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 Virginia Administrative Code (Last Updated: January 10, 2017)
 Title 9. Environment
 Agency 25. State Water Control Board
 Chapter 820. General Virginia Pollutant Discharge Elimination System (VPDES) Watershedpermit Regulation for Total Nitrogen and Total Phosphorus Discharges Andnutrient Trading in the Chesapeake Bay Watershed in Virginia

  Section 40. Compliance plans  

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  • A. By July 1, 2012, every owner or operator of a facility subject to reduced individual total nitrogen or total phosphorus waste load allocations in the Chesapeake Bay Total Maximum Daily Load for Nitrogen, Phosphorus and Sediment dated December 29, 2010, (as identified in 9VAC25-820-80) shall either individually or through the Virginia Nutrient Credit Exchange Association submit compliance plans to the department for approval.

    1. The compliance plans shall contain any capital projects and implementation schedules needed to achieve total nitrogen and phosphorus reductions sufficient to comply with the individual and combined waste load allocations of all the permittees in the tributary as soon as possible. Permittees submitting individual plans are not required to account for other facilities' activities.

    2. As part of the compliance plan development, permittees shall either:

    a. Demonstrate that the additional capital projects in subdivision 1 of this subsection are necessary to ensure continued compliance with these allocations through the applicable deadline for the tributary to which the facility discharges (Part I C of the permit), or

    b. Request that their individual waste load allocations become effective on January 1, 2012.

    3. The compliance plans may rely on the exchange of point source credits in accordance with this general permit, but not the acquisition of credits through payments into the Water Quality Improvement Fund (§ 10.1-2128 et seq. of the Code of Virginia), to achieve compliance with the individual and combined waste load allocations in each tributary.

    B. Every owner or operator of a facility required to submit a registration statement shall either individually or through the Virginia Nutrient Credit Exchange Association submit annual compliance plan updates to the department for approval as required by Part I D of this general permit.

Historical Notes

Derived from Volume 23, Issue 02, eff. November 1, 2006; amended, Virginia Register Volume 28, Issue 04, eff. January 1, 2012.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.