§ 124-4-5. Offsite Compliance Options.

A.

The Director, at his discretion, may allow an operator to use the following offsite compliance options to meet required phosphorus nutrient reductions:

1.

Offsite controls utilized in accordance with a comprehensive stormwater management plan adopted pursuant to § 124-4-9 for the local watershed within which a project is located;

2.

A locality pollutant loading pro rata share program established pursuant to § 15.2-2243 of the Virginia Code or similar local funding mechanism;

3.

The nonpoint nutrient offset program established pursuant to § 62.1-44.15:35 of the Virginia Code;

4.

Any other offsite options approved by an applicable state agency or state board; and

5.

When an operator has additional properties available within the same HUC or upstream HUC that the land-disturbing activity directly discharges to or within the same watershed as determined by the Director, offsite stormwater management facilities on those properties may be utilized to meet the required phosphorus nutrient reductions from the land-disturbing activity.

B.

Notwithstanding subsection A, and pursuant to § 62.1-44.15:35, operators shall be allowed to utilize offsite options identified in subsection A under any of the following conditions:

1.

Less than five acres of land will be disturbed;

2.

The postconstruction phosphorus control requirement is less than 10 pounds per year; or

3.

At least 75% of the required phosphorus nutrient reductions are achieved on-site. If at least 75% of the required phosphorus nutrient reductions can not be met on-site, and the operator can demonstrate to the satisfaction of the Director that (i) alternative site designs have been considered that may accommodate on-site best management practices, (ii) on-site best management practices have been considered in alternative site designs to the maximum extent practicable, (iii) appropriate on-site best management practices will be implemented, and (iv) full compliance with postdevelopment nonpoint nutrient runoff compliance requirements cannot practicably be met on-site, then the required phosphorus nutrient reductions may be achieved, in whole or in part, through the use of off-site compliance options.

C.

Notwithstanding subsections A and B, offsite options shall not be allowed:

1.

Unless the selected offsite option achieves the necessary nutrient reductions prior to the commencement of the operator's land-disturbing activity. In the case of a phased project, the operator may acquire or achieve offsite nutrient reductions prior to the commencement of each phase of land-disturbing activity in an amount sufficient for each phase.

2.

In contravention of local water quality-based limitations at the point of discharge that are (i) consistent with the determinations made pursuant to subsection B of § 62.1-44.19:7 of the Virginia Code, (ii) contained in a municipal separate storm sewer system (MS4) program plan accepted by the Department of Environmental Quality, or (iii) as otherwise may be established or approved by the State Water Control Board. Such limitations include but are not limited to the phosphorous reduction requirement in the Water Supply Protection Overlay District and any applicable nutrient-based TMDL in Fairfax County.

D.

In order to meet the requirements of § 124-4-4, offsite options 1 and 2 of subsection A above may be utilized.

E.

Reserved.

F.

In accordance with § 62.1-44.15:35F of the Code of Virginia, nutrient credits used pursuant to subsection A shall be generated in the same or adjacent eight-digit hydrologic unit code as defined by the United States Geological Survey as the permitted site. Nutrient credits outside the same or adjacent eight-digit hydrologic unit code may only be used if it is determined by the Director that no credits are available within the same or adjacent eight-digit hydrologic unit code when the Director accepts the final site design. In such cases, and subject to other limitations imposed in this section, credits available within the same tributary may be used. In no case shall credits from another tributary be used. (08-14-124; 06-15-124.)