§ 62.1-44.19:14. Watershed general permit for nutrients.
A. By January 1, 2006, or as soon thereafter as possible, the Board shallissue a Watershed General Virginia Pollutant Discharge Elimination SystemPermit, hereafter referred to as the general permit, authorizing point sourcedischarges of total nitrogen and total phosphorus to the waters of theChesapeake Bay and its tributaries. Except as otherwise provided in thisarticle, the general permit shall control in lieu of technology-based, waterquality-based, and best professional judgment, interim or final effluentlimitations for total nitrogen and total phosphorus in individual VirginiaPollutant Discharge Elimination System permits for facilities covered by thegeneral permit where the effluent limitations for total nitrogen and totalphosphorus in the individual permits are based upon standards, criteria,waste load allocations, policy, or guidance established to restore or protectthe water quality and beneficial uses of the Chesapeake Bay or its tidaltributaries.
B. This section shall not be construed to limit or otherwise affect theBoard's authority to establish and enforce more stringent water quality-basedeffluent limitations for total nitrogen or total phosphorus in individualpermits where those limitations are necessary to protect local water quality.The exchange or acquisition of credits pursuant to this article shall notaffect any requirement to comply with such local water quality-basedlimitations.
C. The general permit shall contain the following:
1. Waste load allocations for total nitrogen and total phosphorus for eachpermitted facility expressed as annual mass loads. The allocations for eachpermitted facility shall reflect the applicable individual waterquality-based total nitrogen and total phosphorus waste load allocations. Anowner or operator of two or more facilities located in the same tributary mayapply for and receive an aggregated waste load allocation for total nitrogenand an aggregated waste load allocation for total phosphorus for multiplefacilities reflecting the total of the water quality-based total nitrogen andtotal phosphorus waste load allocations established for such facilitiesindividually;
2. A schedule requiring compliance with the combined waste load allocationsfor each tributary as soon as possible taking into account (i) opportunitiesto minimize costs to the public or facility owners by phasing in theimplementation of multiple projects; (ii) the availability of requiredservices and skilled labor; (iii) the availability of funding from theVirginia Water Quality Improvement Fund as established in § 10.1-2128, theVirginia Water Facilities Revolving Fund as established in § 62.1-225, andother financing mechanisms; (iv) water quality conditions; and (v) otherrelevant factors. Following receipt of the compliance plans required bysubdivision C 3, the Board shall reevaluate the schedule taking into accountthe information in the compliance plans and the factors in this subdivision,and may modify the schedule as appropriate;
3. A requirement that within nine months after the initial effective date ofthe general permit, the permittees shall either individually or through theAssociation submit compliance plans to the Department for approval. Thecompliance plans shall contain, at a minimum, any capital projects andimplementation schedules needed to achieve total nitrogen and phosphorusreductions sufficient to comply with the individual and combined waste loadallocations of all the permittees in the tributary. The compliance plans mayrely on the exchange of point source credits in accordance with this article,but not the acquisition of credits through payments authorized by §62.1-44.19:18, to achieve compliance with the individual and combined wasteload allocations in each tributary. The compliance plans shall be updatedannually and submitted to the Department no later than February 1 of eachyear;
4. Such monitoring and reporting requirements as the Board deems necessary tocarry out the provisions of this article;
5. A procedure that requires every owner or operator of a facility authorizedby a Virginia Pollutant Discharge Elimination System permit to discharge100,000 gallons or more per day, or an equivalent load, directly into tidalwaters, or 500,000 gallons or more per day, or an equivalent load, directlyinto nontidal waters, to secure general permit coverage by filing aregistration statement with the Department within a specified period aftereach effective date of the general permit. The procedure shall also requireany owner or operator of a facility authorized by a Virginia PollutantDischarge Elimination System permit to discharge 40,000 gallons or more perday, or an equivalent load, directly into tidal or nontidal waters to securegeneral permit coverage by filing a registration statement with theDepartment at the time he makes application with the Department for a newdischarge or expansion that is subject to an offset or technology-basedrequirement in § 62.1-44.19:15, and thereafter within a specified period oftime after each effective date of the general permit. The procedure shallalso require any owner or operator of a facility with a discharge that issubject to an offset requirement in subdivision A 5 of § 62.1-44.19:15 tosecure general permit coverage by filing a registration statement with theDepartment prior to commencing the discharge and thereafter within aspecified period of time after each effective date of the general permit. Thegeneral permit shall provide that any facility authorized by a VirginiaPollutant Discharge Elimination System permit and not required by thissubdivision to file a registration statement shall be deemed to be coveredunder the general permit at the time it is issued, and shall file aregistration statement with the Department when required by this section.Owners or operators of facilities that are deemed to be permitted under thissection shall have no other obligation under the general permit prior tofiling a registration statement and securing coverage under the generalpermit based upon such registration statement;
6. A procedure for efficiently modifying the lists of facilities covered bythe general permit where the modification does not change or otherwise alterany waste load allocation or delivery factor adopted pursuant to the WaterQuality Management Planning Regulation (9 VAC 25-270) or its successor, or anapplicable total maximum daily load. The procedure shall also provide formodifying or incorporating new waste load allocations or delivery factors,including the opportunity for public notice and comment on such modificationsor incorporations; and
7. Such other conditions as the Board deems necessary to carry out theprovisions of this chapter and Section 402 of the federal Clean Water Act (33U.S.C. § 1342).
D. The Board shall maintain and make available to the public a currentlisting, by tributary, of all permittees and permitted facilities under thegeneral permit, together with each permitted facility's total nitrogen andtotal phosphorus waste load allocations, and total nitrogen and totalphosphorus delivery factors.
E. Except as otherwise provided in this article, in the event that there areconflicting or duplicative conditions contained in the general permit and anindividual Virginia Pollutant Discharge Elimination System permit, theconditions in the general permit shall control.
§ 62.1-44.19:14. Watershed general permit for nutrients.
A. By January 1, 2006, or as soon thereafter as possible, the Board shallissue a Watershed General Virginia Pollutant Discharge Elimination SystemPermit, hereafter referred to as the general permit, authorizing point sourcedischarges of total nitrogen and total phosphorus to the waters of theChesapeake Bay and its tributaries. Except as otherwise provided in thisarticle, the general permit shall control in lieu of technology-based, waterquality-based, and best professional judgment, interim or final effluentlimitations for total nitrogen and total phosphorus in individual VirginiaPollutant Discharge Elimination System permits for facilities covered by thegeneral permit where the effluent limitations for total nitrogen and totalphosphorus in the individual permits are based upon standards, criteria,waste load allocations, policy, or guidance established to restore or protectthe water quality and beneficial uses of the Chesapeake Bay or its tidaltributaries.
B. This section shall not be construed to limit or otherwise affect theBoard's authority to establish and enforce more stringent water quality-basedeffluent limitations for total nitrogen or total phosphorus in individualpermits where those limitations are necessary to protect local water quality.The exchange or acquisition of credits pursuant to this article shall notaffect any requirement to comply with such local water quality-basedlimitations.
C. The general permit shall contain the following:
1. Waste load allocations for total nitrogen and total phosphorus for eachpermitted facility expressed as annual mass loads. The allocations for eachpermitted facility shall reflect the applicable individual waterquality-based total nitrogen and total phosphorus waste load allocations. Anowner or operator of two or more facilities located in the same tributary mayapply for and receive an aggregated waste load allocation for total nitrogenand an aggregated waste load allocation for total phosphorus for multiplefacilities reflecting the total of the water quality-based total nitrogen andtotal phosphorus waste load allocations established for such facilitiesindividually;
2. A schedule requiring compliance with the combined waste load allocationsfor each tributary as soon as possible taking into account (i) opportunitiesto minimize costs to the public or facility owners by phasing in theimplementation of multiple projects; (ii) the availability of requiredservices and skilled labor; (iii) the availability of funding from theVirginia Water Quality Improvement Fund as established in § 10.1-2128, theVirginia Water Facilities Revolving Fund as established in § 62.1-225, andother financing mechanisms; (iv) water quality conditions; and (v) otherrelevant factors. Following receipt of the compliance plans required bysubdivision C 3, the Board shall reevaluate the schedule taking into accountthe information in the compliance plans and the factors in this subdivision,and may modify the schedule as appropriate;
3. A requirement that within nine months after the initial effective date ofthe general permit, the permittees shall either individually or through theAssociation submit compliance plans to the Department for approval. Thecompliance plans shall contain, at a minimum, any capital projects andimplementation schedules needed to achieve total nitrogen and phosphorusreductions sufficient to comply with the individual and combined waste loadallocations of all the permittees in the tributary. The compliance plans mayrely on the exchange of point source credits in accordance with this article,but not the acquisition of credits through payments authorized by §62.1-44.19:18, to achieve compliance with the individual and combined wasteload allocations in each tributary. The compliance plans shall be updatedannually and submitted to the Department no later than February 1 of eachyear;
4. Such monitoring and reporting requirements as the Board deems necessary tocarry out the provisions of this article;
5. A procedure that requires every owner or operator of a facility authorizedby a Virginia Pollutant Discharge Elimination System permit to discharge100,000 gallons or more per day, or an equivalent load, directly into tidalwaters, or 500,000 gallons or more per day, or an equivalent load, directlyinto nontidal waters, to secure general permit coverage by filing aregistration statement with the Department within a specified period aftereach effective date of the general permit. The procedure shall also requireany owner or operator of a facility authorized by a Virginia PollutantDischarge Elimination System permit to discharge 40,000 gallons or more perday, or an equivalent load, directly into tidal or nontidal waters to securegeneral permit coverage by filing a registration statement with theDepartment at the time he makes application with the Department for a newdischarge or expansion that is subject to an offset or technology-basedrequirement in § 62.1-44.19:15, and thereafter within a specified period oftime after each effective date of the general permit. The procedure shallalso require any owner or operator of a facility with a discharge that issubject to an offset requirement in subdivision A 5 of § 62.1-44.19:15 tosecure general permit coverage by filing a registration statement with theDepartment prior to commencing the discharge and thereafter within aspecified period of time after each effective date of the general permit. Thegeneral permit shall provide that any facility authorized by a VirginiaPollutant Discharge Elimination System permit and not required by thissubdivision to file a registration statement shall be deemed to be coveredunder the general permit at the time it is issued, and shall file aregistration statement with the Department when required by this section.Owners or operators of facilities that are deemed to be permitted under thissection shall have no other obligation under the general permit prior tofiling a registration statement and securing coverage under the generalpermit based upon such registration statement;
6. A procedure for efficiently modifying the lists of facilities covered bythe general permit where the modification does not change or otherwise alterany waste load allocation or delivery factor adopted pursuant to the WaterQuality Management Planning Regulation (9 VAC 25-270) or its successor, or anapplicable total maximum daily load. The procedure shall also provide formodifying or incorporating new waste load allocations or delivery factors,including the opportunity for public notice and comment on such modificationsor incorporations; and
7. Such other conditions as the Board deems necessary to carry out theprovisions of this chapter and Section 402 of the federal Clean Water Act (33U.S.C. § 1342).
D. The Board shall maintain and make available to the public a currentlisting, by tributary, of all permittees and permitted facilities under thegeneral permit, together with each permitted facility's total nitrogen andtotal phosphorus waste load allocations, and total nitrogen and totalphosphorus delivery factors.
E. Except as otherwise provided in this article, in the event that there areconflicting or duplicative conditions contained in the general permit and anindividual Virginia Pollutant Discharge Elimination System permit, theconditions in the general permit shall control.
§ 62.1-44.19:14. Watershed general permit for nutrients.
A. By January 1, 2006, or as soon thereafter as possible, the Board shallissue a Watershed General Virginia Pollutant Discharge Elimination SystemPermit, hereafter referred to as the general permit, authorizing point sourcedischarges of total nitrogen and total phosphorus to the waters of theChesapeake Bay and its tributaries. Except as otherwise provided in thisarticle, the general permit shall control in lieu of technology-based, waterquality-based, and best professional judgment, interim or final effluentlimitations for total nitrogen and total phosphorus in individual VirginiaPollutant Discharge Elimination System permits for facilities covered by thegeneral permit where the effluent limitations for total nitrogen and totalphosphorus in the individual permits are based upon standards, criteria,waste load allocations, policy, or guidance established to restore or protectthe water quality and beneficial uses of the Chesapeake Bay or its tidaltributaries.
B. This section shall not be construed to limit or otherwise affect theBoard's authority to establish and enforce more stringent water quality-basedeffluent limitations for total nitrogen or total phosphorus in individualpermits where those limitations are necessary to protect local water quality.The exchange or acquisition of credits pursuant to this article shall notaffect any requirement to comply with such local water quality-basedlimitations.
C. The general permit shall contain the following:
1. Waste load allocations for total nitrogen and total phosphorus for eachpermitted facility expressed as annual mass loads. The allocations for eachpermitted facility shall reflect the applicable individual waterquality-based total nitrogen and total phosphorus waste load allocations. Anowner or operator of two or more facilities located in the same tributary mayapply for and receive an aggregated waste load allocation for total nitrogenand an aggregated waste load allocation for total phosphorus for multiplefacilities reflecting the total of the water quality-based total nitrogen andtotal phosphorus waste load allocations established for such facilitiesindividually;
2. A schedule requiring compliance with the combined waste load allocationsfor each tributary as soon as possible taking into account (i) opportunitiesto minimize costs to the public or facility owners by phasing in theimplementation of multiple projects; (ii) the availability of requiredservices and skilled labor; (iii) the availability of funding from theVirginia Water Quality Improvement Fund as established in § 10.1-2128, theVirginia Water Facilities Revolving Fund as established in § 62.1-225, andother financing mechanisms; (iv) water quality conditions; and (v) otherrelevant factors. Following receipt of the compliance plans required bysubdivision C 3, the Board shall reevaluate the schedule taking into accountthe information in the compliance plans and the factors in this subdivision,and may modify the schedule as appropriate;
3. A requirement that within nine months after the initial effective date ofthe general permit, the permittees shall either individually or through theAssociation submit compliance plans to the Department for approval. Thecompliance plans shall contain, at a minimum, any capital projects andimplementation schedules needed to achieve total nitrogen and phosphorusreductions sufficient to comply with the individual and combined waste loadallocations of all the permittees in the tributary. The compliance plans mayrely on the exchange of point source credits in accordance with this article,but not the acquisition of credits through payments authorized by §62.1-44.19:18, to achieve compliance with the individual and combined wasteload allocations in each tributary. The compliance plans shall be updatedannually and submitted to the Department no later than February 1 of eachyear;
4. Such monitoring and reporting requirements as the Board deems necessary tocarry out the provisions of this article;
5. A procedure that requires every owner or operator of a facility authorizedby a Virginia Pollutant Discharge Elimination System permit to discharge100,000 gallons or more per day, or an equivalent load, directly into tidalwaters, or 500,000 gallons or more per day, or an equivalent load, directlyinto nontidal waters, to secure general permit coverage by filing aregistration statement with the Department within a specified period aftereach effective date of the general permit. The procedure shall also requireany owner or operator of a facility authorized by a Virginia PollutantDischarge Elimination System permit to discharge 40,000 gallons or more perday, or an equivalent load, directly into tidal or nontidal waters to securegeneral permit coverage by filing a registration statement with theDepartment at the time he makes application with the Department for a newdischarge or expansion that is subject to an offset or technology-basedrequirement in § 62.1-44.19:15, and thereafter within a specified period oftime after each effective date of the general permit. The procedure shallalso require any owner or operator of a facility with a discharge that issubject to an offset requirement in subdivision A 5 of § 62.1-44.19:15 tosecure general permit coverage by filing a registration statement with theDepartment prior to commencing the discharge and thereafter within aspecified period of time after each effective date of the general permit. Thegeneral permit shall provide that any facility authorized by a VirginiaPollutant Discharge Elimination System permit and not required by thissubdivision to file a registration statement shall be deemed to be coveredunder the general permit at the time it is issued, and shall file aregistration statement with the Department when required by this section.Owners or operators of facilities that are deemed to be permitted under thissection shall have no other obligation under the general permit prior tofiling a registration statement and securing coverage under the generalpermit based upon such registration statement;
6. A procedure for efficiently modifying the lists of facilities covered bythe general permit where the modification does not change or otherwise alterany waste load allocation or delivery factor adopted pursuant to the WaterQuality Management Planning Regulation (9 VAC 25-270) or its successor, or anapplicable total maximum daily load. The procedure shall also provide formodifying or incorporating new waste load allocations or delivery factors,including the opportunity for public notice and comment on such modificationsor incorporations; and
7. Such other conditions as the Board deems necessary to carry out theprovisions of this chapter and Section 402 of the federal Clean Water Act (33U.S.C. § 1342).
D. The Board shall maintain and make available to the public a currentlisting, by tributary, of all permittees and permitted facilities under thegeneral permit, together with each permitted facility's total nitrogen andtotal phosphorus waste load allocations, and total nitrogen and totalphosphorus delivery factors.
E. Except as otherwise provided in this article, in the event that there areconflicting or duplicative conditions contained in the general permit and anindividual Virginia Pollutant Discharge Elimination System permit, theconditions in the general permit shall control.
