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1997 SESSION

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SB 1075 Implementation and development of tributary plans.

Introduced by: Patricia S. Ticer | all patrons    ...    notes | add to my profiles

SUMMARY:

Development and implementation 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 depending on whether they are in the Potomac or a lower tributary of the Bay. The Potomac strategy is to provide for the installation of biological nutrient removal (BNR) or other nutrient reducing technologies at publicly owned sewage treatment plants (POTW) where needed to meet the nutrient reduction goal for the Potomac. Before a local government in the Potomac basin is required to begin the design of such processes, 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 in the bill, 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 a 40 percent reduction goal, the Potomac plan is to consider whether: (i) BNR or equivalent technology has been installed at all POTWs in the Potomac Basin; (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 to achieve additional nonpoint source nutrient reductions in the Potomac tributary comparable to those that would be required of point sources have been made; and (v) the additional controls have been selected after an evaluation of cost effectiveness. The process for implementing the lower tributary strategies is altered as well. The process specifications include: (i) withholding decisions related to the need for nutrient reduction until all relevant studies are completed; (ii) requiring that decisions related to the need for nutrient reduction must identify the relative contributions of point and nonpoint impact; (iii) estimating costs for installation of point source controls at the time nutrient reduction goals are set; (iv) requiring that each local government installing BNR or other technology receive a grant for no less than 50 percent of certain costs; and (v) considering local government financial capabilities. The installation of BNR or other equivalent technologies is to be governed by a Nutrient Control Agreement similar to the ones required for the Potomac basin. A new fund is created in the Virginia Resources Authority for use by the Secretary of Natural Resources in providing grants for the nutrient reduction controls identified in the tributary strategies.


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