Section 0400-40-06-.10 - NON-POTABLE REUSE(1) Scope. (a) T.C.A. § 69-3-108(e) requires applicants for a new or expanded wastewater discharge to surface waters to consider alternatives to discharge, including land application and beneficial reuse of treated wastewater. This rule governs non-potable reuse of reclaimed wastewater, which may be authorized in a stand-alone SOP, an amendment to an existing SOP, or in an NPDES permit. Non-potable reuse is a conservation activity that replaces the use of more highly treated water, especially potable drinking water, with wastewater treated to a lesser, but sufficient, degree for safe and efficacious reuse. Reclaimed wastewater reused for irrigation shall not be applied in excess of the evaporation rate plus the uptake rate of vegetation in the immediate distribution area to ensure there is no unpermitted discharge. Reclaimed wastewater reused as flushing water in residential neighborhoods shall be provided in distribution systems separate from those for potable water and returned to the appropriate wastewater collection system.(b) The following activities do not constitute reuse of reclaimed wastewater within the scope of this rule:1. Land application that uses the soil as a means of additional treatment of the wastewater produced by a treatment system authorized pursuant to this chapter;2. Reclamation and reuse of harvested rainwater or stormwater;3. Reclaimed wastewater produced and utilized on-site by the same treatment system (e.g., wastewater treatment plant-water system);4. Industrial effluent created prior to final treatment and used for water re-circulation for step-washing or other processes, or reuse systems located on the same property as the industrial facility;5. Potable reuse of reclaimed wastewater;6. The reuse of reclaimed wastewater to fill residential or public swimming pools, hot tubs, wading pools, or splash pads;7. The reuse of reclaimed wastewater for food preparation or incorporation as an ingredient in food or beverages for human consumption;8. The resale or delivery of reclaimed wastewater to another entity without initial prior approval from the Commissioner by modification of the NPDES permit or SOP authorizing reclaimed water sales, and the subsequent contracting with other endusers without execution of the approved permit;9. Reuse in impoundments with restricted access or with unrestricted access, environmental reuse, and groundwater recharge for non-potable reuse. Impoundments intended for temporary storage of reclaimed water as part of the delivery system are not subject to regulation under this rule; and10. Agricultural reuse for food crops or for processed food crops and non-food crops.(c) Excess utilization of reclaimed wastewater resulting in ponding, a nuisance to adjacent properties, or discharge to waters of the state is prohibited.(2) Application and Review.(a) Engineering Reports, Plans and Specifications. An applicant seeking authorization for the new or expanded reuse of reclaimed wastewater shall comply with the requirements of Chapter 0400-40-02 for submission and fee requirements. The permittee shall generate standard specifications, submit proposed standard specifications to the Commissioner for approval, and use the approved standard specifications to design and construct its reclaimed wastewater distribution system. In addition, the following minimum design requirements apply:
1. Any pipe conveying reclaimed wastewater for reuse must be clearly distinguished from potable water distribution systems, wastewater collection systems, and stormwater conveyance systems. The use of magenta, "purple pipe," or similar painting scheme of fittings, valves, hydrants, and other appurtenances is an acceptable method, but other methods may be used if approved by the Commissioner. It is the responsibility of the utility delivering reclaimed water to ensure affected persons are aware of the system distinctions.2. Reclaimed and potable water systems should be located at least 10 feet horizontally, or at least 18 inches vertically, apart from each other if practicable. However, if reclaimed wastewater and potable water systems are located within 10 feet horizontally and 18 inches vertically of each other, the non-potable reclaimed wastewater system shall be treated as if it were conveying wastewater that does not meet the treatment requirements of subparagraph (3)(c) of this rule.
(b) Reclaimed Wastewater Management Plan. An applicant seeking authorization for the new or expanded reuse of reclaimed wastewater shall submit a Reclaimed Wastewater Management Plan (RWMP) with its permit application. An applicant for renewal of a permit for reuse of reclaimed wastewater shall submit an updated RWMP if there is a material change in end user requirements from the prior submission. Material changes include changes to water quality, delivery pressure, or delivery location, and whenever the end user becomes a purveyor of reclaimed wastewater. At a minimum, the RWMP shall address:
1. The proposed treatment for reclaimed wastewater and the proposed treatment for wastewater to be treated under an NPDES permit or land application permit;2. Storage and distribution of the reclaimed wastewater for reuse;3. Schematic process flow diagrams and map of service areas;4. Processes for approval of system expansion;5. Procedures to meter reclaimed wastewater for reuse delivered to each end user;6. Procedures for monitoring and reporting end user compliance;7. Components of an education program for end users to contribute to the safe use of the system as well as program requirements to meet cross-connection and backflow prevention requirements;8. Contingency plan for the disposition of treated wastewater in the event that reuse opportunities are not available at some point in the future; and9. Standard specifications and plans for the reclaimed wastewater distribution system.(c) End User Service Agreements. The application shall include the proposed form of end user service agreements between the provider of reclaimed wastewater for reuse and the end user for each metered recipient. The end user service agreement shall establish:
1. End user control over rates of delivery of reclaimed wastewater for reuse, including the minimum and maximum delivery rates and any applicable conditions for determining such rates;2. Standards of water quality for the reclaimed wastewater to be delivered to the end user, including the monitoring location and the frequency of sampling and analysis;3. Acknowledgment by the end user of its responsibilities with respect to the appropriate and legal use of the reclaimed wastewater;4. Service agreement termination provisions; and5. If an end user becomes a provider of reclaimed water to a follow-on end user, the first end user must follow all provisions of this rule as a purveyor of reclaimed water, including but not limited to obtaining an SOP, submission of the RWMP, and issuing follow-on end user service agreements between the end user and the customer.(d) Demonstrated Availability of Alternatives to Reuse.1. Only demonstrated, consistent, year-round reuse demands can be counted toward wasteload commitments to reduce the amount of wastewater subject to discharge or land application permits. Only those reuse demands satisfying the reclaimed water purveyor's requirements and under its ownership, or subject to a long-term contract that equals or exceeds the permit term, may be considered as meeting wasteload commitments. The Commissioner may require documentation of five years of demonstrated year-round irrigation to demonstrate consistent reuse demands.2. New or expanded reuse of reclaimed wastewater will not be permitted unless the applicant demonstrates that sufficient alternatives are available in case the permitted reuse activity becomes unavailable during the permit term. Wasteload commitments based on reuse shall not exceed 25% of the total wasteload commitments, unless a contingency plan has been approved by the Commissioner to adequately address wastewater disposal needs in case the reuse option is not available in the future. Such alternative plans include, but are not limited to, land application permitted by a SOP and/or an NPDES-permitted discharge to surface waters. Conservation measures may be used on a temporary basis until an alternative can be implemented.(3) Special Conditions for Reuse of Reclaimed Wastewater.(a) The reclaimed wastewater for reuse must be fit for use by the end user, as defined by the end user service agreement.(b) The permittee shall implement the Commissioner-approved RWMP. If there are any material changes in end user requirements during the permit term, the permittee shall update the RWMP and submit it to the Division for review. Upon approval, the permittee shall implement the updated RWMP.(c) Notwithstanding any less stringent provisions established in the end user service agreement, the permittee shall comply with the following minimum standards and monitoring frequency: | Unrestricted Urban Reuse | Restricted Urban Reuse |
Parameter | Daily Limit | Monitoring Frequency See Note 1 | Daily Limit | Monitoring Frequency See Note 1 |
| | | | |
pH | 6.0-9.0 | Weekly See Note 2 | 6.0-9.0 | Weekly See Note 2 |
CBOD5 or NH3-N | 10 mg/L CBOD5 or 5 mg/L NH3-N | Weekly See Note 2 | 30 mg/L CBOD5 or 10 mg/L NH3-N | Weekly See Note 2 |
NTU or TSS | 5 NTU or 5 mg/L TSS | Continuous Daily See Note 2 | 30 mg/L TSS | Weekly See Note 2 |
E. coli | 23 cfu/100 mL | See Note 3 | 200 cfu/100 mL | See Note 3 |
Chlorine residual | Minimum of 1 mg/L | See Note 3 | Minimum of 1 mg/L | See Note 3 |
Note 1: The monitoring frequency may be increased due to special circumstances in the NPDES permit or SOP, as agreed upon in the end user service agreement, or as agreed by the reclaimed wastewater provider.
Note 2: pH, CBOD5/NH3-N, NTU/TSS values shall be measured at the effluent sampling point of the pump station into the reclaimed water distribution system or as otherwise indicated in the SOP or NPDES permit.
Note 3: Chlorine residual limits apply only upon failure to comply with E. coli limits more than 10% of the time for the previous month after there is a demonstration that the system can meet the delivery standards. The minimum chlorine residual and E. coli shall be measured at the point of release from the reclamation system (i.e., the delivery meter) to ensure it is maintained within the distribution system. Chlorine and E. coli minimum frequency of measurement is based on weekly applications the previous month, as follows:
Weekly application volume | Required measurement frequency |
</=100,000 gal per week | Once per week when activated |
>/=100,000 gal per week | Twice per week when activated |
>/=1,000,000 gal per week | Daily when activated |
(d) Monitoring and Reporting. 1. Monthly Operating Reports. The permittee shall submit electronic monthly operating reports no later than the fifteenth day of the following month, including:
(i) Results for all parameters per subparagraph (3)(c) of this rule;(ii) The volume of reclaimed wastewater delivered to each end user, including the overall total volume of reclaimed wastewater reused by the permittee; and(iii) Any discharges or releases of reclaimed wastewater from the transmission system including date, location, estimated volume, and response actions.2. The permittee shall report to the Division of Water Resources whenever it becomes aware of an end user in violation of the end user agreement.Tenn. Comp. R. & Regs. 0400-40-06-.10
New rules filed February 14, 2022; effective 5/15/2022.Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.