{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.15_1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.15_1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.15_1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.15_1.html"}],"law_id":69943,"edition_id":1,"section_id":69943,"structure_id":13015,"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","history":"1971, Ex. Sess., cc. 197, 245; 1973, c. 179; 1975, c. 279; 1981, c. 262; 2018, cc. 510, 511.","full_text":"A\n\nNothing contained in this chapter shall be construed to empower the Board to require the Commonwealth, or any political subdivision thereof, or any authority created under the provisions of &#xA7; 15.2-5102 or &#xA7;&#xA7; 15.2-5152 through 15.2-5158, to construct any sewerage system, sewage treatment works, or water treatment plant waste treatment works or system necessary to (i) upgrade the present level of treatment in existing systems or works to abate existing pollution of state waters or (ii) expand a system or works to accommodate additional growth, unless the Board shall have previously committed itself to provide financial assistance from federal and state funds equal to the maximum amount provided for under &#xA7; 8 or other applicable sections of the Federal Water Pollution Control Act, P.L. 84-660, as amended, or unless the Commonwealth or political subdivision or authority voluntarily agrees, or is directed by the Board with the concurrence of the Governor, to proceed with such construction, subject to reimbursement under &#xA7; 8 or other applicable sections of such federal act.\n\t\t\tThe foregoing restriction shall not apply to those cases where existing sewerage systems or sewage or other waste treatment works cease to perform in accordance with their approved certificate requirements.B\n\nNothing contained in this chapter shall be construed to empower the Board to require the Commonwealth, or any political subdivision thereof, to upgrade the level of treatment in any works to a level more stringent than that required by applicable provisions of the Federal Water Pollution Control Act, P.L. 84-660, as amended.C\n\nNothing contained in this chapter shall be construed to empower the Board to adopt the 2013 proposed Aquatic Life Ambient Water Quality Criteria for Ammonia of the U.S. Environmental Protection Agency unless the Board includes in such adoption a phased implementation program consistent with the federal Clean Water Act (33 U.S.C. &#xA7; 1251 et seq.) that includes (i) consideration of the relative priority of ammonia criteria and other water quality and water infrastructure needs of the local community, (ii) mechanisms to coordinate implementation timing with grant funding mechanisms pursuant to &#xA7; 10.1-2131 and other treatment facility expansion and upgrade plans, (iii) appropriate long-term compliance schedules for facilities or classes of facilities utilizing multiple permit cycles, and (iv) appropriate mechanisms to address affordability limitations and financial hardship situations remaining notwithstanding the other elements of the phased implementation program.","order_by":null,"text":{"0":{"id":252712,"text":"Nothing contained in this chapter shall be construed to empower the Board to require the Commonwealth, or any political subdivision thereof, or any authority created under the provisions of &#xA7; 15.2-5102 or &#xA7;&#xA7; 15.2-5152 through 15.2-5158, to construct any sewerage system, sewage treatment works, or water treatment plant waste treatment works or system necessary to (i) upgrade the present level of treatment in existing systems or works to abate existing pollution of state waters or (ii) expand a system or works to accommodate additional growth, unless the Board shall have previously committed itself to provide financial assistance from federal and state funds equal to the maximum amount provided for under &#xA7; 8 or other applicable sections of the Federal Water Pollution Control Act, P.L. 84-660, as amended, or unless the Commonwealth or political subdivision or authority voluntarily agrees, or is directed by the Board with the concurrence of the Governor, to proceed with such construction, subject to reimbursement under &#xA7; 8 or other applicable sections of such federal act.\n\t\t\tThe foregoing restriction shall not apply to those cases where existing sewerage systems or sewage or other waste treatment works cease to perform in accordance with their approved certificate requirements.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":252713,"text":"Nothing contained in this chapter shall be construed to empower the Board to require the Commonwealth, or any political subdivision thereof, to upgrade the level of treatment in any works to a level more stringent than that required by applicable provisions of the Federal Water Pollution Control Act, P.L. 84-660, as amended.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":252714,"text":"Nothing contained in this chapter shall be construed to empower the Board to adopt the 2013 proposed Aquatic Life Ambient Water Quality Criteria for Ammonia of the U.S. Environmental Protection Agency unless the Board includes in such adoption a phased implementation program consistent with the federal Clean Water Act (33 U.S.C. &#xA7; 1251 et seq.) that includes (i) consideration of the relative priority of ammonia criteria and other water quality and water infrastructure needs of the local community, (ii) mechanisms to coordinate implementation timing with grant funding mechanisms pursuant to &#xA7; 10.1-2131 and other treatment facility expansion and upgrade plans, (iii) appropriate long-term compliance schedules for facilities or classes of facilities utilizing multiple permit cycles, and (iv) appropriate mechanisms to address affordability limitations and financial hardship situations remaining notwithstanding the other elements of the phased implementation program.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13015,"edition_id":1,"name":"Control Board Generally","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":13014,"metadata":{},"date_created":"2026-06-26 03:44:08","date_modified":"2026-06-26 03:44:08","permalink":{"id":269343,"object_type":"structure","relational_id":13015,"identifier":"2","token":"62.1\/3.1\/2","url":"\/62.1\/3.1\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13014,"edition_id":1,"name":"State Water Control Law","identifier":"3.1","label":"chapter","depth":2,"order_by":1,"parent_id":12909,"metadata":{},"date_created":"2026-06-26 03:44:08","date_modified":"2026-06-26 03:44:08","permalink":{"id":269169,"object_type":"structure","relational_id":13014,"identifier":"3.1","token":"62.1\/3.1","url":"\/62.1\/3.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12909,"edition_id":1,"name":"Waters of the State, Ports and Harbors","identifier":"62.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:00","date_modified":"2026-06-26 03:44:00","permalink":{"id":268199,"object_type":"structure","relational_id":12909,"identifier":"62.1","token":"62.1","url":"\/62.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":69471,"structure_id":13015,"section_number":"62.1-44.10","catch_line":"Repealed","url":"\/62.1-44.10\/","token":"62.1\/3.1\/2\/62.1-44.10","metadata":false},{"id":63082,"structure_id":13015,"section_number":"62.1-44.11","catch_line":"Meetings","url":"\/62.1-44.11\/","token":"62.1\/3.1\/2\/62.1-44.11","metadata":false},{"id":57347,"structure_id":13015,"section_number":"62.1-44.12","catch_line":"Records of proceedings; special orders, standards, policies, rules and regulations","url":"\/62.1-44.12\/","token":"62.1\/3.1\/2\/62.1-44.12","metadata":false},{"id":55150,"structure_id":13015,"section_number":"62.1-44.13","catch_line":"Inspections and investigations, etc","url":"\/62.1-44.13\/","token":"62.1\/3.1\/2\/62.1-44.13","metadata":false},{"id":86378,"structure_id":13015,"section_number":"62.1-44.14","catch_line":"Chairman; Executive Director; employment of personnel; supervision; budget preparation","url":"\/62.1-44.14\/","token":"62.1\/3.1\/2\/62.1-44.14","metadata":false},{"id":56006,"structure_id":13015,"section_number":"62.1-44.15","catch_line":"Powers and duties; civil penalties","url":"\/62.1-44.15\/","token":"62.1\/3.1\/2\/62.1-44.15","metadata":false},{"id":79846,"structure_id":13015,"section_number":"62.1-44.15:01","catch_line":"Further duties of Board; localities particularly affected","url":"\/62.1-44.15_01\/","token":"62.1\/3.1\/2\/62.1-44.15_01","metadata":false},{"id":61408,"structure_id":13015,"section_number":"62.1-44.15:02","catch_line":"Repealed","url":"\/62.1-44.15_02\/","token":"62.1\/3.1\/2\/62.1-44.15_02","metadata":false},{"id":70198,"structure_id":13015,"section_number":"62.1-44.15:03","catch_line":"Disposal of fill; notice to locality","url":"\/62.1-44.15_03\/","token":"62.1\/3.1\/2\/62.1-44.15_03","metadata":false},{"id":69943,"structure_id":13015,"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","url":"\/62.1-44.15_1\/","token":"62.1\/3.1\/2\/62.1-44.15_1","metadata":false},{"id":61958,"structure_id":13015,"section_number":"62.1-44.15:1.1","catch_line":"Special orders; penalties","url":"\/62.1-44.15_1.1\/","token":"62.1\/3.1\/2\/62.1-44.15_1.1","metadata":false},{"id":54086,"structure_id":13015,"section_number":"62.1-44.15:1.2","catch_line":"Lake level contingency plans","url":"\/62.1-44.15_1.2\/","token":"62.1\/3.1\/2\/62.1-44.15_1.2","metadata":false},{"id":75644,"structure_id":13015,"section_number":"62.1-44.15:2","catch_line":"Extraordinary hardship program","url":"\/62.1-44.15_2\/","token":"62.1\/3.1\/2\/62.1-44.15_2","metadata":false},{"id":69161,"structure_id":13015,"section_number":"62.1-44.15:3","catch_line":"When application for permit considered complete","url":"\/62.1-44.15_3\/","token":"62.1\/3.1\/2\/62.1-44.15_3","metadata":false},{"id":81958,"structure_id":13015,"section_number":"62.1-44.15:4","catch_line":"Notification of local governments and property owners","url":"\/62.1-44.15_4\/","token":"62.1\/3.1\/2\/62.1-44.15_4","metadata":false},{"id":60658,"structure_id":13015,"section_number":"62.1-44.15:4.1","catch_line":"Listing and notice of confirmed oil releases and discharges","url":"\/62.1-44.15_4.1\/","token":"62.1\/3.1\/2\/62.1-44.15_4.1","metadata":false},{"id":60324,"structure_id":13015,"section_number":"62.1-44.15:5","catch_line":"Repealed","url":"\/62.1-44.15_5\/","token":"62.1\/3.1\/2\/62.1-44.15_5","metadata":false},{"id":54866,"structure_id":13015,"section_number":"62.1-44.15:5.01","catch_line":"Coordinated review of water resources projects","url":"\/62.1-44.15_5.01\/","token":"62.1\/3.1\/2\/62.1-44.15_5.01","metadata":false},{"id":85683,"structure_id":13015,"section_number":"62.1-44.15:5.02","catch_line":"Low-flow protections in Potomac River","url":"\/62.1-44.15_5.02\/","token":"62.1\/3.1\/2\/62.1-44.15_5.02","metadata":false},{"id":55185,"structure_id":13015,"section_number":"62.1-44.15:5.1","catch_line":"General permit for certain water quality improvement activities","url":"\/62.1-44.15_5.1\/","token":"62.1\/3.1\/2\/62.1-44.15_5.1","metadata":false},{"id":58730,"structure_id":13015,"section_number":"62.1-44.15:5.2","catch_line":"General permits for ready-mix concrete plant discharges","url":"\/62.1-44.15_5.2\/","token":"62.1\/3.1\/2\/62.1-44.15_5.2","metadata":false},{"id":62866,"structure_id":13015,"section_number":"62.1-44.15:5.3","catch_line":"Requirements to test for PFAS chemicals; publicly owned treatment works","url":"\/62.1-44.15_5.3\/","token":"62.1\/3.1\/2\/62.1-44.15_5.3","metadata":false},{"id":61087,"structure_id":13015,"section_number":"62.1-44.7","catch_line":"Board continued","url":"\/62.1-44.7\/","token":"62.1\/3.1\/2\/62.1-44.7","metadata":false},{"id":59377,"structure_id":13015,"section_number":"62.1-44.8","catch_line":"Number, appointment and terms of members","url":"\/62.1-44.8\/","token":"62.1\/3.1\/2\/62.1-44.8","metadata":false},{"id":65218,"structure_id":13015,"section_number":"62.1-44.9","catch_line":"Qualifications of members","url":"\/62.1-44.9\/","token":"62.1\/3.1\/2\/62.1-44.9","metadata":false}],"previous_section":{"id":70198,"structure_id":13015,"section_number":"62.1-44.15:03","catch_line":"Disposal of fill; notice to locality","url":"\/62.1-44.15_03\/","token":"62.1\/3.1\/2\/62.1-44.15_03","metadata":false},"next_section":{"id":61958,"structure_id":13015,"section_number":"62.1-44.15:1.1","catch_line":"Special orders; penalties","url":"\/62.1-44.15_1.1\/","token":"62.1\/3.1\/2\/62.1-44.15_1.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.15:1\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 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 1973, chapter 179; in 1975, chapter 279; in 1981, chapter 262; in 2018, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?181+ful+CHAP0510\">510<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?181+ful+CHAP0511\">511<\/a>.<\/p>","references":false,"refers_to":[{"id":81333,"section_number":"10.1-2131","catch_line":"Point source pollution funding; conditions for approval","order_by":null,"url":"\/10.1-2131\/"},{"id":79196,"section_number":"15.2-5102","catch_line":"One or more localities may create authority","order_by":null,"url":"\/15.2-5102\/"},{"id":85282,"section_number":"15.2-5152","catch_line":"Localities may consider petitions for creation of authority","order_by":null,"url":"\/15.2-5152\/"},{"id":72392,"section_number":"15.2-5158","catch_line":"Additional powers of community development authorities","order_by":null,"url":"\/15.2-5158\/"}],"permalink":{"id":269381,"object_type":"law","relational_id":69943,"identifier":"62.1-44.15:1","token":"62.1\/3.1\/2\/62.1-44.15_1","url":"\/62.1-44.15_1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.15_1\/","token":"62.1\/3.1\/2\/62.1-44.15_1","dublin_core":{"Title":"Limitation on power to require construction of sewerage systems or sewage or other waste treatment works; ammonia criteria","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.15:1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Nothing contained in this chapter shall be construed to empower the <span class=\"dictionary\">Board<\/span> to require the Commonwealth, or any political subdivision thereof, or any authority created under the provisions of &#xA7; <a class=\"law\" title=\"One or more localities may create authority\" href=\"\/15.2-5102\/\">15.2-5102<\/a> or &#xA7;&#xA7; <a class=\"law\" title=\"Localities may consider petitions for creation of authority\" href=\"\/15.2-5152\/\">15.2-5152<\/a> through <a class=\"law\" title=\"Additional powers of community development authorities\" href=\"\/15.2-5158\/\">15.2-5158<\/a>, to construct any <span class=\"dictionary\">sewerage system<\/span>, <span class=\"dictionary\">sewage treatment works<\/span>, or water treatment plant waste treatment works or system necessary to (i) upgrade the present level of treatment in existing systems or works to abate existing <span class=\"dictionary\">pollution<\/span> of <span class=\"dictionary\">state waters<\/span> or (ii) expand a system or works to accommodate additional growth, unless the <span class=\"dictionary\">Board<\/span> shall have previously committed itself to provide financial assistance from federal and state funds equal to the maximum amount provided for under &#xA7; 8 or other applicable sections of the Federal Water <span class=\"dictionary\">Pollution<\/span> Control Act, P.L. 84-660, as amended, or unless the Commonwealth or political subdivision or authority voluntarily agrees, or is directed by the <span class=\"dictionary\">Board<\/span> with the concurrence of the Governor, to proceed with such construction, subject to reimbursement under &#xA7; 8 or other applicable sections of such federal act.\n\t\t\tThe foregoing restriction shall not apply to those cases where existing <span class=\"dictionary\">sewerage systems<\/span> or sewage or other waste treatment works cease to perform in accordance with their approved <span class=\"dictionary\">certificate<\/span> requirements. <a id=\"paragraph-252712\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.15_1\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Nothing contained in this chapter shall be construed to empower the <span class=\"dictionary\">Board<\/span> to require the Commonwealth, or any political subdivision thereof, to upgrade the level of treatment in any works to a level more stringent than that required by applicable provisions of the Federal Water <span class=\"dictionary\">Pollution<\/span> Control Act, P.L. 84-660, as amended. <a id=\"paragraph-252713\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.15_1\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Nothing contained in this chapter shall be construed to empower the <span class=\"dictionary\">Board<\/span> to adopt the 2013 proposed Aquatic Life Ambient Water Quality Criteria for Ammonia of the U.S. Environmental Protection Agency unless the <span class=\"dictionary\">Board<\/span> includes in such adoption a phased implementation program consistent with the federal Clean Water Act (33 U.S.C. &#xA7; 1251 et seq.) that includes (i) consideration of the relative priority of ammonia criteria and other water quality and water infrastructure needs of the local community, (ii) mechanisms to coordinate implementation timing with grant funding mechanisms pursuant to &#xA7; <a class=\"law\" title=\"Point source pollution funding; conditions for approval\" href=\"\/10.1-2131\/\">10.1-2131<\/a> and other treatment facility expansion and upgrade plans, (iii) appropriate long-term compliance <span class=\"dictionary\">schedules<\/span> for facilities or classes of facilities utilizing multiple permit cycles, and (iv) appropriate mechanisms to address affordability limitations and financial hardship situations remaining notwithstanding the other elements of the phased implementation program. <a id=\"paragraph-252714\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.15_1\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nLIMITATION ON POWER TO REQUIRE CONSTRUCTION OF SEWERAGE SYSTEMS OR SEWAGE OR\nOTHER WASTE TREATMENT WORKS; AMMONIA CRITERIA (\u00a7 62.1-44.15:1)\n\nA. Nothing contained in this chapter shall be construed to empower the Board to\nrequire the Commonwealth, or any political subdivision thereof, or any authority\ncreated under the provisions of &#xA7; 15.2-5102 or &#xA7;&#xA7; 15.2-5152\nthrough 15.2-5158, to construct any sewerage system, sewage treatment works, or\nwater treatment plant waste treatment works or system necessary to (i) upgrade\nthe present level of treatment in existing systems or works to abate existing\npollution of state waters or (ii) expand a system or works to accommodate\nadditional growth, unless the Board shall have previously committed itself to\nprovide financial assistance from federal and state funds equal to the maximum\namount provided for under &#xA7; 8 or other applicable sections of the Federal\nWater Pollution Control Act, P.L. 84-660, as amended, or unless the Commonwealth\nor political subdivision or authority voluntarily agrees, or is directed by the\nBoard with the concurrence of the Governor, to proceed with such construction,\nsubject to reimbursement under &#xA7; 8 or other applicable sections of such\nfederal act.\n\t\t\tThe foregoing restriction shall not apply to those cases where existing\nsewerage systems or sewage or other waste treatment works cease to perform in\naccordance with their approved certificate requirements.\n\nB. Nothing contained in this chapter shall be construed to empower the Board to\nrequire the Commonwealth, or any political subdivision thereof, to upgrade the\nlevel of treatment in any works to a level more stringent than that required by\napplicable provisions of the Federal Water Pollution Control Act, P.L. 84-660,\nas amended.\n\nC. Nothing contained in this chapter shall be construed to empower the Board to\nadopt the 2013 proposed Aquatic Life Ambient Water Quality Criteria for Ammonia\nof the U.S. Environmental Protection Agency unless the Board includes in such\nadoption a phased implementation program consistent with the federal Clean Water\nAct (33 U.S.C. &#xA7; 1251 et seq.) that includes (i) consideration of the\nrelative priority of ammonia criteria and other water quality and water\ninfrastructure needs of the local community, (ii) mechanisms to coordinate\nimplementation timing with grant funding mechanisms pursuant to &#xA7; 10.1-2131\nand other treatment facility expansion and upgrade plans, (iii) appropriate\nlong-term compliance schedules for facilities or classes of facilities utilizing\nmultiple permit cycles, and (iv) appropriate mechanisms to address affordability\nlimitations and financial hardship situations remaining notwithstanding the\nother elements of the phased implementation program.\n\nHISTORY: 1971, Ex. Sess., cc. 197, 245; 1973, c. 179; 1975, c. 279; 1981, c.\n262; 2018, cc. 510, 511.","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}}