HB1205: Discharge deleterious substance in state waters; notice to citizens if detrimental to public health.
Be it enacted by the General Assembly of Virginia:
1. That § 62.1-44.19:6 of the Code of Virginia is amended and reenacted as follows:
§ 62.1-44.19:6. Citizen right-to-know provisions.
A. The Board, based on the information in the 303(d) and 305(b) reports, shall:
1. Request the Department of Game and Inland Fisheries or the Virginia Marine Resources Commission to post notices at public access points to all toxic impaired waters. The notice shall be prepared by the Board and shall contain (i) the basis for the impaired designation and (ii) a statement of the potential health risks provided by the Virginia Department of Health. The Board shall annually notify local newspapers, and persons who request notice, of any posting and its contents. The Board shall coordinate with the Virginia Marine Resources Commission and the Department of Game and Inland Fisheries to assure that adequate notice of posted waters is provided to those purchasing hunting and fishing licenses.
2. Maintain a "citizen hot-line" for citizens to obtain, either telephonically or electronically, information about the condition of waterways, including information on toxics, toxic discharges, permit violations and other water quality related issues.
3. Make information regarding the presence of toxics in fish tissue and sediments available to the public on the Internet and through other reasonable means for at least five years after the information is received by the Department of Environmental Quality. The Department of Environmental Quality shall post on the Internet and in the Virginia Register on or about January 1 and July 1 of each year an announcement of any new data that has been received over the past six months and shall make a copy of the information available upon request.
B. The Board Department of Environmental Quality
shall provide to a the Virginia Department of Health and local
newspaper newspapers, television stations, and radio stations, and shall
disseminate via official social media accounts and email notification lists,
the discharge information reported to the Director of the Department of
Environmental Quality pursuant to subsection B of § 62.1-44.5, when the
Virginia Department of Health determines that the discharge may be detrimental
to the public health or the Board Department determines that the
discharge may impair beneficial uses of state waters.
2. That by December 1, 2020, the Department of Environmental Quality shall report to the General Assembly (i) a protocol that could be used to determine whether a discharge would have a de minimis impact on the beneficial uses of state waters and (ii) a proposed implementation procedure if subsection B of § 62.1-44.19:6 of the Code of Virginia were to be amended to require dissemination to media outlets, social media accounts, and email distribution lists of all discharges reported pursuant to subsection B of § 62.1-44.5 of the Code of Virginia except for those determined to have a de minimis impact on the beneficial uses of state waters. The Department of Environmental Quality shall consult with the Virginia Department of Health in preparing such report.
Be it enacted by the General Assembly of Virginia:
1. That § 62.1-44.19:6 of the Code of Virginia is amended and reenacted as follows:
§ 62.1-44.19:6. Citizen right-to-know provisions.
A. The Board, based on the information in the 303(d) and 305(b) reports, shall:
1. Request the Department of Game and Inland Fisheries or the Virginia Marine Resources Commission to post notices at public access points to all toxic impaired waters. The notice shall be prepared by the Board and shall contain (i) the basis for the impaired designation and (ii) a statement of the potential health risks provided by the Virginia Department of Health. The Board shall annually notify local newspapers, and persons who request notice, of any posting and its contents. The Board shall coordinate with the Virginia Marine Resources Commission and the Department of Game and Inland Fisheries to assure that adequate notice of posted waters is provided to those purchasing hunting and fishing licenses.
2. Maintain a "citizen hot-line" for citizens to obtain, either telephonically or electronically, information about the condition of waterways, including information on toxics, toxic discharges, permit violations and other water quality related issues.
3. Make information regarding the presence of toxics in fish tissue and sediments available to the public on the Internet and through other reasonable means for at least five years after the information is received by the Department of Environmental Quality. The Department of Environmental Quality shall post on the Internet and in the Virginia Register on or about January 1 and July 1 of each year an announcement of any new data that has been received over the past six months and shall make a copy of the information available upon request.
B. The Board Department of Environmental Quality
shall provide to a the Virginia Department of Health and local
newspaper newspapers, television stations, and radio stations, and shall
disseminate via official social media accounts and email notification lists,
the discharge information reported to the Director of the Department of
Environmental Quality pursuant to subsection B of § 62.1-44.5, when the
Virginia Department of Health determines that the discharge may be detrimental
to the public health or the Board Department determines that the
discharge may impair beneficial uses of state waters.
2. That by December 1, 2020, the Department of Environmental Quality shall report to the General Assembly (i) a protocol that could be used to determine whether a discharge would have a de minimis impact on the beneficial uses of state waters and (ii) a proposed implementation procedure if subsection B of § 62.1-44.19:6 of the Code of Virginia were to be amended to require dissemination to media outlets, social media accounts, and email distribution lists of all discharges reported pursuant to subsection B of § 62.1-44.5 of the Code of Virginia except for those determined to have a de minimis impact on the beneficial uses of state waters. The Department of Environmental Quality shall consult with the Virginia Department of Health in preparing such report.
Be it enacted by the General Assembly of Virginia:
1. That § 62.1-44.19:6 of the Code of Virginia is amended and reenacted as follows:
§ 62.1-44.19:6. Citizen right-to-know provisions.
A. The Board, based on the information in the 303(d) and 305(b) reports, shall:
1. Request the Department of Game and Inland Fisheries or the Virginia Marine Resources Commission to post notices at public access points to all toxic impaired waters. The notice shall be prepared by the Board and shall contain (i) the basis for the impaired designation and (ii) a statement of the potential health risks provided by the Virginia Department of Health. The Board shall annually notify local newspapers, and persons who request notice, of any posting and its contents. The Board shall coordinate with the Virginia Marine Resources Commission and the Department of Game and Inland Fisheries to assure that adequate notice of posted waters is provided to those purchasing hunting and fishing licenses.
2. Maintain a "citizen hot-line" for citizens to obtain, either telephonically or electronically, information about the condition of waterways, including information on toxics, toxic discharges, permit violations and other water quality related issues.
3. Make information regarding the presence of toxics in fish tissue and sediments available to the public on the Internet and through other reasonable means for at least five years after the information is received by the Department of Environmental Quality. The Department of Environmental Quality shall post on the Internet and in the Virginia Register on or about January 1 and July 1 of each year an announcement of any new data that has been received over the past six months and shall make a copy of the information available upon request.
B. The Board Department of Environmental Quality
shall provide to a the Virginia Department of Health and local
newspaper newspapers, television stations, and radio stations, and shall
disseminate via official social media accounts and email notification lists,
the discharge information reported to the Director of the Department of
Environmental Quality pursuant to subsection B of § 62.1-44.5 within
12 hours of receipt of such information, when unless the
Virginia Department of Health determines that the discharge may be detrimental
to the public health or the Board determines Department of Environmental
Quality makes an initial determination that the discharge may impair
will have a de minimis impact on the beneficial uses of state waters. If
the Virginia Department of Health determines that the discharge may be
detrimental to the public health, the Department of Environmental Quality shall
provide information regarding such determination to local newspapers,
television stations, and radio stations and disseminate such information via
official social media accounts and email notification lists within 12 hours of
receipt of such determination.
2. That beginning July 1, 2020, the Department of Environmental Quality shall incorporate the provisions of this act into any applicable new or existing permit upon the granting of any such new permit or the renewal or amendment of any such existing permit.
HOUSE BILL NO. 1205
Be it enacted by the General Assembly of Virginia:
1. That §§ 62.1-44.5, as it is currently effective and as it shall become effective, and 62.1-44.19:6 of the Code of Virginia are amended and reenacted as follows:
§ 62.1-44.5. (For expiration date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Prohibition of waste discharges or other quality alterations of state waters except as authorized by permit; notification required.
A. Except in compliance with a certificate or permit issued by the Board or other entity authorized by the Board to issue a certificate or permit pursuant to this chapter, it shall be unlawful for any person to:
1. Discharge into state waters sewage, industrial wastes, other wastes, or any noxious or deleterious substances;
2. Excavate in a wetland;
3. Otherwise alter the physical, chemical or biological properties of state waters and make them detrimental to the public health, or to animal or aquatic life, or to the uses of such waters for domestic or industrial consumption, or for recreation, or for other uses; or
4. On and after October 1, 2001, conduct the following activities in a wetland:
a. New activities to cause draining that significantly alters or degrades existing wetland acreage or functions;
b. Filling or dumping;
c. Permanent flooding or impounding; or
d. New activities that cause significant alteration or degradation of existing wetland acreage or functions.
5. Discharge stormwater into state waters from Municipal Separate Storm Sewer Systems or land disturbing activities.
B. Any person in violation of the provisions of subsection A
who discharges or causes or allows (i) a discharge of sewage, industrial waste,
other wastes or any noxious or deleterious substance into or upon state waters
or (ii) a discharge that may reasonably be expected to enter state waters
shall, upon learning of the discharge, promptly notify, but in no case later
than 24
eight hours the Board,
the Director of the Department of Environmental Quality,
or the coordinator of emergency services appointed pursuant to § 44-146.19 for
the political subdivision reasonably expected to be affected by the discharge.
Written notice to the Director of the Department of Environmental Quality shall
follow initial notice within the time frame specified by the federal Clean
Water Act.
§ 62.1-44.5. (For effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Prohibition of waste discharges or other quality alterations of state waters except as authorized by permit; notification required.
A. Except in compliance with a certificate, land-disturbance approval, or permit issued by the Board or other entity authorized by the Board to issue a certificate, land-disturbance approval, or permit pursuant to this chapter, it shall be unlawful for any person to:
1. Discharge into state waters sewage, industrial wastes, other wastes, or any noxious or deleterious substances;
2. Excavate in a wetland;
3. Otherwise alter the physical, chemical, or biological properties of state waters and make them detrimental to the public health, or to animal or aquatic life, or to the uses of such waters for domestic or industrial consumption, or for recreation, or for other uses;
4. On and after October 1, 2001, conduct the following activities in a wetland:
a. New activities to cause draining that significantly alters or degrades existing wetland acreage or functions;
b. Filling or dumping;
c. Permanent flooding or impounding; or
d. New activities that cause significant alteration or degradation of existing wetland acreage or functions; or
5. Discharge stormwater into state waters from Municipal Separate Storm Sewer Systems or land disturbing activities.
B. Any person in violation of the provisions of subsection A
who discharges or causes or allows (i) a discharge of sewage, industrial waste,
other wastes, or any noxious or deleterious substance into or upon state waters
or (ii) a discharge that may reasonably be expected to enter state waters
shall, upon learning of the discharge, promptly notify, but in no case later
than 24
eight hours the Board,
the Director of the Department of Environmental Quality,
or the coordinator of emergency services appointed pursuant to § 44-146.19 for
the political subdivision reasonably expected to be affected by the discharge.
Written notice to the Director of the Department of Environmental Quality shall
follow initial notice within the time frame specified by the federal Clean
Water Act.
§ 62.1-44.19:6. Citizen right-to-know provisions.
A. The Board, based on the information in the 303(d) and 305(b) reports, shall:
1. Request the Department of Game and Inland Fisheries or the Virginia Marine Resources Commission to post notices at public access points to all toxic impaired waters. The notice shall be prepared by the Board and shall contain (i) the basis for the impaired designation and (ii) a statement of the potential health risks provided by the Virginia Department of Health. The Board shall annually notify local newspapers, and persons who request notice, of any posting and its contents. The Board shall coordinate with the Virginia Marine Resources Commission and the Department of Game and Inland Fisheries to assure that adequate notice of posted waters is provided to those purchasing hunting and fishing licenses.
2. Maintain a "citizen hot-line" for citizens to obtain, either telephonically or electronically, information about the condition of waterways, including information on toxics, toxic discharges, permit violations and other water quality related issues.
3. Make information regarding the presence of toxics in fish tissue and sediments available to the public on the Internet and through other reasonable means for at least five years after the information is received by the Department of Environmental Quality. The Department of Environmental Quality shall post on the Internet and in the Virginia Register on or about January 1 and July 1 of each year an announcement of any new data that has been received over the past six months and shall make a copy of the information available upon request.
B. The Board Department of Environmental Quality
shall provide to a the Virginia Department of Health and
local newspaper
newspapers, television stations, and radio stations, and shall disseminate via commonly
used social media platforms and email notification
lists, the discharge information
reported to the Director of the Department of Environmental Quality pursuant to subsection B of § 62.1-44.5, when the Virginia Department of Health determines
that the discharge may be detrimental to the public health or
the Board determines that the discharge may impair beneficial uses of state
waters within
eight hours of receipt of such determination by
the Department of Environmental Quality. If the Virginia
Department of Health determines that the discharge may be detrimental to the
public health, the Department of Environmental Quality shall provide
information regarding such determination to
the same recipients within eight hours of receipt of such determination.
2. That the Department of Environmental Quality shall incorporate the provisions of this act into any existing, applicable permit upon approval of any renewal or amendment of such permit, and that such provisions shall be incorporated into all permits no later than July 1, 2022.