SF 74

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:10am

A bill for an act
relating to waters; providing standards for use of recycled water; appropriating
money; proposing coding for new law in Minnesota Statutes, chapter 103G.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [103G.901] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin For purposes of sections 103G.901 to 103G.903, the
terms used have the meanings given in this section.
new text end

new text begin Subd. 2. new text end

new text begin Approved laboratory. new text end

new text begin "Approved laboratory" means a laboratory certified
by the Department of Health to perform microbiological analyses.
new text end

new text begin Subd. 3. new text end

new text begin Coagulated wastewater. new text end

new text begin "Coagulated wastewater" means oxidized
wastewater in which colloidal and finely divided suspended matter have been destabilized
and agglomerated upstream from a filter by the addition of suitable floc-forming chemicals.
new text end

new text begin Subd. 4. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of the Pollution
Control Agency.
new text end

new text begin Subd. 5. new text end

new text begin Conventional treatment. new text end

new text begin "Conventional treatment" means a treatment
chain that uses a sedimentation unit process between the coagulation and filtration
processes and produces an effluent that meets the definition for disinfected tertiary
recycled water.
new text end

new text begin Subd. 6. new text end

new text begin Disinfected secondary-2.2 recycled water. new text end

new text begin "Disinfected secondary-2.2
recycled water" means recycled water that has been oxidized and disinfected so that
the median concentration of total coliform bacteria in the disinfected effluent does not
exceed a most probable number (MPN) of 2.2 per 100 milliliters using the bacteriological
results of the last seven days for which analyses have been completed, and the number
of total coliform bacteria does not exceed an MPN of 23 per 100 milliliters in more than
one sample in any 30-day period.
new text end

new text begin Subd. 7. new text end

new text begin Disinfected secondary-23 recycled water. new text end

new text begin "Disinfected secondary-23
recycled water" means recycled water that has been oxidized and disinfected so that
the median concentration of total coliform bacteria in the disinfected effluent does not
exceed a most probable number (MPN) of 23 per 100 milliliters using the bacteriological
results of the last seven days for which analyses have been completed, and the number of
total coliform bacteria does not exceed an MPN of 240 per 100 milliliters in more than
one sample in any 30-day period.
new text end

new text begin Subd. 8. new text end

new text begin Disinfected tertiary recycled water. new text end

new text begin "Disinfected tertiary recycled water"
means a filtered and subsequently disinfected wastewater that meets the following criteria:
new text end

new text begin (1) the filtered wastewater has been disinfected by:
new text end

new text begin (i) a chlorine disinfection process following filtration that provides a CT value (the
product of total chlorine residual and modal contact time measured at the same point) of
not less than 450 milligram-minutes per liter at all times with a modal contact time of at
least 90 minutes, based on peak dry weather design flow; or
new text end

new text begin (ii) a disinfection process that, when combined with the filtration process, has been
demonstrated to inactivate or remove 99.999 percent of the plaque-forming units of
F-specific bacteriophage MS-2 or polio virus in the wastewater. A virus that is at least as
resistant to disinfection as polio virus may be used for purposes of the demonstration; and
new text end

new text begin (2) the median concentration of total coliform bacteria measured in the disinfected
effluent does not exceed a most probable number (MPN) of 2.2 per 100 milliliters using
the bacteriological results of the last seven days for which analyses have been completed
and the number of total coliform bacteria does not exceed an MPN of 23 per 100 milliliters
in more than one sample in any 30-day period. No sample shall exceed an MPN of 240
total coliform bacteria per 100 milliliters.
new text end

new text begin Subd. 9. new text end

new text begin Drift. new text end

new text begin "Drift" means the water that escapes to the atmosphere as water
droplets from a cooling system.
new text end

new text begin Subd. 10. new text end

new text begin Drift eliminator. new text end

new text begin "Drift eliminator" means a feature of a cooling system
that reduces to a minimum the generation of drift from the system.
new text end

new text begin Subd. 11. new text end

new text begin F-specific bacteriophage MS-2. new text end

new text begin "F-specific bacteriophage MS-2"
means a strain of a specific type of virus that infects coliform bacteria that is traceable
to the American Type Culture Collection (ATCC 15597B1) and is grown on lawns of E.
coli (ATCC 15597).
new text end

new text begin Subd. 12. new text end

new text begin Facility. new text end

new text begin "Facility" means any type of building or structure or a defined
area of specific use that receives water for domestic use from a public water supply as
defined in section 144.382.
new text end

new text begin Subd. 13. new text end

new text begin Filtered wastewater. new text end

new text begin "Filtered wastewater" means an oxidized
wastewater that:
new text end

new text begin (1) has been coagulated and passed through natural undisturbed soils or a bed of
filter media:
new text end

new text begin (i) at a rate that does not exceed five gallons per minute per square foot of surface
area in mono, dual, or mixed media gravity, upflow, or pressure filtration systems or does
not exceed two gallons per minute per square foot of surface area in traveling bridge
automatic backwash filters; and
new text end

new text begin (ii) so that the turbidity of the filtered wastewater does not exceed an average of
two NTU within a 24-hour period; five NTU more than five percent of the time within a
24-hour period; and 10 NTU at any time; or
new text end

new text begin (2) has been passed through a microfiltration, ultrafiltration, nanofiltration, or reverse
osmosis membrane so that the turbidity of the filtered wastewater does not exceed 0.2
NTU more than five percent of the time within a 24-hour period and does not exceed 0.5
NTU at any time.
new text end

new text begin Subd. 14. new text end

new text begin Graywater. new text end

new text begin "Graywater" means wastewater that does not include toilet
waste, including:
new text end

new text begin (1) household wastewater used for bathing, laundry, and culinary operations; and
new text end

new text begin (2) commercial wastewater from car washes, commercial kitchens, and self-service
laundries.
new text end

new text begin Subd. 15. new text end

new text begin Landscape impoundment. new text end

new text begin "Landscape impoundment" means an
impoundment in which recycled water is stored or used for aesthetic enjoyment or
landscape irrigation or that otherwise serves a similar function and is not intended to
include public contact.
new text end

new text begin Subd. 16. new text end

new text begin Modal contact time. new text end

new text begin "Modal contact time" means the amount of time
elapsed between the time that a tracer, such as salt or dye, is injected into the influent at
the entrance to a chamber and the time that the highest concentration of the tracer is
observed in the effluent from the chamber.
new text end

new text begin Subd. 17. new text end

new text begin Nonrestricted recreational impoundment. new text end

new text begin "Nonrestricted recreational
impoundment" means an impoundment of recycled water for which no limitations are
imposed on body-contact water recreational activities.
new text end

new text begin Subd. 18. new text end

new text begin NTU. new text end

new text begin "NTU" means nephelometric turbidity unit, which is a measurement
of turbidity as determined by the ratio of the intensity of light scattered by the sample to
the intensity of incident light as measured by method 2130 B in Standard Methods for the
Examination of Water and Wastewater, Eaton, A. D., Clesceri, L. S., and Greenberg, A. E.,
eds., (Washington, DC: American Public Health Association, 1998).
new text end

new text begin Subd. 19. new text end

new text begin Oxidized wastewater. new text end

new text begin "Oxidized wastewater" means wastewater in which
the organic matter has been stabilized, is nonputrescible, and contains dissolved oxygen.
new text end

new text begin Subd. 20. new text end

new text begin Peak dry weather design flow. new text end

new text begin "Peak dry weather design flow" means
the arithmetic mean of the maximum peak flow rates sustained over a specific period of
time during the maximum 24-hour dry weather period. "Dry weather period" means
periods of little or no rainfall.
new text end

new text begin Subd. 21. new text end

new text begin Recycling plant. new text end

new text begin "Recycling plant" means an arrangement of devices,
structures, equipment, processes, and controls that produce recycled water.
new text end

new text begin Subd. 22. new text end

new text begin Restricted access golf course. new text end

new text begin "Restricted access golf course" means
a golf course where public access is controlled so that areas irrigated with recycled
water cannot be used as if they were part of a park, playground, or school yard and
where irrigation is conducted only in areas and during periods when the golf course is
not being used by golfers.
new text end

new text begin Subd. 23. new text end

new text begin Restricted recreational impoundment. new text end

new text begin "Restricted recreational
impoundment" means an impoundment of recycled water for which recreation is limited
to fishing, boating, and other non-body-contact water recreational activities.
new text end

new text begin Subd. 24. new text end

new text begin Storm water. new text end

new text begin "Storm water" means rain water or surface water.
new text end

new text begin Subd. 25. new text end

new text begin Undisinfected secondary recycled water. new text end

new text begin "Undisinfected secondary
recycled water" means oxidized wastewater.
new text end

new text begin Subd. 26. new text end

new text begin Use area. new text end

new text begin "Use area" means an area of recycled water use with defined
boundaries. A use area may contain one or more facilities.
new text end

Sec. 2.

new text begin [103G.9015] USES OF RECYCLED WATER.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin (a) This section applies only to recycled water from sources
that contain domestic waste, in whole or in part.
new text end

new text begin (b) This section does not apply to the use of recycled water on-site at a water
recycling plant or wastewater treatment plant if access by the public to the area of on-site
recycled water use is restricted.
new text end

new text begin Subd. 2. new text end

new text begin Irrigation. new text end

new text begin (a) Recycled water used for surface irrigation of the areas
specified in this paragraph must be disinfected tertiary recycled water, except that for
filtration according to section 103G.901, subdivision 13, clause (1), coagulation need not
be used as part of the treatment process if the filter effluent turbidity does not exceed two
NTU, the turbidity of the influent to the filters is continuously measured, the influent
turbidity does not exceed five NTU for more than 15 minutes and never exceeds ten
NTU, and there is the capability to automatically activate chemical addition or divert the
wastewater should the filter influent turbidity exceed five NTU for more than 15 minutes:
new text end

new text begin (1) parks and playgrounds;
new text end

new text begin (2) school yards;
new text end

new text begin (3) residential landscaping; and
new text end

new text begin (4) unrestricted access golf courses.
new text end

new text begin (b) Recycled water used for surface irrigation of the following must be at least
disinfected secondary-23 recycled water:
new text end

new text begin (1) cemeteries;
new text end

new text begin (2) freeway landscaping;
new text end

new text begin (3) restricted access golf courses;
new text end

new text begin (4) ornamental nursery stock and sod farms where access by the general public is
not restricted; and
new text end

new text begin (5) any nonedible vegetation when access is controlled so that the irrigated area
cannot be used as if it were part of a park, playground, or school yard.
new text end

new text begin (c) Recycled wastewater used for surface irrigation of the following must be at least
undisinfected secondary recycled water:
new text end

new text begin (1) non-food-bearing trees. Christmas tree farms are included in this category if no
irrigation with recycled water occurs for a period of 14 days before harvesting or allowing
access by the general public; and
new text end

new text begin (2) ornamental nursery stock and sod farms if no irrigation with recycled water
occurs for a period of 14 days before harvesting, retail sale, or allowing access by the
general public.
new text end

new text begin (d) No recycled water used for irrigation, or soil that has been irrigated with recycled
water, shall come into contact with the edible portion of food crops eaten raw by humans
unless the recycled water complies with paragraph (a).
new text end

new text begin Subd. 3. new text end

new text begin Impoundments. new text end

new text begin (a) Except as provided in paragraph (b), recycled water
used as a source of water supply for nonrestricted recreational impoundments must be
disinfected tertiary recycled water that has been subjected to conventional treatment.
new text end

new text begin (b) Disinfected tertiary recycled water that has not received conventional treatment
may be used for nonrestricted recreational impoundments if the recycled water is
monitored for the presence of pathogenic organisms as follows:
new text end

new text begin (1) during the first 12 months of operation and use, the recycled water must be
sampled and analyzed monthly for Giardia, enteric viruses, and Cryptosporidium.
Following the first 12 months of use, the recycled water must be sampled and analyzed
quarterly for Giardia, enteric viruses, and Cryptosporidium. The ongoing monitoring
may be discontinued after the first two years of operation with the approval of the
commissioner of health; and
new text end

new text begin (2) the samples must be taken at a point after disinfection and before the point where
the recycled water enters the use impoundment. The samples must be analyzed by an
approved laboratory and the results submitted quarterly to the commissioner of health.
new text end

new text begin (c) The total coliform bacteria concentrations in recycled water used for nonrestricted
recreational impoundments, measured at a point between the disinfection process and the
point of entry to the use impoundment, must comply with the criteria specified in section
103G.901, subdivision 8, clause (2), for disinfected tertiary recycled water.
new text end

new text begin (d) Recycled water used as a source of supply for restricted recreational
impoundments and for any publicly accessible impoundments at fish hatcheries must be at
least disinfected secondary-2.2 recycled water.
new text end

new text begin (e) Recycled water used as a source of supply for landscape impoundments that do
not use decorative fountains must be at least disinfected secondary-23 recycled water.
new text end

new text begin Subd. 4. new text end

new text begin Cooling. new text end

new text begin (a) Recycled water used for industrial or commercial cooling or
air conditioning that involves the use of a cooling tower, evaporative condenser, spraying,
or any mechanism that creates a mist must be disinfected tertiary recycled water.
new text end

new text begin (b) Use of recycled water for industrial or commercial cooling or air conditioning
that does not involve the use of a cooling tower, evaporative condenser, spraying, or any
mechanism that creates a mist must be at least disinfected secondary-23 recycled water.
new text end

new text begin (c) Whenever a cooling system, using recycled water in conjunction with an air
conditioning facility, uses a cooling tower or otherwise creates a mist that could come
into contact with employees or members of the public, the cooling system must comply
with the following:
new text end

new text begin (1) a drift eliminator must be used whenever the cooling system is in operation; and
new text end

new text begin (2) a chlorine or other biocide must be used to treat the cooling system recirculating
water to minimize the growth of Legionella and other microorganisms.
new text end

new text begin Subd. 5. new text end

new text begin Other purposes. new text end

new text begin (a) Recycled water used for the purposes specified in
this paragraph must be disinfected tertiary recycled water, except that for filtration being
provided according to section 103G.901, subdivision 13, clause (1), coagulation need not
be used as part of the treatment process if the filter effluent turbidity does not exceed two
NTU, the turbidity of the influent to the filters is continuously measured, the influent
turbidity does not exceed five NTU for more than 15 minutes and never exceeds ten
NTU, and there is the capability to automatically activate chemical addition or divert the
wastewater should the filter influent turbidity exceed five NTU for more than 15 minutes:
new text end

new text begin (1) flushing toilets and urinals;
new text end

new text begin (2) priming drain traps;
new text end

new text begin (3) industrial process water that may come into contact with workers;
new text end

new text begin (4) structural fire fighting;
new text end

new text begin (5) decorative fountains;
new text end

new text begin (6) commercial laundries;
new text end

new text begin (7) consolidation of backfill around potable water pipelines;
new text end

new text begin (8) artificial snowmaking for commercial outdoor use; and
new text end

new text begin (9) commercial car washes, including hand washes if the recycled water is not
heated, where the general public is excluded from the washing process.
new text end

new text begin (b) Recycled water used for the following uses must be at least disinfected
secondary-23 recycled water:
new text end

new text begin (1) industrial boiler feed;
new text end

new text begin (2) nonstructural fire fighting;
new text end

new text begin (3) backfill consolidation around nonpotable piping;
new text end

new text begin (4) soil compaction;
new text end

new text begin (5) mixing concrete;
new text end

new text begin (6) dust control on roads and streets;
new text end

new text begin (7) cleaning roads, sidewalks, and outdoor work areas; and
new text end

new text begin (8) industrial process water that will not come into contact with workers.
new text end

new text begin (c) Recycled water used for flushing sanitary sewers must be at least undisinfected
secondary recycled water.
new text end

Sec. 3.

new text begin [103G.9017] RECYCLED WATER; USE AREA REQUIREMENTS.
new text end

new text begin (a) No irrigation with disinfected tertiary recycled water shall take place within 50
feet of any domestic water supply well unless:
new text end

new text begin (1) a geological investigation demonstrates that an aquitard exists at the well
between the uppermost aquifer being drawn from and the ground surface;
new text end

new text begin (2) the well contains an annular seal that extends from the surface into the aquitard;
new text end

new text begin (3) the well is housed to prevent any recycled water spray from coming into contact
with the wellhead facilities;
new text end

new text begin (4) the ground surface immediately around the wellhead is contoured to allow
surface water to drain away from the well; and
new text end

new text begin (5) the owner of the well approves of the elimination of the buffer zone requirement.
new text end

new text begin (b) No impoundment of disinfected tertiary recycled water shall occur within 100
feet of any domestic water supply well.
new text end

new text begin (c) No irrigation with, or impoundment of, disinfected secondary-2.2 or disinfected
secondary-23 recycled water shall take place within 100 feet of any domestic water supply
well.
new text end

new text begin (d) No irrigation with, or impoundment of, undisinfected secondary recycled water
shall take place within 150 feet of any domestic water supply well.
new text end

new text begin (e) Any use of recycled water shall comply with the following:
new text end

new text begin (1) any irrigation runoff shall be confined to the recycled water use area, unless the
runoff does not pose a public health threat and is authorized by the commissioner of health;
new text end

new text begin (2) spray, mist, or runoff shall not enter dwellings, designated outdoor eating areas,
or food handling facilities; and
new text end

new text begin (3) drinking water fountains shall be protected against contact with recycled water
spray, mist, or runoff.
new text end

new text begin (f) No spray irrigation of any recycled water, other than disinfected tertiary recycled
water, shall take place within 100 feet of a residence or a place where public exposure
could be similar to that of a park, playground, or school yard.
new text end

new text begin (g) All use areas that are accessible to the public shall be posted with signs that
are visible to the public, in a size no less than four inches high by eight inches wide,
that include the following wording: "RECYCLED WATER - DO NOT DRINK." The
commissioner of health may accept alternative signage and wording, or an educational
program, provided the applicant demonstrates to the commissioner of health that the
alternative approach will ensure an equivalent degree of public notification.
new text end

new text begin (h) All plumbing installations must comply with Minnesota Rules, chapter 4715.
new text end

new text begin (i) Recycled water may be used for irrigation above grade only when no ground
frost is present.
new text end

Sec. 4.

new text begin [103G.9019] RECYCLED WATER; RECYCLING PLANT
REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Warrantied recycling plant. new text end

new text begin (a) A recycling plant may be installed
provided that it meets all local ordinance requirements and provided the requirements
of paragraphs (b) to (e) are met.
new text end

new text begin (b) The manufacturer shall provide to the commissioner: documentation showing
that a minimum of five of the manufacturer's recycling plants with similar design
capabilities have been installed and operated and are under normal use for a minimum
of three years.
new text end

new text begin (c) For each system that meets the requirements of paragraph (b), the manufacturer
must provide to the commissioner:
new text end

new text begin (1) documentation that the system manufacturer or designer will provide full
warranty effective for at least five years from the time of installation, covering design,
labor, and material costs to remedy failure to meet performance expectations for recycling
plants used and installed in accordance with the manufacturer's or designer's instructions;
and
new text end

new text begin (2) a commonly accepted financial assurance document or documentation of the
manufacturer's or designer's financial ability to cover potential replacement and upgrades
necessitated by failure of the recycling plant to meet the performance expectations for the
duration of the warranty period.
new text end

new text begin (d) The manufacturer shall reimburse the Pollution Control Agency $2,000 for
staff services needed to review the information submitted under paragraphs (b) and
(c). Reimbursements to the agency shall be deposited in the environmental fund and
are appropriated to the agency for the purpose of reviewing information submitted.
Reimbursement by the manufacturer shall precede, not be contingent upon, and shall
not affect the agency's decision on whether the submittal meets the requirements of
paragraphs (b) and (c).
new text end

new text begin (e) The manufacturer shall provide to the recycling plant owner reasonable
assurance of performance of the manufacturer's recycling plant, engineering design of the
manufacturer's recycling plant, a monitoring plan that will be provided to recycling plant
owners, and a mitigation plan that will be provided to recycling plant owners describing
actions to be taken if the recycling plant fails.
new text end

new text begin (f) The commissioner, after consultation with the commissioner of health, may
prohibit a recycling plant from qualifying for installation under this subdivision upon a
finding of fraud, recycling plant failure, failure to meet warranty conditions, or failure
to meet the requirements of this subdivision or other matters that fail to meet with the
intent and purpose of this subdivision. Prohibition of installation of a recycling plant by
the commissioner does not alter or end warranty obligations for recycling plants already
installed.
new text end

new text begin Subd. 2. new text end

new text begin Certified operators. new text end

new text begin (a) Except as provided under paragraph (b), recycling
plants may be operated only by individuals certified as wastewater treatment facility
operators under section 115.75.
new text end

new text begin (b) The operator of a recycling plant that utilizes only storm water for reuse need not
be certified as a wastewater treatment operator.
new text end

new text begin Subd. 3. new text end

new text begin Irrigation. new text end

new text begin Recycling plants supplying irrigation water for use above grade
must include an alternative disposal point for use during the nonirrigation season.
new text end

Sec. 5.

new text begin [103G.902] RECYCLED WATER; WATER PARKS.
new text end

new text begin Notwithstanding sections 103G.9015 and 103G.9017, a recreational water park may
dechlorinate water used in park rides, slides, or pools to be reused for irrigation. Irrigation
with water under this section shall not occur within 100 feet of any domestic water supply
well. Spray, mist, or runoff from irrigation under this section must not enter designated
outdoor eating areas or food handling facilities and drinking fountains must be protected
against contact with spray, mist, or runoff.
new text end

Sec. 6.

new text begin [103G.903] NATURAL TREATMENT PROCESS; NATURAL POOLS.
new text end

new text begin Notwithstanding Minnesota Rules, chapter 4717, or other law to the contrary, a
public pool may utilize natural treatment processes for filtration and purification provided
the treatment system is warrantied according to section 103G.9019, subdivision 1. Section
103G.9015, subdivision 3, paragraph (b), applies to natural pools under this section.
new text end