§ 62.1-44.19:18. Nutrient allocation compliance and reporting.
A. Each permitted facility shall be in compliance with its individual wasteload allocations if: (i) its annual mass load is less than the applicablewaste load allocation assigned to the facility in the general permit; (ii)the permitted facility acquires sufficient point source nitrogen orphosphorus credits in accordance with subdivision A 1; or (iii) in the eventit is unable to meet the individual waste load allocation pursuant to clauses(i) or (ii), the permitted facility acquires sufficient nitrogen orphosphorus credits through payments made in accordance with subdivision A 2;provided, however, that the acquisition of nitrogen or phosphorus creditspursuant to this section shall not alter or otherwise affect the individualwaste load allocations for each permitted facility.
1. A permittee may acquire point source nitrogen or phosphorus credits fromone or more permitted facilities only if (i) the credits are generated andapplied to a compliance obligation in the same calendar year, (ii) thecredits are generated by one or more permitted facilities in the sametributary, except that permitted facilities in the Eastern Shore basin mayalso acquire credits from permitted facilities in the Potomac andRappahannock tributaries, (iii) the credits are acquired no later than June 1immediately following the calendar year in which the credits are applied, and(iv) no later than June 1 immediately following the calendar year in whichthe credits are applied, the permittee certifies on a form supplied by theDepartment that he has acquired sufficient credits to satisfy his complianceobligations.
2. A permittee may acquire nitrogen or phosphorus credits through paymentsmade into the Virginia Water Quality Improvement Fund established in §10.1-2128 only if, no later than June 1 immediately following the calendaryear in which the credits are applied, the permittee certifies on a formsupplied by the Department that he has diligently sought, but has been unableto acquire, sufficient credits to satisfy his compliance obligations throughthe acquisition of point source nitrogen or phosphorus credits with otherpermitted facilities in the same tributary, and that he has acquiredsufficient credits to satisfy his compliance obligations through one or morepayments made in accordance with the terms of the general permit.
B. Until such time as the Board finds that no credits are reasonablyavailable in an individual tributary, the general permit shall provide forthe acquisition of nitrogen and phosphorus credits through payments into theVirginia Water Quality Improvement Fund in accordance with subdivision A 2.Such payments shall be promptly applied to achieve equivalent point ornonpoint source reductions in the same tributary beyond those reductionsalready required by or funded under federal or state law, or the Virginiatributaries strategies plans. The general permit shall base the cost of eachnitrogen or phosphorus credit on the average cost of reducing one pound ofnitrogen or phosphorus from Virginia publicly owned wastewater treatmentfacilities for each credit acquired. Upon each reissuance of the generalpermit, the Board may adjust the cost of each nitrogen and phosphorus creditbased on (i) the current average cost of reducing a pound of nitrogen orphosphorus from Virginia publicly owned wastewater treatment facilities foreach credit acquired and (ii) any additional incentives reasonably necessaryto ensure that there is timely and continuing progress toward attaining andmaintaining each tributary's combined waste load allocation.
C. On or before February 1, annually, each permittee shall eitherindividually or through the Association file a report with the Department.The report shall identify (i) the annual mass load of total nitrogen and theannual mass load of total phosphorus discharged by each permitted facilityduring the previous calendar year, (ii) the delivered total nitrogen load anddelivered total phosphorus load discharged by each permitted facility duringthe previous year, and (iii) the number of total nitrogen and totalphosphorus credits for the previous calendar year to be purchased or sold bythe permittee. The report shall contain the certification required by federaland state law and be signed by each permittee for each of the permittee'sfacilities covered by the general permit.
D. On or before April 1, annually, the Department shall prepare a reportcontaining the annual mass load of total nitrogen and annual mass load oftotal phosphorus discharged by each permitted facility, the number of pointsource nitrogen and phosphorus credits for the previous calendar year forsale or purchase by each such facility, and to the extent there areinsufficient point source credits available for exchange to provide for fullcompliance by every permittee, the number of credits to be purchased pursuantto this section. Upon completion of the report, the Department shall promptlypublish notice of the report and make the report available to any personrequesting it.
E. On or before July 1, annually, the Department shall publish notice of allnitrogen and phosphorus credit exchanges and purchases for the previouscalendar year and make all documents relating to the exchanges and purchasesavailable to any person requesting them.
§ 62.1-44.19:18. Nutrient allocation compliance and reporting.
A. Each permitted facility shall be in compliance with its individual wasteload allocations if: (i) its annual mass load is less than the applicablewaste load allocation assigned to the facility in the general permit; (ii)the permitted facility acquires sufficient point source nitrogen orphosphorus credits in accordance with subdivision A 1; or (iii) in the eventit is unable to meet the individual waste load allocation pursuant to clauses(i) or (ii), the permitted facility acquires sufficient nitrogen orphosphorus credits through payments made in accordance with subdivision A 2;provided, however, that the acquisition of nitrogen or phosphorus creditspursuant to this section shall not alter or otherwise affect the individualwaste load allocations for each permitted facility.
1. A permittee may acquire point source nitrogen or phosphorus credits fromone or more permitted facilities only if (i) the credits are generated andapplied to a compliance obligation in the same calendar year, (ii) thecredits are generated by one or more permitted facilities in the sametributary, except that permitted facilities in the Eastern Shore basin mayalso acquire credits from permitted facilities in the Potomac andRappahannock tributaries, (iii) the credits are acquired no later than June 1immediately following the calendar year in which the credits are applied, and(iv) no later than June 1 immediately following the calendar year in whichthe credits are applied, the permittee certifies on a form supplied by theDepartment that he has acquired sufficient credits to satisfy his complianceobligations.
2. A permittee may acquire nitrogen or phosphorus credits through paymentsmade into the Virginia Water Quality Improvement Fund established in §10.1-2128 only if, no later than June 1 immediately following the calendaryear in which the credits are applied, the permittee certifies on a formsupplied by the Department that he has diligently sought, but has been unableto acquire, sufficient credits to satisfy his compliance obligations throughthe acquisition of point source nitrogen or phosphorus credits with otherpermitted facilities in the same tributary, and that he has acquiredsufficient credits to satisfy his compliance obligations through one or morepayments made in accordance with the terms of the general permit.
B. Until such time as the Board finds that no credits are reasonablyavailable in an individual tributary, the general permit shall provide forthe acquisition of nitrogen and phosphorus credits through payments into theVirginia Water Quality Improvement Fund in accordance with subdivision A 2.Such payments shall be promptly applied to achieve equivalent point ornonpoint source reductions in the same tributary beyond those reductionsalready required by or funded under federal or state law, or the Virginiatributaries strategies plans. The general permit shall base the cost of eachnitrogen or phosphorus credit on the average cost of reducing one pound ofnitrogen or phosphorus from Virginia publicly owned wastewater treatmentfacilities for each credit acquired. Upon each reissuance of the generalpermit, the Board may adjust the cost of each nitrogen and phosphorus creditbased on (i) the current average cost of reducing a pound of nitrogen orphosphorus from Virginia publicly owned wastewater treatment facilities foreach credit acquired and (ii) any additional incentives reasonably necessaryto ensure that there is timely and continuing progress toward attaining andmaintaining each tributary's combined waste load allocation.
C. On or before February 1, annually, each permittee shall eitherindividually or through the Association file a report with the Department.The report shall identify (i) the annual mass load of total nitrogen and theannual mass load of total phosphorus discharged by each permitted facilityduring the previous calendar year, (ii) the delivered total nitrogen load anddelivered total phosphorus load discharged by each permitted facility duringthe previous year, and (iii) the number of total nitrogen and totalphosphorus credits for the previous calendar year to be purchased or sold bythe permittee. The report shall contain the certification required by federaland state law and be signed by each permittee for each of the permittee'sfacilities covered by the general permit.
D. On or before April 1, annually, the Department shall prepare a reportcontaining the annual mass load of total nitrogen and annual mass load oftotal phosphorus discharged by each permitted facility, the number of pointsource nitrogen and phosphorus credits for the previous calendar year forsale or purchase by each such facility, and to the extent there areinsufficient point source credits available for exchange to provide for fullcompliance by every permittee, the number of credits to be purchased pursuantto this section. Upon completion of the report, the Department shall promptlypublish notice of the report and make the report available to any personrequesting it.
E. On or before July 1, annually, the Department shall publish notice of allnitrogen and phosphorus credit exchanges and purchases for the previouscalendar year and make all documents relating to the exchanges and purchasesavailable to any person requesting them.
§ 62.1-44.19:18. Nutrient allocation compliance and reporting.
A. Each permitted facility shall be in compliance with its individual wasteload allocations if: (i) its annual mass load is less than the applicablewaste load allocation assigned to the facility in the general permit; (ii)the permitted facility acquires sufficient point source nitrogen orphosphorus credits in accordance with subdivision A 1; or (iii) in the eventit is unable to meet the individual waste load allocation pursuant to clauses(i) or (ii), the permitted facility acquires sufficient nitrogen orphosphorus credits through payments made in accordance with subdivision A 2;provided, however, that the acquisition of nitrogen or phosphorus creditspursuant to this section shall not alter or otherwise affect the individualwaste load allocations for each permitted facility.
1. A permittee may acquire point source nitrogen or phosphorus credits fromone or more permitted facilities only if (i) the credits are generated andapplied to a compliance obligation in the same calendar year, (ii) thecredits are generated by one or more permitted facilities in the sametributary, except that permitted facilities in the Eastern Shore basin mayalso acquire credits from permitted facilities in the Potomac andRappahannock tributaries, (iii) the credits are acquired no later than June 1immediately following the calendar year in which the credits are applied, and(iv) no later than June 1 immediately following the calendar year in whichthe credits are applied, the permittee certifies on a form supplied by theDepartment that he has acquired sufficient credits to satisfy his complianceobligations.
2. A permittee may acquire nitrogen or phosphorus credits through paymentsmade into the Virginia Water Quality Improvement Fund established in §10.1-2128 only if, no later than June 1 immediately following the calendaryear in which the credits are applied, the permittee certifies on a formsupplied by the Department that he has diligently sought, but has been unableto acquire, sufficient credits to satisfy his compliance obligations throughthe acquisition of point source nitrogen or phosphorus credits with otherpermitted facilities in the same tributary, and that he has acquiredsufficient credits to satisfy his compliance obligations through one or morepayments made in accordance with the terms of the general permit.
B. Until such time as the Board finds that no credits are reasonablyavailable in an individual tributary, the general permit shall provide forthe acquisition of nitrogen and phosphorus credits through payments into theVirginia Water Quality Improvement Fund in accordance with subdivision A 2.Such payments shall be promptly applied to achieve equivalent point ornonpoint source reductions in the same tributary beyond those reductionsalready required by or funded under federal or state law, or the Virginiatributaries strategies plans. The general permit shall base the cost of eachnitrogen or phosphorus credit on the average cost of reducing one pound ofnitrogen or phosphorus from Virginia publicly owned wastewater treatmentfacilities for each credit acquired. Upon each reissuance of the generalpermit, the Board may adjust the cost of each nitrogen and phosphorus creditbased on (i) the current average cost of reducing a pound of nitrogen orphosphorus from Virginia publicly owned wastewater treatment facilities foreach credit acquired and (ii) any additional incentives reasonably necessaryto ensure that there is timely and continuing progress toward attaining andmaintaining each tributary's combined waste load allocation.
C. On or before February 1, annually, each permittee shall eitherindividually or through the Association file a report with the Department.The report shall identify (i) the annual mass load of total nitrogen and theannual mass load of total phosphorus discharged by each permitted facilityduring the previous calendar year, (ii) the delivered total nitrogen load anddelivered total phosphorus load discharged by each permitted facility duringthe previous year, and (iii) the number of total nitrogen and totalphosphorus credits for the previous calendar year to be purchased or sold bythe permittee. The report shall contain the certification required by federaland state law and be signed by each permittee for each of the permittee'sfacilities covered by the general permit.
D. On or before April 1, annually, the Department shall prepare a reportcontaining the annual mass load of total nitrogen and annual mass load oftotal phosphorus discharged by each permitted facility, the number of pointsource nitrogen and phosphorus credits for the previous calendar year forsale or purchase by each such facility, and to the extent there areinsufficient point source credits available for exchange to provide for fullcompliance by every permittee, the number of credits to be purchased pursuantto this section. Upon completion of the report, the Department shall promptlypublish notice of the report and make the report available to any personrequesting it.
E. On or before July 1, annually, the Department shall publish notice of allnitrogen and phosphorus credit exchanges and purchases for the previouscalendar year and make all documents relating to the exchanges and purchasesavailable to any person requesting them.
