Part II. Standards with More Specific Application
9VAC25-260-160. Fecal coliform bacteria; shellfish waters.
In all open ocean or estuarine waters capable of propagating shellfish or in specific areas where public or leased private shellfish beds are present, and including those waters on which condemnation are established by the State Department of Health, the following criteria for fecal coliform bacteria shall apply:
The geometric mean fecal coliform value for a sampling station shall not exceed an MPN (most probable number) or MF (membrane filtration using mTEC culture media) of 14 per 100 milliliters (ml). The estimated 90th percentile shall not exceed an MPN of 43 per 100 ml for a 5-tube decimal dilution test or an MPN of 49 per 100 ml for a 3-tube decimal dilution test or MF test of 31 CFU (colony forming units) per 100 ml.
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 VR680-21-02.1, eff. May 20, 1992; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997; Volume 19, Issue 7, eff. January 15, 2003; Volume 26, Issue 12, eff. February 1, 2010.
9VAC25-260-170. Bacteria; other recreational waters.
A. The following bacteria criteria (counts/100ml) shall apply to protect primary contact recreational uses in surface waters, except waters identified in subsection B of this section:
In freshwater, E. coli bacteria shall not exceed a geometric mean of 126 counts/100ml and shall not have greater than a 10% excursion frequency of a statistical threshold value (STV) of 410 counts/100 ml, both in an assessment period of up to 90 days.
In transition and saltwater, Enterococci bacteria shall not exceed a geometric mean of 35 counts/100ml and shall not have greater than a 10% excursion frequency of a statistical threshold value (STV) of 130 counts/100ml, both in an assessment period of up to 90 days.
1. See 9VAC25-260-140 C for boundary delineations for freshwater, transition, and saltwater.
2. In VPDES discharges to freshwater, bacteria in effluent requiring disinfection shall not exceed a monthly geometric mean of E. coli bacteria of 126 counts/100ml. Alternative performance standards may be established where an approved long term control plan establishes an alternative level of disinfection for a combined sewer system.
In VPDES discharges to transition and saltwater, bacteria in effluent requiring disinfection shall not exceed a monthly geometric mean of enterococci bacteria of 35 counts/100ml.
B. The following bacteria criteria per 100 ml (CFU/100 ml) of water shall apply:
E. coli bacteria shall not exceed a monthly geometric mean of 630 CFU/100 ml in freshwater.
Enterococci bacteria shall not exceed a monthly geometric mean of 175 CFU/100 ml in transition and saltwater.
1. See 9VAC25-260-140 C for boundary delineations for freshwater, transition, and saltwater.
2. Geometric means shall be calculated using all data collected during any calendar month with a minimum of four weekly samples.
3. If there is insufficient data to calculate monthly geometric means in freshwater, no more than 10% of the total samples in the assessment period shall exceed 1173 E. coli CFU/100 ml.
4. If there is insufficient data to calculate monthly geometric means in transition and saltwater, no more than 10% of the total samples in the assessment period shall exceed 519 enterococci CFU/100 ml.
5. Where the existing water quality for bacteria is below the geometric mean criteria in a water body designated for secondary contact in subdivision 6 of this subsection that higher water quality will be maintained in accordance with 9VAC25-260-30 A 2.
6. Surface waters designated under this subsection are as follows:
a. (Reserved)
b. (Reserved)
c. (Reserved)
Statutory Authority
§ 62.1-44.15 of the Code of Virginia; Clean Water Act (33 USC § 1251 et seq.); 40 CFR Part 131.
Historical Notes
Derived from VR680-21-02.2, eff. May 20, 1992; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997; Volume 19, Issue 7, eff. January 15, 2003; Volume 20, Issue 9, eff. February 12, 2004; Volume 26, Issue 12, eff. February 1, 2010; amended Virginia Register Volume 36, Issue 6, eff. October 21, 2019.
9VAC25-260-180. [Deleted].
Historical Notes
Derived from VR680-21-02.3, eff. May 20, 1992.
9VAC25-260-185. Criteria to protect designated uses from the impacts of nutrients and suspended sediment in the Chesapeake Bay and its tidal tributaries.
A. Dissolved oxygen. The dissolved oxygen criteria in the following table apply to all Chesapeake Bay waters according to their specified designated use and supersede the dissolved oxygen criteria in 9VAC25-260-50.
Designated Use | Criteria Concentration/Duration | Temporal Application |
Migratory fish spawning and nursery | 7-day mean ≥ 6 mg/l (tidal habitats with 0-0.5 ppt salinity) | February 1 - May 31 |
Instantaneous minimum ≥ 5 mg/l | ||
Open water1 | 30-day mean ≥ 5.5 mg/l (tidal habitats with 0-0.5 ppt salinity) | year-round2 |
30-day mean ≥ 5 mg/l (tidal habitats with > 0.5 ppt salinity) | ||
7-day mean ≥ 4 mg/l | ||
Instantaneous minimum ≥ 3.2 mg/l at temperatures < 29°C Instantaneous minimum ≥ 4.3 mg/l at temperatures ≥ 29°C | ||
Deep water | 30-day mean ≥ 3 mg/l | June 1 - September 30 |
1-day mean ≥ 2.3 mg/l | ||
Instantaneous minimum ≥ 1.7 mg/l | ||
Deep channel | Instantaneous minimum ≥ 1 mg/l | June 1 - September 30 |
1In applying this open water instantaneous criterion to the Chesapeake Bay and its tidal tributaries where the existing water quality for dissolved oxygen exceeds an instantaneous minimum of 3.2 mg/l, that higher water quality for dissolved oxygen shall be provided antidegradation protection in accordance with 9VAC25-260-30 A 2. 2Open-water dissolved oxygen criteria attainment is assessed separately over two time periods: summer (June 1- September 30) and nonsummer (October 1-May 31) months. | ||
B. Submerged aquatic vegetation (SAV) and water clarity. Attainment of the shallow-water submerged aquatic vegetation designated use shall be determined using any one of the following criteria:
Designated Use | Chesapeake Bay Program Segment | SAV Acres1 | Percent Light-Through-Water2 | Water Clarity Acres1 | Temporal Application |
Shallow water submerged aquatic vegetation use | CB5MH | 7,633 | 22% | 14,514 | April 1 - October 31 |
CB6PH | 1,267 | 22% | 3,168 | March 1 - November 30 | |
CB7PH | 15,107 | 22% | 34,085 | March 1 - November 30 | |
CB8PH | 11 | 22% | 28 | March 1 - November 30 | |
POTTF | 2,093 | 13% | 5,233 | April 1 - October 31 | |
POTOH | 1,503 | 13% | 3,758 | April 1 - October 31 | |
POTMH | 4,250 | 22% | 10,625 | April 1 - October 31 | |
RPPTF | 66 | 13% | 165 | April 1 - October 31 | |
RPPOH | 4 | 13% | 10 | April 1 - October 31 | |
RPPMH | 5,380 | 22% | 13,450 | April 1 - October 31 | |
CRRMH | 768 | 22% | 1,920 | April 1 - October 31 | |
PIAMH | 3,479 | 22% | 8,014 | April 1 - October 31 | |
MPNTF | 85 | 13% | 213 | April 1 - October 31 | |
MPNOH | - | - | - | - | |
PMKTF | 187 | 13% | 468 | April 1 - October 31 | |
PMKOH | - | - | - | - | |
YRKMH | 239 | 22% | 598 | April 1 - October 31 | |
YRKPH | 2,793 | 22% | 6,982 | March 1 - November 30 | |
MOBPH | 15,901 | 22% | 33,990 | March 1 - November 30 | |
JMSTF2 | 266 | 13% | 665 | April 1 - October 31 | |
JMSTF1 | 1,333 | 13% | 3,332 | April 1 - October 31 | |
APPTF | 379 | 13% | 948 | April 1 - October 31 | |
JMSOH | 15 | 13% | 38 | April 1 - October 31 | |
CHKOH | 535 | 13% | 1,338 | April 1 - October 31 | |
JMSMH | 531 | 22% | 1,328 | April 1 - October 31 | |
JMSPH | 604 | 22% | 1,510 | March 1 - November 30 | |
WBEMH | - | - | - | - | |
SBEMH | - | - | - | - | |
EBEMH | - | - | - | - | |
ELIPH | - | - | - | - | |
LYNPH | 107 | 22% | 268 | March 1 - November 30 | |
POCOH | - | - | - | - | |
POCMH | 4,066 | 22% | 9,368 | April 1 - October 31 | |
TANMH | 13,579 | 22% | 22,064 | April 1 - October 31 | |
1The assessment period for SAV and water clarity acres shall be the single best year in the most recent three consecutive years. When three consecutive years of data are not available, a minimum of three years within the data assessment window shall be used. | |||||
2Percent light-through-water = 100e(-KdZ) where Kd is water column light attenuation coefficient and can be measured directly or converted from a measured secchi depth where Kd = 1.45/secchi depth. Z = depth at location of measurement of Kd. | |||||
C. Chlorophyll a.
Designated Use | Chlorophyll a Narrative Criterion | Temporal Application |
Open water | Concentrations of chlorophyll a in free-floating microscopic aquatic plants (algae) shall not exceed levels that result in undesirable or nuisance aquatic plant life or render tidal waters unsuitable for the propagation and growth of a balanced, indigenous population of aquatic life or otherwise result in ecologically undesirable water quality conditions such as reduced water clarity, low dissolved oxygen, food supply imbalances, proliferation of species deemed potentially harmful to aquatic life or humans, or aesthetically objectionable conditions. | March 1 - September 30 |
See 9VAC25-260-310 special standard bb for numerical chlorophyll criteria for the tidal James River. | ||
D. Implementation.
1. Chesapeake Bay program segmentation scheme as described in Chesapeake Bay Program, 2004 Chesapeake Bay Program Analytical Segmentation Scheme-Revisions, Decisions and Rationales: 1983–2003, CBP/TRS 268/04, EPA 903-R-04-008, Chesapeake Bay Program, Annapolis, Maryland, and the Chesapeake Bay Program published 2005 addendum (CBP/TRS 278-06; EPA 903-R-05-004) is listed in the following table and shall be used as the spatial assessment unit to determine attainment of the criteria in this section for each designated use.
Chesapeake Bay Segment Description | Segment Name1 | Chesapeake Bay Segment Description | Segment Name1 |
Lower Central Chesapeake Bay | CB5MH | Mobjack Bay | MOBPH |
Western Lower Chesapeake Bay | CB6PH | Upper Tidal Fresh James River | JMSTF2 |
Eastern Lower Chesapeake Bay | CB7PH | Lower Tidal Fresh James River | JMSTF1 |
Mouth of the Chesapeake Bay | CB8PH | Appomattox River | APPTF |
Upper Potomac River | POTTF | Middle James River | JMSOH |
Middle Potomac River | POTOH | Chickahominy River | CHKOH |
Lower Potomac River | POTMH | Lower James River | JMSMH |
Upper Rappahannock River | RPPTF | Mouth of the James River | JMSPH |
Middle Rappahannock River | RPPOH | Western Branch Elizabeth River | WBEMH |
Lower Rappahannock River | RPPMH | Southern Branch Elizabeth River | SBEMH |
Corrotoman River | CRRMH | Eastern Branch Elizabeth River | EBEMH |
Piankatank River | PIAMH | Lafayette River | LAFMH |
Upper Mattaponi River | MPNTF | Mouth of the Elizabeth River | ELIPH |
Lower Mattaponi River | MPNOH | Lynnhaven River | LYNPH |
Upper Pamunkey River | PMKTF | Middle Pocomoke River | POCOH |
Lower Pamunkey River | PMKOH | Lower Pocomoke River | POCMH |
Middle York River | YRKMH | Tangier Sound | TANMH |
Lower York River | YRKPH | ||
1First three letters of segment name represent Chesapeake Bay segment description, letters four and five represent the salinity regime of that segment (TF = Tidal Fresh, OH = Oligohaline, MH = Mesohaline, and PH = Polyhaline) and a sixth space is reserved for subdivisions of that segment. | |||
2. The assessment period shall be the most recent three consecutive years. When three consecutive years of data are not available, a minimum of three years within the data assessment window shall be used.
3. Attainment of these criteria shall be assessed through comparison of the generated cumulative frequency distribution of the monitoring data to the applicable criteria reference curve for each designated use. If the monitoring data cumulative frequency curve is completely contained inside the reference curve, then the segment is in attainment of the designated use. The reference curves and procedures to be followed are published in the USEPA, Ambient Water Quality Criteria for Dissolved Oxygen, Water Clarity and Chlorophyll a for the Chesapeake Bay and Its Tidal Tributaries, EPA 903-R-03-002, April 2003 and the 2004 (EPA 903-R-03-002 October 2004), 2007 (CBP/TRS 285/07, EPA 903-R-07-003), 2007 (CBP/TRS 288/07, EPA 903-R-07-005), 2008 (CBP/TRS 290-08, EPA 903-R-08-001), 2010 (CBP/TRS 301-10, EPA 903-R-10-002), and 2017 (CBP/TRS 320-17, EPA 903-R-17-002) addenda. An exception to this requirement is in measuring attainment of the SAV and water clarity acres, which are compared directly to the criteria.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia; Clean Water Act (33 USC § 1251 et seq.); 40 CFR Part 131.
Historical Notes
Derived from Virginia Register Volume 21, Issue 23, eff. June 24, 2005; amended, Volume 26, Issue 12, eff. February 1, 2010; Volume 27, Issue 6, eff. January 6, 2011; Volume 32, Issue 26, eff. June 27, 2017; Volume 35, Issue 7, eff. January 10, 2019; Volume 39, Issue 9, eff. April 18, 2023.
9VAC25-260-186. Virginia Pollutant Discharge Elimination System permits and schedules of compliance.
A. As deemed necessary to meet the requirements of 9VAC25-260-185, the board shall issue or modify Virginia Pollutant Discharge Elimination System permits for point source dischargers located throughout the tidal and nontidal sections of the following river basins: Potomac (9VAC25-260-390 and 9VAC25-260-400), James (9VAC25-260-410, 9VAC25-260-415, 9VAC25-260-420 and 9VAC25-260-430), Rappahannock (9VAC25-260-440), York (9VAC25-260-530) and Chesapeake Bay/Small Coastal Basins (subdivisions 2 through 3g of 9VAC25-260-520).
B. National Pollutant Discharge Elimination System permits issued by permitting authorities with the Chesapeake Bay watershed may include a compliance schedule in accordance with implementing regulations requiring compliance as soon as possible with nutrient load limitations assigned to individual dischargers.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 21, Issue 23, eff. June 24, 2005.
9VAC25-260-187. Criteria for man-made lakes and reservoirs to protect aquatic life and recreational designated uses from the impacts of nutrients.
A. The criteria in subsection B of this section apply to the man-made lakes and reservoirs listed in this section. Additional man-made lakes and reservoirs may be added as new reservoirs are constructed or monitoring data become available from outside groups or future agency monitoring.
B. Whether or not algicide treatments are used, the chlorophyll a criteria apply to all waters on the list. The total phosphorus criteria apply only if a specific man-made lake or reservoir received algicide treatment during the monitoring and assessment period of April 1 through October 31.
The 90th percentile of the chlorophyll a data collected at one meter or less within the lacustrine portion of the man-made lake or reservoir between April 1 and October 31 shall not exceed the chlorophyll a criterion for that waterbody in each of the two most recent monitoring years that chlorophyll a data are available. For a waterbody that received algicide treatment, the median of the total phosphorus data collected at one meter or less within the lacustrine portion of the man-made lake or reservoir between April 1 and October 31 shall not exceed the total phosphorus criterion in each of the two most recent monitoring years that total phosphorus data are available.
Monitoring data used for assessment shall be from sampling locations within the lacustrine portion where observations are evenly distributed over the seven months from April 1 through October 31 and are in locations that are representative, either individually or collectively, of the condition of the man-made lake or reservoir.
Man-made Lake or Reservoir Name | Location | Chlorophyll a (μg/L) | Total Phosphorus (μg/L) |
Abel Lake | Stafford County | 35 | 40 |
Airfield Pond | Sussex County | 35 | 40 |
Amelia Lake | Amelia County | 35 | 40 |
Aquia Reservoir (Smith Lake) | Stafford County | 35 | 40 |
Bark Camp Lake (Corder Bottom Lake, Lee/Scott/Wise Lake) | Scott County | 35 | 40 |
Beaver Creek Reservoir | Albemarle County | 35 | 40 |
Beaverdam Creek Reservoir (Beaverdam Reservoir) | Bedford County | 35 | 40 |
Beaverdam Reservoir | Loudoun County | 35 | 40 |
Bedford Reservoir (Stony Creek Reservoir) | Bedford County | 35 | 40 |
Big Cherry Lake | Wise County | 35 | 40 |
Breckenridge Reservoir | Prince William County | 35 | 40 |
Briery Creek Lake | Prince Edward County | 35 | 40 |
Brunswick Lake (County Pond) | Brunswick County | 35 | 40 |
Burke Lake | Fairfax County | 60 | 40 |
Carvin Cove Reservoir | Botetourt County | 35 | 40 |
Cherrystone Reservoir | Pittsylvania County | 35 | 40 |
Chickahominy Lake | Charles City County | 35 | 40 |
Chris Green Lake | Albemarle County | 35 | 40 |
Claytor Lake | Pulaski County | 25 | 20 |
Clifton Forge Reservoir (Smith Creek Reservoir) | Alleghany County | 35 | 20 |
Coles Run Reservoir | Augusta County | 10 | 10 |
Curtis Lake | Stafford County | 60 | 40 |
Diascund Creek Reservoir | New Kent County | 35 | 40 |
Douthat Lake | Bath County | 25 | 20 |
Elkhorn Lake | Augusta County | 10 | 10 |
Emporia Lake (Meherrin Reservoir) | Greensville County | 35 | 40 |
Fairystone Lake | Henry County | 35 | 40 |
Falling Creek Reservoir | Chesterfield County | 35 | 40 |
Fluvanna Ruritan Lake | Fluvanna County | 60 | 40 |
Fort Pickett Reservoir | Nottoway/Brunswick County | 35 | 40 |
Gatewood Reservoir | Pulaski County | 35 | 40 |
Georges Creek Reservoir | Pittsylvania County | 35 | 40 |
Goose Creek Reservoir | Loudoun County | 35 | 40 |
Graham Creek Reservoir | Amherst County | 35 | 40 |
Great Creek Reservoir | Lawrenceville | 35 | 40 |
Harrison Lake | Charles City County | 35 | 40 |
Harwood Mills Reservoir | York County | 60 | 40 |
Hidden Valley Lake | Washington County | 35 | 40 |
Hogan Lake | Pulaski County | 35 | 40 |
Holiday Lake | Appomattox County | 35 | 40 |
Hungry Mother Lake | Smyth County | 35 | 40 |
Hunting Run Reservoir | Spotsylvania County | 35 | 40 |
J. W. Flannagan Reservoir | Dickenson County | 25 | 20 |
Kerr Reservoir, Virginia portion (Buggs Island Lake) | Halifax County | 25 | 30 |
Keysville Reservoir | Charlotte County | 35 | 40 |
Lake Albemarle | Albemarle County | 35 | 40 |
Lake Anna | Louisa , Spotsylvania, Orange Counties | 25 | 30 |
Lake Arrowhead | Page County | 35 | 40 |
Lake Burnt Mills | Isle of Wight County | 60 | 40 |
Lake Chesdin | Chesterfield County | 35 | 40 |
Lake Cohoon | Suffolk City | 60 | 40 |
Lake Conner | Halifax County | 35 | 40 |
Lake Frederick | Frederick County | 35 | 40 |
Lake Gaston, (Virginia portion) | Brunswick County | 25 | 30 |
Lake Gordon | Mecklenburg County | 35 | 40 |
Lake Keokee | Lee County | 35 | 40 |
Lake Kilby | Suffolk City | 60 | 40 |
Lake Lawson | Virginia Beach City | 60 | 40 |
Lake Manassas | Prince William County | 35 | 40 |
Lake Meade | Suffolk City | 60 | 40 |
Lake Moomaw | Bath County | 10 | 10 |
| Lake Mooney | Stafford County | 25 | 40 |
Lake Nelson | Nelson County | 60 | 40 |
Lake Nottoway (Lee Lake, Nottoway Lake) | Nottoway County | 35 | 40 |
Lake Orange | Orange County | 60 | 40 |
Lake Pelham | Culpeper County | 35 | 40 |
Lake Prince | Suffolk City | 60 | 40 |
Lake Robertson | Rockbridge County | 35 | 40 |
Lake Smith | Virginia Beach City | 60 | 40 |
Lake Whitehurst | Norfolk City | 60 | 40 |
Lake Wright | Norfolk City | 60 | 40 |
Lakeview Reservoir | Chesterfield County | 35 | 40 |
Laurel Bed Lake | Russell County | 35 | 40 |
Lee Hall Reservoir (Newport News Reservoir) | Newport News City | 60 | 40 |
Leesville Reservoir | Bedford County | 25 | 30 |
Little Creek Reservoir | Virginia Beach City | 60 | 40 |
Little Creek Reservoir | James City County | 25 | 30 |
Little River Reservoir | Montgomery County | 35 | 40 |
Lone Star Lake F (Crystal Lake) | Suffolk City | 60 | 40 |
Lone Star Lake G (Crane Lake) | Suffolk City | 60 | 40 |
Lone Star Lake I (Butler Lake) | Suffolk City | 60 | 40 |
Lunga Reservoir | Prince William County | 35 | 40 |
Lunenburg Beach Lake (Victoria Lake) | Town of Victoria | 35 | 40 |
Martinsville Reservoir (Beaver Creek Reservoir) | Henry County | 35 | 40 |
Mill Creek Reservoir | Amherst County | 35 | 40 |
Modest Creek Reservoir | Town of Victoria | 35 | 40 |
Motts Run Reservoir | Spotsylvania County | 25 | 30 |
Mount Jackson Reservoir | Shenandoah County | 35 | 40 |
Mountain Run Lake | Culpeper County | 35 | 40 |
Ni Reservoir | Spotsylvania County | 35 | 40 |
North Fork Pound Reservoir | Wise County | 35 | 40 |
Northeast Creek Reservoir | Louisa County | 35 | 40 |
Occoquan Reservoir | Fairfax County | 35 | 40 |
Pedlar Lake | Amherst County | 25 | 20 |
Philpott Reservoir | Henry County | 25 | 30 |
Phelps Creek Reservoir (Brookneal Reservoir) | Campbell County | 35 | 40 |
Powhatan Lakes (Upper and Lower) | Powhatan County | 35 | 40 |
Ragged Mountain Reservoir | Albemarle County | 35 | 40 |
Rivanna Reservoir (South Fork Rivanna Reservoir) | Albemarle County | 35 | 40 |
Roaring Fork | Pittsylvania County | 35 | 40 |
Rural Retreat Lake | Wythe County | 35 | 40 |
Sandy River Reservoir | Prince Edward County | 35 | 40 |
Shenandoah Lake | Rockingham County | 35 | 40 |
Silver Lake | Rockingham County | 35 | 40 |
Smith Mountain Lake | Bedford County | 25 | 30 |
South Holston Reservoir | Washington County | 25 | 20 |
Speights Run Lake | Suffolk City | 60 | 40 |
Spring Hollow Reservoir | Roanoke County | 25 | 20 |
Staunton Dam Lake | Augusta County | 35 | 40 |
Stonehouse Creek Reservoir | Amherst County | 60 | 40 |
Strasburg Reservoir | Shenandoah County | 35 | 40 |
Stumpy Lake | Virginia Beach | 60 | 40 |
Sugar Hollow Reservoir | Albemarle County | 25 | 20 |
Swift Creek Lake | Chesterfield County | 35 | 40 |
Swift Creek Reservoir | Chesterfield County | 35 | 40 |
Switzer Lake | Rockingham County | 10 | 10 |
Talbott Reservoir | Patrick County | 35 | 40 |
Thrashers Creek Reservoir | Amherst County | 35 | 40 |
Totier Creek Reservoir | Albemarle County | 35 | 40 |
Townes Reservoir | Patrick County | 25 | 20 |
Troublesome Creek Reservoir | Buckingham County | 35 | 40 |
Waller Mill Reservoir | York County | 25 | 30 |
Western Branch Reservoir | Suffolk City | 25 | 20 |
Wise Reservoir | Wise County | 25 | 20 |
C. When the board determines that the applicable criteria in subsection B of this section for a specific man-made lake or reservoir are exceeded, the board shall consult with the Department of Wildlife Resources regarding the status of the fishery in determining whether or not the designated use for that waterbody is being attained. If the designated use of the subject waterbody is not being attained, the board shall assess the waterbody as impaired in accordance with § 62.1-44.19:5 of the Code of Virginia. If the designated use is being attained, the board shall assess the waterbody as impaired in accordance with § 62.1-44.19:5 of the Code of Virginia until site-specific criteria are adopted and become effective for that waterbody.
D. If the nutrient criteria specified for a man-made lake or reservoir in subsection B of this section do not provide for the attainment and maintenance of the water quality standards of downstream waters as required in 9VAC25-260-10 C, the nutrient criteria herein may be modified on a site-specific basis to protect the water quality standards of downstream waters.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia; Clean Water Act (33 USC § 1251 et seq.); 40 CFR Part 131.
Historical Notes
Derived from Virginia Register Volume 24, Issue 4, eff. August 14, 2007; amended, Volume 26, Issue 12, eff. February 1, 2010; Volume 32, Issue 26, eff. June 27, 2017; Volume 39, Issue 9, eff. April 18, 2023.