The State Water Control Board (SWCB) is proposing to update the Water Reclamation and Reuse regulations, including a provision to specifically exclude rainwater harvesting from the regulation's requirements. This is beneficial to all developers who are planning to include rainwater harvesting as part of a stormwater management plan or to help meet the requirements of a local Watershed Implementation Plan (WIP).  (Note, however, that rainwater harvesting is still subject to the requirements of the Uniform Building Code (UBC); see Field Notes Vol. 19, No. 3.)

At the August 4, 2011, meeting of the State Water Control Board, the proposed amendments to the Water Reclamation and Reuse regulations were approved for public comment. A Notice of Intended Regulatory Action (NOIRA) was previously published on January 3, 2011, and a Regulatory Advisory Panel (RAP) met four times between April and July to assist with crafting the proposed amendments. The twenty-five (25) amendments to the existing Water Reclamation and Reuse regulation aim to promote water reclamation in a manner that protects both the environment and public health.

One of the proposed revisions specifically excludes the "utilization of gray water, harvested rainwater, or stormwater" from the requirements of the regulation because it is already subject to the Virginia Rainwater Harvesting and Use Guidelines developed by the Virginia Department of Health (VDH); see Field Notes Vol. 19, No. 4. Proposed revisions to the definitions section of the regulation also specifically exclude harvested rainwater and graywater from the definition of reclaimed water. These revisions mean that harvested rainwater will not be subject to the regulation's strict monitoring, inspection, and other requirements, although they are still subject to the requirements of the recently-adopted UBC.

The public comment period on the proposed regulatory revisions will commence upon their approval by the Executive Branch. We encourage developers who may utilize rainwater harvesting on their upcoming projects to voice support for the proposed revisions once the Notice of Public Comment has been posted on the Virginia Regulatory Town Hall.

For more information, contact Jennifer Brophy-Price, Bethany Bezak, or Mike Rolband.