an amendment to the RWM plan identifying the new end users or new reuses prior to connection and reclaimed water service to the new end users or initiating the new reuses. For each new end user or new reuse, the permittee shall also provide all applicable information required by this subsection. Amendment of the RWM plan for the addition of new end users or new reuses after the issuance or reissuance of the permit shall not be considered a modification of the permit unless the new end users or new reuses will require the addition of different reclaimed water standards, monitoring requirements and conditions not contained in the permit.

D. Indirect potable reuse (IPR). For an application to permit an IPR project, the following additional information shall be submitted by the applicant or permittee to the department:

1. Identification of the following components of an IPR project:

a. The reclamation system that will produce reclaimed water discharged to the water supply source (WSS).

b. The WSS to which the reclamation system identified in subdivision 1 a of this subsection will discharge reclaimed water.

c. The waterworks that will withdraw water from the WSS identified in subdivision 1 b of this subsection to produce potable water.

2. Identification of all uses in addition to IPR of the WSS identified in subdivision 1 of this subsection. Such uses shall be those deemed acceptable by the Virginia Department of Health or the Waterworks Regulations (12VAC5-590).

3. A description of multiple barriers to be implemented by the reclamation system or waterworks, or both, to produce water of a quality suitable for IPR. Multiple barriers shall include at a minimum:

a. Source control and protection. This involves the control of contaminants with potential to adversely impact public health by preventing or minimizing the entry of these contaminants into the wastewater collection system prior to reclamation or the WSS prior to withdrawal by the waterworks. Source control and protection shall, at a minimum, address pretreatment requirements for SIUs in accordance with 9VAC25-740-150 E and education requirements in accordance with 9VAC25-740-170 A 1, and shall describe other measures to reduce the introduction of contaminants from domestic sources that may include, but are not limited to, community collection programs for hazardous wastes and unused pharmaceuticals.

b. Effective and reliable treatment. This involves the use of treatment processes at both the reclamation system and the waterworks that, in combination with any natural attenuation provided by the environmental buffer to be described per subdivision 3 c of this subsection, shall reliably achieve the water quality necessary for IPR. A description of reclamation system treatment processes for IPR may be satisfied by referencing application information submitted in accordance with subsection B of this section.

c. Environmental buffers and natural attenuation. This involves the use of an environmental buffer, such as a surface water used as a WSS, to provide further removal or degradation of certain contaminants when exposed to naturally occurring physical, chemical, and biological processes in the environment over time.

d. Monitoring programs. This involves monitoring at progressive stages of treatment or barriers of the project to verify that they are working effectively and reliably to achieve the necessary water quality for IPR.

e. Responses to adverse conditions. To address those circumstances where the reclamation system of the IPR project experiences a catastrophic treatment failure that cannot be corrected by subsequent treatment or barriers, or fails to produce reclaimed water meeting the standards or limits at the point of discharge to the WSS, the application for the IPR project shall contain:

(1) A contingency plan that describes all alternatives to be implemented in lieu of discharging the substandard reclaimed water to the WSS.

(2) A notification program for the reclamation system of the IPR project as described in 9VAC25-740-170 A 2.

4. An evaluation of the combined effectiveness of all the barriers described in subdivision 3 of this subsection to achieve the water quality necessary for IPR.

5. Any information deemed necessary by the department to establish reclaimed water standards and monitoring requirements for the IPR project in accordance with 9VAC25-740-90 B. This shall include, but is not limited to, residence or transport times, mixing ratios, and other applicable modeling of the reclamation system discharge or contaminants introduced by the discharge to the WSS.

6. A water balance for the reclamation system that accounts for the volumes of reclaimed water to be generated, stored, discharged to the WSS, and withdrawn for IPR.

7. Any change by the reclamation system to provide reclaimed water for other reuses or end users in addition to IPR shall require submission of a RWM plan in accordance with subdivision C 1 of this section. The water balance for the RWM plan shall include the water balance required per subdivision 6 of this subsection for the IPR project.

8. A copy of the contractual agreement established between the reclamation system and the waterworks of the IPR project, identifying the responsibilities of each party to implement multiple barriers described in accordance with subdivision 3 of this subsection, unless the reclamation system and waterworks are under common ownership or management.

9 Va. Admin. Code § 25-740-100

Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008; Amended, Virginia Register Volume 30, Issue 9, eff. January 29, 2014; Errata 30:11 VA.R. 1615 January 27, 2014; Amended, Virginia Register Volume 39, Issue 5, eff. 11/23/2022.

Statutory Authority: § 62.1-44.15 of the Code of Virginia.