Code of Virginia

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Code of Virginia
Title 10.1. Conservation
Chapter 11.1. Department of Environmental Quality
8/4/2021

§ 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 F or as eligible nonsignificant dischargers as defined in § 10.1-2117. When grant disbursements pursuant to this section reach 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.

C. The disbursement of grants for the design and installation of nutrient removal technology at those publicly owned treatment works included in subsection 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 out of proceeds from bonds issued by the Virginia Public Building Authority, in consultation with the Department, 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 percent completion of construction to final completion of construction.

D. The General Assembly has the sole authority to determine whether disbursement shall be made pursuant to subdivision C 1, 2, or 3, or a combination thereof, provided that a disbursement shall be made pursuant to subdivision C 3 only upon a certification by the Department that project grant reimbursements for the fiscal year will exceed the available funds in the Water Quality Improvement Fund.

E. Exclusive of any deposits made pursuant to § 10.1-2128, the grants awarded pursuant to this section shall include such appropriations as provided from time to time in the appropriation act or any amendments thereto.

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 listed publicly owned treatment works and other eligible nonsignificant dischargers shall be provided pursuant to the distribution methodology included in § 10.1-2131. 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 percent of the costs of the design and installation of nutrient removal technology.

aFACILITY NAMEOWNER
bShenandoah - Potomac River Basin
cACSA-Fishersville STPAugusta County Service Authority
dLuray STPTown of Luray
eACSA-Middle River Regional STPAugusta County Service Authority
fHRRSA-North River WWTF WIP3-PHarrisonburg-Rockingham Regional Sewer Authority
gACSA-Stuarts Draft STPAugusta County Service Authority
hWaynesboro STPCity of Waynesboro
iACSA-Weyers Cave STPAugusta County Service Authority
jBerryville STP

Town of Berryville

kFront Royal STP

Town of Front Royal

lMount Jackson STP

Town of Mount Jackson

mNew Market STP

Town of New Market

nShenandoah Co.-North Fork Regional WWTP

Shenandoah County

oStoney Creek Sanitary District STP

Stoney Creek Sanitary District

pStrasburg STP

Town of Strasburg

qWoodstock STP

Town of Woodstock

rFWSA-Opequon Water Reclamation Facility

Frederick-Winchester Service Authority

sFWSA-Parkins Mill WWTF

Frederick-Winchester Service Authority

tPurcellville-Basham Simms WWTF

Town of Purcellville

uLCSA-Broad Run WRF

Loudoun County Service Authority

vLeesburg WPCF

Town of Leesburg

wRound Hill WWTP

Town of Round Hill

xPWCSA-H.L. Mooney WWTF

Prince William County Service Authority

yUpper Occoquan Sewage Authority WWTP

Upper Occoquan Sewage Authority

zFCW&SA-Vint Hill WWTF

Fauquier County Water and Sewer Authority

aaAlexandria Sanitation Authority WWTP

Alexandria Sanitation Authority

abArlington Co. WPCF

Arlington County

acFairfax Co. Noman-Cole

Fairfax County

adPollution Control Facility


aeStafford Co.-Aquia WWTPStafford County
afColonial Beach STPTown of Colonial Beach
agDahlgren Sanitary District WWTPKing George County Service Authority
ahFairview Beach STPKing George County Service Authority
aiPurkins Corner WWTPKing George County Service Authority
ajDistrict of Columbia - Blue Plains STP (Virginia portion)Loudoun County Service Authorityand Fairfax County contract for capacity and Fairfax County contract for capacity
akRappahannock River Basin
alCulpeper WWTPTown of Culpeper
amMarshall WWTPTown of Marshall
anMountain Run WWTP Culpeper County
aoOrange STPTown of Orange
apRapidan STP Rapidan Service Authority
aqFCW&SA-Remmington WWTP Fauquier County Water and Sewer Authority
arWarrenton STPTown of Warrenton
asWilderness Shores WWTPRapidan Service Authority
atSpotsylvania Co.-FMC WWTFSpotsylvania County
auFredericksburg WWTFCity of Fredericksburg
avStafford Co.-Little Falls Run WWTF

Stafford County

awSpotsylvania Co.-Massaponax WWTF WIP3-N, WIP3-P

Spotsylvania County

axMontross-Westmoreland WWTP

Westmoreland County

ayOakland Park STP

King George County Service Authority

azTappahannock WWTP

Town of Tappahannock

baUrbanna WWTP

Hampton Roads Sanitation District

bbWarsaw STP

Town of Warsaw

bcReedville Sanitary District WWTP

Reedville Sanitary District60

bdKilmarnock WWTP

Town of Kilmarnock

beYork River Basin


bfCaroline Co. Regional STP

Caroline County

bgGordonsville STP

Rapidan Service Authority

bhAshland WWTP

Hanover County

biDoswell WWTP

Hanover County

bjHRSD-York River STP WIP3-N

Hampton Roads Sanitation District

bkParham Landing WWTP

New Kent County

blTotopotomoy WWTP

Hanover County

bmHRSD-West Point STP

Hampton Roads Sanitation District

bnHRSD-Mathews Courthouse STP

Hampton Roads Sanitation District

boSpotsylvania Co.-Thornburg STP WIP3-N, WIP3-P

Spotsylvania County

bpJames River Basin


bqBuena Vista STP

City of Buena Vista

brCovington STP

City of Covington

bsLexington-Rockbridge Regional WQCF

Maury Service Authority

btAlleghany Co.-Low Moor STP

Alleghany County

buAlleghany Co.-Lower Jackson River WWTP

Alleghany County

bvAmherst-Rutledge Creek WWTP

Town of Amherst

bwLynchburg STP

City of Lynchburg

bxRWSA-Moores Creek Regional STP

Rivanna Water and Sewer Authority

byCrewe WWTP

Town of Crewe

bzFarmville WWTP

Town of Farmville

caChesterfield Co.-Falling Creek WWTP

Chesterfield County

cbHenrico Co. WWTP

Henrico County

ccHopewell Regional WWTF

City of Hopewell

cdChesterfield Co.-Proctors Creek WWTP

Chesterfield County

ceRichmond WWTP

City of Richmond

cfSouth Central Wastewater Authority WWTF WIP3-N, WIP3-P

South Central Wastewater Authority

cgHRSD-Boat Harbor STP WIP3-N, WIP3-P

Hampton Roads Sanitation District

chHRSD-Williamsburg STP WIP3-N, WIP3-P

Hampton Roads Sanitation District

ciHRSD-Nansemond STP WIP3-N, WIP3-P

Hampton Roads Sanitation District

cjHRSD-Army Base STP WIP3-N, WIP3-P

Hampton Roads Sanitation District

ckHRSD-Virginia Initiative Plant STP WIP3-N, WIP3-P

Hampton Roads Sanitation District

clHRSD-Chesapeake/Elizabeth STP WIP3-N, WIP3-P

Hampton Roads Sanitation District

cmEastern Shore Basin


cnCape Charles WWTP

Town of Cape Charles

coOnancock WWTP

Town of Onancock

cpTangier Island WWTP

Town of Tangier

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.

H. Notwithstanding the provisions of subsection B of § 10.1-2131, the Director 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.

2007, cc. 851, 900; 2008, c. 572; 2021, Sp. Sess. I, cc. 363, 364.

The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.