SB766: Citizen water quality monitoring; use as evidence in enforcement actions.
SENATE BILL NO. 766
Be it enacted by the General Assembly of Virginia:
1. That § 62.1-44.19:11 of the Code of Virginia is amended and reenacted as follows:
§ 62.1-44.19:11. Citizen water quality monitoring program.
A. The Department of Environmental
Quality shall establish a citizen water quality monitoring
program to provide technical assistance and may provide grants to support
citizen water quality monitoring groups if (i) the monitoring is done pursuant
to a memorandum of agreement with the Department, (ii) the project or activity
is consistent with the Department of
Environmental Quality's
Department's water quality monitoring program, (iii) the
monitoring is conducted in a manner consistent with the Virginia Citizens
Monitoring Methods Manual, and (iv) the location of the water quality
monitoring activity is part of the water quality control plan required under §
62.1-44.19:5. The results of such citizen monitoring
shall not, where credible or
corroborated by other evidence, may
be used as evidence in any an enforcement action at the discretion of the Department.
B. When conducting a regulatory action that relates to water quality, the Department shall consider water monitoring data collected by a citizen group, regardless of whether such data conforms to the requirements of this section.
C. It shall be the goal of the Department to encourage citizen water quality monitoring so that 3,000 stream miles are monitored by volunteer citizens by 2010.