10.1-2127 - Nonpoint source pollution water quality assessment.
§ 10.1-2127. Nonpoint source pollution water quality assessment.
A. The Department, in conjunction with other state agencies, shall evaluateand report on the impacts of nonpoint source pollution on water quality andwater quality improvement to the Governor and the General Assembly. Thisevaluation shall be incorporated into the § 305(b) water quality report ofthe Clean Water Act developed pursuant to § 62.1-44.19:5. The evaluationshall at a minimum include considerations of water quality standards, fishingbans, shellfish contamination, aquatic life monitoring, sediment sampling,fish tissue sampling and human health standards. The report shall be producedin accordance with the schedule required by federal law, but shallincorporate at least the preceding five years of data. Data older than fiveyears shall be incorporated when scientifically appropriate for trendanalysis. The report shall, at a minimum, include an assessment of thegeographic regions where water quality is demonstrated to be impaired ordegraded as the result of nonpoint source pollution and an evaluation of thebasis or cause for such impairment or degradation.
B. The Department and a county, city or town or any combination of counties,cities and towns comprising all or part of any geographic region identifiedpursuant to subsection A as contributing to the impairment or degradation ofstate waters may develop a cooperative program to address identified nonpointsource pollution impairment or degradation, including excess nutrients. Theprogram may include, in addition to other elements, a delineation of stateand local government responsibilities and duties and may provide for theimplementation of initiatives to address the causes of nonpoint sourcepollution, including those related to excess nutrients. These initiatives mayinclude the modification, if necessary, of local government land use controlordinances. All state agencies shall cooperate and provide assistance indeveloping and implementing such programs.
C. The Department and a county, city or town or any combination of counties,cities and towns comprising all or part of any geographic region notidentified pursuant to subsection A as contributing to the impairment ordegradation of state waters may develop a cooperative program to preventnonpoint source pollution impairment or degradation. The program may include,in addition to other elements, a delineation of state and local governmentresponsibilities and duties and may provide for the implementation ofinitiatives to address the nonpoint source pollution causes, including themodification, if necessary, of local government land use control ordinances.All state agencies shall cooperate and provide assistance in developing andimplementing such programs.
D. The Department shall, on or before January 1 of each year, report to theGovernor and the General Assembly on whether cooperative nonpoint sourcepollution programs, including nutrient reduction programs, developed pursuantto this section are being effectively implemented to meet the objectives ofthis article. This annual report may be incorporated as part of the reportrequired by § 62.1-44.118.
(1997, cc. 21, 625, 626; 2003, c. 741; 2007, c. 637.)