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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>81333</law_id><section_number>10.1-2131</section_number><catch_line>Point source pollution funding; conditions for approval</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>10.1-1186.01</reference><reference>10.1-2121</reference><reference>10.1-2129</reference><reference>62.1-44.15:1</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="10.1">Conservation</unit><unit label="subtitle" level="2" order_by="1" identifier="II">Activities Administered by Other Entities</unit><unit label="chapter" level="3" order_by="1" identifier="21.1">Virginia Water Quality Improvement Act of 1997</unit><unit label="article" level="4" order_by="1" identifier="4">Virginia Water Quality Improvement Fund</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> The Department of Environmental Quality (the Department) shall be the lead state agency for determining the appropriateness of any grant related to <span class="dictionary">point source pollution</span> to be made from the <span class="dictionary">Fund</span> to restore, protect, or improve state water quality. <a id="paragraph-291482" class="section-permalink" href="https://vacode.org/10.1-2131/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> The Director of the Department (the Director) shall, subject to available <span class="dictionary">funds</span> and in coordination with the Director of the Department of Conservation and Recreation, direct the State Treasurer to make <span class="dictionary">Water Quality Improvement Grants</span> in accordance with the guidelines established pursuant to &#xA7; <a class="law" title="Agency coordination; conditions of grants" href="/10.1-2129/">10.1-2129</a>. The Director shall enter into grant agreements with all facilities designated as <span class="dictionary">significant dischargers</span> or <span class="dictionary">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 <span class="dictionary">funds</span>. <a id="paragraph-291483" class="section-permalink" href="https://vacode.org/10.1-2131/#B"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> Notwithstanding the priority provisions of &#xA7; <a class="law" title="Agency coordination; conditions of grants" href="/10.1-2129/">10.1-2129</a>, the Director shall not authorize the distribution of grants from the <span class="dictionary">Fund</span> for purposes other than financing the cost of design and installation of <span class="dictionary">nutrient removal technology</span> at <span class="dictionary">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 <span class="dictionary">Fund</span> sufficient <span class="dictionary">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.
			In addition to the provisions of &#xA7; <a class="law" title="General provisions related to grants from the Fund" href="/10.1-2130/">10.1-2130</a>, all grant agreements related to nutrients shall include: (i) numerical technology-based effluent concentration limitations on nutrient discharges to <span class="dictionary">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 <span class="dictionary">Fund</span> (&#xA7; <a class="law" title="Definitions" href="/62.1-224/">62.1-224</a> et seq.) available to <span class="dictionary">local governments</span> to <span class="dictionary">fund</span> their share of the cost of designing and installing <span class="dictionary">nutrient removal technology</span> based on financial need and subject to availability of revolving loan <span class="dictionary">funds</span>, priority ranking, and revolving loan distribution criteria.
			If, pursuant to &#xA7; <a class="law" title="Approval of alternate compliance methods" href="/10.1-1187.6/">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 <span class="dictionary">nutrient removal technology</span> at <span class="dictionary">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 <span class="dictionary">Fund</span> if the grant is made pursuant to an executed agreement consistent with the provisions of this chapter.
			Subsequent to the implementation of any applicable regulations, permits, or the Chesapeake Bay TMDL Watershed Implementation Plan, the Director may authorize disbursements from the <span class="dictionary">Fund</span> for any water quality restoration, protection, and improvements related to <span class="dictionary">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 <span class="dictionary">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 <span class="dictionary">institutions of higher education</span>, for technical assistance related to nutrient reduction.
			Notwithstanding 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 <span class="dictionary">publicly owned treatment works</span> that is eligible for grant funding under this chapter to another <span class="dictionary">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 <span class="dictionary">diversion</span> project. <a id="paragraph-291484" class="section-permalink" href="https://vacode.org/10.1-2131/#C"><i class="fa fa-link"/></a></p></section>
						<section id="D"><p><span class="prefix-number">D.</span> The grant percentage provided for financing the costs of the design and installation of <span class="dictionary">nutrient removal technology</span> at <span class="dictionary">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. <a id="paragraph-291485" class="section-permalink" href="https://vacode.org/10.1-2131/#D"><i class="fa fa-link"/></a></p></section>
						<section id="E"><p><span class="prefix-number">E.</span> Grants shall be awarded in the following manner: <a id="paragraph-291486" class="section-permalink" href="https://vacode.org/10.1-2131/#E"><i class="fa fa-link"/></a></p></section>
						<section id="E1" class="indent-1"><p><span class="prefix-number">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 <span class="dictionary">nutrient removal technology</span>; <a id="paragraph-291487" class="section-permalink" href="https://vacode.org/10.1-2131/#E1"><i class="fa fa-link"/></a></p></section>
						<section id="E2" class="indent-1"><p><span class="prefix-number">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 <span class="dictionary">nutrient removal technology</span>; <a id="paragraph-291488" class="section-permalink" href="https://vacode.org/10.1-2131/#E2"><i class="fa fa-link"/></a></p></section>
						<section id="E3" class="indent-1"><p><span class="prefix-number">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 <span class="dictionary">nutrient removal technology</span>; and <a id="paragraph-291489" class="section-permalink" href="https://vacode.org/10.1-2131/#E3"><i class="fa fa-link"/></a></p></section>
						<section id="E4" class="indent-1"><p><span class="prefix-number">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 <span class="dictionary">nutrient removal technology</span>. <a id="paragraph-291490" class="section-permalink" href="https://vacode.org/10.1-2131/#E4"><i class="fa fa-link"/></a></p></section></text><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.</history><metadata></metadata></law>
