SB 963 — South Central Wastewater Authority; watershed general permit for nutrients.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2023 SESSION CHAPTER E178 An Act to amend and reenact § 62.1-44.19:14 of the Code of Virginia, relating to South Central N Wastewater Authority;

R O [S 963] Approved LMarch L22, 2023 Be it enacted by the General Assembly of Virginia:

E § 62.1-44.19:14.

DA. Permit, hereafter referred to as the general permit, authorizing point source discharges of total nitrogen and total phosphorus to the waters of the Chesapeake Bay and its tributaries.

ExceptThe asBoard otherwise provided in this article, the general permit shall controlissue ina lieuWatershed ofGeneral technology-based, water quality-based, and best professional judgment, interim or final effluent limitations for total nitrogen and total phosphorus in individual Virginia Pollutant Discharge Elimination System permitsPermit, forhereafter facilitiesreferred coveredto byas the general permitpermit, whereauthorizing thepoint effluentsource limitationsdischarges forof total nitrogen and total phosphorus in the individual permits are based upon standards, criteria, waste load allocations, policy, or guidaBce established to restore or protect the waterwaters quality and beneficial uses of the Chesapeake Bay o6and its tidaltributaries. triB.

ThisExcept sectionas otherwise provided in this article, the general permit shall notcontrol bein construedlieu toof limittechnology-based, orwater otherwisequality-based, affectphosphorus thein Board'sindividual authorityVirginia toEestablishPollutant andDischarge enforceElimination moreSystem stringentpermits waterfor quality-basedfacilities covered by the general permit where the effluent limitations for total nitrogen orand total phosphorus in the individual permits whereare thosebased limitationsupon arestandards, necessarycriteria, waste load allocations, policy, or guidance established to restore or protect localthe water quality.quality and beneficial uses of the Chesapeake Bay or its tidal tributaries.

B.

This section shall not be construed to limit or otherwise affect the Board's authority to establish and enforce more stringent water quality-based effluent limitations for total nitrogen or total phosphorus in individual permits where those limitations are necessary to protect local water quality.

Waste load allocations for total nitrogen and total phosphorus for each permitted facility expressed as annual mass loads, including reduced waste load allocations where applicable under the ENRC quality-basedProgram. total nitrogen and total phosphorus waste load allocations.

The allocations for each permitted facility shall reflect the applicable individual water quality-based total nitrogen and total phosphorus waste load allocations.

(ii) the availability of required services and establishedskilled inlabor; § 10.1-2128, the Virginia Water Facilities Revolving Fund as established in § 62.1-225, and other financing mechanisms;

(iii) the availability of funding from the Virginia Water Quality Improvement Fund as established in § 10.1-2128, the Virginia Water Facilities Revolving Fund as established in § 62.1-225, and other financing mechanisms;

The compliance plans shall contain, at a minimum, any capital projects and implementation schedules needed to achieve total nitrogen and phosphorus reductions sufficient to comply with the individual and combined waste load allocations of all the permittees in the tributary.

Discharge5. Elimination System permit to discharge 100,000 gallons or more per day, or an equivalentlutant load, directly into tidal waters, or 500,000 gallons or more per day, or an equivalent load, directly into of 5 nontidal waters, to secure general permit coverage by filing a registration statement with the Department within a specified period after each effective date of the general permit.

TheA procedure shallthat alsorequires requireevery any owner or operator of a facility authorized by a Virginia Pollutant Discharge Elimination System permit to discharge 40,000100,000 gallons or more per day, or an equivalent load, directly into tidal waters, or 500,000 gallons or more per day, or an equivalent load, directly into nontidal waterswaters, to secure general permit coverage by filing a registration statement with the Department at the time he makes application with the Department for a new discharge or expansion that is subject to an offset or technology-based requirement in § 62.1-44.19:15, and thereafter within a specified period of time after each effective date of the general permit.

The procedure shall also require of 4 any owner or operator of a facility authorized by a Virginia Pollutant Discharge Elimination System permit to discharge 40,000 gallons or more per day, or an equivalent load, directly into tidal or nontidal waters to secure general permit coverage by filing a registration statement with the Department at the time he makes application with the Department for a new discharge or expansion that is subject to an offset or technology-based requirement in § 62.1-44.19:15, and thereafter within a specified period of time after each effective date of the general permit.

of 5 G.

The Board shall adopt amendments to the Water Quality Management Planning Regulation and modifications to Virginia Pollutant Discharge Elimination System permits or registration lists to establish and implement the Phase III Watershed Implementation Plan Enhanced Nutrient Removal CertaintysCertainty Eo establish Program (ENRC Program) as provided in this subsection.

The ENRC Program shall consist of the N following projects and the following waste load allocation reductions and their respective schedules for of 4 compliance.

R 1.

Priority projects for additional nitrogen and phosphorus removal (schedule for complianceO:compliance):

PROJECT NAME DESCRIPTION (COMPLIANCE SCHEDULE) HRSD-Chesapeake/ElizabethSTP Consolidate into regional system and close treatment L facility (1/1/2023) HRSD-Boat Harbor WWTP Convey by subaqueous crossing to Nansemond River L WWTP for nutrient removal (1/1/2026) E HRSD-Nansemond River WWTP Upgrade and expand with nutrient removal 0.30technology of 4.0 mg/L total phosphorusnitrogen (1/1/2032) (1/1/2026) and D0.30 mg/L total phosphorus (1/1/2032) HRSD-Nassawadox WWTP Convey to regional system for nutrient removal (1/1/2026) Fredericksburg WWTF Expand with nutrient removal technology of 3.0 mg/L total nitrogen and 0.22 mg/L total phosphorus (1/1/2026) Spotsylvania Co.-FMC WWTF facilityConvey (1/1/2026)xto Massaponax WWTF and close treatment facility (1/1/2026) Spotsylvania Co.-Massaponax WWTF Expand with nutrient removal technology of 4.0 B mg/L total nitrogen and 0.30 mg/L total phosphorus 9 to consolidate and close FMC WWTF (1/1/2026) 3 Spotsylvania Co.-Thornburg STP Upgrade with nutrient removal technology of 4.0 R mg/L total nitrogen and 0.30 mg/L total phosphorus (1/1/2026) HRRSA-North River WWTP (1/1/2026)Phosphorus removal tertiary filtration upgrade (1/1/2026) South Central Wastewater Authority WWTF Upgrade with nutrient removal technology of 4.0 mg/L total nitrogen and 0.30 mg/L total phosphorus (1/1/2026) HRSD-Williamsburg WWTP Upgrade with nutrient removal technology of 4.0 mg/L total nitrogen (1/1/2026) and 0.30 mg/L total phosphorus (1/1/2032) HRSD-VIP WWTP Upgrade with nutrient removal technology of 4.0 mg/L total nitrogen (1/1/2026) and 0.30 mg/L total phosphorus (1/1/2032) HRSD-James River WWTP Upgrade with nutrient removal technology of 4.0 mg/L total nitrogen (1/1/2026) and 0.30 mg/L total phosphorus (1/1/2028) HRSD-Army Base WWTP Convey to VIP WWTP for nutrient removal (1/1/2032) or upgrade with nutrient removal 0.30technology of 4.0 mg/L total phosphorusnitrogen (1/1/2032) (1/1/2026) and 0.30 mg/L total phosphorus (1/1/2032) Each priority project and the associated schedule of compliance shall be incorporated into the applicable Virginia Pollutant Discharge Elimination System permit or registration list.

(c) by February 1, 2024, and annually thereafter, SCWWA shall submit a progress report to the Department describing its of 5 progress toward completing the phased construction program;

and (f) for each compliance year during the phased construction program that the facility does not achieve the nutrient removal technology concentration specified in this subsection, the SCWWA WWTF shall be of 4 responsible for acquiring sufficient point source credits to comply with its total nitrogen and total phosphorus waste load allocations applicable to that compliance year.

FACILITY NAME TOTAL NALLOCATIONSTELOADNITROGEN WASTELOAD ALLOCATION (lbs/year) HRSD-Army Base WWTP 219,307 HRSD-Boat Harbor STP 304,593 HRSD-James River STP 243,674 HRSD-VIP WWTP 487,348 HRSD-Nansemond STP 365,511 HRSD-Williamsburg STP 274,133 Reduce total phosphorus waste load allocations for HRSD treatment works in the James River basin to the following allocations effective January 1, 2026:

That the Department of Environmental Quality, concurrently with its approval of the phased construction program for the upgrade of 5the South Central Wastewater Authority Wastewater Treatment Facility listed in subdivision G 1 of § 62.1-44.19:14 of the Code of Virginia, as ameEdedamended by this act, shall execute corresponding amendments to the water quality improvement agreement approvedpursuant phasedto construction§ program.f10.1-2131 of the Code of Virginia consistent with the scope and schedule of the Napproved 3.phased construction program.

That3. the Department of Environmental Quality, by December 31, 2023, or as soon as possible R thereafter, shall modify the Virginia Pollutant Discharge Elimination System permit for the SouOh § 62.1-44.19:14 of the Code of Virginia, as amended by this act, to include the requirements and compliance schedule established in this act.

LThat Ethe DDepartment Bof REnvironmental Quality, by December 31, 2023, or as soon as possible thereafter, shall modify the Virginia Pollutant Discharge Elimination System permit for the South Central Wastewater Authority Wastewater Treatment Facility as listed in subdivision G 1 of § 62.1-44.19:14 of the Code of Virginia, as amended by this act, to include the requirements and compliance schedule established in this act.