                                 CODE OF VIRGINIA

NONPOINT SOURCE POLLUTION WATER QUALITY ASSESSMENT (§ 10.1-2127)

A. The Department, in conjunction with other state agencies, shall evaluate and
report on the impacts of nonpoint source pollution on water quality and water
quality improvement to the Governor and the General Assembly. This evaluation
shall be incorporated into the &#xA7; 305(b) water quality report of the Clean
Water Act developed pursuant to &#xA7; 62.1-44.19:5. The evaluation shall at a
minimum include considerations of water quality standards, fishing bans,
shellfish contamination, aquatic life monitoring, sediment sampling, fish tissue
sampling and human health standards. The report shall be produced in accordance
with the schedule required by federal law, but shall incorporate at least the
preceding five years of data. Data older than five years shall be incorporated
when scientifically appropriate for trend analysis. The report shall, at a
minimum, include an assessment of the geographic regions where water quality is
demonstrated to be impaired or degraded as the result of nonpoint source
pollution and an evaluation of the basis or cause for such impairment or
degradation.

B. The Department and a county, city or town or any combination of counties,
cities and towns comprising all or part of any geographic region identified
pursuant to subsection A as contributing to the impairment or degradation of
state waters may develop a cooperative program to address identified nonpoint
source pollution impairment or degradation, including excess nutrients. The
program may include, in addition to other elements, a delineation of state and
local government responsibilities and duties and may provide for the
implementation of initiatives to address the causes of nonpoint source
pollution, including those related to excess nutrients. These initiatives may
include the modification, if necessary, of local government land use control
ordinances. All state agencies shall cooperate and provide assistance in
developing and implementing such programs.

C. The Department and a county, city or town or any combination of counties,
cities and towns comprising all or part of any geographic region not identified
pursuant to subsection A as contributing to the impairment or degradation of
state waters may develop a cooperative program to prevent nonpoint source
pollution impairment or degradation. The program may include, in addition to
other elements, a delineation of state and local government responsibilities and
duties and may provide for the implementation of initiatives to address the
nonpoint source pollution causes, including the modification, if necessary, of
local government land use control ordinances. All state agencies shall cooperate
and provide assistance in developing and implementing such programs.

D. The Department shall, on or before January 1 of each year, report to the
Governor and the General Assembly on whether cooperative nonpoint source
pollution programs, including nutrient reduction programs, developed pursuant to
this section are being effectively implemented to meet the objectives of this
article. This annual report may be incorporated as part of the report required
by &#xA7; 62.1-44.118.

HISTORY: 1997, cc. 21, 625, 626; 2003, c. 741; 2007, c. 637.