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Administrative Code

Virginia Administrative Code
11/21/2024

Part VIII. Nutrient Enriched Waters

9VAC25-260-330. Purpose.

The board recognizes that nutrients are contributing to undesirable growths of aquatic plant life in surface waters of the Commonwealth. This standard establishes a designation of "nutrient enriched waters". Designations of surface waters of the Commonwealth as "nutrient enriched waters" are determined by the board based upon an evaluation of the historical water quality data for one or more of the following indicators of nutrient enrichment: chlorophyll "a" concentrations, dissolved oxygen fluctuations, and concentrations of total phosphorus.

Statutory Authority

§§ 62.1-44.15(3) and (10) of the Code of Virginia.

Historical Notes

Derived from VR680-21-07.3-1, eff. May 20, 1992.

9VAC25-260-340. (Repealed.)

Historical Notes

Derived from VR680-21-07.3-2, eff. May 20, 1992; repealed, Virginia Register Volume 20, Issue 9, eff. February 12, 2004.

9VAC25-260-350. Designation of nutrient enriched waters.

A. The following state waters are hereby designated as "nutrient enriched waters":

1. Smith Mountain Lake and all tributaries* of the impoundment upstream to their headwaters;

2. (Repealed.)

3. (Repealed.)

4. New River and its tributaries, except Peak Creek above Interstate 81, from Claytor Dam upstream to Big Reed Island Creek (Claytor Lake).

5. Peak Creek from its headwaters to its mouth (confluence with Claytor Lake), including all tributaries to their headwaters;

6. through 20. (Repealed.)

21. Tidal freshwater Blackwater River from the Norfolk and Western railway bridge at Burdette, Virginia, and tidal freshwater Nottoway River from the Norfolk and Western railway bridge at Courtland, Virginia, to the state line, including all tributaries to their headwaters that enter the tidal freshwater portions of the Blackwater River and the Nottoway River; and

22. (Repealed.)

B. Whenever any water body is designated as "nutrient enriched waters," the board shall modify the VPDES permits of point source dischargers into the "nutrient enriched waters" as provided in the board's Policy for Nutrient Enriched Waters (9VAC25-40).

*When the word "tributaries" is used in this standard, it does not refer to the mainstem of the water body that has been named.

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 VR680-21-07.3-3, eff. May 20, 1992; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997; Errata, 14:12 VA.R. 1937 March 2, 1998; amended, Virginia Register Volume 16, Issue 17, eff. June 7, 2000; Volume 21, Issue 23, eff. June 24, 2005; Volume 26, Issue 12, eff. February 1, 2010.

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