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9VAC25-40-70. Strategy for Chesapeake Bay Watershed.

A. As specified herein, the board shall include technology-based effluent concentration limitations in the individual permit for any facility that has installed technology for the control of nitrogen and phosphorus whether by new construction, expansion, or upgrade. Such limitations shall be based upon the technology installed by the facility and shall be expressed as annual average concentrations.

1. Except as provided under subdivision 4 of this subsection, an owner or operator of a facility authorized by a Virginia Pollutant Discharge Elimination System permit first issued before July 1, 2005, that expands his facility to discharge 100,000 gallons or more per day, or an equivalent load directly into tidal waters, or 500,000 gallons or more per day, or an equivalent load, directly into nontidal waters shall install state-of-the-art nutrient removal technology at the time of the expansion and achieve an annual average total nitrogen effluent concentration of 3.0 milligrams per liter and an annual average total phosphorus effluent concentration of 0.3 milligrams per liter.

2. Except as provided under subdivision 4 of this subsection, an owner or operator of a facility authorized by a Virginia Pollutant Discharge Elimination System permit first issued before July 1, 2005, that expands his facility to discharge 100,000 gallons or more per day up to and including 499,999 gallons per day, or an equivalent load, directly into nontidal waters shall install, at a minimum, biological nutrient removal technology at the time of the expansion and achieve an annual average total nitrogen effluent concentration of 8.0 milligrams per liter and an annual average total phosphorus effluent concentration of 1.0 milligrams per liter.

3. Except as provided under subdivision 4 of this subsection, an owner or operator of a facility authorized by a Virginia Pollutant Discharge Elimination System permit first issued on or after July 1, 2005, to discharge 40,000 gallons or more per day, or an equivalent load, shall install:

a. At a minimum, biological nutrient removal technology at any facility authorized to discharge up to and including 99,999 gallons per day, or an equivalent load, directly into tidal and nontidal waters or up to and including 499,999 gallons per day, or an equivalent load, to nontidal waters and achieve an annual average total nitrogen effluent concentration of 8.0 milligrams per liter and an annual average total phosphorus effluent concentration of 1.0 milligrams per liter; and

b. State-of-the-art nutrient removal technology at any facility authorized to discharge 100,000 gallons or more per day, or an equivalent load, directly into tidal waters or 500,000 gallons or more per day, or an equivalent load, directly into nontidal waters and achieve an annual average total nitrogen effluent concentration of 3.0 milligrams per liter and an annual average total phosphorus effluent concentration of 0.3 milligrams per liter.

4. On a case-by-case basis, the board may establish a technology-based standard and associated concentration limitation less stringent than the applicable standard specified in subdivision 1, 2 or 3 of this subsection, as applicable, based on a demonstration by an owner or operator that the specified standard is not technically or economically feasible for the affected facility or that the technology-based standard and associated concentration limitation would degrade receiving waters or require the owner or operator to construct treatment facilities not otherwise necessary to comply with his waste load allocation without reliance on nutrient credit exchanges pursuant to 62.1-44.19:18 of the Code of Virginia, provided, however, the discharger must achieve an annual total nitrogen waste load allocation and an annual total phosphorus waste load allocation as required by the Water Quality Management Planning Regulation (9VAC25-720).

5. Any effluent limitation concerning a nutrient that is imposed under any other requirement of state or federal law or regulation that is more stringent than those established herein shall not be affected by this regulation.

B. In accordance with Article 1.1 ( 10.1-1187.1 et seq.) of Chapter 11.1 of Title 10.1 of the Code of Virginia, the board may approve an alternate compliance method to the technology-based effluent concentration limitations as required by subsection A of this section. Such alternate compliance method shall be incorporated into the permit of an Exemplary Environmental Enterprise (E3) facility or an Extraordinary Environmental Enterprise (E4) facility to allow the suspension of applicable technology-based effluent concentration limitations during the period the E3 or E4 facility has a fully implemented environmental management system that includes operation of installed nutrient removal technologies at the treatment efficiency levels for which they were designed.

C. Notwithstanding subsection A of this section, point source dischargers within the Chesapeake Bay Watershed are also governed by the Water Quality Management Planning Regulation (9VAC25-720).

Statutory Authority

62.1-44.15 of the Code of Virginia; 303 of the federal Clean Water Act.

Historical Notes

Derived from Virginia Register Volume 22, Issue 3, eff. November 16, 2005.


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