2015 Code of Virginia
Title 10.1 - Conservation
§ 10.1-1186.01. Reimbursements to localities for upgrades to treatment works

A. 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 E, or as eligible nonsignificant dischargers as defined in § 10.1-2117. Notwithstanding § 10.1-2128, at such time as grant disbursements pursuant to this section reach 200 percent of the appropriations provided for in Chapter 951 of the Acts of Assembly of 2005 and Chapter 10 of the Acts of Assembly of 2006, Special Session I, 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 shall review the future funding needs to meet the purposes of the Water Quality Improvement Act and the appropriate funding mechanism for such needs.

B. The disbursement of grants for the design and installation of nutrient removal technology at those publicly owned treatment works included in subsection E 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 of Environmental Quality out of proceeds from bonds issued by the Virginia Public Building Authority, in consultation with the Department of Environmental Quality, 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% completion of construction to final completion of construction.

C. The General Assembly shall have the sole authority to determine whether disbursement will be made pursuant to subdivision B 1, B 2, or B 3, or a combination thereof; provided that a disbursement shall only be made pursuant to subdivision B 3 upon a certification by the Department of Environmental Quality that project grant reimbursements for the fiscal year will exceed the available funds in the Water Quality Improvement Fund.

D. Exclusive of any deposits made pursuant to § 10.1-2128, the grants awarded pursuant to this section shall include such appropriations as provided for in Chapter 951 of the Acts of Assembly of 2005; and Chapter 10 of the Acts of Assembly of 2006, Special Session I.

E. The disbursement of grants to finance the costs of design and installation of nutrient removal technology at the following 89 publicly owned treatment works and other eligible nonsignificant dischargers shall be provided pursuant to the distribution methodology included in § 10.1-2131. However, in no case shall any publicly owned treatment works receive a grant of less than 35% of the costs of the design and installation of nutrient removal technology.

a	FACILITY NAME	OWNER
b	Shenandoah - Potomac River Basin
c	ACSA-Fishersville STP	Augusta County Service Authority
d	Luray STP	Town of Luray
e	ACSA-Middle River Regional STP	Augusta County Service Authority
f	HRRSA-North River WWTF	Harrisonburg-Rockingham Regional Sewer Authority
g	ACSA-Stuarts Draft STP	Augusta County Service Authority
h	Waynesboro STP	City of Waynesboro
i	ACSA-Weyers Cave STP	Augusta County Service Authority
j	Berryville STP	Town of Berryville
k	Front Royal STP	Town of Front Royal
l	Mount Jackson STP	Town of Mount Jackson
m	New Market STP	Town of New Market
n	Shenandoah Co.-North Fork Regional WWTP	Shenandoah County
o	Stoney Creek Sanitary District STP	Stoney Creek Sanitary District
p	Strasburg STP	Town of Strasburg
q	Woodstock STP	Town of Woodstock
r	FWSA-Opequon Water Reclamation Facility	Frederick-Winchester Service Authority
s	FWSA-Parkins Mill WWTF	Frederick-Winchester Service Authority
t	Purcellville-Basham Simms WWTF	Town of Purcellville
u	LCSA-Broad Run WRF	Loudoun County Service Authority
v	Leesburg WPCF	Town of Leesburg
w	Round Hill WWTP	Town of Round Hill
x	PWCSA-H.L. Mooney WWTF	Prince William County Service Authority
y	Upper Occoquan Sewage Authority WWTP	Upper Occoquan Sewage Authority
z	FCW&SA-Vint Hill WWTF	Fauquier County Water and Sewer Authority
aa	Alexandria Sanitation Authority WWTP	Alexandria Sanitation Authority
ab	Arlington Co. WPCF	Arlington County
ac	Fairfax Co. - Noman-Cole Pollution Control Facility	Fairfax County
ad	Stafford Co.-Aquia WWTP	Stafford County
ae	Colonial Beach STP	Town of Colonial Beach
af	Dahlgren Sanitary District WWTP	King George County Service Authority
ag	Fairview Beach STP	King George County Service Authority
ah	Purkins Corner WWTP	King George County Service Authority
ai	District of Columbia - Blue Plains STP (Virginia portion)	Loudoun County Service Authority and Fairfax County contract for capacity
aj	Rappahannock River Basin
ak	Culpeper WWTP	Town of Culpeper
al	Marshall WWTP	Town of Marshall
am	Mountain Run WWTP	Culpeper County
an	Orange STP	Town of Orange
ao	Rapidan STP	Rapidan Service Authority
ap	FCW&SA-Remington WWTP	Fauquier County Water and Sewer Authority
aq	Warrenton STP	Town of Warrenton
ar	Wilderness Shores WWTP	Rapidan Service Authority
as	Spotsylvania Co.-FMC WWTF	Spotsylvania County
at	Fredericksburg WWTF	City of Fredericksburg
au	Stafford Co.-Little Falls Run WWTF	Stafford County
av	Spotsylvania Co.-Massaponax WWTF	Spotsylvania County
aw	Montross-Westmoreland WWTP	Westmoreland County
ax	Oakland Park STP	King George County Service Authority
ay	Tappahannock WWTP	Town of Tappahannock
az	Urbanna WWTP	Hampton Roads Sanitation District
ba	Warsaw STP	Town of Warsaw
bb	Reedville Sanitary District WWTP	Reedville Sanitary District
bc	Kilmarnock WWTP	Town of Kilmarnock
bd	York River Basin
be	Caroline Co. Regional STP	Caroline County
bf	Gordonsville STP	Rapidan Service Authority
bg	Ashland WWTP	Hanover County
bh	Doswell WWTP	Hanover County
bi	HRSD-York River STP	Hampton Roads Sanitation District
bj	Parham Landing WWTP	New Kent County
bk	Totopotomoy WWTP	Hanover County
bl	HRSD-West Point STP	Hampton Roads Sanitation District
bm	HRSD-Mathews Courthouse STP	Hampton Roads Sanitation District
bn	James River Basin
bo	Buena Vista STP	City of Buena Vista
bp	Clifton Forge STP	Town of Clifton Forge
bq	Covington STP	City of Covington
br	Lexington-Rockbridge Regional WQCF	Maury Service Authority
bs	Alleghany Co.-Low Moor STP	Alleghany County
bt	Alleghany Co.-Lower Jackson River WWTP	Alleghany County
bu	Amherst-Rutledge Creek WWTP	Town of Amherst
bv	Lynchburg STP	City of Lynchburg
bw	RWSA-Moores Creek Regional STP	Rivanna Water and Sewer Authority
bx	Crewe WWTP	Town of Crewe
by	Farmville WWTP	Town of Farmville
bz	Chesterfield Co.-Falling Creek WWTP	Chesterfield County
ca	Henrico Co. WWTP	Henrico County
cb	Hopewell Regional WWTF	City of Hopewell
cc	Chesterfield Co.-Proctors Creek WWTP	Chesterfield County
cd	Richmond WWTP	City of Richmond
ce	South Central Wastewater Authority WWTF	South Central Wastewater Authority
cf	Chickahominy WWTP	New Kent County
cg	HRSD-Boat Harbor STP	Hampton Roads Sanitation District
ch	HRSD-James River STP	Hampton Roads Sanitation District
ci	HRSD-Williamsburg STP	Hampton Roads Sanitation District
cj	HRSD-Nansemond STP	Hampton Roads Sanitation District
ck	HRSD-Army Base STP	Hampton Roads Sanitation District
cl	HRSD-Virginia Initiative Plant STP	Hampton Roads Sanitation District
cm	HRSD-Chesapeake/Elizabeth STP	Hampton Roads Sanitation District
cn	Eastern Shore Basin
co	Cape Charles WWTP	Town of Cape Charles
cp	Onancock WWTP	Town of Onancock
cq	Tangier Island WWTP	Town of Tangier

F. 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.

G. Notwithstanding the provisions of subsection B of § 10.1-2131, the Director of the Department of Environmental Quality 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.