Waters of the State, Ports and Harbors Passed HB615 Petroleum Storage Tank Fund. Provides that any person or state agency seeking reimbursement from the Petroleum Storage Tank Fund for costs and expenses incurred for oil cleanup must have acted at the direction of the State Water Control Board in undertaking such cleanup to be eligible to receive funds. The bill deletes an outdated provision relating to access to the Fund by those who reported releases prior to July 1, 1996. The term "moneys expended" is changed to "costs incurred." Use of the Fund is restricted to those who file a reimbursement claim with the Board within two years of the date the Board issues a site remediation closure letter or July 1, 2000, whichever is later. The per occurrence liability of owners and operators for reimbursement is clarified. The Board is directed to adopt regulations that conform to federal requirements for the demonstration of financial responsibility on the part of tank owners and operators. The amounts for which the Fund may be used to demonstrate financial responsibility are set out. Current regulations and requirements for financial responsibility are to remain in effect until the new regulations required by this bill are in force. Patron - Parrish HB620 State Water Control Law; discharges of oil. Provides that any operator of any facility, vehicle or vessel from which there is a discharge or threat of discharge of oil who incurs costs in responding to the discharge or threat shall have the right to recover such costs in an action for contribution against any person whose acts or omissions caused or contributed to the discharge or threat. Similarly, any person or operator who pays costs or damages because of liability for such a discharge or threat of discharge shall be entitled to recover such costs and damages from any person whose act or omission has caused or contributed to the discharge or threat. Patron - Woodrum HB716 Containment and cleanup of oil spills. The phrase "deemed necessary in the judgment of the Board" is added to a section of the Code prescribing the steps that one spilling oil must take in addition to, or in lieu of, those that may be found in their oil spill contingency plan. Provisions of duplicating federal law and another section of the Code are deleted. Patron - Parrish HB972 Concrete plant water discharge general permits. Requires that any general permit issued by the State Water Control Board for the discharge of stormwater and process water from activities associated with the manufacture of ready-mix concrete apply to both permanent and portable plants. The general permit may include a requirement that the settling basins constructed before February 1, 1998, for the treatment and control of process wastewater and commingled stormwater, be lined with impermeable material; however, the general permit must require that basins constructed after February 1, 1998, be lined with impermeable material. Patron - Purkey HB991 Confined animal feeding operations. Modifies permitting requirements for confined animal feeding operations, which are currently covered by a general permit issued by the State Water Control Board. Operations covered by the general permit will be inspected annually by the Department of Environmental Quality instead of once every five years. Proper siting, design and construction of the operation's waste storage lagoon must be certified by a licensed professional engineer or appropriate government official. The owner or operator of the operation must notify neighbors of the proposed operation before submitting the registration statement for the general permit and the Department of Environmental Quality at least 14 days prior to animals being placed in the confined facility. Operators of confined animal feeding operations are required to attend training at least once every three years. The bill authorizes a civil penalty or injunction to be imposed for operating a confined animal feeding operation after July 1, 2000, without a permit. The civil penalty for violating a permit or not having a permit is limited to $2,500. This bill is identical to Senate Bill 661. Patron - Van Yahres HB1135 Coal loading facilities. Requires the State Water Control Board to require coal loading facilities not regulated under the state's surface mining laws to obtain discharge certificates. Patron - Phillips SB56 Craney Island. Authorizes the Commonwealth and the Virginia Port Authority to expend funds to study the feasibility and environmental impact of expanding Craney Island eastward. The terminal could be constructed if studies show that constructing such a facility, using dredge materials, is in the public interest. Patron - Quayle SB328 Smith Mountain Lake. Directs the State Water Control Board to seek federal approval to designate Smith Mountain Lake a no-discharge zone for boat sewage. Patron - Newman SB487 Powers of the Virginia Resources Authority. Provides the Virginia Resources Authority (VRA) with the power to establish a credit enhancement surety bond program. VRA is also empowered to use a state aid intercept program when a county, city or town defaults on any local obligations held or credit enhanced by the Authority. Patron - Colgan SB661 Confined animal feeding operations. Modifies permitting requirements for confined animal feeding operations, which are currently covered by a general permit issued by the State Water Control Board. Operations covered by the general permit will be inspected annually by the Department of Environmental Quality instead of once every five years. Proper siting, design and construction of the operation's waste storage lagoon must be certified by a licensed professional engineer or appropriate government official. The owner or operator of the operation must notify neighbors of the proposed operation before submitting the registration statement for the general permit and the Department of Environmental Quality at least 14 days prior to animals being placed in the confined facility. Operators of confined animal feeding operations are required to attend training at least once every three years. The bill authorizes a civil penalty or injunction to be imposed for operating a confined animal feeding operation after July 1, 2000, without a permit. The civil penalty for violating a permit or not having a permit is limited to $2,500. This bill is identical to House Bill 991. Patron - Watkins Failed HB1334 Confined swine feeding operations. Imposes a moratorium on the permitting and construction of such operations for the period between July 1, 1998, and July 1, 2000. Exceptions to the moratorium are provided for construction: (i) that will not increase the swine population at an existing operation; (ii) that will increase the swine population to the level for which the liquid manure collection and storage facility is designed; (iii) if the person undertaking the construction has, prior to July 1, laid a foundation for a component of the confined-animal feeding operation, entered into a contract for the construction, or been approved for a loan or line of credit to finance the construction and has obligated or expended funds; and (iv) for an animal waste management system that does not employ a waste lagoon. Patron - Spruill HB1394 Water permit fees. Increases by 25 percent the maximum allowable amount that can be charged for the processing of various water permits. The caps on the fees charged for processing the different categories of water permits are established by statute. Patron - Plum Carried Over HB473 Utilization of the Water Quality Improvement Fund. Expands the eligible uses of the Water Quality Improvement Fund to include the installation of nutrient removal technology at private wastewater treatment plants. The bill also allows point source funds to be used to share in the cost of temporary operational enhancements (versus capital improvements) at wastewater treatment works, including the Washington, D.C., Blue Plains facility, and to fund innovative nutrient reduction technologies that have wide applicability in Virginia. In the nonpoint source pollution area, the bill adds "equipment directly related to protection and improvement of water quality" to the nonexclusive list of the types of projects that may receive funding. The provision of the Water Quality Improvement Act setting out that the nonpoint funds are to be split evenly between the Chesapeake Bay watershed and the rest of the state is deleted. Patron - Rust HB814 Water Quality Improvement Act. Clarifies that point and nonpoint source grants from the Water Quality Improvement Fund may be made throughout the Chesapeake Bay watershed regardless of whether or not the location of the funded project is in an area with a completed tributary plan are expanded. The eligible uses of the Water Quality Improvement Fund to include sharing in the cost of temporary operational enhancements (versus capital improvements) at wastewater treatment works. The bill adds "equipment directly related to reducing nonpoint source pollution and improving water quality" to the nonexclusive list of the types of projects that may receive nonpoint funding. The Secretary of Natural Resources is to annually develop, following a period of public comment and a public hearing, guidelines for the prioritization, distribution, and conditions of grants from the Water Quality Improvement Fund. The bill also requires notice of proposed grant agreements to be given to those who request it. In addition, the bill deletes "specific and measurable" from the phrase "specific and measurable pollution reduction achievements to state waters anticipated as a result of each grant award ...." in a section of the Act calling for a report from administrative agencies regarding implementation of the Act. Patron - Murphy HB1089 Water Quality Improvement Act point source grants. Removes a restriction that point source grants from the Water Quality Improvement Fund first go to installation of biological nutrient removal at publicly owned sewage treatment plants. The general direction is left that grants are to be used for efforts that are clearly demonstrated as likely to achieve measurable and specific water quality improvements. Other existing provisions of the Water Quality Improvement Act place a priority on nutrient reduction. Patron - Bryant HB1207 Poultry waste management in the Chesapeake Bay watershed. Requires the State Water Control Board to establish a regulatory program for poultry waste management in the Chesapeake Bay watershed. The program is to address nutrient management plans, nutrient budgets, storage of waste, and poultry grower and processor responsibility for waste storage, management and disposal. Patron - Murphy SB49 Geographic eligibility for Water Quality Improvement Grants. Clarifies that point and nonpoint source grants from the Water Quality Improvement Fund may be made throughout the Chesapeake Bay watershed regardless of whether or not the location of the funded project is in an area with a completed tributary plan. Patron - Bolling SB492 Water Quality Improvement Grants for education. Adds "education efforts aimed at improving water quality" to the examples of the potential uses of the Water Quality Improvement Grant funds available for nonpoint source pollution. Patron - Gartlan SB597 Water permit fees. Requires the State Water Control Board to recover the total costs of administering the water permit program through the imposition of annual fees on water permits. Beginning July 1, 1999, the Board shall institute a new set of permit fees that enable the agency to recover at least 25 percent of the program's cost. The proportion of costs to be borne by the permit applicant and permit holder shall increase to 50 percent on July 1, 2003. The Board shall develop, through guidelines, a formula or method for apportioning the costs among the various permit holders and applicants. Patron - Ticer < PREVIOUS | CONTENTS | NEXT >