reglab/housing_qa huggingface dataset:
VA Code § 62.1-44.19:17 (2021)
2021 Code of Virginia|Title 62.1 - Waters of the State, Ports and Harbors|Chapter 3.1 - State Water Control Law|§ 62.1-44.19:17. Virginia Nutrient Credit Exchange Association authorized; duties; composition; appointment; terms

A. The permittees under the general permit may establish a nonstock corporation under Chapter 10 (§ 13.1-801 et seq.) of Title 13.1, to be known as the Virginia Nutrient Credit Exchange Association, to coordinate and facilitate participation in the nutrient credit exchange program by its members. The Virginia Nutrient Credit Exchange Association, which is hereafter referred to as the Association, may (i) submit on behalf of the permittees the compliance plans required by § 62.1-44.19:14, (ii) develop a standard form of agreement for use by permittees when buying and selling nitrogen and phosphorus allocations and credits, (iii) assist permittees in identifying buyers and sellers of nitrogen and phosphorus allocations and credits, (iv) coordinate planning to ensure that to the extent possible, sufficient credits are available each year to achieve full compliance with the general permit, (v) assist individual municipal permittees in utilizing public-private partnerships and other innovative measures to achieve the Commonwealth's water quality goals, and (vi) perform such other duties and functions as may be necessary to the effective and efficient implementation of the credit exchange program. The Association shall not assume any of the permittees' compliance obligations under the general permit.B. Only permittees under the general permit may become members of the Association. The Association shall operate through a board of directors, which shall consist of 10 members and be representative of the membership in the Association. Association board members shall be employees of Association members, shall be elected by the Association membership at the beginning of each term of the general permit, and shall serve through the end of the permit term to which they were elected. Vacancies for unexpired Association board terms shall be filled in the same manner in which members are originally elected to the Association board.C. The Association board shall elect a president, vice-president, secretary, and treasurer from among its members at the beginning of each permit term. Officers and Association board members shall receive no compensation for their services as officers and board members of the Association.2005, cc. 708, 710.
VA Code § 62.1-44.19:19 (2021)
2021 Code of Virginia|Title 62.1 - Waters of the State, Ports and Harbors|Chapter 3.1 - State Water Control Law|§ 62.1-44.19:19. Program audits

In addition to its permit compliance and enforcement authority, the Department is authorized to conduct such audits of the Association and permittees as it deems necessary to ensure that the reports and data received from permittees and the Association are complete and accurate. The Association and permittees under the general permit shall cooperate with the Department in the conduct of such audits and provide the Department with such information as the Department may require to fulfill its responsibilities under this article.2005, cc. 708, 710.
VA Code § 62.1-44.19:21.2 (2021)
2021 Code of Virginia|Title 62.1 - Waters of the State, Ports and Harbors|Chapter 3.1 - State Water Control Law|§ 62.1-44.19:21.2. Nutrient and sediment credit generation and transfer; public body

A. Except as provided in subsection B, the only nonpoint nutrient credits that shall be transferred pursuant to either (i) § 62.1-44.15:35 or (ii) subsections B, C, and D of § 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 § 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's project. For the purposes of this subsection, the term "public body's project" 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 § 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 § 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'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 § 15.2-2243.2020, cc. 1102, 1103.
VA Code § 62.1-44.19:22 (2021)
2021 Code of Virginia|Title 62.1 - Waters of the State, Ports and Harbors|Chapter 3.1 - State Water Control Law|§ 62.1-44.19:22. Enforcement and penalties

A. Transfer of certified nutrient credits by an operator of a nutrient credit-generating entity may be suspended by the Department until such time as the operator comes into compliance with this article and attendant regulations.B. (For expiration date -- see notes) Any operator of a nutrient credit-generating entity who violates any provision of this article, or of any regulations adopted hereunder, shall be subject to a civil penalty not to exceed $10,000 within the discretion of the court. The Department may issue a summons for collection of the civil penalty, and the action may be prosecuted in the appropriate circuit court. When the penalties are assessed by the court as a result of a summons issued by the Department, the court shall direct the penalty to be paid into the state treasury and deposited by the State Treasurer into the Virginia Stormwater Management Fund established pursuant to § 62.1-44.15:29.B. (For effective date -- see notes) Any operator of a nutrient credit-generating entity who violates any provision of this article, or of any regulations adopted hereunder, shall be subject to a civil penalty not to exceed $10,000 within the discretion of the court. The Department may issue a summons for collection of the civil penalty, and the action may be prosecuted in the appropriate circuit court. When the penalties are assessed by the court as a result of a summons issued by the Department, the court shall direct the penalty to be paid into the state treasury and deposited by the State Treasurer into the Stormwater Local Assistance Fund established pursuant to § 62.1-44.15:29.1.2012, cc. 748, 808, § 10.1-603.15:4; 2013, cc. 756, 793; 2016, cc. 68, 758.
VA Code § 62.1-44.19:23 (2021)
2021 Code of Virginia|Title 62.1 - Waters of the State, Ports and Harbors|Chapter 3.1 - State Water Control Law|§ 62.1-44.19:23. Appeals

Any person applying to establish a nutrient credit-generating entity or an operator of a nutrient credit-generating entity aggrieved by any action of the Department taken in accordance with this section, or by inaction of the Department, shall have the right to review in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).2012, cc. 748, 808, § 10.1-603.15:5; 2013, cc. 756, 793.
VA Code § 62.1-44.20 (2021)
2021 Code of Virginia|Title 62.1 - Waters of the State, Ports and Harbors|Chapter 3.1 - State Water Control Law|§ 62.1-44.20. Right to entry to obtain information, etc.

Any duly authorized agent of the Board may, at reasonable times and under reasonable circumstances, enter any establishment or upon any property, public or private, for the purpose of obtaining information or conducting surveys or investigations necessary in the enforcement of the provisions of this chapter.Code 1950, § 62.1-34; 1968, c. 659; 1970, c. 638.
VA Code § 62.1-44.21 (2021)
2021 Code of Virginia|Title 62.1 - Waters of the State, Ports and Harbors|Chapter 3.1 - State Water Control Law|§ 62.1-44.21. Information to be furnished to Board

The Board may require every owner to furnish when requested such plans, specifications, and other pertinent information as may be necessary to determine the effect of the wastes from his discharge on the quality of state waters, or such other information as may be necessary to accomplish the purposes of this chapter. The Board shall not at any time disclose to any person other than appropriate officials of the Environmental Protection Agency pursuant to the requirements of the Federal Water Pollution Control Act Amendments of 1972 (P.L. 92-500) any secret formulae, secret processes, or secret methods other than effluent data used by any owner or under that owner's direction.Code 1950, § 62.1-35; 1968, c. 659; 1970, c. 638; 1974, c. 237.
VA Code § 62.1-44.22 (2021)
2021 Code of Virginia|Title 62.1 - Waters of the State, Ports and Harbors|Chapter 3.1 - State Water Control Law|§ 62.1-44.22. (For contingent expiration date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Private rights not affected

The fact that any owner holds or has held a certificate issued under this chapter shall not constitute a defense in any civil action involving private rights.Code 1950, § 62.1-36; 1968, c. 659; 1970, c. 638.
VA Code § 62.1-44.22 (2021)
2021 Code of Virginia|Title 62.1 - Waters of the State, Ports and Harbors|Chapter 3.1 - State Water Control Law|§ 62.1-44.22. (For contingent effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Private actions

The fact that any owner holds or has held a certificate issued under this chapter shall not constitute a defense in any civil action involving private rights.Code 1950, § 62.1-36; 1968, c. 659; 1970, c. 638.
VA Code § 62.1-44.23 (2021)
2021 Code of Virginia|Title 62.1 - Waters of the State, Ports and Harbors|Chapter 3.1 - State Water Control Law|§ 62.1-44.23. (For contingent expiration date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Enforcement by injunction, etc.

Any person violating or failing, neglecting or refusing to obey any rule, regulation, order, water quality standard, pretreatment standard, or requirement of or any provision of any certificate issued by the Board, or by the owner of a publicly owned treatment works issued to an industrial user, or any provisions of this chapter, except as provided by a separate article, may be compelled in a proceeding instituted in any appropriate court by the Board to obey same and to comply therewith by injunction, mandamus or other appropriate remedy.Code 1950, § 62.1-37; 1952, c. 702; 1968, c. 659; 1970, c. 638; 1977, c. 263; 1988, c. 167; 1990, c. 717; 1994, c. 489; 2013, cc. 756, 793.
VA Code § 62.1-44.23 (2021)
2021 Code of Virginia|Title 62.1 - Waters of the State, Ports and Harbors|Chapter 3.1 - State Water Control Law|§ 62.1-44.23. (For contingent effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Enforcement by injunction, etc.

Any person violating or failing, neglecting or refusing to obey any rule, regulation, order, water quality standard, pretreatment standard, or requirement of or any provision of any certificate issued by the Board, or by the owner of a publicly owned treatment works issued to an industrial user, or any provisions of this chapter, except as provided by a separate article, may be compelled in a proceeding instituted in any appropriate court by the Board to obey same and to comply therewith by injunction, mandamus or other appropriate remedy.Code 1950, § 62.1-37; 1952, c. 702; 1968, c. 659; 1970, c. 638; 1977, c. 263; 1988, c. 167; 1990, c. 717; 1994, c. 489; 2013, cc. 756, 793.
VA Code § 62.1-44.23:1 (2021)
2021 Code of Virginia|Title 62.1 - Waters of the State, Ports and Harbors|Chapter 3.1 - State Water Control Law|§ 62.1-44.23:1. Intervention of Commonwealth in actions involving surface water withdrawals

The Board, in representing the public's interest, shall have the authority and standing to intervene as an interested party in any civil action, including actions both within and without the Commonwealth, pertaining to the withdrawal of any of the surface waters of the Commonwealth.1989, c. 218.
VA Code § 62.1-44.24 (2021)
2021 Code of Virginia|Title 62.1 - Waters of the State, Ports and Harbors|Chapter 3.1 - State Water Control Law|§ 62.1-44.24. Testing validity of regulations; judicial review

(1) The validity of any regulation may be determined through judicial review in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).(2) [Repealed.](3) An appeal may be taken from the decision of the court to the Court of Appeals as provided by law.1970, c. 638; 1984, c. 703; 1986, c. 615.
VA Code § 62.1-44.25 (2021)
2021 Code of Virginia|Title 62.1 - Waters of the State, Ports and Harbors|Chapter 3.1 - State Water Control Law|§ 62.1-44.25. (For contingent expiration date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Right to hearing

Any owner under §§ 62.1-44.16, 62.1-44.17, and 62.1-44.19 aggrieved by any action of the Board taken without a formal hearing, or by inaction of the Board, may demand in writing a formal hearing of such owner's grievance, provided a petition requesting such hearing is filed with the Board. In cases involving actions of the Board, such petition must be filed within thirty days after notice of such action is mailed to such owner by certified mail.1970, c. 638.
VA Code § 62.1-44.25 (2021)
2021 Code of Virginia|Title 62.1 - Waters of the State, Ports and Harbors|Chapter 3.1 - State Water Control Law|§ 62.1-44.25. (For contingent effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Right to hearing

Any owner under §§ 62.1-44.16, 62.1-44.17, and 62.1-44.19 aggrieved by any action of the Board taken without a formal hearing, or by inaction of the Board, may demand in writing a formal hearing of such owner's grievance, provided a petition requesting such hearing is filed with the Board. In cases involving actions of the Board, such petition must be filed within thirty days after notice of such action is mailed to such owner by certified mail.1970, c. 638.
VA Code § 62.1-44.26 (2021)
2021 Code of Virginia|Title 62.1 - Waters of the State, Ports and Harbors|Chapter 3.1 - State Water Control Law|§ 62.1-44.26. Hearings

A. (For expiration date -- see notes) The formal hearings held under this chapter shall be conducted pursuant to § 2.2-4009 or 2.2-4020 and may be conducted by the Board itself at a regular or special meeting of the Board, or by at least one member of the Board designated by the chairman to conduct such hearings on behalf of the Board at any other time and place authorized by the Board.A. (For effective date -- see notes) The formal hearings held by the Board under this chapter shall be conducted pursuant to § 2.2-4009 or 2.2-4020 and may be conducted by the Board itself at a regular or special meeting of the Board, or by at least one member of the Board designated by the chairman to conduct such hearings on behalf of the Board at any other time and place authorized by the Board.B. A verbatim record of the proceedings of such hearings shall be taken and filed with the Board. Depositions may be taken and read as in actions at law.C. The Board shall have power to issue subpoenas and subpoenas duces tecum, and at the request of any party shall issue such subpoenas. The failure of a witness without legal excuse to appear or to testify or to produce documents shall be acted upon by the Board in the manner prescribed in § 2.2-4022. Witnesses who are subpoenaed shall receive the same fees and mileage as in civil actions.1970, c. 638; 1977, c. 291; 1993, c. 897; 2008, cc. 276, 557; 2016, cc. 68, 758.
VA Code § 62.1-44.27 (2021)
2021 Code of Virginia|Title 62.1 - Waters of the State, Ports and Harbors|Chapter 3.1 - State Water Control Law|§ 62.1-44.27. Rules of evidence in hearings

In all hearings under this chapter:(1) All relevant and material evidence shall be received, except that (a) the rules relating to privileged communications and privileged topics shall be observed; (b) hearsay evidence shall be received only if the declarant is not readily available as a witness; and (c) secondary evidence of the contents of a document shall be received only if the original is not readily available. In deciding whether a witness or document is readily available, the Board or hearing officer shall balance the importance of the evidence against the difficulty of obtaining it, and the more important the evidence is the more effort should be made to produce the eyewitness or the original document.(2) All reports of inspectors and subordinates of the Board and other records and documents in the possession of the Board bearing on the case shall be introduced by the Board at the hearing.(3) Subject to the provisions of subdivision (1) of this section every party shall have the right to cross-examine adverse witnesses and any inspector or subordinate of the Board whose report is in evidence and to submit rebuttal evidence.(4) The decision of the Board shall be based only on evidence received at the hearing and matters of which a court of record could take judicial notice.1970, c. 638.
VA Code § 62.1-44.28 (2021)
2021 Code of Virginia|Title 62.1 - Waters of the State, Ports and Harbors|Chapter 3.1 - State Water Control Law|§ 62.1-44.28. Decisions of the Board in hearings pursuant to §§ 62.1-44.15 and 62.1-44.25

To be valid and operative, the decision by the Board rendered pursuant to hearings under subdivisions (8a), (8b), and (8c) of §§ 62.1-44.15 and 62.1-44.25 must be reduced to writing and contain the explicit findings of fact and conclusions of law upon which the decision of the Board is based and certified copies thereof must be mailed by certified mail to the parties affected by it.1970, c. 638.
VA Code § 62.1-44.29 (2021)
2021 Code of Virginia|Title 62.1 - Waters of the State, Ports and Harbors|Chapter 3.1 - State Water Control Law|§ 62.1-44.29. (For contingent expiration date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Judicial review

Any owner aggrieved by or any person who has participated, in person or by submittal of written comments, in the public comment process related to a final decision of the Board under § 62.1-44.15 (5), 62.1-44.15 (8a), (8b), and (8c), 62.1-44.15:20, 62.1-44.15:21, 62.1-44.15:22, 62.1-44.15:23, 62.1-44.16, 62.1-44.17, 62.1-44.19, or 62.1-44.25, whether such decision is affirmative or negative, is entitled to judicial review thereof in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) if such person meets the standard for obtaining judicial review of a case or controversy pursuant to Article III of the United States Constitution. A person shall be deemed to meet such standard if (i) such person has suffered an actual or imminent injury which is an invasion of a legally protected interest and which is concrete and particularized; (ii) such injury is fairly traceable to the decision of the Board and not the result of the independent action of some third party not before the court; and (iii) such injury will likely be redressed by a favorable decision by the court.1970, c. 638; 1986, c. 615; 1996, c. 1032; 2000, cc. 1032, 1054; 2007, c. 659.
VA Code § 62.1-44.29 (2021)
2021 Code of Virginia|Title 62.1 - Waters of the State, Ports and Harbors|Chapter 3.1 - State Water Control Law|§ 62.1-44.29. (For contingent effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Judicial review

Any owner aggrieved by or any person who has participated, in person or by submittal of written comments, in the public comment process related to a final decision of the Board under § 62.1-44.15 (5), 62.1-44.15 (8a), (8b), and (8c), 62.1-44.15:20, 62.1-44.15:21, 62.1-44.15:22, 62.1-44.15:23, 62.1-44.16, 62.1-44.17, 62.1-44.19, or 62.1-44.25, whether such decision is affirmative or negative, is entitled to judicial review thereof in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) if such person meets the standard for obtaining judicial review of a case or controversy pursuant to Article III of the United States Constitution. A person shall be deemed to meet such standard if (i) such person has suffered an actual or imminent injury which is an invasion of a legally protected interest and which is concrete and particularized; (ii) such injury is fairly traceable to the decision of the Board and not the result of the independent action of some third party not before the court; and (iii) such injury will likely be redressed by a favorable decision by the court.1970, c. 638; 1986, c. 615; 1996, c. 1032; 2000, cc. 1032, 1054; 2007, c. 659.
VA Code § 62.1-44.30 (2021)
2021 Code of Virginia|Title 62.1 - Waters of the State, Ports and Harbors|Chapter 3.1 - State Water Control Law|§ 62.1-44.30. Appeal to Court of Appeals

From the final decision of the circuit court an appeal may be taken to the Court of Appeals as provided in § 17.1-405.1970, c. 638; 1984, c. 703.
VA Code § 62.1-44.31 (2021)
2021 Code of Virginia|Title 62.1 - Waters of the State, Ports and Harbors|Chapter 3.1 - State Water Control Law|§ 62.1-44.31. (For contingent expiration date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Violation of special order or certificate or failure to cooperate with Board

It shall be unlawful for any owner to fail to comply with any special order adopted by the Board, which has become final under the provisions of this chapter, or to fail to comply with a pretreatment condition incorporated into the permit issued to it by the owner of a publicly owned treatment works or to fail to comply with any pretreatment standard or pretreatment requirement, or to discharge sewage, industrial waste or other waste in violation of any condition contained in a certificate issued by the Board or in excess of the waste covered by such certificate, or to fail or refuse to furnish information, plans, specifications or other data reasonably necessary and pertinent required by the Board under this chapter.For the purpose of this section, the term "owner" shall mean, in addition to the definition contained in § 62.1-44.3, any responsible corporate officer so designated in the applicable discharge permit.Code 1950, § 62.1-43; 1952, c. 478; 1968, c. 659; 1970, c. 638; 1977, c. 263; 1988, c. 167.