Legal Issues
While the ecological and financial benefits of greywater recycling are fairly well established, legal issues surrounding zoning and certification of greywater recycling system are a far less concrete. There is no clearly established legal precedent for grey water recycling, which has turned the question of legality for various recycling systems into one that is highly dependent on the local laws. Some states have very permissive regulations for greywater recycling, some are more restrictive and others ban it outright. Even internationally there’s no real consensus about the legal status of greywater recycling in developed countries.
In general there’s a good correlation between areas where there is limited or restricted water supplies and a permissive attitude towards the reuse or recycling of greywater on a household level. This is due to the proven reduction in water demand that greywater reuse produces, which can have a significant impact on the water reserves of arid regions. States like Arizona and California have some of the most active greywater recycling initiatives.
Most greywater recycling proponents point to Arizona in particular as a guide for an effective and reasonable set of laws governing the use of greywater. In brief, Arizona’s laws, established in 2002, allow for greywater reuse or recycling as long as the volume of water used is less than 400 gallons a day. Recycling systems that use various treatment techniques or exceed the water limits are subject to various regulations, as well as the best management principals. This is about as permissive as any state with respect to the reuse of greywater.
California is another example of a state with laws designed to encourage the reuse of greywater to an extent. This is due to the serious water supply issues the state is facing. California’s laws, revised in 2009, are significantly more restrictive than Arizona’s, with a greater degree of oversight and permits for the construction of any systems designed to reuse greywater. California is the middle ground for legal issues surrounding greywater recycling, at least among states attempting to encourage it to some degree.
While there is no single law or set of laws governing the use of greywater for recycling and irrigation for the United States, there is a set of plumbing guidelines known as the UPC (Uniform Plumbing Code) which has general guidelines for builders. It is largely based on the California greywater regulations, though without the legal enforcement abilities that state law possesses. Other states have policy initiatives in place pushing more clearer, more permissive greywater recycling laws. These include Washington State, Oregon and other parts of the Pacific Northwest, as well as New Mexico and Utah.
Most of these laws apply only to new construction that needs to meet the guidelines necessary to receive a building permit. Older homes with retrofitted systems aren’t necessarily as strictly regulated nor is the enforcement of the rules as strict. In the United States, most of the interest in greywater recycling is center in states with limited water supplies or climates without large amounts of rainwater. Eastern States have a far less permissive attitude towards greywater recycling.
The permissive regulation of greywater recycling found in water starved American states is also found internationally. Both Australia and New Zealand have fairly loose regulations on the use of greywater, with Australia (facing tremendous water shortages) officially encouraging the use of greywater recycling systems for home irrigation.
It is important to take legal factors into account when considering designs for a greywater recycling system, especially in new construction projects. The legal regulations can complicate the design process or even rule out certain types of recycling systems entirely. However, there is a considerable amount of grassroots pressure for the reform of greywater legislation in a number of states, so be certain to check with you locale before starting any project.