Code of Virginia

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Code of Virginia
Title 10.1. Conservation
Chapter 11.1. Department of Environmental Quality

§ 10.1-1186.01. Reimbursements to localities for upgrades to treatment works.

A. 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 E, or as eligible nonsignificant dischargers as defined in § 10.1-2117. Notwithstanding § 10.1-2128, at such time as grant disbursements pursuant to this section reach 200 percent of the appropriations provided for in Chapter 951 of the Acts of Assembly of 2005 and Chapter 10 of the Acts of Assembly of 2006, Special Session I, 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 shall review the future funding needs to meet the purposes of the Water Quality Improvement Act and the appropriate funding mechanism for such needs.

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

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

D. Exclusive of any deposits made pursuant to § 10.1-2128, the grants awarded pursuant to this section shall include such appropriations as provided for in Chapter 951 of the Acts of Assembly of 2005; and Chapter 10 of the Acts of Assembly of 2006, Special Session I.

E. The disbursement of grants to finance the costs of design and installation of nutrient removal technology at the following 89 publicly owned treatment works and other eligible nonsignificant dischargers shall be provided pursuant to the distribution methodology included in § 10.1-2131. However, in no case shall any publicly owned treatment works receive a grant of less than 35% of the costs of the design and installation of nutrient removal technology.

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 WWTFHarrisonburg-Rockingham Regional Sewer Authority
gACSA-Stuarts Draft STPAugusta County Service Authority
hWaynesboro STPCity of Waynesboro
iACSA-Weyers Cave STPAugusta County Service Authority
jBerryville STPTown of Berryville
kFront Royal STPTown of Front Royal
lMount Jackson STPTown of Mount Jackson
mNew Market STPTown of New Market
nShenandoah Co.-North Fork Regional WWTPShenandoah County
oStoney Creek Sanitary District STPStoney Creek Sanitary District
pStrasburg STPTown of Strasburg
qWoodstock STPTown of Woodstock
rFWSA-Opequon Water Reclamation FacilityFrederick-Winchester Service Authority
sFWSA-Parkins Mill WWTFFrederick-Winchester Service Authority
tPurcellville-Basham Simms WWTFTown of Purcellville
uLCSA-Broad Run WRFLoudoun County Service Authority
vLeesburg WPCFTown of Leesburg
wRound Hill WWTPTown of Round Hill
xPWCSA-H.L. Mooney WWTFPrince William County Service Authority
yUpper Occoquan Sewage Authority WWTPUpper Occoquan Sewage Authority
zFCW&SA-Vint Hill WWTFFauquier County Water and Sewer Authority
aaAlexandria Sanitation Authority WWTPAlexandria Sanitation Authority
abArlington Co. WPCFArlington County
acFairfax Co. - Noman-Cole Pollution Control FacilityFairfax County
adStafford Co.-Aquia WWTPStafford County
aeColonial Beach STPTown of Colonial Beach
afDahlgren Sanitary District WWTPKing George County Service Authority
agFairview Beach STPKing George County Service Authority
ahPurkins Corner WWTPKing George County Service Authority
aiDistrict of Columbia - Blue Plains STP (Virginia portion)Loudoun County Service Authority and Fairfax County contract for capacity
ajRappahannock River Basin


akCulpeper WWTPTown of Culpeper
alMarshall WWTPTown of Marshall
amMountain Run WWTPCulpeper County
anOrange STPTown of Orange
aoRapidan STPRapidan Service Authority
apFCW&SA-Remington WWTPFauquier County Water and Sewer Authority
aqWarrenton STPTown of Warrenton
arWilderness Shores WWTPRapidan Service Authority
asSpotsylvania Co.-FMC WWTFSpotsylvania County
atFredericksburg WWTFCity of Fredericksburg
auStafford Co.-Little Falls Run WWTFStafford County
avSpotsylvania Co.-Massaponax WWTFSpotsylvania County
awMontross-Westmoreland WWTPWestmoreland County
axOakland Park STPKing George County Service Authority
ayTappahannock WWTPTown of Tappahannock
azUrbanna WWTPHampton Roads Sanitation District
baWarsaw STPTown of Warsaw
bbReedville Sanitary District WWTPReedville Sanitary District
bcKilmarnock WWTPTown of Kilmarnock
bdYork River Basin


beCaroline Co. Regional STPCaroline County
bfGordonsville STPRapidan Service Authority
bgAshland WWTPHanover County
bhDoswell WWTPHanover County
biHRSD-York River STPHampton Roads Sanitation District
bjParham Landing WWTPNew Kent County
bkTotopotomoy WWTPHanover County
blHRSD-West Point STPHampton Roads Sanitation District
bmHRSD-Mathews Courthouse STPHampton Roads Sanitation District
bnJames River Basin


boBuena Vista STPCity of Buena Vista
bpClifton Forge STPTown of Clifton Forge
bqCovington STPCity of Covington
brLexington-Rockbridge Regional WQCFMaury Service Authority
bsAlleghany Co.-Low Moor STPAlleghany County
btAlleghany Co.-Lower Jackson River WWTPAlleghany County
buAmherst-Rutledge Creek WWTPTown of Amherst
bvLynchburg STPCity of Lynchburg
bwRWSA-Moores Creek Regional STPRivanna Water and Sewer Authority
bxCrewe WWTPTown of Crewe
byFarmville WWTPTown of Farmville
bzChesterfield Co.-Falling Creek WWTPChesterfield County
caHenrico Co. WWTPHenrico County
cbHopewell Regional WWTFCity of Hopewell
ccChesterfield Co.-Proctors Creek WWTPChesterfield County
cdRichmond WWTPCity of Richmond
ceSouth Central Wastewater Authority WWTFSouth Central Wastewater Authority
cfChickahominy WWTPNew Kent County
cgHRSD-Boat Harbor STPHampton Roads Sanitation District
chHRSD-James River STPHampton Roads Sanitation District
ciHRSD-Williamsburg STPHampton Roads Sanitation District
cjHRSD-Nansemond STPHampton Roads Sanitation District
ckHRSD-Army Base STPHampton Roads Sanitation District
clHRSD-Virginia Initiative Plant STPHampton Roads Sanitation District
cmHRSD-Chesapeake/Elizabeth STPHampton Roads Sanitation District
cnEastern Shore Basin


coCape Charles WWTPTown of Cape Charles
cpOnancock WWTPTown of Onancock
cqTangier Island WWTPTown of Tangier

F. 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.

G. Notwithstanding the provisions of subsection B of § 10.1-2131, the Director of the Department of Environmental Quality 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.

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.