Bill Text: MN HF1442 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Recycled water use standards provided, and providing for natural pools.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-04-11 - Introduction and first reading, referred to Environment, Energy and Natural Resources Policy and Finance [HF1442 Detail]
Download: Minnesota-2011-HF1442-Introduced.html
1.2relating to waters; providing standards for use of recycled water; providing for
1.3natural pools;proposing coding for new law in Minnesota Statutes, chapter 103G.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [103G.901] DEFINITIONS.
1.6 Subdivision 1. Approved laboratory. "Approved laboratory" means a laboratory
1.7certified by the Department of Health to perform microbiological analyses.
1.8 Subd. 2. Coagulated wastewater. "Coagulated wastewater" means oxidized
1.9wastewater in which colloidal and finely divided suspended matter have been destabilized
1.10and agglomerated upstream from a filter by the addition of suitable floc-forming chemicals.
1.11 Subd. 3. Conventional treatment. "Conventional treatment" means a treatment
1.12chain that uses a sedimentation unit process between the coagulation and filtration
1.13processes and produces an effluent that meets the definition for disinfected tertiary
1.14recycled water.
1.15 Subd. 4. Disinfected secondary-2.2 recycled water. "Disinfected secondary-2.2
1.16recycled water" means recycled water that has been oxidized and disinfected so that
1.17the median concentration of total coliform bacteria in the disinfected effluent does not
1.18exceed a most probable number (MPN) of 2.2 per 100 milliliters using the bacteriological
1.19results of the last seven days for which analyses have been completed, and the number
1.20of total coliform bacteria does not exceed an MPN of 23 per 100 milliliters in more than
1.21one sample in any 30-day period.
1.22 Subd. 5. Disinfected secondary-23 recycled water. "Disinfected secondary-23
1.23recycled water" means recycled water that has been oxidized and disinfected so that
1.24the median concentration of total coliform bacteria in the disinfected effluent does not
2.1exceed a most probable number (MPN) of 23 per 100 milliliters using the bacteriological
2.2results of the last seven days for which analyses have been completed, and the number of
2.3total coliform bacteria does not exceed an MPN of 240 per 100 milliliters in more than
2.4one sample in any 30-day period.
2.5 Subd. 6. Disinfected tertiary recycled water. "Disinfected tertiary recycled water"
2.6means a filtered and subsequently disinfected wastewater that meets the following criteria:
2.7(1) the filtered wastewater has been disinfected by:
2.8(i) a chlorine disinfection process following filtration that provides a CT value (the
2.9product of total chlorine residual and modal contact time measured at the same point) of
2.10not less than 450 milligram-minutes per liter at all times with a modal contact time of at
2.11least 90 minutes, based on peak dry weather design flow; or
2.12(ii) a disinfection process that, when combined with the filtration process, has been
2.13demonstrated to inactivate or remove 99.999 percent of the plaque-forming units of
2.14F-specific bacteriophage MS-2 or polio virus in the wastewater. A virus that is at least as
2.15resistant to disinfection as polio virus may be used for purposes of the demonstration; and
2.16(2) the median concentration of total coliform bacteria measured in the disinfected
2.17effluent does not exceed a most probable number (MPN) of 2.2 per 100 milliliters using
2.18the bacteriological results of the last seven days for which analyses have been completed
2.19and the number of total coliform bacteria does not exceed an MPN of 23 per 100 milliliters
2.20in more than one sample in any 30-day period. No sample shall exceed an MPN of 240
2.21total coliform bacteria per 100 milliliters.
2.22 Subd. 7. Drift. "Drift" means the water that escapes to the atmosphere as water
2.23droplets from a cooling system.
2.24 Subd. 8. Drift eliminator. "Drift eliminator" means a feature of a cooling system
2.25that reduces to a minimum the generation of drift from the system.
2.26 Subd. 9. F-specific bacteriophage MS-2. "F-specific bacteriophage MS-2" means
2.27a strain of a specific type of virus that infects coliform bacteria that is traceable to the
2.28American Type Culture Collection (ATCC 15597B1) and is grown on lawns of E. coli
2.29(ATCC 15597).
2.30 Subd. 10. Facility. "Facility" means any type of building or structure or a defined
2.31area of specific use that receives water for domestic use from a public water supply as
2.32defined in section 144.382.
2.33 Subd. 11. Filtered wastewater. "Filtered wastewater" means an oxidized
2.34wastewater that:
2.35(1) has been coagulated and passed through natural undisturbed soils or a bed of
2.36filter media:
3.1(i) at a rate that does not exceed five gallons per minute per square foot of surface
3.2area in mono, dual, or mixed media gravity, upflow, or pressure filtration systems or does
3.3not exceed two gallons per minute per square foot of surface area in traveling bridge
3.4automatic backwash filters; and
3.5(ii) so that the turbidity of the filtered wastewater does not exceed an average of
3.6two NTU within a 24-hour period; five NTU more than five percent of the time within a
3.724-hour period; and 10 NTU at any time; or
3.8(2) has been passed through a microfiltration, ultrafiltration, nanofiltration, or reverse
3.9osmosis membrane so that the turbidity of the filtered wastewater does not exceed 0.2
3.10NTU more than five percent of the time within a 24-hour period and does not exceed 0.5
3.11NTU at any time.
3.12 Subd. 12. Food crops. "Food crops" means any crops intended for human
3.13consumption.
3.14 Subd. 13. Hose bibb. "Hose bibb" means a faucet or similar device to which a
3.15common garden hose can be readily attached.
3.16 Subd. 14. Landscape impoundment. "Landscape impoundment" means an
3.17impoundment in which recycled water is stored or used for aesthetic enjoyment or
3.18landscape irrigation or that otherwise serves a similar function and is not intended to
3.19include public contact.
3.20 Subd. 15. Modal contact time. "Modal contact time" means the amount of time
3.21elapsed between the time that a tracer, such as salt or dye, is injected into the influent at
3.22the entrance to a chamber and the time that the highest concentration of the tracer is
3.23observed in the effluent from the chamber.
3.24 Subd. 16. Nonrestricted recreational impoundment. "Nonrestricted recreational
3.25impoundment" means an impoundment of recycled water for which no limitations are
3.26imposed on body-contact water recreational activities.
3.27 Subd. 17. NTU. "NTU" means nephelometric turbidity unit, which is a measurement
3.28of turbidity as determined by the ratio of the intensity of light scattered by the sample to
3.29the intensity of incident light as measured by method 2130 B in Standard Methods for the
3.30Examination of Water and Wastewater, Eaton, A. D., Clesceri, L. S., and Greenberg, A. E.,
3.31eds., (Washington, DC: American Public Health Association, 1998).
3.32 Subd. 18. Oxidized wastewater. "Oxidized wastewater" means wastewater in which
3.33the organic matter has been stabilized, is nonputrescible, and contains dissolved oxygen.
3.34 Subd. 19. Peak dry weather design flow. "Peak dry weather design flow" means
3.35the arithmetic mean of the maximum peak flow rates sustained over a specific period of
4.1time during the maximum 24-hour dry weather period. "Dry weather period" means
4.2periods of little or no rainfall.
4.3 Subd. 20. Recycling plant. "Recycling plant" means an arrangement of devices,
4.4structures, equipment, processes, and controls that produce recycled water.
4.5 Subd. 21. Restricted access golf course. "Restricted access golf course" means
4.6a golf course where public access is controlled so that areas irrigated with recycled
4.7water cannot be used as if they were part of a park, playground, or school yard and
4.8where irrigation is conducted only in areas and during periods when the golf course is
4.9not being used by golfers.
4.10 Subd. 22. Restricted recreational impoundment. "Restricted recreational
4.11impoundment" means an impoundment of recycled water for which recreation is limited
4.12to fishing, boating, and other non-body-contact water recreational activities.
4.13 Subd. 23. Spray irrigation. "Spray irrigation" means the application of recycled
4.14water to crops to maintain vegetation or support growth of vegetation by applying it
4.15from sprinklers.
4.16 Subd. 24. Undisinfected secondary recycled water. "Undisinfected secondary
4.17recycled water" means oxidized wastewater.
4.18 Subd. 25. Use area. "Use area" means an area of recycled water use with defined
4.19boundaries. A use area may contain one or more facilities.
4.20 Sec. 2. [103G.9015] USES OF RECYCLED WATER.
4.21 Subdivision 1. Scope. (a) This section applies only to recycled water from sources
4.22that contain domestic waste, in whole or in part.
4.23(b) This section does not apply to the use of recycled water on-site at a water
4.24recycling plant or wastewater treatment plant if access by the public to the area of on-site
4.25recycled water use is restricted.
4.26 Subd. 2. Irrigation. (a) Recycled water used for surface irrigation of the areas
4.27specified in this paragraph must be disinfected tertiary recycled water, except that for
4.28filtration according to section 103G.901, subdivision 11, clause (1), coagulation need not
4.29be used as part of the treatment process if the filter effluent turbidity does not exceed two
4.30NTU, the turbidity of the influent to the filters is continuously measured, the influent
4.31turbidity does not exceed five NTU for more than 15 minutes and never exceeds ten
4.32NTU, and there is the capability to automatically activate chemical addition or divert the
4.33wastewater should the filter influent turbidity exceed five NTU for more than 15 minutes:
4.34(1) food crops, including all edible root crops, where the recycled water comes into
4.35contact with the edible portion of the crop;
5.1(2) parks and playgrounds;
5.2(3) school yards;
5.3(4) residential landscaping;
5.4(5) unrestricted access golf courses; and
5.5(6) any other irrigation use not specified in this section and not prohibited by other
5.6law.
5.7(b) Recycled water used for surface irrigation of food crops where the edible portion
5.8is produced above ground and not contacted by the recycled water must be at least
5.9disinfected secondary-2.2 recycled water.
5.10(c) Recycled water used for surface irrigation of the following must be at least
5.11disinfected secondary-23 recycled water:
5.12(1) cemeteries;
5.13(2) freeway landscaping;
5.14(3) restricted access golf courses;
5.15(4) ornamental nursery stock and sod farms where access by the general public is
5.16not restricted;
5.17(5) pasture for animals producing milk for human consumption; and
5.18(6) any nonedible vegetation when access is controlled so that the irrigated area
5.19cannot be used as if it were part of a park, playground, or school yard.
5.20(d) Recycled wastewater used for surface irrigation of the following must be at least
5.21undisinfected secondary recycled water:
5.22 (1) orchards where the recycled water does not come into contact with the edible
5.23portion of the crop;
5.24(2) vineyards where the recycled water does not come into contact with the edible
5.25portion of the crop;
5.26(3) non-food-bearing trees. Christmas tree farms are included in this category if no
5.27irrigation with recycled water occurs for a period of 14 days before harvesting or allowing
5.28access by the general public;
5.29(4) fodder and fiber crops and pasture for animals not producing milk for human
5.30consumption;
5.31(5) seed crops not eaten by humans;
5.32(6) food crops that must undergo commercial pathogen-destroying processing before
5.33being consumed by humans; and
5.34(7) ornamental nursery stock and sod farms if no irrigation with recycled water
5.35occurs for a period of 14 days before harvesting, retail sale, or allowing access by the
5.36general public.
6.1 (e) No recycled water used for irrigation, or soil that has been irrigated with recycled
6.2water, shall come into contact with the edible portion of food crops eaten raw by humans
6.3unless the recycled water complies with paragraph (a).
6.4 Subd. 3. Impoundments. (a) Except as provided in paragraph (b), recycled water
6.5used as a source of water supply for nonrestricted recreational impoundments must be
6.6disinfected tertiary recycled water that has been subjected to conventional treatment.
6.7(b) Disinfected tertiary recycled water that has not received conventional treatment
6.8may be used for nonrestricted recreational impoundments if the recycled water is
6.9monitored for the presence of pathogenic organisms as follows:
6.10(1) during the first 12 months of operation and use, the recycled water must be
6.11sampled and analyzed monthly for Giardia, enteric viruses, and Cryptosporidium.
6.12Following the first 12 months of use, the recycled water must be sampled and analyzed
6.13quarterly for Giardia, enteric viruses, and Cryptosporidium. The ongoing monitoring
6.14may be discontinued after the first two years of operation with the approval of the
6.15commissioner of health; and
6.16(2) the samples must be taken at a point after disinfection and before the point where
6.17the recycled water enters the use impoundment. The samples must be analyzed by an
6.18approved laboratory and the results submitted quarterly to the commissioner of health.
6.19(c) The total coliform bacteria concentrations in recycled water used for nonrestricted
6.20recreational impoundments, measured at a point between the disinfection process and the
6.21point of entry to the use impoundment, must comply with the criteria specified in section
6.22103G.901, subdivision 6, clause (2), for disinfected tertiary recycled water.
6.23(d) Recycled water used as a source of supply for restricted recreational
6.24impoundments and for any publicly accessible impoundments at fish hatcheries must be at
6.25least disinfected secondary-2.2 recycled water.
6.26(e) Recycled water used as a source of supply for landscape impoundments that do
6.27not use decorative fountains must be at least disinfected secondary-23 recycled water.
6.28 Subd. 4. Cooling. (a) Recycled water used for industrial or commercial cooling or
6.29air conditioning that involves the use of a cooling tower, evaporative condenser, spraying,
6.30or any mechanism that creates a mist must be disinfected tertiary recycled water.
6.31(b) Use of recycled water for industrial or commercial cooling or air conditioning
6.32that does not involve the use of a cooling tower, evaporative condenser, spraying, or any
6.33mechanism that creates a mist must be at least disinfected secondary-23 recycled water.
6.34 (c) Whenever a cooling system, using recycled water in conjunction with an air
6.35conditioning facility, uses a cooling tower or otherwise creates a mist that could come
7.1into contact with employees or members of the public, the cooling system must comply
7.2with the following:
7.3(1) a drift eliminator must be used whenever the cooling system is in operation; and
7.4(2) a chlorine or other biocide must be used to treat the cooling system recirculating
7.5water to minimize the growth of Legionella and other microorganisms.
7.6 Subd. 5. Other purposes. (a) Recycled water used for the purposes specified in
7.7this paragraph must be disinfected tertiary recycled water, except that for filtration being
7.8provided according to section 103G.901, subdivision 11, clause (1), coagulation need not
7.9be used as part of the treatment process if the filter effluent turbidity does not exceed two
7.10NTU, the turbidity of the influent to the filters is continuously measured, the influent
7.11turbidity does not exceed five NTU for more than 15 minutes and never exceeds ten
7.12NTU, and there is the capability to automatically activate chemical addition or divert the
7.13wastewater should the filter influent turbidity exceed five NTU for more than 15 minutes:
7.14(1) flushing toilets and urinals;
7.15(2) priming drain traps;
7.16(3) industrial process water that may come into contact with workers;
7.17(4) structural fire fighting;
7.18(5) decorative fountains;
7.19(6) commercial laundries;
7.20(7) consolidation of backfill around potable water pipelines;
7.21(8) artificial snowmaking for commercial outdoor use; and
7.22(9) commercial car washes, including hand washes if the recycled water is not
7.23heated, where the general public is excluded from the washing process.
7.24(b) Recycled water used for the following uses must be at least disinfected
7.25secondary-23 recycled water:
7.26(1) industrial boiler feed;
7.27(2) nonstructural fire fighting;
7.28(3) backfill consolidation around nonpotable piping;
7.29(4) soil compaction;
7.30(5) mixing concrete;
7.31(6) dust control on roads and streets;
7.32(7) cleaning roads, sidewalks, and outdoor work areas; and
7.33(8) industrial process water that will not come into contact with workers.
7.34(c) Recycled water used for flushing sanitary sewers must be at least undisinfected
7.35secondary recycled water.
8.1 Sec. 3. [103G.9017] RECYCLED WATER; USE AREA REQUIREMENTS.
8.2(a) No irrigation with disinfected tertiary recycled water shall take place within 50
8.3feet of any domestic water supply well unless:
8.4(1) a geological investigation demonstrates that an aquitard exists at the well
8.5between the uppermost aquifer being drawn from and the ground surface;
8.6(2) the well contains an annular seal that extends from the surface into the aquitard;
8.7(3) the well is housed to prevent any recycled water spray from coming into contact
8.8with the wellhead facilities;
8.9(4) the ground surface immediately around the wellhead is contoured to allow
8.10surface water to drain away from the well; and
8.11(5) the owner of the well approves of the elimination of the buffer zone requirement.
8.12(b) No impoundment of disinfected tertiary recycled water shall occur within 100
8.13feet of any domestic water supply well.
8.14(c) No irrigation with, or impoundment of, disinfected secondary-2.2 or disinfected
8.15secondary-23 recycled water shall take place within 100 feet of any domestic water supply
8.16well.
8.17(d) No irrigation with, or impoundment of, undisinfected secondary recycled water
8.18shall take place within 150 feet of any domestic water supply well.
8.19(e) Any use of recycled water shall comply with the following:
8.20(1) any irrigation runoff shall be confined to the recycled water use area, unless the
8.21runoff does not pose a public health threat and is authorized by the commissioner of health;
8.22(2) spray, mist, or runoff shall not enter dwellings, designated outdoor eating areas,
8.23or food handling facilities; and
8.24(3) drinking water fountains shall be protected against contact with recycled water
8.25spray, mist, or runoff.
8.26(f) No spray irrigation of any recycled water, other than disinfected tertiary recycled
8.27water, shall take place within 100 feet of a residence or a place where public exposure
8.28could be similar to that of a park, playground, or school yard.
8.29(g) All use areas that are accessible to the public shall be posted with signs that
8.30are visible to the public, in a size no less than four inches high by eight inches wide,
8.31that include the following wording: "RECYCLED WATER - DO NOT DRINK." The
8.32commissioner of health may accept alternative signage and wording, or an educational
8.33program, provided the applicant demonstrates to the commissioner of health that the
8.34alternative approach will ensure an equivalent degree of public notification.
8.35(h) No physical connection shall be made or allowed to exist between any recycled
8.36water system and any separate system conveying potable water.
9.1(i) The portions of the recycled water piping system that are in areas subject to
9.2access by the general public shall not include hose bibbs. Only quick couplers that differ
9.3from those used on the potable water system shall be used on the portions of the recycled
9.4water piping system in areas subject to public access.
9.5 Sec. 4. [103G.9019] NATURAL TREATMENT PROCESS; NATURAL POOLS.
9.6Notwithstanding Minnesota Rules, chapter 4717, or other law to the contrary, a
9.7public pool may utilize natural treatment processes for filtration and purification. Section
9.8103G.9015, subdivision 3, paragraph (b), applies to natural pools under this section.
1.3natural pools;proposing coding for new law in Minnesota Statutes, chapter 103G.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [103G.901] DEFINITIONS.
1.6 Subdivision 1. Approved laboratory. "Approved laboratory" means a laboratory
1.7certified by the Department of Health to perform microbiological analyses.
1.8 Subd. 2. Coagulated wastewater. "Coagulated wastewater" means oxidized
1.9wastewater in which colloidal and finely divided suspended matter have been destabilized
1.10and agglomerated upstream from a filter by the addition of suitable floc-forming chemicals.
1.11 Subd. 3. Conventional treatment. "Conventional treatment" means a treatment
1.12chain that uses a sedimentation unit process between the coagulation and filtration
1.13processes and produces an effluent that meets the definition for disinfected tertiary
1.14recycled water.
1.15 Subd. 4. Disinfected secondary-2.2 recycled water. "Disinfected secondary-2.2
1.16recycled water" means recycled water that has been oxidized and disinfected so that
1.17the median concentration of total coliform bacteria in the disinfected effluent does not
1.18exceed a most probable number (MPN) of 2.2 per 100 milliliters using the bacteriological
1.19results of the last seven days for which analyses have been completed, and the number
1.20of total coliform bacteria does not exceed an MPN of 23 per 100 milliliters in more than
1.21one sample in any 30-day period.
1.22 Subd. 5. Disinfected secondary-23 recycled water. "Disinfected secondary-23
1.23recycled water" means recycled water that has been oxidized and disinfected so that
1.24the median concentration of total coliform bacteria in the disinfected effluent does not
2.1exceed a most probable number (MPN) of 23 per 100 milliliters using the bacteriological
2.2results of the last seven days for which analyses have been completed, and the number of
2.3total coliform bacteria does not exceed an MPN of 240 per 100 milliliters in more than
2.4one sample in any 30-day period.
2.5 Subd. 6. Disinfected tertiary recycled water. "Disinfected tertiary recycled water"
2.6means a filtered and subsequently disinfected wastewater that meets the following criteria:
2.7(1) the filtered wastewater has been disinfected by:
2.8(i) a chlorine disinfection process following filtration that provides a CT value (the
2.9product of total chlorine residual and modal contact time measured at the same point) of
2.10not less than 450 milligram-minutes per liter at all times with a modal contact time of at
2.11least 90 minutes, based on peak dry weather design flow; or
2.12(ii) a disinfection process that, when combined with the filtration process, has been
2.13demonstrated to inactivate or remove 99.999 percent of the plaque-forming units of
2.14F-specific bacteriophage MS-2 or polio virus in the wastewater. A virus that is at least as
2.15resistant to disinfection as polio virus may be used for purposes of the demonstration; and
2.16(2) the median concentration of total coliform bacteria measured in the disinfected
2.17effluent does not exceed a most probable number (MPN) of 2.2 per 100 milliliters using
2.18the bacteriological results of the last seven days for which analyses have been completed
2.19and the number of total coliform bacteria does not exceed an MPN of 23 per 100 milliliters
2.20in more than one sample in any 30-day period. No sample shall exceed an MPN of 240
2.21total coliform bacteria per 100 milliliters.
2.22 Subd. 7. Drift. "Drift" means the water that escapes to the atmosphere as water
2.23droplets from a cooling system.
2.24 Subd. 8. Drift eliminator. "Drift eliminator" means a feature of a cooling system
2.25that reduces to a minimum the generation of drift from the system.
2.26 Subd. 9. F-specific bacteriophage MS-2. "F-specific bacteriophage MS-2" means
2.27a strain of a specific type of virus that infects coliform bacteria that is traceable to the
2.28American Type Culture Collection (ATCC 15597B1) and is grown on lawns of E. coli
2.29(ATCC 15597).
2.30 Subd. 10. Facility. "Facility" means any type of building or structure or a defined
2.31area of specific use that receives water for domestic use from a public water supply as
2.32defined in section 144.382.
2.33 Subd. 11. Filtered wastewater. "Filtered wastewater" means an oxidized
2.34wastewater that:
2.35(1) has been coagulated and passed through natural undisturbed soils or a bed of
2.36filter media:
3.1(i) at a rate that does not exceed five gallons per minute per square foot of surface
3.2area in mono, dual, or mixed media gravity, upflow, or pressure filtration systems or does
3.3not exceed two gallons per minute per square foot of surface area in traveling bridge
3.4automatic backwash filters; and
3.5(ii) so that the turbidity of the filtered wastewater does not exceed an average of
3.6two NTU within a 24-hour period; five NTU more than five percent of the time within a
3.724-hour period; and 10 NTU at any time; or
3.8(2) has been passed through a microfiltration, ultrafiltration, nanofiltration, or reverse
3.9osmosis membrane so that the turbidity of the filtered wastewater does not exceed 0.2
3.10NTU more than five percent of the time within a 24-hour period and does not exceed 0.5
3.11NTU at any time.
3.12 Subd. 12. Food crops. "Food crops" means any crops intended for human
3.13consumption.
3.14 Subd. 13. Hose bibb. "Hose bibb" means a faucet or similar device to which a
3.15common garden hose can be readily attached.
3.16 Subd. 14. Landscape impoundment. "Landscape impoundment" means an
3.17impoundment in which recycled water is stored or used for aesthetic enjoyment or
3.18landscape irrigation or that otherwise serves a similar function and is not intended to
3.19include public contact.
3.20 Subd. 15. Modal contact time. "Modal contact time" means the amount of time
3.21elapsed between the time that a tracer, such as salt or dye, is injected into the influent at
3.22the entrance to a chamber and the time that the highest concentration of the tracer is
3.23observed in the effluent from the chamber.
3.24 Subd. 16. Nonrestricted recreational impoundment. "Nonrestricted recreational
3.25impoundment" means an impoundment of recycled water for which no limitations are
3.26imposed on body-contact water recreational activities.
3.27 Subd. 17. NTU. "NTU" means nephelometric turbidity unit, which is a measurement
3.28of turbidity as determined by the ratio of the intensity of light scattered by the sample to
3.29the intensity of incident light as measured by method 2130 B in Standard Methods for the
3.30Examination of Water and Wastewater, Eaton, A. D., Clesceri, L. S., and Greenberg, A. E.,
3.31eds., (Washington, DC: American Public Health Association, 1998).
3.32 Subd. 18. Oxidized wastewater. "Oxidized wastewater" means wastewater in which
3.33the organic matter has been stabilized, is nonputrescible, and contains dissolved oxygen.
3.34 Subd. 19. Peak dry weather design flow. "Peak dry weather design flow" means
3.35the arithmetic mean of the maximum peak flow rates sustained over a specific period of
4.1time during the maximum 24-hour dry weather period. "Dry weather period" means
4.2periods of little or no rainfall.
4.3 Subd. 20. Recycling plant. "Recycling plant" means an arrangement of devices,
4.4structures, equipment, processes, and controls that produce recycled water.
4.5 Subd. 21. Restricted access golf course. "Restricted access golf course" means
4.6a golf course where public access is controlled so that areas irrigated with recycled
4.7water cannot be used as if they were part of a park, playground, or school yard and
4.8where irrigation is conducted only in areas and during periods when the golf course is
4.9not being used by golfers.
4.10 Subd. 22. Restricted recreational impoundment. "Restricted recreational
4.11impoundment" means an impoundment of recycled water for which recreation is limited
4.12to fishing, boating, and other non-body-contact water recreational activities.
4.13 Subd. 23. Spray irrigation. "Spray irrigation" means the application of recycled
4.14water to crops to maintain vegetation or support growth of vegetation by applying it
4.15from sprinklers.
4.16 Subd. 24. Undisinfected secondary recycled water. "Undisinfected secondary
4.17recycled water" means oxidized wastewater.
4.18 Subd. 25. Use area. "Use area" means an area of recycled water use with defined
4.19boundaries. A use area may contain one or more facilities.
4.20 Sec. 2. [103G.9015] USES OF RECYCLED WATER.
4.21 Subdivision 1. Scope. (a) This section applies only to recycled water from sources
4.22that contain domestic waste, in whole or in part.
4.23(b) This section does not apply to the use of recycled water on-site at a water
4.24recycling plant or wastewater treatment plant if access by the public to the area of on-site
4.25recycled water use is restricted.
4.26 Subd. 2. Irrigation. (a) Recycled water used for surface irrigation of the areas
4.27specified in this paragraph must be disinfected tertiary recycled water, except that for
4.28filtration according to section 103G.901, subdivision 11, clause (1), coagulation need not
4.29be used as part of the treatment process if the filter effluent turbidity does not exceed two
4.30NTU, the turbidity of the influent to the filters is continuously measured, the influent
4.31turbidity does not exceed five NTU for more than 15 minutes and never exceeds ten
4.32NTU, and there is the capability to automatically activate chemical addition or divert the
4.33wastewater should the filter influent turbidity exceed five NTU for more than 15 minutes:
4.34(1) food crops, including all edible root crops, where the recycled water comes into
4.35contact with the edible portion of the crop;
5.1(2) parks and playgrounds;
5.2(3) school yards;
5.3(4) residential landscaping;
5.4(5) unrestricted access golf courses; and
5.5(6) any other irrigation use not specified in this section and not prohibited by other
5.6law.
5.7(b) Recycled water used for surface irrigation of food crops where the edible portion
5.8is produced above ground and not contacted by the recycled water must be at least
5.9disinfected secondary-2.2 recycled water.
5.10(c) Recycled water used for surface irrigation of the following must be at least
5.11disinfected secondary-23 recycled water:
5.12(1) cemeteries;
5.13(2) freeway landscaping;
5.14(3) restricted access golf courses;
5.15(4) ornamental nursery stock and sod farms where access by the general public is
5.16not restricted;
5.17(5) pasture for animals producing milk for human consumption; and
5.18(6) any nonedible vegetation when access is controlled so that the irrigated area
5.19cannot be used as if it were part of a park, playground, or school yard.
5.20(d) Recycled wastewater used for surface irrigation of the following must be at least
5.21undisinfected secondary recycled water:
5.22 (1) orchards where the recycled water does not come into contact with the edible
5.23portion of the crop;
5.24(2) vineyards where the recycled water does not come into contact with the edible
5.25portion of the crop;
5.26(3) non-food-bearing trees. Christmas tree farms are included in this category if no
5.27irrigation with recycled water occurs for a period of 14 days before harvesting or allowing
5.28access by the general public;
5.29(4) fodder and fiber crops and pasture for animals not producing milk for human
5.30consumption;
5.31(5) seed crops not eaten by humans;
5.32(6) food crops that must undergo commercial pathogen-destroying processing before
5.33being consumed by humans; and
5.34(7) ornamental nursery stock and sod farms if no irrigation with recycled water
5.35occurs for a period of 14 days before harvesting, retail sale, or allowing access by the
5.36general public.
6.1 (e) No recycled water used for irrigation, or soil that has been irrigated with recycled
6.2water, shall come into contact with the edible portion of food crops eaten raw by humans
6.3unless the recycled water complies with paragraph (a).
6.4 Subd. 3. Impoundments. (a) Except as provided in paragraph (b), recycled water
6.5used as a source of water supply for nonrestricted recreational impoundments must be
6.6disinfected tertiary recycled water that has been subjected to conventional treatment.
6.7(b) Disinfected tertiary recycled water that has not received conventional treatment
6.8may be used for nonrestricted recreational impoundments if the recycled water is
6.9monitored for the presence of pathogenic organisms as follows:
6.10(1) during the first 12 months of operation and use, the recycled water must be
6.11sampled and analyzed monthly for Giardia, enteric viruses, and Cryptosporidium.
6.12Following the first 12 months of use, the recycled water must be sampled and analyzed
6.13quarterly for Giardia, enteric viruses, and Cryptosporidium. The ongoing monitoring
6.14may be discontinued after the first two years of operation with the approval of the
6.15commissioner of health; and
6.16(2) the samples must be taken at a point after disinfection and before the point where
6.17the recycled water enters the use impoundment. The samples must be analyzed by an
6.18approved laboratory and the results submitted quarterly to the commissioner of health.
6.19(c) The total coliform bacteria concentrations in recycled water used for nonrestricted
6.20recreational impoundments, measured at a point between the disinfection process and the
6.21point of entry to the use impoundment, must comply with the criteria specified in section
6.22103G.901, subdivision 6, clause (2), for disinfected tertiary recycled water.
6.23(d) Recycled water used as a source of supply for restricted recreational
6.24impoundments and for any publicly accessible impoundments at fish hatcheries must be at
6.25least disinfected secondary-2.2 recycled water.
6.26(e) Recycled water used as a source of supply for landscape impoundments that do
6.27not use decorative fountains must be at least disinfected secondary-23 recycled water.
6.28 Subd. 4. Cooling. (a) Recycled water used for industrial or commercial cooling or
6.29air conditioning that involves the use of a cooling tower, evaporative condenser, spraying,
6.30or any mechanism that creates a mist must be disinfected tertiary recycled water.
6.31(b) Use of recycled water for industrial or commercial cooling or air conditioning
6.32that does not involve the use of a cooling tower, evaporative condenser, spraying, or any
6.33mechanism that creates a mist must be at least disinfected secondary-23 recycled water.
6.34 (c) Whenever a cooling system, using recycled water in conjunction with an air
6.35conditioning facility, uses a cooling tower or otherwise creates a mist that could come
7.1into contact with employees or members of the public, the cooling system must comply
7.2with the following:
7.3(1) a drift eliminator must be used whenever the cooling system is in operation; and
7.4(2) a chlorine or other biocide must be used to treat the cooling system recirculating
7.5water to minimize the growth of Legionella and other microorganisms.
7.6 Subd. 5. Other purposes. (a) Recycled water used for the purposes specified in
7.7this paragraph must be disinfected tertiary recycled water, except that for filtration being
7.8provided according to section 103G.901, subdivision 11, clause (1), coagulation need not
7.9be used as part of the treatment process if the filter effluent turbidity does not exceed two
7.10NTU, the turbidity of the influent to the filters is continuously measured, the influent
7.11turbidity does not exceed five NTU for more than 15 minutes and never exceeds ten
7.12NTU, and there is the capability to automatically activate chemical addition or divert the
7.13wastewater should the filter influent turbidity exceed five NTU for more than 15 minutes:
7.14(1) flushing toilets and urinals;
7.15(2) priming drain traps;
7.16(3) industrial process water that may come into contact with workers;
7.17(4) structural fire fighting;
7.18(5) decorative fountains;
7.19(6) commercial laundries;
7.20(7) consolidation of backfill around potable water pipelines;
7.21(8) artificial snowmaking for commercial outdoor use; and
7.22(9) commercial car washes, including hand washes if the recycled water is not
7.23heated, where the general public is excluded from the washing process.
7.24(b) Recycled water used for the following uses must be at least disinfected
7.25secondary-23 recycled water:
7.26(1) industrial boiler feed;
7.27(2) nonstructural fire fighting;
7.28(3) backfill consolidation around nonpotable piping;
7.29(4) soil compaction;
7.30(5) mixing concrete;
7.31(6) dust control on roads and streets;
7.32(7) cleaning roads, sidewalks, and outdoor work areas; and
7.33(8) industrial process water that will not come into contact with workers.
7.34(c) Recycled water used for flushing sanitary sewers must be at least undisinfected
7.35secondary recycled water.
8.1 Sec. 3. [103G.9017] RECYCLED WATER; USE AREA REQUIREMENTS.
8.2(a) No irrigation with disinfected tertiary recycled water shall take place within 50
8.3feet of any domestic water supply well unless:
8.4(1) a geological investigation demonstrates that an aquitard exists at the well
8.5between the uppermost aquifer being drawn from and the ground surface;
8.6(2) the well contains an annular seal that extends from the surface into the aquitard;
8.7(3) the well is housed to prevent any recycled water spray from coming into contact
8.8with the wellhead facilities;
8.9(4) the ground surface immediately around the wellhead is contoured to allow
8.10surface water to drain away from the well; and
8.11(5) the owner of the well approves of the elimination of the buffer zone requirement.
8.12(b) No impoundment of disinfected tertiary recycled water shall occur within 100
8.13feet of any domestic water supply well.
8.14(c) No irrigation with, or impoundment of, disinfected secondary-2.2 or disinfected
8.15secondary-23 recycled water shall take place within 100 feet of any domestic water supply
8.16well.
8.17(d) No irrigation with, or impoundment of, undisinfected secondary recycled water
8.18shall take place within 150 feet of any domestic water supply well.
8.19(e) Any use of recycled water shall comply with the following:
8.20(1) any irrigation runoff shall be confined to the recycled water use area, unless the
8.21runoff does not pose a public health threat and is authorized by the commissioner of health;
8.22(2) spray, mist, or runoff shall not enter dwellings, designated outdoor eating areas,
8.23or food handling facilities; and
8.24(3) drinking water fountains shall be protected against contact with recycled water
8.25spray, mist, or runoff.
8.26(f) No spray irrigation of any recycled water, other than disinfected tertiary recycled
8.27water, shall take place within 100 feet of a residence or a place where public exposure
8.28could be similar to that of a park, playground, or school yard.
8.29(g) All use areas that are accessible to the public shall be posted with signs that
8.30are visible to the public, in a size no less than four inches high by eight inches wide,
8.31that include the following wording: "RECYCLED WATER - DO NOT DRINK." The
8.32commissioner of health may accept alternative signage and wording, or an educational
8.33program, provided the applicant demonstrates to the commissioner of health that the
8.34alternative approach will ensure an equivalent degree of public notification.
8.35(h) No physical connection shall be made or allowed to exist between any recycled
8.36water system and any separate system conveying potable water.
9.1(i) The portions of the recycled water piping system that are in areas subject to
9.2access by the general public shall not include hose bibbs. Only quick couplers that differ
9.3from those used on the potable water system shall be used on the portions of the recycled
9.4water piping system in areas subject to public access.
9.5 Sec. 4. [103G.9019] NATURAL TREATMENT PROCESS; NATURAL POOLS.
9.6Notwithstanding Minnesota Rules, chapter 4717, or other law to the contrary, a
9.7public pool may utilize natural treatment processes for filtration and purification. Section
9.8103G.9015, subdivision 3, paragraph (b), applies to natural pools under this section.
