Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 26 (Potomac Aquifer Recharge Monitoring)
§ 62.1-273. Committee duties and functions.
A. The Committee shall be responsible for ensuring that the SWIFT Project, including its effect on the Potomac Aquifer, is monitored independently.

B. The Committee shall periodically, but not less than every five years, obtain an evaluation of the work of the Potomac Aquifer Recharge Monitoring Laboratory by an independent panel of national experts convened under the auspices of the National Water Research Institute or a similar organization. The evaluation shall address (i) monitoring parameter selection procedures; (ii) analytical methods and screening techniques; (iii) monitoring locations, frequency, results, and interpretation; (iv) modeling activities; and (v) research activities.

C. Additional related activities of the Committee may include:

1. Ensuring that a monitoring program is developed and implemented for monitoring water quality, geological, aquifer pressure, land subsidence, and other SWIFT Project-related impacts;

2. Ensuring independent review of data concerning the quality of the final water produced by the SWIFT Project and upstream process control testing conducted by HRSD in the course of operating the SWIFT Project;

3. Ensuring that a continuous record of monitoring data is maintained and available;

4. Ensuring that projections are made of the effects of the SWIFT Project;

5. Ensuring that the Laboratory operations are separate, distinct, and independent from operations by HRSD;

6. Ensuring that research or modeling on aquifer science, managed aquifer recharge, water reuse treatment, wastewater treatment, and advanced treatment technology is conducted and coordinated with the appropriate stakeholders;

7. Ensuring that data on the status and performance of the SWIFT Project and on any changes in the condition of the aquifer due to the SWIFT Project are synthesized, reported, and submitted at least once a year to the relevant regulatory agencies and made available to localities, water authorities, the general public, and other stakeholders within the Eastern Virginia Groundwater Management Area;

8. Serving as a liaison with stakeholders in the Eastern Virginia Groundwater Management Area;

9. Ensuring that informational material related to the SWIFT Project is readily available to the public;

10. Ensuring that the Laboratory is established to fulfill the above responsibilities;

11. In the event that the Committee finds there to be, related to the SWIFT Project, an imminent danger to the environment, a public water supply, or public health, welfare, or safety, referring such matter to the State Water Control Board for the potential issuance of an emergency order to cease injection or make changes pursuant to subdivisions (8a) and (8b) of § 62.1-44.15 or to the Virginia Department of Health for the potential issuance of an emergency order to cease injection or make changes pursuant to § 32.1-13 or 32.1-175; and

12. In the event that the Committee finds that SWIFT Project water does not meet HRSD standards for tasting events, directing HRSD to discontinue its use of SWIFT Project water in water tasting demonstrations or limited demonstration-scale promotional products.

D. The Committee may establish an advisory council to provide scientific and technical expertise in fields including aquifer science, managed aquifer recharge, wastewater treatment, advanced water treatment technology, water reuse, geology, geochemistry, hydrogeology, and related fields. The Committee may direct the advisory council to synthesize technical information for the Committee, provide recommendations related to monitoring SWIFT Project impacts, and provide other advice and support.

E. The authority granted to the Committee pursuant to this section shall not be construed to prohibit or limit the Department, the State Water Control Board, or the State Health Commissioner from taking any lawful action related to the SWIFT Project.

2019, cc. 54, 58.