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The temperature limits set forth in 9VAC25-260-50 through 9VAC25-260-80 may be superseded in certain locations where a thermal variance demonstration is performed in accordance with § 316(a) of the Clean Water Act.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

Historical Notes

Derived from VR680-21-01.9, eff. May 20, 1992; amended, Volume 14, Issue 04, eff. December 10, 1997; Volume 26, Issue 12, eff. February 1, 2010.

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.