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Developed and maintained by the Division of Legislative Automated Systems.
2008 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 10.1-1186.01 of the Code of Virginia is amended and reenacted as follows:
§ 10.1-1186.01. Reimbursements to localities for upgrades to treatment works.
A. The General Assembly shall fund grants to finance the reasonable costs of design and installation of nutrient removal technology at the publicly owned treatment works designated as significant dischargers contained in subsection E, or as eligible nonsignificant dischargers as defined in § 10.1-2117. Notwithstanding § 10.1-2128, at such time as grant disbursements pursuant to this section reach 200 percent of the appropriations provided for in Chapter 951 of the Acts of Assembly of 2005 and Chapter 10 of the Acts of Assembly of 2006, Special Session I, the House Committee on Agriculture, Chesapeake and Natural Resources, the House Committee on Appropriations, the Senate Committee on Agriculture, Conservation and Natural Resources, and the Senate Committee on Finance shall review the future funding needs to meet the purposes of the Water Quality Improvement Act and the appropriate funding mechanism for such needs.
B. The disbursement of grants for the design and installation
of nutrient removal technology at those publicly owned treatment works included
in subsection E and eligible nonsignificant dischargers shall be made as
follows: (i) the first phase of a grant shall be disbursed upon written
certification that 25% of the local share of the cost of nutrient removal
technology for the project has been expended; (ii) the second phase upon
written certification that 50% of the local share of the cost of nutrient
removal technology for the project has been expended; (iii) the third phase
upon written certification that 75% of the local share of the cost of the
nutrient removal technology for the project has been expended; and (iv) the
final phase upon written certification that 100% of the local share of the cost
of the construction, expansion, or upgrade of nutrient removal technology for
the project has been expended monthly based on a requisition submitted
by the grant recipient in the form requested by the Department. Each
requisition shall include written certification that the applicable local share
of the cost of nutrient removal technology for that portion of the project
covered by such requisition has been incurred or expended. Except as may
otherwise be approved by the Department, disbursements shall not exceed 95 percent
of the total grant amount until satisfactory completion of the project. The
distribution of the grants shall be effected by one of the following methods:
1. In payments to be paid by the State Treasurer out of funds appropriated to the Water Quality Improvement Fund pursuant to § 10.1-2131;
2. Over a specified time through a contractual agreement entered into by the Treasury Board and approved by the Governor, on behalf of the Commonwealth, and the locality or public service authority undertaking the design and installation of nutrient removal technology, such payments to be paid by the State Treasurer out of funds appropriated to the Treasury Board; or
3. In payments to be paid by the State Treasurer upon request of the Director of Environmental Quality out of proceeds from bonds issued by the Virginia Public Building Authority, in consultation with the Department of Environmental Quality, pursuant to §§ 2.2-2261, 2.2-2263, and 2.2-2264, including the Commonwealth's share of the interest costs expended by the locality or regional authority for financing such project during the period from 50% completion of construction to final completion of construction.
C. The General Assembly shall have the sole authority to determine whether disbursement will be made pursuant to subdivision B 1, B 2, or B 3, or a combination thereof; provided that a disbursement shall only be made pursuant to subdivision B 3 upon a certification by the Department of Environmental Quality that project grant reimbursements for the fiscal year will exceed the available funds in the Water Quality Improvement Fund.
D. Exclusive of any deposits made pursuant to § 10.1-2128, the grants awarded pursuant to this section shall include such appropriations as provided for in Chapter 951 of the Acts of Assembly of 2005; and Chapter 10 of the Acts of Assembly of 2006, Special Session I.
E. The disbursement of grants to finance the costs of design and installation of nutrient removal technology at the following 89 publicly owned treatment works and other eligible nonsignificant dischargers shall be provided pursuant to the distribution methodology included in § 10.1-2131. However, in no case shall any publicly owned treatment works receive a grant of less than 35% of the costs of the design and installation of nutrient removal technology.
FACILITY NAME OWNER
Shenandoah - Potomac River Basin
ACSA-Fishersville STP Augusta County Service Authority
Luray STP Town of Luray
ACSA-Middle River Regional STP Augusta County Service Authority
HRRSA-North River WWTF
Regional Sewer Authority Harrisonburg-Rockingham
ACSA-Stuarts Draft STP Augusta County Service Authority
Waynesboro STP City of Waynesboro
ACSA-Weyers Cave STP Augusta County Service Authority
Berryville STP Town of Berryville
Front Royal STP Town of Front Royal
Mount Jackson STP Town of Mount Jackson
New Market STP Town of New Market
Shenandoah Co.-North
Fork Regional WWTP Shenandoah County
Stoney Creek Sanitary
District STP Stoney Creek Sanitary District
Strasburg STP Town of Strasburg
Woodstock STP Town of Woodstock
FWSA-Opequon Water
Reclamation Facility Frederick-Winchester Service
Authority
FWSA-Parkins Mill WWTF Authority Frederick-Winchester Service
Purcellville-Basham Simms WWTF Town of Purcellville
LCSA-Broad Run WRF Loudoun County Service Authority
Leesburg WPCF Town of Leesburg
Round Hill WWTP Town of Round Hill
PWCSA-H.L. Mooney WWTF Authority Prince William County Service
Upper Occoquan Sewage
Authority WWTP Upper Occoquan Sewage Authority
FCW&SA-Vint Hill WWTF Fauquier County Water and Sewer
Authority
Alexandria Sanitation Authority WWTP Alexandria Sanitation Authority
Arlington Co. WPCF Arlington County
Fairfax Co. - Noman-Cole
Pollution Control Facility Fairfax County
Stafford Co.-Aquia WWTP Stafford County
Colonial Beach STP Town of Colonial Beach
Dahlgren Sanitary District WWTP
Authority King George County Service
Fairview Beach STP Authority King George County Service
Purkins Corner WWTP Authority King George County Service
District of Columbia - Blue
Plains STP (Virginia portion
and Fairfax County contract
for capacity) Loudoun County Service Authority
Rappahannock River Basin
Culpeper WWTP Town of Culpeper
Marshall WWTP Town of Marshall
Mountain Run WWTP Culpeper County
Orange STP Town of Orange
Rapidan STP Rapidan Service Authority
FCW&SA-Remington WWTP Fauquier County Water and Sewer
Authority
Warrenton STP Town of Warrenton
Wilderness Shores WWTP Rapidan Service Authority
Spotsylvania Co.-FMC WWTF Spotsylvania County
Fredericksburg WWTF City of Fredericksburg
Stafford Co.-Little Falls Run WWTF Stafford County
Spotsylvania Co.-Massaponax WWTF Spotsylvania County
Montross-Westmoreland WWTP Westmoreland County
Oakland Park STP Authority King George County Service
Tappahannock WWTP Town of Tappahannock
Urbanna WWTP Hampton Roads Sanitation District
Warsaw STP Town of Warsaw
Reedville Sanitary District WWTP Reedville Sanitary District
Kilmarnock WWTP Town of Kilmarnock
York River Basin
Caroline Co. Regional STP Caroline County
Gordonsville STP Rapidan Service Authority
Ashland WWTP Hanover County
Doswell WWTP Hanover County
HRSD-York River STP Hampton Roads Sanitation District
Parham Landing WWTP New Kent County
Totopotomoy WWTP Hanover County
HRSD-West Point STP Hampton Roads Sanitation District
HRSD-Mathews Courthouse STP Hampton Roads Sanitation District
James River Basin
Buena Vista STP City of Buena Vista
Clifton Forge STP Town of Clifton Forge
Covington STP City of Covington
Lexington-Rockbridge Regional WQCF Maury Service Authority
Alleghany Co.-Low Moor STP Alleghany County
Alleghany Co.-Lower Jackson River WWTP Alleghany County
Amherst-Rutledge Creek WWTP Town of Amherst
Lynchburg STP City of Lynchburg
RWSA-Moores Creek Regional STP
Authority Rivanna Water and Sewer
Crewe WWTP Town of Crewe
Farmville WWTP Town of Farmville
Chesterfield Co.-Falling Creek WWTP Chesterfield County
Henrico Co. WWTP Henrico County
Hopewell Regional WWTF City of Hopewell
Chesterfield Co.-Proctors Creek WWTP Chesterfield County
Richmond WWTP City of Richmond
South Central Wastewater
Authority WWTF South Central Wastewater Authority
Chickahominy WWTP New Kent County
HRSD-Boat Harbor STP District Hampton Roads Sanitation
HRSD-James River STP District Hampton Roads Sanitation
HRSD-Williamsburg STP District Hampton Roads Sanitation
HRSD-Nansemond STP District Hampton Roads Sanitation
HRSD-Army Base STP District Hampton Roads Sanitation
HRSD-Virginia Initiative Plant STP
District Hampton Roads Sanitation
HRSD-Chesapeake/Elizabeth STP
District Hampton Roads Sanitation
Eastern Shore Basin
Cape Charles WWTP Town of Cape Charles
Onancock WWTP Town of Onancock
Tangier Island WWTP Town of Tangier
F. To the extent that any publicly owned treatment works receives less than the grant specified pursuant to § 10.1-2131, any year-end revenue surplus or unappropriated balances deposited in the Water Quality Improvement Fund, as required by § 10.1-2128, shall be prioritized in order to augment the funding of those projects for which grants have been prorated. Any additional reimbursements to these prorated projects shall not exceed the total reimbursement amount due pursuant to the formula established in subsection E of § 10.1-2131.
G. Notwithstanding the provisions of subsection B of § 10.1-2131, the Director of the Department of Environmental Quality shall not be required to enter into a grant agreement with a facility designated as a significant discharger or eligible nonsignificant discharger if the Director determines that the use of nutrient credits in accordance with the Chesapeake Bay Watershed Nutrient Credit Exchange Program (§ 62.1-44.19:12 et seq.) would be significantly more cost-effective than the installation of nutrient controls for the facility in question.