General Assembly>Division of Legislative Services>Publications>Session Summaries>2005>Waters of the State, Ports and Harbors


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Waters of the State, Ports and Harbors

Passed

P HB1971

Phosphorous application rates for poultry waste. Changes the standard for the amount of phosphorous from poultry waste that can be applied on farmland. Currently nutrient management plans for poultry waste are to include phosphorous application rates that are equal to the capacity of a crop to remove phosphorous from the soil. This bill requires that phosphorous application rates for nutrient management plans will have to conform to regulatory criteria and standards adopted by the Department of Conservation and Recreation (DCR). The application rates contemplated by DCR would take into account such factors as the soil's phosphorous level, the slope of the land, farming practices, and the proximity of the land to streams.
Patron - Cox

P HB2145

Service charge payments to localities. Provides that local service charge payments imposed on property of the Virginia Port Authority are to be paid by the Authority.
Patron - Joannou

P HB2645

Mapping of wetlands. Directs the State Water Control Board to (i) ensure that beginning on or after January 1, 2007, wetland inventory maps identifying the location of nontidal wetlands maintained by the board be made readily available to the public, (ii) notify the circuit court clerk's office and other appropriate officials in each locality of the availability of the wetland inventory maps, and (iii) request that the locality provide information on the availability of those maps in the location where the land records of the locality are maintained.
Patron - Hurt

P HB2862

Nutrient trading. Establishes a nutrient exchange or trading program that would allow point source dischargers to achieve and maintain compliance with the waste load cap allocations for nitrogen and phosphorous delivered to the Chesapeake Bay and its tidal tributaries. The State Water Control Board would be required to issue a general permit under the Virginia Pollutant Discharge Elimination System to eligible point source dischargers of nitrogen and phosphorous. The facilities that obtain such a permit, and which are interested in participating in the trading program, would be identified together with their individual load cap allocations and trading ratios. The trading association authorized by the bill would provide the mechanism by which those permittees under the general permit would be matched with nutrient trading partners. Within nine months of the issuance of the general permit, the permitees either individually or through the trading association would be required to submit compliance plans to DEQ. The compliance plans would have to include any capital projects and the implementation schedules needed to achieve the nitrogen and phosphorous reductions needed to comply with the waste load allocations for all the permitees in a particular tributary. This bill is identical to SB 1275.
Patron - Bryant

P SB746

Virginia Resources Authority. Expands projects that can be financed through the Authority to include the design and construction of roads, public parking garages and other public transportation facilities, and facilities for public transportation by commuter rail.
Patron - Colgan

P SB1233

Membership of the Ohio River Valley Sanitation Commission. Changes membership of the Ohio River Valley Sanitation Commission. Currently, all three Virginia members of the Commission are members of the State Water Control Board. Under the bill, two of the commissioners will be members of the State Water Control Board and the third will be the Director of the Department of Environmental Quality. The bill also specifies under what circumstances the commissioners can designate someone to represent them and cast a vote on their behalf at a meeting.
Patron - Puckett

P SB1256

Virginia Resources Authority. Authorizes the Virginia Resources Authority to assist in making financing available at federal government facilities in order to support the location and retention of federal facilities in Virginia and the transition of former federal facilities from use by the federal government to other uses.
Patron - Locke

P SB1275

Nutrient trading. Establishes a nutrient exchange or trading program that would allow point source dischargers to achieve and maintain compliance with the waste load cap allocations for nitrogen and phosphorous delivered to the Chesapeake Bay and its tidal tributaries. The State Water Control Board would be required to issue a general permit under the Virginia Pollutant Discharge Elimination System to eligible point source dischargers of nitrogen and phosphorous. The facilities that obtain such a permit, and which are interested in participating in the trading program, would be identified together with their individual load cap allocations and trading ratios. The trading association authorized by the bill would provide the mechanism by which those permittees under the general permit would be matched with nutrient trading partners. Within nine months of the issuance of the general permit, the permitees either individually or through the trading association would be required to submit compliance plans to DEQ. The compliance plans would have to include any capital projects and the implementation schedules needed to achieve the nitrogen and phosphorous reductions needed to comply with the waste load allocations for all the permitees in a particular tributary. This bill is identical to HB 2862.
Patron - Watkins

Failed

F HB2074

Testing of sewage sludge. Requires localities in which sewage sludge has been applied to the land to test two permitted sites each year. The results of the tests are to be (i) submitted to the agency that issued the permit for the particular site and (ii) made available for public inspection.
Patron - Hogan

F HB2828

Annual wastewater permit maintenance fee. Exempts certain facilities that paid an application fee for a Virginia Pollutant Discharge Elimination System permit between July 1, 2002, and July 1, 2004, from having to pay the annual maintenance fee that was imposed beginning July 1, 2004. In addition, those facilities that are exempted under this bill and that paid the maintenance fee in 2004 would receive one year's credit that would be applied to the renewed permit.
Patron - Orrock

F SB787

Reimbursement of local monitoring of land application of sewage sludge. Provides that localities shall be reimbursed for all direct costs associated with testing and monitoring of the land application of sewage sludge.
Patron - Obenshain

F SB809

Water quality standards. Requires the State Water Control Board, when adopting or revising a water standard or policy, to determine whether the adoption or revision is likely to require significant modifications to a large number of permitted facilities. If the Board finds that there will be impacts from the adoption or revision of a standard or policy, the Board is directed to develop an implementation schedule requiring compliance to the standard or policy as soon as possible. The implementation schedule is to be based on an analysis of certain cost and labor factors affecting the construction of treatment facilities that will be needed to meet the new standards or policies.
Patron - Williams

F SB811

Adopting a chlorophyll standard. Requires the State Water Control Board, when it considers the adoption of a chlorophyll standard or policy, to provide to the committees with jurisdiction over water quality matters a range of alternatives and an analysis of the benefits, detriments, and the economic and social costs associated with each alternative. Currently, in the instance of any proposed water quality standard or policy adopted by regulation that is more restrictive than the federal requirements, the Board has to provide the oversight committees with a reason why the more restrictive provisions are needed.
Patron - Williams

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