62.1-44.19:7 - Plans to address impaired waters
§ 62.1-44.19:7. Plans to address impaired waters.
A. The Board shall develop and implement a plan to achieve fully supportingstatus for impaired waters, except when the impairment is established asnaturally occurring. The plan shall include the date of expected achievementof water quality objectives, measurable goals, the corrective actionsnecessary, and the associated costs, benefits, and environmental impact ofaddressing impairment and the expeditious development and implementation oftotal maximum daily loads when appropriate and as required pursuant tosubsection C.
B. The plan required by subsection A shall include, but not be limited to,the promulgation of water quality standards for those substances: (i) listedon the Chesapeake Bay Program's "toxics of concern" list as of January 1,1997; (ii) listed by the USEPA Administrator pursuant to § 307 (a) of theClean Water Act; or (iii) identified by the Board as having a particularlyadverse effect on state water quality or living resources. The standardsshall be promulgated pursuant to a schedule established by the Boardfollowing public notice and comment. Standards shall be adopted according toapplicable federal criteria or standards unless the Board determines that anadditional or more stringent standard is necessary to protect public health,aquatic life or drinking water supplies.
C. The plan required by subsection A shall, upon identification by the Boardof impaired waters, establish a priority ranking for such waters, taking intoaccount the severity of the pollution and the uses to be made of such waters.The Board shall develop and implement pursuant to a schedule total maximumdaily loads of pollutants that may enter the water for each impaired waterbody as required by the Clean Water Act.
D. The plan required by subsection A shall, upon identification by the Boardof toxic-impaired waters, include provisions as required by § 62.1-44.19:8.
E. If an aggrieved party presents to the Board reasonable grounds indicatingthat the attainment of the designated use for a water is not feasible, thenthe Board, after public notice and at least 30 days provided for publiccomment, may allow the aggrieved party to conduct a use attainabilityanalysis according to criteria established pursuant to the Clean Water Actand a schedule established by the Board. If applicable, the schedule shallalso address whether TMDL development or implementation for the water shouldbe delayed.
(1997, c. 519; 2006, c. 154.)