VA Code § 10.1-1186.01 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 11.1 - Department of Environmental Quality|§ 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; or3. 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 NAMEOWNERShenandoah - Potomac River BasinACSA-Fishersville STPAugusta County Service AuthorityLuray STPTown of LurayACSA-Middle River Regional STPAugusta County Service AuthorityHRRSA-North River WWTF WIP3-PHarrisonburg-Rockingham Regional Sewer AuthorityACSA-Stuarts Draft STPAugusta County Service AuthorityWaynesboro STPCity of WaynesboroACSA-Weyers Cave STPAugusta County Service AuthorityBerryville STPTown of BerryvilleFront Royal STPTown of Front RoyalMount Jackson STPTown of Mount JacksonNew Market STPTown of New MarketShenandoah Co.-North Fork Regional WWTPShenandoah CountyStoney Creek Sanitary District STPStoney Creek Sanitary DistrictStrasburg STPTown of StrasburgWoodstock STPTown of WoodstockFWSA-Opequon Water Reclamation FacilityFrederick-Winchester Service AuthorityFWSA-Parkins Mill WWTFFrederick-Winchester Service AuthorityPurcellville-Basham Simms WWTFTown of PurcellvilleLCSA-Broad Run WRFLoudoun County Service AuthorityLeesburg WPCFTown of LeesburgRound Hill WWTPTown of Round HillPWCSA-H.L. Mooney WWTFPrince William County Service AuthorityUpper Occoquan Sewage Authority WWTPUpper Occoquan Sewage AuthorityFCW&SA-Vint Hill WWTFFauquier County Water and Sewer AuthorityAlexandria Sanitation Authority WWTPAlexandria Sanitation AuthorityArlington Co. WPCFArlington CountyFairfax Co. Noman-Cole Fairfax CountyPollution Control FacilityStafford Co.-Aquia WWTPStafford CountyColonial Beach STPTown of Colonial BeachDahlgren Sanitary District WWTPKing George County Service AuthorityFairview Beach STPKing George County Service AuthorityPurkins Corner WWTPKing George County Service AuthorityDistrict of Columbia - Blue Plains STP (Virginia portion)Loudoun County Service Authorityand Fairfax County contract for capacity and Fairfax County contract for capacityRappahannock River BasinCulpeper WWTPTown of CulpeperMarshall WWTPTown of MarshallMountain Run WWTP Culpeper CountyOrange STPTown of OrangeRapidan STP Rapidan Service AuthorityFCW&SA-Remmington WWTP Fauquier County Water and Sewer AuthorityWarrenton STPTown of WarrentonWilderness Shores WWTPRapidan Service AuthoritySpotsylvania Co.-FMC WWTFSpotsylvania CountyFredericksburg WWTFCity of FredericksburgStafford Co.-Little Falls Run WWTFStafford CountySpotsylvania Co.-Massaponax WWTF WIP3-N, WIP3-PSpotsylvania CountyMontross-Westmoreland WWTPWestmoreland CountyOakland Park STPKing George County Service AuthorityTappahannock WWTPTown of TappahannockUrbanna WWTPHampton Roads Sanitation DistrictWarsaw STPTown of WarsawReedville Sanitary District WWTPReedville Sanitary District60Kilmarnock WWTPTown of KilmarnockYork River BasinCaroline Co. Regional STPCaroline CountyGordonsville STP Rapidan Service AuthorityAshland WWTPHanover CountyDoswell WWTPHanover CountyHRSD-York River STP WIP3-NHampton Roads Sanitation DistrictParham Landing WWTPNew Kent CountyTotopotomoy WWTPHanover CountyHRSD-West Point STP Hampton Roads Sanitation DistrictHRSD-Mathews Courthouse STPHampton Roads Sanitation DistrictSpotsylvania Co.-Thornburg STP WIP3-N, WIP3-PSpotsylvania CountyJames River BasinBuena Vista STP City of Buena VistaCovington STPCity of CovingtonLexington-Rockbridge Regional WQCF Maury Service AuthorityAlleghany Co.-Low Moor STPAlleghany CountyAlleghany Co.-Lower Jackson River WWTPAlleghany CountyAmherst-Rutledge Creek WWTPTown of AmherstLynchburg STPCity of LynchburgRWSA-Moores Creek Regional STP Rivanna Water and Sewer AuthorityCrewe WWTPTown of CreweFarmville WWTPTown of FarmvilleChesterfield Co.-Falling Creek WWTPChesterfield CountyHenrico Co. WWTPHenrico CountyHopewell Regional WWTFCity of HopewellChesterfield Co.-Proctors Creek WWTPChesterfield CountyRichmond WWTPCity of RichmondSouth Central Wastewater Authority WWTF WIP3-N, WIP3-PSouth Central Wastewater AuthorityHRSD-Boat Harbor STP WIP3-N, WIP3-PHampton Roads Sanitation DistrictHRSD-Williamsburg STP WIP3-N, WIP3-PHampton Roads Sanitation DistrictHRSD-Nansemond STP WIP3-N, WIP3-PHampton Roads Sanitation DistrictHRSD-Army Base STP WIP3-N, WIP3-PHampton Roads Sanitation DistrictHRSD-Virginia Initiative Plant STP WIP3-N, WIP3-PHampton Roads Sanitation DistrictHRSD-Chesapeake/Elizabeth STP WIP3-N, WIP3-PHampton Roads Sanitation DistrictEastern Shore BasinCape Charles WWTPTown of Cape CharlesOnancock WWTP Town of OnancockTangier Island WWTP Town of TangierG. 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.2007, cc. 851, 900; 2008, c. 572; 2021, Sp. Sess. I, cc. 363, 364.