CONTENTS | < PREVIOUS | NEXT > | BILL INDEX

Waters of the State, Ports and Harbors

P Passed

P HB404

Toxic substances in state waters. Increases the requirements for the State Water Control Board (SWCB), Department of Environmental Quality (DEQ) and the Virginia Department of Health to monitor and report toxic substances in state waters. The bill requires that in its annual toxics report to the General Assembly, the SWCB should include a description of those segments of Virginia's waters where there has been a commitment to conduct additional evaluation and monitoring of toxic substances. Water segments that are identified in the state Water Quality Monitoring Plan are to be monitored at least once every three years, contingent upon the availability of funding. The SWCB is to conduct a review of its toxic removal or remediation technologies at least once every five years. Under the legislation, members of the public would be able to petition the SWCB for the inclusion of a water segment in the agency's monitoring plan, which could result in the collection of fish tissue and sediment samples. The SWCB must consider and respond to these petitions but is not compelled to include such segments in the water quality monitoring plan. However, if the segment is not included in the plan, the SWCB must provide a written rationale explaining why the petition request was denied. DEQ will be required to post fish tissue and sediment results on its Internet site for at least one year. The bill also requires that a memorandum of agreement be developed between DEQ and the Virginia Department of Health. The purpose of the memorandum is to ensure the timely exchange and evaluation of reliable water quality and fish advisory information between the two agencies. DEQ will be required to develop a written policy describing the circumstances and factors that indicate the need for an assessment of potential sources of toxic contamination. The Department of Health is also required to develop a written policy that identifies criteria which will be used to determine whether toxic substances are present in levels that will trigger the issuance of a fish consumption advisory. The memorandum of agreement and the written policies will be submitted to the chairmen of the committees, which have oversight responsibilities for DEQ activities. This bill is identical to SB 179.

Patron - Bennett

P HB451

Sewage discharge certificates. Requires that applications for discharge certificates (permits) for sewage discharges into surface water impoundments contain notification from the locality where the discharge will take place that the location and operation of the discharging facility are consistent with applicable zoning ordinances. If the locality does not respond to the request for the notification within 45 days, the requirement for the notification is waived. This bill is identical to SB294.

Patron - Dickinson

P HB625

Lake level contingency plans. Requires that permits issued for surface water impoundments that provide cooling water to power generators include a lake level contingency plan to allow specific reductions in the flow required to be released when the water level above the dam drops below designated levels due to drought conditions. This bill is identical to SB296.

Patron - Dickinson

P HB804

Virginia Resources Authority. Increases the number of members on the Board of Directors of the Virginia Resources Authority from nine to 11, by adding the Director of the Department of Aviation or his designee and one citizen member appointed by the Governor.

Patron - Tata

P HB1170

Wetlands. Requires that those proposing to conduct certain activities in nontidal wetlands first obtain a Virginia Water Protection Permit from the State Water Control Board. The Board must establish both individual and general permits for such activities. General permits must be issued for activities impacting less than half an acre of wetlands and other specified activities. Permits will be conditioned upon compensatory mitigation for adverse impacts to wetlands. Normal agricultural and silvicultural activities are exempt from the permit requirement. Between the enactment of the bill and such time as permit regulations are adopted, those who drain, excavate or ditch a wetland must compensate the impact on the wetland. The Board is directed generally to establish and implement policies and programs to protect and enhance the Commonwealth's wetland resources, using a regulatory approach to achieve no net loss of wetlands and a voluntary approach to achieve a net resource gain. Water Protection Permits will be issued after an opportunity for public comment is provided. Local governments are prohibited from imposing wetland permit requirements that duplicate those imposed under federal or state law. The bill also clarifies that wetlands are state waters under the State Water Control Law, and requires the Board to seek a Section 404 Clean Water Act State Programmatic General Permit from the U.S. Army Corps of Engineers. This bill is identical to SB 648.

Patron - Bryant

P HB1192

Maritime Incident Response Advisory Board. Establishes the 14-member Maritime Incident Response Advisory Board whose purpose is to recommend and direct the development of goals, policies and plans to improve the management of maritime fire and incidents in Hampton Roads and throughout the Commonwealth. This bill is identical to SB 739.

Patron - Diamonstein

P HB1282

Reclamation and reuse of wastewater. Requires the State Water Control Board to encourage and establish requirements for the reclamation and reuse of wastewater as an alternative to directly discharging pollutants to waters of the state.

Patron - Landes

P HB1424

Rappahannock River Basin Commission. Repeals the sunset clause that would have terminated the Commission on July 1, 2000.

Patron - Katzen

P SB177

Sewerage systems. Requires that an owner of a privately-operated sewerage system that discharges more than 1,000 gallons but less than 40,000 gallons of effluent a day obtain a pollution discharge permit from the State Water Control Board. The owner of such a facility would have to file a plan to control, prevent, or contain any threat to public health or the environment if the facility ceases operation. The plan will also include a demonstration by the owner that he has the financial capability to properly close the facility. An owner who ceases operations and knowingly and willfully fails to implement a closure plan would be liable for the costs incurred in abating, removing or containing the harm or threat if such failure results in significant harm to human health or the environment. The owner also would be subject to a Class 4 felony penalty, if he knowingly and willfully failed to implement the closure plan or provide adequate funds to implement such plan.

Patron - Reynolds

P SB179

Toxic substances in state waters. Increases the requirements for the State Water Control Board (SWCB), Department of Environmental Quality (DEQ) and the Virginia Department of Health to monitor and report toxic substances in state waters. The bill requires that in its annual toxics report to the General Assembly, the SWCB should include a description of those segments of Virginia's waters where there has been a commitment to conduct additional evaluation and monitoring of toxic substances. Water segments that are identified in the state Water Quality Monitoring Plan are to be monitored at least once every three years, contingent upon the availability of funding. The SWCB is to conduct a review of its toxic removal or remediation technologies at least once every five years. Under the legislation, members of the public would be able to petition the SWCB for the inclusion of a water segment in the agency's monitoring plan, which could result in the collection of fish tissue and sediment samples. The SWCB must consider and respond to these petitions but is not compelled to include such segments in the water quality monitoring plan. However, if the segment is not included in the plan, the SWCB must provide a written rationale explaining why the petition request was denied. DEQ will be required to post fish tissue and sediment results on its Internet site for at least one year. The bill also requires that a memorandum of agreement be developed between DEQ and the Virginia Department of Health. The purpose of the memorandum is to ensure the timely exchange and evaluation of reliable water quality and fish advisory information between the two agencies. DEQ will be required to develop a written policy describing the circumstances and factors that indicate the need for an assessment of potential sources of toxic contamination. The Department of Health is also required to develop a written policy that identifies criteria which will be used to determine whether toxic substances are present in levels that will trigger the issuance of a fish consumption advisory. The memorandum of agreement and the written policies will be submitted to the chairmen of the committees, which have oversight responsibilities for DEQ activities. This bill is identical to HB 404.

Patron - Hawkins

P SB294

Sewage discharge certificates. Requires that applications for discharge certificates (permits) for sewage discharges into surface water impoundments contain notification from the locality where the discharge will take place that the location and operation of the discharging facility are consistent with applicable zoning ordinances. If the locality does not respond to the request for the notification within 45 days, the requirement for the notification is waived. This bill is identical to HB451.

Patron - Houck

P SB296

Lake level contingency plans. Requires that permits issued for surface water impoundments that provide cooling water to power generators include a lake level contingency plan to allow specific reductions in the flow required to be released when the water level above the dam drops below designated levels due to drought conditions. This bill is identical to HB 625.

Patron - Houck

P SB389

Virginia Resources Authority. Increases the number of members on the Board of Directors of the Virginia Resources Authority from nine to 11, by adding the Director of the Department of Aviation or his designee and one citizen member appointed by the Governor. This bill is identical to HB 804.

Patron - Williams

P SB645

Water quality monitoring and reporting. Increases both the number of water quality monitoring stations and the frequency of sampling by at least five percent annually, with priority given to those water bodies for which there is credible evidence showing impairment of the water body. Currently, monitoring and sampling is to be expanded so that the sampling effort will ultimately be representative of all river and stream miles in the state, but with no requirement to specifically expand, by a certain percentage annually, the number of monitoring stations or the frequency of sampling. The expansion of the water quality monitoring is contingent upon the appropriation of adequate funding.

Patron - Whipple

P SB648

Wetlands. Requires that those proposing to conduct certain activities in nontidal wetlands first obtain a Virginia Water Protection Permit from the State Water Control Board. The Board must establish both individual and general permits for such activities. General permits must be issued for activities impacting less than half an acre of wetlands and other specified activities. Permits will be conditioned upon compensatory mitigation for adverse impacts to wetlands. Normal agricultural and silvicultural activities are exempt from the permit requirement. Between the enactment of the bill and such time as permit regulations are adopted, those who drain, excavate or ditch a wetland must compensate the impact on the wetland. The Board is directed generally to establish and implement policies and programs to protect and enhance the Commonwealth's wetland resources, using a regulatory approach to achieve no net loss of wetlands and a voluntary approach to achieve a net resource gain. Water Protection Permits will be issued after an opportunity for public comment is provided. Local governments are prohibited from imposing wetland permit requirements that duplicate those imposed under federal or state law. The bill also clarifies that wetlands are state waters under the State Water Control Law, and requires the Board to seek a Section 404 Clean Water Act State Programmatic General Permit from the U.S. Army Corps of Engineers. This bill is identical to HB 1170.

Patron - Whipple

P SB739

Maritime Incident Response Advisory Board. Establishes the 14-member Maritime Incident Response Advisory Board to recommend and direct the development of goals, objectives, policies and plans needed to develop and improve management of maritime fire and incident issues in Hampton Roads and throughout the Commonwealth. This bill is identical to HB 1192.

Patron - Maxwell

F Failed

F HB35

Virginia Petroleum Storage Tank Fund fee; exemption for Virginia Railway Express. Exempts the operator of a commuter train carrying passengers in the Potomac-Rappahannock Transportation District from paying the fee on dyed diesel fuels. Such fees are deposited in the Virginia Petroleum Storage Tank Fund.

Patron - Parrish

F HB1246

Certificates for alterations of state waters. Adds wetlands to the definition of state waters and requires a certificate from the State Water Control Board for excavations in wetlands. Certificates are not required for normal agricultural, ranching or silvicultural activities or de minimis movements of soil and that are neither intended to cause nor in fact cause the destruction, drainage or degradation of wetlands.

Patron - Wagner

F SB450

Wetlands. Requires that those proposing to drain, dredge, excavate, ditch, permanently flood or impound, fill, or discharge any material into nontidal wetlands first obtain a Virginia Water Protection Permit from the State Water Control Board. The Board must establish both individual and general permits for such activities. Permittees must replace wetlands lost at a 2:1 acreage ratio. Normal agricultural and silvicultural activities are exempt from the permit requirement. The Board is directed generally to establish and implement policies and programs to protect and enhance the Commonwealth's wetland resources. Regulatory programs are to be designed to achieve no net loss of existing wetland acreage and functions. Voluntary and incentive-based programs are to be developed to achieve a net resource gain in acreage and functions of wetlands. Water Protection Permits will be issued after an opportunity for public comment is provided. The bill also clarifies that wetlands are state waters under the State Water Control Law, and requires the Board to seek Section 404 Clean Water Act State Programmatic General Permit from the U.S. Army Corps of Engineers. Incorporated into SB 648.

Patron - Ticer

F SB695

Certificates for alterations of state waters. Adds wetlands to the definition of state waters and requires a certificate from the State Water Control Board for excavations in wetlands. Certificates are not required for normal agricultural, ranching or silvicultural activities or de minimis movements of soil and that are neither intended to cause nor in fact cause the destruction, drainage or degradation of wetlands.

Patron - Stolle

C Carried Over

C SB684

Firefighting on Hampton Roads. Requires the Virginia Port Authority, from funds appropriated for such purpose, to purchase a response vessel to fight fires on Hampton Roads and on adjacent property. The provisions of the bill are effective only if an appropriation for such purpose is included in the 2000 appropriation act signed by the Governor.

Patron - Forbes

C SB705

Dumping of motor oil from used oil filters and anti-freeze. Makes it unlawful to discharge motor oil from used oil filters or anti-freeze into or upon state waters, lands, or storm drain systems. The person responsible for such discharges would be subject to the same criminal and civil penalties as an owner of a petroleum storage tank whose facility discharged oil into state waters, lands or storm drains, and would be liable for all costs and expenses associated with the investigation, containment, and cleanup of the discharge.

Patron - Ticer