                                 CODE OF VIRGINIA

SEDIMENT CREDIT USE BY REGULATED MS4S (§ 62.1-44.19:21.1)

A. Subject to the conditions and limitations of subsections B, C, and D, an MS4
permittee may acquire and use sediment credits for purposes of compliance with
any waste load allocations established by total maximum daily loads for the
Chesapeake Bay or its tidal tributaries applied in an MS4 permit issued pursuant
to &#xA7; 62.1-44.15:25, where such credit use is part of an integrated
compliance plan for the MS4 permittee to address such nutrient and sediment
total maximum daily loads.

B. Such method of compliance may be approved by the Department following review
of an integrated compliance plan submitted by the permittee that includes the
use of sediment credits. The permittee may use such credits for compliance
purposes only if (i) the credits are generated and applied for purposes of
compliance for the same calendar year; (ii) the credits are acquired no later
than June 1 immediately following the calendar year to which the credits are
applied; (iii) no later than June 1 immediately following the calendar year to
which credits are applied, the permittee certifies on a form supplied by the
Department that he has acquired sufficient credits to satisfy his compliance
obligations; (iv) the credits are generated in the same tributary; (v) the
sediment credits are not associated with phosphorus credits used for compliance
with stormwater nonpoint nutrient runoff water quality criteria established
pursuant to &#xA7; 62.1-44.15:28; and (vi) the credits are derived from (a)
implementation of best management practices in a defined area outside of an MS4
service area, in which case the necessary baseline sediment reduction for such
defined area shall be achieved prior to the permittee&#8217;s use of additional
reductions as credit, or (b) a point source waste load allocation established by
the Chesapeake Bay total maximum daily load, in which case the credit is the
difference between the waste load allocation specified as an annual mass load
and any lower monitored annual mass load that is discharged as certified on a
form supplied by the Department.

C. 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 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.

D. The Board may adopt regulations for the purpose of establishing procedures
for the certification of nonpoint source sediment credits used pursuant to
subsection B. The Board&#8217;s administration of this section and its adoption
of any such regulations shall be consistent wherever appropriate with the
standards and procedures established pursuant to &#xA7; 62.1-44.19:20 for
certification of nonpoint source nutrient credits, including, without
limitation, the opportunity for public notification, the retirement of credits,
sediment baseline attainment as a condition on generation and use of nonpoint
source sediment credits, financial assurance requirements, and requirements for
inspection or auditing by the Department.

E. For the purposes of this section, &#8220;sediment credit&#8221; means a
sediment or total suspended solids reduction that is expressed in pounds
delivered to tidal waters within the Chesapeake Bay Watershed.

HISTORY: 2016, cc. 8, 126.