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 9VAC25-900-150 - Recordkeeping and reporting

Current through Register Vol. 40, No. 24, July 15, 2024
A. The owner of
				  the nutrient credit-generating project shall maintain all records relevant to
				  the management, operations, and maintenance of the nutrient credit-generating
				  project, including copies of all reports required by this chapter, the nutrient
				  credit certification or the implementation plan, operations and maintenance
				  plan, or financial assurance approved under this chapter. Records of all data
				  used to complete the application for certification of nutrient credits shall be
				  kept. All records shall be maintained for at least five years following the
				  final exchange of any credits. This period of retention shall be extended
				  automatically during the course of any unresolved litigation regarding the
				  regulated activity or regarding control standards applicable to the owner of
				  the nutrient credit-generating project, or as requested by the
				  department.
B. All applications,
				  reports, or information submitted to the department shall be signed and
				  certified as required by
				  9VAC25-900-130.
C. Reporting requirements.
1. The owner of the nutrient
				  credit-generating project shall give advance notice to the department as soon
				  as possible of any planned physical alterations or additions to the project
				  when the alteration or addition could change the amount of nutrient reductions
				  generated.
2. The owner of the
				  nutrient credit-generating project shall give advance notice to the department
				  of any planned changes in the project that may result in noncompliance with the
				  Act, this chapter, or the nutrient credit certification.
3. Reports of compliance or noncompliance
				  with or any progress reports on achieving conditions specified in the nutrient
				  credit certification shall be submitted no later than 14 days following each
				  schedule date.
4. Where the owner
				  of the nutrient credit-generating project becomes aware that incorrect
				  information has been submitted in an application for nutrient credit
				  certification or in any report to the department, the owner shall promptly
				  submit the corrected information.
5. Each owner shall submit an annual report
				  on the status of the nutrient credit-generating project operations including
				  credit-generating practices, confirmation of the continued implementation and
				  maintenance of practices required to establish baseline in accordance with
				  9VAC25-900-100,
				  statement of financial assurances, and an up-to-date credit ledger detailing
				  credits available for exchange, credits exchanged, and associated purchaser
				  information. This report shall contain recent photographs of any structural
				  BMPs implemented to achieve baseline or for nutrient credit generation. The
				  report shall cover the period from July 1 through June 30 of each year and be
				  submitted annually by August 15 unless an alternative reporting period and
				  submittal date are provided for in the nutrient credit certification.
6. In addition to the annual report detailed
				  in subdivision 5 of this subsection, nutrient credit-generating projects
				  utilizing wetland or stream restoration shall conduct post-construction
				  monitoring and submit monitoring reports, according to the monitoring plan
				  approved as part of the implementation plan pursuant to
				  9VAC25-900-120.
7. Exchange of credits shall be recorded on
				  the registry. The exchange of credits by the owner of the nutrient
				  credit-generating project shall be reported to the department within 14
				  calendar days of the date of the exchange. This report shall include:
a. The identification for the credits
				  exchanged;
b. The name of and
				  contact information for the buyer;
c. The name of the seller;
d. The amount of credits exchanged;
				  and
e. If applicable, the name of
				  the facility and the associated permit number that shall use the purchased
				  credits.