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2017 SESSION

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17100814D
SENATE BILL NO. 898 Offered January 11, 2017 Prefiled December 22, 2016 A BILL to direct compliance with regulations of certain combined sewer overflow outfalls; Potomac River Watershed. ---------- Patrons-- Stuart and Surovell; Delegates: Kory and Krizek ---------- Referred to Committee on Agriculture, Conservation and Natural Resources ----------

Be it enacted by the General Assembly of Virginia:

1. § 1. That the Department of Environmental Quality (DEQ) shall identify the owner of any combined sewer overflow (CSO) outfall that discharges into the Potomac River Watershed.

§ 2. That DEQ shall determine what actions by the owner are necessary to bring the CSO outfall into compliance with the Presumption Approach described in the CSO Control Policy adopted by the U.S. Environmental Protection Agency (EPA) at 59 F.R. 18688, unless a higher level of control is necessary to comply with a Total Maximum Daily Load (TMDL).

§ 3. That any owner of a CSO outfall that discharges into the Potomac River Watershed shall bring the CSO outfall into compliance with the Presumption Approach described in the EPA CSO Control Policy by July 1, 2020, unless a higher level of control is necessary to comply with a TMDL.

§ 4. That if the owner identified by DEQ is a locality and fails to bring its CSO outfall into compliance by July 1, 2020, the Governor shall immediately make an order directing the Comptroller to withhold, to the extent permitted by state and federal law, all further payment to the locality of all funds appropriated and payable by the Commonwealth to the locality for any and all purposes until the owner brings the CSO outfall into compliance.