Part VI. Procedural Requirements
9VAC25-260-250. Procedural requirements for variances due to natural conditions, temperature and §316(a) thermal variances.
A. The standards in this chapter notwithstanding, as a result of natural conditions, water quality may from time to time vary from established limits as a result of natural conditions.
B. When the maximum temperature of stockable trout waters exceeds, solely due to natural conditions, the maximum allowable temperature criterion specified in 9VAC25-260-50, the board, on a case-by-case basis, may grant a variance to the maximum temperature criterion and will use the naturally occurring maximum temperature in setting effluent limits in permits. The public notice for any permit proposed to be issued or reissued by the board will contain reference to any proposed granting of such a variance.
C. Variances under § 316(a) of the Clean Water Act and under subsection B of this section are site-specific case decisions that do not require a standards amendment.
Statutory Authority
§ 62.1-44.15(3a) of the Code of Virginia.
Historical Notes
Derived from VR680-21-06.1, eff. May 20, 1992; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997.
9VAC25-260-260. Modification, amendment, and cancellation of standards.
A. Under the authority of § 62.1-44.15(3)(b) of the State Water Control Law, the board reserves the right at any time to modify, amend, or cancel any of the rules, policies, or standards set forth here. Such modification, amendment, or cancellation shall be consistent with requirements of § 303 of the Clean Water Act, as amended, and regulations promulgated under it.
B. Within three years after December 10, 1997, the department shall perform an analysis on this chapter and provide the board with a report on the results. The analysis shall include (i) the purpose and need for the chapter; (ii) alternatives which would achieve the stated purpose of this chapter in a less burdensome and less intrusive manner; (iii) an assessment of the effectiveness of this chapter; (iv) the results of a review of current state and federal statutory and regulatory requirements, including identification and justification of requirements of this chapter which are more stringent than federal requirements; and (v) the results of a review as to whether this chapter is clearly written and easily understandable by affected entities.
Upon review of the department's analysis, the board shall confirm the need to (i) continue this chapter without amendment; (ii) repeal this chapter; or (iii) amend this chapter. If the board's decision is to repeal or amend this chapter, the board shall authorize the department to initiate the applicable regulatory process to carry out the decision of the board.
Statutory Authority
§ 62.1-44.15(3a) of the Code of Virginia.
Historical Notes
Derived from VR680-21-06.2, eff. May 20, 1992; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997.
9VAC25-260-270. Shellfish buffer zones; public hearing.
Before acting on any proposal for a project that, while not contravening established numeric criteria for shellfish waters, would result in condemnation by the State Health Department of shellfish beds, the board shall convene a public hearing to determine the socio-economic effect of the proposal. Such proposals include discharge of treated waste or proposals to otherwise alter the biological, chemical or physical properties of state waters. If the Marine Resources Commission or the Virginia Institute of Marine Science certify that the project would have no effect on the shellfish use now and in the foreseeable future, the board may dispense with such hearing.
When the board finds that the proposed project will result in shellfish bed condemnation and if the condemnation will violate the general standard, it shall disapprove the proposal.
Statutory Authority
§ 62.1-44.15(3a) of the Code of Virginia.
Historical Notes
Derived from VR680-21-06.3, eff. May 20, 1992; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997.
9VAC25-260-275. Protection of Eastern Shore tidal waters for clams and oysters.
A. This section applies to applications for individual Virginia Pollutant Discharge Elimination System (VPDES) permits authorizing new or expanded discharges to or otherwise affecting Eastern Shore tidal waters, which include all tidal rivers and creeks on the Eastern Shore (Accomack and Northampton counties) including the tidal waters within the barrier islands on the eastern seaside of the Eastern Shore (does not include Atlantic Ocean waters) and all tidal rivers and creeks on the western bayside and including the Chesapeake Bay to a point one mile offshore from any point of land on the Eastern Shore.
B. When such application proposes a new or expanded discharge that would not be denied pursuant to 9VAC25-260-270 but would result in shellfish water condemnation, then the application shall be amended to contain an analysis of wastewater management alternatives to the proposed discharge. An application shall be deemed incomplete until this analysis is provided to the department.
C. For purposes of this part, condemnation shall mean a reclassification of shellfish waters by the state Department of Health to prohibited or restricted (as defined by the U.S. Food and Drug Administration, National Shellfish Sanitation Program, Guide for the Control of Molluscan Shellfish, 2007, Section II, Model Ordinance, Definitions, and Chapter 4, Classification of Shellfish Growing Areas) thereby signifying that shellfish from such waters are unfit for market.
D. The alternatives analysis shall first identify and describe the technical feasibility of each wastewater management alternative to the proposed new or expanded discharge. If the analysis demonstrates that any of the identified alternatives are technically feasible, then the analysis shall further describe the environmental, social and economic impacts and opportunities to mitigate any adverse impacts for those alternatives.
E. If the alternatives analysis demonstrates that the proposed new or expanded discharge is the only technically feasible alternative or produces the least environmental impact of all the technically feasible alternatives, the application will be processed in accordance with 9VAC25-31 (VPDES Permit Regulation). If the analysis demonstrates that a technically feasible alternative produces less of an environmental impact than that associated with the proposed new or expanded discharge but results in significant adverse social and economic impacts to beneficial uses and to the locality and its citizens, the application shall be processed in accordance with 9VAC25-31. If the analysis demonstrates that a technically feasible alternative produces less of an environmental impact than that associated with the proposed new or expanded discharge and does not result in significant adverse social and economic impacts to beneficial uses and to the locality and its citizens, then processing of the VPDES application shall be suspended while the applicant makes a good faith effort to obtain approval from the appropriate regulatory authorities for the alternative. Processing of the application shall be resumed only if the alternative form of wastewater management is disapproved by the appropriate regulatory authorities.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia; 33 USC § 1251 et seq.; 40 CFR Part 131.
Historical Notes
Derived from Virginia Register Volume 25, Issue 23, eff. August 20, 2009.
9VAC25-260-280. Analytical procedures.
Analytical testing should be done in accordance with accepted procedures in 40 CFR 136, as amended or other board/EPA recognized and approved methods.
Statutory Authority
§§ 62.1-44.15(3) and (10) of the Code of Virginia.
Historical Notes
Derived from VR680-21-06.4, eff. May 20, 1992.
9VAC25-260-290. (Repealed.)
Historical Notes
Derived from VR680-21-06.5, eff. May 20, 1992; repealed, Volume 26, Issue 12, eff. February 1, 2010.
9VAC25-260-300. Classification of tributary streams.
Any tributary stream which is not named in a specific section description in Part IX (River Basin Section Tables), shall carry the same classification and standards of quality assigned to the stream or section to which it is tributary, except in the case of trout streams. Streams classified as trout waters are specifically named.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia.
Historical Notes
Derived from VR680-21-06.6, eff. May 20, 1992; amended, Virginia Register Volume 20, Issue 9, eff. February 12, 2004.