{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-2131.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-2131.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-2131.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-2131.html"}],"law_id":81333,"edition_id":1,"section_id":81333,"structure_id":15254,"section_number":"10.1-2131","catch_line":"Point source pollution funding; conditions for approval","history":"1997, cc. 21, 625, 626; 1999, cc. 257, 509; 2005, cc. 704, 707, 709; 2006, c. 236; 2015, c. 164; 2018, cc. 609, 610; 2019, c. 533.","full_text":"A\n\nThe Department of Environmental Quality (the Department) shall be the lead state agency for determining the appropriateness of any grant related to point source pollution to be made from the Fund to restore, protect, or improve state water quality.B\n\nThe Director of the Department (the Director) shall, subject to available funds and in coordination with the Director of the Department of Conservation and Recreation, direct the State Treasurer to make Water Quality Improvement Grants in accordance with the guidelines established pursuant to § 10.1-2129. The Director shall enter into grant agreements with all facilities designated as significant dischargers or eligible nonsignificant dischargers that apply for grants; however, all such grant agreements shall contain provisions that payments thereunder are subject to the availability of funds.C\n\nNotwithstanding the priority provisions of § 10.1-2129, the Director shall not authorize the distribution of grants from the Fund for purposes other than financing the cost of design and installation of nutrient removal technology at publicly owned treatment works in the Chesapeake Bay watershed until such time as nutrient reductions of regulations, permits, or the Chesapeake Bay TMDL Watershed Implementation Plan are satisfied, unless he finds that there exists in the Fund sufficient funds for substantial and continuing progress in implementation of the reductions established in accordance with regulations, permits, or the Chesapeake Bay TMDL Watershed Implementation Plan within the Chesapeake Bay watershed.\n\t\t\tIn addition to the provisions of § 10.1-2130, all grant agreements related to nutrients shall include: (i) numerical technology-based effluent concentration limitations on nutrient discharges to state waters based upon the technology installed by the facility; (ii) enforceable provisions related to the maintenance of the numerical concentrations that will allow for exceedances of 0.8 mg\/L for total nitrogen or no more than 10 percent, whichever is greater, for exceedances of 0.1 mg\/L for total phosphorus or no more than 10%, and for exceedances caused by extraordinary conditions; and (iii) recognition of the authority of the Commonwealth to make the Virginia Water Facilities Revolving Fund (§ 62.1-224 et seq.) available to local governments to fund their share of the cost of designing and installing nutrient removal technology based on financial need and subject to availability of revolving loan funds, priority ranking, and revolving loan distribution criteria.\n\t\t\tIf, pursuant to § 10.1-1187.6, the State Water Control Board approves an alternative compliance method to technology-based concentration limitations in Virginia Pollutant Discharge Elimination System permits, the concentration limitations of the grant agreement shall be suspended subject to the terms of such approval. The cost of the design and installation of nutrient removal technology at publicly owned treatment works meeting the nutrient reductions of regulations, permits, or the Chesapeake Bay TMDL Watershed Implementation Plan and incurred prior to the execution of a grant agreement is eligible for reimbursement from the Fund if the grant is made pursuant to an executed agreement consistent with the provisions of this chapter.\n\t\t\tSubsequent to the implementation of any applicable regulations, permits, or the Chesapeake Bay TMDL Watershed Implementation Plan, the Director may authorize disbursements from the Fund for any water quality restoration, protection, and improvements related to point source pollution that are clearly demonstrated as likely to achieve measurable and specific water quality improvements, including cost effective technologies to reduce loads of total phosphorus, total nitrogen, or nitrogen-containing ammonia in order to meet the requirements of regulations associated with the reduction of ammonia that have not yet been adopted and that are more stringent than regulations adopted by the State Water Control Board as of January 1, 2018. Notwithstanding any provision of this subsection, the Director may, at any time, authorize grants, including grants to institutions of higher education, for technical assistance related to nutrient reduction.\n\t\t\tNotwithstanding any other provision of this chapter, the Director may at any time authorize grants for the design and installation of wastewater conveyance infrastructure that (a) diverts wastewater from one publicly owned treatment works that is eligible for grant funding under this chapter to another publicly owned treatment works that also is eligible for such funding; (b) diverts wastewater to a receiving treatment works that is capable of achieving compliance with its nutrient reduction or ammonia control discharge requirements and results in a net reduction in total phosphorus, total nitrogen, or nitrogen-containing ammonia discharges; and (c) results in a Water Quality Improvement Grant expense being incurred by the Department that is the same as or lower than the grant expense the Department would incur in funding design and installation of eligible nutrient removal or other applicable treatment technology at such treatment works that would have treated the wastewater in the absence of the diversion project.D\n\nThe grant percentage provided for financing the costs of the design and installation of nutrient removal technology at publicly owned treatment works shall be based upon the financial need of the community as determined by comparing the annual sewer charges expended within the service area to the reasonable sewer cost established for the community.E\n\nGrants shall be awarded in the following manner:1\n\nIn communities for which the ratio of annual sewer charges to reasonable sewer cost is less than 0.30, the Director shall authorize grants in the amount of 35 percent of the costs of the design and installation of nutrient removal technology;2\n\nIn communities for which the ratio of annual sewer charges to reasonable sewer cost is equal to or greater than 0.30 and less than 0.50, the Director shall authorize grants in the amount of 45 percent of the costs of the design and installation of nutrient removal technology;3\n\nIn communities for which the ratio of annual sewer charges to reasonable sewer cost is equal to or greater than 0.50 and less than 0.80, the Director shall authorize grants in the amount of 60 percent of the costs of design and installation of nutrient removal technology; and4\n\nIn communities for which the ratio of annual sewer charges to reasonable sewer cost is equal to or greater than 0.80, the Director shall authorize grants in the amount of 75 percent of the costs of the design and installation of nutrient removal technology.","order_by":null,"text":{"0":{"id":291482,"text":"The Department of Environmental Quality (the Department) shall be the lead state agency for determining the appropriateness of any grant related to point source pollution to be made from the Fund to restore, protect, or improve state water quality.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":291483,"text":"The Director of the Department (the Director) shall, subject to available funds and in coordination with the Director of the Department of Conservation and Recreation, direct the State Treasurer to make Water Quality Improvement Grants in accordance with the guidelines established pursuant to § 10.1-2129. The Director shall enter into grant agreements with all facilities designated as significant dischargers or eligible nonsignificant dischargers that apply for grants; however, all such grant agreements shall contain provisions that payments thereunder are subject to the availability of funds.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":291484,"text":"Notwithstanding the priority provisions of § 10.1-2129, the Director shall not authorize the distribution of grants from the Fund for purposes other than financing the cost of design and installation of nutrient removal technology at publicly owned treatment works in the Chesapeake Bay watershed until such time as nutrient reductions of regulations, permits, or the Chesapeake Bay TMDL Watershed Implementation Plan are satisfied, unless he finds that there exists in the Fund sufficient funds for substantial and continuing progress in implementation of the reductions established in accordance with regulations, permits, or the Chesapeake Bay TMDL Watershed Implementation Plan within the Chesapeake Bay watershed.\n\t\t\tIn addition to the provisions of § 10.1-2130, all grant agreements related to nutrients shall include: (i) numerical technology-based effluent concentration limitations on nutrient discharges to state waters based upon the technology installed by the facility; (ii) enforceable provisions related to the maintenance of the numerical concentrations that will allow for exceedances of 0.8 mg\/L for total nitrogen or no more than 10 percent, whichever is greater, for exceedances of 0.1 mg\/L for total phosphorus or no more than 10%, and for exceedances caused by extraordinary conditions; and (iii) recognition of the authority of the Commonwealth to make the Virginia Water Facilities Revolving Fund (§ 62.1-224 et seq.) available to local governments to fund their share of the cost of designing and installing nutrient removal technology based on financial need and subject to availability of revolving loan funds, priority ranking, and revolving loan distribution criteria.\n\t\t\tIf, pursuant to § 10.1-1187.6, the State Water Control Board approves an alternative compliance method to technology-based concentration limitations in Virginia Pollutant Discharge Elimination System permits, the concentration limitations of the grant agreement shall be suspended subject to the terms of such approval. The cost of the design and installation of nutrient removal technology at publicly owned treatment works meeting the nutrient reductions of regulations, permits, or the Chesapeake Bay TMDL Watershed Implementation Plan and incurred prior to the execution of a grant agreement is eligible for reimbursement from the Fund if the grant is made pursuant to an executed agreement consistent with the provisions of this chapter.\n\t\t\tSubsequent to the implementation of any applicable regulations, permits, or the Chesapeake Bay TMDL Watershed Implementation Plan, the Director may authorize disbursements from the Fund for any water quality restoration, protection, and improvements related to point source pollution that are clearly demonstrated as likely to achieve measurable and specific water quality improvements, including cost effective technologies to reduce loads of total phosphorus, total nitrogen, or nitrogen-containing ammonia in order to meet the requirements of regulations associated with the reduction of ammonia that have not yet been adopted and that are more stringent than regulations adopted by the State Water Control Board as of January 1, 2018. Notwithstanding any provision of this subsection, the Director may, at any time, authorize grants, including grants to institutions of higher education, for technical assistance related to nutrient reduction.\n\t\t\tNotwithstanding any other provision of this chapter, the Director may at any time authorize grants for the design and installation of wastewater conveyance infrastructure that (a) diverts wastewater from one publicly owned treatment works that is eligible for grant funding under this chapter to another publicly owned treatment works that also is eligible for such funding; (b) diverts wastewater to a receiving treatment works that is capable of achieving compliance with its nutrient reduction or ammonia control discharge requirements and results in a net reduction in total phosphorus, total nitrogen, or nitrogen-containing ammonia discharges; and (c) results in a Water Quality Improvement Grant expense being incurred by the Department that is the same as or lower than the grant expense the Department would incur in funding design and installation of eligible nutrient removal or other applicable treatment technology at such treatment works that would have treated the wastewater in the absence of the diversion project.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":291485,"text":"The grant percentage provided for financing the costs of the design and installation of nutrient removal technology at publicly owned treatment works shall be based upon the financial need of the community as determined by comparing the annual sewer charges expended within the service area to the reasonable sewer cost established for the community.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":291486,"text":"Grants shall be awarded in the following manner:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"5":{"id":291487,"text":"In communities for which the ratio of annual sewer charges to reasonable sewer cost is less than 0.30, the Director shall authorize grants in the amount of 35 percent of the costs of the design and installation of nutrient removal technology;","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"6":{"id":291488,"text":"In communities for which the ratio of annual sewer charges to reasonable sewer cost is equal to or greater than 0.30 and less than 0.50, the Director shall authorize grants in the amount of 45 percent of the costs of the design and installation of nutrient removal technology;","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"7":{"id":291489,"text":"In communities for which the ratio of annual sewer charges to reasonable sewer cost is equal to or greater than 0.50 and less than 0.80, the Director shall authorize grants in the amount of 60 percent of the costs of design and installation of nutrient removal technology; and","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"E4"},"8":{"id":291490,"text":"In communities for which the ratio of annual sewer charges to reasonable sewer cost is equal to or greater than 0.80, the Director shall authorize grants in the amount of 75 percent of the costs of the design and installation of nutrient removal technology.","type":"section","prefixes":["E","4"],"prefix":"4","entire_prefix":"E4","prefix_anchor":"E4","level":2,"prior_prefix":"E3"}},"ancestry":[{"id":15254,"edition_id":1,"name":"Virginia Water Quality Improvement Fund","identifier":"4","label":"article","depth":4,"order_by":1,"parent_id":14173,"metadata":{},"date_created":"2026-06-26 03:53:22","date_modified":"2026-06-26 03:53:22","permalink":{"id":146855,"object_type":"structure","relational_id":15254,"identifier":"4","token":"10.1\/II\/21.1\/4","url":"\/10.1\/II\/21.1\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14173,"edition_id":1,"name":"Virginia Water Quality Improvement Act of 1997","identifier":"21.1","label":"chapter","depth":3,"order_by":1,"parent_id":12741,"metadata":{},"date_created":"2026-06-26 03:47:08","date_modified":"2026-06-26 03:47:08","permalink":{"id":146803,"object_type":"structure","relational_id":14173,"identifier":"21.1","token":"10.1\/II\/21.1","url":"\/10.1\/II\/21.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12741,"edition_id":1,"name":"Activities Administered by Other Entities","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12740,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":144833,"object_type":"structure","relational_id":12741,"identifier":"II","token":"10.1\/II","url":"\/10.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12740,"edition_id":1,"name":"Conservation","identifier":"10.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":143313,"object_type":"structure","relational_id":12740,"identifier":"10.1","token":"10.1","url":"\/10.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":59595,"structure_id":15254,"section_number":"10.1-2127.1","catch_line":"Definitions","url":"\/10.1-2127.1\/","token":"10.1\/II\/21.1\/4\/10.1-2127.1","metadata":false},{"id":84120,"structure_id":15254,"section_number":"10.1-2128","catch_line":"Virginia Water Quality Improvement Fund established; purposes","url":"\/10.1-2128\/","token":"10.1\/II\/21.1\/4\/10.1-2128","metadata":false},{"id":59887,"structure_id":15254,"section_number":"10.1-2128.1","catch_line":"Virginia Natural Resources Commitment Fund established","url":"\/10.1-2128.1\/","token":"10.1\/II\/21.1\/4\/10.1-2128.1","metadata":false},{"id":77386,"structure_id":15254,"section_number":"10.1-2128.2","catch_line":"Nutrient Offset Fund; purposes","url":"\/10.1-2128.2\/","token":"10.1\/II\/21.1\/4\/10.1-2128.2","metadata":false},{"id":63909,"structure_id":15254,"section_number":"10.1-2129","catch_line":"Agency coordination; conditions of grants","url":"\/10.1-2129\/","token":"10.1\/II\/21.1\/4\/10.1-2129","metadata":false},{"id":81192,"structure_id":15254,"section_number":"10.1-2130","catch_line":"General provisions related to grants from the Fund","url":"\/10.1-2130\/","token":"10.1\/II\/21.1\/4\/10.1-2130","metadata":false},{"id":81333,"structure_id":15254,"section_number":"10.1-2131","catch_line":"Point source pollution funding; conditions for approval","url":"\/10.1-2131\/","token":"10.1\/II\/21.1\/4\/10.1-2131","metadata":false},{"id":58075,"structure_id":15254,"section_number":"10.1-2132","catch_line":"Nonpoint source pollution funding; conditions for approval","url":"\/10.1-2132\/","token":"10.1\/II\/21.1\/4\/10.1-2132","metadata":false},{"id":67667,"structure_id":15254,"section_number":"10.1-2133","catch_line":"Annual report by State Comptroller","url":"\/10.1-2133\/","token":"10.1\/II\/21.1\/4\/10.1-2133","metadata":false},{"id":64860,"structure_id":15254,"section_number":"10.1-2134","catch_line":"Annual report by Directors of the Departments of Environmental Quality and Conservation and Recreation","url":"\/10.1-2134\/","token":"10.1\/II\/21.1\/4\/10.1-2134","metadata":false},{"id":65533,"structure_id":15254,"section_number":"10.1-2134.1","catch_line":"Water Quality Improvement Fund; estimate of requests","url":"\/10.1-2134.1\/","token":"10.1\/II\/21.1\/4\/10.1-2134.1","metadata":false}],"previous_section":{"id":81192,"structure_id":15254,"section_number":"10.1-2130","catch_line":"General provisions related to grants from the Fund","url":"\/10.1-2130\/","token":"10.1\/II\/21.1\/4\/10.1-2130","metadata":false},"next_section":{"id":58075,"structure_id":15254,"section_number":"10.1-2132","catch_line":"Nonpoint source pollution funding; conditions for approval","url":"\/10.1-2132\/","token":"10.1\/II\/21.1\/4\/10.1-2132","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-2131\/","history_text":"

This law was first created in 1997. The record of its establishment is cataloged in chapters 21<\/a>, 625<\/a>, and 626<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1999, chapters 257<\/a> and 509<\/a>; in 2005, chapters 704<\/a>, 707<\/a>, and 709<\/a>; in 2006, chapter 236<\/a>; in 2015, chapter 164<\/a>; in 2018, chapters 609<\/a> and 610<\/a>; in 2019, chapter 533<\/a>.<\/p>","references":[{"id":82526,"section_number":"10.1-1186.01","catch_line":"Reimbursements to localities for upgrades to treatment works","order_by":null,"url":"\/10.1-1186.01\/"},{"id":85346,"section_number":"10.1-2121","catch_line":"Cooperative point source pollution program","order_by":null,"url":"\/10.1-2121\/"},{"id":63909,"section_number":"10.1-2129","catch_line":"Agency coordination; conditions of grants","order_by":null,"url":"\/10.1-2129\/"},{"id":69943,"section_number":"62.1-44.15:1","catch_line":"Limitation on power to require construction of sewerage systems or sewage or other waste treatment works; ammonia criteria","order_by":null,"url":"\/62.1-44.15_1\/"}],"refers_to":[{"id":54524,"section_number":"10.1-1187.6","catch_line":"Approval of alternate compliance methods","order_by":null,"url":"\/10.1-1187.6\/"},{"id":63909,"section_number":"10.1-2129","catch_line":"Agency coordination; conditions of grants","order_by":null,"url":"\/10.1-2129\/"},{"id":81192,"section_number":"10.1-2130","catch_line":"General provisions related to grants from the Fund","order_by":null,"url":"\/10.1-2130\/"},{"id":67684,"section_number":"62.1-224","catch_line":"Definitions","order_by":null,"url":"\/62.1-224\/"}],"permalink":{"id":146881,"object_type":"law","relational_id":81333,"identifier":"10.1-2131","token":"10.1\/II\/21.1\/4\/10.1-2131","url":"\/10.1-2131\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-2131\/","token":"10.1\/II\/21.1\/4\/10.1-2131","dublin_core":{"Title":"Point source pollution funding; conditions for approval","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-2131","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Department of Environmental Quality (the Department) shall be the lead state agency for determining the appropriateness of any grant related to point source pollution<\/span> to be made from the Fund<\/span> to restore, protect, or improve state water quality. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Director of the Department (the Director) shall, subject to available funds<\/span> and in coordination with the Director of the Department of Conservation and Recreation, direct the State Treasurer to make Water Quality Improvement Grants<\/span> in accordance with the guidelines established pursuant to § 10.1-2129<\/a>. The Director shall enter into grant agreements with all facilities designated as significant dischargers<\/span> or eligible nonsignificant dischargers<\/span> that apply for grants; however, all such grant agreements shall contain provisions that payments thereunder are subject to the availability of funds<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notwithstanding the priority provisions of § 10.1-2129<\/a>, the Director shall not authorize the distribution of grants from the Fund<\/span> for purposes other than financing the cost of design and installation of nutrient removal technology<\/span> at publicly owned treatment works<\/span> in the Chesapeake Bay watershed until such time as nutrient reductions of regulations, permits, or the Chesapeake Bay TMDL Watershed Implementation Plan are satisfied, unless he finds that there exists in the Fund<\/span> sufficient funds<\/span> for substantial and continuing progress in implementation of the reductions established in accordance with regulations, permits, or the Chesapeake Bay TMDL Watershed Implementation Plan within the Chesapeake Bay watershed.\n\t\t\tIn addition to the provisions of § 10.1-2130<\/a>, all grant agreements related to nutrients shall include: (i) numerical technology-based effluent concentration limitations on nutrient discharges to state waters<\/span> based upon the technology installed by the facility; (ii) enforceable provisions related to the maintenance of the numerical concentrations that will allow for exceedances of 0.8 mg\/L for total nitrogen or no more than 10 percent, whichever is greater, for exceedances of 0.1 mg\/L for total phosphorus or no more than 10%, and for exceedances caused by extraordinary conditions; and (iii) recognition of the authority of the Commonwealth to make the Virginia Water Facilities Revolving Fund<\/span> (§ 62.1-224<\/a> et seq.) available to local governments<\/span> to fund<\/span> their share of the cost of designing and installing nutrient removal technology<\/span> based on financial need and subject to availability of revolving loan funds<\/span>, priority ranking, and revolving loan distribution criteria.\n\t\t\tIf, pursuant to § 10.1-1187.6<\/a>, the State Water Control Board approves an alternative compliance method to technology-based concentration limitations in Virginia Pollutant Discharge Elimination System permits, the concentration limitations of the grant agreement shall be suspended subject to the terms of such approval. The cost of the design and installation of nutrient removal technology<\/span> at publicly owned treatment works<\/span> meeting the nutrient reductions of regulations, permits, or the Chesapeake Bay TMDL Watershed Implementation Plan and incurred prior to the execution of a grant agreement is eligible for reimbursement from the Fund<\/span> if the grant is made pursuant to an executed agreement consistent with the provisions of this chapter.\n\t\t\tSubsequent to the implementation of any applicable regulations, permits, or the Chesapeake Bay TMDL Watershed Implementation Plan, the Director may authorize disbursements from the Fund<\/span> for any water quality restoration, protection, and improvements related to point source pollution<\/span> that are clearly demonstrated as likely to achieve measurable and specific water quality improvements, including cost effective technologies to reduce loads of total phosphorus, total nitrogen, or nitrogen-containing ammonia in order<\/span> to meet the requirements of regulations associated with the reduction of ammonia that have not yet been adopted and that are more stringent than regulations adopted by the State Water Control Board as of January 1, 2018. Notwithstanding any provision of this subsection, the Director may, at any time, authorize grants, including grants to institutions of higher education<\/span>, for technical assistance related to nutrient reduction.\n\t\t\tNotwithstanding any other provision of this chapter, the Director may at any time authorize grants for the design and installation of wastewater conveyance infrastructure that (a) diverts wastewater from one publicly owned treatment works<\/span> that is eligible for grant funding under this chapter to another publicly owned treatment works<\/span> that also is eligible for such funding; (b) diverts wastewater to a receiving treatment works that is capable of achieving compliance with its nutrient reduction or ammonia control discharge requirements and results in a net reduction in total phosphorus, total nitrogen, or nitrogen-containing ammonia discharges; and (c) results in a Water Quality Improvement Grant expense being incurred by the Department that is the same as or lower than the grant expense the Department would incur in funding design and installation of eligible nutrient removal or other applicable treatment technology at such treatment works that would have treated the wastewater in the absence of the diversion<\/span> project. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The grant percentage provided for financing the costs of the design and installation of nutrient removal technology<\/span> at publicly owned treatment works<\/span> shall be based upon the financial need of the community as determined by comparing the annual sewer charges expended within the service area to the reasonable sewer cost established for the community. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Grants shall be awarded in the following manner: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> In communities for which the ratio of annual sewer charges to reasonable sewer cost is less than 0.30, the Director shall authorize grants in the amount of 35 percent of the costs of the design and installation of nutrient removal technology<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> In communities for which the ratio of annual sewer charges to reasonable sewer cost is equal to or greater than 0.30 and less than 0.50, the Director shall authorize grants in the amount of 45 percent of the costs of the design and installation of nutrient removal technology<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> In communities for which the ratio of annual sewer charges to reasonable sewer cost is equal to or greater than 0.50 and less than 0.80, the Director shall authorize grants in the amount of 60 percent of the costs of design and installation of nutrient removal technology<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> In communities for which the ratio of annual sewer charges to reasonable sewer cost is equal to or greater than 0.80, the Director shall authorize grants in the amount of 75 percent of the costs of the design and installation of nutrient removal technology<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOINT SOURCE POLLUTION FUNDING; CONDITIONS FOR APPROVAL (\u00a7 10.1-2131)\n\nA. The Department of Environmental Quality (the Department) shall be the lead\nstate agency for determining the appropriateness of any grant related to point\nsource pollution to be made from the Fund to restore, protect, or improve state\nwater quality.\n\nB. The Director of the Department (the Director) shall, subject to available\nfunds and in coordination with the Director of the Department of Conservation\nand Recreation, direct the State Treasurer to make Water Quality Improvement\nGrants in accordance with the guidelines established pursuant to §\n10.1-2129. The Director shall enter into grant agreements with all facilities\ndesignated as significant dischargers or eligible nonsignificant dischargers\nthat apply for grants; however, all such grant agreements shall contain\nprovisions that payments thereunder are subject to the availability of funds.\n\nC. Notwithstanding the priority provisions of § 10.1-2129, the Director\nshall not authorize the distribution of grants from the Fund for purposes other\nthan financing the cost of design and installation of nutrient removal\ntechnology at publicly owned treatment works in the Chesapeake Bay watershed\nuntil such time as nutrient reductions of regulations, permits, or the\nChesapeake Bay TMDL Watershed Implementation Plan are satisfied, unless he finds\nthat there exists in the Fund sufficient funds for substantial and continuing\nprogress in implementation of the reductions established in accordance with\nregulations, permits, or the Chesapeake Bay TMDL Watershed Implementation Plan\nwithin the Chesapeake Bay watershed.\n\t\t\tIn addition to the provisions of § 10.1-2130, all grant agreements\nrelated to nutrients shall include: (i) numerical technology-based effluent\nconcentration limitations on nutrient discharges to state waters based upon the\ntechnology installed by the facility; (ii) enforceable provisions related to the\nmaintenance of the numerical concentrations that will allow for exceedances of\n0.8 mg\/L for total nitrogen or no more than 10 percent, whichever is greater,\nfor exceedances of 0.1 mg\/L for total phosphorus or no more than 10%, and for\nexceedances caused by extraordinary conditions; and (iii) recognition of the\nauthority of the Commonwealth to make the Virginia Water Facilities Revolving\nFund (§ 62.1-224 et seq.) available to local governments to fund their\nshare of the cost of designing and installing nutrient removal technology based\non financial need and subject to availability of revolving loan funds, priority\nranking, and revolving loan distribution criteria.\n\t\t\tIf, pursuant to § 10.1-1187.6, the State Water Control Board approves an\nalternative compliance method to technology-based concentration limitations in\nVirginia Pollutant Discharge Elimination System permits, the concentration\nlimitations of the grant agreement shall be suspended subject to the terms of\nsuch approval. The cost of the design and installation of nutrient removal\ntechnology at publicly owned treatment works meeting the nutrient reductions of\nregulations, permits, or the Chesapeake Bay TMDL Watershed Implementation Plan\nand incurred prior to the execution of a grant agreement is eligible for\nreimbursement from the Fund if the grant is made pursuant to an executed\nagreement consistent with the provisions of this chapter.\n\t\t\tSubsequent to the implementation of any applicable regulations, permits, or\nthe Chesapeake Bay TMDL Watershed Implementation Plan, the Director may\nauthorize disbursements from the Fund for any water quality restoration,\nprotection, and improvements related to point source pollution that are clearly\ndemonstrated as likely to achieve measurable and specific water quality\nimprovements, including cost effective technologies to reduce loads of total\nphosphorus, total nitrogen, or nitrogen-containing ammonia in order to meet the\nrequirements of regulations associated with the reduction of ammonia that have\nnot yet been adopted and that are more stringent than regulations adopted by the\nState Water Control Board as of January 1, 2018. Notwithstanding any provision\nof this subsection, the Director may, at any time, authorize grants, including\ngrants to institutions of higher education, for technical assistance related to\nnutrient reduction.\n\t\t\tNotwithstanding any other provision of this chapter, the Director may at any\ntime authorize grants for the design and installation of wastewater conveyance\ninfrastructure that (a) diverts wastewater from one publicly owned treatment\nworks that is eligible for grant funding under this chapter to another publicly\nowned treatment works that also is eligible for such funding; (b) diverts\nwastewater to a receiving treatment works that is capable of achieving\ncompliance with its nutrient reduction or ammonia control discharge requirements\nand results in a net reduction in total phosphorus, total nitrogen, or\nnitrogen-containing ammonia discharges; and (c) results in a Water Quality\nImprovement Grant expense being incurred by the Department that is the same as\nor lower than the grant expense the Department would incur in funding design and\ninstallation of eligible nutrient removal or other applicable treatment\ntechnology at such treatment works that would have treated the wastewater in the\nabsence of the diversion project.\n\nD. The grant percentage provided for financing the costs of the design and\ninstallation of nutrient removal technology at publicly owned treatment works\nshall be based upon the financial need of the community as determined by\ncomparing the annual sewer charges expended within the service area to the\nreasonable sewer cost established for the community.\n\nE. Grants shall be awarded in the following manner:\n\n 1. In communities for which the ratio of annual sewer charges to reasonable\n sewer cost is less than 0.30, the Director shall authorize grants in the\n amount of 35 percent of the costs of the design and installation of nutrient\n removal technology;\n\n 2. In communities for which the ratio of annual sewer charges to reasonable\n sewer cost is equal to or greater than 0.30 and less than 0.50, the Director\n shall authorize grants in the amount of 45 percent of the costs of the design\n and installation of nutrient removal technology;\n\n 3. In communities for which the ratio of annual sewer charges to reasonable\n sewer cost is equal to or greater than 0.50 and less than 0.80, the Director\n shall authorize grants in the amount of 60 percent of the costs of design and\n installation of nutrient removal technology; and\n\n 4. In communities for which the ratio of annual sewer charges to reasonable\n sewer cost is equal to or greater than 0.80, the Director shall authorize\n grants in the amount of 75 percent of the costs of the design and installation\n of nutrient removal technology.\n\nHISTORY: 1997, cc. 21, 625, 626; 1999, cc. 257, 509; 2005, cc. 704, 707, 709;\n2006, c. 236; 2015, c. 164; 2018, cc. 609, 610; 2019, c. 533.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}