The Regulatory Framework

The Regulatory Framework

Water reuse project objectives How Do MN Agencies Currently Manage Water Reuse? Agency Roles Regulation by Source What Have We Heard?

Agency roles and responsibilities

Department of Health (MDH) Agency s primary role Statutory authority Guidance Focus on safe water use and Drinking water safety Source Water Protection drinking water protection; Administers Minnesota o Source Water charged with implementing Well Code Assessments the federal Safe Drinking Water Act. o Standards for wells and borings Evaluating safety of common rainwater and o Well driller licensing and oversight stormwater reuse installations Wellhead Protection Areas; WHPA Plans Controls infiltration in sensitive groundwater areas Establishes health risk limits for contaminants in drinking water

Department of Natural Resources (DNR) Agency s primary role Statutory authority Guidance Focus on water supply planning and management, water conservation, and habitat protection Water appropriation permitting most uses of > 10,000 gallons per day or 1 million gallons per year require appropriation permit Fee exemption for projects using stormwater Ecosystem protection Public water supply plans - oversight Minn. Stat. 103G Water supply planning and conservation assistance

Department of Labor & Industry (DLI) Agency s primary role Statutory authority Guidance Focus on building safety, safe water use within buildings, cross-connection prevention, and drainage systems. Administers the plumbing code and other construction codes and licensing requirements, occupational safety and health. Administers Minnesota Plumbing Code (2015), based on the Uniform Plumbing Code: Rainwater catchment systems Plumbing fixtures Building water supply systems Backflow prevention Storm drainage/sewer systems to point of disposal Minn. Rules 4714 Plumbing Board adopts plumbing code and reviews variance applications for nonstandard reuse practices (i.e., graywater, stormwater)

MN Pollution Control Agency (MPCA) Agency s primary role Statutory authority Guidance Primary responsibility for water quality protection; charged with implementing the federal Clean Water Act through a cooperative agreement with the US EPA. NPDES permitting program MS4 stormwater permitting Construction stormwater permitting Industrial stormwater permitting Wastewater discharge permitting State disposal system permits for subsurface or land discharge of wastewater Development of water quality standards Impaired waters assessments and development of TMDLs to address identified impairments Minn. Stat. 115 Minn. Rules 7001 (NPDES), 7050 (Water Quality Standards), 7052 (Lake Superior Water Standards, 7080 (ISTS) Develops and maintains Minnesota Stormwater Manual Developing guidance for stormwater harvesting Developed Minimal Impact Design Standards: performance goals, standards, calculator and ordinance guidance for a higher level of stormwater management that mimics a site s natural hydrology Applies California wastewater reuse standards on a case-bycase basis

Department of Agriculture(MDA) Agency s primary role Statutory authority Guidance Protecting the safety of the state s food supply by overseeing its production, manufacturing, processing, selling, handling, and storage. Protecting groundwater from pesticide and fertilizer contamination. End use applications that involve food crops or food processing Implements federal food safety regulations within state Fertilizer and pesticide use Minn. Stat. 31 Food Minn. Stat. 34A Food Law (inspections) Minn. Stat 32 Dairy Products Minn. Rules 4626 Food Code Federal Produce Safety Rule 21 DFR 112 Federal Sanitation Performance Standards 9 CFR 416.2(g) Minn. Stat. 103H, Groundwater Protection Technical support to crop producers, food processers, and food marketers in the safety of water supplies. Fertilizer and pesticide best management practices for crops and turf Irrigation management technical support with U of M Provides educational nitrate testing for domestic water systems Technical support to MDH and MPCA in establishing risk limits for contaminants

Board of Water and Soil Resources Agency s primary role Statutory authority Guidance Improve and protect Minnesota's water and soil resources by working in partnership with local organizations and private landowners. Core functions include implementing the state's soil and water conservation policy, comprehensive local water management, and the Wetland Conservation Act Direct soil and water conservation programs through actions of LGUs, SWCDs, watershed districts, etc. Administer Wetland Conservation Act Coordinate local water/watershed management plans Minn. Stat. 103B, 103C, 103D, 103F, 103G Technical assistance and grants to private landowners, LGUs, SWCDs, watershed districts, etc. Cost-share to landowners for conservation practices

Agency roles and responsibilities MDH: Safe Drinking Water Act: protecting source to tap; well code; public health standards DNR: Water appropriation permits; ecosystem protection, water supply planning and conservation DLI: In-building and drainage oversight through Plumbing Code; variances MPCA: Clean Water Act: water quality standards; wastewater permitting; stormwater permitting MDA: Food safety regulations, food processing and crops BWSR: Clean water funding and guidance on urban and agricultural runoff

Type Source Collection/ Storage Rainwater Precipitation Rooftops, cisterns Filtration, disinfection Stormwater Precipitation Basins, ponds, cisterns Treatment Discharge Examples of Reuse Options Filtration, disinfection Runoff, infiltration, discharge Runoff, infiltration, discharge Irrigation Toilet flushing Cooling water Accelerated infiltration for recharge Graywater Household sources (limited) Plumbing fixtures, tanks Filtration, disinfection See wastewater Wastewater Domestic Household sources (all), light commercial, light industrial (similar to domestic) Sewer collection system On-site (septic) tanks Tanks Primary, secondary, tertiary, full - advanced Surface water Subsurface discharge; Land discharge (e.g., spray irrigation, Irrigation: Surface Subsurface Toilet flushing Cooling water Accelerated infiltration for recharge Indirect potable (IPR) Direct potable (DPR) Industrial Process Water Industrial processes Tanks, ponds, etc. Varies Industrial wastewater Varies wash water, cooling, process water, etc. Subsurface Water Groundwater found in mining, buildings, construction sites, roads Not generally stored Not generally treated varies greatly in quality depending on source Surface discharge Irrigation Toilet flushing Cooling water Augment water supply Injection for pollution containment

The treatment train - stormwater Source Capture/storage Treatment Distribution Discharge or Reuse (end use) DLI drainage systems regulated up to legal point of disposal DLI drainage/collection from roof/rainwater catchment systems regulated through MN Plumbing Code DNR appropriation permit (> 10,000 GPD or 1 million gallons per year) at the point the water is taken for use. Exempt from water use fees MPCA permitting of stormwater discharges under NPDES (federal) authority, based on volume reduction and water quality standards

The treatment train - wastewater Treatment Discharge or Reuse (end use) MPCA municipal, industrial NPDES discharge to surface water State Disposal System Permit subsurface or land discharge MPCA reuse guidance CA Title 17 and 22 regs end use dictates treatment Local government: regulates through ISTS permits for systems of <10,000 gpd MDH well code separation requirements DLI if public sewer/public water available, must use; otherwise need MPCA approval. Variance needed for inbuilding use of reclaimed water

The treatment train - graywater MPCA ISTS and SSTS rules; specific technical requirements for graywater, mainly for cabins, etc. without flush toiles standards for septic tanks, pumps and dispersal in trenches, seepage beds, mounds, or atgrade systems. MDH well code separation requirements DLI variance from Plumbing Code needed for indoor use.

The treatment train subsurface water DNR - appropriation permits for some activities: Mine dewatering Quarry dewatering Sand/gravel pit dewatering Groundwater dewatering (wastewater treatment plants, building basements, etc.) Construction dewatering Pollution containment MDH Well code A dewatering well must not be used for a purpose other than dewatering, or allowed to connect to a potable water system.

Barriers to water reuse Cost Operation & Maintenance Regulatory/Code Issues Lack of Design Standards Contractor Unfamiliarity Lack of Water Quality Standards Public Perception Public Health Concerns

Resources Needed Financial Resources/Incentives Design Standards Technical Assistance Examples of successful ordinances/rules Information on Treatment Options Case Studies Peer Experiences Applicable Water Quality Standards

Defining successful reuse Integration of governance Clear regulatory pathway Integration into infrastructure and services Quantified benefit to water resources Safe, sustainable, and sanitary systems Economically feasible Continued research and technical expertise available Reuse is common practice

EPA 2012 Guidelines for Water Reuse