Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H280 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2666 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 280
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Josh S. Cutler
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to greywater recycling.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Josh S. Cutler6th Plymouth1/6/2023David F. DeCoste5th Plymouth1/27/2023Patrick Joseph Kearney4th Plymouth2/16/2023Vanna Howard17th Middlesex2/27/2023 1 of 11
16	16	HOUSE DOCKET, NO. 2666 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 280
18	18	By Representative Cutler of Pembroke, a petition (accompanied by bill, House, No. 280) of Josh
19	19	S. Cutler and others for legislation to establish plumbing code regulations that provide building
20	20	owners with guidelines for reusing greywater for toilet flushing and subsurface irrigation.
21	21	Consumer Protection and Professional Licensure.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE HOUSE, NO. 348 OF 2021-2022.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act relative to greywater recycling.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 Section 1. Chapter 142 of the General Laws is hereby amended by inserting after section
33	33	222 the following section:
34	34	3 Section 23. Regulating single family greywater recycling systems and mandating
35	35	4greywater recycling in new multifamily construction projects in the commonwealth.
36	36	5 A. Purpose
37	37	6 a. The purpose of this section is to establish regulations that provide building owners with
38	38	7guidelines for simple, cost-effective options for reusing greywater for toilet flushing and
39	39	8subsurface irrigation. 2 of 11
40	40	9 b. This section is intended to encourage water conservation, and re-use in communities
41	41	10across the commonwealth, save money, increase the effective water supply, and protect public
42	42	11health and water quality.
43	43	12 B. Applicability
44	44	13 a. This section applies to multi-family buildings utilizing less than 3,000 gallons of water
45	45	14per day.
46	46	15 b. This section applies to the reuse of greywater inside buildings regulated by the
47	47	16Uniform State Plumbing Code.
48	48	17 c. Greywater reuse must comply with all applicable local ordinances and codes, and state
49	49	18statutes and regulations including, but not limited to, the Uniform State Plumbing Code.
50	50	19 d. The use of a greywater recycling and irrigation system does not serve as an alternative
51	51	20to the use of an approved on-site sewerage system or connection to an approved public sewer for
52	52	21greywater disposal at any building, including buildings using waterless toilets.
53	53	22 C. Administration
54	54	23 a. The local board of health for all cities and towns in the commonwealth shall implement
55	55	24this section under the authority of 248 CMR 10.24. In the event that a local board of health does
56	56	25not implement this section, the provisions of this section shall nonetheless apply to greywater
57	57	26reuse for toilet flushing and irrigation in that jurisdiction.
58	58	27 b. If a local board of health is unable to adjust its resources to implement and enforce this
59	59	28section in accordance with subsection (a) of this section, the provisions of Section 23 shall
60	60	29continue to apply to greywater reuse for toilet flushing and irrigation in that jurisdiction. 3 of 11
61	61	30 c. The local board of health is authorized to establish fees for greywater recycling system
62	62	31permits under this section, and the local health officer is authorized to collect fees to implement
63	63	32this section.
64	64	33 d. Nothing in this section prohibits the adoption and enforcement of more stringent
65	65	34regulations by a local board of health.
66	66	35 D. Definitions
67	67	36 a. These definitions apply throughout this section unless the context clearly requires
68	68	37otherwise.
69	69	38 i. Blackwater is wastewater containing fecal matter and urine. It is also known as brown
70	70	39water, foul water, or sewage. It is distinct from greywater or sullage, the residues of washing
71	71	40processes. Blackwater should not be used in the home because of the high risk of contamination
72	72	41by bacteria, viruses and other pathogens.
73	73	42 ii. Greywater is defined as wastewater from showers, bathtubs, hand washing lavatories,
74	74	43sinks that are not used for disposal of hazardous or toxic ingredients, sinks that are not used for
75	75	44food preparation or disposal, and clothes-washing machines. Greywater does not include
76	76	45wastewater from the washing of material, including diapers, soiled with human excreta or
77	77	46wastewater that has come in contact with toilet waste.
78	78	47 iii. Greywater irrigation system means an integrated system of components located on the
79	79	48property it serves, on or nearby property where it is legally allowed to be used, that conveys
80	80	49greywater from the building where it originates and provides irrigation of plants. 4 of 11
81	81	50 iv. On-site sewage system means an integrated system of components located on or
82	82	51nearby the property it serves that conveys, stores, treats, and/or provides subsurface soil
83	83	52treatment and dispersal of sewage. It consists of a collection system, a treatment component or
84	84	53treatment sequence, and a soil dispersal component. An on-site sewage system also refers to a
85	85	54holding tank sewage system or other swage system that does not have a soil dispersal
86	86	55component.
87	87	56 v. Public sewer system means all facilities used in the collection, transmission, storage,
88	88	57treatment, or discharge of any waterborne waste, whether domestic in origin or a combination of
89	89	58domestic, commercial, or industrial wastewater. A public sewer system may also be called a
90	90	59sanitary sewer system.
91	91	60 vi. Single family residence means one single-family house that is not used for
92	92	61commercial or other nonresidential purposes as defined by 780 CMR.
93	93	62 vii. Tier 1 greywater system means a greywater recycling and irrigation system with a
94	94	63maximum design flow of 400 gallons per day, as documented by the local building official
95	95	64during the permitting phase, serving a single-family residence. A Tier 1 system serves a single-
96	96	65family residence connected to an approved public sewer system or on-site sewage system.
97	97	66 viii. Tier 2 greywater system means a greywater recycling and irrigation system serving a
98	98	67residential or nonresidential building. A Tier 2 system only serves a building connected to an
99	99	68approved public sewer system or large on-site sewage system.
100	100	69 E. General Requirements applicable to all Tiers 5 of 11
101	101	70 a. Construction of a greywater system, including storage and disposal systems, must
102	102	71comply with this chapter and any more stringent requirements of the State Code.
103	103	72 b. Greywater does not contain hazardous chemicals derived from activities such as
104	104	73cleaning car parts, washing greasy or oily rags, or disposing of waste solutions from home photo
105	105	74labs or similar hobbyist or home occupational activities.
106	106	75 c. The design goal for a greywater recycling system is to store greywater for no longer
107	107	76than 24 hours.
108	108	77 d. This section will allow the reuse of kitchen sink water with approval from the local
109	109	78building official. It is required that kitchen sink water be applied subsoil or contained within a
110	110	79rat-proof outlet shield.
111	111	80 e. Towns or cities may not further limit the use of greywater described in this section by
112	112	81rule or ordinance.
113	113	82 F. Tier 1 Greywater Systems allow private residential direct reuse of greywater for a flow
114	114	83of less than 400 gallons per day. This section shall not require a permit for applying less than 400
115	115	84gallons per day of private residential greywater originating from a residence for the residence s
116	116	85toilet flushing, household gardening, composting, or landscape irrigation if the following
117	117	86conditions are met:
118	118	87 a. The greywater originates from a single family dwelling;
119	119	88 b. Human contact with greywater and soil irrigated by greywater is avoided;
120	120	89 c. Greywater is applied in a manner that minimizes the potential for contact between
121	121	90greywater or soil irrigated with greywater and domestic pets; 6 of 11
122	122	91 d. A constructed greywater distribution system provides for overflow and/or diversion
123	123	92into the sewer system or on-site wastewater treatment and disposal system;
124	124	93 G. Tier 1 Greywater Requirements. A greywater system may only be connected to the
125	125	94public sewer system or on-site sewage system if the following requirements are met:
126	126	95 a. The connection must be in the line between the house stub-out for the on-site
127	127	96wastewater treatment and disposal system and the on-site treatment tank.
128	128	97 b. The greywater system is constructed so that if blockage, plugging, or backup of the
129	129	98system occurs, greywater can be directed in to the sewage collection system or onsite wastewater
130	130	99treatment and disposal system, as applicable except as provided for under 4, below. The
131	131	100greywater system may include a means of filtration to reduce plugging and extend system
132	132	101lifetime;
133	133	102 c. The greywater distribution system shall be designed so that 100% of the greywater can
134	134	103be diverted to the sewer system or on-site wastewater treatment and disposal system during
135	135	104periods of non-use of the greywater system. For residential use an onsite wastewater treatment
136	136	105facility for blackwater treatment and disposal, the use of a greywater system does not change the
137	137	106design, capacity, or reserve area requirements for the onsite wastewater treatment facility at a
138	138	107residence, and ensures that the facility can handle the combined blackwater and greywater flow
139	139	108if the greywater system fails or is not fully used. The greywater system shall be designed with
140	140	109two valved zones, each of which can accommodate the full expected greywater volume.
141	141	110Providing the greywater system passes a flow test in each zone, the capacity of the on-site
142	142	111system may be reduced, or in the instance that an approved composting toilet system is present,
143	143	112eliminated; 7 of 11
144	144	113 d. Greywater diverter valves shall be downstream from traps and vents in plumbing that
145	145	114leads to septic or sewer;
146	146	115 e. The greywater is stored in tanks per 248 CMR 10.03(b)
147	147	116 f. and the tanks:
148	148	117 i. Are clearly labeled as nonpotable water;
149	149	118 ii. Utilize biodegradable nontoxic dye to color the greywater to identify it in contrast to
150	150	119potable water;
151	151	120 iii. Restrict access, especially to children;
152	152	121 iv. Are covered to eliminate habitat for mosquitoes and other pests;
153	153	122 v. Are able to be cleaned;
154	154	123 vi. Are sited outside of a floodway; and
155	155	124 vii. Meet the structural requirements of the 2004 American Water Works Association
156	156	125standards;
157	157	126 g. The greywater system uses piping clearly identified as a nonpotable water conduit,
158	158	127including identification through the use of painted purple pipe, purple pipe or pipe taped with
159	159	128purple metallic tape;
160	160	129 h. The greywater system is operated to maintain a minimum vertical separation distance
161	161	130of at least 5 feet from the point of greywater application to the top of the seasonally high
162	162	131groundwater table; 8 of 11
163	163	132 i. Greywater applied by surface irrigation does not contain water used to wash diapers or
164	164	133similarly soiled or infectious garments unless the greywater is disinfected before irrigation;
165	165	134 j. Application of greywater is managed to minimize standing water on the surface and to
166	166	135ensure that the hydraulic capacity of the soil is not exceeded, for example by splitting the flow,
167	167	136moderate application rates, and generous mulching;
168	168	137 k. The greywater is applied at a rate that will not result in ponding or pooling or will not
169	169	138cause runoff across the property lines outside of the site where it was generated or onto any
170	170	139paved surface;
171	171	140 l. Surface application of greywater is not used for irrigation of food plants which have an
172	172	141edible portion that comes in direct contact with greywater;
173	173	142 m. Surface irrigation for greywater is only by flood or drip irrigation. Containment within
174	174	143horticultural basins or swales is encouraged for flood irrigation;
175	175	144 n. The greywater is not disposed of using a spray distribution system;
176	176	145 o. the greywater is not discharged into a river corridor as defined by 302 CMR 3; and
177	177	146 p. the greywater use within cities or towns complies with all applicable local ordinances.
178	178	147 q. No reduction in the size of the on-site septic system will be allowed when using a
179	179	148greywater system.
180	180	149 r. Builders of single family dwellings are allowed by right to:
181	181	150 i. Install plumbing in new housing to collect greywater from all allowable sources; and 9 of 11
182	182	151 ii. Design and install a subsurface greywater system around the foundation of new
183	183	152housing to minimize foundation movement or cracking.
184	184	153 s. Greywater shall only be used:
185	185	154 i. For flushing toilets;
186	186	155 ii. For gardening inedible food plants;
187	187	156 iii. For composting; or
188	188	157 iv. For landscaping at a single family dwelling.
189	189	158 t. The installer of the greywater system must advise the owner of basic operating and
190	190	159maintenance procedures including any effects on the on-site septic system.
191	191	160 u. Greywater use must not create a nuisance or damage the quality of surface water or
192	192	161groundwater. If greywater use creates a nuisance or damages the quality of surface water or
193	193	162groundwater, the permitting authority may take action to protect the surface or groundwater.
194	194	163 H. Tier 2 Greywater Systems are for greywater systems that process over 400 gallons but
195	195	164under 3,000 gallons of water per day. This category includes commercial, multifamily, and
196	196	165institutional systems. They follow the same requirements as Tier 1 above, with the additional
197	197	166requirement that Tier 2 Greywater Systems require a standard permit. The department of
198	198	167environmental protection in conjunction with the Department of Public Health and
199	199	168Massachusetts Plumbing Board of the commonwealth shall promulgate guidelines for Tier 2
200	200	169Greywater Systems.
201	201	170 I. Permits 10 of 11
202	202	171 a. Permits shall be issued by the local regulatory authority for a reasonable fee.
203	203	172 J. Enforcement
204	204	173 a. The local health officer shall enforce these rules and may initiate enforcement actions
205	205	174against the system owner or other person causing or responsible for the violation of these rules
206	206	175including system failure. Enforcement actions may include, but are not limited to, fines for each
207	207	176day the violation continues, requiring a person to stop work on any greywater system, or to divert
208	208	177the greywater to the approved public sewer system or on-site sewage system serving the
209	209	178building, until all permits, approvals, and registrations required by rule or statute are obtained.
210	210	179 b. Enforcement orders issued under this section shall be in writing and shall include the
211	211	180violation and the corrective action required, and the name, business address, and phone number
212	212	181of an appropriate staff person who may be contacted regarding the order.
213	213	182 c. Enforcement orders shall be personally served in the manner of service of a summons
214	214	183in a civil action or in a manner showing proof of receipt.
215	215	184 K. Waivers
216	216	185 a. The local health officer may grant a waiver from specific requirements of this section if
217	217	186the officer determines:
218	218	187 i. That the waiver requested is the minimum deviation from the specific requirements of
219	219	188this chapter that is necessary for the conditions; and
220	220	189 ii. The alternative approach proposed by the person requesting the waiver is consistent
221	221	190with the requirements and intent of these rules. 11 of 11
222	222	191 L. Applicable Building Types
223	223	192 a. This section shall apply as a mandatory regulation to all new multifamily building
224	224	193construction projects, as defined in 780 CMR for one and two family units and multifamily units,
225	225	194and all significant multifamily addition or renovation projects over 10,000 square feet and as
226	226	195defined by the Massachusetts Building Code.
227	227	196 M. Effective date
228	228	197 a. This section shall take effect on January 1, 2016.
229	229	198 Section 2. Chapter 248 of the Code of Massachusetts Regulations Section 10.03 of the
230	230	199Uniform State Plumbing Code is hereby amended by replacing the definition of Gray-water. with
231	231	200the following:
232	232	201 A. Greywater is defined as wastewater from showers, bathtubs, hand washing lavatories,
233	233	202sinks that are not used for disposal of hazardous or toxic ingredients, sinks that are not used for
234	234	203food preparation or disposal, and clothes washing machines. Greywater does not include
235	235	204wastewater from the washing of material, including diapers, soiled with human excreta or
236	236	205wastewater that has come in contact with toilet waste.