2019 Session

Budget Bill - HB1700 (Enrolled)

Department of Environmental Quality

Item 366

Item 366

First Year - FY2019Second Year - FY2020
Water Protection (51200)$44,039,387$44,039,387
Water Protection Permitting (51225)FY2019 $10,208,957FY2020 $10,208,957
Water Protection Compliance and Enforcement (51226)FY2019 $7,866,879FY2020 $7,866,879
Water Protection Outreach (51227)FY2019 $2,147,757FY2020 $2,147,757
Water Protection Planning and Policy (51228)FY2019 $5,820,533FY2020 $5,820,533
Water Protection Monitoring and Assessment (51229)FY2019 $8,713,955FY2020 $8,713,955
Water Protection Stormwater Management (51230)FY2019 $9,281,306FY2020 $9,281,306
Fund Sources:  
GeneralFY2019 $22,266,225FY2020 $22,266,225
SpecialFY2019 $1,607,265FY2020 $1,607,265
Trust and AgencyFY2019 $25,500FY2020 $25,500
Dedicated Special RevenueFY2019 $12,202,336FY2020 $12,202,336
Federal TrustFY2019 $7,938,061FY2020 $7,938,061

Authority: Title 10.1, Chapter 11.1; and Title 62.1, Chapters 2, 3.1, 3.2, 3.6, 5, 6, 20, 22, 24, and 25, Code of Virginia.

A. Out of this appropriation, $51,500 the first year and $51,500 the second year from the general fund is designated for annual membership dues for the Ohio River Valley Water Sanitation Commission.

B.1. The permit fee regulations adopted by the State Water Control Board pursuant to paragraphs B.1. and B.2. of § 62.1-44.15:6, Code of Virginia, shall be set at an amount representing not more than 50 percent of the direct costs for the administration, compliance and enforcement of Virginia Pollutant Discharge Elimination System permits and Virginia Pollution Abatement permits.

2. The regulations adopted by the State Water Control Board to initially implement the provisions of this Item shall be exempt from Article 2 (§ 2.2-4006, et seq.) of Chapter 40 of Title 2.2, Code of Virginia, and shall become effective no later than July 1, 2010. Thereafter, any amendments to the fee schedule described by these acts shall not be exempted from Article 2 (§ 2.2-4006, et seq.) of Chapter 40 of Title 2.2, Code of Virginia.

C. Out of the appropriation for this item, $151,500 the first year and $151,500 the second year from the general fund is designated for the annual membership dues for the Interstate Commission on the Potomac River Basin.

D.1. Notwithstanding § 62.1-44.15:56, Code of Virginia, public institutions of higher education, including community colleges, colleges, and universities, shall be subject to project review and compliance for state erosion and sediment control requirements by the local program authority of the locality within which the land disturbing activity is located, unless such institution submits annual specifications to the Department of Environmental Quality, in accordance with § 62.1-44.15:56 A (i), Code of Virginia.

2. The State Water Control Board is authorized to amend the Erosion and Sediment Control Regulations (9 VAC 25-840 et seq.) to conform such regulations with this project review requirement and to clarify the process. These amendments shall be exempt from Article 2 (§2.2-4006 et seq.) of the Administrative Process Act.

E. Beginning October 1, 2015, there shall be a $3.75 fee imposed on each dry ton of exceptional quality biosolids cake sewage sludge that is land applied pursuant to § 62.1-44.19:3P, Code of Virginia, until such fee is altered, amended or rescinded by the State Water Control Board.

F. If the Board of the Appomattox River Water Authority does not approve an action to move forward with the raising of the Brasfield Dam prior to June 30, 2018, the authorization for $5,000,000 in Virginia Public Building Authority bonds for such project included in Chapter 806, 2013 Acts of Assembly shall expire.

G. The Department shall work in conjunction with the Virginia Economic Development Partnership to facilitate the development of long-term offsetting methods within the Virginia Nutrient Credit Exchange as set out in Item 122 of this act.

H. Included in the appropriation for this item is $250,000 the first year and $250,000 the second year from the general fund for the department to evaluate environmental concerns in the upper reaches of Buchannan Creek, a tributary of the Western Branch of the Lynnhaven River in Virginia Beach. The study should address: (i) adequacy of the channel; (ii) evaluation of shoreline deterioration; (iii) and potential contamination from Birchwood Gardens former private sewage treatment facility. The study may require but not be limited to: an evaluation of historical land use records; permits; water quality testing and monitoring; soil sampling and other environmental testing and evaluation as required. The report will include recommendations for any corrective action as determined to be necessary and shall be submitted to the Governor and the General Assembly no later than October 1, 2019.

I. Notwithstanding any other provision of law, the department any Virginnia Stormwater Management Program authority is authorized to charge a voluntary fee of $30,000 for review of sites or areas within common plans of development or sale with land-disturbance acreage equal to or greater than 100 acres for an expedited stormwater impact management program plan review. Any individual or firm electing to pay the voluntary fee shall be guaranteed the total government review time shall not exceed 45 days excluding any applicant's time in responding to questions. The portion of the fee above the normal Any amounts paid to DEQ above the $9,600 fee shall be used by DEQ to increase the staffing level of the reviewers of these applications.

J. The Department of Environmental Quality shall prepare an update to its November 1, 2018 initial report entitled “Flexibilities for Virginia's Permitted Dischargers Implementing EPA's 2013 Nationally-Recommended Ammonia Criteria" pursuant to Enactment Clause 2 of Chapter 511 of the 2018 Acts of Assembly. The update shall expand the Department's previous identification of specific procedures and practices for ammonia criteria implementation to minimize their impact on Virginia sewerage systems or other treatment works, specifically by including all existing or potential permitting procedures and practices that are not prohibited by the Clean Water Act but which would provide relief to permitted dischargers. The Department shall report its findings to the Chairmen of the Senate Committee on Agriculture, Conservation and Natural Resources, the House Committee on Agriculture, Chesapeake and Natural Resources, the House Appropriations Committee, and Senate Finance Committee no later than November 1, 2019.

K. The State Water Control Board shall amend its regulation at 9VAC25-31-250.A.3. on the maximum time for a Virginia Pollution Discharge Elimination System permitted discharger to attain compliance with water quality-based limitations so as to be consistent with the time for compliance established by the United States Environmental Protection Agency section 122.47(a)(1) of Title 40, Code of Federal Regulations. The Board shall complete this amendment by October 1, 2019. This action shall be exempt from the procedures and requirements of Article 2 of Chapter 40 of Title 2.2, Code of Virginia.

L. The Department of Environmental Quality (DEQ) and the Virginia Department of Health (VDH) shall establish a work group with existing and potential permittees to determine the most cost effective solution to limit the sodium concentration in pre-treatment wastewater discharge to no more than 100 mg/L before delivery to the Upper Occoquan Service Authority's (UOSA) wastewater treatment plant as originally endorsed by the Occoquan Watershed Monitoring Subcommittee of the State Water Control Board in November 1996. The DEQ and the VDH shall receive input and recommendations from permittees, Fairfax Water, and the Fairfax County and Prince William County Service Authorities. DEQ shall provide a report on its findings and recommendations to the Chairman of House Appropriations and Chairman of Senate Finance no later than September 1, 2019.