Virginia Law

Due to the critical nature of the receiving waters, intensive monitoring will be required to ensure that plants achieve desired performance levels at all times, and the effects of point sources and nonpoint sources on the receiving waters are measured and projected.

1. Watershed monitoring subcommittee.

a. In order to ensure that performance levels are maintained and that the effects of point sources and nonpoint sources on receiving waters are known, a watershed monitoring subcommittee shall be established and shall be convened at least once each calendar year. A subcommittee of this type must necessarily be composed of high-caliber personnel knowledgeable in the field of water and wastewater treatment and management. Accordingly, the subcommittee shall consist of two ex-officio members or their designated representatives as follows:

(1) Director of Virginia Department of Health's Division of Water Programs;

(2) Director of Virginia Department of Conservation and Recreation's Division of Soil and Water Conservation; and three other members or their designated representatives as follows:

(a) A representative of the Environmental Protection Agency;

(b) A representative of a state university in Virginia; and

(c) A nationally recognized consultant in the water and wastewater treatment or water quality management fields.

b. The ex-officio members shall select and submit to the Department of Environmental Quality (department) for approval the names of the other members of the subcommittee. The subcommittee shall elect a chairman.

c. From time to time the subcommittee may seek additional expert advice.

2. Monitoring subcommittee's responsibilities. The watershed monitoring subcommittee shall have the following responsibilities:

a. To oversee that there is adequate monitoring of the regional plant effluent and process control testing at the regional plant;

b. To develop a water quality monitoring program for the Occoquan reservoir and its tributary streams to ensure that there is a continuous record of water quality available. To further ensure that projections are made to determine the effect of additional waste loading from point sources as well as nonpoint sources;

c. To ensure that the stream monitoring program is separate and distinct from plant process control testing and effluent monitoring;

d. To review data collected from the monitoring program and submit to the department and the various jurisdictions reports on the status of plant performance and water quality in the watershed at least once each year;

e. To report to the department immediately significant changes in plant performance or water quality due to either point source or non-point source pollution;

f. To maintain close liaison with the Fairfax County Water Authority in order to ensure satisfactory raw water which can be adequately treated at the authority's facilities; and

g. To establish the Occoquan Watershed Monitoring Laboratory (OWML) to conduct sampling and analyses to fulfill the above responsibilities.

3. Provision for restructuring of the OWMP.

a. The Occoquan Watershed Monitoring Program (OWMP) and the Occoquan Watershed Monitoring Laboratory (OWML) were established in accordance with the above provisions. This was done on July 1, 1972. Since that time a large body of information regarding the functioning of the Occoquan reservoir system has been accumulated. Major point sources have been consolidated into and eliminated by a high-performance sewage treatment facility (UOSA). As growth increases in the watershed, this trend is expected to continue.

b. The work performed by OWML has indicated that the key to water quality is a two part issue. Those parts are point source pollution and non-point source pollution. Point source discharges in the watershed are currently regulated by the department's VPDES permit program. Non-point sources of pollution are currently being addressed by state and local voluntary and mandatory control programs. However, in the future it may be necessary that additional mandatory programs be adopted.

c. The program shall be evaluated periodically for restructuring to account for shifts in monitoring trends and funding and any recommended restructuring approved by the department prior to implementation. The regional sewage plants are ultimately responsible for the monitoring program with the exception of the non-point source elements.

4. Financing the OWMP.

a. It is recommended that the cost of the OWMP be split equally between water supply and sewage uses. This would mean that the Fairfax County Water Authority would have to fund half of the OWMP budget while the counties of Fairfax, Prince William, Loudoun, and Fauquier and the cities of Manassas and Manassas Park would be responsible for jointly funding the other half. That portion of the OWMP budget funded by the counties and cities would be divided so that each jurisdiction would be charged in proportion to its allotted sewage capacity in the Occoquan watershed. The budget shall be reviewed by the jurisdictions prior to approval by the subcommittee.

b. Written agreements shall be obtained from each of the jurisdictions which shall commit them to supply the above funds yearly to finance the OWMP. This monitoring program is for their protection and benefit. If for some reason a county or city does not wish to retain its sewage allotment in the Occoquan watershed or will not fund the monitoring program, then its allotment can be divided up among the remaining participating jurisdictions, with their portion of the cost of the monitoring program rising accordingly. The regional sewage plants are ultimately responsible for monitoring with the exception of non-point source elements.

c. If federal funds and assistance can be obtained, the cost to the counties and the Fairfax County Water Authority will be reduced proportionally. The funding of the program without federal funds is to be assumed, so as not to further delay or complicate the initiation of this program.

d. The Office of Sponsored Programs, Virginia Polytechnic Institute and State University, has agreed to be responsible for billing, receiving, and disbursement of funds to the OWMP.