62.1-44.15:1 - Limitation on power to require construction of sewerage systems or sewage or other waste treatment ...
§ 62.1-44.15:1. Limitation on power to require construction of seweragesystems or sewage or other waste treatment works.
Nothing contained in this chapter shall be construed to empower the Board torequire the Commonwealth, or any political subdivision thereof, or anyauthority created under the provisions of § 15.2-5102 or §§ 15.2-5152 through15.2-5158, to construct any sewerage system, sewage treatment works, or watertreatment plant waste treatment works or system necessary to (1) upgrade thepresent level of treatment in existing systems or works to abate existingpollution of state waters, or (2) expand a system or works to accommodateadditional growth, unless the Board shall have previously committed itself toprovide financial assistance from federal and state funds equal to themaximum amount provided for under § 8 or other applicable sections of theFederal Water Pollution Control Act (P.L. 84-660, as amended), or unless theCommonwealth or political subdivision or authority voluntarily agrees, or isdirected by the Board with the concurrence of the Governor, to proceed withsuch construction, subject to reimbursement under § 8, or other applicablesections of such federal act.
The foregoing restriction shall not apply to those cases where existingsewerage systems or sewage or other waste treatment works cease to perform inaccordance with their approved certificate requirements.
Nothing contained in this chapter shall be construed to empower the Board torequire the Commonwealth, or any political subdivision thereof, to upgradethe level of treatment in any works to a level more stringent than thatrequired by applicable provisions of the Federal Water Pollution Control Act,as amended.
(1971, Ex. Sess., cc. 197, 245; 1973, c. 179; 1975, c. 279; 1981, c. 262.)