                                 CODE OF VIRGINIA

LIMITATION ON POWER TO REQUIRE CONSTRUCTION OF SEWERAGE SYSTEMS OR SEWAGE OR
OTHER WASTE TREATMENT WORKS; AMMONIA CRITERIA (§ 62.1-44.15:1)

A. 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.
			The 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. 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.

C. 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.

HISTORY: 1971, Ex. Sess., cc. 197, 245; 1973, c. 179; 1975, c. 279; 1981, c.
262; 2018, cc. 510, 511.