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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>73662</law_id><section_number>62.1-44.19:13</section_number><catch_line>Definitions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>62.1-44.15:35</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="62.1">Waters of the State, Ports and Harbors</unit><unit label="chapter" level="2" order_by="1" identifier="3.1">State Water Control Law</unit><unit label="article" level="3" order_by="1" identifier="4.02">Chesapeake Bay Watershed Nutrient Credit Exchange Program</unit></structure><text>
						<section><p>As used in this article, unless the context requires a different meaning:
		&#x201C;<span class="dictionary">Annual mass load of total nitrogen</span>&#x201D; (expressed in pounds per year) means the daily total nitrogen concentration (expressed as mg/L to the nearest 0.01 mg/L) multiplied by the flow volume of effluent discharged during the 24-hour period (expressed as MGD to the nearest 0.01 MGD), multiplied by 8.34 and rounded to the nearest whole number to convert to pounds per day (lbs/day) units, then totaled for the calendar month to convert to pounds per month (lbs/mo) units, and then totaled for the calendar year to convert to pounds per year (lbs/yr) units.
		&#x201C;<span class="dictionary">Annual mass load of total phosphorus</span>&#x201D; (expressed in pounds per year) means the daily total phosphorus concentration (expressed as mg/L to the nearest 0.01mg/L) multiplied by the flow volume of effluent discharged during the 24-hour period (expressed as MGD to the nearest 0.01 MGD) multiplied by 8.34 and rounded to the nearest whole number to convert to pounds per day (lbs/day) units, then totaled for the calendar month to convert to pounds per month (lbs/mo) units, and then totaled for the calendar year to convert to pounds per year (lbs/yr) units.
		&#x201C;<span class="dictionary">Association</span>&#x201D; means the Virginia <span class="dictionary">Nutrient Credit</span> Exchange <span class="dictionary">Association</span> authorized by this article.
		&#x201C;<span class="dictionary">Attenuation</span>&#x201D; means the rate at which nutrients are reduced through natural processes during transport in water.
		&#x201C;Best management practice,&#x201D; &#x201C;practice,&#x201D; or &#x201C;<span class="dictionary">BMP</span>&#x201D; means a structural practice, nonstructural practice, or other management practice used to prevent or reduce nutrient loads associated with stormwater from reaching surface waters or the adverse effects thereof.
		&#x201C;<span class="dictionary">Biological nutrient removal technology</span>&#x201D; means (i) technology that will achieve an annual average total nitrogen effluent concentration of eight milligrams per liter and an annual average total phosphorus effluent concentration of one milligram per liter, or (ii) equivalent reductions in loads of total nitrogen and total phosphorus through the recycle or <span class="dictionary">reuse</span> of wastewater as determined by the <span class="dictionary">Department</span>.
		&#x201C;<span class="dictionary">Delivered total nitrogen load</span>&#x201D; means the discharged mass load of total nitrogen from a point source that is adjusted by the <span class="dictionary">delivery factor</span> for that point source.
		&#x201C;<span class="dictionary">Delivered total phosphorus load</span>&#x201D; means the discharged mass load of total phosphorus from a point source that is adjusted by the <span class="dictionary">delivery factor</span> for that point source.
		&#x201C;<span class="dictionary">Delivery factor</span>&#x201D; means an estimate of the number of pounds of total nitrogen or total phosphorus delivered to tidal waters for every pound discharged from a <span class="dictionary">permitted facility</span>, as determined by the specific geographic location of the <span class="dictionary">permitted facility</span>, to account for <span class="dictionary">attenuation</span> that occurs during riverine transport between the <span class="dictionary">permitted facility</span> and tidal waters. <span class="dictionary">Delivery factors</span> shall be calculated using the Chesapeake Bay Program watershed model.
		&#x201C;<span class="dictionary">Department</span>&#x201D; means the <span class="dictionary">Department</span> of Environmental Quality.
		&#x201C;<span class="dictionary">Enhanced Nutrient Removal Certainty Program</span>&#x201D; or &#x201C;<span class="dictionary">ENRC Program</span>&#x201D; means the Phase III Watershed Implementation Plan <span class="dictionary">Enhanced Nutrient Removal Certainty Program</span> established pursuant to subsection G of &#xA7;&#xA0;<a class="law" title="Watershed general permit for nutrients" href="/62.1-44.19_14/">62.1-44.19:14</a>.
		&#x201C;<span class="dictionary">Equivalent load</span>&#x201D; means 2,300 pounds per year of total nitrogen and 300 pounds per year of total phosphorus at a flow volume of 40,000 gallons per day; 5,700 pounds per year of total nitrogen and 760 pounds per year of total phosphorus at a flow volume of 100,000 gallons per day; and 28,500 pounds per year of total nitrogen and 3,800 pounds per year of total phosphorus at a flow volume of 500,000 gallons per day.
		&#x201C;Facility&#x201D; means a point source discharging or proposing to discharge total nitrogen or total phosphorus to the Chesapeake Bay or its <span class="dictionary">tributaries</span>. This term does not include confined animal feeding operations, discharges of stormwater, return flows from irrigated agriculture, or vessels.
		&#x201C;<span class="dictionary">General permit</span>&#x201D; means the <span class="dictionary">general permit</span> authorized by this article.
		&#x201C;MS4&#x2033; means a <span class="dictionary">municipal separate storm sewer</span> system.
		&#x201C;<span class="dictionary">Nutrient credit</span>&#x201D; or &#x201C;credit&#x201D; means a nutrient reduction that is certified pursuant to this article and expressed in pounds of phosphorus or nitrogen either (i) delivered to tidal waters when the credit is generated within the Chesapeake Bay Watershed or (ii) as otherwise specified when generated in the Southern Rivers watersheds. &#x201C;<span class="dictionary">Nutrient credit</span>&#x201D; does not include <span class="dictionary">point source nitrogen credits</span> or <span class="dictionary">point source phosphorus credits</span> as defined in this section.
		&#x201C;<span class="dictionary"><span class="dictionary">Nutrient credit</span>-generating entity</span>&#x201D; means an entity that generates nonpoint source <span class="dictionary">nutrient credits</span>.
		&#x201C;<span class="dictionary">Permitted facility</span>&#x201D; means a facility authorized by the <span class="dictionary">general permit</span> to discharge total nitrogen or total phosphorus. For the sole purpose of generating <span class="dictionary">point source nitrogen credits</span> or <span class="dictionary">point source phosphorus credits</span>, &#x201C;<span class="dictionary">permitted facility</span>&#x201D; shall also mean the Blue Plains wastewater treatment facility operated by the District of Columbia Water and Sewer Authority.
		&#x201C;<span class="dictionary">Permittee</span>&#x201D; means a <span class="dictionary">person</span> authorized by the <span class="dictionary">general permit</span> to discharge total nitrogen or total phosphorus.
		&#x201C;<span class="dictionary">Point source nitrogen credit</span>&#x201D; means the difference between (i) the <span class="dictionary">waste load allocation</span> for a <span class="dictionary">permitted facility</span> specified as an <span class="dictionary">annual mass load of total nitrogen</span>, and (ii) the monitored <span class="dictionary">annual mass load of total nitrogen</span> discharged by that facility, where clause (ii) is less than clause (i), and where the difference is adjusted by the applicable <span class="dictionary">delivery factor</span> and expressed as pounds per year of <span class="dictionary">delivered total nitrogen load</span>.
		&#x201C;<span class="dictionary">Point source phosphorus credit</span>&#x201D; means the difference between (i) the <span class="dictionary">waste load allocation</span> for a <span class="dictionary">permitted facility</span> specified as an <span class="dictionary">annual mass load of total phosphorus</span>, and (ii) the monitored <span class="dictionary">annual mass load of total phosphorus</span> discharged by that facility, where clause (ii) is less than clause (i), and where the difference is adjusted by the applicable <span class="dictionary">delivery factor</span> and expressed as pounds per year of <span class="dictionary">delivered total phosphorus load</span>.
		&#x201C;<span class="dictionary">State-of-the-art nutrient removal technology</span>&#x201D; means (i) technology that will achieve an annual average total nitrogen effluent concentration of three milligrams per liter and an annual average total phosphorus effluent concentration of 0.3 milligrams per liter, or (ii) <span class="dictionary">equivalent load</span> reductions in total nitrogen and total phosphorus through recycle or <span class="dictionary">reuse</span> of wastewater as determined by the <span class="dictionary">Department</span>.
		&#x201C;<span class="dictionary">Tributaries</span>&#x201D; means those river basins listed in the Chesapeake Bay TMDL and includes the Potomac, Rappahannock, York, and James River Basins, and the Eastern Shore, which encompasses the creeks and rivers of the Eastern Shore of Virginia that are west of Route 13 and drain into the Chesapeake Bay.
		&#x201C;<span class="dictionary">Waste load allocation</span>&#x201D; means (i) the water quality-based <span class="dictionary">annual mass load of total nitrogen</span> or <span class="dictionary">annual mass load of total phosphorus</span> allocated to individual facilities pursuant to the Water Quality Management Planning <span class="dictionary">Regulation</span> (9VAC25-720) or its successor, or permitted capacity in the case of nonsignificant dischargers; (ii) the water quality-based <span class="dictionary">annual mass load of total nitrogen</span> or <span class="dictionary">annual mass load of total phosphorus</span> acquired pursuant to &#xA7;&#xA0;<a class="law" title="New or expanded facilities" href="/62.1-44.19_15/">62.1-44.19:15</a> for new or expanded facilities; or (iii) applicable total nitrogen or total phosphorus <span class="dictionary">waste load allocations</span> under the Chesapeake Bay total maximum daily loads (TMDLs) to restore or protect the water quality and <span class="dictionary">beneficial uses</span> of the Chesapeake Bay or its tidal <span class="dictionary">tributaries</span>.</p></section></text><history>2005, cc. 708, 710; 2012, cc. 748, 808; 2013, cc. 756, 793; 2015, c. 164; 2021, Sp. Sess. I, cc. 363, 364.</history><metadata></metadata></law>
