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2001 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 62.1-44.15:1.2 of the Code of Virginia is amended and reenacted as follows:
§ 62.1-44.15:1.2. Lake level contingency plans.
Any Virginia Pollution Pollutant Discharge Elimination System permit issued for
a surface water impoundment whose primary purpose is to provide cooling water to power generators
shall include a lake level contingency plan to allow specific reductions in the flow required to be
released when the water level above the dam drops below designated levels due
to drought conditions, and such plans. The plan shall take into account and
minimize any adverse effects of any release reduction requirements on
beneficial uses, as defined in § 62.1-10, within the impoundment, and on
downstream users. The reduction in release amounts required by a lake
level contingency plan shall not be implemented to the extent they result in an
adverse impact to (i) the ability to meet water quality standards based upon
permitted discharge amounts, (ii) the ability to provide adequate water
supplies for consumptive purposes such as drinking water and fire protection,
and (iii) fish and wildlife resources. In the event there is an imminent threat
of such an adverse impact, the permit holder and the Department of
Environmental Quality shall be notified. Upon such notification, the permit
holder may increase release amounts as specified in the permit for up to
forty-eight hours or until such time as the Department of Environmental Quality
determines whether or not the increase in release amounts is necessary. This
section shall not apply to any such facility that addresses releases and flow
requirements during drought conditions in a Virginia Water Protection Permit.