                                 CODE OF VIRGINIA

DEVELOPMENT OF AN IMPAIRED WATERS CLEAN-UP PLAN; STRATEGIES; OBJECTIVES (§
62.1-44.117)

A. The Secretary of Natural and Historic Resources shall develop a plan for the
cleanup of the Chesapeake Bay and Virginia&#8217;s waters designated as impaired
by the U.S. Environmental Protection Agency. The plan shall be revised and
amended as needed to reflect changes in strategies, timetables, and milestones.
Upon the request of the Secretary of Natural and Historic Resources, state
agencies shall participate in the development of the plan.

B. The plan shall address both point and nonpoint sources of pollution and shall
include, but not be limited to the following:

   1. Measurable and attainable objectives for cleaning up the Chesapeake Bay and
   other impaired Virginia waters;

   2. A description of the strategies to be implemented to meet specific and
   attainable objectives outlined in the plan;

   3. Time frames or phasing to accomplish plan objectives and the expected dates
   of completion;

   4. A clearly defined, prioritized, and sufficiently funded program of work
   within the plan both for point and nonpoint source clean-up projects;

   5. A disbursement projection plan detailing the expenditures for point and
   nonpoint projects and whenever possible, a listing of the specific projects to
   which the funds are to be allocated;

   6. Potential problem areas where delays in the implementation of the plan may
   occur;

   7. A risk mitigation strategy designed to reduce the potential problems that
   might delay plan implementation;

   8. A description of the extent of coordination between state and local
   governments in developing and achieving the plan&#8217;s objectives;

   9. Assessments of alternative funding mechanisms, that shall include but not
   be limited to the feasibility of utilizing the Virginia Resources Authority,
   that would address the needs of the Commonwealth to handle and appropriate
   state funds prudently and efficiently and address the needs of localities to
   achieve their goals in a timely and affordable manner; and

   10. Recommendations to the oversight committees, as defined in &#xA7;
   62.1-44.118, for legislative action.

C. In reporting and documenting progress being made in clean-up efforts to the
oversight committees, the plan shall include measures to assess the progress in
accomplishing the program of work outlined in the plan. Special emphasis shall
be given to the identification of trends that are either positively or
negatively impacting plan accomplishment. These shall include, but are not
limited to:

   1. Stream miles added and removed from the 303(d) list under the federal Clean
   Water Act; waters meeting water quality standards; and total reductions of
   nitrogen, phosphorus, and sediment by tributary basin from point and nonpoint
   sources of pollution;

   2. Scope of water quality monitoring of rivers, streams, estuaries, and lakes
   and the cumulative number of miles or acres assessed to evaluate the
   effectiveness of the efforts to restore impaired waters;

   3. Number of best management practices (BMP) implemented; participation level
   in BMP cost-share programs; number of Total Maximum Daily Loads developed and
   implemented; local compliance levels with nonpoint programs, such as erosion
   and sediment control, stormwater management, and the Chesapeake Bay
   Preservation Act; number of wastewater treatment upgrades underway and number
   completed; and levels of compliance with nutrient-based permit limits; and

   4. Updated or new strategies that would permit the optimal use of resources to
   meet plan objectives as the plan is revised over time.
   				For the purposes of this chapter &#8220;impaired waters&#8221; means those
   waters as defined in &#xA7; 62.1-44.19:4.

HISTORY: 2006, c. 204; 2021, Sp. Sess. I, c. 401.