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1997 SESSION

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HB 2663 Implementation and development of tributary plans.

Introduced by: John H. Rust, Jr. | all patrons    ...    notes | add to my profiles

SUMMARY:

Implementation and development of tributary plans. Extends from January 1, 1998, to January 1, 1999, the date by which tributary plans for the York and James River Basins must be developed by the Secretary of Natural Resources. Additional procedures and processes are added to the development of tributary plans. Before any local government is required to begin the design nutrient control technology at publicly owned treatment works (POTW), the Commonwealth must enter into a "Nutrient Control Agreement" with the local government. The agreement is to have a number of provisions specifically spelled out, including enforceable provisions related to the proper design, construction and maintenance of the technology, and requires that the Commonwealth provide no less than 50 percent of the local government's cost of design, testing and installation. In providing for nutrient reduction controls at POTWs needed to maintain the nutrient reduction goals of the Chesapeake Bay Agreement, the Secretary is to consider whether: (i) BNR or equivalent technology has been installed at all POTWs in the tributary; (ii) nonpoint sources have achieved total nutrient reductions comparable to total point source reductions; (iii) a scientific relationship has been established between the additional controls and attainment of water quality goals; (iv) commitments have been made to achieve additional nonpoint source nutrient reductions in the basin comparable to those that would be required of point sources; and (v) additional controls have been selected after an evaluation of cost effectiveness. The process of tributary strategy development is also to include consideration of whether: (i) studies relevant to the need of nutrient reduction and the establishment of nutrient reduction goals have been completed; (ii) relative contributions of point and nonpoint impacts have been identified and whether goals have been established individually for point and nonpoint sources based on their relative impacts; (iii) a scientific relationship has been established between the need for nutrient controls and the attainment of water quality goals; and (iv) there have been estimations of the costs for installation of point source controls at each POTW affected by point source goals at the time nutrient reduction goals are set. A new fund is created in the Virginia Resources Authority for use by the Secretary of Natural Resources in providing grants for nutrient reduction controls identified in the tributary strategies.


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