reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part VIII - Fees › Section 9VAC25-875-1380 - Fee schedules for municipal separate storm sewer system new permit issuance

Current through Register Vol. 40, No. 24, July 15, 2024
The following fee schedule applies to permit applications
					 for issuance of a new individual municipal separate storm sewer system permit
					 or coverage under a MS4 General Permit. All regulated MS4s that apply for joint
					 coverage under an individual permit or general permit registration shall each
					 pay the appropriate fees set out in the following table.
Municipal Stormwater / MS4 Individual (Large and
								Medium)
$16,000
Municipal Stormwater / MS4 Individual
								(Small)
$8,000
Municipal Stormwater / MS4 General Permit
								(Small)
$4,000
Statutory Authority: §
												62.1-44.15:28 of the Code of
						Virginia; Chapters 68 and 758 of the 2016 Acts of
						Assembly.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part VIII - Fees › Section 9VAC25-875-1390 - Fee schedules for major modification of MS4 individual permits requested by the operator

Current through Register Vol. 40, No. 24, July 15, 2024
The following fee schedule applies to applications for
					 major modification of an individual MS4 permit requested by the
					 permittee:
Municipal Stormwater / MS4 Individual (Large and
								Medium)
$5,000
Municipal Stormwater / MS4 Individual
								(Small)
$2,500
Statutory Authority: §
												62.1-44.15:28 of the Code of
						Virginia; Chapters 68 and 758 of the 2016 Acts of
						Assembly.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Form - FORMS (9VAC25-875)

Current through Register Vol. 40, No. 24, July 15, 2024
EPA
				  Application Form 1 General Information NPDES Permitting Program (rev.
				  3/2019)
Virginia
				  Department of Environmental Quality General VPDES Permit for Discharges of
				  Stormwater from Construction Activities (VAR10) Registration Statement
				  2019
Statutory Authority: §
											62.1-44.15:28 of the Code of
					 Virginia; Chapters 68 and 758 of the 2016 Acts of
					 Assembly.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Section - DOCUMENTS INCORPORATED BY REFERENCE (9VAC25-875)

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia
				  Runoff Reduction Method: Instructions and Documentation, March 28,
				  2011
Virginia
				  Erosion and Sediment Control Regulation Minimum Standard 19 in effect prior to
				  July 1, 2014
Statutory Authority: §
											62.1-44.15:28 of the Code of
					 Virginia; Chapters 68 and 758 of the 2016 Acts of
					 Assembly.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 880 - GENERAL VPDES PERMIT FOR DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITIES › Section 9VAC25-880-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
This general permit regulation governs stormwater discharges
				  from regulated construction activity, which includes large construction
				  activity, small construction activity, or construction support activity,
				  through a point source to surface waters or through a municipal or nonmunicipal
				  separate storm sewer system to surface waters. Stormwater discharges associated
				  with regulated industrial activity that originate from a construction site that
				  has been completed and where the site has undergone final stabilization are not
				  authorized by this general permit.
Statutory Authority: §
											62.1-44.15:25 of the Code of
					 Virginia.
Statutory Authority: § 62.1-44.15:25 of the Code of
					 Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 880 - GENERAL VPDES PERMIT FOR DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITIES › Section 9VAC25-880-15 - Applicability of incorporated references based on the dates that they became effective

Current through Register Vol. 40, No. 24, July 15, 2024
Except as noted, when a regulation of the United States set
				  forth in the Code of Federal Regulations is referenced and incorporated in this
				  chapter, that regulation shall be as it exists and has been published in the
				  July 1, 2022, update.
Statutory Authority: §
											62.1-44.15:25 of the Code of
					 Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 880 - GENERAL VPDES PERMIT FOR DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITIES › Section 9VAC25-880-20 - Effective date of general permit

Current through Register Vol. 40, No. 24, July 15, 2024
This general permit is effective on July 1, 2024. The general
				  permit will expire on June 30, 2029. This general permit is effective for any
				  covered operator upon compliance with all provisions of
				  9VAC25-880-30.
Statutory Authority: §
											62.1-44.15:25 of the Code of
					 Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 880 - GENERAL VPDES PERMIT FOR DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITIES › Section 9VAC25-880-30 - Authorization to discharge

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any operator
				governed by this general permit is authorized to discharge to surface waters of
				the Commonwealth of Virginia provided that:
1.
				The operator submits a complete and accurate registration statement in
				accordance with
				9VAC25-880-50, unless not required,
				and receives acceptance of the registration by the department;
2. The operator submits all permit fees,
				including all outstanding permit maintenance fees, in accordance with
				9VAC25-875-1290 et seq., unless not
				required;
3. The operator complies
				with the applicable requirements of
				9VAC25-880-70;
4. The operator obtains approval of:
a. An erosion and sediment control plan from
				the appropriate Virginia Erosion and Stormwater Management Program (VESMP)
				authority or Virginia Erosion and Sediment Control Program (VESCP) authority,
				unless the operator receives from the VESCP authority an "agreement in lieu of
				a plan" as defined in
				9VAC25-875-20 and
				9VAC25-875-210, respectively, or an
				erosion and sediment control plan in accordance with standards and
				specifications approved by the department; and
b. Except as specified in
				9VAC25-880-70 Part II B 3 b, a
				stormwater management plan from the appropriate VESMP authority, unless the
				operator receives from the VESMP authority an "agreement in lieu of a plan" as
				defined in 9VAC25-875-20 or a stormwater
				management plan in accordance with standards and specifications approved by the
				department; and
5. The
				department has not notified the operator that the discharge is not eligible for
				coverage in accordance with subsection B of this section.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 880 - GENERAL VPDES PERMIT FOR DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITIES › Section 9VAC25-880-40 - Delegation of authorities to state and local programs

Current through Register Vol. 40, No. 24, July 15, 2024
A department-approved VESMP authority is authorized to
				  administer requirements of this general permit, including (i) registration
				  statement acceptance, (ii) general permit fee collection, and (iii) stormwater
				  management plan review and approval dependent upon conditions established as
				  part of the approval.
Statutory Authority: §
											62.1-44.15:25 of the Code of
					 Virginia.
Statutory Authority: § 62.1-44.15:25 of the Code of
					 Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 880 - GENERAL VPDES PERMIT FOR DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITIES › Section 9VAC25-880-45

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §
											62.1-44.15:24
					 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 880 - GENERAL VPDES PERMIT FOR DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITIES › Section 9VAC25-880-50 - Registration statement

Current through Register Vol. 40, No. 24, July 15, 2024
A. Deadlines for
				submitting registration statement. Any operator seeking coverage under this
				general permit, and that is required to submit a registration statement, shall
				submit a complete and accurate general VPDES permit registration statement in
				accordance with this section, which shall serve as a notice of intent for
				coverage under the general VPDES permit for discharges of stormwater from
				construction activities.
1. New construction
				activities.
a. Any operator proposing a new
				stormwater discharge from construction activities shall submit a complete and
				accurate registration statement to the VESMP authority prior to the
				commencement of land disturbance.
b. Any operator proposing a new stormwater
				discharge from construction activities in response to a public emergency where
				the related work requires immediate authorization to avoid imminent
				endangerment to human health or the environment is authorized to discharge
				under this general permit, provided that:
(1)
				The operator submits a complete and accurate registration statement to the
				VESMP authority no later than 30 days after the commencement of land
				disturbance; and
(2) Documentation
				to substantiate the occurrence of the public emergency is provided with the
				registration statement.
c. Any operator proposing a new stormwater
				discharge associated with a small construction activity involving the
				construction of a single-family detached residential structure, within or
				outside a common plan of development or sale, is authorized to discharge under
				this general permit and is not required to submit a registration statement. Any
				operator proposing a new stormwater discharge associated with the construction
				of a single-family detached residential structure, within or outside a common
				plan of development or sale, is not required to submit the department portion
				of the permit fee.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 880 - GENERAL VPDES PERMIT FOR DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITIES › Section 9VAC25-880-60 - Termination of general permit coverage

Current through Register Vol. 40, No. 24, July 15, 2024
A. Requirements. The
				operator of the construction activity shall submit a complete and accurate
				notice of termination, unless a registration statement was not required to be
				submitted in accordance with
				9VAC25-880-50 A 1 c or A 2 b for a
				stormwater discharge associated with a small construction activity of a
				single-family detached residential structure, within or outside a common plan
				of development or sale, to the VESMP authority after one or more of the
				following conditions have been met:
1.
				Necessary permanent control measures included in the SWPPP for the construction
				site are in place and functioning effectively and final stabilization has been
				achieved on all portions of the construction site for which the operator has
				operational control. When applicable, long-term responsibility and maintenance
				requirements for permanent control measures shall be recorded in the local land
				records prior to the submission of a complete and accurate notice of
				termination, and the construction record drawing prepared;
2. Another operator has assumed control over
				all areas of the construction site that have not been finally stabilized and
				obtained coverage for the ongoing discharge;
3. Coverage under an alternative VPDES permit
				or other applicable permit has been obtained; or
4. For individual lots in residential
				construction only, final stabilization as defined in
				9VAC25-880-1 has been completed,
				including providing written notification to the homeowner and incorporating a
				copy of the notification and signed certification statement into the SWPPP, and
				the residence has been transferred to the homeowner.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 880 - GENERAL VPDES PERMIT FOR DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITIES › Section 9VAC25-880-80

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 62.1-44.15:25 of the Code of
					 Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 880 - GENERAL VPDES PERMIT FOR DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITIES › Section 9VAC25-880-82

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 62.1-44.15:25 of the Code of
					 Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 880 - GENERAL VPDES PERMIT FOR DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITIES › Section 9VAC25-880-84

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 62.1-44.15:25 of the Code of
					 Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 880 - GENERAL VPDES PERMIT FOR DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITIES › Section 9VAC25-880-86

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 62.1-44.15:25 of the Code of
					 Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 880 - GENERAL VPDES PERMIT FOR DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITIES › Section 9VAC25-880-88

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 62.1-44.15:25 of the Code of
					 Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 880 - GENERAL VPDES PERMIT FOR DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITIES › Section 9VAC25-880-90

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 62.1-44.15:25 of the Code of
					 Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 880 - GENERAL VPDES PERMIT FOR DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITIES › Section 9VAC25-880-100

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 62.1-44.15:24 of the Code of
					 Virginia
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 880 - GENERAL VPDES PERMIT FOR DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITIES › Form - FORMS (9VAC25-880)

Current through Register Vol. 40, No. 24, July 15, 2024
Annual
				  Standards & Specification (AS&S) Entity Information Sheet (rev.
				  4/2019)
Construction
				  Activity Operator Permit Fee Form 2019 (rev. 4/2019)
Notice
				  of Termination 2019 (rev. 4/2019)
Registration
				  Statement 2019 (rev. 11/2020)
Transfer
				  of Ownership Agreement 2019 (rev. 4/2019)
Statutory Authority: § 62.1-44.15:25 of the Code of
					 Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 880 - GENERAL VPDES PERMIT FOR DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITIES › Form - FORMS (9VAC25-880)

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia
				  Department of Environmental Quality General VPDES Permit for Discharges of
				  Stormwater from Construction Activities (VAR10) Notice of Termination 2024
				  (rev. 5/2024)
Virginia
				  Department of Environmental Quality General VPDES Permit for Discharges of
				  Stormwater from Construction Activities (VAR10) Permit Fee Form 2024 (rev.
				  5/2024)
Virginia
				  Department of Environmental Quality General VPDES Permit for Discharges of
				  Stormwater from Construction Activities (VAR10) Registration Statement 2024
				  (rev. 3/2024)
Virginia
				  Department of Environmental Quality General VPDES Permit for Discharges of
				  Stormwater from Construction Activities (VAR10) Transfer of Ownership Agreement
				  2024 (Rev 5/2024)
Virginia
				  Department of Environmental Quality Standards and Specification (S&S)
				  Entity Information Sheet (rev. 5/2024)
Statutory Authority: § 62.1-44.15:25 of the Code of
					 Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 890 - GENERAL VPDES PERMIT FOR DISCHARGES OF STORMWATER FROM SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS › Section 9VAC25-890-10 - Purpose; effective date of the state permit

Current through Register Vol. 40, No. 24, July 15, 2024
A. This general
				permit regulation governs point source stormwater discharges from regulated
				small municipal separate storm sewer systems (MS4s) to surface waters of the
				Commonwealth of Virginia. Nonmunicipal stormwater or wastewater discharges are
				not authorized by this permit except in accordance with
				9VAC25-890-20 D.
B. This general permit will become effective
				on November 1, 2023, and will expire October 31, 2028.
Statutory Authority: §
											62.1-44.15:28 of the Code of
					 Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 890 - GENERAL VPDES PERMIT FOR DISCHARGES OF STORMWATER FROM SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS › Section 9VAC25-890-15 - Applicability of incorporated references based on the dates that they became effective

Current through Register Vol. 40, No. 24, July 15, 2024
Except as noted, when a regulation of the U.S. Environmental
				  Protection Agency set forth in Title 40 of the Code of Federal Regulations
				  (CFR) is referenced and incorporated in this chapter, that regulation shall be
				  as it exists and has been published in the July 1, 2022,
				  update.
Statutory Authority: §
											62.1-44.15:28 of the Code of
					 Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 890 - GENERAL VPDES PERMIT FOR DISCHARGES OF STORMWATER FROM SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS › Section 9VAC25-890-20 - Authorization to discharge

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any operator
				covered by this general permit is authorized to discharge stormwater from the
				small municipal separate storm sewer system (MS4) to surface waters of the
				Commonwealth of Virginia provided that:
1. The
				operator submits a complete and accurate registration statement in accordance
				with 9VAC25-890-30 and that registration
				statement is accepted by the department;
2. The operator submits any permit fees
				required by Part XIII (9VAC25-870-700 et
				seq.;
3. The operator complies with
				the requirements of
				9VAC25-890-40; and
4. The department has not notified the
				operator that the discharge is ineligible for coverage in accordance with
				subsection C of this section.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 890 - GENERAL VPDES PERMIT FOR DISCHARGES OF STORMWATER FROM SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS › Section 9VAC25-890-30 - Registration statement

Current through Register Vol. 40, No. 24, July 15, 2024
A. Deadline for
				submitting a registration statement.
1.
				Operators of MS4s described under
				9VAC25-870-400 B that are applying
				for initial coverage under this general permit must submit a complete
				registration statement to the department within 180 days of notice of
				designation, unless the department grants a later date.
2. In order to continue uninterrupted
				coverage under the general permit, operators of MS4s shall submit a new
				registration statement no later than October 1, 2023, unless permission for a
				later date has been granted by the department. The board shall not grant
				permission for registration statements to be submitted later than the
				expiration date of the existing state permit.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 890 - GENERAL VPDES PERMIT FOR DISCHARGES OF STORMWATER FROM SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS › Section 9VAC25-890-50

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §
											62.1-44.15:28
					 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 890 - GENERAL VPDES PERMIT FOR DISCHARGES OF STORMWATER FROM SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS › Form - FORMS (9VAC25-890)

Current through Register Vol. 40, No. 24, July 15, 2024
MS4
				  Nutrient Credit Acquisition Form, MS4-SCAFv1 (eff. 9/2018)
MS4
				  Sediment Credit Acquisition Form, MS4-SCAFv1 (eff. 9/2018)
General
				  Permit Registration Statement for Stormwater Discharges from Small Municipal
				  Separate Storm Sewer Systems (VAR04), MS4-RS (eff.
				  5/2018)
Statutory Authority: §
											62.1-44.15:28
					 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 900 - CERTIFICATION OF NONPOINT SOURCE NUTRIENT CREDITS › Part II - General Information › Section 9VAC25-900-20

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 62.1-44.19:20 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 900 - CERTIFICATION OF NONPOINT SOURCE NUTRIENT CREDITS › Part II - General Information › Section 9VAC25-900-30 - Purpose and applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A. The purpose of
				  this chapter is to establish standards and procedures pertaining to the
				  certification of nutrient credits that will be placed on the registry for
				  exchange.
B. This chapter applies
				  to all persons who submit an application for and to all persons that receive a
				  certification of nutrient credits from the department in accordance with the
				  Act and this chapter.
C. Nutrient
				  credits from stormwater nonpoint nutrient credit-generating projects in receipt
				  of a Nonpoint Nutrient Offset Authorization for Transfer letter from the
				  department prior to September 1, 2020, shall be considered certified nutrient
				  credits and shall not be subject to further nutrient credit certification
				  requirements or to the credit retirement requirements of this chapter. However,
				  such projects shall be subject to all other provisions of this chapter,
				  including registration of nutrient credits under
				  9VAC25-900-90
				  and the requirements of Part IV (9VAC25-900-140
				  et seq.) of this chapter including inspection, reporting, and
				  enforcement.
D. This chapter does
				  not apply to the certification of point source nutrient credits that may be
				  generated from effective nutrient controls or removal practices associated with
				  the types of facilities or practices historically regulated by the board or
				  department, such as water withdrawal and treatment and wastewater collection,
				  treatment, and beneficial reuse.
E.
				  This chapter does not apply to stream or wetland restoration projects
				  constructed prior to July 1, 2005, as no usable nutrient reductions are deemed
				  to be generated from these projects and, therefore, no nutrient credits can be
				  certified.
Statutory Authority: § 62.1-44.19:20 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 900 - CERTIFICATION OF NONPOINT SOURCE NUTRIENT CREDITS › Part II - General Information › Section 9VAC25-900-40 - Relationship to other laws and regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. Specific
				  requirements regarding the use of nutrient credits are found in the following
				  regulations and statutes:
1. Virginia
				  Stormwater Management Program (VSMP) Regulation (9VAC25-870).
a. VSMP Individual Permits for Discharges
				  from Construction Activities. As specified in § 62.1-44.19:21 B of the
				  Act, those applicants required to comply with water quality requirements for
				  land-disturbing activities operating under a construction individual permit
				  issued pursuant to 9VAC25-870 may acquire and use perpetual nutrient credits
				  placed on the registry for exchange.
b. VSMP Individual Permits for Municipal
				  Separate Storm Sewer Systems. As specified in § 62.1-44.19:21 A of the
				  Act, an MS4 permittee may acquire, use, and transfer nutrient credits for
				  purposes of compliance with any wasteload allocations established as effluent
				  limitations in an MS4 individual permit issued pursuant to 9VAC25-870. Such
				  method of compliance may be approved by the department following review of a
				  compliance plan submitted by the permittee that includes the use of nutrient
				  credits and is in accordance with the provisions of § 62.1-44.19:21
				  A.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 900 - CERTIFICATION OF NONPOINT SOURCE NUTRIENT CREDITS › Part II - General Information › Section 9VAC25-900-50 - Appeal process

Current through Register Vol. 40, No. 24, July 15, 2024
Any person applying to establish a nutrient
					 credit-generating entity or an owner of a nutrient credit-generating entity
					 aggrieved by any action of the department taken in accordance with this
					 chapter, 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. of the Code of Virginia).
Statutory Authority: §
												62.1-44.19:20
						of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 900 - CERTIFICATION OF NONPOINT SOURCE NUTRIENT CREDITS › Part II - General Information › Section 9VAC25-900-60 - Limitations, liability, and prohibitions

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except to the extent it may be an owner as
				  defined by this chapter, none of the following shall have responsibility or
				  liability for the performance of practices at a nutrient credit-generating
				  project evaluated using the procedures established in this chapter:
(i) the department,
(ii) a VSMP authority, or
(iii) any political subdivision of the
				  Commonwealth.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 900 - CERTIFICATION OF NONPOINT SOURCE NUTRIENT CREDITS › Part II - General Information › Section 9VAC25-900-70 - Reserved

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §
												62.1-44.19:20
						of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 900 - CERTIFICATION OF NONPOINT SOURCE NUTRIENT CREDITS › Part III - Administrative and Technical Criteria › Section 9VAC25-900-90 - Nutrient credit release and registration

Current through Register Vol. 40, No. 24, July 15, 2024
A. Retirement of
				  credits.
1. Pursuant to the requirements of
				  §
											62.1-44.19:20 of the Act, 5.0%
				  of the total credits certified will be retired by the department at the time of
				  nutrient credit certification and will not be placed on the registry for
				  exchange.
2. When phosphorus
				  credits are acquired in accordance with
				  9VAC25-870-69, the associated
				  nitrogen credits generated by the nutrient credit-generating project will be
				  retired and removed from the registry by the department.
3. When nitrogen credits are acquired for
				  purposes other than compliance with
				  9VAC25-870-69, the associated
				  phosphorus credits generated by the nutrient credit-generating project shall
				  not be available for compliance under 9VAC25-870-69.
4. Except as limited by this subsection,
				  associated nitrogen and phosphorus credits generated by a nutrient
				  credit-generating project may be exchanged independently.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 900 - CERTIFICATION OF NONPOINT SOURCE NUTRIENT CREDITS › Part III - Administrative and Technical Criteria › Section 9VAC25-900-91 - Exchange of credits

Current through Register Vol. 40, No. 24, July 15, 2024
A. Exchange
				  of a credit released by the department is subject to the provisions of §
										62.1-44.15:35,
				  62.1-44.19:15,
				  or
				  62.1-44.19:21
				  of the Code of Virginia.
B. Where
				  necessary to ensure compliance with local water quality requirements, the
				  exchange of a credit released by the department is conditioned as follows:
1. Within the Chesapeake Bay Watershed, the
				  exchange of credits within an area subject to an approved local TMDL for total
				  phosphorus or total nitrogen with allocations more stringent than the
				  Chesapeake Bay Watershed TMDL shall be limited to those credits generated
				  upstream of where the discharge reaches impaired waters.
2. Within the Southern Rivers watersheds, the
				  exchange of credits within an area subject to an approved local TMDL for total
				  phosphorus or total nitrogen shall be limited to those credits generated
				  upstream of where the discharge reaches impaired waters.
3. Within an area with waters impaired for
				  dissolved oxygen, benthic community, chlorophyll-a, or nutrients but with no
				  approved local TMDL, the exchange of credits shall be limited to those credits
				  generated in accordance with the following hierarchy:
a. Upstream of where the discharge reaches
				  impaired waters if credits are available;
b. Within the same 12-digit HUC if credits
				  are available;
c. Within the same
				  10-digit HUC if credits are available;
d. Within the same 8-digit HUC if credits are
				  available;
e. Within an adjacent
				  8-digit HUC within the same tributary if credits are available; or
f. Within the same tributary.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 900 - CERTIFICATION OF NONPOINT SOURCE NUTRIENT CREDITS › Part III - Administrative and Technical Criteria › Section 9VAC25-900-110 - Credit calculation procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. Pursuant to
				  this section, the applicant shall calculate the potential nutrient credits
				  generated by the practices implemented at the nutrient credit-generating
				  projects. The applicable delivery factors, dependent upon the tributary in
				  which the nutrient credit-generating project is located, shall be applied when
				  calculating the potential credits generated.
B. For agricultural practices, except land
				  use conversion, the potential nutrient credits shall be calculated using
				  removal efficiencies for practices approved by the department. In the
				  Chesapeake Bay Watershed, these practices shall be approved by the department
				  based on the efficiencies assigned by the Chesapeake Bay Program. In the
				  Southern Rivers watersheds, these practices shall be approved by the department
				  based on submitted calculations and demonstrations. The standards and
				  specifications for implementation of the practices will be established by the
				  department and shall be in accordance with the VACS BMP Manual or the FOTG, as
				  applicable.
C. For urban practices,
				  the potential nutrient credits shall be calculated using the applicable removal
				  efficiencies pursuant to
				  9VAC25-870-65 or using the best
				  available scientific and technical information available at the time of
				  nutrient credit certification as approved by the department. Limitations on
				  potential nutrient credits from certain BMPs are:
1. In the Chesapeake Bay Watershed, nutrient
				  load reductions from practices in place prior to July 1, 2005, may not be used
				  to generate credits. Removal efficiencies shall be based upon those
				  efficiencies approved by the Chesapeake Bay Program partnership where
				  applicable. These efficiencies shall be reviewed at the time of certification
				  renewal and adjusted as necessary based upon changes made by the Chesapeake Bay
				  Program Partnership.
2. In the
				  Southern Rivers watersheds, nutrient load reductions from practices in place
				  prior to July 1, 2009, may not be used to generate credits.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 900 - CERTIFICATION OF NONPOINT SOURCE NUTRIENT CREDITS › Part III - Administrative and Technical Criteria › Section 9VAC25-900-120 - Implementation plan

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  implementation plan submitted pursuant to 9VAC25-900-80 shall provide
				  information detailing how the nutrient credit-generating project will generate
				  credits for the term of the credits. The implementation plan will include the
				  applicable information as required in subsections B through J of this
				  section.
B. For all nutrient
				  credit-generating projects, the implementation plan shall include:
1. An operation and maintenance plan that
				  provides a description and schedule of operation and maintenance requirements
				  and detailed written specifications and process diagrams for the practices used
				  at the nutrient credit-generating project. The plan must be adhered to for the
				  term of the credits and shall include a description of site management
				  activities to be performed after meeting all performance standards to ensure
				  long-term sustainability of the site.
2. The performance standards that shall be
				  used to evaluate whether the nutrient credit-generating project is generating
				  credits as calculated in 9VAC25-900-110.
3. Applicable requirements for the project
				  required pursuant to Part IV (9VAC25-900-140 et seq.) of this
				  chapter.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 900 - CERTIFICATION OF NONPOINT SOURCE NUTRIENT CREDITS › Part III - Administrative and Technical Criteria › Section 9VAC25-900-130 - Signature requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. All
				  applications for certification of nutrient credits shall be signed as follows:
1. For a corporation, the application shall
				  be signed by a responsible corporate officer. For the purpose of this section,
				  a responsible corporate officer means a president, secretary, treasurer, or
				  vice-president of the corporation in charge of a principal business function or
				  any other person who performs similar policy-making or decision-making
				  functions for the corporation or the manager of the nutrient credit-generating
				  project provided the manager is authorized to make management decisions that
				  govern the operation of the project;
2. For a partnership or sole proprietorship,
				  the application shall be signed by a general partner or the proprietor,
				  respectively; or
3. For a
				  municipality, state, federal, or other public agency, the application shall be
				  signed by either a principal executive officer or ranking elected official. For
				  purposes of this section, a principal executive officer of a federal agency
				  includes the chief executive officer of the agency or a senior executive
				  officer having responsibility for the overall operations of a principal
				  geographic unit of the agency.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 900 - CERTIFICATION OF NONPOINT SOURCE NUTRIENT CREDITS › Part IV - Compliance and Enforcement › Section 9VAC25-900-140 - Inspections and information to be furnished

Current through Register Vol. 40, No. 24, July 15, 2024
A. The owner of the nutrient
				  credit-generating entity project shall allow the director or an authorized
				  representative, including an authorized contractor acting as a representative
				  of the department, upon presentation of credentials, to:
1. Enter the management area including the
				  premises where the nutrient credit-generating entity project is located and
				  where records are kept in accordance with this chapter or the nutrient credit
				  certification. Records to be retained include the approved implementation plan,
				  operations and maintenance plan, and, if required, confirmation of financial
				  assurance documents.
2. Have access
				  to and copy, at reasonable times, any records that must be kept under the
				  conditions of this chapter, the approved plans listed in subdivision A 1 of
				  this section, or as otherwise required by the nutrient credit certification.
				  The owner will make available any records requested by the department that
				  detail nutrient credit-generating entity project operations, status, records of
				  transactions, or other actions that demonstrate the status of credits and
				  operations of the nutrient credit-generating entity project including records
				  required to be kept under any implementation plan, operations and maintenance
				  plan, or financial assurance documents;
3. Inspect at reasonable times any entities
				  projects, equipment, practices, or operations regulated or required under the
				  provisions of this chapter, the approved plans listed in subdivision A 1 of
				  this section, or as otherwise required by the nutrient credit certification;
				  and
4. Sample or monitor at
				  reasonable times, for the purposes of assuring compliance with the provisions
				  of this chapter, the nutrient credit certification, or as otherwise authorized
				  by state law or regulation.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 900 - CERTIFICATION OF NONPOINT SOURCE NUTRIENT CREDITS › Part IV - Compliance and Enforcement › Section 9VAC25-900-160 - Enforcement and penalties

Current through Register Vol. 40, No. 24, July 15, 2024
The department may enforce the provisions of this chapter
					 utilizing all applicable procedures under the State Water Control
					 Law.
Statutory Authority: § 62.1-44.19:20 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 900 - CERTIFICATION OF NONPOINT SOURCE NUTRIENT CREDITS › Part IV - Compliance and Enforcement › Section 9VAC25-900-170 - Suspension of credit exchange

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  If the department tentatively decides to suspend the ability of an owner of a
				  nutrient credit-generating project to exchange credits, the department shall
				  issue a notice of its tentative decision to the owner. If the department
				  determines that suspension is appropriate, it will also remove the ability for
				  the owner to show credits for exchange on the registry. The ability to exchange
				  credits shall remain suspended until such time as the owner brings the nutrient
				  credit-generating project into compliance with this chapter and the nutrient
				  credit certification to the department's satisfaction.
B. The following are causes for the
				  department to suspend the exchange of credits:
1. Noncompliance by the owner of the nutrient
				  credit-generating project with any condition of the nutrient credit
				  certification or any plans approved under or required by the nutrient credit
				  certification or this chapter;
2.
				  Failure of the owner of the nutrient credit-generating project to disclose
				  fully all relevant material facts or, the misrepresentation of any relevant
				  material facts in applying for certification of nutrient credits or in any
				  other report or document required under the law, this chapter, the nutrient
				  credit certification, or any plans approved or required under the nutrient
				  credit certification;
3. A change
				  in any condition that results in a temporary or permanent elimination of the
				  best management practices approved as part of the nutrient credit
				  certification; or
4. There exists a
				  material change in the basis on which the nutrient credit certification was
				  issued that requires either a temporary or permanent elimination of activities
				  controlled by the nutrient credit certification necessary to protect human
				  health or the environment; however, credit quantities established using the
				  best available scientific and technical information at the time of
				  certification may not be reduced.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 900 - CERTIFICATION OF NONPOINT SOURCE NUTRIENT CREDITS › Part IV - Compliance and Enforcement › Section 9VAC25-900-180 - Nutrient credit certification transfer, modification, revocation and reissuance, or termination

Current through Register Vol. 40, No. 24, July 15, 2024
A. Nutrient
				  credit certifications may be modified, revoked and reissued, or terminated
				  either at the request of the party holding the certification or upon the
				  department's initiative for cause. The filing of a request by the holder of the
				  nutrient credit certification for a modification, revocation and reissuance, or
				  termination of a certification, or a notification of planned changes or
				  anticipated noncompliance with regulatory requirements does not stay any
				  condition of a nutrient credit certification.
B. If the department decides that a request
				  for modification, revocation and reissuance, or termination is not justified,
				  it shall send the requester a brief response giving a reason for the
				  decision.
C. If the department
				  tentatively decides to modify or revoke and reissue a nutrient credit
				  certification, it may request the submission of a new application.
D. If the department tentatively decides to
				  terminate a nutrient credit certification and the owner of the nutrient
				  credit-generating project objects, the department shall issue a notice of
				  intent to terminate and shall contemporaneously notify any known buyers of the
				  project's nutrient credits of its intent to terminate.
E. A certification of nutrient credits may be
				  modified, revoked and reissued, or terminated for cause.
1. Causes for modification. The following are
				  causes for modification, revocation, and reissuance of a certification of
				  nutrient credits:
a. There are material and
				  substantial alterations or additions to the nutrient credit-generating project
				  that occurred after certification of nutrient credits and that justify the
				  application of conditions that are different or absent in the existing nutrient
				  credit certification.
b. The
				  department has received new technical information that would have justified the
				  application of different conditions at the time of issuance; however, credit
				  quantities established using the best available scientific and technical
				  information at the time of certification may not be reduced.
c. The department determines good cause
				  exists for modification of milestones within the nutrient credit
				  certification.
d. To correct
				  technical mistakes, such as errors in calculation, or mistaken interpretations
				  of law made in determining nutrient credit certification conditions.
e. The department has received notification
				  of a proposed transfer of ownership of the nutrient credit-generating
				  project.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 900 - CERTIFICATION OF NONPOINT SOURCE NUTRIENT CREDITS › Part V - Fees › Section 9VAC25-900-190 - Purpose and applicability of fees

Current through Register Vol. 40, No. 24, July 15, 2024
A. The purpose of this part is to establish a
				  schedule of fees collected by the department in the support of its programs
				  under this chapter and as permitted under the Act.
B. This part applies to all persons who
				  submit an application for a certification of nutrient credits in accordance
				  with 9VAC25-900-80. The fees shall be assessed in accordance with this
				  part.
Statutory Authority: §
												62.1-44.19:20
						of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 900 - CERTIFICATION OF NONPOINT SOURCE NUTRIENT CREDITS › Part V - Fees › Section 9VAC25-900-200 - Determination of application fee amount

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each nutrient credit-generating project
				  application and each nutrient credit-generating project modification
				  application is a separate action and shall be assessed a separate fee. The
				  amount of such fees is determined on the basis of this section.
B. Perpetual nutrient credit certifications.
1. An applicant for certification of
				  perpetual nutrient credits is assessed a base fee as shown in Table 1 of
				  9VAC25-900-220 A.
2. An applicant
				  is assessed a supplementary fee based on the number of potential nutrient
				  credits of phosphorus generated in addition to the base fee specified in
				  subdivision 1 of this subsection. The supplementary fees are shown in Table 1
				  of 9VAC25-900-220 A.
3.
				  Modifications of approved perpetual nutrient credit certifications will be
				  assessed the base fee only unless the modifications generate additional
				  perpetual credits then a supplementary fee based on the number of additional
				  potential nutrient credits of phosphorus will be assessed in addition to the
				  base fee as specified in subdivision 2 of this subsection.
4. The total fee (base fee plus supplementary
				  fee) shall not exceed $10,000. If the calculated fee is greater than $10,000
				  then the applicant shall only pay $10,000.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 900 - CERTIFICATION OF NONPOINT SOURCE NUTRIENT CREDITS › Part V - Fees › Section 9VAC25-900-210 - Payment of application fees

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Due date. All application fees are due on the day of application and must
				  accompany the application.
B.
				  Method of payment. Fees shall be paid by check, draft, or postal money order
				  made payable to "Treasurer of Virginia" and shall be sent to the Department of
				  Environmental Quality, Receipts Control, P.O. Box 1104, Richmond, VA 23218.
				  When the department is able to accept electronic payments, payments may be
				  submitted electronically.
C.
				  Incomplete payments. All incomplete payments will be deemed
				  nonpayments.
D. Late payment.
				  Pursuant to 9VAC25-900-80, no applications will be deemed to be complete until
				  the department receives the fee paid in full.
Statutory Authority: §
												62.1-44.19:20
						of the Code of Virginia.