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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.

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