Code of Virginia

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Code of Virginia
Title 10.1. Conservation
Chapter 11.1. Department of Environmental Quality
12/9/2022

§ 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.

FACILITY NAMEOWNER
Shenandoah - Potomac River Basin
ACSA-Fishersville STPAugusta County Service Authority
Luray STPTown of Luray
ACSA-Middle River Regional STPAugusta County Service Authority
HRRSA-North River WWTF WIP3-PHarrisonburg-Rockingham Regional Sewer Authority
ACSA-Stuarts Draft STPAugusta County Service Authority
Waynesboro STPCity of Waynesboro
ACSA-Weyers Cave STPAugusta County Service Authority
Berryville STPTown of Berryville
Front Royal STPTown of Front Royal
Mount Jackson STPTown of Mount Jackson
New Market STPTown of New Market
Shenandoah Co.-North Fork Regional WWTPShenandoah County
Stoney Creek Sanitary District STPStoney Creek Sanitary District
Strasburg STPTown of Strasburg
Woodstock STPTown of Woodstock
FWSA-Opequon Water Reclamation FacilityFrederick-Winchester Service Authority
FWSA-Parkins Mill WWTFFrederick-Winchester Service Authority
Purcellville-Basham Simms WWTFTown of Purcellville
LCSA-Broad Run WRFLoudoun County Service Authority
Leesburg WPCFTown of Leesburg
Round Hill WWTPTown of Round Hill
PWCSA-H.L. Mooney WWTFPrince William County Service Authority
Upper Occoquan Sewage Authority WWTPUpper Occoquan Sewage Authority
FCW&SA-Vint Hill WWTFFauquier County Water and Sewer Authority
Alexandria Sanitation Authority WWTPAlexandria Sanitation Authority
Arlington Co. WPCFArlington County
Fairfax Co. Noman-ColeFairfax County
Pollution Control Facility
Stafford Co.-Aquia WWTPStafford County
Colonial Beach STPTown of Colonial Beach
Dahlgren Sanitary District WWTPKing George County Service Authority
Fairview Beach STPKing George County Service Authority
Purkins Corner WWTPKing George County Service Authority
District of Columbia - Blue Plains STP (Virginia portion)Loudoun County Service Authority and Fairfax County contract for capacity
Rappahannock River Basin
Culpeper WWTPTown of Culpeper
Marshall WWTPTown of Marshall
Mountain Run WWTPCulpeper County
Orange STPTown of Orange
Rapidan STPRapidan Service Authority
FCW&SA-Remmington WWTPFauquier County Water and Sewer Authority
Warrenton STPTown of Warrenton
Wilderness Shores WWTPRapidan Service Authority
Spotsylvania Co.-FMC WWTFSpotsylvania County
Fredericksburg WWTF WIP3-N, WIP3-PCity of Fredericksburg
Stafford Co.-Little Falls Run WWTFStafford County
Spotsylvania Co.-Massaponax WWTF WIP3-N, WIP3-PSpotsylvania County
Montross-Westmoreland WWTPWestmoreland County
Oakland Park STPKing George County Service Authority
Tappahannock WWTPTown of Tappahannock
Urbanna WWTPHampton Roads Sanitation District
Warsaw STPTown of Warsaw
Reedville Sanitary District WWTPReedville Sanitary District 60
Kilmarnock WWTPTown of Kilmarnock
York River Basin
Caroline Co. Regional STPCaroline County
Gordonsville STPRapidan Service Authority
Ashland WWTPHanover County
Doswell WWTPHanover County
HRSD-York River STP WIP3-NHampton Roads Sanitation District
Parham Landing WWTPNew Kent County
Totopotomoy WWTPHanover County
HRSD-West Point STPHampton Roads Sanitation District
HRSD-Mathews Courthouse STPHampton Roads Sanitation District
Spotsylvania Co.-Thornburg STP WIP3-N, WIP3-PSpotsylvania County
James River Basin
Buena Vista STPCity of Buena Vista
Covington STPCity of Covington
Lexington-Rockbridge Regional WQCFMaury Service Authority
Alleghany Co.-Low Moor STPAlleghany County
Alleghany Co.-Lower Jackson River WWTPAlleghany County
Amherst-Rutledge Creek WWTPTown of Amherst
Lynchburg STPCity of Lynchburg
RWSA-Moores Creek Regional STPRivanna Water and Sewer Authority
Crewe WWTPTown of Crewe
Farmville WWTPTown of Farmville
Chesterfield Co.-Falling Creek WWTPChesterfield County
Henrico Co. WWTPHenrico County
Hopewell Regional WWTFCity of Hopewell
Chesterfield Co.-Proctors Creek WWTPChesterfield County
Richmond WWTPCity of Richmond
South Central Wastewater Authority WWTF WIP3-N, WIP3-PSouth Central Wastewater Authority
HRSD-Boat Harbor STP WIP3-N, WIP3-PHampton Roads Sanitation District
HRSD-Williamsburg STP WIP3-N, WIP3-PHampton Roads Sanitation District
HRSD-Nansemond STP WIP3-N, WIP3-PHampton Roads Sanitation District
HRSD-Army Base STP WIP3-N, WIP3-PHampton Roads Sanitation District
HRSD-Virginia Initiative Plant STP WIP3-N, WIP3-PHampton Roads Sanitation District
HRSD-Chesapeake/Elizabeth STP WIP3-N, WIP3-PHampton Roads Sanitation District
Eastern Shore Basin
Cape Charles WWTPTown of Cape Charles
Onancock WWTPTown of Onancock
Tangier Island WWTPTown 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; 2022, cc. 127, 128.

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.