{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.19_18.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.19_18.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.19_18.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.19_18.html"}],"law_id":82136,"edition_id":1,"section_id":82136,"structure_id":14645,"section_number":"62.1-44.19:18","catch_line":"Nutrient allocation compliance and reporting","history":"2005, cc. 708, 710; 2010, c. 11; 2011, c. 524; 2012, cc. 748, 808.","full_text":"A\n\nEach permitted facility shall be in compliance with its individual waste load allocations if: (i) its annual mass load is less than the applicable waste load allocation assigned to the facility in the general permit; (ii) the permitted facility acquires sufficient point source nitrogen or phosphorus credits in accordance with subdivision 1; or (iii) in the event it is unable to meet the individual waste load allocation pursuant to clauses (i) or (ii), the permitted facility acquires sufficient nitrogen or phosphorus credits through payments made in accordance with subdivision 2, provided, however, that the acquisition of nitrogen or phosphorus credits pursuant to this section shall not alter or otherwise affect the individual waste load allocations for each permitted facility.1\n\nA permittee may acquire point source nitrogen or phosphorus credits from one or more permitted facilities only if (i) the credits are generated and applied to a compliance obligation in the same calendar year, (ii) the credits are generated by one or more permitted facilities in the same tributary, except that permitted facilities in the Eastern Coastal Basin may also acquire credits from permitted facilities in the Potomac and Rappahannock tributaries, (iii) the credits are acquired no later than June 1 immediately following the calendar year in which the credits are applied, and (iv) no later than June 1 immediately following the calendar year in which the credits are applied, the permittee certifies on a form supplied by the Department that he has acquired sufficient credits to satisfy his compliance obligations.2\n\nA permittee may acquire nitrogen or phosphorus credits through payments made into the Nutrient Offset Fund established in § 10.1-2128.2 only if, no later than June 1 immediately following the calendar year in which the credits are applied, the permittee certifies on a form supplied by the Department that he has diligently sought, but has been unable to acquire, sufficient credits to satisfy his compliance obligations through the acquisition of point source nitrogen or phosphorus credits with other permitted facilities in the same tributary, and that he has acquired sufficient credits to satisfy his compliance obligations through one or more payments made in accordance with the terms of the general permit.B\n\nUntil such time as the Director finds that no credits are reasonably available in an individual tributary, the general permit shall provide for the acquisition of nitrogen and phosphorus credits through payments into the Nutrient Offset Fund in accordance with subdivision A 2. Such payments shall be promptly applied 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 nitrogen or phosphorus credit on the average cost of reducing one pound of nitrogen or phosphorus from Virginia publicly owned wastewater treatment facilities for each credit acquired. Upon each reissuance of the general permit, the Board may adjust the cost of each nitrogen and phosphorus credit based on (i) the current average cost of reducing a pound of nitrogen or phosphorus from Virginia publicly owned wastewater treatment facilities for each credit acquired and (ii) any additional incentives reasonably necessary to ensure that there is timely and continuing progress toward attaining and maintaining each tributary’s combined waste load allocation.C\n\nOn or before February 1, annually, each permittee shall file a discharge monitoring report with the Department identifying the annual mass load of total nitrogen and the annual mass load of total phosphorus discharged by each permitted facility during the previous calendar year. The report shall contain the certification required by federal and state law and be signed by each permittee for each of the permittee’s facilities covered by the general permit.D\n\nOn or before April 1, annually, the Department shall prepare a report containing the annual mass load of total nitrogen and annual mass load of total phosphorus discharged by each permitted facility, the number of point source nitrogen and phosphorus credits for the previous calendar year generated or required by each such facility, and to the extent there are insufficient point source credits available for exchange to provide for full compliance by every permittee, the number of credits to be purchased pursuant to this section. Upon completion of the report, the Department shall promptly publish notice of the report and make the report available to any person requesting it.E\n\nOn or before July 1, annually, the Department shall publish notice of all nitrogen and phosphorus credit exchanges and purchases for the previous calendar year and make all documents relating to the exchanges and purchases available to any person requesting them.","order_by":null,"text":{"0":{"id":294381,"text":"Each permitted facility shall be in compliance with its individual waste load allocations if: (i) its annual mass load is less than the applicable waste load allocation assigned to the facility in the general permit; (ii) the permitted facility acquires sufficient point source nitrogen or phosphorus credits in accordance with subdivision 1; or (iii) in the event it is unable to meet the individual waste load allocation pursuant to clauses (i) or (ii), the permitted facility acquires sufficient nitrogen or phosphorus credits through payments made in accordance with subdivision 2, provided, however, that the acquisition of nitrogen or phosphorus credits pursuant to this section shall not alter or otherwise affect the individual waste load allocations for each permitted facility.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":294382,"text":"A permittee may acquire point source nitrogen or phosphorus credits from one or more permitted facilities only if (i) the credits are generated and applied to a compliance obligation in the same calendar year, (ii) the credits are generated by one or more permitted facilities in the same tributary, except that permitted facilities in the Eastern Coastal Basin may also acquire credits from permitted facilities in the Potomac and Rappahannock tributaries, (iii) the credits are acquired no later than June 1 immediately following the calendar year in which the credits are applied, and (iv) no later than June 1 immediately following the calendar year in which the credits are applied, the permittee certifies on a form supplied by the Department that he has acquired sufficient credits to satisfy his compliance obligations.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":294383,"text":"A permittee may acquire nitrogen or phosphorus credits through payments made into the Nutrient Offset Fund established in § 10.1-2128.2 only if, no later than June 1 immediately following the calendar year in which the credits are applied, the permittee certifies on a form supplied by the Department that he has diligently sought, but has been unable to acquire, sufficient credits to satisfy his compliance obligations through the acquisition of point source nitrogen or phosphorus credits with other permitted facilities in the same tributary, and that he has acquired sufficient credits to satisfy his compliance obligations through one or more payments made in accordance with the terms of the general permit.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":294384,"text":"Until such time as the Director finds that no credits are reasonably available in an individual tributary, the general permit shall provide for the acquisition of nitrogen and phosphorus credits through payments into the Nutrient Offset Fund in accordance with subdivision A 2. Such payments shall be promptly applied 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 nitrogen or phosphorus credit on the average cost of reducing one pound of nitrogen or phosphorus from Virginia publicly owned wastewater treatment facilities for each credit acquired. Upon each reissuance of the general permit, the Board may adjust the cost of each nitrogen and phosphorus credit based on (i) the current average cost of reducing a pound of nitrogen or phosphorus from Virginia publicly owned wastewater treatment facilities for each credit acquired and (ii) any additional incentives reasonably necessary to ensure that there is timely and continuing progress toward attaining and maintaining each tributary’s combined waste load allocation.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":294385,"text":"On or before February 1, annually, each permittee shall file a discharge monitoring report with the Department identifying the annual mass load of total nitrogen and the annual mass load of total phosphorus discharged by each permitted facility during the previous calendar year. The report shall contain the certification required by federal and state law and be signed by each permittee for each of the permittee’s facilities covered by the general permit.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"5":{"id":294386,"text":"On or before April 1, annually, the Department shall prepare a report containing the annual mass load of total nitrogen and annual mass load of total phosphorus discharged by each permitted facility, the number of point source nitrogen and phosphorus credits for the previous calendar year generated or required by each such facility, and to the extent there are insufficient point source credits available for exchange to provide for full compliance by every permittee, the number of credits to be purchased pursuant to this section. Upon completion of the report, the Department shall promptly publish notice of the report and make the report available to any person requesting it.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"6":{"id":294387,"text":"On or before July 1, annually, the Department shall publish notice of all nitrogen and phosphorus credit exchanges and purchases for the previous calendar year and make all documents relating to the exchanges and purchases available to any person requesting them.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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; duties; composition; appointment; terms","url":"\/62.1-44.19_17\/","token":"62.1\/3.1\/4.02\/62.1-44.19_17","metadata":false},{"id":82136,"structure_id":14645,"section_number":"62.1-44.19:18","catch_line":"Nutrient allocation compliance and reporting","url":"\/62.1-44.19_18\/","token":"62.1\/3.1\/4.02\/62.1-44.19_18","metadata":false},{"id":56212,"structure_id":14645,"section_number":"62.1-44.19:19","catch_line":"Program audits","url":"\/62.1-44.19_19\/","token":"62.1\/3.1\/4.02\/62.1-44.19_19","metadata":false},{"id":62446,"structure_id":14645,"section_number":"62.1-44.19:20","catch_line":"Nutrient credit certification","url":"\/62.1-44.19_20\/","token":"62.1\/3.1\/4.02\/62.1-44.19_20","metadata":false},{"id":65174,"structure_id":14645,"section_number":"62.1-44.19:21","catch_line":"Nutrient credit use by regulated entities","url":"\/62.1-44.19_21\/","token":"62.1\/3.1\/4.02\/62.1-44.19_21","metadata":false},{"id":61901,"structure_id":14645,"section_number":"62.1-44.19:21.1","catch_line":"Sediment credit use by regulated MS4s","url":"\/62.1-44.19_21.1\/","token":"62.1\/3.1\/4.02\/62.1-44.19_21.1","metadata":false},{"id":70432,"structure_id":14645,"section_number":"62.1-44.19:21.2","catch_line":"Nutrient and sediment credit generation and transfer; public body","url":"\/62.1-44.19_21.2\/","token":"62.1\/3.1\/4.02\/62.1-44.19_21.2","metadata":false},{"id":64495,"structure_id":14645,"section_number":"62.1-44.19:22","catch_line":"Enforcement and penalties","url":"\/62.1-44.19_22\/","token":"62.1\/3.1\/4.02\/62.1-44.19_22","metadata":false},{"id":66659,"structure_id":14645,"section_number":"62.1-44.19:23","catch_line":"Appeals","url":"\/62.1-44.19_23\/","token":"62.1\/3.1\/4.02\/62.1-44.19_23","metadata":false}],"previous_section":{"id":58208,"structure_id":14645,"section_number":"62.1-44.19:17","catch_line":"Virginia Nutrient Credit Exchange Association authorized; duties; composition; appointment; terms","url":"\/62.1-44.19_17\/","token":"62.1\/3.1\/4.02\/62.1-44.19_17","metadata":false},"next_section":{"id":56212,"structure_id":14645,"section_number":"62.1-44.19:19","catch_line":"Program audits","url":"\/62.1-44.19_19\/","token":"62.1\/3.1\/4.02\/62.1-44.19_19","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.19:18\/","history_text":"

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 3 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 2010, chapter 11<\/a>; in 2011, chapter 524<\/a>; in 2012, chapters 748<\/a> and 808<\/a>.<\/p>","references":[{"id":77386,"section_number":"10.1-2128.2","catch_line":"Nutrient Offset Fund; purposes","order_by":null,"url":"\/10.1-2128.2\/"},{"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\/"}],"refers_to":[{"id":77386,"section_number":"10.1-2128.2","catch_line":"Nutrient Offset Fund; purposes","order_by":null,"url":"\/10.1-2128.2\/"}],"permalink":{"id":269931,"object_type":"law","relational_id":82136,"identifier":"62.1-44.19:18","token":"62.1\/3.1\/4.02\/62.1-44.19_18","url":"\/62.1-44.19_18\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.19_18\/","token":"62.1\/3.1\/4.02\/62.1-44.19_18","dublin_core":{"Title":"Nutrient allocation compliance and reporting","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.19:18","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Each permitted facility<\/span> shall be in compliance with its individual waste load allocations<\/span> if: (i) its annual mass load is less than the applicable waste load allocation<\/span> assigned to the facility in the general permit<\/span>; (ii) the permitted facility<\/span> acquires sufficient point source nitrogen or phosphorus credits<\/span> in accordance with subdivision 1; or (iii) in the event it is unable to meet the individual waste load allocation<\/span> pursuant to clauses (i) or (ii), the permitted facility<\/span> acquires sufficient nitrogen or phosphorus credits<\/span> through payments made in accordance with subdivision 2, provided, however, that the acquisition of nitrogen or phosphorus credits<\/span> pursuant to this section shall not alter or otherwise affect the individual waste load allocations<\/span> for each permitted facility<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A permittee<\/span> may acquire point source nitrogen or phosphorus credits<\/span> from one or more permitted facilities only if (i) the credits<\/span> are generated and applied to a compliance obligation in the same calendar year, (ii) the credits<\/span> are generated by one or more permitted facilities in the same tributary, except that permitted facilities in the Eastern Coastal Basin may also acquire credits<\/span> from permitted facilities in the Potomac and Rappahannock tributaries<\/span>, (iii) the credits<\/span> are acquired no later than June 1 immediately following the calendar year in which the credits<\/span> are applied, and (iv) no later than June 1 immediately following the calendar year in which the credits<\/span> are applied, the permittee<\/span> certifies on a form supplied by the Department<\/span> that he has acquired sufficient credits<\/span> to satisfy his compliance obligations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A permittee<\/span> may acquire nitrogen or phosphorus credits<\/span> through payments made into the Nutrient Offset Fund established in § 10.1-2128.2<\/a> only if, no later than June 1 immediately following the calendar year in which the credits<\/span> are applied, the permittee<\/span> certifies on a form supplied by the Department<\/span> that he has diligently sought, but has been unable to acquire, sufficient credits<\/span> to satisfy his compliance obligations through the acquisition of point source nitrogen or phosphorus credits<\/span> with other permitted facilities in the same tributary, and that he has acquired sufficient credits<\/span> to satisfy his compliance obligations through one or more payments made in accordance with the terms of the general permit<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Until such time as the Director<\/span> finds that no credits<\/span> are reasonably available in an individual tributary, the general permit<\/span> shall provide for the acquisition of nitrogen and phosphorus credits<\/span> through payments into the Nutrient Offset Fund in accordance with subdivision A 2. Such payments shall be promptly applied 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 nitrogen or phosphorus credit<\/span> on the average cost of reducing one pound of nitrogen or phosphorus from Virginia publicly owned wastewater treatment facilities for each credit<\/span> acquired. Upon each reissuance of the general permit<\/span>, the Board<\/span> may adjust the cost of each nitrogen and phosphorus credit<\/span> based on (i) the current average cost of reducing a pound of nitrogen or phosphorus from Virginia publicly owned wastewater treatment facilities for each credit<\/span> acquired and (ii) any additional incentives reasonably necessary to ensure that there is timely and continuing progress toward attaining and maintaining each tributary’s combined waste load allocation<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> On or before February 1, annually, each permittee<\/span> shall file a discharge monitoring report with the Department<\/span> identifying the annual mass load of total nitrogen<\/span> and the annual mass load of total phosphorus<\/span> discharged by each permitted facility<\/span> during the previous calendar year. The report shall contain the certification required by federal and state law<\/span> and be signed by each permittee<\/span> for each of the permittee<\/span>’s facilities covered by the general permit<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> On or before April 1, annually, the Department<\/span> shall prepare a report containing the annual mass load of total nitrogen<\/span> and annual mass load of total phosphorus<\/span> discharged by each permitted facility<\/span>, the number of point source nitrogen and phosphorus credits<\/span> for the previous calendar year generated or required by each such facility, and to the extent there are insufficient point source credits<\/span> available for exchange to provide for full compliance by every permittee<\/span>, the number of credits<\/span> to be purchased pursuant to this section. Upon completion of the report, the Department<\/span> shall promptly publish notice of the report and make the report available to any person<\/span> requesting it. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> On or before July 1, annually, the Department<\/span> shall publish notice of all nitrogen and phosphorus credit<\/span> exchanges and purchases for the previous calendar year and make all documents relating to the exchanges and purchases available to any person<\/span> requesting them. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNUTRIENT ALLOCATION COMPLIANCE AND REPORTING (\u00a7 62.1-44.19:18)\n\nA. Each permitted facility shall be in compliance with its individual waste load\nallocations if: (i) its annual mass load is less than the applicable waste load\nallocation assigned to the facility in the general permit; (ii) the permitted\nfacility acquires sufficient point source nitrogen or phosphorus credits in\naccordance with subdivision 1; or (iii) in the event it is unable to meet the\nindividual waste load allocation pursuant to clauses (i) or (ii), the permitted\nfacility acquires sufficient nitrogen or phosphorus credits through payments\nmade in accordance with subdivision 2, provided, however, that the acquisition\nof nitrogen or phosphorus credits pursuant to this section shall not alter or\notherwise affect the individual waste load allocations for each permitted\nfacility.\n\n 1. A permittee may acquire point source nitrogen or phosphorus credits from\n one or more permitted facilities only if (i) the credits are generated and\n applied to a compliance obligation in the same calendar year, (ii) the credits\n are generated by one or more permitted facilities in the same tributary,\n except that permitted facilities in the Eastern Coastal Basin may also acquire\n credits from permitted facilities in the Potomac and Rappahannock tributaries,\n (iii) the credits are acquired no later than June 1 immediately following the\n calendar year in which the credits are applied, and (iv) no later than June 1\n immediately following the calendar year in which the credits are applied, the\n permittee certifies on a form supplied by the Department that he has acquired\n sufficient credits to satisfy his compliance obligations.\n\n 2. A permittee may acquire nitrogen or phosphorus credits through payments\n made into the Nutrient Offset Fund established in § 10.1-2128.2 only if,\n no later than June 1 immediately following the calendar year in which the\n credits are applied, the permittee certifies on a form supplied by the\n Department that he has diligently sought, but has been unable to acquire,\n sufficient credits to satisfy his compliance obligations through the\n acquisition of point source nitrogen or phosphorus credits with other\n permitted facilities in the same tributary, and that he has acquired\n sufficient credits to satisfy his compliance obligations through one or more\n payments made in accordance with the terms of the general permit.\n\nB. Until such time as the Director finds that no credits are reasonably\navailable in an individual tributary, the general permit shall provide for the\nacquisition of nitrogen and phosphorus credits through payments into the\nNutrient Offset Fund in accordance with subdivision A 2. Such payments shall be\npromptly applied to achieve equivalent point or nonpoint source reductions in\nthe same 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 nitrogen or\nphosphorus credit on the average cost of reducing one pound of nitrogen or\nphosphorus from Virginia publicly owned wastewater treatment facilities for each\ncredit acquired. Upon each reissuance of the general permit, the Board may\nadjust the cost of each nitrogen and phosphorus credit based on (i) the current\naverage cost of reducing a pound of nitrogen or phosphorus from Virginia\npublicly owned wastewater treatment facilities for each credit acquired and (ii)\nany additional incentives reasonably necessary to ensure that there is timely\nand continuing progress toward attaining and maintaining each tributary’s\ncombined waste load allocation.\n\nC. On or before February 1, annually, each permittee shall file a discharge\nmonitoring report with the Department identifying the annual mass load of total\nnitrogen and the annual mass load of total phosphorus discharged by each\npermitted facility during the previous calendar year. The report shall contain\nthe certification required by federal and state law and be signed by each\npermittee for each of the permittee’s facilities covered by the general\npermit.\n\nD. On or before April 1, annually, the Department shall prepare a report\ncontaining the annual mass load of total nitrogen and annual mass load of total\nphosphorus discharged by each permitted facility, the number of point source\nnitrogen and phosphorus credits for the previous calendar year generated or\nrequired by each such facility, and to the extent there are insufficient point\nsource credits available for exchange to provide for full compliance by every\npermittee, the number of credits to be purchased pursuant to this section. Upon\ncompletion of the report, the Department shall promptly publish notice of the\nreport and make the report available to any person requesting it.\n\nE. On or before July 1, annually, the Department shall publish notice of all\nnitrogen and phosphorus credit exchanges and purchases for the previous calendar\nyear and make all documents relating to the exchanges and purchases available to\nany person requesting them.\n\nHISTORY: 2005, cc. 708, 710; 2010, c. 11; 2011, c. 524; 2012, cc. 748, 808.","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}}