{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.19_21.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.19_21.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.19_21.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.19_21.2.html"}],"law_id":70432,"edition_id":1,"section_id":70432,"structure_id":14645,"section_number":"62.1-44.19:21.2","catch_line":"Nutrient and sediment credit generation and transfer; public body","history":"2020, cc. 1102, 1103.","full_text":"A\n\nExcept as provided in subsection B, the only nonpoint nutrient credits that shall be transferred pursuant to either (i) § 62.1-44.15:35 or (ii) subsections B, C, and D of § 62.1-44.19:21 are nutrient credits generated by the private sector, including credits generated by the private sector pursuant to an agreement with a public body.B\n\nOther than for purposes of subsection A of § 62.1-44.19:21, nutrient credits or sediment credits generated by a project undertaken by a public body, including a locality, and certified by the Department shall be used only by such public body and only for the purpose of compliance with the provisions of this chapter by such public body’s project. For the purposes of this subsection, the term “public body’s project” means a project for which the public body is the named permittee and for which no third party conducts any lease, sale, grant, transfer, or use of the project or its nutrient or sediment credits.C\n\nAny publicly owned treatment works that is permitted under the Watershed General Virginia Pollutant Discharge Elimination System (VPDES) Permit pursuant to § 62.1-44.19:14 and is constructing or expanding the treatment works, wastewater collection system, or other facility used for public wastewater utility operations may, as an alternative to acquiring and using certain perpetual nutrient credits pursuant to subsection B of § 62.1-44.19:21, permanently retire a portion of its wasteload allocation if (i) notice is given by such applicant to the Department, (ii) a ratio of 10 pounds of nitrogen allocation for each pound of phosphorous allocation retired is also permanently retired and applied toward the land-disturbing project, and (iii) the general permit registration list is modified to reflect the permanent retirement of the wasteload allocation. Except for a water reclamation and reuse project at a treatment works, no more than 10 pounds per year of phosphorous allocation may be applied toward a single project’s postconstruction phosphorus control requirement.D\n\nNothing in this section shall be construed to prevent any (i) public body, including a locality, from entering into an agreement with a private third party for the development of a project to generate nonpoint nutrient credits on terms and conditions upon which the public body and private third party agree or (ii) locality from operating a locality pollutant loading pro rata share program for nutrient reductions established pursuant to § 15.2-2243.","order_by":null,"text":{"0":{"id":254183,"text":"Except as provided in subsection B, the only nonpoint nutrient credits that shall be transferred pursuant to either (i) § 62.1-44.15:35 or (ii) subsections B, C, and D of § 62.1-44.19:21 are nutrient credits generated by the private sector, including credits generated by the private sector pursuant to an agreement with a public body.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":254184,"text":"Other than for purposes of subsection A of § 62.1-44.19:21, nutrient credits or sediment credits generated by a project undertaken by a public body, including a locality, and certified by the Department shall be used only by such public body and only for the purpose of compliance with the provisions of this chapter by such public body’s project. For the purposes of this subsection, the term “public body’s project” means a project for which the public body is the named permittee and for which no third party conducts any lease, sale, grant, transfer, or use of the project or its nutrient or sediment credits.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":254185,"text":"Any publicly owned treatment works that is permitted under the Watershed General Virginia Pollutant Discharge Elimination System (VPDES) Permit pursuant to § 62.1-44.19:14 and is constructing or expanding the treatment works, wastewater collection system, or other facility used for public wastewater utility operations may, as an alternative to acquiring and using certain perpetual nutrient credits pursuant to subsection B of § 62.1-44.19:21, permanently retire a portion of its wasteload allocation if (i) notice is given by such applicant to the Department, (ii) a ratio of 10 pounds of nitrogen allocation for each pound of phosphorous allocation retired is also permanently retired and applied toward the land-disturbing project, and (iii) the general permit registration list is modified to reflect the permanent retirement of the wasteload allocation. Except for a water reclamation and reuse project at a treatment works, no more than 10 pounds per year of phosphorous allocation may be applied toward a single project’s postconstruction phosphorus control requirement.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":254186,"text":"Nothing in this section shall be construed to prevent any (i) public body, including a locality, from entering into an agreement with a private third party for the development of a project to generate nonpoint nutrient credits on terms and conditions upon which the public body and private third party agree or (ii) locality from operating a locality pollutant loading pro rata share program for nutrient reductions established pursuant to § 15.2-2243.","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; 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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.19:21.2\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapters 1102<\/a> and 1103<\/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.<\/p>","references":false,"refers_to":[{"id":74283,"section_number":"15.2-2243","catch_line":"Payment by subdivider of the pro rata share of the cost of certain facilities","order_by":null,"url":"\/15.2-2243\/"},{"id":67780,"section_number":"62.1-44.15:35","catch_line":"Nutrient credit use and additional offsite options for construction activities","order_by":null,"url":"\/62.1-44.15_35\/"},{"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":65174,"section_number":"62.1-44.19:21","catch_line":"Nutrient credit use by regulated entities","order_by":null,"url":"\/62.1-44.19_21\/"}],"permalink":{"id":269951,"object_type":"law","relational_id":70432,"identifier":"62.1-44.19:21.2","token":"62.1\/3.1\/4.02\/62.1-44.19_21.2","url":"\/62.1-44.19_21.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.19_21.2\/","token":"62.1\/3.1\/4.02\/62.1-44.19_21.2","dublin_core":{"Title":"Nutrient and sediment credit generation and transfer; public body","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.19:21.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as provided in subsection B, the only nonpoint nutrient credits<\/span> that shall be transferred pursuant to either (i) § 62.1-44.15:35<\/a> or (ii) subsections B, C, and D of § 62.1-44.19:21<\/a> are nutrient credits<\/span> generated by the private sector, including credits generated by the private sector pursuant to an agreement with a public body. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Other than for purposes of subsection A of § 62.1-44.19:21<\/a>, nutrient credits<\/span> or sediment credits generated by a project undertaken by a public body, including a locality, and certified by the Department<\/span> shall be used only by such public body and only for the purpose of compliance with the provisions of this chapter by such public body’s project. For the purposes of this subsection, the term “public body’s project” means a project for which the public body is the named permittee<\/span> and for which no third party<\/span> conducts any lease, sale, grant, transfer, or use of the project or its nutrient or sediment credits. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any publicly owned treatment works<\/span> that is permitted under the Watershed General Virginia Pollutant Discharge Elimination System (VPDES) Permit pursuant to § 62.1-44.19:14<\/a> and is constructing or expanding the treatment works<\/span>, wastewater collection system, or other facility<\/span> used for public wastewater utility operations may, as an alternative to acquiring and using certain perpetual nutrient credits<\/span> pursuant to subsection B of § 62.1-44.19:21<\/a>, permanently retire a portion of its wasteload allocation if (i) notice is given by such applicant to the Department<\/span>, (ii) a ratio of 10 pounds of nitrogen allocation for each pound of phosphorous allocation retired is also permanently retired and applied toward the land-disturbing project, and (iii) the general permit<\/span> registration list is modified to reflect the permanent retirement of the wasteload allocation. Except for a water reclamation<\/span> and reuse<\/span> project at a treatment works<\/span>, no more than 10 pounds per year of phosphorous allocation may be applied toward a single project’s postconstruction phosphorus control requirement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Nothing in this section shall be construed to prevent any (i) public body, including a locality, from entering into an agreement with a private third party<\/span> for the development of a project to generate nonpoint nutrient credits<\/span> on terms and conditions upon which the public body and private third party<\/span> agree or (ii) locality from operating a locality pollutant loading pro rata share program for nutrient reductions established pursuant to § 15.2-2243<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNUTRIENT AND SEDIMENT CREDIT GENERATION AND TRANSFER; PUBLIC BODY (\u00a7\n62.1-44.19:21.2)\n\nA. Except as provided in subsection B, the only nonpoint nutrient credits that\nshall be transferred pursuant to either (i) § 62.1-44.15:35 or (ii)\nsubsections B, C, and D of § 62.1-44.19:21 are nutrient credits generated\nby the private sector, including credits generated by the private sector\npursuant to an agreement with a public body.\n\nB. Other than for purposes of subsection A of § 62.1-44.19:21, nutrient\ncredits or sediment credits generated by a project undertaken by a public body,\nincluding a locality, and certified by the Department shall be used only by such\npublic body and only for the purpose of compliance with the provisions of this\nchapter by such public body’s project. For the purposes of this\nsubsection, the term “public body’s project” means a project\nfor which the public body is the named permittee and for which no third party\nconducts any lease, sale, grant, transfer, or use of the project or its nutrient\nor sediment credits.\n\nC. Any publicly owned treatment works that is permitted under the Watershed\nGeneral Virginia Pollutant Discharge Elimination System (VPDES) Permit pursuant\nto § 62.1-44.19:14 and is constructing or expanding the treatment works,\nwastewater collection system, or other facility used for public wastewater\nutility operations may, as an alternative to acquiring and using certain\nperpetual nutrient credits pursuant to subsection B of § 62.1-44.19:21,\npermanently retire a portion of its wasteload allocation if (i) notice is given\nby such applicant to the Department, (ii) a ratio of 10 pounds of nitrogen\nallocation for each pound of phosphorous allocation retired is also permanently\nretired and applied toward the land-disturbing project, and (iii) the general\npermit registration list is modified to reflect the permanent retirement of the\nwasteload allocation. Except for a water reclamation and reuse project at a\ntreatment works, no more than 10 pounds per year of phosphorous allocation may\nbe applied toward a single project’s postconstruction phosphorus control\nrequirement.\n\nD. Nothing in this section shall be construed to prevent any (i) public body,\nincluding a locality, from entering into an agreement with a private third party\nfor the development of a project to generate nonpoint nutrient credits on terms\nand conditions upon which the public body and private third party agree or (ii)\nlocality from operating a locality pollutant loading pro rata share program for\nnutrient reductions established pursuant to § 15.2-2243.\n\nHISTORY: 2020, cc. 1102, 1103.","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}}