A. Except as provided in subsection B, the only nonpoint nutrient credits that shall be transferred pursuant to either (i) § 62.1-44.15:35 or (ii) subsections B, C, and D of § 62.1-44.19:21 are nutrient credits generated by the private sector, including credits generated by the private sector pursuant to an agreement with a public body.
B. Other than for purposes of subsection A of § 62.1-44.19:21, nutrient credits or sediment credits generated by a project undertaken by a public body, including a locality, and certified by the Department shall be used only by such public body and only for the purpose of compliance with the provisions of this chapter by such public body's project. For the purposes of this subsection, the term "public body's project" means a project for which the public body is the named permittee and for which no third party conducts any lease, sale, grant, transfer, or use of the project or its nutrient or sediment credits.
C. Any publicly owned treatment works that is permitted under the Watershed General Virginia Pollutant Discharge Elimination System (VPDES) Permit pursuant to § 62.1-44.19:14 and is constructing or expanding the treatment works, wastewater collection system, or other facility used for public wastewater utility operations may, as an alternative to acquiring and using certain perpetual nutrient credits pursuant to subsection B of § 62.1-44.19:21, permanently retire a portion of its wasteload allocation if (i) notice is given by such applicant to the Department, (ii) a ratio of 10 pounds of nitrogen allocation for each pound of phosphorous allocation retired is also permanently retired and applied toward the land-disturbing project, and (iii) the general permit registration list is modified to reflect the permanent retirement of the wasteload allocation. Except for a water reclamation and reuse project at a treatment works, no more than 10 pounds per year of phosphorous allocation may be applied toward a single project's postconstruction phosphorus control requirement.
D. Nothing in this section shall be construed to prevent any (i) public body, including a locality, from entering into an agreement with a private third party for the development of a project to generate nonpoint nutrient credits on terms and conditions upon which the public body and private third party agree or (ii) locality from operating a locality pollutant loading pro rata share program for nutrient reductions established pursuant to § 15.2-2243.
2020, cc. 1102, 1103.
Structure Code of Virginia
Title 62.1 - Waters of the State, Ports and Harbors
Chapter 3.1 - State Water Control Law
§ 62.1-44.2. Short title; purpose
§ 62.1-44.3:1. Certified mail; subsequent mail or notices may be sent by regular mail
§ 62.1-44.4. Control by Commonwealth as to water quality
§ 62.1-44.6. Chapter supplementary to existing laws
§ 62.1-44.6:1. Permit rationale
§ 62.1-44.8. Number, appointment and terms of members
§ 62.1-44.9. Qualifications of members
§ 62.1-44.12. Records of proceedings; special orders, standards, policies, rules and regulations
§ 62.1-44.13. Inspections and investigations, etc.
§ 62.1-44.14. Chairman; Executive Director; employment of personnel; supervision; budget preparation
§ 62.1-44.15:01. Further duties of Board; localities particularly affected
§ 62.1-44.15:03. Disposal of fill; notice to locality
§ 62.1-44.15:1.1. Special orders; penalties
§ 62.1-44.15:1.2. Lake level contingency plans
§ 62.1-44.15:2. Extraordinary hardship program
§ 62.1-44.15:3. When application for permit considered complete
§ 62.1-44.15:4. Notification of local governments and property owners
§ 62.1-44.15:4.1. Listing and notice of confirmed oil releases and discharges
§ 62.1-44.15:5.01. Coordinated review of water resources projects
§ 62.1-44.15:5.02. Low-flow protections in Potomac River
§ 62.1-44.15:5.1. General permit for certain water quality improvement activities
§ 62.1-44.15:5.2. General permits for ready-mix concrete plant discharges
§ 62.1-44.15:6. Permit fee regulations
§ 62.1-44.15:7. Permit Program Fund established; use of moneys
§ 62.1-44.15:8. Conformance with federal requirements
§ 62.1-44.15:20. Virginia Water Protection Permit
§ 62.1-44.15:21. Impacts to wetlands
§ 62.1-44.15:23. Wetland and stream mitigation banks
§ 62.1-44.15:23.1. Wetland and Stream Replacement Fund established
§ 62.1-44.15:26.1. Termination of Construction General Permit coverage
§ 62.1-44.15:27.2. Rural Tidewater localities; water quantity technical criteria; tiered approach
§ 62.1-44.15:27.3. Acceptance of signed and sealed plan in lieu of local plan review
§ 62.1-44.15:27.4. Department acceptance of plans in lieu of plan review
§ 62.1-44.15:28.1. Pollutant removal by dredging
§ 62.1-44.15:29.2. Stormwater Local Assistance Fund, estimate of requests
§ 62.1-44.15:41. (For expiration date - see notes) Private rights; liability
§ 62.1-44.15:41. (For effective date - see notes) Liability of common interest communities
§ 62.1-44.15:49.1. MS4 industrial and high-risk programs
§ 62.1-44.15:51. (For expiration date - see notes) Definitions
§ 62.1-44.15:51. (For effective date - see notes) Definitions
§ 62.1-44.15:53. Certification of program personnel
§ 62.1-44.15:55.1. Department review of erosion and sediment control plans for solar projects
§ 62.1-44.15:56.1. Department acceptance of plans in lieu of plan review
§ 62.1-44.15:62. Judicial appeals
§ 62.1-44.15:66. No limitation on authority of Department of Energy
§ 62.1-44.15:67. Cooperative state-local program
§ 62.1-44.15:70. Exclusive authority of Board to institute legal actions
§ 62.1-44.15:72. Board to develop criteria
§ 62.1-44.15:73. Local government authority
§ 62.1-44.15:75. Local governments outside of Tidewater Virginia may adopt provisions
§ 62.1-44.15:76. Local government requirements for water quality protection
§ 62.1-44.15:77. Effect on other governmental authority
§ 62.1-44.15:78. State agency consistency
§ 62.1-44.15:79. Vested rights protected
§ 62.1-44.15:80. Findings and purpose
§ 62.1-44.15:81. Application and preparation of draft certification conditions
§ 62.1-44.15:82. Public notice of draft certification conditions
§ 62.1-44.15:83. Requests for public hearing, hearings, and final decisions procedures
§ 62.1-44.15:84. Requests for modification or revocation; public notice
§ 62.1-44.16. Industrial wastes
§ 62.1-44.16:1. Local enforcement of industrial waste permits
§ 62.1-44.17:1. Permits for confined animal feeding operations
§ 62.1-44.17:1.1. Poultry waste management program
§ 62.1-44.17:3. Toxic substances reduction in state waters; report required
§ 62.1-44.17:4. Evaluation of toxics removal and remediation technology
§ 62.1-44.18:2. When Board may prohibit discharge; permits
§ 62.1-44.19. Approval of sewerage systems and sewage treatment works
§ 62.1-44.19:1. Prohibiting sewage discharge under certain conditions in Virginia Beach
§ 62.1-44.19:3.1. Certification of sewage sludge land applicators
§ 62.1-44.19:3.2. Local enforcement of sewage sludge regulations
§ 62.1-44.19:3.3. Septage disposal
§ 62.1-44.19:3.4. Notification of local governing bodies
§ 62.1-44.19:5. Water quality monitoring and reporting
§ 62.1-44.19:6. Citizen right-to-know provisions
§ 62.1-44.19:7. Plans to address impaired waters
§ 62.1-44.19:8. Control of discharges to toxic-impaired water
§ 62.1-44.19:9. Transmission of toxics information
§ 62.1-44.19:10. Assessment of sources of toxic contamination
§ 62.1-44.19:11. Citizen water quality monitoring program
§ 62.1-44.19:12. Legislative findings and purposes
§ 62.1-44.19:14. Watershed general permit for nutrients
§ 62.1-44.19:15. New or expanded facilities
§ 62.1-44.19:16. Technology-based standards and effluent limitations
§ 62.1-44.19:18. Nutrient allocation compliance and reporting
§ 62.1-44.19:19. Program audits
§ 62.1-44.19:21. Nutrient credit use by regulated entities
§ 62.1-44.19:21.1. Sediment credit use by regulated MS4s
§ 62.1-44.19:21.2. Nutrient and sediment credit generation and transfer; public body
§ 62.1-44.19:22. Enforcement and penalties
§ 62.1-44.19:20. (Contingent expiration date - See Editor's note) Nutrient credit certification
§ 62.1-44.19:20. (Contingent effective date - See Editor's note) Nutrient credit certification
§ 62.1-44.20. Right to entry to obtain information, etc.
§ 62.1-44.21. Information to be furnished to Board
§ 62.1-44.23:1. Intervention of Commonwealth in actions involving surface water withdrawals
§ 62.1-44.24. Testing validity of regulations; judicial review
§ 62.1-44.27. Rules of evidence in hearings
§ 62.1-44.28. Decisions of the Board in hearings pursuant to §§ 62.1-44.15 and 62.1-44.25
§ 62.1-44.30. Appeal to Court of Appeals
§ 62.1-44.33. Board to adopt regulations; tidal waters no discharge zones
§ 62.1-44.34:9. Powers and duties of Board
§ 62.1-44.34:11. Virginia Petroleum Storage Tank Fund
§ 62.1-44.34:12. Financial responsibility
§ 62.1-44.34:13. Levy of fee for Fund maintenance
§ 62.1-44.34:15. Oil discharge contingency plans
§ 62.1-44.34:15.1. Regulations for aboveground storage tanks
§ 62.1-44.34:16. Financial responsibility for vessels and facilities
§ 62.1-44.34:18. Discharge of oil prohibited; liability for permitting discharge
§ 62.1-44.34:19. Reporting of discharge
§ 62.1-44.34:19.1. Registration of aboveground storage tanks
§ 62.1-44.34:19.2. Recordkeeping and access to records and facilities
§ 62.1-44.34:20. Enforcement and penalties
§ 62.1-44.34:21. Administrative fees
§ 62.1-44.34:22. Applicability of Administrative Process Act
§ 62.1-44.34:25. Virginia Spill Response Council created; purpose; membership
§ 62.1-44.34:26. Responsibilities of the Council