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030-08BOARD OF SUPERVISORS RESOLUTION SUPPORTING FREDERICK- WINCHESTER SERVICE AUTHORITY NUTRIENT ALLOCATION PETITION AT THE STATE WATER CONTROL BOARD WHEREAS, wastewater generated in Frederick County is reclaimed by the Opequon Water Reclamation Facility owned by the Frederick - Winchester Service Authority; and WHEREAS, Frederick County is a partner in the Frederick - Winchester Service Authority and has made significant capital improvements in the Opequon Water Reclamation Facility; and WHEREAS, Frederick County, through their appointments to the Frederick - Winchester Service Authority Board, has promoted the removal of nutrients from its receiving streams through past upgrades and expansions of the Opequon Water Reclamation Facility including nutrient removal technology as part of one of Virginia's first voluntary Water Quality Improvement Fund projects nearly a decade ago; and WHEREAS, the Frederick - Winchester Service Authority, acting on behalf of the County, as part of the earlier upgrade constructed major biological nutrient removal treatment units with a design capacity of 12.6 million gallons per day (MGD) under with the support of the Department of Environmental Quality; and WHEREAS, the Frederick - Winchester Service Authority, at considerable public expense, is actively constructing the remaining units for a design capacity of 12.6 MGD by December 31, 2010, which will match the design capacity of the existing biological nutrient removal treatment units; and WHEREAS, the Frederick - Winchester Service Authority's petition for nutrient wasteload allocations based on 12.6 MGD is consistent with the criteria the State Water Control Board has applied in making such allocations in the past, including recognition of capital facilities previously constructed and anticipated design capacity as of December 31, 2010. WHEREAS, the Frederick - Winchester Service Authority's petition for nutrient allocations based on 12.6 MGD is consistent with the criteria that the State Water Control Board applied in establishing allocations for over 120 discharging facilities in September and November 2005. WHEREAS, the Virginia Department of Environmental Quality's Technical Advisory Committee has reviewed the Frederick - Winchester Service Authority request for an additional wasteload allocation for the Opequon facility in a favorable light, deeming it to be fairly "straight- forward" and recommending this for State Water Control Board consideration; and WHEREAS, the amendment of the facility's nutrient allocations based on the 12.6 MGD design capacity is important to realize the public investment made in this facility, for fairness and consistency in regulations governing point sources, and for the region's future economic development and prosperity. NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia does hereby support and endorse the Frederick - Winchester Service Authority petition to the State Water Control Board for an additional wasteload allocation for nutrient removal at the Opequon Water Reclamation Facility. The foregoing resolution was adopted by the Board of Supervisors at its meeting on November 12, 2008 by the following roll call vote: VOTE: Richard C. Shickle Aye Bill M. Ewing Aye Gene E. Fisher Aye Philip A. Lemieux Aye Charles S. DeHaven Aye Gary A. Lofton Aye Gary W. Dove Aye John j,. Riley, fr., Clerk, Board of Supervisors, CouilLypffrederick, Virginia Resolution #030 -08