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75-5-305. Adoption of requirements for treatment of wastes -- variance procedure - appeals. (1)The board may establish minimum requirements for the treatment of wastes. For cases in which thefederal government has adopted technology-based treatment requirements for a particular industry oractivity in 40 CFR, chapter l, subchapter N, the board shall adopt those requirements by reference. To theextent that the federal government has not adopted minimum treatment requirements for a particularindustry or activity, the board may do so, through rulemaking, for parameters likely to affect beneficialuses, ensuring that the requirements are cost-effective and economically, environmentally, andtechnologically feasible. Except for the technology-based treatment requirements set forth in 40 CFR,chapter l, subchapter N, minimum treatment may not be required to address the discharge of a parameterwhen the discharge is considered nonsignificant under rules adopted pursuant to 75-5-301.(2) (a) The board shall establish minimum requirements for the control and disposal of sewage fromprivate and public buildings, including standards and procedures for variances from the requirements.(b) For gray water reuse systems, the board shall establish rules that:(i) allow the diversion of gray water from wastewater treatment systems and limit the amount of graywater flow allowed by permit;(ii) address the uses of gray water, including when and how gray water may be applied to land; and(iii) include any other provisions that the board considers necessary to ensure that gray water reusesystems comply with laws and regulations and protect public health and the environment.(3) An applicant for a variance from minimum requirements adopted by a local board of healthpursuant to 50-2-116 may appeal the local board of health's final decision to the department by submittinga written request for a hearing within 30 days after the decision. The written request must describe theactivity for which the variance is requested, include copies of all documents submitted to the local board ofhealth in support of the variance, and specify the reasons for the appeal of the local board of health's finaldecision.(4) The department shall conduct a hearing on the request pursuant to Title 2, chapter 4, part 6. Within30 days after the hearing, the department shall grant, conditionally grant, or deny the variance. Thedepartment shall base its decision on the board's standards for a variance.(5) A decision of the department pursuant to subsection (4) is appealable to district court under theprovisions of Title 2, chapter 4, parl7.75-5-325. Definitions. As used in this part, unless the context indicates othenruise, the followingdefinitions apply:(1) "Gray water" means wastewater that is collected separately from a sewage flow and that does notcontain industrial chemicals, hazardous wastes, or wastewater from toilets.(2) "Gray water reuse system" means a plumbing system that collects gray water.75-5-326. Gray water reuse : restrictions. (1) Gray water may not be used to irrigate plants to beconsumed by humans.(2) Gray water reuse systems may not be located within a flood plain, as defined in 76-5-103.75'5'327. Local gray water regulations. The requirements of 75-5-305 and 75-5-326 are minimumrequirements and do not restrict a local governing body from adopting stricter or additional regulations forgray water reuse systems.
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