Virginia Regulatory Town Hall
Department of Environmental Quality
State Water Control Board

General Notice
Notice of Public Comment Period - Settlement of Chesapeake Bay Foundation and Virginia State Waterman’s Association v. Department of Environmental Quality and State Water Control Board
Date Posted: 2/11/2011
Expiration Date: 3/4/2011
Submitted to Registrar for publication: NO
No comment forum defined for this notice.


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
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.

Contact Information
Name / Title: Alan Pollock 
Address: 629 East Main Street
P.O. Box 1105
Richmond, 23218
Email Address:
Telephone: (804)698-4002    FAX: (804)698-4116    TDD: ()-