                                 CODE OF VIRGINIA

OCCOQUAN RESERVOIR PFAS REDUCTION PROGRAM (§ 62.1-44.34:34)

A. For purposes of this section, &#8220;PFAS&#8221; has the same meaning as in
&#xA7; 62.1-44.34:29.

B. The owner or operator of any facility, including facilities described in
&#xA7; 62.1-44.34:32, that (i) discharges industrial wastewater pursuant to an
industrial pretreatment program permit into the sewer collection system of a
major publicly owned treatment works that discharges into the Occoquan
Reservoir, the Occoquan River, Bull Run, or any of their tributaries above the
Occoquan Reservoir or (ii) discharges industrial wastewater or industrial
stormwater directly into the Occoquan Reservoir, the Occoquan River, Bull Run,
or any of their tributaries above the Occoquan Reservoir pursuant to an
individual VPDES permit issued by the Department shall monitor for PFAS using
EPA Method 1633 or an alternative method approved by the EPA beginning on or
before October 1, 2025.
			The owner or operator of any such facility shall perform representative
monitoring of its wastewater or stormwater discharges, as applicable, for PFAS
at least once every three months unless the Department authorizes the owner or
operator of a facility with proper monitoring results that are below the method
detection level for four consecutive quarters to reduce or discontinue
monitoring. The owner or operator of a facility shall make a good faith effort
to obtain the results of such monitoring from the laboratory within 45 days of
the sampling date or within the shortest practicable time thereafter. The owner
or operator of a facility shall report all results to the Department no later
than the tenth day of the next month after the month in which the result is
reported by the laboratory. This report shall include all such PFAS analytes
measured by the test method.

C. By July 1, 2027, for any facility that measures PFAS in its discharge that
exceeds the maximum contaminant level (MCL) for such PFAS in drinking water
promulgated on or before January 1, 2025, identified through the monitoring
required in subsection B, the Department, for an individual VPDES permit if the
facility discharges directly to surface waters, or a major publicly owned
treatment works, for an indirect discharger, shall modify the applicable
discharge permit to require that the facility&#8217;s discharge not exceed that
MCL. The permit shall provide a compliance schedule that requires compliance
with such level as soon as possible but no later than July 1, 2029; however, the
compliance schedule shall be extended beyond July 1, 2029, if the deadline to
comply with the MCL for PFAS in finished water for any public water system that
withdraws surface water from the Occoquan Reservoir is extended beyond July 1,
2029. If the MCL for such PFAS for drinking water is revised to a different,
higher allowed level, the revised higher level shall control for purposes of
this section.

D. Where the owner or operator of a facility subject to industrial wastewater
discharge PFAS limitations pursuant to subsection C demonstrates to the
Department&#8217;s satisfaction that the presence of PFAS in its water supply
may contribute to an exceedance, the Department shall establish an alternative
manner of calculating compliance with the limitation required by subsection C to
account for the presence of PFAS in its water supply not caused by the same
facility. The consideration or establishment of an alternative manner of
calculating compliance shall not delay the deadline for compliance specified in
subsection C.

E. The provisions of this section shall not apply to (i) any industrial
discharger except as specifically listed in subsection B, (ii) any publicly
owned treatment works or drinking water treatment plant, or (iii) a municipal
solid waste facility. Any public water system that withdraws surface water from
the Occoquan Reservoir to produce and distribute potable water to the general
public may rely on the level of control required by this section for the purpose
of its planning for compliance with the MCL for PFAS in finished water.

F. Nothing in this section shall be construed to limit the authority of the
Department or the owner or operator of any publicly owned treatment works to
which any user discharges wastewater to require monitoring or reporting or
otherwise regulate the discharge of any PFAS chemicals or other pollutants under
other applicable legal authority.

HISTORY: 2025, c. 650.