{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.19_7.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.19_7.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.19_7.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.19_7.html"}],"law_id":76530,"edition_id":1,"section_id":76530,"structure_id":14229,"section_number":"62.1-44.19:7","catch_line":"Plans to address impaired waters","history":"1997, c. 519; 2006, c. 154; 2011, cc. 281, 322.","full_text":"A\n\nThe Board shall develop and implement a plan to achieve fully supporting status for impaired waters, except when the impairment is established as naturally occurring. The plan shall include the date of expected achievement of water quality objectives, measurable goals, the corrective actions necessary, and the associated costs, benefits, and environmental impact of addressing impairment and the expeditious development and implementation of total maximum daily loads when appropriate and as required pursuant to subsection C.B\n\nThe plan required by subsection A shall include, but not be limited to, the promulgation of water quality standards for those substances: (i) listed on the Chesapeake Bay Program’s “toxics of concern” list as of January 1, 1997; (ii) listed by the USEPA Administrator pursuant to § 307 (a) of the Clean Water Act; or (iii) identified by the Board as having a particularly adverse effect on state water quality or living resources. The standards shall be promulgated pursuant to a schedule established by the Board following public notice and comment. Standards shall be adopted according to applicable federal criteria or standards unless the Board determines that an additional or more stringent standard is necessary to protect public health, aquatic life or drinking water supplies.C\n\nThe plan required by subsection A shall, upon identification by the Board of impaired waters, establish a priority ranking for such waters, taking into account the severity of the pollution and the uses to be made of such waters. The Board shall develop and implement pursuant to a schedule total maximum daily loads of pollutants that may enter the water for each impaired water body as required by the Clean Water Act.D\n\nThe plan required by subsection A shall, upon identification by the Board of toxic-impaired waters, include provisions as required by § 62.1-44.19:8.E\n\nIf an aggrieved party presents to the Board reasonable grounds indicating that the attainment of the designated use for a water is not feasible, then the Board, after public notice and at least 30 days provided for public comment, may allow the aggrieved party to conduct a use attainability analysis according to criteria established pursuant to the Clean Water Act and a schedule established by the Board. If applicable, the schedule shall also address whether TMDL development or implementation for the water should be delayed.F\n\nThe plan required by subsection A shall be controlling unless and until amended or withdrawn by the Board.","order_by":null,"text":{"0":{"id":274744,"text":"The Board shall develop and implement a plan to achieve fully supporting status for impaired waters, except when the impairment is established as naturally occurring. The plan shall include the date of expected achievement of water quality objectives, measurable goals, the corrective actions necessary, and the associated costs, benefits, and environmental impact of addressing impairment and the expeditious development and implementation of total maximum daily loads when appropriate and as required pursuant to subsection C.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":274745,"text":"The plan required by subsection A shall include, but not be limited to, the promulgation of water quality standards for those substances: (i) listed on the Chesapeake Bay Program’s “toxics of concern” list as of January 1, 1997; (ii) listed by the USEPA Administrator pursuant to § 307 (a) of the Clean Water Act; or (iii) identified by the Board as having a particularly adverse effect on state water quality or living resources. The standards shall be promulgated pursuant to a schedule established by the Board following public notice and comment. Standards shall be adopted according to applicable federal criteria or standards unless the Board determines that an additional or more stringent standard is necessary to protect public health, aquatic life or drinking water supplies.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":274746,"text":"The plan required by subsection A shall, upon identification by the Board of impaired waters, establish a priority ranking for such waters, taking into account the severity of the pollution and the uses to be made of such waters. The Board shall develop and implement pursuant to a schedule total maximum daily loads of pollutants that may enter the water for each impaired water body as required by the Clean Water Act.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":274747,"text":"The plan required by subsection A shall, upon identification by the Board of toxic-impaired waters, include provisions as required by § 62.1-44.19:8.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":274748,"text":"If an aggrieved party presents to the Board reasonable grounds indicating that the attainment of the designated use for a water is not feasible, then the Board, after public notice and at least 30 days provided for public comment, may allow the aggrieved party to conduct a use attainability analysis according to criteria established pursuant to the Clean Water Act and a schedule established by the Board. If applicable, the schedule shall also address whether TMDL development or implementation for the water should be delayed.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":274749,"text":"The plan required by subsection A shall be controlling unless and until amended or withdrawn by the Board.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":14229,"edition_id":1,"name":"Water Quality Monitoring, Information and Restoration Act","identifier":"4.01","label":"article","depth":3,"order_by":1,"parent_id":13014,"metadata":{},"date_created":"2026-06-26 03:47:23","date_modified":"2026-06-26 03:47:23","permalink":{"id":269871,"object_type":"structure","relational_id":14229,"identifier":"4.01","token":"62.1\/3.1\/4.01","url":"\/62.1\/3.1\/4.01\/","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":55722,"structure_id":14229,"section_number":"62.1-44.19:10","catch_line":"Assessment of sources of toxic contamination","url":"\/62.1-44.19_10\/","token":"62.1\/3.1\/4.01\/62.1-44.19_10","metadata":false},{"id":55450,"structure_id":14229,"section_number":"62.1-44.19:11","catch_line":"Citizen water quality monitoring program","url":"\/62.1-44.19_11\/","token":"62.1\/3.1\/4.01\/62.1-44.19_11","metadata":false},{"id":79957,"structure_id":14229,"section_number":"62.1-44.19:4","catch_line":"Definitions","url":"\/62.1-44.19_4\/","token":"62.1\/3.1\/4.01\/62.1-44.19_4","metadata":false},{"id":67779,"structure_id":14229,"section_number":"62.1-44.19:5","catch_line":"Water quality monitoring and reporting","url":"\/62.1-44.19_5\/","token":"62.1\/3.1\/4.01\/62.1-44.19_5","metadata":false},{"id":87379,"structure_id":14229,"section_number":"62.1-44.19:6","catch_line":"Citizen right-to-know provisions","url":"\/62.1-44.19_6\/","token":"62.1\/3.1\/4.01\/62.1-44.19_6","metadata":false},{"id":76530,"structure_id":14229,"section_number":"62.1-44.19:7","catch_line":"Plans to address impaired waters","url":"\/62.1-44.19_7\/","token":"62.1\/3.1\/4.01\/62.1-44.19_7","metadata":false},{"id":68098,"structure_id":14229,"section_number":"62.1-44.19:8","catch_line":"Control of discharges to toxic-impaired water","url":"\/62.1-44.19_8\/","token":"62.1\/3.1\/4.01\/62.1-44.19_8","metadata":false},{"id":79928,"structure_id":14229,"section_number":"62.1-44.19:9","catch_line":"Transmission of toxics information","url":"\/62.1-44.19_9\/","token":"62.1\/3.1\/4.01\/62.1-44.19_9","metadata":false}],"previous_section":{"id":87379,"structure_id":14229,"section_number":"62.1-44.19:6","catch_line":"Citizen right-to-know provisions","url":"\/62.1-44.19_6\/","token":"62.1\/3.1\/4.01\/62.1-44.19_6","metadata":false},"next_section":{"id":68098,"structure_id":14229,"section_number":"62.1-44.19:8","catch_line":"Control of discharges to toxic-impaired water","url":"\/62.1-44.19_8\/","token":"62.1\/3.1\/4.01\/62.1-44.19_8","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.19:7\/","history_text":"

This law was first created in 1997. The record of its establishment is cataloged in chapter 519<\/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 2 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 2006, chapter 154<\/a>; in 2011, chapters 281<\/a> and 322<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":269893,"object_type":"law","relational_id":76530,"identifier":"62.1-44.19:7","token":"62.1\/3.1\/4.01\/62.1-44.19_7","url":"\/62.1-44.19_7\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.19_7\/","token":"62.1\/3.1\/4.01\/62.1-44.19_7","dublin_core":{"Title":"Plans to address impaired waters","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.19:7","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Board<\/span> shall develop and implement a plan to achieve fully supporting<\/span> status for impaired waters<\/span>, except when the impairment is established as naturally occurring. The plan shall include the date of expected achievement of water quality objectives, measurable goals, the corrective actions necessary, and the associated costs, benefits, and environmental impact of addressing impairment and the expeditious development and implementation of total maximum daily loads when appropriate and as required pursuant to subsection C. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The plan required by subsection A shall include, but not be limited to, the promulgation of water quality standards<\/span> for those substances: (i) listed on the Chesapeake Bay Program’s “toxics of concern<\/span>” list as of January 1, 1997; (ii) listed by the USEPA Administrator pursuant to § 307 (a) of the Clean Water Act<\/span>; or (iii) identified by the Board<\/span> as having a particularly adverse effect on state water quality or living resources. The standards<\/span> shall be promulgated pursuant to a schedule established by the Board<\/span> following public notice and comment. Standards<\/span> shall be adopted according to applicable federal criteria or standards<\/span> unless the Board<\/span> determines that an additional or more stringent standard is necessary to protect public health, aquatic life or drinking water supplies. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The plan required by subsection A shall, upon identification by the Board<\/span> of impaired waters<\/span>, establish a priority ranking for such waters, taking into account the severity of the pollution<\/span> and the uses to be made of such waters. The Board<\/span> shall develop and implement pursuant to a schedule total maximum daily loads of pollutants that may enter the water for each impaired water body as required by the Clean Water Act<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The plan required by subsection A shall, upon identification by the Board<\/span> of toxic-impaired waters<\/span>, include provisions as required by § 62.1-44.19:8<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If an aggrieved party<\/span> presents to the Board<\/span> reasonable grounds indicating that the attainment of the designated use for a water is not feasible, then the Board<\/span>, after public notice and at least 30 days provided for public comment, may allow the aggrieved party<\/span> to conduct a use attainability analysis according to criteria established pursuant to the Clean Water Act<\/span> and a schedule established by the Board<\/span>. If applicable, the schedule shall also address whether TMDL development or implementation for the water should be delayed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The plan required by subsection A shall be controlling unless and until amended or withdrawn by the Board<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPLANS TO ADDRESS IMPAIRED WATERS (\u00a7 62.1-44.19:7)\n\nA. The Board shall develop and implement a plan to achieve fully supporting\nstatus for impaired waters, except when the impairment is established as\nnaturally occurring. The plan shall include the date of expected achievement of\nwater quality objectives, measurable goals, the corrective actions necessary,\nand the associated costs, benefits, and environmental impact of addressing\nimpairment and the expeditious development and implementation of total maximum\ndaily loads when appropriate and as required pursuant to subsection C.\n\nB. The plan required by subsection A shall include, but not be limited to, the\npromulgation of water quality standards for those substances: (i) listed on the\nChesapeake Bay Program’s “toxics of concern” list as of\nJanuary 1, 1997; (ii) listed by the USEPA Administrator pursuant to § 307\n(a) of the Clean Water Act; or (iii) identified by the Board as having a\nparticularly adverse effect on state water quality or living resources. The\nstandards shall be promulgated pursuant to a schedule established by the Board\nfollowing public notice and comment. Standards shall be adopted according to\napplicable federal criteria or standards unless the Board determines that an\nadditional or more stringent standard is necessary to protect public health,\naquatic life or drinking water supplies.\n\nC. The plan required by subsection A shall, upon identification by the Board of\nimpaired waters, establish a priority ranking for such waters, taking into\naccount the severity of the pollution and the uses to be made of such waters.\nThe Board shall develop and implement pursuant to a schedule total maximum daily\nloads of pollutants that may enter the water for each impaired water body as\nrequired by the Clean Water Act.\n\nD. The plan required by subsection A shall, upon identification by the Board of\ntoxic-impaired waters, include provisions as required by § 62.1-44.19:8.\n\nE. If an aggrieved party presents to the Board reasonable grounds indicating\nthat the attainment of the designated use for a water is not feasible, then the\nBoard, after public notice and at least 30 days provided for public comment, may\nallow the aggrieved party to conduct a use attainability analysis according to\ncriteria established pursuant to the Clean Water Act and a schedule established\nby the Board. If applicable, the schedule shall also address whether TMDL\ndevelopment or implementation for the water should be delayed.\n\nF. The plan required by subsection A shall be controlling unless and until\namended or withdrawn by the Board.\n\nHISTORY: 1997, c. 519; 2006, c. 154; 2011, cc. 281, 322.","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}}