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Based on the outcomes of the pilot program and effective December 2016, MassDEP’s updated regulations at 314 CMR 5.00 incorporated the following language to allow for the use of waste water treatment strips on farms:
5.05: Activities Not Requiring a Permit
The following activities do not require a permit pursuant to M.G.L. c. 21, § 43 and 314 CMR 5.00:
(18) The on-site infiltration of produce pack house wash water into the ground provided that only clean potable water containing no detergents or other additives is used for washing. Infiltration best management practices, such as gravel or stone pads, must be designed, sited and maintained to prevent off-site run-off and protect sensitive resources, including drinking water wells, surface waters and wetlands. This exemption does not include point source discharges of such wash water.
(19) The construction, installation, modification, operation or maintenance of waste treatment areas used for the treatment of agricultural process waters that are installed and maintained in accordance with the Conservation Practice Standards for Waste Treatment Code 629 (“NRCS Code 629”), March 2011, and Vegetated Treatment Area Code 635 (“NRCS Code 635”), March 2009, developed by the Natural Resources Conservation Service of the U.S. Department of Agriculture.
As of 2018, the pilot program is terminated.