                                 CODE OF VIRGINIA

NUTRIENT AND SEDIMENT CREDIT GENERATION AND TRANSFER; PUBLIC BODY (§
62.1-44.19:21.2)

A. Except as provided in subsection B, the only nonpoint nutrient credits that
shall be transferred pursuant to either (i) &#xA7; 62.1-44.15:35 or (ii)
subsections B, C, and D of &#xA7; 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. Other than for purposes of subsection A of &#xA7; 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&#8217;s project. For the purposes of this
subsection, the term &#8220;public body&#8217;s project&#8221; 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. Any publicly owned treatment works that is permitted under the Watershed
General Virginia Pollutant Discharge Elimination System (VPDES) Permit pursuant
to &#xA7; 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 &#xA7; 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&#8217;s postconstruction phosphorus control
requirement.

D. 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 &#xA7; 15.2-2243.

HISTORY: 2020, cc. 1102, 1103.