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Waters of the State, Ports and Harbors

P Passed

P HB1758

Waste discharge regulations. Requires that the State Water Control Board's regulations to control the discharge of sewage and other wastes from boats into Virginia waterways become effective by July 1, 2002.
Patron - Dudley

P HB2073

General permits for combined animal feeding operations; certification of notice. Provides that the requirement that owners of combined animal feeding operations certify on their permit registration statement that notice has been given to owners or residents of adjoining property shall be waived whenever such registration is to renew coverage under a permit where no expansion is proposed and the Department of Environmental Quality has not issued any special or consent orders for violations under the existing permit.
Patron - Landes

P HB2292

Nontidal wetlands; effective date. Advances the date on which the comprehensive nontidal wetlands regulatory program becomes effective for linear transportation projects of the Virginia Department of Transportation from October 1, 2001, to August 1, 2001. This bill is identical to SB 1243.
Patron - Cox

P HB2310

Lake level contingency plans. Requires that, as part of a Virginia Pollutant Discharge Elimination Permit System (VPDES) permit, a lake level contingency plan take into account and minimize any adverse effects on beneficial uses (protection of fish and wildlife habitat, recreation, navigation, and cultural and aesthetic values) of any release reduction requirements. Such plans are required for surface water impoundments whose primary purpose is to provide cooling water to power generators. Currently, the plan only has to take into account and minimize the impact of release reductions on downstream users. However, the reduction in the release amounts required by the plan would not be implemented if it adversely affects (i) the ability to meet water quality standards, (ii) the ability to provide adequate water supplies needed for consumptive uses (drinking water or fire protection), and (iii) fish and wildlife. If the adverse affect is imminent, Virginia Power is authorized to release increased amounts of water for up to 48 hours or until such time as DEQ determines the increased release is necessary. This bill incorporates HB 2714.
Patron - Dickinson

P HB2601

Discharges to state waters; notification required. Requires any person in violation of the provisions of subsection A of § 62.1-44.5 who discharges or causes or allows i) a discharge of sewage, industrial waste, other wastes, or any noxious or deleterious substance, into state waters, or ii) a discharge that may reasonably be expected to enter state waters, to promptly, or not later than 24 hours after learning of the discharge, notify the State Water Control Board, the Director of the Department of Environmental Quality, or the coordinator of emergency services for the locality expected to be affected by the discharge. Violators of the notice requirement will be subject to the penalty provisions of the State Water Control Law. Under current law the notification requirement applies only to those persons required to obtain a discharge permit from the State Water Control Board. This bill is identical to SB 1285.
Patron - Nixon

P HB2774

Virginia Resources Authority; public safety facilities. Adds public safety facilities, including law-enforcement training facilities and emergency response, fire, rescue and police stations, and the remediation of brownfields and contaminated properties to the projects that may be funded through the Virginia Resources Authority. This bill is identical to SB 1402.
Patron - Ingram

P HB2827

Sewage sludge. Allows localities to adopt ordinances that provide for the monitoring of the land application of sewage sludge. The Board of Health is to adopt regulations, by July 1, 2002, requiring persons who land apply sludge to pay a fee. The fee cannot exceed the direct costs to localities of testing and monitoring the application of sewage sludge. The Board of Health's regulations are to include procedures for the (i) collection of the fees by the Department of Health, (ii) retention of the fees in a special nonreverting fund, and (iii) disbursements from the fund to localities for monitoring the sewage sludge.
Patron - Pollard

P HJ627

Lynnhaven River watershed. Requests the Department of Conservation and Recreation and the Chesapeake Bay Local Assistance Department to work with the U.S. Army Corps of Engineers, the City of Virginia Beach, other appropriate federal, regional, and state agencies, citizen and civic groups, the development and environmental communities, and watermen and the fisheries industry on preparation of a request for approval of a Lynnhaven River watershed study, to coordinate all state agencies with respect to that effort, and to begin work on the study immediately following the effective date of the resolution.
Patron - Purkey

P SB1072

Reporting of ballast water discharge; penalty. Requires that operators of certain commercial vessels file a Ballast Water Control Report form with the Virginia Marine Resources Commission. The reporting requirements shall not apply to any vessel of the United States Department of Defense, the United States Coast Guard, or the Armed Forces. The reporting requirement may be satisfied for those vessels whose first port of call in United States waters is in Virginia by the filing of a copy of the form submitted to the National Ballast Water Information Clearinghouse. Any operator who knowingly fails to file a report form in a timely manner or knowingly makes a false statement on the report form shall be guilty of a Class 1 misdemeanor.
Patron - Bolling

P SB1232

Virginia Resources Authority; power to borrow money and issue bonds and credit enhancements; limitation. Requires that the aggregate outstanding principal amount of bonds issued by the Virginia Resources Authority (VRA) and local obligations guaranteed pursuant to credit enhancements by the VRA, which are secured by a capital reserve fund, not exceed $900 million without prior approval by the General Assembly. The current cap on such bonds and obligations is $550 million.
Patron - Stolle

P SB1243

Nontidal wetlands; effective date. Advances the date on which the comprehensive nontidal wetlands regulations for linear transportation projects of the Virginia Department of Transportation become effective from October 1, 2001, to August 1, 2001. This bill is identical to HB 2292.
Patron - Miller, K.G.

P SB1285

Discharges to state waters; notification required. Requires any person in violation of the provisions of subsection A of § 62.1-44.5 who discharges or causes or allows i) a discharge of sewage, industrial waste, other wastes, or any noxious or deleterious substance, into state waters, or ii) a discharge that may reasonably be expected to enter state waters, to promptly, or not later than 24 hours after learning of the discharge, notify the State Water Control Board, the Director of the Department of Environmental Quality, or the coordinator of emergency services for the locality expected to be affected by such discharge. Violators of the notice requirement will be subject to the penalty provisions of the State Water Control Law. Under current law the notification requirement applies only to those persons required to obtain a discharge permit from the State Water Control Board. This bill is identical to HB 2601.
Patron - Rerras

P SB1348

New individual Virginia Pollutant Discharge Elimination permit; when application considered complete. Requires applicants for new individual Virginia Pollutant Discharge Elimination permits authorizing new discharges of sewage, industrial wastes, or other wastes into state waters to provide certification from the local county, city or town that the proposed facility would be consistent with local zoning requirements. The local county, city or town must notify the applicant and the State Water Control Board of the facility's compliance or noncompliance within 30 days or the certification requirement is waived. Under current law, local approval is required for discharges of sewage to surface impoundments and the local governing body must provide certification within 45 days or the requirement is waived.
Patron - Hanger

P SB1402

P SB1404

Permits for private sewerage facilities; waiver of filing requirement. Provides that the State Water Control Board may grant to an operator of a private sewerage facility that was permitted prior to January 1, 2001, and discharges less than 5,000 gallons of effluent per day, a waiver of the requirement to file a plan to control, prevent, or contain a threat to public health or the environment from the closure of such facility. The waiver may be issued upon a finding by the Board that, for at least five years, such person has not violated any regulation or order of the Board, any condition of a permit to operate such facility, or any other provision of the State Water Control Law. However, such waiver may not be issued until the governing body of the locality in which the facility is located approves the waiver after holding a public hearing and the Board may revoke the waiver for good cause. Any operator who receives a waiver and later ceases operation would, if such cessation results in significant harm, or an imminent and substantial risk of significant harm to human health and the environment, be guilty of a Class 4 felony and liable to the Commonwealth and any applicable political subdivision.
Patron - Mims

F Failed

F HB1907

Potomac River Riparian Rights and Permitting Act; permits for water withdrawals; construction of improvements appurtenant to the Virginia shore. Authorizes the State Water Control Board to establish requirements for the withdrawal of water from the Potomac River and to issue Potomac River Water Appropriation Permits (water appropriation permits) for such withdrawals. Such permits will be valid for 10 years and may be renewed for additional terms upon written application. Any person withdrawing water from the Potomac River is required to obtain the permit and any such permit issued for withdrawal of water from the portion of the Potomac River subject to the Potomac River Low Flow Agreement of 1978 must contain provisions subjecting the permittee to the low flow allocation formula established by that agreement. The bill also provides that no Virginia user of the Potomac River will be required to obtain a water appropriation permit from the State of Maryland in order to withdraw water from the river. The Board shall issue a permit to any Virginia user holding a permit from the State of Maryland for withdrawal of the same quantity of water. The bill provides that any person constructing a wharf, water intake, or other structure or improvement appurtenant to his property on the Virginia shore of the river below the low water mark be allowed to do so after obtaining the permits required by the U.S. Army Corps of Engineers and any permits required under state law. The authority of the State of Maryland to impose permitting requirements for construction activity beyond those required by federal law is not recognized by the Commonwealth.
Patron - Callahan

F HB2384

Wetlands mitigation. Prohibits the Commonwealth from mitigating the loss of natural wetlands by creating or restoring wetlands in areas outside the hydrologic unit in which those natural wetlands are located.
Patron - Pollard

F HB2572

Nontidal wetland program. Eliminates any duplication of state and federal permitting requirements for those activities covered by a federal nationwide or regional permit. Once the State Programmatic General Permit is approved by the U.S. Army Corps of Engineers, only a state permit will be required for activities in nontidal wetlands.
Patron - McDonnell

F HB2714

Lake level contingency plans. Provides that lake level contingency plans required in connection with the issuance of a Virginia Pollution Discharge Elimination System permit shall not be designed or implemented so as to conflict with an existing order issued by the State Corporation Commission establishing a minimum release rate for an impoundment structure. This bill has been incorporated into HB 2310.
Patron - Hargrove

F SB1272

Nontidal wetlands. Delays the date on which the more comprehensive nontidal regulatory program becomes effective from October 1, 2001, to October 1, 2002. The bill also requires that the regulations for this nontidal wetlands program be no more stringent than federal requirements.
Patron - Wagner

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