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Va. Code Ann. § 10.1-1186.01

Reimbursements to localities for upgrades to treatment works

2007, cc. 851, 900; 2008, c. 572; 2021, Sp

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.

Official source: Virginia Law Portal (LIS). Reproduced from public-domain Virginia statutes; confirm against the official source for the current text. Not legal advice.