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9VAC25-260-90. 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The temperature limits set forth in 9VAC25-260-50 through 9VAC25-260-80 may be superseded in certain locations where a thermal variance demonstration is performed in accordance with 316(a) of the Clean Water Act.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.

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 VR680-21-01.9, eff. May 20, 1992; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997; Volume 26, Issue 12, eff. February 1, 2010.

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