§ 62.1-44.19:5. Water quality monitoring and reporting.
A. The Board shall develop the reports required by § 1313(d) (hereafter the303(d) report) and § 1315(b) (hereafter the 305(b) report) of the Clean WaterAct in a manner such that the reports will: (i) provide an accurate andcomprehensive assessment of the quality of state surface waters; (ii)identify trends in water quality for specific and easily identifiablegeographically defined water segments; (iii) provide a basis for developinginitiatives and programs to address current and potential water qualityimpairment; (iv) be consistent and comparable documents; and (v) containaccurate and comparable data that is representative of the state as a whole.The reports shall be produced in accordance with the schedule required byfederal law, but shall incorporate at least the preceding five years of data.Data older than five years shall be incorporated when scientificallyappropriate for trend analysis. The Board shall conduct monitoring asdescribed in subsection B and consider and incorporate factors as describedin subsection C into the reports. The Board may conduct additional monitoringand consider and incorporate other factors or information it deemsappropriate or necessary.
B. Monitoring shall be conducted so that it:
1. Establishes consistent siting and monitoring techniques to ensure datareliability, comparability of data collected throughout the state, andability to determine water quality trends within specific and easilyidentifiable geographically defined water segments.
2. Expands the percentage of river and stream miles monitored so asultimately to be representative of all river and stream miles in the stateaccording to a developed plan and schedule. Contingent upon the appropriationof adequate funding for this purpose, the number of water quality monitoringstations and the frequency of sampling shall be increased by at least fivepercent annually, until such representative monitoring is achieved, and shallbe expanded first to water bodies for which there is credible evidence tosupport an indication of impairment.
3. Monitors, according to a plan and schedule, for all substances that aredischarged to state waters and that are: (i) listed on the Chesapeake BayProgram's "toxics of concern" list as of January 1, 1997; (ii) listed bythe USEPA Administrator pursuant to § 307(a) of the Clean Water Act; (iii)subject to water quality standards; or (iv) necessary to determine waterquality conditions. The Board shall update the plan annually. The Board shalldevelop and implement the plan and schedule for the phasing in of monitoringrequired by this subdivision. The Board shall, upon development of the plan,publish notice in the Virginia Register that the plan is available for publicinspection.
4. Provides, according to the plan in subdivision B 3, for increased use, asnecessary, beyond 1996 levels, of sediment monitoring as well as benthicmacro-invertebrate organisms and fish tissue monitoring, and provides forspecific assessments of water quality based on the results of suchmonitoring. Contingent upon the appropriation of adequate funding for thispurpose, all fish tissue and sediment monitoring for the segments identifiedin the water quality monitoring plan shall occur at least once every threeyears.
5. Increases frequency of sample collection at each chemical monitoringstation to one or more per month when scientifically necessary to provideaccurate and usable data. If statistical analysis is necessary to resolveissues surrounding potentially low sampling frequency, a sensitivity analysisshall be used to describe both potential overestimation and underestimationof water quality.
6. Utilizes a mobile laboratory or other laboratories to provide independentmonitoring and assessments of effluent from permitted industrial andmunicipal establishments and other discharges to state waters.
7. Utilizes announced and unannounced inspections, and collection and testingof samples from establishments discharging to state surface waters.
C. The 303(d) report shall:
1. In addition to such other categories as the Board deems necessary orappropriate, identify geographically defined water segments as impaired ifmonitoring or other evidence shows: (i) violations of ambient water qualitystandards or human health standards; (ii) fishing restrictions or advisories;(iii) shellfish consumption restrictions due to contamination; (iv) nutrientover-enrichment; (v) significant declines in aquatic life biodiversity orpopulations; or (vi) contamination of sediment at levels which violate waterquality standards or threaten aquatic life or human health. Waters identifiedas "naturally impaired," "fully supporting but threatened," or"evaluated (without monitoring) as impaired" shall be set out in the reportin the same format as those listed as "impaired." The Board shall developand publish a procedure governing its process for defining and determiningimpaired water segments and shall provide for public comment on the procedure.
2. Include an assessment, conducted in conjunction with other appropriatestate agencies, for the attribution of impairment to point and nonpointsources. The absence of point source permit violations on or near theimpaired water shall not conclusively support a determination that impairmentis due to nonpoint sources. In determining the cause for impairment, theBoard shall consider the cumulative impact of (i) multiple point sourcedischarges, (ii) individual discharges over time, and (iii) nonpoint sources.
D. The 303(d) and 305(b) reports shall:
1. Be developed in consultation with scientists from state universities priorto its submission by the Board to the United States Environmental ProtectionAgency.
2. Indicate water quality trends for specific and easily identifiablegeographically defined water segments and provide summaries of the trends aswell as available data and evaluations so that citizens of the Commonwealthcan easily interpret and understand the conditions of the geographicallydefined water segments.
E. The Board shall refer to the 303(d) and 305(b) reports in determiningproper staff and resource allocation.
F. The Board shall accept and review requests from the public regardingspecific segments that should be included in the water quality monitoringplan described in subdivision B 3 of this section. Each request received byApril 30 shall be reviewed when the agency develops or updates the waterquality monitoring plan. Such requests shall include (i) a geographicaldescription of the waterbody recommended for monitoring, (ii) the reason themonitoring is requested, and (iii) any water quality data that the petitionermay have collected or compiled. The Board shall respond in writing, eitherapproving the request or stating the reasons a request under this subsectionhas been denied, by August 31 for requests received by April 30 of the sameyear. Such determination shall not be a regulation or case decision asdefined by § 2.2-4001.
(1997, c. 519; 2000, cc. 17, 945, 1043; 2007, c. 655.)
§ 62.1-44.19:5. Water quality monitoring and reporting.
A. The Board shall develop the reports required by § 1313(d) (hereafter the303(d) report) and § 1315(b) (hereafter the 305(b) report) of the Clean WaterAct in a manner such that the reports will: (i) provide an accurate andcomprehensive assessment of the quality of state surface waters; (ii)identify trends in water quality for specific and easily identifiablegeographically defined water segments; (iii) provide a basis for developinginitiatives and programs to address current and potential water qualityimpairment; (iv) be consistent and comparable documents; and (v) containaccurate and comparable data that is representative of the state as a whole.The reports shall be produced in accordance with the schedule required byfederal law, but shall incorporate at least the preceding five years of data.Data older than five years shall be incorporated when scientificallyappropriate for trend analysis. The Board shall conduct monitoring asdescribed in subsection B and consider and incorporate factors as describedin subsection C into the reports. The Board may conduct additional monitoringand consider and incorporate other factors or information it deemsappropriate or necessary.
B. Monitoring shall be conducted so that it:
1. Establishes consistent siting and monitoring techniques to ensure datareliability, comparability of data collected throughout the state, andability to determine water quality trends within specific and easilyidentifiable geographically defined water segments.
2. Expands the percentage of river and stream miles monitored so asultimately to be representative of all river and stream miles in the stateaccording to a developed plan and schedule. Contingent upon the appropriationof adequate funding for this purpose, the number of water quality monitoringstations and the frequency of sampling shall be increased by at least fivepercent annually, until such representative monitoring is achieved, and shallbe expanded first to water bodies for which there is credible evidence tosupport an indication of impairment.
3. Monitors, according to a plan and schedule, for all substances that aredischarged to state waters and that are: (i) listed on the Chesapeake BayProgram's "toxics of concern" list as of January 1, 1997; (ii) listed bythe USEPA Administrator pursuant to § 307(a) of the Clean Water Act; (iii)subject to water quality standards; or (iv) necessary to determine waterquality conditions. The Board shall update the plan annually. The Board shalldevelop and implement the plan and schedule for the phasing in of monitoringrequired by this subdivision. The Board shall, upon development of the plan,publish notice in the Virginia Register that the plan is available for publicinspection.
4. Provides, according to the plan in subdivision B 3, for increased use, asnecessary, beyond 1996 levels, of sediment monitoring as well as benthicmacro-invertebrate organisms and fish tissue monitoring, and provides forspecific assessments of water quality based on the results of suchmonitoring. Contingent upon the appropriation of adequate funding for thispurpose, all fish tissue and sediment monitoring for the segments identifiedin the water quality monitoring plan shall occur at least once every threeyears.
5. Increases frequency of sample collection at each chemical monitoringstation to one or more per month when scientifically necessary to provideaccurate and usable data. If statistical analysis is necessary to resolveissues surrounding potentially low sampling frequency, a sensitivity analysisshall be used to describe both potential overestimation and underestimationof water quality.
6. Utilizes a mobile laboratory or other laboratories to provide independentmonitoring and assessments of effluent from permitted industrial andmunicipal establishments and other discharges to state waters.
7. Utilizes announced and unannounced inspections, and collection and testingof samples from establishments discharging to state surface waters.
C. The 303(d) report shall:
1. In addition to such other categories as the Board deems necessary orappropriate, identify geographically defined water segments as impaired ifmonitoring or other evidence shows: (i) violations of ambient water qualitystandards or human health standards; (ii) fishing restrictions or advisories;(iii) shellfish consumption restrictions due to contamination; (iv) nutrientover-enrichment; (v) significant declines in aquatic life biodiversity orpopulations; or (vi) contamination of sediment at levels which violate waterquality standards or threaten aquatic life or human health. Waters identifiedas "naturally impaired," "fully supporting but threatened," or"evaluated (without monitoring) as impaired" shall be set out in the reportin the same format as those listed as "impaired." The Board shall developand publish a procedure governing its process for defining and determiningimpaired water segments and shall provide for public comment on the procedure.
2. Include an assessment, conducted in conjunction with other appropriatestate agencies, for the attribution of impairment to point and nonpointsources. The absence of point source permit violations on or near theimpaired water shall not conclusively support a determination that impairmentis due to nonpoint sources. In determining the cause for impairment, theBoard shall consider the cumulative impact of (i) multiple point sourcedischarges, (ii) individual discharges over time, and (iii) nonpoint sources.
D. The 303(d) and 305(b) reports shall:
1. Be developed in consultation with scientists from state universities priorto its submission by the Board to the United States Environmental ProtectionAgency.
2. Indicate water quality trends for specific and easily identifiablegeographically defined water segments and provide summaries of the trends aswell as available data and evaluations so that citizens of the Commonwealthcan easily interpret and understand the conditions of the geographicallydefined water segments.
E. The Board shall refer to the 303(d) and 305(b) reports in determiningproper staff and resource allocation.
F. The Board shall accept and review requests from the public regardingspecific segments that should be included in the water quality monitoringplan described in subdivision B 3 of this section. Each request received byApril 30 shall be reviewed when the agency develops or updates the waterquality monitoring plan. Such requests shall include (i) a geographicaldescription of the waterbody recommended for monitoring, (ii) the reason themonitoring is requested, and (iii) any water quality data that the petitionermay have collected or compiled. The Board shall respond in writing, eitherapproving the request or stating the reasons a request under this subsectionhas been denied, by August 31 for requests received by April 30 of the sameyear. Such determination shall not be a regulation or case decision asdefined by § 2.2-4001.
(1997, c. 519; 2000, cc. 17, 945, 1043; 2007, c. 655.)
§ 62.1-44.19:5. Water quality monitoring and reporting.
A. The Board shall develop the reports required by § 1313(d) (hereafter the303(d) report) and § 1315(b) (hereafter the 305(b) report) of the Clean WaterAct in a manner such that the reports will: (i) provide an accurate andcomprehensive assessment of the quality of state surface waters; (ii)identify trends in water quality for specific and easily identifiablegeographically defined water segments; (iii) provide a basis for developinginitiatives and programs to address current and potential water qualityimpairment; (iv) be consistent and comparable documents; and (v) containaccurate and comparable data that is representative of the state as a whole.The reports shall be produced in accordance with the schedule required byfederal law, but shall incorporate at least the preceding five years of data.Data older than five years shall be incorporated when scientificallyappropriate for trend analysis. The Board shall conduct monitoring asdescribed in subsection B and consider and incorporate factors as describedin subsection C into the reports. The Board may conduct additional monitoringand consider and incorporate other factors or information it deemsappropriate or necessary.
B. Monitoring shall be conducted so that it:
1. Establishes consistent siting and monitoring techniques to ensure datareliability, comparability of data collected throughout the state, andability to determine water quality trends within specific and easilyidentifiable geographically defined water segments.
2. Expands the percentage of river and stream miles monitored so asultimately to be representative of all river and stream miles in the stateaccording to a developed plan and schedule. Contingent upon the appropriationof adequate funding for this purpose, the number of water quality monitoringstations and the frequency of sampling shall be increased by at least fivepercent annually, until such representative monitoring is achieved, and shallbe expanded first to water bodies for which there is credible evidence tosupport an indication of impairment.
3. Monitors, according to a plan and schedule, for all substances that aredischarged to state waters and that are: (i) listed on the Chesapeake BayProgram's "toxics of concern" list as of January 1, 1997; (ii) listed bythe USEPA Administrator pursuant to § 307(a) of the Clean Water Act; (iii)subject to water quality standards; or (iv) necessary to determine waterquality conditions. The Board shall update the plan annually. The Board shalldevelop and implement the plan and schedule for the phasing in of monitoringrequired by this subdivision. The Board shall, upon development of the plan,publish notice in the Virginia Register that the plan is available for publicinspection.
4. Provides, according to the plan in subdivision B 3, for increased use, asnecessary, beyond 1996 levels, of sediment monitoring as well as benthicmacro-invertebrate organisms and fish tissue monitoring, and provides forspecific assessments of water quality based on the results of suchmonitoring. Contingent upon the appropriation of adequate funding for thispurpose, all fish tissue and sediment monitoring for the segments identifiedin the water quality monitoring plan shall occur at least once every threeyears.
5. Increases frequency of sample collection at each chemical monitoringstation to one or more per month when scientifically necessary to provideaccurate and usable data. If statistical analysis is necessary to resolveissues surrounding potentially low sampling frequency, a sensitivity analysisshall be used to describe both potential overestimation and underestimationof water quality.
6. Utilizes a mobile laboratory or other laboratories to provide independentmonitoring and assessments of effluent from permitted industrial andmunicipal establishments and other discharges to state waters.
7. Utilizes announced and unannounced inspections, and collection and testingof samples from establishments discharging to state surface waters.
C. The 303(d) report shall:
1. In addition to such other categories as the Board deems necessary orappropriate, identify geographically defined water segments as impaired ifmonitoring or other evidence shows: (i) violations of ambient water qualitystandards or human health standards; (ii) fishing restrictions or advisories;(iii) shellfish consumption restrictions due to contamination; (iv) nutrientover-enrichment; (v) significant declines in aquatic life biodiversity orpopulations; or (vi) contamination of sediment at levels which violate waterquality standards or threaten aquatic life or human health. Waters identifiedas "naturally impaired," "fully supporting but threatened," or"evaluated (without monitoring) as impaired" shall be set out in the reportin the same format as those listed as "impaired." The Board shall developand publish a procedure governing its process for defining and determiningimpaired water segments and shall provide for public comment on the procedure.
2. Include an assessment, conducted in conjunction with other appropriatestate agencies, for the attribution of impairment to point and nonpointsources. The absence of point source permit violations on or near theimpaired water shall not conclusively support a determination that impairmentis due to nonpoint sources. In determining the cause for impairment, theBoard shall consider the cumulative impact of (i) multiple point sourcedischarges, (ii) individual discharges over time, and (iii) nonpoint sources.
D. The 303(d) and 305(b) reports shall:
1. Be developed in consultation with scientists from state universities priorto its submission by the Board to the United States Environmental ProtectionAgency.
2. Indicate water quality trends for specific and easily identifiablegeographically defined water segments and provide summaries of the trends aswell as available data and evaluations so that citizens of the Commonwealthcan easily interpret and understand the conditions of the geographicallydefined water segments.
E. The Board shall refer to the 303(d) and 305(b) reports in determiningproper staff and resource allocation.
F. The Board shall accept and review requests from the public regardingspecific segments that should be included in the water quality monitoringplan described in subdivision B 3 of this section. Each request received byApril 30 shall be reviewed when the agency develops or updates the waterquality monitoring plan. Such requests shall include (i) a geographicaldescription of the waterbody recommended for monitoring, (ii) the reason themonitoring is requested, and (iii) any water quality data that the petitionermay have collected or compiled. The Board shall respond in writing, eitherapproving the request or stating the reasons a request under this subsectionhas been denied, by August 31 for requests received by April 30 of the sameyear. Such determination shall not be a regulation or case decision asdefined by § 2.2-4001.
(1997, c. 519; 2000, cc. 17, 945, 1043; 2007, c. 655.)
