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- Subject Index: Since 1995
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2021 SPECIAL SESSION I
21101859DBe it enacted by the General Assembly of Virginia:
1. That §§ 10.1-1186.01, 62.1-44.19:13, and 62.1-44.19:14 of the Code of Virginia are amended and reenacted as follows:
§ 10.1-1186.01. Reimbursements to localities for upgrades to treatment works.
A. As used in this section, "Enhanced Nutrient Removal Certainty Program" or "ENRC Program" means the same as that term is defined in § 62.1-44.19:13.
B.
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, F or as eligible
nonsignificant dischargers as defined in § 10.1-2117. Notwithstanding
§ 10.1-2128, at such time as When 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 a sum sufficient to fund the
completion of the ENRC
Program at all publicly owned treatment works,
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 and Appropriations
shall review (i)
the future funding needs to meet the purposes of the Water Quality Improvement
Act, (ii) the
most recent annual needs estimate required by § 10.1-2134.1,
and (iii) the appropriate funding
mechanism for such needs.
B. C. The disbursement of grants
for the design and installation of nutrient removal technology at those
publicly owned treatment works included in subsection E F and eligible nonsignificant
dischargers shall be made 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% 50 percent completion of
construction to final completion of construction.
C. D. The General Assembly shall have
has the sole authority to determine whether disbursement will
shall 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 only
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. The ENRC Program shall proceed regardless of
whether project grant reimbursements for the fiscal year will exceed the
available funds in the Water Quality Improvement Fund; however, no
additional total nitrogen or total phosphorus waste load
allocation reductions below
the allocations established as of January 1,
2021, in the general permit and registration list under
subdivision C 6 of § 62.1-44.19:14 shall be adopted prior to completion of the
first municipal decennial review under subdivision D 3 of §
62.1-44.19:14.
D. E. 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
from time to time in the appropriation
act or any amendments
thereto.
E. F. The disbursement of grants
to finance the costs of design and installation of nutrient removal technology, including eligible design and installation costs
for implementation of the ENRC Program, 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 The notation
"WIP3-N" or
"WIP3-P" indicates
that a facility is
subject to additional requirements for total nitrogen or total phosphorus,
respectively, under the ENRC Program. In
no case shall any publicly owned treatment works receive a grant of less than 35% 35 percent
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 WIP3-P |
Harrisonburg-Rockingham Regional Sewer Authority |
|
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 |
Frederick-Winchester Service Authority |
|
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 |
Prince William County Service Authority |
|
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 |
King George County Service Authority |
|
Fairview Beach STP |
King George County Service Authority |
|
Purkins Corner WWTP |
King George County Service Authority |
|
District of Columbia - Blue Plains STP (Virginia portion) |
Loudoun County Service Authority and Fairfax County contract for capacity |
|
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 WIP3-N, WIP3-P |
Spotsylvania County |
|
Fredericksburg WWTF |
City of Fredericksburg |
|
Stafford Co.-Little Falls Run WWTF |
Stafford County |
|
Spotsylvania Co.-Massaponax WWTF WIP3-N, WIP3-P |
Spotsylvania County |
|
Montross-Westmoreland WWTP |
Westmoreland County |
|
Oakland Park STP |
King George County Service Authority |
|
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 WIP3-N, WIP3-P |
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 |
|
Spotsylvania Co.-Thornburg STP WIP3-N, WIP3-P |
Spotsylvania County |
|
James River Basin |
|
|
Buena Vista STP WIP3-P |
City of Buena Vista |
|
Clifton Forge STP WIP3-P |
Town of Clifton Forge |
|
Covington STP WIP3-P |
City of Covington |
|
Lexington-Rockbridge Regional WQCF WIP3-P |
Maury Service Authority |
|
Alleghany Co.-Low Moor STP WIP3-P |
Alleghany County |
|
Alleghany Co.-Lower Jackson River WWTP WIP3-P |
Alleghany County |
|
Amherst-Rutledge Creek WWTP WIP3-P |
Town of Amherst |
|
Lynchburg STP WIP3-P |
City of Lynchburg |
|
RWSA-Moores Creek Regional STP WIP3-P |
Rivanna Water and Sewer Authority |
|
Crewe WWTP WIP3-P |
Town of Crewe |
|
Farmville WWTP WIP3-P |
Town of Farmville |
|
Chesterfield Co.-Falling Creek WWTP WIP3-P |
Chesterfield County |
|
Henrico Co. WWTP WIP3-P |
Henrico County |
|
Hopewell Regional WWTF WIP3-P |
City of Hopewell |
|
Chesterfield Co.-Proctors Creek WWTP WIP3-P |
Chesterfield County |
|
Richmond WWTP WIP3-P |
City of Richmond |
|
South Central Wastewater Authority WWTF WIP3-N, WIP3-P |
South Central Wastewater Authority |
|
Chickahominy WWTP WIP3-P |
New Kent County |
|
HRSD-Boat Harbor STP WIP3-N, WIP3-P |
Hampton Roads Sanitation District |
|
HRSD-James River STP WIP3-N, WIP3-P |
Hampton Roads Sanitation District |
|
HRSD-Williamsburg STP WIP3-N, WIP3-P |
Hampton Roads Sanitation District |
|
HRSD-Nansemond STP WIP3-N, WIP3-P |
Hampton Roads Sanitation District |
|
HRSD-Army Base STP WIP3-N, WIP3-P |
Hampton Roads Sanitation District |
|
HRSD-Virginia Initiative Plant STP WIP3-N, WIP3-P |
Hampton Roads Sanitation District |
|
HRSD-Chesapeake/Elizabeth STP WIP3-N, WIP3-P |
Hampton Roads Sanitation District |
|
Eastern Shore Basin |
|
|
Cape Charles WWTP |
Town of Cape Charles |
|
Onancock WWTP |
Town of Onancock |
|
Tangier Island WWTP |
Town of Tangier |
F. G. 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. H. 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.
§ 62.1-44.19:13. Definitions.
As used in this article, unless the context requires a different meaning:
"Annual mass load of total nitrogen" (expressed in pounds per year) means the daily total nitrogen concentration (expressed as mg/L to the nearest 0.01 mg/L) multiplied by the flow volume of effluent discharged during the 24-hour period (expressed as MGD to the nearest 0.01 MGD), multiplied by 8.34 and rounded to the nearest whole number to convert to pounds per day (lbs/day) units, then totaled for the calendar month to convert to pounds per month (lbs/mo) units, and then totaled for the calendar year to convert to pounds per year (lbs/yr) units.
"Annual mass load of total phosphorus" (expressed in pounds per year) means the daily total phosphorus concentration (expressed as mg/L to the nearest 0.01mg/L) multiplied by the flow volume of effluent discharged during the 24-hour period (expressed as MGD to the nearest 0.01 MGD) multiplied by 8.34 and rounded to the nearest whole number to convert to pounds per day (lbs/day) units, then totaled for the calendar month to convert to pounds per month (lbs/mo) units, and then totaled for the calendar year to convert to pounds per year (lbs/yr) units.
"Association" means the Virginia Nutrient Credit Exchange Association authorized by this article.
"Attenuation" means the rate at which nutrients are reduced through natural processes during transport in water.
"Best management practice," "practice," or "BMP" means a structural practice, nonstructural practice, or other management practice used to prevent or reduce nutrient loads associated with stormwater from reaching surface waters or the adverse effects thereof.
"Biological nutrient removal technology" means (i) technology that will achieve an annual average total nitrogen effluent concentration of eight milligrams per liter and an annual average total phosphorus effluent concentration of one milligram per liter, or (ii) equivalent reductions in loads of total nitrogen and total phosphorus through the recycle or reuse of wastewater as determined by the Department.
"Delivered total nitrogen load" means the discharged mass load of total nitrogen from a point source that is adjusted by the delivery factor for that point source.
"Delivered total phosphorus load" means the discharged mass load of total phosphorus from a point source that is adjusted by the delivery factor for that point source.
"Delivery factor" means an estimate of the number of pounds of total nitrogen or total phosphorus delivered to tidal waters for every pound discharged from a permitted facility, as determined by the specific geographic location of the permitted facility, to account for attenuation that occurs during riverine transport between the permitted facility and tidal waters. Delivery factors shall be calculated using the Chesapeake Bay Program watershed model.
"Department" means the Department of Environmental Quality.
"Enhanced Nutrient Removal Certainty Program" or "ENRC Program" means the Phase III Watershed Implementation Plan Enhanced Nutrient Removal Certainty Program established pursuant to subsection G of § 62.1-44.19:14.
"Equivalent load" means 2,300 pounds per year of total nitrogen and 300 pounds per year of total phosphorus at a flow volume of 40,000 gallons per day; 5,700 pounds per year of total nitrogen and 760 pounds per year of total phosphorus at a flow volume of 100,000 gallons per day; and 28,500 pounds per year of total nitrogen and 3,800 pounds per year of total phosphorus at a flow volume of 500,000 gallons per day.
"Facility" means a point source discharging or proposing to discharge total nitrogen or total phosphorus to the Chesapeake Bay or its tributaries. This term does not include confined animal feeding operations, discharges of stormwater, return flows from irrigated agriculture, or vessels.
"General permit" means the general permit authorized by this article.
"MS4" means a municipal separate storm sewer system.
"Nutrient credit" or "credit" means a nutrient reduction that is certified pursuant to this article and expressed in pounds of phosphorus or nitrogen either (i) delivered to tidal waters when the credit is generated within the Chesapeake Bay Watershed or (ii) as otherwise specified when generated in the Southern Rivers watersheds. "Nutrient credit" does not include point source nitrogen credits or point source phosphorus credits as defined in this section.
"Nutrient credit-generating entity" means an entity that generates nonpoint source nutrient credits.
"Permitted facility" means a facility authorized by the general permit to discharge total nitrogen or total phosphorus. For the sole purpose of generating point source nitrogen credits or point source phosphorus credits, "permitted facility" shall also mean the Blue Plains wastewater treatment facility operated by the District of Columbia Water and Sewer Authority.
"Permittee" means a person authorized by the general permit to discharge total nitrogen or total phosphorus.
"Point source nitrogen credit" means the difference between (i) the waste load allocation for a permitted facility specified as an annual mass load of total nitrogen, and (ii) the monitored annual mass load of total nitrogen discharged by that facility, where clause (ii) is less than clause (i), and where the difference is adjusted by the applicable delivery factor and expressed as pounds per year of delivered total nitrogen load.
"Point source phosphorus credit" means the difference between (i) the waste load allocation for a permitted facility specified as an annual mass load of total phosphorus, and (ii) the monitored annual mass load of total phosphorus discharged by that facility, where clause (ii) is less than clause (i), and where the difference is adjusted by the applicable delivery factor and expressed as pounds per year of delivered total phosphorus load.
"State-of-the-art nutrient removal technology" means (i) technology that will achieve an annual average total nitrogen effluent concentration of three milligrams per liter and an annual average total phosphorus effluent concentration of 0.3 milligrams per liter, or (ii) equivalent load reductions in total nitrogen and total phosphorus through recycle or reuse of wastewater as determined by the Department.
"Tributaries" means those river basins listed in the Chesapeake Bay TMDL and includes the Potomac, Rappahannock, York, and James River Basins, and the Eastern Shore, which encompasses the creeks and rivers of the Eastern Shore of Virginia that are west of Route 13 and drain into the Chesapeake Bay.
"Waste load allocation" means (i) the water quality-based annual mass load of total nitrogen or annual mass load of total phosphorus allocated to individual facilities pursuant to the Water Quality Management Planning Regulation (9VAC25-720) or its successor, or permitted capacity in the case of nonsignificant dischargers; (ii) the water quality-based annual mass load of total nitrogen or annual mass load of total phosphorus acquired pursuant to § 62.1-44.19:15 for new or expanded facilities; or (iii) applicable total nitrogen or total phosphorus waste load allocations under the Chesapeake Bay total maximum daily loads (TMDLs) to restore or protect the water quality and beneficial uses of the Chesapeake Bay or its tidal tributaries.
§ 62.1-44.19:14. Watershed general permit for nutrients.
A. By January 1, 2006,
or as soon thereafter as possible, the
The Board shall issue a Watershed General Virginia
Pollutant Discharge Elimination System Permit, hereafter referred to as the
general permit, authorizing point source discharges of total nitrogen and total
phosphorus to the waters of the Chesapeake Bay and its tributaries. Except as
otherwise provided in this article, the general permit shall control in lieu of
technology-based, water quality-based, and best professional judgment, interim
or final effluent limitations for total nitrogen and total phosphorus in
individual Virginia Pollutant Discharge Elimination System permits for
facilities covered by the general permit where the effluent limitations for
total nitrogen and total phosphorus in the individual permits are based upon
standards, criteria, waste load allocations, policy, or guidance established to
restore or protect the water quality and beneficial uses of the Chesapeake Bay
or its tidal tributaries.
B. This section shall not be construed to limit or otherwise affect the Board's authority to establish and enforce more stringent water quality-based effluent limitations for total nitrogen or total phosphorus in individual permits where those limitations are necessary to protect local water quality. The exchange or acquisition of credits pursuant to this article shall not affect any requirement to comply with such local water quality-based limitations.
C. The general permit shall contain the following:
1. Waste load allocations for total nitrogen and total phosphorus for each permitted facility expressed as annual mass loads, including reduced waste load allocations where applicable under the ENRC Program. The allocations for each permitted facility shall reflect the applicable individual water quality-based total nitrogen and total phosphorus waste load allocations. An owner or operator of two or more facilities located in the same tributary may apply for and receive an aggregated waste load allocation for total nitrogen and an aggregated waste load allocation for total phosphorus for multiple facilities reflecting the total of the water quality-based total nitrogen and total phosphorus waste load allocations established for such facilities individually;
2. A schedule requiring compliance with the combined waste load allocations for each tributary as soon as possible taking into account (i) opportunities to minimize costs to the public or facility owners by phasing in the implementation of multiple projects; (ii) the availability of required services and skilled labor; (iii) the availability of funding from the Virginia Water Quality Improvement Fund as established in § 10.1-2128, the Virginia Water Facilities Revolving Fund as established in § 62.1-225, and other financing mechanisms; (iv) water quality conditions; and (v) other relevant factors. Following receipt of the compliance plans required by subdivision C 3, the Board shall reevaluate the schedule taking into account the information in the compliance plans and the factors in this subdivision, and may modify the schedule as appropriate;
3. A requirement that within nine months
after the initial effective date of the general permit, the
permittees shall either individually or through the Association submit
compliance plans to the Department for approval. The compliance plans shall
contain, at a minimum, any capital projects and implementation schedules needed
to achieve total nitrogen and phosphorus reductions sufficient to comply with
the individual and combined waste load allocations of all the permittees in the
tributary. The compliance plans may rely on the exchange of point source
credits in accordance with this article, but not the acquisition of credits
through payments authorized by § 62.1-44.19:18, to achieve compliance with the
individual and combined waste load allocations in each tributary. The
compliance plans shall be updated annually and submitted to the Department no
later than February 1 of each year. The compliance
plans due February 1, 2023,
shall address the requirements of the ENRC Program;
4. Such monitoring and reporting requirements as the Board deems necessary to carry out the provisions of this article;
5. A procedure that requires every owner or operator of a facility authorized by a Virginia Pollutant Discharge Elimination System permit to discharge 100,000 gallons or more per day, or an equivalent load, directly into tidal waters, or 500,000 gallons or more per day, or an equivalent load, directly into nontidal waters, to secure general permit coverage by filing a registration statement with the Department within a specified period after each effective date of the general permit. The procedure shall also require any owner or operator of a facility authorized by a Virginia Pollutant Discharge Elimination System permit to discharge 40,000 gallons or more per day, or an equivalent load, directly into tidal or nontidal waters to secure general permit coverage by filing a registration statement with the Department at the time he makes application with the Department for a new discharge or expansion that is subject to an offset or technology-based requirement in § 62.1-44.19:15, and thereafter within a specified period of time after each effective date of the general permit. The procedure shall also require any owner or operator of a facility with a discharge that is subject to an offset requirement in subdivision A 5 of § 62.1-44.19:15 to secure general permit coverage by filing a registration statement with the Department prior to commencing the discharge and thereafter within a specified period of time after each effective date of the general permit. The general permit shall provide that any facility authorized by a Virginia Pollutant Discharge Elimination System permit and not required by this subdivision to file a registration statement shall be deemed to be covered under the general permit at the time it is issued, and shall file a registration statement with the Department when required by this section. Owners or operators of facilities that are deemed to be permitted under this section shall have no other obligation under the general permit prior to filing a registration statement and securing coverage under the general permit based upon such registration statement;
6. A procedure for efficiently modifying the lists of facilities covered by the general permit where the modification does not change or otherwise alter any waste load allocation or delivery factor adopted pursuant to the Water Quality Management Planning Regulation (9VAC25-720) or its successor, or an applicable total maximum daily load. The procedure shall also provide for modifying or incorporating new waste load allocations or delivery factors, including the opportunity for public notice and comment on such modifications or incorporations; and
7. Such other conditions as the Board deems necessary to carry out the provisions of this chapter and Section 402 of the federal Clean Water Act (33 U.S.C. § 1342).
D. 1. The Board shall (i) review during the year 2020 and every 10 years thereafter the basis for allocations granted in the Water Quality Management Planning Regulation (9VAC25-720) and (ii) as a result of such decennial reviews propose for inclusion in the Water Quality Management Planning Regulation (9VAC25-720) either the reallocation of unneeded allocations to other facilities registered under the general permit or the reservation of such allocations for future use.
2. For each decennial review, the Board shall determine whether a permitted facility has:
a. Changed the use of the facility in such a way as to make discharges unnecessary, ceased the discharge of nutrients, and become unlikely to resume such discharges in the foreseeable future; or
b. Changed the production processes employed in the facility in such a way as to render impossible, or significantly to diminish the likelihood of, the resumption of previous nutrient discharges.
3. Beginning in 2030, each review also shall consider the following factors for municipal wastewater facilities:
a. Substantial changes in the size or population of a service area;
b. Significant changes in land use resulting from adopted changes to zoning ordinances or comprehensive plans within a service area;
c. Significant establishment of conservation easements or other perpetual instruments that are associated with a deed and that restrict growth or development;
d. Constructed treatment facility capacity;
e. Significant changes in the understanding of the water chemistry or biology of receiving waters that would reasonably result in unused nutrient discharge allocations over an extended period of time;
f. Significant changes in treatment technologies that would reasonably result in unused nutrient discharge allocations over an extended period of time;
g. The ability of the permitted facility to accommodate projected growth under existing nutrient waste load allocations; and
h. Other similarly significant factors that the Board determines reasonably to affect the allocations granted.
The Board shall not reduce allocations based solely on voluntary improvements in nutrient removal technology.
E. The Board shall maintain and make available to the public a current listing, by tributary, of all permittees and permitted facilities under the general permit, together with each permitted facility's total nitrogen and total phosphorus waste load allocations, and total nitrogen and total phosphorus delivery factors.
F. Except as otherwise provided in this article, in the event that there are conflicting or duplicative conditions contained in the general permit and an individual Virginia Pollutant Discharge Elimination System permit, the conditions in the general permit shall control.
G. By June 30, 2022, the Board shall adopt amendments to the Water Quality Management Planning Regulation and modifications to Virginia Pollutant Discharge Elimination System permits or registration lists to establish and implement the Phase III Watershed Implementation Plan Enhanced Nutrient Removal Certainty Program (ENRC Program) as provided in this subsection. The ENRC Program shall consist of the following projects and the following waste load allocation reductions and their respective schedules for compliance.
1. Priority projects for additional nitrogen and phosphorus removal (schedule for compliance):
PROJECT NAME |
DESCRIPTION (COMPLIANCE SCHEDULE) |
|
HRSD-Chesapeake/Elizabeth STP |
Consolidate into regional system and close treatment facility (1/1/2026) |
|
HRSD-Boat Harbor WWTP |
Convey by subaqueous crossing to Nansemond River WWTP for nutrient removal (1/1/2026) |
|
HRSD-Nansemond River WWTP |
Upgrade and expand with nutrient removal technology (1/1/2026) |
|
HRSD-Nassawadox WWTP |
Convey to regional system for nutrient removal (1/1/2026) |
|
Spotsylvania Co.-FMC WWTF |
Convey to Massaponax WWTF and close treatment facility (1/1/2026) |
|
Spotsylvania Co.-Massaponax WWTF |
Expand nutrient removal facility to consolidate and close FMC WWTF (1/1/2026) |
|
Spotsylvania Co.-Thornburg STP |
Upgrade with nutrient removal technology (1/1/2026) |
|
HRRSA-North River WWTP |
Phosphorus removal tertiary filtration upgrade (1/1/2026) |
|
South Central Wastewater Authority WWTF |
Upgrade with nutrient removal technology (1/1/2026) |
Each priority project and the associated schedule of compliance shall be incorporated into the applicable Virginia Pollutant Discharge Elimination System permit or registration list on an expedited basis, including by minor modification if applicable. Each priority project facility shall be in compliance by substantially completing construction by the date set out in the schedule of compliance or, for construction remaining in progress as of such date, by complying with applicable waste load allocation for compliance year 2026. Noncompliance shall be enforceable in the same manner as any other condition of a Virginia Pollutant Discharge Elimination System permit.
2. Nitrogen waste load allocation reductions – Tidal York and Tidal James Rivers (schedule for compliance):
Reduce total nitrogen waste load allocations for all publicly owned treatment works with a design capacity greater than five million gallons per day to waste load allocations based on five milligrams per liter and a delivery factor greater than or equal to 1.0 at the same design capacity, except for recognized special cases for combined systems and industrial influent-dominated publicly owned treatment works (1/1/2026).
3. James River HRSD SWIFT nutrient upgrades (schedule for compliance):
Reduce total nitrogen waste load allocations for all major HRSD treatment works in the James River basin with a design capacity greater than five million gallons per day to waste load allocations based on four milligrams per liter at the same design capacity (1/1/2026).
Reduce total phosphorus waste load allocations for all major HRSD treatment works in the James River basin with a design capacity greater than five million gallons per day to waste load allocations based on 0.5 milligrams per liter at the same design capacity (1/1/2026).
Reduce total phosphorus waste load allocations for all major HRSD treatment works in the James River basin with a design capacity greater than five million gallons per day to waste load allocations based on 0.4 milligrams per liter at the same design capacity (1/1/2030).
Reduce total phosphorus waste load allocations for all major HRSD treatment works in the James River basin with a design capacity greater than five million gallons per day to waste load allocations based on 0.3 milligrams per liter at the same design capacity (1/1/2032).
4. Phosphorus waste load allocation reductions – Tidal Fresh and Above Fall Line James River (schedule for compliance):
Reduce total phosphorus waste load allocations for all of the following publicly owned treatment works in the tidal fresh and above fall line segments of the James River basin to waste load allocations based on 0.25 milligrams per liter total phosphorus at the same design capacity (1/1/2026).
FACILITY NAME |
|
Buena Vista STP |
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Clifton Forge STP |
|
Covington STP |
|
Lexington-Rockbridge Regional WQCF |
|
Alleghany Co.-Low Moor STP |
|
Alleghany Co.-Lower Jackson River WWTP |
|
Amherst-Rutledge Creek WWTP |
|
Lynchburg STP |
|
RWSA-Moores Creek Regional STP |
|
Crewe WWTP |
|
Farmville WWTP |
|
Chesterfield Co.-Falling Creek WWTP |
|
Henrico Co. WWTP |
|
Hopewell Regional WWTF |
|
Chesterfield Co.-Proctors Creek WWTP |
|
Richmond WWTP |
|
South Central Wastewater Authority WWTP |
5. The ENRC Program and the waste load allocation reductions mandated by this subsection, along with the projects listed in this subsection, shall be adopted by the Board and shall operate in lieu and satisfaction of the concept of secondary floating waste load allocations proposed in the Phase III Watershed Implementation Plan, any alternative thereto, or any additional regulation for reducing some or all waste load allocations for total nitrogen and total phosphorus based upon standards, criteria, policy, or guidance established to restore or protect the water quality and beneficial uses of the Chesapeake Bay or its tidal tributaries, including numeric chlorophyll-a criteria applicable to the tidal James River.
2. That the adoption or revision of regulations by the State Water Control Board necessary to conform its regulations to the waste load allocation reductions and other requirements of the Phase III Watershed Implementation Plan Enhanced Nutrient Removal Certainty Program established by the first enactment of this act shall be exempt from the rulemaking procedures of Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia as provided in subdivision A 4 a of § 2.2-4006 of the Code of Virginia.
3. That the State Water Control Board shall convene and consult a stakeholder advisory group during the adoption and revision of the regulations required by the first enactment of this act. Such stakeholder advisory group shall include representatives of affected facilities, the Chesapeake Bay Foundation, and the James River Association.
4. That the priority projects and waste load allocation reductions set forth in the first enactment of this act are deemed to implement Chesapeake Bay Phase III Watershed Implementation Plan goals, including the goal of mitigating certain climate change impacts by 2025; however, the inclusion of such projects and reductions in this act shall not be interpreted to preclude the consideration of any additional priority project or waste load allocation reduction that is intended to assist in mitigating the impacts of post-2025 climate change in a future implementation phase.