§ 62.1-44.117. Development of an impaired waters clean-up plan; strategies;objectives.
A. The Secretary of Natural Resources shall develop a plan for the cleanup ofthe Chesapeake Bay and Virginia's waters designated as impaired by the U.S.Environmental Protection Agency. The plan shall be revised and amended asneeded to reflect changes in strategies, timetables, and milestones. Upon therequest of the Secretary of Natural Resources, state agencies shallparticipate in the development of the plan.
B. The plan shall address both point and nonpoint sources of pollution andshall include, but not be limited to the following:
1. Measurable and attainable objectives for cleaning up the Chesapeake Bayand other impaired Virginia waters;
2. A description of the strategies to be implemented to meet specific andattainable objectives outlined in the plan;
3. Time frames or phasing to accomplish plan objectives and the expecteddates of completion;
4. A clearly defined, prioritized, and sufficiently funded program of workwithin the plan both for point and nonpoint source clean-up projects;
5. A disbursement projection plan detailing the expenditures for point andnonpoint projects and whenever possible, a listing of the specific projectsto which the funds are to be allocated;
6. Potential problem areas where delays in the implementation of the plan mayoccur;
7. A risk mitigation strategy designed to reduce the potential problems thatmight delay plan implementation;
8. A description of the extent of coordination between state and localgovernments in developing and achieving the plan's objectives;
9. Assessments of alternative funding mechanisms, that shall include but notbe limited to the feasibility of utilizing the Virginia Resources Authority,that would address the needs of the Commonwealth to handle and appropriatestate funds prudently and efficiently and address the needs of localities toachieve their goals in a timely and affordable manner; and
10. Recommendations to the oversight committees, as defined in § 62.1-44.118,for legislative action.
C. In reporting and documenting progress being made in clean-up efforts tothe oversight committees, the plan shall include measures to assess theprogress in accomplishing the program of work outlined in the plan. Specialemphasis shall be given to the identification of trends that are eitherpositively or negatively impacting plan accomplishment. These shall include,but are not limited to:
1. Stream miles added and removed from the 303(d) list under the federalClean Water Act; waters meeting water quality standards; and total reductionsof nitrogen, phosphorus, and sediment by tributary basin from point andnonpoint sources of pollution;
2. Scope of water quality monitoring of rivers, streams, estuaries, and lakesand the cumulative number of miles or acres assessed to evaluate theeffectiveness of the efforts to restore impaired waters;
3. Number of best management practices (BMP) implemented; participation levelin BMP cost-share programs; number of Total Maximum Daily Loads developed andimplemented; local compliance levels with nonpoint programs, such as erosionand sediment control, stormwater management, and the Chesapeake BayPreservation Act; number of wastewater treatment upgrades underway and numbercompleted; and levels of compliance with nutrient-based permit limits; and
4. Updated or new strategies that would permit the optimal use of resourcesto meet plan objectives as the plan is revised over time.
For the purposes of this chapter "impaired waters" means those waters asdefined in § 62.1-44.19:4.
§ 62.1-44.117. Development of an impaired waters clean-up plan; strategies;objectives.
A. The Secretary of Natural Resources shall develop a plan for the cleanup ofthe Chesapeake Bay and Virginia's waters designated as impaired by the U.S.Environmental Protection Agency. The plan shall be revised and amended asneeded to reflect changes in strategies, timetables, and milestones. Upon therequest of the Secretary of Natural Resources, state agencies shallparticipate in the development of the plan.
B. The plan shall address both point and nonpoint sources of pollution andshall include, but not be limited to the following:
1. Measurable and attainable objectives for cleaning up the Chesapeake Bayand other impaired Virginia waters;
2. A description of the strategies to be implemented to meet specific andattainable objectives outlined in the plan;
3. Time frames or phasing to accomplish plan objectives and the expecteddates of completion;
4. A clearly defined, prioritized, and sufficiently funded program of workwithin the plan both for point and nonpoint source clean-up projects;
5. A disbursement projection plan detailing the expenditures for point andnonpoint projects and whenever possible, a listing of the specific projectsto which the funds are to be allocated;
6. Potential problem areas where delays in the implementation of the plan mayoccur;
7. A risk mitigation strategy designed to reduce the potential problems thatmight delay plan implementation;
8. A description of the extent of coordination between state and localgovernments in developing and achieving the plan's objectives;
9. Assessments of alternative funding mechanisms, that shall include but notbe limited to the feasibility of utilizing the Virginia Resources Authority,that would address the needs of the Commonwealth to handle and appropriatestate funds prudently and efficiently and address the needs of localities toachieve their goals in a timely and affordable manner; and
10. Recommendations to the oversight committees, as defined in § 62.1-44.118,for legislative action.
C. In reporting and documenting progress being made in clean-up efforts tothe oversight committees, the plan shall include measures to assess theprogress in accomplishing the program of work outlined in the plan. Specialemphasis shall be given to the identification of trends that are eitherpositively or negatively impacting plan accomplishment. These shall include,but are not limited to:
1. Stream miles added and removed from the 303(d) list under the federalClean Water Act; waters meeting water quality standards; and total reductionsof nitrogen, phosphorus, and sediment by tributary basin from point andnonpoint sources of pollution;
2. Scope of water quality monitoring of rivers, streams, estuaries, and lakesand the cumulative number of miles or acres assessed to evaluate theeffectiveness of the efforts to restore impaired waters;
3. Number of best management practices (BMP) implemented; participation levelin BMP cost-share programs; number of Total Maximum Daily Loads developed andimplemented; local compliance levels with nonpoint programs, such as erosionand sediment control, stormwater management, and the Chesapeake BayPreservation Act; number of wastewater treatment upgrades underway and numbercompleted; and levels of compliance with nutrient-based permit limits; and
4. Updated or new strategies that would permit the optimal use of resourcesto meet plan objectives as the plan is revised over time.
For the purposes of this chapter "impaired waters" means those waters asdefined in § 62.1-44.19:4.
§ 62.1-44.117. Development of an impaired waters clean-up plan; strategies;objectives.
A. The Secretary of Natural Resources shall develop a plan for the cleanup ofthe Chesapeake Bay and Virginia's waters designated as impaired by the U.S.Environmental Protection Agency. The plan shall be revised and amended asneeded to reflect changes in strategies, timetables, and milestones. Upon therequest of the Secretary of Natural Resources, state agencies shallparticipate in the development of the plan.
B. The plan shall address both point and nonpoint sources of pollution andshall include, but not be limited to the following:
1. Measurable and attainable objectives for cleaning up the Chesapeake Bayand other impaired Virginia waters;
2. A description of the strategies to be implemented to meet specific andattainable objectives outlined in the plan;
3. Time frames or phasing to accomplish plan objectives and the expecteddates of completion;
4. A clearly defined, prioritized, and sufficiently funded program of workwithin the plan both for point and nonpoint source clean-up projects;
5. A disbursement projection plan detailing the expenditures for point andnonpoint projects and whenever possible, a listing of the specific projectsto which the funds are to be allocated;
6. Potential problem areas where delays in the implementation of the plan mayoccur;
7. A risk mitigation strategy designed to reduce the potential problems thatmight delay plan implementation;
8. A description of the extent of coordination between state and localgovernments in developing and achieving the plan's objectives;
9. Assessments of alternative funding mechanisms, that shall include but notbe limited to the feasibility of utilizing the Virginia Resources Authority,that would address the needs of the Commonwealth to handle and appropriatestate funds prudently and efficiently and address the needs of localities toachieve their goals in a timely and affordable manner; and
10. Recommendations to the oversight committees, as defined in § 62.1-44.118,for legislative action.
C. In reporting and documenting progress being made in clean-up efforts tothe oversight committees, the plan shall include measures to assess theprogress in accomplishing the program of work outlined in the plan. Specialemphasis shall be given to the identification of trends that are eitherpositively or negatively impacting plan accomplishment. These shall include,but are not limited to:
1. Stream miles added and removed from the 303(d) list under the federalClean Water Act; waters meeting water quality standards; and total reductionsof nitrogen, phosphorus, and sediment by tributary basin from point andnonpoint sources of pollution;
2. Scope of water quality monitoring of rivers, streams, estuaries, and lakesand the cumulative number of miles or acres assessed to evaluate theeffectiveness of the efforts to restore impaired waters;
3. Number of best management practices (BMP) implemented; participation levelin BMP cost-share programs; number of Total Maximum Daily Loads developed andimplemented; local compliance levels with nonpoint programs, such as erosionand sediment control, stormwater management, and the Chesapeake BayPreservation Act; number of wastewater treatment upgrades underway and numbercompleted; and levels of compliance with nutrient-based permit limits; and
4. Updated or new strategies that would permit the optimal use of resourcesto meet plan objectives as the plan is revised over time.
For the purposes of this chapter "impaired waters" means those waters asdefined in § 62.1-44.19:4.
