Administrative Code

Creating a Report: Check the sections you'd like to appear in the report, then use the "Create Report" button at the bottom of the page to generate your report. Once the report is generated you'll then have the option to download it as a pdf, print or email the report.

Virginia Administrative Code
Title 9. Environment
Agency 25. State Water Control Board
Chapter 260. Water Quality Standards

9VAC25-260-90. Thermal variances.

The temperature limits set forth in 9VAC25-260-50 through 9VAC25-260-80 may be superseded in certain locations where a thermal variance demonstration is performed in accordance with § 316(a) of the Clean Water Act.

A successful demonstration accepted by the board concerning thermal discharge limits carried out under § 316(a) of the Clean Water Act shall constitute compliance with the temperature requirements of these standards. A successful demonstration must assure the protection and propagation of a balanced indigenous population of aquatic species and wildlife in or on the water into which the discharge is made. When making a determination concerning thermal discharge limits under § 316(a) of the Clean Water Act, the board shall provide notice and opportunity for a public hearing.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia; 33 USC § 1251 et seq. of the federal Clean Water Act; 40 CFR Part 131.

Historical Notes

Derived from VR680-21-01.9, eff. May 20, 1992; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997; Volume 26, Issue 12, eff. February 1, 2010.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.