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10 Social, Legal, and Regulatory Issues and Opportunities
Pages 165-192

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From page 165...
... Broadly speaking, the prior appropriation supplies have driven technological innovation in water doctrine evolved in regions where water has always treatment, storage, and conveyance that has created been scarce, and it provides a means of allocating water new opportunities to integrate reclaimed water into our in times of shortage according to the date that a right water systems. As one might expect in any field evolv- was perfected.
From page 166...
... a-c. been "developed."2 4 S enior water rights holders downstream from a municipal wastewater treatment plant alleged impairment as a result of the 1 S ee City of Thornton v.
From page 167...
... right resides in the "riparian" land owner, in contrast In summary, municipal wastewater treatment to the prior appropriation doctrine where land owners plant operators in many states have the right to reuse who are not adjacent to the water source can acquire wastewater effluent, but in others it may be necessary to water rights. The doctrine has evolved with changing procure water rights to do so.
From page 168...
... Code §§ 90.46.150, .160) , easing water reuse, where water rights for the use of the reclaimed water are obtained in a single permit with associated water quality and Department of Health provisions (Wash.
From page 169...
... The and storage. Drinking water regulations also affect the proposal would have used an aquifer that covered 115 degree of reclaimed water treatment required.
From page 170...
... Capturing contaminants at their industrial which was developed to reduce the discharge of in- source can be an efficient method of keeping these condustrial pollutants at their source. This program is stituents out of drinking water supplies from potable administered locally, and reuse facilities can impose reuse projects and de facto reuse scenarios.
From page 171...
... In the interim until such updates can be made, Drinking Water Act EPA should develop guidance on additional priority chemicals to include in enhanced local pretreatment The U.S drinking water regulations set standards programs in localities implementing potable reuse. that all drinking water treatment plants are required to Consideration should also be given to expanding meet, whether they use pristine water supply sources, source control to residential releases of constituents supply water from potable reuse projects, or practice of concern.
From page 172...
... be used in the drinking In March 2010, EPA announced a new drinking water treatment process in lieu of an MCL. Individual water strategy that outlines the principles to expand states are allowed to adopt more stringent standards, if public health protection for drinking water (EPA, desired.
From page 173...
... The inclusion of these compounds suggests that wastewater-derived compounds are currently being considered in assessments of drinking water safety, although a direct responsibility to regulate potable reuse would probably cause greater scrutiny of compounds likely to be in municipal wastewater. Federal Insecticide, Fungicide, and Rodenticide Act suggest that the regulation of discrete chemicals along (FIFRA)
From page 174...
... Potable reuse projects may unregulated contaminants in drinking water, but this also be required to meet local or state regulations, above program does not directly target contaminants in wathe requirements of the SDWA (state reuse regulations ter reuse systems or municipal wastewater. At present, are discussed later in the chapter)
From page 175...
... . Framework for Potable Reuse Prior to widespread awareness of the chemical, NDMA was likely present in reclaimed and potable waters for Reclaimed water used for potable reuse ultimately quite some time at concentrations far greater than 0.7 is required to meet all physical, chemical, radiologing/L, an EPA-established groundwater cleanup level cal, and microbiological standards for drinking water.
From page 176...
... . reclaimed water applications, criteria generally address only microbiological and environmental concerns; Nonpotable Reuse however, existing regulations/guidelines for nonpotable reuse generally are not risk based.
From page 177...
... . Additional recommendations for nonpotable reuse rigated with reclaimed water and potable water supply applications not listed in Table 10-2 include wells; • maintenance of a chlorine residual of greater • clear, colorless, odorless, and nontoxic water; than or equal to 0.5 mg/L in the distribution system; • a setback distance of 50 feet between areas ir- • reliable treatment and emergency storage or disposal alternatives for inadequately treated water;
From page 178...
... . The EPA guidelines' focus on end-point water treatment and reclaimed water quality recommenda- quality differs significantly from the risk management tions for potable reuse via groundwater recharge and strategies of the Australian potable reuse guidelines, surface water augmentation, as indicated in Table 10-2.
From page 179...
... For example, in California Water reuse regulations typically include wastewater the total coliform reporting limit is based on a running treatment process requirements, treatment reliabil- median of the last 7 days for which analyses have been ity requirements, reclaimed water quality criteria, completed, whereas in Florida the fecal coliform limit reclaimed water conveyance and distribution system must be met in at least 75 percent of the samples over requirements, and area use controls. No state's regula- a 30-day period.
From page 180...
... cFood crops eaten raw where there is direct contact between reclaimed water and the edible portion of the crop. dIn Florida and Texas, "irrigation of edible crops that will be peeled, skinned, cooked, or thermally processed before consumption is allowed.
From page 181...
... TABLE 10-3 Continued Restricted Access Irrigationg Unrestricted Access Irrigationh Toilet Flushingi Industrial Cooling Waterj Treatment Treatment Treatment Treatment State Quality Limits Required Quality Limits Required Quality Limits Required Quality Limits Required Arizona • 200 fecal coli/100 mL • Secondary • No detectable fecal • Secondary • No detectable fecal • Secondary Not covered Not covered • Disinfection coli/100 mL • Filtration coli/100 mL • Filtration • 2 NTU • Disinfection • 2 NTU • Disinfection California • 23 total coli/100 mL • Secondary • 2.2 total coli/100 mL • Secondary • 2.2 total coli/100 mL • Secondaryk • 2.2 total coli/100 mL • Secondary • Disinfection • 2 NTU • Coagulationk • 2 NTU • Filtration • 2 NTU • Coagulationk • Filtration • Disinfection • Filtration • Disinfection • Disinfection Colorado • Secondary • No detectable • Secondary Not covered Not covered • Secondary • 126 E coli/100 mL • 126 E
From page 182...
... State nonpotable reuse regulations often address cross connection control by specifying requirements that reduce Reclaimed Water Uses. No state water reuse regula- the potential for cross connections, including the following: tions include requirements for all potential nonpotable reuse applications; they generally include the most • Identification of transmission and distribution lines and appurtenances via color coding, taping, or other means common or likely types of use.
From page 183...
... The imbalance that results from different standards • The regulations should establish credibility of in each state is demonstrated by food crops grown with and public confidence in water reuse. reclaimed water where, for example, lettuce grown in • The regulations should create minimum uniform standards relative to the end use that are applied across one state may have been irrigated with different quality the country, thereby eliminating concerns about lack water than lettuce grown in another state, yet both may of consistency among state regulations/guidelines in be sold anywhere.
From page 184...
... was amended in 2010 to require CDPH to (1) adopt uniform water reuse criteria for indirect potable reuse for groundwater recharge by December 13, 2013; (2)
From page 185...
... ≤20 mg/L CBOD • Disinfection • ≤5.0 mg/L TSS • Filtration • ≤3.0 mg/L TOC • Multiple barriers for control • ≤0.2 mg/L TOXb of pathogens and organics • ≤10 mg/L total N • Pilot testing required • • Primarya and secondary drinking water standards Groundwater recharge (Injection to • Secondary • No detectable total coli/100 mL ≤20 mg/L CBOD groundwaters having TDS 3,000–10,000 mg/L) • Disinfection • ≤5.0 mg/L TSS • Filtration • ≤10 mg/L total N • • Primary drinking water standardsa Indirect potable reuse • Secondary • No detectable total coli/100 mL ≤20 mg/L CBOD (Discharge to Class I surface waters (used for • Disinfection • ≤5.0 mg/L TSS public water supply)
From page 186...
... Reclaimed water is of ever-growing policy attention on water reuse, with extensive research importance as an integral component of the nation's on public perception and policy processes emerging. water resources portfolio, and action to embark on the Beliefs about the importance of public perception to the development and implementation of risk-based na- successful establishment of water reuse projects range tional water reuse regulations would allow the nation to from "crucial importance" (Marks et al., 2008)
From page 187...
... This result, especially the small but putting drugs into our drinking water -- Tylenol, birth control medication, antipsychotics.'' The article later quotes a water not insignificant number of individuals who initially agency official who comments positively on available water say they would refuse such water, is consistent with treatment technologies. the reported experience of water agencies that have This is a common pattern in public communication over proposed water reuse projects.
From page 188...
... (2010) found that even individu- to date, research has not been undertaken to link tours TABLE 10-6 Trusted Source of Information on Reclaimed Water Safety: Overall and by Willingness to Drink "Certified Safe Recycled Water" on a Scale of 0-10 Overalla Unwillingb Uncertainb Willingb An actor or athlete you admire hired to represent the water treatment facility 2.14 1.05 1.79 2.54 Your neighbor 3.20*
From page 189...
... accountability of water managers for promised water quality, public awareness of environmental problems States are continuing to refine the relationship between and the benefits of water reuse, and public trust in wastewater reuse and the interests of downstream entireclaimed water and water managers as crucial to the ties. Regardless of how rights are defined or assigned,
From page 190...
... Recognition Scientific research, which requires resources beyond the of this reality necessitates increased consideration of reach of most states, should inform the development ways to apply both the CWA and the SDWA toward of nonpotable reuse regulations at the federal level to improved drinking water quality and public health. For address the wide range of potential nonpotable reuse example, the CWA allows states to list public water applications and practices.
From page 191...
... A general on priority chemicals to be included in local pretreat- investment in water knowledge, including improved ment programs would assist utilities implementing public understanding of a region's available water suppotable reuse. plies and the full costs and benefits associated with Enhanced public knowledge of water supply and water supply alternatives, could lead to more efficient treatment are important to informed decision mak- processes that evaluate specific projects.


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