Code of Virginia · § 10.1-1186.01 — Reimbursements to localities for upgrades to treatment works

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 NAME OWNER

Shenandoah - Potomac River Basin

ACSA-Fishersville STP Augusta County Service Authority

Luray STP Town of Luray

ACSA-Middle River Regional STP Augusta County Service Authority

HRRSA-North River WWTF WIP3-P Harrisonburg-Rockingham Regional Sewer Authority

ACSA-Stuarts Draft STP Augusta County Service Authority

Waynesboro STP City of Waynesboro

ACSA-Weyers Cave STP Augusta County Service Authority

Berryville STP Town of Berryville

Front Royal STP Town of Front Royal

Mount Jackson STP Town of Mount Jackson

New Market STP Town of New Market

Shenandoah Co.-North Fork Regional WWTP Shenandoah County

Stoney Creek Sanitary District STP Stoney Creek Sanitary District

Strasburg STP Town of Strasburg

Woodstock STP Town of Woodstock

FWSA-Opequon Water Reclamation Facility Frederick-Winchester Service Authority

FWSA-Parkins Mill WWTF Frederick-Winchester Service Authority

Purcellville-Basham Simms WWTF Town of Purcellville

LCSA-Broad Run WRF Loudoun County Service Authority

Leesburg WPCF Town of Leesburg

Round Hill WWTP Town of Round Hill

PWCSA-H.L. Mooney WWTF Prince William County Service Authority

Upper Occoquan Sewage Authority WWTP Upper Occoquan Sewage Authority

FCW&SA-Vint Hill WWTF Fauquier County Water and Sewer Authority

Alexandria Sanitation Authority WWTP Alexandria Sanitation Authority

Arlington Co. WPCF Arlington County

Fairfax Co. Noman-Cole Fairfax County

Pollution Control Facility

Stafford Co.-Aquia WWTP Stafford County

Colonial Beach STP Town of Colonial Beach

Dahlgren Sanitary District WWTP King George County Service Authority

Fairview Beach STP King George County Service Authority

Purkins Corner WWTP King 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 WWTP Town of Culpeper

Marshall WWTP Town of Marshall

Mountain Run WWTP Culpeper County

Orange STP Town of Orange

Rapidan STP Rapidan Service Authority

FCW&SA-Remmington WWTP Fauquier County Water and Sewer Authority

Warrenton STP Town of Warrenton

Wilderness Shores WWTP Rapidan Service Authority

Spotsylvania Co.-FMC WWTF Spotsylvania County

Fredericksburg WWTF WIP3-N, WIP3-P City of Fredericksburg

Stafford Co.-Little Falls Run WWTF Stafford County

Spotsylvania Co.-Massaponax WWTF WIP3-N, WIP3-P Spotsylvania County

Montross-Westmoreland WWTP Westmoreland County

Oakland Park STP King George County Service Authority

Tappahannock WWTP Town of Tappahannock

Urbanna WWTP Hampton Roads Sanitation District

Warsaw STP Town of Warsaw

Reedville Sanitary District WWTP Reedville Sanitary District 60

Kilmarnock WWTP Town of Kilmarnock

York River Basin

Caroline Co. Regional STP Caroline County

Gordonsville STP Rapidan Service Authority

Ashland WWTP Hanover County

Doswell WWTP Hanover County

HRSD-York River STP WIP3-N Hampton Roads Sanitation District

Parham Landing WWTP New Kent County

Totopotomoy WWTP Hanover County

HRSD-West Point STP Hampton Roads Sanitation District

HRSD-Mathews Courthouse STP Hampton Roads Sanitation District

Spotsylvania Co.-Thornburg STP WIP3-N, WIP3-P Spotsylvania County

James River Basin

Buena Vista STP City of Buena Vista

Covington STP City of Covington

Lexington-Rockbridge Regional WQCF Maury Service Authority

Alleghany Co.-Low Moor STP Alleghany County

Alleghany Co.-Lower Jackson River WWTP Alleghany County

Amherst-Rutledge Creek WWTP Town of Amherst

Lynchburg STP City of Lynchburg

RWSA-Moores Creek Regional STP Rivanna Water and Sewer Authority

Crewe WWTP Town of Crewe

Farmville WWTP Town of Farmville

Chesterfield Co.-Falling Creek WWTP Chesterfield County

Henrico Co. WWTP Henrico County

Hopewell Regional WWTF City of Hopewell

Chesterfield Co.-Proctors Creek WWTP Chesterfield County

Richmond WWTP City of Richmond

South Central Wastewater Authority WWTF WIP3-N, WIP3-P South Central Wastewater Authority

HRSD-Boat Harbor STP WIP3-N, WIP3-P Hampton Roads Sanitation District

HRSD-Williamsburg STP WIP3-N, WIP3-P Hampton Roads Sanitation District

HRSD-Nansemond STP WIP3-N, WIP3-P Hampton Roads Sanitation District

HRSD-Army Base STP WIP3-N, WIP3-P Hampton Roads Sanitation District

HRSD-Virginia Initiative Plant STP WIP3-N, WIP3-P Hampton Roads Sanitation District

HRSD-Chesapeake/Elizabeth STP WIP3-N, WIP3-P Hampton Roads Sanitation District

Eastern Shore Basin

Cape Charles WWTP Town of Cape Charles

Onancock WWTP Town of Onancock

Tangier Island WWTP Town 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.