Purpose of Notice: The Department of Environmental Quality is seeking comment on the settlement of Case No. CL090004007-00, Frederick-Winchester Service Authority (FWSC) v. State Water Control Board and Department of Environmental Quality. 

 

Background: The FWSA appealed the decision of the State Water Control Board denying a FWSA request for an increase in the nitrogen and phosphorus allocations for the Opequon Wastewater Treatment Facility set forth in the Water Quality Management Planning Regulation (9VAC25-720). Additional information on the denial is available at http://townhall.virginia.gov/L/ViewAction.cfm?actionid=2432.

 

The State Water Control Board, at its meeting on September 27-28, 2010, based on advice of legal counsel, approved a settlement of the case which would establish allocations for the Opequon Wastewater Treatment Facility based on 3 mg/l nitrogen and 0.3 mg/l phosphorus at 12.6 MGD. On that basis, the resulting allocations for the facility would be 121,851 lbs/yr nitrogen (115,122 lbs/year plus the already allocated 6,729 lbs/year for the landfill) and 11,512 lbs/year phosphorus. 

 

Public Comment Period: The comment period begins immediately and will end October 12, 2010. Following the comment period, the Department of Environmental Quality will prepare a summary of the comments and provide both the comments and the summary to the Frederick-Winchester Service Authority and the court.