{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.19_15.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.19_15.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.19_15.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.19_15.html"}],"law_id":77343,"edition_id":1,"section_id":77343,"structure_id":14645,"section_number":"62.1-44.19:15","catch_line":"New or expanded facilities","history":"2005, cc. 708, 710; 2007, c. 27; 2010, c. 288; 2011, cc. 440, 524; 2012, cc. 748, 808; 2013, cc. 756, 793; 2016, cc. 137, 377.","full_text":"A\n\nAn owner or operator of a new or expanded facility shall comply with the applicable requirements of this section as a condition of the facility’s coverage under the general permit.1\n\nAn owner or operator of a facility authorized by a Virginia Pollutant Discharge Elimination System permit first issued before July 1, 2005, that expands his facility to discharge 100,000 gallons or more per day, or an equivalent load directly into tidal waters, or 500,000 gallons or more per day, or an equivalent load, directly into nontidal waters shall demonstrate to the Department that he has acquired waste load allocations sufficient to offset any increase in his delivered total nitrogen and delivered total phosphorus loads resulting from any expansion beyond his waste load allocations or permitted design capacity as of July 1, 2005, and will install state-of-the-art nutrient removal technology at the time of the expansion.2\n\nAn owner or operator of a facility authorized by a Virginia Pollutant Discharge Elimination System permit first issued before July 1, 2005, that expands his facility to discharge 100,000 gallons or more per day up to and including 499,999 gallons per day, or an equivalent load, directly into nontidal waters, shall demonstrate to the Department that he has acquired waste load allocations sufficient to offset any increase in his delivered total nitrogen and delivered total phosphorus loads resulting from any expansion beyond his permitted capacity as of July 1, 2005, and will install, at a minimum, biological nutrient removal technology at the time of the expansion.3\n\nAn owner or operator of a facility authorized by a Virginia Pollutant Discharge Elimination System permit first issued before July 1, 2005, that expands his facility to discharge 40,000 gallons or more per day up to and including 99,999 gallons per day, or an equivalent load, directly into tidal or nontidal waters, shall demonstrate to the Department that he has acquired waste load allocations sufficient to offset any increase in his delivered total nitrogen and delivered total phosphorus loads resulting from any expansion beyond his permitted capacity as of July 1, 2005.4\n\nAn owner or operator of a facility authorized by a Virginia Pollutant Discharge Elimination System permit first issued on or after July 1, 2005, to discharge 40,000 gallons or more per day, or an equivalent load, shall demonstrate to the Department that he has acquired waste load allocations sufficient to offset his delivered total nitrogen and delivered total phosphorus loads, and will install (i) at a minimum, biological nutrient removal technology at any facility authorized to discharge up to and including 99,999 gallons per day, or an equivalent load, directly into tidal and nontidal waters, or up to and including 499,999 gallons per day, or an equivalent load, to nontidal waters; and (ii) state-of-the-art nutrient removal technology at any facility authorized to discharge 100,000 gallons or more per day, or an equivalent load, directly into tidal waters, or 500,000 gallons or more per day, or an equivalent load, directly into nontidal waters.5\n\nAn owner or operator of a facility treating domestic sewage authorized by a Virginia Pollutant Discharge Elimination System permit with a discharge greater than 1,000 gallons per day up to and including 39,999 gallons per day that has not commenced the discharge of pollutants prior to January 1, 2011, shall demonstrate to the Department that he has acquired waste load allocations sufficient to offset his delivered total nitrogen and delivered total phosphorus loads prior to commencing the discharge, except when the facility is for short-term temporary use only or when treatment of domestic sewage is not the primary purpose of the facility.B\n\nWaste load allocations required by this section to offset new or increased delivered total nitrogen and delivered total phosphorus loads shall be acquired in accordance with this subsection.1\n\nSuch allocations may be acquired from one or a combination of the following:\n\t\t\t\ta. Acquisition of all or a portion of the waste load allocations or point source nitrogen or point source phosphorus credits from one or more permitted facilities in the same tributary;\n\t\t\t\tb. Acquisition of credits certified by the Board pursuant to § 62.1-44.19:20. Such best management practices shall achieve reductions beyond those already required by or funded under federal or state law, or the Virginia Chesapeake Bay TMDL Watershed Implementation Plan, and shall be installed in the same tributary in which the new or expanded facility is located and included as conditions of the facility’s individual Virginia Pollutant Discharge Elimination System permit;\n\t\t\t\tc. Acquisition of allocations purchased through the Nutrient Offset Fund established pursuant to § 10.1-2128.2;\n\t\t\t\td. Acquisition of allocations through such other means as may be approved by the Department on a case-by-case basis; or\n\t\t\t\te. Acquisition of credits or allocations through the implementation of best management practices on lands owned or controlled by, or under contractual obligation with, the new or expanded facility that achieve reductions greater than those currently required by or funded under federal or state law, or the Virginia Chesapeake Bay TMDL Watershed Implementation Plan, subject to the approval by the Board in accordance with standards and procedures that are consistent with those established in § 62.1-44.19:20. Any such best management practices shall be implemented on lands within the same tributary as the new or expanded facility, and any credits assigned by the Board based on those practices shall be subject to adjustment based on the relevant delivery factor, as defined in § 62.1-44.19:13.2\n\nSuch allocations or credits shall be provided for a minimum period of five years with each registration under the general permit. This subdivision shall not preclude longer-term or permanent allocations, except that such allocations are subject to modification by the Board where necessary to conform to the Chesapeake Bay TMDL.3\n\nThe Board shall give priority to allocations or credits acquired in accordance with subdivisions 1 a, 1 b, and 1 d. The Board shall approve allocations acquired in accordance with subdivision 1 d only after the owner or operator has demonstrated that he has made a good faith effort to acquire sufficient allocations in accordance with subdivisions 1 a, 1 b, and 1 d and that such allocations are not reasonably available taking into account timing, cost, and other relevant factors.4\n\nNotwithstanding the priority provisions in subdivision 3, the Board may grant a waste load allocation in accordance with subdivision 1 d to an owner or operator of a facility authorized by a Virginia Pollution Abatement permit to land apply domestic sewage if (i) the Virginia Pollution Abatement permit was issued before July 1, 2005; (ii) the waste load allocation does not exceed such facility’s permitted design capacity as of July 1, 2005; (iii) the waste treated by the existing facility is going to be treated and discharged pursuant to a Virginia Pollutant Discharge Elimination System permit for a new discharge; and (iv) the owner or operator installs state-of-the-art nutrient removal technology at such facility. Such facilities cannot generate credits or waste load allocations, based upon the removal of land application sites, that can be acquired by other permitted facilities to meet the requirements of this article.C\n\nUntil such time as the Director finds that no allocations are reasonably available in an individual tributary, the general permit shall provide for the acquisition of allocations through payments into the Nutrient Offset Fund established in § 10.1-2128.2. Such payments shall be promptly applied by the Department to achieve equivalent point or nonpoint source reductions in the same tributary beyond those reductions already required by or funded under federal or state law or the Virginia Chesapeake Bay TMDL Watershed Implementation Plan. The general permit shall base the cost of each pound of allocation on (i) the estimated cost of achieving a reduction of one pound of nitrogen or phosphorus at the facility that is securing the allocation, or comparable facility, for each pound of allocation acquired; or (ii) the average cost of reducing two pounds of nitrogen or phosphorus from nonpoint sources in the same tributary for each pound of allocation acquired, whichever is higher. Upon each reissuance of the general permit, the Board may adjust the cost of each pound of allocation based on current costs and cost estimates.D\n\nThe acquisition of nutrient allocations or credits from animal waste-to-energy or animal waste reduction facilities, or the acquisition of such nutrient allocations or credits from entities acting on behalf of such facilities, shall be considered point source allocations or credits for all nutrient trading purposes and shall not be subject to any otherwise applicable nonpoint source trading ratio if the best management practice being used to generate such nutrient allocations or credits is a point source nutrient removal technology. Point source nutrient removal technology shall include animal waste gasification in which lab analysis of the animal waste reveals the concentration of nutrients in the animal waste being fed into the gasifier, and the fate of the nutrients during the animal waste gasification process, is known and documented using studies such as air emissions tests and ash analyses.","order_by":null,"text":{"0":{"id":277400,"text":"An owner or operator of a new or expanded facility shall comply with the applicable requirements of this section as a condition of the facility’s coverage under the general permit.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":277401,"text":"An owner or operator of a facility authorized by a Virginia Pollutant Discharge Elimination System permit first issued before July 1, 2005, that expands his facility to discharge 100,000 gallons or more per day, or an equivalent load directly into tidal waters, or 500,000 gallons or more per day, or an equivalent load, directly into nontidal waters shall demonstrate to the Department that he has acquired waste load allocations sufficient to offset any increase in his delivered total nitrogen and delivered total phosphorus loads resulting from any expansion beyond his waste load allocations or permitted design capacity as of July 1, 2005, and will install state-of-the-art nutrient removal technology at the time of the expansion.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":277402,"text":"An owner or operator of a facility authorized by a Virginia Pollutant Discharge Elimination System permit first issued before July 1, 2005, that expands his facility to discharge 100,000 gallons or more per day up to and including 499,999 gallons per day, or an equivalent load, directly into nontidal waters, shall demonstrate to the Department that he has acquired waste load allocations sufficient to offset any increase in his delivered total nitrogen and delivered total phosphorus loads resulting from any expansion beyond his permitted capacity as of July 1, 2005, and will install, at a minimum, biological nutrient removal technology at the time of the expansion.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":277403,"text":"An owner or operator of a facility authorized by a Virginia Pollutant Discharge Elimination System permit first issued before July 1, 2005, that expands his facility to discharge 40,000 gallons or more per day up to and including 99,999 gallons per day, or an equivalent load, directly into tidal or nontidal waters, shall demonstrate to the Department that he has acquired waste load allocations sufficient to offset any increase in his delivered total nitrogen and delivered total phosphorus loads resulting from any expansion beyond his permitted capacity as of July 1, 2005.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":277404,"text":"An owner or operator of a facility authorized by a Virginia Pollutant Discharge Elimination System permit first issued on or after July 1, 2005, to discharge 40,000 gallons or more per day, or an equivalent load, shall demonstrate to the Department that he has acquired waste load allocations sufficient to offset his delivered total nitrogen and delivered total phosphorus loads, and will install (i) at a minimum, biological nutrient removal technology at any facility authorized to discharge up to and including 99,999 gallons per day, or an equivalent load, directly into tidal and nontidal waters, or up to and including 499,999 gallons per day, or an equivalent load, to nontidal waters; and (ii) state-of-the-art nutrient removal technology at any facility authorized to discharge 100,000 gallons or more per day, or an equivalent load, directly into tidal waters, or 500,000 gallons or more per day, or an equivalent load, directly into nontidal waters.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":277405,"text":"An owner or operator of a facility treating domestic sewage authorized by a Virginia Pollutant Discharge Elimination System permit with a discharge greater than 1,000 gallons per day up to and including 39,999 gallons per day that has not commenced the discharge of pollutants prior to January 1, 2011, shall demonstrate to the Department that he has acquired waste load allocations sufficient to offset his delivered total nitrogen and delivered total phosphorus loads prior to commencing the discharge, except when the facility is for short-term temporary use only or when treatment of domestic sewage is not the primary purpose of the facility.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"B"},"6":{"id":277406,"text":"Waste load allocations required by this section to offset new or increased delivered total nitrogen and delivered total phosphorus loads shall be acquired in accordance with this subsection.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A5","next_prefix":"B1"},"7":{"id":277407,"text":"Such allocations may be acquired from one or a combination of the following:\n\t\t\t\ta. Acquisition of all or a portion of the waste load allocations or point source nitrogen or point source phosphorus credits from one or more permitted facilities in the same tributary;\n\t\t\t\tb. Acquisition of credits certified by the Board pursuant to § 62.1-44.19:20. Such best management practices shall achieve reductions beyond those already required by or funded under federal or state law, or the Virginia Chesapeake Bay TMDL Watershed Implementation Plan, and shall be installed in the same tributary in which the new or expanded facility is located and included as conditions of the facility’s individual Virginia Pollutant Discharge Elimination System permit;\n\t\t\t\tc. Acquisition of allocations purchased through the Nutrient Offset Fund established pursuant to § 10.1-2128.2;\n\t\t\t\td. Acquisition of allocations through such other means as may be approved by the Department on a case-by-case basis; or\n\t\t\t\te. Acquisition of credits or allocations through the implementation of best management practices on lands owned or controlled by, or under contractual obligation with, the new or expanded facility that achieve reductions greater than those currently required by or funded under federal or state law, or the Virginia Chesapeake Bay TMDL Watershed Implementation Plan, subject to the approval by the Board in accordance with standards and procedures that are consistent with those established in § 62.1-44.19:20. Any such best management practices shall be implemented on lands within the same tributary as the new or expanded facility, and any credits assigned by the Board based on those practices shall be subject to adjustment based on the relevant delivery factor, as defined in § 62.1-44.19:13.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"8":{"id":277408,"text":"Such allocations or credits shall be provided for a minimum period of five years with each registration under the general permit. This subdivision shall not preclude longer-term or permanent allocations, except that such allocations are subject to modification by the Board where necessary to conform to the Chesapeake Bay TMDL.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"9":{"id":277409,"text":"The Board shall give priority to allocations or credits acquired in accordance with subdivisions 1 a, 1 b, and 1 d. The Board shall approve allocations acquired in accordance with subdivision 1 d only after the owner or operator has demonstrated that he has made a good faith effort to acquire sufficient allocations in accordance with subdivisions 1 a, 1 b, and 1 d and that such allocations are not reasonably available taking into account timing, cost, and other relevant factors.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"10":{"id":277410,"text":"Notwithstanding the priority provisions in subdivision 3, the Board may grant a waste load allocation in accordance with subdivision 1 d to an owner or operator of a facility authorized by a Virginia Pollution Abatement permit to land apply domestic sewage if (i) the Virginia Pollution Abatement permit was issued before July 1, 2005; (ii) the waste load allocation does not exceed such facility’s permitted design capacity as of July 1, 2005; (iii) the waste treated by the existing facility is going to be treated and discharged pursuant to a Virginia Pollutant Discharge Elimination System permit for a new discharge; and (iv) the owner or operator installs state-of-the-art nutrient removal technology at such facility. Such facilities cannot generate credits or waste load allocations, based upon the removal of land application sites, that can be acquired by other permitted facilities to meet the requirements of this article.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"C"},"11":{"id":277411,"text":"Until such time as the Director finds that no allocations are reasonably available in an individual tributary, the general permit shall provide for the acquisition of allocations through payments into the Nutrient Offset Fund established in § 10.1-2128.2. Such payments shall be promptly applied by the Department to achieve equivalent point or nonpoint source reductions in the same tributary beyond those reductions already required by or funded under federal or state law or the Virginia Chesapeake Bay TMDL Watershed Implementation Plan. The general permit shall base the cost of each pound of allocation on (i) the estimated cost of achieving a reduction of one pound of nitrogen or phosphorus at the facility that is securing the allocation, or comparable facility, for each pound of allocation acquired; or (ii) the average cost of reducing two pounds of nitrogen or phosphorus from nonpoint sources in the same tributary for each pound of allocation acquired, whichever is higher. Upon each reissuance of the general permit, the Board may adjust the cost of each pound of allocation based on current costs and cost estimates.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B4","next_prefix":"D"},"12":{"id":277412,"text":"The acquisition of nutrient allocations or credits from animal waste-to-energy or animal waste reduction facilities, or the acquisition of such nutrient allocations or credits from entities acting on behalf of such facilities, shall be considered point source allocations or credits for all nutrient trading purposes and shall not be subject to any otherwise applicable nonpoint source trading ratio if the best management practice being used to generate such nutrient allocations or credits is a point source nutrient removal technology. Point source nutrient removal technology shall include animal waste gasification in which lab analysis of the animal waste reveals the concentration of nutrients in the animal waste being fed into the gasifier, and the fate of the nutrients during the animal waste gasification process, is known and documented using studies such as air emissions tests and ash analyses.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14645,"edition_id":1,"name":"Chesapeake Bay Watershed Nutrient Credit Exchange Program","identifier":"4.02","label":"article","depth":3,"order_by":1,"parent_id":13014,"metadata":{},"date_created":"2026-06-26 03:49:05","date_modified":"2026-06-26 03:49:05","permalink":{"id":269905,"object_type":"structure","relational_id":14645,"identifier":"4.02","token":"62.1\/3.1\/4.02","url":"\/62.1\/3.1\/4.02\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13014,"edition_id":1,"name":"State Water Control Law","identifier":"3.1","label":"chapter","depth":2,"order_by":1,"parent_id":12909,"metadata":{},"date_created":"2026-06-26 03:44:08","date_modified":"2026-06-26 03:44:08","permalink":{"id":269169,"object_type":"structure","relational_id":13014,"identifier":"3.1","token":"62.1\/3.1","url":"\/62.1\/3.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12909,"edition_id":1,"name":"Waters of the State, Ports and Harbors","identifier":"62.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:00","date_modified":"2026-06-26 03:44:00","permalink":{"id":268199,"object_type":"structure","relational_id":12909,"identifier":"62.1","token":"62.1","url":"\/62.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":72017,"structure_id":14645,"section_number":"62.1-44.19:12","catch_line":"Legislative findings and purposes","url":"\/62.1-44.19_12\/","token":"62.1\/3.1\/4.02\/62.1-44.19_12","metadata":false},{"id":73662,"structure_id":14645,"section_number":"62.1-44.19:13","catch_line":"Definitions","url":"\/62.1-44.19_13\/","token":"62.1\/3.1\/4.02\/62.1-44.19_13","metadata":false},{"id":77973,"structure_id":14645,"section_number":"62.1-44.19:14","catch_line":"Watershed general permit for nutrients","url":"\/62.1-44.19_14\/","token":"62.1\/3.1\/4.02\/62.1-44.19_14","metadata":false},{"id":77343,"structure_id":14645,"section_number":"62.1-44.19:15","catch_line":"New or expanded facilities","url":"\/62.1-44.19_15\/","token":"62.1\/3.1\/4.02\/62.1-44.19_15","metadata":false},{"id":81630,"structure_id":14645,"section_number":"62.1-44.19:16","catch_line":"Technology-based standards and effluent limitations","url":"\/62.1-44.19_16\/","token":"62.1\/3.1\/4.02\/62.1-44.19_16","metadata":false},{"id":58208,"structure_id":14645,"section_number":"62.1-44.19:17","catch_line":"Virginia Nutrient Credit Exchange Association authorized; 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This law was first created in 2005. The record of its establishment is cataloged in chapters 708<\/a> and 710<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2007, chapter 27<\/a>; in 2010, chapter 288<\/a>; in 2011, chapters 440<\/a> and 524<\/a>; in 2012, chapters 748<\/a> and 808<\/a>; in 2013, chapters 756<\/a> and 793<\/a>; in 2016, chapters 137<\/a> and 377<\/a>.<\/p>","references":[{"id":58830,"section_number":"10.1-2117","catch_line":"Definitions","order_by":null,"url":"\/10.1-2117\/"},{"id":77386,"section_number":"10.1-2128.2","catch_line":"Nutrient Offset Fund; purposes","order_by":null,"url":"\/10.1-2128.2\/"},{"id":73662,"section_number":"62.1-44.19:13","catch_line":"Definitions","order_by":null,"url":"\/62.1-44.19_13\/"},{"id":77973,"section_number":"62.1-44.19:14","catch_line":"Watershed general permit for nutrients","order_by":null,"url":"\/62.1-44.19_14\/"},{"id":81630,"section_number":"62.1-44.19:16","catch_line":"Technology-based standards and effluent limitations","order_by":null,"url":"\/62.1-44.19_16\/"}],"refers_to":[{"id":77386,"section_number":"10.1-2128.2","catch_line":"Nutrient Offset Fund; purposes","order_by":null,"url":"\/10.1-2128.2\/"},{"id":62446,"section_number":"62.1-44.19:20","catch_line":"Nutrient credit certification","order_by":null,"url":"\/62.1-44.19_20\/"}],"permalink":{"id":269919,"object_type":"law","relational_id":77343,"identifier":"62.1-44.19:15","token":"62.1\/3.1\/4.02\/62.1-44.19_15","url":"\/62.1-44.19_15\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.19_15\/","token":"62.1\/3.1\/4.02\/62.1-44.19_15","dublin_core":{"Title":"New or expanded facilities","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.19:15","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> An owner<\/span> or operator of a new or expanded facility<\/span> shall comply with the applicable requirements of this section as a condition of the facility<\/span>’s coverage under the general permit<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> An owner<\/span> or operator of a facility<\/span> authorized by a Virginia Pollutant Discharge Elimination System permit first issued before July 1, 2005, that expands his facility<\/span> to discharge 100,000 gallons or more per day, or an equivalent load<\/span> directly into tidal waters, or 500,000 gallons or more per day, or an equivalent load<\/span>, directly into nontidal waters shall demonstrate to the Department<\/span> that he has acquired waste load allocations<\/span> sufficient to offset any increase in his delivered total nitrogen and delivered total phosphorus loads<\/span> resulting from any expansion beyond his waste load allocations<\/span> or permitted design capacity as of July 1, 2005, and will install state-of-the-art nutrient removal technology<\/span> at the time of the expansion. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> An owner<\/span> or operator of a facility<\/span> authorized by a Virginia Pollutant Discharge Elimination System permit first issued before July 1, 2005, that expands his facility<\/span> to discharge 100,000 gallons or more per day up to and including 499,999 gallons per day, or an equivalent load<\/span>, directly into nontidal waters, shall demonstrate to the Department<\/span> that he has acquired waste load allocations<\/span> sufficient to offset any increase in his delivered total nitrogen and delivered total phosphorus loads<\/span> resulting from any expansion beyond his permitted capacity as of July 1, 2005, and will install, at a minimum, biological nutrient removal technology<\/span> at the time of the expansion. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> An owner<\/span> or operator of a facility<\/span> authorized by a Virginia Pollutant Discharge Elimination System permit first issued before July 1, 2005, that expands his facility<\/span> to discharge 40,000 gallons or more per day up to and including 99,999 gallons per day, or an equivalent load<\/span>, directly into tidal or nontidal waters, shall demonstrate to the Department<\/span> that he has acquired waste load allocations<\/span> sufficient to offset any increase in his delivered total nitrogen and delivered total phosphorus loads<\/span> resulting from any expansion beyond his permitted capacity as of July 1, 2005. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> An owner<\/span> or operator of a facility<\/span> authorized by a Virginia Pollutant Discharge Elimination System permit first issued on or after July 1, 2005, to discharge 40,000 gallons or more per day, or an equivalent load<\/span>, shall demonstrate to the Department<\/span> that he has acquired waste load allocations<\/span> sufficient to offset his delivered total nitrogen and delivered total phosphorus loads<\/span>, and will install (i) at a minimum, biological nutrient removal technology<\/span> at any facility<\/span> authorized to discharge up to and including 99,999 gallons per day, or an equivalent load<\/span>, directly into tidal and nontidal waters, or up to and including 499,999 gallons per day, or an equivalent load<\/span>, to nontidal waters; and (ii) state-of-the-art nutrient removal technology<\/span> at any facility<\/span> authorized to discharge 100,000 gallons or more per day, or an equivalent load<\/span>, directly into tidal waters, or 500,000 gallons or more per day, or an equivalent load<\/span>, directly into nontidal waters. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> An owner<\/span> or operator of a facility<\/span> treating domestic sewage<\/span> authorized by a Virginia Pollutant Discharge Elimination System permit with a discharge greater than 1,000 gallons per day up to and including 39,999 gallons per day that has not commenced the discharge of pollutants prior to January 1, 2011, shall demonstrate to the Department<\/span> that he has acquired waste load allocations<\/span> sufficient to offset his delivered total nitrogen and delivered total phosphorus loads<\/span> prior to commencing the discharge, except when the facility<\/span> is for short-term temporary use only or when treatment of domestic sewage<\/span> is not the primary purpose of the facility<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Waste load allocations<\/span> required by this section to offset new or increased delivered total nitrogen and delivered total phosphorus loads<\/span> shall be acquired in accordance with this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Such allocations may be acquired from one or a combination of the following:\n\t\t\t\ta. Acquisition of all or a portion of the waste load allocations<\/span> or point source nitrogen or point source phosphorus credits<\/span> from one or more permitted facilities in the same tributary;\n\t\t\t\tb. Acquisition of credits certified by the Board<\/span> pursuant to § 62.1-44.19:20<\/a>. Such best management practices shall achieve reductions beyond those already required by or funded under federal or state law<\/span>, or the Virginia Chesapeake Bay TMDL Watershed Implementation Plan, and shall be installed in the same tributary in which the new or expanded facility<\/span> is located and included as conditions of the facility<\/span>’s individual Virginia Pollutant Discharge Elimination System permit;\n\t\t\t\tc. Acquisition of allocations purchased through the Nutrient Offset Fund established pursuant to § 10.1-2128.2<\/a>;\n\t\t\t\td. Acquisition of allocations through such other means as may be approved by the Department<\/span> on a case-by-case basis; or\n\t\t\t\te. Acquisition of credits or allocations through the implementation of best management practices on lands owned or controlled by, or under contractual obligation with, the new or expanded facility<\/span> that achieve reductions greater than those currently required by or funded under federal or state law<\/span>, or the Virginia Chesapeake Bay TMDL Watershed Implementation Plan, subject to the approval by the Board<\/span> in accordance with standards<\/span> and procedures that are consistent with those established in § 62.1-44.19:20<\/a>. Any such best management practices shall be implemented on lands within the same tributary as the new or expanded facility<\/span>, and any credits assigned by the Board<\/span> based on those practices shall be subject to adjustment based on the relevant delivery factor<\/span>, as defined in § 62.1-44.19:13<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Such allocations or credits shall be provided for a minimum period of five years with each registration under the general permit<\/span>. This subdivision shall not preclude longer-term or permanent allocations, except that such allocations are subject to modification by the Board<\/span> where necessary to conform to the Chesapeake Bay TMDL. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The Board<\/span> shall give priority to allocations or credits acquired in accordance with subdivisions 1 a, 1 b, and 1 d. The Board<\/span> shall approve allocations acquired in accordance with subdivision 1 d only after the owner<\/span> or operator has demonstrated that he has made a good faith effort to acquire sufficient allocations in accordance with subdivisions 1 a, 1 b, and 1 d and that such allocations are not reasonably available taking into account timing, cost, and other relevant factors. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Notwithstanding the priority provisions in subdivision 3, the Board<\/span> may grant a waste load allocation<\/span> in accordance with subdivision 1 d to an owner<\/span> or operator of a facility<\/span> authorized by a Virginia Pollution<\/span> Abatement permit to land apply domestic sewage<\/span> if (i) the Virginia Pollution<\/span> Abatement permit was issued before July 1, 2005; (ii) the waste load allocation<\/span> does not exceed such facility<\/span>’s permitted design capacity as of July 1, 2005; (iii) the waste treated by the existing facility<\/span> is going to be treated and discharged pursuant to a Virginia Pollutant Discharge Elimination System permit for a new discharge; and (iv) the owner<\/span> or operator installs state-of-the-art nutrient removal technology<\/span> at such facility<\/span>. Such facilities cannot generate credits or waste load allocations<\/span>, based upon the removal of land application sites, that can be acquired by other permitted facilities to meet the requirements of this article. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Until such time as the Director<\/span> finds that no allocations are reasonably available in an individual tributary, the general permit<\/span> shall provide for the acquisition of allocations through payments into the Nutrient Offset Fund established in § 10.1-2128.2<\/a>. Such payments shall be promptly applied by the Department<\/span> to achieve equivalent point or nonpoint source reductions in the same tributary beyond those reductions already required by or funded under federal or state law<\/span> or the Virginia Chesapeake Bay TMDL Watershed Implementation Plan. The general permit<\/span> shall base the cost of each pound of allocation on (i) the estimated cost of achieving a reduction of one pound of nitrogen or phosphorus at the facility<\/span> that is securing the allocation, or comparable facility<\/span>, for each pound of allocation acquired; or (ii) the average cost of reducing two pounds of nitrogen or phosphorus from nonpoint sources in the same tributary for each pound of allocation acquired, whichever is higher. Upon each reissuance of the general permit<\/span>, the Board<\/span> may adjust the cost of each pound of allocation based on current costs and cost estimates. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The acquisition of nutrient allocations or credits from animal waste-to-energy or animal waste reduction facilities, or the acquisition of such nutrient allocations or credits from entities acting on behalf of such facilities, shall be considered point source allocations or credits for all nutrient trading purposes and shall not be subject to any otherwise applicable nonpoint source trading ratio if the best management practice being used to generate such nutrient allocations or credits is a point source nutrient removal technology. Point source nutrient removal technology shall include animal waste gasification in which lab analysis of the animal waste reveals the concentration of nutrients in the animal waste being fed into the gasifier, and the fate of the nutrients during the animal waste gasification process, is known and documented using studies such as air emissions tests and ash analyses. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNEW OR EXPANDED FACILITIES (\u00a7 62.1-44.19:15)\n\nA. An owner or operator of a new or expanded facility shall comply with the\napplicable requirements of this section as a condition of the facility’s\ncoverage under the general permit.\n\n 1. An owner or operator of a facility authorized by a Virginia Pollutant\n Discharge Elimination System permit first issued before July 1, 2005, that\n expands his facility to discharge 100,000 gallons or more per day, or an\n equivalent load directly into tidal waters, or 500,000 gallons or more per\n day, or an equivalent load, directly into nontidal waters shall demonstrate to\n the Department that he has acquired waste load allocations sufficient to\n offset any increase in his delivered total nitrogen and delivered total\n phosphorus loads resulting from any expansion beyond his waste load\n allocations or permitted design capacity as of July 1, 2005, and will install\n state-of-the-art nutrient removal technology at the time of the expansion.\n\n 2. An owner or operator of a facility authorized by a Virginia Pollutant\n Discharge Elimination System permit first issued before July 1, 2005, that\n expands his facility to discharge 100,000 gallons or more per day up to and\n including 499,999 gallons per day, or an equivalent load, directly into\n nontidal waters, shall demonstrate to the Department that he has acquired\n waste load allocations sufficient to offset any increase in his delivered\n total nitrogen and delivered total phosphorus loads resulting from any\n expansion beyond his permitted capacity as of July 1, 2005, and will install,\n at a minimum, biological nutrient removal technology at the time of the\n expansion.\n\n 3. An owner or operator of a facility authorized by a Virginia Pollutant\n Discharge Elimination System permit first issued before July 1, 2005, that\n expands his facility to discharge 40,000 gallons or more per day up to and\n including 99,999 gallons per day, or an equivalent load, directly into tidal\n or nontidal waters, shall demonstrate to the Department that he has acquired\n waste load allocations sufficient to offset any increase in his delivered\n total nitrogen and delivered total phosphorus loads resulting from any\n expansion beyond his permitted capacity as of July 1, 2005.\n\n 4. An owner or operator of a facility authorized by a Virginia Pollutant\n Discharge Elimination System permit first issued on or after July 1, 2005, to\n discharge 40,000 gallons or more per day, or an equivalent load, shall\n demonstrate to the Department that he has acquired waste load allocations\n sufficient to offset his delivered total nitrogen and delivered total\n phosphorus loads, and will install (i) at a minimum, biological nutrient\n removal technology at any facility authorized to discharge up to and including\n 99,999 gallons per day, or an equivalent load, directly into tidal and\n nontidal waters, or up to and including 499,999 gallons per day, or an\n equivalent load, to nontidal waters; and (ii) state-of-the-art nutrient\n removal technology at any facility authorized to discharge 100,000 gallons or\n more per day, or an equivalent load, directly into tidal waters, or 500,000\n gallons or more per day, or an equivalent load, directly into nontidal waters.\n\n 5. An owner or operator of a facility treating domestic sewage authorized by a\n Virginia Pollutant Discharge Elimination System permit with a discharge\n greater than 1,000 gallons per day up to and including 39,999 gallons per day\n that has not commenced the discharge of pollutants prior to January 1, 2011,\n shall demonstrate to the Department that he has acquired waste load\n allocations sufficient to offset his delivered total nitrogen and delivered\n total phosphorus loads prior to commencing the discharge, except when the\n facility is for short-term temporary use only or when treatment of domestic\n sewage is not the primary purpose of the facility.\n\nB. Waste load allocations required by this section to offset new or increased\ndelivered total nitrogen and delivered total phosphorus loads shall be acquired\nin accordance with this subsection.\n\n 1. Such allocations may be acquired from one or a combination of the\n following:\n \t\t\t\ta. Acquisition of all or a portion of the waste load allocations or point\n source nitrogen or point source phosphorus credits from one or more permitted\n facilities in the same tributary;\n \t\t\t\tb. Acquisition of credits certified by the Board pursuant to §\n 62.1-44.19:20. Such best management practices shall achieve reductions beyond\n those already required by or funded under federal or state law, or the\n Virginia Chesapeake Bay TMDL Watershed Implementation Plan, and shall be\n installed in the same tributary in which the new or expanded facility is\n located and included as conditions of the facility’s individual Virginia\n Pollutant Discharge Elimination System permit;\n \t\t\t\tc. Acquisition of allocations purchased through the Nutrient Offset Fund\n established pursuant to § 10.1-2128.2;\n \t\t\t\td. Acquisition of allocations through such other means as may be approved\n by the Department on a case-by-case basis; or\n \t\t\t\te. Acquisition of credits or allocations through the implementation of\n best management practices on lands owned or controlled by, or under\n contractual obligation with, the new or expanded facility that achieve\n reductions greater than those currently required by or funded under federal or\n state law, or the Virginia Chesapeake Bay TMDL Watershed Implementation Plan,\n subject to the approval by the Board in accordance with standards and\n procedures that are consistent with those established in § 62.1-44.19:20.\n Any such best management practices shall be implemented on lands within the\n same tributary as the new or expanded facility, and any credits assigned by\n the Board based on those practices shall be subject to adjustment based on the\n relevant delivery factor, as defined in § 62.1-44.19:13.\n\n 2. Such allocations or credits shall be provided for a minimum period of five\n years with each registration under the general permit. This subdivision shall\n not preclude longer-term or permanent allocations, except that such\n allocations are subject to modification by the Board where necessary to\n conform to the Chesapeake Bay TMDL.\n\n 3. The Board shall give priority to allocations or credits acquired in\n accordance with subdivisions 1 a, 1 b, and 1 d. The Board shall approve\n allocations acquired in accordance with subdivision 1 d only after the owner\n or operator has demonstrated that he has made a good faith effort to acquire\n sufficient allocations in accordance with subdivisions 1 a, 1 b, and 1 d and\n that such allocations are not reasonably available taking into account timing,\n cost, and other relevant factors.\n\n 4. Notwithstanding the priority provisions in subdivision 3, the Board may\n grant a waste load allocation in accordance with subdivision 1 d to an owner\n or operator of a facility authorized by a Virginia Pollution Abatement permit\n to land apply domestic sewage if (i) the Virginia Pollution Abatement permit\n was issued before July 1, 2005; (ii) the waste load allocation does not exceed\n such facility’s permitted design capacity as of July 1, 2005; (iii) the\n waste treated by the existing facility is going to be treated and discharged\n pursuant to a Virginia Pollutant Discharge Elimination System permit for a new\n discharge; and (iv) the owner or operator installs state-of-the-art nutrient\n removal technology at such facility. Such facilities cannot generate credits\n or waste load allocations, based upon the removal of land application sites,\n that can be acquired by other permitted facilities to meet the requirements of\n this article.\n\nC. Until such time as the Director finds that no allocations are reasonably\navailable in an individual tributary, the general permit shall provide for the\nacquisition of allocations through payments into the Nutrient Offset Fund\nestablished in § 10.1-2128.2. Such payments shall be promptly applied by\nthe Department to achieve equivalent point or nonpoint source reductions in the\nsame tributary beyond those reductions already required by or funded under\nfederal or state law or the Virginia Chesapeake Bay TMDL Watershed\nImplementation Plan. The general permit shall base the cost of each pound of\nallocation on (i) the estimated cost of achieving a reduction of one pound of\nnitrogen or phosphorus at the facility that is securing the allocation, or\ncomparable facility, for each pound of allocation acquired; or (ii) the average\ncost of reducing two pounds of nitrogen or phosphorus from nonpoint sources in\nthe same tributary for each pound of allocation acquired, whichever is higher.\nUpon each reissuance of the general permit, the Board may adjust the cost of\neach pound of allocation based on current costs and cost estimates.\n\nD. The acquisition of nutrient allocations or credits from animal\nwaste-to-energy or animal waste reduction facilities, or the acquisition of such\nnutrient allocations or credits from entities acting on behalf of such\nfacilities, shall be considered point source allocations or credits for all\nnutrient trading purposes and shall not be subject to any otherwise applicable\nnonpoint source trading ratio if the best management practice being used to\ngenerate such nutrient allocations or credits is a point source nutrient removal\ntechnology. Point source nutrient removal technology shall include animal waste\ngasification in which lab analysis of the animal waste reveals the concentration\nof nutrients in the animal waste being fed into the gasifier, and the fate of\nthe nutrients during the animal waste gasification process, is known and\ndocumented using studies such as air emissions tests and ash analyses.\n\nHISTORY: 2005, cc. 708, 710; 2007, c. 27; 2010, c. 288; 2011, cc. 440, 524;\n2012, cc. 748, 808; 2013, cc. 756, 793; 2016, cc. 137, 377.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}