{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.19_21.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.19_21.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.19_21.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.19_21.html"}],"law_id":65174,"edition_id":1,"section_id":65174,"structure_id":14645,"section_number":"62.1-44.19:21","catch_line":"Nutrient credit use by regulated entities","history":"2012, cc. 748, 808, \u00a7 10.1-603.15:3; 2013, cc. 756, 793; 2021, Sp. Sess. I, c. 360.","full_text":"A\n\nAn MS4 permittee may acquire, use, and transfer nutrient credits for purposes of compliance with any waste load allocations established as effluent limitations in an MS4 permit issued pursuant to § 62.1-44.15:25. Such method of compliance may be approved by the Department following review of a compliance plan submitted by the permittee that includes the use of nutrient credits. The permittee may use such credits for compliance purposes only if (i) the credits, whether annual, term, or perpetual, are generated and applied for purposes of compliance for the same calendar year; (ii) the credits are acquired no later than a date following the calendar year in which the credits are applied as specified by the Department consistent with the permittee’s Virginia Stormwater Management Program (VSMP) permit annual report deadline under such permit; (iii) the credits are generated in the same locality or tributary, except that permittees in the Eastern Coastal Basin may also acquire credits from the Potomac and Rappahannock tributaries; and (iv) the credits either are point source nitrogen or point source phosphorus credits generated by point sources covered by the general permit issued pursuant to § 62.1-44.19:14, or are certified pursuant to § 62.1-44.19:20. An MS4 permittee may enter into an agreement with one or more other MS4 permittees within the same locality or within the same or adjacent eight-digit hydrologic unit code to collectively meet the sum of any waste load allocations in their permits. Such permittees shall submit to the Department for approval a compliance plan to achieve their aggregate permit waste load allocations.B\n\nAn applicant required to comply with water quality requirements for land-disturbing activities operating under a General VSMP Permit for Discharges of Stormwater from Construction Activities or a Construction Individual Permit may acquire and use perpetual nutrient credits certified and registered on the Virginia Nutrient Credit Registry in accordance with § 62.1-44.15:35.C\n\nA confined animal feeding operation issued a permit pursuant to this chapter may acquire, use, and transfer credits for compliance with any waste load allocations contained in the provisions of a Virginia Pollutant Discharge Elimination System (VPDES) permit. Such method of compliance may be approved by the Department following review of a compliance plan submitted by the permittee that includes the use of nutrient credits.D\n\nA facility registered under the Industrial Stormwater General Permit issued pursuant to this chapter or issued a VPDES permit regulating stormwater discharges that requires nitrogen and phosphorus monitoring at the facility may acquire, use, and transfer credits for compliance with any waste load allocations established as effluent limitations in a VPDES permit. Such method of compliance may be approved by the Department following review of a compliance plan submitted by the permittee that includes the use of nutrient credits.E\n\nPublic notice of each compliance plan submitted for approval pursuant to this section shall be given by the Department.F\n\nThis section shall not be construed to limit or otherwise affect the authority of the Board to establish and enforce more stringent water quality-based effluent limitations for total nitrogen or total phosphorus in permits where those limitations are necessary to protect local water quality. The exchange or acquisition of credits pursuant to this article shall not affect any requirement to comply with such local water quality-based limitations.","order_by":null,"text":{"0":{"id":237064,"text":"An MS4 permittee may acquire, use, and transfer nutrient credits for purposes of compliance with any waste load allocations established as effluent limitations in an MS4 permit issued pursuant to § 62.1-44.15:25. Such method of compliance may be approved by the Department following review of a compliance plan submitted by the permittee that includes the use of nutrient credits. The permittee may use such credits for compliance purposes only if (i) the credits, whether annual, term, or perpetual, are generated and applied for purposes of compliance for the same calendar year; (ii) the credits are acquired no later than a date following the calendar year in which the credits are applied as specified by the Department consistent with the permittee’s Virginia Stormwater Management Program (VSMP) permit annual report deadline under such permit; (iii) the credits are generated in the same locality or tributary, except that permittees in the Eastern Coastal Basin may also acquire credits from the Potomac and Rappahannock tributaries; and (iv) the credits either are point source nitrogen or point source phosphorus credits generated by point sources covered by the general permit issued pursuant to § 62.1-44.19:14, or are certified pursuant to § 62.1-44.19:20. An MS4 permittee may enter into an agreement with one or more other MS4 permittees within the same locality or within the same or adjacent eight-digit hydrologic unit code to collectively meet the sum of any waste load allocations in their permits. Such permittees shall submit to the Department for approval a compliance plan to achieve their aggregate permit waste load allocations.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":237065,"text":"An applicant required to comply with water quality requirements for land-disturbing activities operating under a General VSMP Permit for Discharges of Stormwater from Construction Activities or a Construction Individual Permit may acquire and use perpetual nutrient credits certified and registered on the Virginia Nutrient Credit Registry in accordance with § 62.1-44.15:35.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":237066,"text":"A confined animal feeding operation issued a permit pursuant to this chapter may acquire, use, and transfer credits for compliance with any waste load allocations contained in the provisions of a Virginia Pollutant Discharge Elimination System (VPDES) permit. Such method of compliance may be approved by the Department following review of a compliance plan submitted by the permittee that includes the use of nutrient credits.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":237067,"text":"A facility registered under the Industrial Stormwater General Permit issued pursuant to this chapter or issued a VPDES permit regulating stormwater discharges that requires nitrogen and phosphorus monitoring at the facility may acquire, use, and transfer credits for compliance with any waste load allocations established as effluent limitations in a VPDES permit. Such method of compliance may be approved by the Department following review of a compliance plan submitted by the permittee that includes the use of nutrient credits.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":237068,"text":"Public notice of each compliance plan submitted for approval pursuant to this section shall be given by the Department.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":237069,"text":"This section shall not be construed to limit or otherwise affect the authority of the Board to establish and enforce more stringent water quality-based effluent limitations for total nitrogen or total phosphorus in permits where those limitations are necessary to protect local water quality. The exchange or acquisition of credits pursuant to this article shall not affect any requirement to comply with such local water quality-based limitations.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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":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},"next_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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.19:21\/","history_text":"

This law was first created in 2012. The record of its establishment is cataloged in chapters 748<\/a> and 808<\/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 1 time. 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. That modification is as follows: in 2013, chapters 756<\/a> and 793<\/a>.<\/p>","references":[{"id":70432,"section_number":"62.1-44.19:21.2","catch_line":"Nutrient and sediment credit generation and transfer; public body","order_by":null,"url":"\/62.1-44.19_21.2\/"}],"refers_to":[{"id":75035,"section_number":"62.1-44.15:25","catch_line":"Further powers and duties of the State Water Control Board","order_by":null,"url":"\/62.1-44.15_25\/"},{"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":62446,"section_number":"62.1-44.19:20","catch_line":"Nutrient credit certification","order_by":null,"url":"\/62.1-44.19_20\/"}],"permalink":{"id":269943,"object_type":"law","relational_id":65174,"identifier":"62.1-44.19:21","token":"62.1\/3.1\/4.02\/62.1-44.19_21","url":"\/62.1-44.19_21\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.19_21\/","token":"62.1\/3.1\/4.02\/62.1-44.19_21","dublin_core":{"Title":"Nutrient credit use by regulated entities","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.19:21","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> An MS4 permittee<\/span> may acquire, use, and transfer nutrient credits<\/span> for purposes of compliance with any waste load allocations<\/span> established as effluent limitations in an MS4 permit issued pursuant to § 62.1-44.15:25<\/a>. Such method of compliance may be approved by the Department<\/span> following review of a compliance plan submitted by the permittee<\/span> that includes the use of nutrient credits<\/span>. The permittee<\/span> may use such credits for compliance purposes only if (i) the credits, whether annual, term, or perpetual, are generated and applied for purposes of compliance for the same calendar year; (ii) the credits are acquired no later than a date following the calendar year in which the credits are applied as specified by the Department<\/span> consistent with the permittee<\/span>’s Virginia Stormwater Management Program (VSMP) permit annual report deadline under such permit; (iii) the credits are generated in the same locality or tributary, except that permittees<\/span> in the Eastern Coastal Basin may also acquire credits from the Potomac and Rappahannock tributaries<\/span>; and (iv) the credits either are point source nitrogen or point source phosphorus credits<\/span> generated by point sources covered by the general permit<\/span> issued pursuant to § 62.1-44.19:14<\/a>, or are certified pursuant to § 62.1-44.19:20<\/a>. An MS4 permittee<\/span> may enter into an agreement with one or more other MS4 permittees<\/span> within the same locality or within the same or adjacent eight-digit hydrologic unit code to collectively meet the sum of any waste load allocations<\/span> in their permits. Such permittees<\/span> shall submit to the Department<\/span> for approval a compliance plan to achieve their aggregate permit waste load allocations<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> An applicant required to comply with water quality requirements for land-disturbing activities operating under a General VSMP Permit for Discharges of Stormwater from Construction Activities or a Construction Individual Permit may acquire and use perpetual nutrient credits<\/span> certified and registered on the Virginia Nutrient Credit<\/span> Registry in accordance with § 62.1-44.15:35<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A confined animal feeding operation issued a permit pursuant to this chapter may acquire, use, and transfer credits for compliance with any waste load allocations<\/span> contained in the provisions of a Virginia Pollutant Discharge Elimination System (VPDES) permit. Such method of compliance may be approved by the Department<\/span> following review of a compliance plan submitted by the permittee<\/span> that includes the use of nutrient credits<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A facility<\/span> registered under the Industrial Stormwater General Permit<\/span> issued pursuant to this chapter or issued a VPDES permit regulating stormwater discharges that requires nitrogen and phosphorus monitoring at the facility<\/span> may acquire, use, and transfer credits for compliance with any waste load allocations<\/span> established as effluent limitations in a VPDES permit. Such method of compliance may be approved by the Department<\/span> following review of a compliance plan submitted by the permittee<\/span> that includes the use of nutrient credits<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Public notice of each compliance plan submitted for approval pursuant to this section shall be given by the Department<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> This section shall not be construed to limit or otherwise affect the authority of the Board<\/span> to establish and enforce more stringent water quality-based effluent limitations for total nitrogen or total phosphorus in permits where those limitations are necessary to protect local water quality. The exchange or acquisition of credits pursuant to this article shall not affect any requirement to comply with such local water quality-based limitations. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNUTRIENT CREDIT USE BY REGULATED ENTITIES (\u00a7 62.1-44.19:21)\n\nA. An MS4 permittee may acquire, use, and transfer nutrient credits for purposes\nof compliance with any waste load allocations established as effluent\nlimitations in an MS4 permit issued pursuant to § 62.1-44.15:25. Such\nmethod of compliance may be approved by the Department following review of a\ncompliance plan submitted by the permittee that includes the use of nutrient\ncredits. The permittee may use such credits for compliance purposes only if (i)\nthe credits, whether annual, term, or perpetual, are generated and applied for\npurposes of compliance for the same calendar year; (ii) the credits are acquired\nno later than a date following the calendar year in which the credits are\napplied as specified by the Department consistent with the permittee’s\nVirginia Stormwater Management Program (VSMP) permit annual report deadline\nunder such permit; (iii) the credits are generated in the same locality or\ntributary, except that permittees in the Eastern Coastal Basin may also acquire\ncredits from the Potomac and Rappahannock tributaries; and (iv) the credits\neither are point source nitrogen or point source phosphorus credits generated by\npoint sources covered by the general permit issued pursuant to §\n62.1-44.19:14, or are certified pursuant to § 62.1-44.19:20. An MS4\npermittee may enter into an agreement with one or more other MS4 permittees\nwithin the same locality or within the same or adjacent eight-digit hydrologic\nunit code to collectively meet the sum of any waste load allocations in their\npermits. Such permittees shall submit to the Department for approval a\ncompliance plan to achieve their aggregate permit waste load allocations.\n\nB. An applicant required to comply with water quality requirements for\nland-disturbing activities operating under a General VSMP Permit for Discharges\nof Stormwater from Construction Activities or a Construction Individual Permit\nmay acquire and use perpetual nutrient credits certified and registered on the\nVirginia Nutrient Credit Registry in accordance with § 62.1-44.15:35.\n\nC. A confined animal feeding operation issued a permit pursuant to this chapter\nmay acquire, use, and transfer credits for compliance with any waste load\nallocations contained in the provisions of a Virginia Pollutant Discharge\nElimination System (VPDES) permit. Such method of compliance may be approved by\nthe Department following review of a compliance plan submitted by the permittee\nthat includes the use of nutrient credits.\n\nD. A facility registered under the Industrial Stormwater General Permit issued\npursuant to this chapter or issued a VPDES permit regulating stormwater\ndischarges that requires nitrogen and phosphorus monitoring at the facility may\nacquire, use, and transfer credits for compliance with any waste load\nallocations established as effluent limitations in a VPDES permit. Such method\nof compliance may be approved by the Department following review of a compliance\nplan submitted by the permittee that includes the use of nutrient credits.\n\nE. Public notice of each compliance plan submitted for approval pursuant to this\nsection shall be given by the Department.\n\nF. This section shall not be construed to limit or otherwise affect the\nauthority of the Board to establish and enforce more stringent water\nquality-based effluent limitations for total nitrogen or total phosphorus in\npermits where those limitations are necessary to protect local water quality.\nThe exchange or acquisition of credits pursuant to this article shall not affect\nany requirement to comply with such local water quality-based limitations.\n\nHISTORY: 2012, cc. 748, 808, \u00a7 10.1-603.15:3; 2013, cc. 756, 793; 2021, Sp.\nSess. I, c. 360.","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}}