Policy and Legislation
Graywater: Major State Legislation
In 2008 the state legislature passed SB 1258 (Lowenthal), “Showers to Flowers”, which moved responsibility for regulating residential graywater from the Department of Water Resources (DWR) to the Department of Housing and Community Development (HCD). HCD was charged with revising the existing code to facilitate and encourage the installation of legal graywater systems in residences.
The new residential Graywater Standard, incorporated into the California Plumbing Code (Title 24, Part 5, Chapter 16A), divides graywater installations into three tiers: clothes washer systems (commonly referred to as laundry-to-landscape systems); simple systems, which reuse up to 250 gallons per day; and complex systems, using over 250 gallons per day. A clothes washer system can be installed without a building permit, as long as installation guidelines in the code are followed. The next two tiers do require a building permit, but the technical stipulations are clear and reasonable and help ensure a consistent level of quality that protects consumers and the environment.
This revised state code specifies that untreated graywater may only be used outdoors (for irrigation). It may be applied to all kinds of plants, including food plants, except the edible portions. It may be distributed fairly near the soil surface, but must be covered by at least 2” of mulch. Required setbacks from buildings and property lines are 2.0 and 1.5 feet respectively, so graywater can be used to irrigate landscape strips along buildings and boundary fences.
Graywater that will be reused indoors (for toilet and urinal flushing) must be treated to at least tertiary recycled water standards and it is subject to other regulations governing recycled water. Note also that kitchen sink water, dishwasher effluent and diaper wash water are excluded from the graywater standard. They are effectively defined as blackwater (sewage). Experts continue to discuss whether these should be regulated as “dark graywater”. Much further work is needed to synchronize laws and regulations for each of these distinct types of water (graywater, dark graywater, recycled water, blackwater) with the respective treatments that make the most scientific and environmental sense and with the highest possible use of the resources they represent.
Additional state regulations
Provisions in California Health and Safety Code relating to graywater (among others):
- Division 13, Part 1.5, Chapter 5, Article 3: Use of graywater; Part 2.5, Chapter 4: local agencies authority to adopt stricter graywater codes;
Provisions in the California Water Code relating to graywater (among others):
- Division 1, Chapter 6: Water Reuse Law;
- Division 7 (Water Quality), Chapter 2: Definitions, including definition of recycled water; Chapter 4.5: regulates on-site sewage treatment and disposal systems; Chapter 6; Chapter 7: The Water Recycling Law; Chapter 7.5: The Water Recycling Act of 1991; Chapter 22: Graywater Systems;
Graywater: Local Adoption
Local "enforcing authorities", which include municipal and county building officials and county health departments, are authorized to pass local ordinances with more stringent standards than those in the new state plumbing code. Some jurisdictions, like the City of Berkeley and Fairfax (Marin County), support the new graywater code. Other cities and counties may pass provisions mandating building permits for even the lowest-tier laundry-to-landscape systems, or may institute other additional requirements. Thus it is essential to check with the building and health authorities with jurisdiction over your location before proceeding with the design and installation of a residential graywater system.
Graywater systems for occupancies not regulated by the California Department of Housing and Community Development—such as commercial, institutional, industrial and agricultural—will be subject to requirements spread across various areas of state and local laws and regulations, differing greatly by the type of facility and intended use of the graywater system. Attitudes and interpretations of regulators will most likely vary widely from one locale to another. Often several layers of permitting authorities may be involved, from city to county and state. The graywater element should be integrated into the project design early on. It is highly recommended that architects and civil engineers experienced with alternative water installations and local regulators be hired to increase the chances of successfully obtaining the needed permits.
More details about graywater laws and regulations
- http://oasisdesign.net/greywater/law/california/currentcode/index.htm
- http://greywateralliance.org/index.html
- http://www.hcd.ca.gov/codes/shl/graywater_emergency.html
