Purpose of Notice: The Department of Environmental Quality is seeking comment on the settlement of Case No. CL09002970-00, Chesapeake Bay Foundation and Virginia State Waterman’s Association [“CBF/VSWA”] v. State Water Control Board and Department of Environmental Quality.
Background: CBF/VSWA appealed the decision of the State Water Control Board increasing the nitrogen and phosphorus allocations set forth in the Water Quality Management Planning Regulation (9VAC25-720) for the wastewater treatment facility owned by Merck & Company, Inc., located in Rockingham County. Additional information on the Board decision is available at http://townhall.virginia.gov/L/viewstage.cfm?stageid=5142&display=documents
Legal counsel for the parties have developed a settlement of the case which includes the Board approved waste load allocations of 43,835 pounds/year of total nitrogen and 4,384 pounds/year of total phosphorus for the Merck – Stonewall Wastewater Treatment Plant. The settlement also addresses how the results of an on-going full-scale optimal treatment study at the Merck wastewater treatment facility will be addressed. The settlement clarifies the study may result in further consideration of the approved waste load allocations; however, such consideration needs to be consistent with the Chesapeake Bay TMDL approved by the U.S. Environmental Protection Agency.
Public Comment Period: The comment period begins immediately and will end March 4, 2011. 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 State Water Control Board, Chesapeake Bay Foundation, Virginia State Waterman’s Association and the court.