62.1-44.19:13 - Definitions.
§ 62.1-44.19:13. Definitions.
As used in this article, unless the context requires a different meaning:
"Annual mass load of total nitrogen" (expressed in pounds per year) meansthe daily total nitrogen concentration (expressed as mg/L to the nearest 0.01mg/L) multiplied by the flow volume of effluent discharged during the 24-hourperiod (expressed as MGD to the nearest 0.01 MGD), multiplied by 8.34 androunded to the nearest whole number to convert to pounds per day (lbs" ° "ay)units, then totaled for the calendar month to convert to pounds per month(lbs/mo) units, and then totaled for the calendar year to convert to poundsper year (lbs/yr) units.
"Annual mass load of total phosphorus" (expressed in pounds per year) meansthe daily total phosphorus concentration (expressed as mg/L to the nearest0.01mg/L) multiplied by the flow volume of effluent discharged during the24-hour period (expressed as MGD to the nearest 0.01 MGD) multiplied by 8.34and rounded to the nearest whole number to convert to pounds per day(lbs" ° "ay) units, then totaled for the calendar month to convert to pounds permonth (lbs/mo) units, and then totaled for the calendar year to convert topounds per year (lbs/yr) units.
"Association" means the Virginia Nutrient Credit Exchange Associationauthorized by this article.
"Attenuation" means the rate at which nutrients are reduced through naturalprocesses during transport in water.
"Biological nutrient removal technology" means (i) technology that willachieve an annual average total nitrogen effluent concentration of eightmilligrams per liter and an annual average total phosphorus effluentconcentration of one milligram per liter, or (ii) equivalent reductions inloads of total nitrogen and total phosphorus through the recycle or reuse ofwastewater as determined by the Department.
"Delivered total nitrogen load" means the discharged mass load of totalnitrogen from a point source that is adjusted by the delivery factor for thatpoint source.
"Delivered total phosphorus load" means the discharged mass load of totalphosphorus from a point source that is adjusted by the delivery factor forthat point source.
"Delivery factor" means an estimate of the number of pounds of totalnitrogen or total phosphorus delivered to tidal waters for every pounddischarged from a permitted facility, as determined by the specificgeographic location of the permitted facility, to account for attenuationthat occurs during riverine transport between the permitted facility andtidal waters. Delivery factors shall be calculated using the Chesapeake BayProgram watershed model.
"Department" means the Department of Environmental Quality.
"Equivalent load" means 2,300 pounds per year of total nitrogen and 300pounds per year of total phosphorus at a flow volume of 40,000 gallons perday; 5,700 pounds per year of total nitrogen and 760 pounds per year of totalphosphorus at a flow volume of 100,000 gallons per day; and 28,500 pounds peryear of total nitrogen and 3,800 pounds per year of total phosphorus at aflow volume of 500,000 gallons per day.
"Facility" means a point source discharging or proposing to discharge totalnitrogen or total phosphorus to the Chesapeake Bay or its tributaries. Thisterm does not include confined animal feeding operations, discharges ofstormwater, return flows from irrigated agriculture, or vessels.
"General permit" means the general permit authorized by this article.
"Permitted facility" means a facility authorized by the general permit todischarge total nitrogen or total phosphorus. For the sole purpose ofgenerating point source nitrogen credits or point source phosphorus credits,"permitted facility" shall also mean the Blue Plains wastewater treatmentfacility operated by the District of Columbia Water and Sewer Authority.
"Permittee" means a person authorized by the general permit to dischargetotal nitrogen or total phosphorus.
"Point source nitrogen credit" means the difference between (i) the wasteload allocation for a permitted facility specified as an annual mass load oftotal nitrogen, and (ii) the monitored annual mass load of total nitrogendischarged by that facility, where clause (ii) is less than clause (i), andwhere the difference is adjusted by the applicable delivery factor andexpressed as pounds per year of delivered total nitrogen load.
"Point source phosphorus credit" means the difference between (i) the wasteload allocation for a permitted facility specified as an annual mass load oftotal phosphorus, and (ii) the monitored annual mass load of total phosphorusdischarged by that facility, where clause (ii) is less than clause (i), andwhere the difference is adjusted by the applicable delivery factor andexpressed as pounds per year of delivered total phosphorus load.
"State-of-the-art nutrient removal technology" means (i) technology thatwill achieve an annual average total nitrogen effluent concentration of threemilligrams per liter and an annual average total phosphorus effluentconcentration of 0.3 milligrams per liter, or (ii) equivalent load reductionsin total nitrogen and total phosphorus through recycle or reuse of wastewateras determined by the Department.
"Tributaries" means those river basins for which separate tributarystrategies were prepared pursuant to § 2.2-218 and includes the Potomac,Rappahannock, York, and James River Basins, and the Eastern Coastal Basin,which encompasses the creeks and rivers of the Eastern Shore of Virginia thatare west of Route 13 and drain into the Chesapeake Bay.
"Waste load allocation" means (i) the water quality-based annual mass loadof total nitrogen or annual mass load of total phosphorus allocated toindividual facilities pursuant to the Water Quality Management PlanningRegulation (9 VAC 25-720) or its successor, (ii) the water quality-basedannual mass load of total nitrogen or annual mass load of total phosphorusacquired pursuant to § 62.1-44.19:15 for new or expanded facilities, or (iii)applicable total nitrogen or total phosphorus total maximum daily loads torestore or protect the water quality and beneficial uses of the ChesapeakeBay or its tidal tributaries.
(2005, cc. 708, 710.)