Bill Text: VA HB562 | 2022 | Regular Session | Enrolled
Bill Title: Conservation and natural resources; sections not set out, technical revisions.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2022-04-08 - Governor: Acts of Assembly Chapter text (CHAP0235) [HB562 Detail]
Download: Virginia-2022-HB562-Enrolled.html
Be it enacted by the General Assembly of Virginia:
1. That §§10.1-408, 10.1-411.1, 10.1-412, 28.2-1309, 28.2-1409, 29.1-610, 62.1-44.19:1, and 62.1-44.19:2 of the Code of Virginia are amended and reenacted as follows:
§10.1-408. Uses not affected by scenic river designation.
A. Except as provided in §10.1-407, all riparian land and water uses along or in the designated section of a river that are permitted by law shall not be restricted by this chapter.
B. Designation as a scenic river shall not be used:
1. To designate the lands along the river and its tributaries as unsuitable for mining pursuant to §45.2-1028 or regulations promulgated with respect to such section, or as unsuitable for use as a location for a surface mineral mine as defined in §45.2-1101; however, the Department shall still be permitted to exercise the powers granted under §10.1-402; or
2. To be a criterion for purposes of imposing water quality standards under the federal Clean Water Act.
C. Nothing in this chapter shall preclude the federal government, the Commonwealth, or a locality or local governing body from using, constructing, reconstructing, replacing, repairing, operating, or performing necessary maintenance on any road or bridge.
D. Nothing in §10.1-414 or 10.1-418.6 shall preclude the Commonwealth or a local governing body or authority from constructing, reconstructing, operating, or performing necessary maintenance on any transportation or public water supply project.
E. Nothing in this chapter shall preclude the continued:
1. Use, operation, and maintenance of the existing Loudoun County Sanitation Authority water impoundment or the installation of new water intake facilities in the existing reservoir located within the section of Goose Creek designated by §10.1-411;
2. Operation and maintenance of existing dams in the section of the Rappahannock River designated by §10.1-415;
3. Operation, maintenance, alteration, expansion, or
destruction of the Embrey Dam or its appurtenances by the City of
Fredericksburg, including of the old VEPCO canal and the
existing City Reservoir behind the Embrey Dam, or any other part of the
City's city's waterworks; or
4. Operation and maintenance of existing dams in the section of the Clinch River designated by §10.1-410.2.
F. The City of Richmond shall be allowed to reconstruct, operate, and maintain existing facilities at the Byrd Park and Hollywood Hydroelectric Power Stations at current capacity. Nothing in this chapter shall be construed to prevent the Commonwealth, the City of Richmond, or any common carrier railroad from constructing or reconstructing floodwalls or public common carrier facilities that may traverse the section of the James River designated by §10.1-412, such as road or railroad bridges, raw water intake structures, or water or sewer lines that would be constructed below water level.
G. The owner of the Harvell Dam in the City of Petersburg may construct, reconstruct, operate, and maintain the Harvell Dam subject to other law and regulation.
H. Nothing in this chapter shall preclude the Commonwealth, the City of Fredericksburg, or the County of Stafford, Spotsylvania, or Culpeper from constructing any new raw water intake structures or devices, including pipes and reservoirs but not dams, or laying water or sewer lines below water level.
I. Nothing in this chapter shall:
1. Preclude the construction, operation, repair, maintenance, or replacement of (i) a natural gas pipeline for which the State Corporation Commission has issued a certificate of public convenience and necessity or any connections with such pipeline owned by the Richmond Gas Utility and connected to such pipeline or (ii) the natural gas pipeline, case number PUE 860065, for which the State Corporation Commission has issued a certificate of public convenience and necessity; or
2. Be construed to prevent the construction, use, operation, and maintenance of a natural gas pipeline (i) traversing the portion of the river designated by §10.1-411.1 at, or at any point north of, the existing power line that is located approximately 200 feet north of the northern entrance to the Swede Tunnel or (ii) on or beneath the two existing railroad trestles, one located just south of the Swede Tunnel and the other located just north of the confluence of the Guest River with the Clinch River, or to prevent the use, operation, and maintenance of such railroad trestles in furtherance of the construction, operation, use, and maintenance of such pipeline.
§10.1-411.1. Guest State Scenic River.
The Clinch River from the Route 58 bridge in St. Paul to
the junction with the Guest River, a distance of approximately 9.2 miles, and a
segment of the Guest River in Wise County, from a point 100 feet downstream
from the Route 72 bridge to its confluence with the Clinch River, a distance of
approximately 6.5 miles, are is hereby designated as the
Clinch-Guest Guest State Scenic River, a component of the Virginia
Scenic Rivers System.
§10.1-412. Historic Falls of the James State Scenic River.
The Historic Falls of the James from Orleans Street
extended in the City of Richmond westward to, from the
western 1970 corporate limits of the city to Orleans Street extended, a
distance of approximately eight miles, is hereby designated as the Historic
Falls of the James State Scenic River, a component of the Virginia Scenic
Rivers System.
§28.2-1309. Emergency sand grading activities on nonvegetated wetlands located on the Atlantic Shoreline of Virginia Beach.
A. As used in this section, "emergency" means a sudden and unforeseeable occurrence or condition of such disastrous severity or magnitude that governmental action beyond that authorized by existing law is required because governmental inaction for the period required to amend the law to meet the exigency would cause immediate and irrevocable harm to the citizens or a portion of the citizenry of the Commonwealth.
B. Notwithstanding the provisions of §28.2-1302, sand
grading activities are permitted on nonvegetated wetlands located on the
Atlantic Shoreline of the City of Virginia Beach if (i) such activities are otherwise
permitted by law, and if (ii) the city manager has
declared an emergency and has issued a permit for this such
purpose. Such activities may be conducted without advance notice and hearing;
however, the city manager, upon request and after reasonable notice as
to time and place, the city manager shall hold a hearing to affirm,
modify, amend, or cancel such emergency permit. "Emergency," as
used in this section, means a sudden and unforeseeable occurrence or condition
of such disastrous severity or magnitude that governmental action beyond that
authorized by existing law is required because governmental inaction for the
period required to amend the law to meet the exigency would work immediate and
irrevocable harm upon the citizens or a portion of the citizenry of the
Commonwealth.
§28.2-1409. Emergency sand grading activities on sand dunes located on the Atlantic Shoreline of Virginia Beach.
A. As used in this section, "emergency" means a sudden and unforeseeable occurrence or condition of such disastrous severity or magnitude that governmental action beyond that authorized by existing law is required because governmental inaction for the period required to amend the law to meet the exigency would cause immediate and irrevocable harm to the citizens or a portion of the citizenry of the Commonwealth.
B. Notwithstanding the provisions of §28.2-1403, sand
grading activities are permitted on coastal primary sand dunes located on the
Atlantic Shoreline of the City of Virginia Beach if (i) such activities are
otherwise permitted by law, and if (ii) the city manager
has declared an emergency and has issued a permit for this such
purpose. Such activities may be conducted without advance notice and hearing;
however, the city manager, upon request and after reasonable notice as
to time and place, the city manager shall hold a hearing to affirm,
modify, amend, or cancel such emergency permit. "Emergency," as
used in this section, means a sudden and unforeseeable occurrence or condition
of such disastrous severity or magnitude that governmental action beyond that
authorized by existing law is required because governmental inaction for the
period required to amend the law to meet the exigency would work immediate and
irrevocable harm upon the citizens or a portion of the citizenry of the
Commonwealth.
§29.1-610. Portion of James River a no-hunting area.
The James River, downstream from Bosher's Dam downstream
to the Interstate 95 bridge, is hereby declared a no
hunting no-hunting area. It shall be is unlawful to
take, attempt to take, or pursue wildlife within this such area;
however, fishing in this such area shall be is permitted
as otherwise authorized by law.
§62.1-44.19:1. Prohibiting sewage discharge under certain conditions in Virginia Beach.
Whenever If the Board or the State Department of
Health or the State Water Control Board determines that a receiving
stream in the City of Virginia Beach is being polluted by the sewage
discharge from a private or public sewage utility, and that it is
possible to connect such utility to the sewage system of a municipality, sewage
treatment authority, or sanitation district, the Board is hereby empowered
to may order the utility in the City of Virginia Beach to
stop such discharge into the receiving stream. The utility shall discontinue the
said such discharge within one year of such order by providing either
by (i) adequate treatment as determined by the Board or the
State Department of Health or Water Control Board, or by (ii) a
connection to central facilities, either of which is to occur within one
year.
§62.1-44.19:2. Additional requirements on sewage discharge in the Cities of Chesapeake, Hampton, Newport News, Norfolk, and Virginia Beach.
On and after A. Beginning January one,
nineteen hundred seventy-three, all 1, 1973, every sewage pumping
stations station in the Cities of Chesapeake, Newport
News, Hampton, Newport News, Norfolk, and Virginia Beach shall:
(a) have 1. Have adequate personnel on call at
all times, each of whom may serve multiple pumping stations, as prescribed by
the Chesapeake, Newport News, Hampton, Newport News, Norfolk
and, or Virginia Beach City Councils Council,
respectively;
(b) be 2. As prescribed by the Board, be inspected
at such intervals and maintain such records of inspection as shall be
prescribed by the Board, which. Such records shall be open for
review by the Board or its representatives at any reasonable time it shall
designate designates;
(c) have 3. Have an automatic alarm system
installed to give immediate warning of any pump station failure;
(d) have 4. Have emergency pump connections
installed and have portable pumps available to pump sewage to downstream sewer
lines during periods any period of pump station failure;
(e) not 5. Not use, except in an
emergency pursuant to regulations as provided by the Board, any overflow
lines line from any such pumping stations, station
except as provided in subsection (d) herein subdivision 4.
B. Any sewerage system within the cities City
of Chesapeake, Newport News, Hampton, Newport News, Norfolk
and, or Virginia Beach which that complies with the requirements
of this section shall be is deemed to meet the requirements for
continuous operability as set forth in regulations of the Board or the State
Department of Health or the State Water Control Board.
