§ 10.1-2131. Point source pollution funding; conditions for approval.
A. The Department of Environmental Quality shall be the lead state agency fordetermining the appropriateness of any grant related to point sourcepollution to be made from the Fund to restore, protect or improve state waterquality.
B. The Director of the Department of Environmental Quality shall, subject toavailable funds and in coordination with the Director of the Department ofConservation and Recreation, direct the State Treasurer to make Water QualityImprovement Grants in accordance with the guidelines established pursuant to§ 10.1-2129. The Director of the Department of Environmental Quality shallenter into grant agreements with all facilities designated as significantdischargers or eligible nonsignificant dischargers that apply for grants;however, all such grant agreements shall contain provisions that paymentsthereunder are subject to the availability of funds.
C. Notwithstanding the priority provisions of § 10.1-2129, the Director ofthe Department of Environmental Quality shall not authorize the distributionof grants from the Fund for purposes other than financing the cost of designand installation of nutrient removal technology at publicly owned treatmentworks until such time as all tributary strategy plans are developed andimplemented unless he finds that there exists in the Fund sufficient fundsfor substantial and continuing progress in implementation of the tributarystrategy plans. In addition to the provisions of § 10.1-2130, all grantagreements related to nutrients shall include: (i) numerical technology-basedeffluent concentration limitations on nutrient discharges to state watersbased upon the technology installed by the facility; (ii) enforceableprovisions related to the maintenance of the numerical concentrations thatwill allow for exceedences of 0.8 mg/L for total nitrogen or no more than 10percent, whichever is greater, for exceedences of 0.1 mg/L for totalphosphorus or no more than 10%, and for exceedences caused by extraordinaryconditions; and (iii) recognition of the authority of the Commonwealth tomake the Virginia Water Facilities Revolving Fund (§ 62.1-224 et seq.)available to local governments to fund their share of the cost of designingand installing nutrient removal technology based on financial need andsubject to availability of revolving loan funds, priority ranking andrevolving loan distribution criteria. If, pursuant to § 10.1-1187.6, theState Water Control Board approves an alternative compliance method totechnology-based concentration limitations in Virginia Pollutant DischargeElimination System permits, the concentration limitations of the grantagreement shall be suspended subject to the terms of such approval. The costof the design and installation of nutrient removal technology at publiclyowned treatment works meeting the nutrient reduction goal in an applicabletributary strategy plan or an applicable regulatory requirement and incurredprior to the execution of a grant agreement is eligible for reimbursementfrom the Fund provided the grant is made pursuant to an executed agreementconsistent with the provisions of this chapter.
Subsequent to the implementation of the tributary strategy plans, theDirector may authorize disbursements from the Fund for any water qualityrestoration, protection and improvements related to point source pollutionthat are clearly demonstrated as likely to achieve measurable and specificwater quality improvements, including, but not limited to, cost effectivetechnologies to reduce nutrient loads. Notwithstanding the previousprovisions of this subsection, the Director may, at any time, authorizegrants, including grants to institutions of higher education, for technicalassistance related to nutrient reduction.
D. The grant percentage provided for financing the costs of the design andinstallation of nutrient removal technology at publicly owned treatment worksshall be based upon the financial need of the community as determined bycomparing the annual sewer charges expended within the service area to thereasonable sewer cost established for the community.
E. Grants shall be awarded in the following manner:
1. In communities for which the ratio of annual sewer charges to reasonablesewer cost is less than 0.30, the Director of the Department of EnvironmentalQuality shall authorize grants in the amount of 35 percent of the costs ofthe design and installation of nutrient removal technology;
2. In communities for which the ratio of annual sewer charges to reasonablesewer cost is equal to or greater than 0.30 and less than 0.50, the Directorshall authorize grants in the amount of 45 percent of the costs of the designand installation of nutrient removal technology;
3. In communities for which the ratio of annual sewer charges to reasonablesewer cost is equal to or greater than 0.50 and less than 0.80, the Directorshall authorize grants in the amount of 60 percent of the costs of design andinstallation of nutrient removal technology; and
4. In communities for which the ratio of annual sewer charges to reasonablesewer cost is equal to or greater than 0.80, the Director shall authorizegrants in the amount of 75 percent of the costs of the design andinstallation of nutrient removal technology.
(1997, cc. 21, 625, 626; 1999, cc. 257, 509; 2005, cc. 704, 707, 709; 2006,c. 236.)
§ 10.1-2131. Point source pollution funding; conditions for approval.
A. The Department of Environmental Quality shall be the lead state agency fordetermining the appropriateness of any grant related to point sourcepollution to be made from the Fund to restore, protect or improve state waterquality.
B. The Director of the Department of Environmental Quality shall, subject toavailable funds and in coordination with the Director of the Department ofConservation and Recreation, direct the State Treasurer to make Water QualityImprovement Grants in accordance with the guidelines established pursuant to§ 10.1-2129. The Director of the Department of Environmental Quality shallenter into grant agreements with all facilities designated as significantdischargers or eligible nonsignificant dischargers that apply for grants;however, all such grant agreements shall contain provisions that paymentsthereunder are subject to the availability of funds.
C. Notwithstanding the priority provisions of § 10.1-2129, the Director ofthe Department of Environmental Quality shall not authorize the distributionof grants from the Fund for purposes other than financing the cost of designand installation of nutrient removal technology at publicly owned treatmentworks until such time as all tributary strategy plans are developed andimplemented unless he finds that there exists in the Fund sufficient fundsfor substantial and continuing progress in implementation of the tributarystrategy plans. In addition to the provisions of § 10.1-2130, all grantagreements related to nutrients shall include: (i) numerical technology-basedeffluent concentration limitations on nutrient discharges to state watersbased upon the technology installed by the facility; (ii) enforceableprovisions related to the maintenance of the numerical concentrations thatwill allow for exceedences of 0.8 mg/L for total nitrogen or no more than 10percent, whichever is greater, for exceedences of 0.1 mg/L for totalphosphorus or no more than 10%, and for exceedences caused by extraordinaryconditions; and (iii) recognition of the authority of the Commonwealth tomake the Virginia Water Facilities Revolving Fund (§ 62.1-224 et seq.)available to local governments to fund their share of the cost of designingand installing nutrient removal technology based on financial need andsubject to availability of revolving loan funds, priority ranking andrevolving loan distribution criteria. If, pursuant to § 10.1-1187.6, theState Water Control Board approves an alternative compliance method totechnology-based concentration limitations in Virginia Pollutant DischargeElimination System permits, the concentration limitations of the grantagreement shall be suspended subject to the terms of such approval. The costof the design and installation of nutrient removal technology at publiclyowned treatment works meeting the nutrient reduction goal in an applicabletributary strategy plan or an applicable regulatory requirement and incurredprior to the execution of a grant agreement is eligible for reimbursementfrom the Fund provided the grant is made pursuant to an executed agreementconsistent with the provisions of this chapter.
Subsequent to the implementation of the tributary strategy plans, theDirector may authorize disbursements from the Fund for any water qualityrestoration, protection and improvements related to point source pollutionthat are clearly demonstrated as likely to achieve measurable and specificwater quality improvements, including, but not limited to, cost effectivetechnologies to reduce nutrient loads. Notwithstanding the previousprovisions of this subsection, the Director may, at any time, authorizegrants, including grants to institutions of higher education, for technicalassistance related to nutrient reduction.
D. The grant percentage provided for financing the costs of the design andinstallation of nutrient removal technology at publicly owned treatment worksshall be based upon the financial need of the community as determined bycomparing the annual sewer charges expended within the service area to thereasonable sewer cost established for the community.
E. Grants shall be awarded in the following manner:
1. In communities for which the ratio of annual sewer charges to reasonablesewer cost is less than 0.30, the Director of the Department of EnvironmentalQuality shall authorize grants in the amount of 35 percent of the costs ofthe design and installation of nutrient removal technology;
2. In communities for which the ratio of annual sewer charges to reasonablesewer cost is equal to or greater than 0.30 and less than 0.50, the Directorshall authorize grants in the amount of 45 percent of the costs of the designand installation of nutrient removal technology;
3. In communities for which the ratio of annual sewer charges to reasonablesewer cost is equal to or greater than 0.50 and less than 0.80, the Directorshall authorize grants in the amount of 60 percent of the costs of design andinstallation of nutrient removal technology; and
4. In communities for which the ratio of annual sewer charges to reasonablesewer cost is equal to or greater than 0.80, the Director shall authorizegrants in the amount of 75 percent of the costs of the design andinstallation of nutrient removal technology.
(1997, cc. 21, 625, 626; 1999, cc. 257, 509; 2005, cc. 704, 707, 709; 2006,c. 236.)
§ 10.1-2131. Point source pollution funding; conditions for approval.
A. The Department of Environmental Quality shall be the lead state agency fordetermining the appropriateness of any grant related to point sourcepollution to be made from the Fund to restore, protect or improve state waterquality.
B. The Director of the Department of Environmental Quality shall, subject toavailable funds and in coordination with the Director of the Department ofConservation and Recreation, direct the State Treasurer to make Water QualityImprovement Grants in accordance with the guidelines established pursuant to§ 10.1-2129. The Director of the Department of Environmental Quality shallenter into grant agreements with all facilities designated as significantdischargers or eligible nonsignificant dischargers that apply for grants;however, all such grant agreements shall contain provisions that paymentsthereunder are subject to the availability of funds.
C. Notwithstanding the priority provisions of § 10.1-2129, the Director ofthe Department of Environmental Quality shall not authorize the distributionof grants from the Fund for purposes other than financing the cost of designand installation of nutrient removal technology at publicly owned treatmentworks until such time as all tributary strategy plans are developed andimplemented unless he finds that there exists in the Fund sufficient fundsfor substantial and continuing progress in implementation of the tributarystrategy plans. In addition to the provisions of § 10.1-2130, all grantagreements related to nutrients shall include: (i) numerical technology-basedeffluent concentration limitations on nutrient discharges to state watersbased upon the technology installed by the facility; (ii) enforceableprovisions related to the maintenance of the numerical concentrations thatwill allow for exceedences of 0.8 mg/L for total nitrogen or no more than 10percent, whichever is greater, for exceedences of 0.1 mg/L for totalphosphorus or no more than 10%, and for exceedences caused by extraordinaryconditions; and (iii) recognition of the authority of the Commonwealth tomake the Virginia Water Facilities Revolving Fund (§ 62.1-224 et seq.)available to local governments to fund their share of the cost of designingand installing nutrient removal technology based on financial need andsubject to availability of revolving loan funds, priority ranking andrevolving loan distribution criteria. If, pursuant to § 10.1-1187.6, theState Water Control Board approves an alternative compliance method totechnology-based concentration limitations in Virginia Pollutant DischargeElimination System permits, the concentration limitations of the grantagreement shall be suspended subject to the terms of such approval. The costof the design and installation of nutrient removal technology at publiclyowned treatment works meeting the nutrient reduction goal in an applicabletributary strategy plan or an applicable regulatory requirement and incurredprior to the execution of a grant agreement is eligible for reimbursementfrom the Fund provided the grant is made pursuant to an executed agreementconsistent with the provisions of this chapter.
Subsequent to the implementation of the tributary strategy plans, theDirector may authorize disbursements from the Fund for any water qualityrestoration, protection and improvements related to point source pollutionthat are clearly demonstrated as likely to achieve measurable and specificwater quality improvements, including, but not limited to, cost effectivetechnologies to reduce nutrient loads. Notwithstanding the previousprovisions of this subsection, the Director may, at any time, authorizegrants, including grants to institutions of higher education, for technicalassistance related to nutrient reduction.
D. The grant percentage provided for financing the costs of the design andinstallation of nutrient removal technology at publicly owned treatment worksshall be based upon the financial need of the community as determined bycomparing the annual sewer charges expended within the service area to thereasonable sewer cost established for the community.
E. Grants shall be awarded in the following manner:
1. In communities for which the ratio of annual sewer charges to reasonablesewer cost is less than 0.30, the Director of the Department of EnvironmentalQuality shall authorize grants in the amount of 35 percent of the costs ofthe design and installation of nutrient removal technology;
2. In communities for which the ratio of annual sewer charges to reasonablesewer cost is equal to or greater than 0.30 and less than 0.50, the Directorshall authorize grants in the amount of 45 percent of the costs of the designand installation of nutrient removal technology;
3. In communities for which the ratio of annual sewer charges to reasonablesewer cost is equal to or greater than 0.50 and less than 0.80, the Directorshall authorize grants in the amount of 60 percent of the costs of design andinstallation of nutrient removal technology; and
4. In communities for which the ratio of annual sewer charges to reasonablesewer cost is equal to or greater than 0.80, the Director shall authorizegrants in the amount of 75 percent of the costs of the design andinstallation of nutrient removal technology.
(1997, cc. 21, 625, 626; 1999, cc. 257, 509; 2005, cc. 704, 707, 709; 2006,c. 236.)
