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| 2 | 2 | | SENATE DOCKET, NO. 2572 FILED ON: 1/17/2025 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 591 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | James B. Eldridge |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act relative to greywater recycling. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :James B. EldridgeMiddlesex and Worcester 1 of 10 |
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| 16 | 16 | | SENATE DOCKET, NO. 2572 FILED ON: 1/17/2025 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 591 |
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| 18 | 18 | | By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 591) of James B. Eldridge for |
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| 19 | 19 | | legislation relative to greywater recycling. Environment and Natural Resources. |
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| 20 | 20 | | The Commonwealth of Massachusetts |
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| 21 | 21 | | _______________ |
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| 22 | 22 | | In the One Hundred and Ninety-Fourth General Court |
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| 23 | 23 | | (2025-2026) |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | An Act relative to greywater recycling. |
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| 26 | 26 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 27 | 27 | | of the same, as follows: |
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| 28 | 28 | | 1 SECTION 1. Chapter 142 of the General Laws is hereby amended by inserting after |
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| 29 | 29 | | 2section 22 the following section:- |
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| 30 | 30 | | 3 Section 23. Regulating single family greywater recycling systems and mandating |
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| 31 | 31 | | 4greywater recycling in new multifamily construction projects in the commonwealth. |
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| 32 | 32 | | 5 (a) As used in this section, the following words shall, unless the context clearly requires |
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| 33 | 33 | | 6otherwise, have the following meanings:- |
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| 34 | 34 | | 7 “Blackwater”, wastewater containing fecal matter and urine. It is also known as brown |
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| 35 | 35 | | 8water, foul water, or sewage. It is distinct from greywater or sullage, the residues of washing |
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| 36 | 36 | | 9processes. Blackwater should not be used in the home because of the high risk of contamination |
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| 37 | 37 | | 10by bacteria, viruses and other pathogens. |
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| 38 | 38 | | 11 “Greywater”, wastewater from showers, bathtubs, hand washing lavatories, sinks that are |
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| 39 | 39 | | 12not used for disposal of hazardous or toxic ingredients, sinks that are not used for food 2 of 10 |
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| 40 | 40 | | 13preparation or disposal, and clothes-washing machines. Greywater does not include wastewater |
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| 41 | 41 | | 14from the washing of material, including diapers, soiled with human excreta or wastewater that |
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| 42 | 42 | | 15has come in contact with toilet waste. |
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| 43 | 43 | | 16 “Greywater irrigation system”, an integrated system of components located on the |
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| 44 | 44 | | 17property it serves, on or nearby property where it is legally allowed to be used, that conveys |
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| 45 | 45 | | 18greywater from the building where it originates and provides irrigation of plants. |
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| 46 | 46 | | 19 “On-site sewage system”, an integrated system of components located on or nearby the |
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| 47 | 47 | | 20property it serves that conveys, stores, treats, and/or provides subsurface soil treatment and |
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| 48 | 48 | | 21dispersal of sewage. It consists of a collection system, a treatment component or treatment |
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| 49 | 49 | | 22sequence, and a soil dispersal component. An on-site sewage system also refers to a holding tank |
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| 50 | 50 | | 23sewage system or other swage system that does not have a soil dispersal component. |
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| 51 | 51 | | 24 “Public sewer system”, facilities used in the collection, transmission, storage, treatment, |
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| 52 | 52 | | 25or discharge of any waterborne waste, whether domestic in origin or a combination of domestic, |
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| 53 | 53 | | 26commercial, or industrial wastewater. A public sewer system may also be called a sanitary sewer |
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| 54 | 54 | | 27system. |
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| 55 | 55 | | 28 “Single family residence”, a single-family house that is not used for commercial or other |
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| 56 | 56 | | 29nonresidential purposes. |
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| 57 | 57 | | 30 “Tier 1 greywater system” a greywater recycling and irrigation system with a maximum |
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| 58 | 58 | | 31design flow of 400 gallons per day, as documented by the local building official during the |
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| 59 | 59 | | 32permitting phase, serving a single-family residence. A Tier 1 system serves a single-family |
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| 60 | 60 | | 33residence connected to an approved public sewer system or on-site sewage system. 3 of 10 |
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| 61 | 61 | | 34 “Tier 2 greywater system” a greywater recycling and irrigation system serving a |
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| 62 | 62 | | 35residential or nonresidential building. A Tier 2 system only serves a building connected to an |
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| 63 | 63 | | 36approved public sewer system or large on-site sewage system. |
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| 64 | 64 | | 37 (b) (1) The purpose of this section is to establish regulations that provide building owners |
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| 65 | 65 | | 38with guidelines for simple, cost-effective options for reusing greywater for toilet flushing and |
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| 66 | 66 | | 39subsurface irrigation. |
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| 67 | 67 | | 40 (2) This section is intended to encourage water conservation, and re-use in communities |
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| 68 | 68 | | 41across the commonwealth, save money, increase the effective water supply, and protect public |
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| 69 | 69 | | 42health and water quality. |
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| 70 | 70 | | 43 (c) Applicability |
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| 71 | 71 | | 44 (1) This section applies to (i) multi-family buildings utilizing less than 3,000 gallons of |
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| 72 | 72 | | 45water per day; and the reuse of greywater inside buildings regulated by the Uniform State |
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| 73 | 73 | | 46Plumbing Code. |
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| 74 | 74 | | 47 (2) Greywater reuse shall comply with all applicable local ordinances and codes, and |
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| 75 | 75 | | 48state statutes and regulations including, but not limited to, the Uniform State Plumbing Code. |
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| 76 | 76 | | 49 (3) The use of a greywater recycling and irrigation system shall not serve as an |
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| 77 | 77 | | 50alternative to the use of an approved on-site sewerage system or connection to an approved |
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| 78 | 78 | | 51public sewer for greywater disposal at any building, including buildings using waterless toilets. |
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| 79 | 79 | | 52 (d) (1) The local board of health for all cities and towns in the commonwealth shall |
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| 80 | 80 | | 53implement this section. In the event that a local board of health does not implement this section, 4 of 10 |
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| 81 | 81 | | 54the provisions of this section shall nonetheless apply to greywater reuse for toilet flushing and |
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| 82 | 82 | | 55irrigation in that jurisdiction. |
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| 83 | 83 | | 56 (2) If a local board of health is unable to adjust its resources to implement and enforce |
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| 84 | 84 | | 57this section in accordance with subsection (a) of this section, the provisions of section 23 shall |
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| 85 | 85 | | 58continue to apply to greywater reuse for toilet flushing and irrigation in that jurisdiction. |
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| 86 | 86 | | 59 (3) The local board of health may establish fees for greywater recycling system permits |
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| 87 | 87 | | 60under this section and the local health officer is authorized to collect fees to implement this |
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| 88 | 88 | | 61section. |
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| 89 | 89 | | 62 (4) Nothing in this section prohibits a local board of health from adopting and enforcing |
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| 90 | 90 | | 63more stringent regulations than those set forth in this section. |
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| 91 | 91 | | 64 (e) (1) Construction of a greywater system, including storage and disposal systems, must |
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| 92 | 92 | | 65comply with this chapter and any more stringent requirements of the state code. |
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| 93 | 93 | | 66 (2) Greywater shall not contain hazardous chemicals derived from activities including, |
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| 94 | 94 | | 67but not limited to, cleaning car parts, washing greasy or oily rags or disposing of waste solutions |
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| 95 | 95 | | 68from home photo labs or similar hobbyist or home occupational activities. |
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| 96 | 96 | | 69 (3) The design goal for a greywater recycling system shall be to store greywater for no |
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| 97 | 97 | | 70longer than 24 hours. |
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| 98 | 98 | | 71 (4) This section shall permit the reuse of kitchen sink water with approval from the local |
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| 99 | 99 | | 72building official; provided, further, that that kitchen sink water shall be applied subsoil or |
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| 100 | 100 | | 73contained within a rat-proof outlet shield. 5 of 10 |
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| 101 | 101 | | 74 (5) Towns or cities shall not further limit the use of greywater described in this section by |
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| 102 | 102 | | 75rule or ordinance. |
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| 103 | 103 | | 76 (f) Tier 1 Greywater Systems allow private residential direct reuse of greywater for a |
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| 104 | 104 | | 77flow of less than 400 gallons per day. This section shall not require a permit for applying less |
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| 105 | 105 | | 78than 400 gallons per day of private residential greywater originating from a residence for the |
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| 106 | 106 | | 79residence s toilet flushing, household gardening, composting, or landscape irrigation if the |
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| 107 | 107 | | 80following conditions are satisfied: |
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| 108 | 108 | | 81 (1) The greywater originates from a single family dwelling; |
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| 109 | 109 | | 82 (2) Human contact with greywater and soil irrigated by greywater is avoided; |
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| 110 | 110 | | 83 (3) Greywater is applied in a manner that minimizes the potential for contact between |
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| 111 | 111 | | 84greywater or soil irrigated with greywater and domestic pets; |
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| 112 | 112 | | 85 (4) A constructed greywater distribution system provides for overflow or diversion into |
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| 113 | 113 | | 86the sewer system or on-site wastewater treatment and disposal system; |
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| 114 | 114 | | 87 (g) (1) A greywater system shall be connected to the public sewer system or on-site |
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| 115 | 115 | | 88sewage system if the following requirements are satisfied: |
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| 116 | 116 | | 89 (i) The connection shall be in the line between the house stub-out for the on-site |
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| 117 | 117 | | 90wastewater treatment and disposal system and the on-site treatment tank. |
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| 118 | 118 | | 91 (ii) The greywater system is constructed so that if blockage, plugging or backup of the |
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| 119 | 119 | | 92system occurs greywater can be directed in to the sewage collection system or onsite wastewater |
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| 120 | 120 | | 93treatment and disposal system, as applicable except as provided for under the fourth paragraph. 6 of 10 |
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| 121 | 121 | | 94The greywater system may include a means of filtration to reduce plugging and extend system |
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| 122 | 122 | | 95lifetime; |
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| 123 | 123 | | 96 (iii) The greywater distribution system shall be designed so that 100 per cent of the |
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| 124 | 124 | | 97greywater may be diverted to the sewer system or on-site wastewater treatment and disposal |
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| 125 | 125 | | 98system during periods of non-use of the greywater system. For residential use an onsite |
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| 126 | 126 | | 99wastewater treatment facility for blackwater treatment and disposal, the use of a greywater |
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| 127 | 127 | | 100system shall not change the design, capacity, or reserve area requirements for the onsite |
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| 128 | 128 | | 101wastewater treatment facility at a residence, and ensures that the facility can handle the |
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| 129 | 129 | | 102combined blackwater and greywater flow if the greywater system fails or is not fully used. The |
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| 130 | 130 | | 103greywater system shall be designed with two valved zones, each of which can accommodate the |
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| 131 | 131 | | 104full expected greywater volume. Providing the greywater system passes a flow test in each zone, |
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| 132 | 132 | | 105the capacity of the on-site system may be reduced, or in the instance that an approved |
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| 133 | 133 | | 106composting toilet system is present, eliminated; |
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| 134 | 134 | | 107 (iv) Greywater diverter valves shall be downstream from traps and vents in plumbing that |
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| 135 | 135 | | 108leads to septic or sewer; |
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| 136 | 136 | | 109 (v) The greywater is stored in tanks per 248 CMR 10.03(b) and the tanks: |
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| 137 | 137 | | 110 (A) Are clearly labeled as nonpotable water; |
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| 138 | 138 | | 111 (B) Utilize biodegradable nontoxic dye to color the greywater to identify it in contrast to |
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| 139 | 139 | | 112potable water; |
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| 140 | 140 | | 113 (C) Restrict access, including, but not limited to, children; |
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| 141 | 141 | | 114 (D) Are covered to eliminate habitat for mosquitoes and other pests; 7 of 10 |
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| 142 | 142 | | 115 (E) Are able to be cleaned; |
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| 143 | 143 | | 116 (F) Are sited outside of a floodway; and |
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| 144 | 144 | | 117 (G) Meet the structural requirements of the 2004 American Water Works Association |
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| 145 | 145 | | 118standards; |
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| 146 | 146 | | 119 (vi) The greywater system shall use piping clearly identified as a nonpotable water |
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| 147 | 147 | | 120conduit, including, but not limited to, identification through the use of painted purple pipe, |
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| 148 | 148 | | 121purple pipe or pipe taped with purple metallic tape; |
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| 149 | 149 | | 122 (vii) The greywater system shall be operated to maintain a minimum vertical separation |
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| 150 | 150 | | 123distance of at least 5 feet from the point of greywater application to the top of the seasonally high |
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| 151 | 151 | | 124groundwater table; |
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| 152 | 152 | | 125 (viii) Greywater applied by surface irrigation shall not contain water used to wash diapers |
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| 153 | 153 | | 126or similarly soiled or infectious garments unless the greywater is disinfected before irrigation; |
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| 154 | 154 | | 127 (ix) Application of greywater shall be managed to minimize standing water on the surface |
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| 155 | 155 | | 128and to ensure that the hydraulic capacity of the soil is not exceeded, for example by splitting the |
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| 156 | 156 | | 129flow, moderate application rates, and generous mulching; |
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| 157 | 157 | | 130 (x) The greywater shall be applied at a rate that will not result in ponding or pooling or |
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| 158 | 158 | | 131will not cause runoff across the property lines outside of the site where it was generated or onto |
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| 159 | 159 | | 132any paved surface; |
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| 160 | 160 | | 133 (xi) Surface application of greywater shall not be used for irrigation of food plants which |
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| 161 | 161 | | 134have an edible portion that comes in direct contact with greywater; 8 of 10 |
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| 162 | 162 | | 135 (xii) Surface irrigation for greywater shall only be by flood or drip irrigation. |
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| 163 | 163 | | 136Containment within horticultural basins or swales is encouraged for flood irrigation; |
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| 164 | 164 | | 137 (xiii) The greywater shall not be disposed of using a spray distribution system; |
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| 165 | 165 | | 138 (xiv) the greywater shall not be discharged into a river corridor as defined by 302 CMR |
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| 166 | 166 | | 1393; and |
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| 167 | 167 | | 140 (xv) the greywater use within cities or towns shall comply with all applicable local |
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| 168 | 168 | | 141ordinances. |
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| 169 | 169 | | 142 (xvi) No reduction in the size of the on-site septic system shall be permitted when using a |
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| 170 | 170 | | 143greywater system. |
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| 171 | 171 | | 144 (xvii) A builder of a single family dwellings may: |
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| 172 | 172 | | 145 (A) Install plumbing in new housing to collect greywater from all allowable sources; and |
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| 173 | 173 | | 146 (B) Design and install a subsurface greywater system around the foundation of new |
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| 174 | 174 | | 147housing to minimize foundation movement or cracking. |
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| 175 | 175 | | 148 (xviii) Greywater shall only be used: |
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| 176 | 176 | | 149 (A) For flushing toilets; |
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| 177 | 177 | | 150 (B) For gardening inedible food plants; |
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| 178 | 178 | | 151 (C) For composting; or |
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| 179 | 179 | | 152 (D) For landscaping at a single family dwelling. 9 of 10 |
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| 180 | 180 | | 153 (xix) The installer of the greywater system shall advise the owner of basic operating and |
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| 181 | 181 | | 154maintenance procedures including any effects on the on-site septic system. |
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| 182 | 182 | | 155 (xx) Greywater shall not create a nuisance or damage the quality of surface water or |
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| 183 | 183 | | 156groundwater. If greywater use creates a nuisance or damages the quality of surface water or |
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| 184 | 184 | | 157groundwater, the permitting authority may take action to protect the surface or groundwater. |
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| 185 | 185 | | 158 (h) Tier 2 Greywater Systems are for greywater systems that process over 400 gallons but |
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| 186 | 186 | | 159under 3,000 gallons of water per day. This category includes commercial, multifamily, and |
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| 187 | 187 | | 160institutional systems. They follow the same requirements as Tier 1 above, with the additional |
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| 188 | 188 | | 161requirement that Tier 2 Greywater Systems require a standard permit. The department of |
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| 189 | 189 | | 162environmental protection in conjunction with the Department of Public Health and |
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| 190 | 190 | | 163Massachusetts Plumbing Board of the commonwealth shall promulgate guidelines for Tier 2 |
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| 191 | 191 | | 164Greywater Systems. |
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| 192 | 192 | | 165 (i) (1) Permits shall be issued by the local regulatory authority for a reasonable fee. |
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| 193 | 193 | | 166 (j) (1) The local health officer shall enforce these rules and may initiate enforcement |
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| 194 | 194 | | 167actions against the system owner or other person causing or responsible for the violation of these |
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| 195 | 195 | | 168rules including system failure. Enforcement actions may include, but are not limited to, fines for |
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| 196 | 196 | | 169each day the violation continues, requiring a person to stop work on any greywater system or to |
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| 197 | 197 | | 170divert the greywater to the approved public sewer system or on-site sewage system serving the |
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| 198 | 198 | | 171building until all permits, approvals, and registrations required by rule or statute are obtained. |
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| 199 | 199 | | 172 (2) Enforcement orders issued under this section shall be in writing and shall include the |
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| 200 | 200 | | 173violation and the corrective action required and the name, business address, and phone number of |
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| 201 | 201 | | 174an appropriate staff person who may be contacted regarding the order. 10 of 10 |
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| 202 | 202 | | 175 (3) Enforcement orders shall be personally served in the manner of service of a summons |
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| 203 | 203 | | 176in a civil action or in a manner showing proof of receipt. |
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| 204 | 204 | | 177 (k) (1) The local health officer may grant a waiver from specific requirements of this |
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| 205 | 205 | | 178section if the officer determines: |
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| 206 | 206 | | 179 (i) That the waiver requested is the minimum deviation from the specific requirements of |
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| 207 | 207 | | 180this chapter that is necessary for the conditions; and |
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| 208 | 208 | | 181 (ii) The alternative approach proposed by the person requesting the waiver is consistent |
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| 209 | 209 | | 182with the requirements and intent of these rules. |
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| 210 | 210 | | 183 (l) (1) This section shall apply as a mandatory regulation to all new multifamily building |
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| 211 | 211 | | 184construction projects, as defined in 780 CMR for one and two family units and multifamily units, |
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| 212 | 212 | | 185and all significant multifamily addition or renovation projects over 10,000 square feet and as |
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| 213 | 213 | | 186defined by the Massachusetts Building Code. |
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| 214 | 214 | | 187 (m) (1) This section shall take effect on January 1, 2026. |
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