TITLE 2. AGRICULTURE
BOARD OF AGRICULTURE AND CONSUMER SERVICES
Final Regulation
Titles of Regulations: 2VAC5-110. Rules and
Regulations Pertaining to a Pound or Enclosure to Be Maintained by Each County
or City (repealing 2VAC5-110-10 through 2VAC5-110-110).
2VAC5-111. Public and Private Animal Shelters (adding 2VAC5-111-10 through 2VAC5-111-40).
Statutory Authority: § 3.2-6501 of the Code of
Virginia.
Effective Date: August 24, 2016.
Agency Contact: Dr. Carolynn Bissett, Program Manager,
Office of Animal Care and Emergency Response, Department of Agriculture and
Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-2483,
FAX (804) 371-2380, TTY (800) 828-1120, or email
carolynn.bissett@vdacs.virginia.gov.
Summary:
This action repeals the existing regulation that governs
public animal shelters and replaces it with a regulation that governs both
public and private animal shelters. The substantive changes in the replacement
regulation (i) require animal shelters to provide each animal with an appropriate
resting platform, bedding, or perch; (ii) require each shelter to have
protocols that have been approved by a veterinarian for the medical treatment
of animals, the control of infectious disease, and the management and care of
neonatal and medically compromised animals; and (iii) require private animal
shelters to have special housing for strays that are subject to a holding
period.
Summary of Public Comments and Agency's Response: A
summary of comments made by the public and the agency's response may be
obtained from the promulgating agency or viewed at the office of the Registrar
of Regulations.
CHAPTER 111
PUBLIC AND PRIVATE ANIMAL SHELTERS
2VAC5-111-10. Definitions.
The following words and terms when used in this chapter
shall have the following meanings unless the context clearly indicates
otherwise:
"Animal" means any nonaquatic companion animal
that is in the custody of a public or private animal shelter and that is
confined in or on the premises of the animal shelter.
"Enclosure" means a structure used to house or
restrict animals from running at large such as a room, pen, cage, run,
compartment, hutch, terrarium, or otherwise confined habitat.
"Facility" means a public animal shelter or
private animal shelter as defined in § 3.2-6500 of the Code of Virginia.
2VAC5-111-20. General provisions.
A. Each facility shall be kept in a clean, dry, and
sanitary condition and shall provide enclosures that can safely house and allow
for adequate separation of animals of different species, sexes, ages, and
temperaments. Animals shall be maintained in a manner that protects them
against theft, injury, escape, and exposure to harmful substances.
B. Each facility shall ensure that all enclosures provide
adequate shelter that is properly ventilated and that can be maintained at a
comfortable temperature for the animals confined therein. An enclosure shall
not be cleaned when occupied by an animal unless the animal can be further
confined in a portion of the enclosure that precludes exposure to any cleaning agent
including water and shall be thoroughly dry before the enclosure is returned to
use. A disinfectant or germicidal agent shall be used when cleaning an
enclosure.
C. Each facility shall reasonably endeavor to ensure that
drinking water is available to each animal at all times unless otherwise
ordered by a licensed veterinarian. Drinking water receptacles or bowls
shall be secured to the enclosure in a fixed position or otherwise be of a
design that cannot be tipped over by an animal and shall be maintained in
sanitary condition.
D. Each facility shall ensure that animals are adequately
and appropriately fed according to their species and age and that feed is
stored in a manner that prevents spoilage, infestation, and contamination. All
feed delivery utensils and receptacles shall be properly cleaned between uses.
E. Each facility shall ensure that each animal is provided
access to a resting platform, bedding, or perch as appropriate to its species,
age, and condition. All enclosures shall have solid floors.
2VAC5-111-30. Provision of veterinary treatment.
A. Each facility shall engage a licensed veterinarian to
develop or ratify a protocol for determining if an ill, injured, or otherwise
compromised animal requires treatment by a licensed veterinarian. Each facility
shall adhere to this protocol and provide veterinary treatment when needed.
B. Each facility shall engage a licensed veterinarian to
develop or ratify a protocol for the control of infectious and contagious
disease and shall adhere to such protocol. Each facility shall provide a marked
isolation room for the confinement of animals suffering from a contagious or
infectious disease.
C. Each facility shall engage a licensed veterinarian to
develop or ratify a protocol for the management of neonatal and medically
compromised animals and shall adhere to such protocol. Enclosures shall be
maintained that can properly and safely house such animals.
2VAC5-111-40. Housing of animals subject to a holding
period.
A. An enclosure or portion thereof used to house an animal
subject to a holding period shall be entirely constructed of materials that are
durable, nonporous, impervious to moisture, and able to be thoroughly cleaned
and disinfected.
B. An enclosure or portion thereof used to house an animal
subject to a holding period that is part of the structural integrity of the
building shall have a surface material that is durable, nonporous, impervious
to moisture, and able to be thoroughly cleaned and disinfected.
C. All structures contained within an enclosure or portion
thereof shall be constructed of materials that are durable, nonporous,
impervious to moisture, and able to be thoroughly cleaned and disinfected
unless discarded or laundered daily.
D. An enclosure and all structures therein used to house
an animal subject to a holding period shall be thoroughly cleaned and
disinfected before use by a different animal.
NOTICE: The following
forms used in administering the regulation were filed by the agency. The forms
are not being published; however, online users of this issue of the Virginia
Register of Regulations may click on the name of a form with a hyperlink to
access it. The forms are also available from the agency contact or may be
viewed at the Office of the Registrar of Regulations, General Assembly
Building, 2nd Floor, Richmond, Virginia 23219.
FORMS (2VAC5-111)
Animal
Facility Inspection Report, VDACS AC-10 (rev. 7/2015)
[ Animal Facility Inspection Form - Shelter, VDACS
AC-10-A (rev. 11/2014)
Animal
Facility Inspection Form - Shelter, VDACS AC-10-A (eff. 3/2016) ]
Animal
Facility Inspection Form – Animal Care, VDACS AC-10-B (rev. 7/2015)
Animal
Facility Inspection Form – Operations, VDACS AC-10-C (rev. 7/2015)
VA.R. Doc. No. R14-4009; Filed June 28, 2016, 10:27 a.m.
TITLE 2. AGRICULTURE
BOARD OF AGRICULTURE AND CONSUMER SERVICES
Final Regulation
Titles of Regulations: 2VAC5-110. Rules and
Regulations Pertaining to a Pound or Enclosure to Be Maintained by Each County
or City (repealing 2VAC5-110-10 through 2VAC5-110-110).
2VAC5-111. Public and Private Animal Shelters (adding 2VAC5-111-10 through 2VAC5-111-40).
Statutory Authority: § 3.2-6501 of the Code of
Virginia.
Effective Date: August 24, 2016.
Agency Contact: Dr. Carolynn Bissett, Program Manager,
Office of Animal Care and Emergency Response, Department of Agriculture and
Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-2483,
FAX (804) 371-2380, TTY (800) 828-1120, or email
carolynn.bissett@vdacs.virginia.gov.
Summary:
This action repeals the existing regulation that governs
public animal shelters and replaces it with a regulation that governs both
public and private animal shelters. The substantive changes in the replacement
regulation (i) require animal shelters to provide each animal with an appropriate
resting platform, bedding, or perch; (ii) require each shelter to have
protocols that have been approved by a veterinarian for the medical treatment
of animals, the control of infectious disease, and the management and care of
neonatal and medically compromised animals; and (iii) require private animal
shelters to have special housing for strays that are subject to a holding
period.
Summary of Public Comments and Agency's Response: A
summary of comments made by the public and the agency's response may be
obtained from the promulgating agency or viewed at the office of the Registrar
of Regulations.
CHAPTER 111
PUBLIC AND PRIVATE ANIMAL SHELTERS
2VAC5-111-10. Definitions.
The following words and terms when used in this chapter
shall have the following meanings unless the context clearly indicates
otherwise:
"Animal" means any nonaquatic companion animal
that is in the custody of a public or private animal shelter and that is
confined in or on the premises of the animal shelter.
"Enclosure" means a structure used to house or
restrict animals from running at large such as a room, pen, cage, run,
compartment, hutch, terrarium, or otherwise confined habitat.
"Facility" means a public animal shelter or
private animal shelter as defined in § 3.2-6500 of the Code of Virginia.
2VAC5-111-20. General provisions.
A. Each facility shall be kept in a clean, dry, and
sanitary condition and shall provide enclosures that can safely house and allow
for adequate separation of animals of different species, sexes, ages, and
temperaments. Animals shall be maintained in a manner that protects them
against theft, injury, escape, and exposure to harmful substances.
B. Each facility shall ensure that all enclosures provide
adequate shelter that is properly ventilated and that can be maintained at a
comfortable temperature for the animals confined therein. An enclosure shall
not be cleaned when occupied by an animal unless the animal can be further
confined in a portion of the enclosure that precludes exposure to any cleaning agent
including water and shall be thoroughly dry before the enclosure is returned to
use. A disinfectant or germicidal agent shall be used when cleaning an
enclosure.
C. Each facility shall reasonably endeavor to ensure that
drinking water is available to each animal at all times unless otherwise
ordered by a licensed veterinarian. Drinking water receptacles or bowls
shall be secured to the enclosure in a fixed position or otherwise be of a
design that cannot be tipped over by an animal and shall be maintained in
sanitary condition.
D. Each facility shall ensure that animals are adequately
and appropriately fed according to their species and age and that feed is
stored in a manner that prevents spoilage, infestation, and contamination. All
feed delivery utensils and receptacles shall be properly cleaned between uses.
E. Each facility shall ensure that each animal is provided
access to a resting platform, bedding, or perch as appropriate to its species,
age, and condition. All enclosures shall have solid floors.
2VAC5-111-30. Provision of veterinary treatment.
A. Each facility shall engage a licensed veterinarian to
develop or ratify a protocol for determining if an ill, injured, or otherwise
compromised animal requires treatment by a licensed veterinarian. Each facility
shall adhere to this protocol and provide veterinary treatment when needed.
B. Each facility shall engage a licensed veterinarian to
develop or ratify a protocol for the control of infectious and contagious
disease and shall adhere to such protocol. Each facility shall provide a marked
isolation room for the confinement of animals suffering from a contagious or
infectious disease.
C. Each facility shall engage a licensed veterinarian to
develop or ratify a protocol for the management of neonatal and medically
compromised animals and shall adhere to such protocol. Enclosures shall be
maintained that can properly and safely house such animals.
2VAC5-111-40. Housing of animals subject to a holding
period.
A. An enclosure or portion thereof used to house an animal
subject to a holding period shall be entirely constructed of materials that are
durable, nonporous, impervious to moisture, and able to be thoroughly cleaned
and disinfected.
B. An enclosure or portion thereof used to house an animal
subject to a holding period that is part of the structural integrity of the
building shall have a surface material that is durable, nonporous, impervious
to moisture, and able to be thoroughly cleaned and disinfected.
C. All structures contained within an enclosure or portion
thereof shall be constructed of materials that are durable, nonporous,
impervious to moisture, and able to be thoroughly cleaned and disinfected
unless discarded or laundered daily.
D. An enclosure and all structures therein used to house
an animal subject to a holding period shall be thoroughly cleaned and
disinfected before use by a different animal.
NOTICE: The following
forms used in administering the regulation were filed by the agency. The forms
are not being published; however, online users of this issue of the Virginia
Register of Regulations may click on the name of a form with a hyperlink to
access it. The forms are also available from the agency contact or may be
viewed at the Office of the Registrar of Regulations, General Assembly
Building, 2nd Floor, Richmond, Virginia 23219.
FORMS (2VAC5-111)
Animal
Facility Inspection Report, VDACS AC-10 (rev. 7/2015)
[ Animal Facility Inspection Form - Shelter, VDACS
AC-10-A (rev. 11/2014)
Animal
Facility Inspection Form - Shelter, VDACS AC-10-A (eff. 3/2016) ]
Animal
Facility Inspection Form – Animal Care, VDACS AC-10-B (rev. 7/2015)
Animal
Facility Inspection Form – Operations, VDACS AC-10-C (rev. 7/2015)
VA.R. Doc. No. R14-4009; Filed June 28, 2016, 10:27 a.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF GAME AND INLAND FISHERIES
Proposed Regulation
REGISTRAR'S NOTICE: The
Board of Game and Inland Fisheries is claiming an exemption from the
Administrative Process Act pursuant to § 2.2-4002 A 3 of the Code of Virginia
when promulgating regulations regarding the management of wildlife.
Title of Regulation: 4VAC15-20. Definitions and
Miscellaneous: In General (amending 4VAC15-20-130).
Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502
of the Code of Virginia.
Public Hearing Information:
August 18, 2016 - 9 a.m. - Department of Game and Inland
Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228
Public Comment Deadline: August 6, 2016.
Agency Contact: Phil Smith, Regulatory Coordinator,
Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400,
Henrico, VA 23228, telephone (804) 367-8341, or email
phil.smith@dgif.virginia.gov.
Summary:
The proposed amendments (i) update the date reference to
the federal list of endangered and threatened wildlife species and (ii) remove
the Big Sandy crayfish from the Virginia List of Endangered and Threatened
Species to reflect its status in Virginia more accurately.
4VAC15-20-130. Endangered and threatened species; adoption of
federal list; additional species enumerated.
A. The board hereby adopts the Federal Endangered and
Threatened Species List, Endangered Species Act of December 28, 1973 (16 USC
§§ 1531-1543), as amended as of December 23, 2015 June 7,
2016, and declares all species listed thereon to be endangered or
threatened species in the Commonwealth. Pursuant to subdivision 12 of §
29.1-103 of the Code of Virginia, the director of the department is hereby
delegated authority to propose adoption of modifications and amendments to the
Federal Endangered and Threatened Species List in accordance with the
procedures of §§ 29.1-501 and 29.1-502 of the Code of Virginia.
B. In addition to the provisions of subsection A of this
section, the following species are declared endangered or threatened in this
Commonwealth, and are afforded the protection provided by Article 6
(§ 29.1-563 et seq.) of Chapter 5 of Title 29.1 of the Code of Virginia:
1. Fish:
|
Endangered
|
|
Dace, Tennessee
|
Phoxinus tennesseensis
|
|
Darter, sharphead
|
Etheostoma acuticeps
|
|
Darter, variegate
|
Etheostoma variatum
|
|
Sunfish, blackbanded
|
Enneacanthus chaetodon
|
Threatened:
|
|
Darter, Carolina
|
Etheostoma collis
|
|
Darter, golden
|
Etheostoma denoncourti
|
|
Darter, greenfin
|
Etheostoma chlorobranchium
|
|
Darter, sickle
|
Percina willliamsi
|
|
Darter, western sand
|
Ammocrypta clara
|
|
Madtom, orangefin
|
Noturus gilberti
|
|
Paddlefish
|
Polyodon spathula
|
|
Shiner, emerald
|
Notropis atherinoides
|
|
Shiner, steelcolor
|
Cyprinella whipplei
|
|
Shiner, whitemouth
|
Notropis alborus
|
2. Amphibians:
|
Endangered:
|
|
Salamander, eastern tiger
|
Ambystoma tigrinum
|
Threatened:
|
|
Salamander, Mabee's
|
Ambystoma mabeei
|
|
Treefrog, barking
|
Hyla gratiosa
|
3. Reptiles:
|
Endangered:
|
|
Rattlesnake, canebrake (Coastal Plain population of timber
rattlesnake)
|
Crotalus horridus
|
|
Turtle, bog
|
Glyptemys muhlenbergii
|
|
Turtle, eastern chicken
|
Deirochelys reticularia reticularia
|
Threatened:
|
|
Lizard, eastern glass
|
Ophisaurus ventralis
|
|
Turtle, wood
|
Glyptemys insculpta
|
4. Birds:
|
Endangered:
|
|
Plover, Wilson's
|
Charadrius wilsonia
|
|
Rail, black
|
Laterallus jamaicensis
|
|
Wren, Bewick's
|
Thryomanes bewickii bewickii
|
Threatened:
|
|
Falcon, peregrine
|
Falco peregrinus
|
|
Shrike, loggerhead
|
Lanius ludovicianus
|
|
Sparrow, Bachman's
|
Aimophila aestivalis
|
|
Sparrow, Henslow's
|
Ammodramus henslowii
|
|
Tern, gull-billed
|
Sterna nilotica
|
5. Mammals:
|
Endangered:
|
|
Bat, Rafinesque's eastern big-eared
|
Corynorhinus rafinesquii macrotis
|
|
Bat, little brown
|
Myotis lucifugus
|
|
Bat, tri-colored
|
Perimyotis subflavus
|
|
Hare, snowshoe
|
Lepus americanus
|
|
Shrew, American water
|
Sorex palustris
|
|
Vole, rock
|
Microtus chrotorrhinus
|
6. Mollusks:
|
Endangered:
|
|
Coil, rubble
|
Helicodiscus lirellus
|
|
Coil, shaggy
|
Helicodiscus diadema
|
|
Deertoe
|
Truncilla truncata
|
|
Elephantear
|
Elliptio crassidens
|
|
Elimia, spider
|
Elimia arachnoidea
|
|
Floater, brook
|
Alasmidonta varicosa
|
|
Ghostsnail, thankless
|
Holsingeria unthanksensis
|
|
Heelsplitter, Tennessee
|
Lasmigona holstonia
|
|
Lilliput, purple
|
Toxolasma lividus
|
|
Mussel, slippershell
|
Alasmidonta viridis
|
|
Pigtoe, Ohio
|
Pleurobema cordatum
|
|
Pigtoe, pyramid
|
Pleurobema rubrum
|
|
Springsnail, Appalachian
|
Fontigens bottimeri
|
|
Springsnail (no common name)
|
Fontigens morrisoni
|
|
Supercoil, spirit
|
Paravitrea hera
|
Threatened:
|
|
Floater, green
|
Lasmigona subviridis
|
|
Papershell, fragile
|
Leptodea fragilis
|
|
Pigtoe, Atlantic
|
Fusconaiamasoni
|
|
Pimpleback
|
Quadrula pustulosa pustulosa
|
|
Pistolgrip
|
Tritogonia verrucosa
|
|
Riversnail, spiny
|
Iofluvialis
|
|
Sandshell, black
|
Ligumia recta
|
|
Supercoil, brown
|
Paravitrea septadens
|
7. Arthropods:
|
Threatened:
|
|
Amphipod, Madison Cave
|
Stygobromus stegerorum
|
|
Pseudotremia, Ellett Valley
|
Pseudotremia cavernarum
|
|
Xystodesmid, Laurel Creek
|
Sigmoria whiteheadi
|
8. Crustaceans:
|
Endangered:
|
|
Crayfish, Big Sandy
|
Cambarus veteranus
|
|
|
|
|
|
C. It shall be unlawful to take, transport, process, sell, or
offer for sale within the Commonwealth any threatened or endangered species of
fish or wildlife except as authorized by law.
VA.R. Doc. No. R16-4802; Filed July 6, 2016, 7:41 a.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF GAME AND INLAND FISHERIES
Proposed Regulation
REGISTRAR'S NOTICE: The
Board of Game and Inland Fisheries is claiming an exemption from the Administrative
Process Act pursuant to § 2.2-4002 A 3 of the Code of Virginia when
promulgating regulations regarding the management of wildlife.
Title of Regulation: 4VAC15-30. Definitions and
Miscellaneous: Importation, Possession, Sale, Etc., of Animals (amending 4VAC15-30-40).
Statutory Authority: § 29.1-501 of the Code of Virginia.
Public Hearing Information:
August 18, 2016 - 9 a.m. - Department of Game and Inland
Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228
Public Comment Deadline: August 6, 2016.
Agency Contact: Phil Smith, Regulatory Coordinator,
Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400,
Henrico, VA 23228, telephone (804) 367-8341, or email
phil.smith@dgif.virginia.gov.
Summary:
The proposed amendments allow anglers to legally harvest
grass carp from public waters of the Commonwealth, except from department-owned
or department-controlled lakes, provided that anglers ensure that harvested
grass carp are dead.
4VAC15-30-40. Importation requirements, possession and sale of
nonnative (exotic) animals.
EDITOR'S NOTE:
Subsections A through G of 4VAC15-30 are not amended; therefore, the text of
those subsections is not set out.
H. Exception for grass carp. Anglers may legally harvest
grass carp of the family Cyprinidae from public waters of the Commonwealth,
except from department-owned or department-controlled lakes, provided that
anglers ensure that harvested grass carp are dead.
I. All other nonnative (exotic) animals. All other
nonnative (exotic) animals not listed in subsection A of this section may be
possessed, purchased, and sold; provided, that such animals shall be subject to
all applicable local, state, and federal laws and regulations, including those
that apply to threatened/endangered species, and further provided, that such
animals shall not be liberated within the Commonwealth.
VA.R. Doc. No. R16-4796; Filed July 6, 2016, 1:04 a.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF GAME AND INLAND FISHERIES
Proposed Regulation
REGISTRAR'S NOTICE: The
Board of Game and Inland Fisheries is claiming an exemption from the
Administrative Process Act pursuant to § 2.2-4002 A 3 of the Code of Virginia
when promulgating regulations regarding the management of wildlife.
Title of Regulation: 4VAC15-260. Game: Waterfowl and
Waterfowl Blinds (adding 4VAC15-260-75).
Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502
of the Code of Virginia.
Public Hearing Information:
August 18, 2016 - 9 a.m. - Department of Game and Inland
Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228
Public Comment Deadline: August 6, 2016.
Agency Contact: Phil Smith, Regulatory Coordinator,
Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400,
Henrico, VA 23228, telephone (804) 367-8341, or email
phil.smith@dgif.virginia.gov.
Summary:
The proposed amendments (i) prohibit the licensing of
nonriparian stationary waterfowl blinds adjacent to the Ware Creek Wildlife
Management Area in New Kent County and (ii) enable the department to designate
the locations where and the times when waterfowl hunting will be allowed within
500 yards of the wildlife management area.
4VAC15-260-75. Blinds adjacent to the Ware Creek Wildlife
Management Area.
Except for blinds built or maintained by the department,
no stationary waterfowl blinds shall be licensed on the public waters of
Philbates and Ware Creeks, or on the York River within 1000 yards of the Ware
Creek Wildlife Management Area, in New Kent County. Waterfowl hunting within
500 yards of the wildlife management area property will be permitted only at
locations and during times designated by the department. However, this section
shall not abridge the privileges prescribed for landowners and their lessees
and permittees in §§ 29.1-344 and 29.1-347 of the Code of Virginia.
VA.R. Doc. No. R16-4803; Filed July 6, 2016, 7:54 a.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF GAME AND INLAND FISHERIES
Proposed Regulation
REGISTRAR'S NOTICE: The Board of Game and Inland Fisheries is claiming an exemption from the Administrative Process Act pursuant to § 2.2-4002 A 3 of the Code of Virginia when promulgating regulations regarding the management of wildlife.
Title of Regulation:4VAC15-320. Fish: Fishing Generally (amending 4VAC15-320-25, 4VAC15-320-120).
Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.
Public Hearing Information:
August 18, 2016 - 9 a.m. - Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228
Public Comment Deadline: August 6, 2016.
Agency Contact: Phil Smith, Regulatory Coordinator, Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 367-8341, or email phil.smith@dgif.virginia.gov.
Summary:
The proposed amendments (i) correctly identify the railroad bridge over Big Walker Creek associated with the New River smallmouth bass protected slot limit; (ii) create a seasonal 40-inch to 48-inch protected slot limit on muskellunge on the New River from Claytor Dam downstream to the Virginia/West Virginia state line; (iii) reduce the geographic coverage associated with the limitation on harvesting large animals in the daily creel limit for blue catfish to the James River below the fall line and its tidal tributaries, the York River and its tributaries including the Mattaponi River and Pamunkey River, and Kerr Reservoir; (iv) implement a five-fish per day creel limit on longnose gar and bowfin for anglers using hook and line or bowfishing tackle; (v) implement a statewide recreational minimum size limit and increase the daily creel limit for American eels, while providing an exception to the daily creel limit to those individuals holding permits for the harvest of eels for sale from Back Bay or North Landing River, or both, in the City of Virginia Beach; and (vi) remove the requirement of a special daily permit for fishing on a portion of Big Tumbling Creek on the Clinch Mountain Wildlife Management Area (Smyth County) where a seasonal catch and release area will be implemented.
4VAC15-320-25. Creel and length limits.
The creel limits (including live possession) and the length limits for the various species of fish shall be as follows, unless otherwise excepted by posted rules at department-owned or department-controlled waters (see 4VAC15-320-100 D).
Type of fish | Subtype or location | Creel and length limits | Geographic exceptions | Creel or length limits for exceptions |
largemouth bass, smallmouth bass, spotted bass | | 5 per day in the aggregate (combined); No statewide length limits | Lakes |
Briery Creek Lake | No bass 16 to 24 inches, only 1 per day longer than 24inches |
Buggs Island (Kerr) | Only 2 of 5 bass less than 14 inches |
Claytor Lake | No bass less than 12 inches |
Flannagan Reservoir | No bass less than 12 inches |
Lake Gaston | Only 2 of 5 bass less than 14 inches |
Leesville Reservoir | Only 2 of 5 bass less than 14 inches |
Lake Moomaw | No bass less than 12 inches |
Philpott Reservoir | No bass less than 12 inches |
Quantico Marine Base waters | No bass 12 to 15 inches |
Smith Mt. Lake and its tributaries below Niagara Dam | Only 2 of 5 bass less than 14 inches |
Rivers |
Clinch River – within the boundaries of Scott, Wise, Russell, or Tazewell counties | No bass less than 20 inches, only 1 bass per day longer than 20 inches |
Dan River and tributaries downstream from the Union Street Dam, Danville | Only 2 of 5 bass less than 14 inches |
James River – Confluence of the Jackson and Cowpasture rivers (Botetourt County) downstream to the 14th Street Bridge in Richmond | No bass 14 to 22 inches, only 1 per day longer than 22 inches |
New River – Fields Dam (Grayson County) downstream to the VA - WV state line and its tributaries Little River downstream from Little River Dam in Montgomery County, Big Walker Creek from the Norfolk and Western Southern Railroad Bridge downstream to the New River, and Wolf Creek from the Narrows dam downstream to the New River in Giles County (This does not include Claytor Lake, which is delineated as: The upper end of the island at Allisonia downstream to the dam) | No bass 14 to 22 inches, only 1 per day longer than 22 inches |
North Fork Holston River - Rt. 91 bridge upstream of Saltville, VA downstream to the VA - TN state line | No bass less than 20 inches, only 1 per day longer than 20 inches |
North Fork Shenandoah River – Rt. 42 bridge, Rockingham Co. downstream to the confluence with S. Fork Shenandoah at Front Royal | No bass 11 to 14 inches |
Potomac River - Virginia tidal tributaries above Rt. 301 bridge | No bass less than 15 inches from March 1 through June 15 |
Roanoke (Staunton) River - and its tributaries below Difficult Creek, Charlotte Co. | Only 2 of 5 bass less than 14 inches |
Shenandoah River – | |
Confluence of South Fork and North Fork rivers, Front Royal, downstream, to the Warren Dam, near Front Royal | No bass 11 to 14 inches |
Base of Warren Dam, near Front Royal downstream to Rt. 17/50 bridge | No bass 14 to 20 inches, only 1 per day longer than 20 inches |
Rt. 17/50 bridge downstream to VA - WV state line | No bass 11 to 14 inches |
South Fork Shenandoah River - | |
Confluence of North and South rivers, below Port Republic, downstream to Shenandoah Dam, near Town of Shenandoah | No bass 11 to 14 inches |
Base of Shenandoah Dam, near Town of Shenandoah, downstream to Luray Dam, near Luray | No bass 14 to 20 inches, only 1 per day longer than 20 inches |
Base of Luray Dam, near Luray, downstream to the confluence with North Fork of Shenandoah, Front Royal | No bass 11 to 14 inches |
Staunton River - | |
Leesville Dam (Campbell County) downstream to the mouth of Difficult Creek, Charlotte County | No smallmouth bass less than 20 inches, only 1 per day longer than 20 inches |
striped bass | landlocked striped bass and landlocked striped bass x white bass hybrids | 4 per day in the aggregate; No fish less than 20 inches | Buggs Island (Kerr) reservoir including the Staunton River to Leesville Dam and the Dan River to Union Street Dam (Danville) | October 1 - May 31: 2 per day in the aggregate; No striped bass or hybrid striped bass less than 24 inches; June 1 - September 30: 4 per day in the aggregate; No length limit |
Smith Mountain Lake and its tributaries, including the Roanoke River upstream to Niagara Dam | 2 per day in the aggregate; November 1 - May 31: No striped bass 30 to 40 inches; June 1 - October 31: No length limit |
Lake Gaston | 4 per day in the aggregate October 1 - May 31: No striped bass or hybrid striped bass less than 20 inches June 1 - September 30: No length limit |
anadromous (coastal) striped bass above the fall line in all coastal rivers of the Chesapeake Bay | Creel and length limits shall be set by the Virginia Marine Resources Commission for recreational fishing in tidal waters | | |
anadromous (coastal) in the Meherrin, Nottoway, Blackwater (Chowan Drainage), North Landing and Northwest Rivers and their tributaries plus Back Bay | 2 per day; No striped bass less than 18 inches | | |
white bass | | 5 per day; No statewide length limits | | |
walleye | | 5 per day in the aggregate; No walleye or saugeye less than 18 inches | New River upstream of Buck Dam in Carroll County | No walleye less than 20 inches |
| |
Claytor Lake and the New River upstream of Claytor Lake Dam to Buck Dam in Carroll County | February 1 - May 31: 2 walleye per day; no walleye 19 to 28 inches; June 1 - January 31: 5 walleye per day; no walleye less than 20 inches |
sauger | | 2 per day; No statewide length limits | | |
yellow perch | | No statewide daily limit; No statewide length limits | Lake Moomaw | 10 per day |
chain pickerel | | 5 per day; No statewide length limits | Gaston and Buggs Island (Kerr) reservoirs | No daily limit |
northern pike | | 2 per day; No pike less than 20 inches | | |
muskellunge | | 2 per day; No muskellunge less than 30 inches | New River - Fields Dam (Grayson County) downstream to the VA - WV state line Claytor Dam, including Claytor Lake New River - Claytor Dam downstream to the VA - WV state line | 1 per day No muskellunge less than 42 inches 1 per day June 1 - last day of February: No muskellunge less than 42 inches; March 1 - May 31: No muskellunge less than 48 inches |
bluegill (bream) and other sunfish excluding crappie, rock bass (redeye) and Roanoke bass | | 50 per day in the aggregate; No statewide length limits | Gaston and Buggs Island (Kerr) reservoirs and that portion of the New River from the VA - NC state line downstream to the confluence of the New and Little Rivers in Grayson County | No daily limit |
crappie (black or white) | | 25 per day in the aggregate; No statewide length limits | Gaston and Buggs Island (Kerr) reservoirs and that portion of the New River from the VA - NC state line downstream to the confluence of the New and Little Rivers in Grayson County | No daily limit |
Flannagan and South Holston reservoirs | No crappie less than 10 inches |
rock bass (redeye) | | 25 per day; No statewide length limits | Gaston and Buggs Island (Kerr) reservoirs and that portion of the New River from the VA - NC state line downstream to the confluence of the New and Little Rivers in Grayson County. | No daily limit |
Nottoway and Meherrin rivers and their tributaries | 5 per day in the aggregate with Roanoke bass; No rock bass less than 8 inches |
Roanoke bass | | No statewide daily limit; No statewide length limits | Nottoway and Meherrin rivers and their tributaries | 5 per day in the aggregate with rock bass; No Roanoke bass less than 8 inches |
trout | See 4VAC15-330. Fish: Trout Fishing. |
catfish | channel, white, and flathead catfish | 20 per day; No length limits | All rivers below the fall line | No daily limit |
blue catfish | 20 per day, only 1 blue catfish per day longer than 32 inches; No statewide length limits | Kerr Reservoir | 20 per day, except only 1 blue catfish per day longer than 32 inches |
James River and its tributaries below the fall line and York River and its tributaries (including the Pamunkey River and Mattaponi River) below the fall line | No daily limit, except only 1 blue catfish per day longer than 32 inches |
All rivers below the fall line other than the James River and its tributaries and the York River and its tributaries | No daily limit, except only 1 blue catfish per day longer than 32 inches |
yellow, brown, and black bullheads | No daily limit; No length limits | | |
American shad and hickory shad | James River above the fall line (14th Street Bridge), the Meherrin River above Emporia Dam, the Chickahominy River above Walkers Dam, the Appomattox River above Harvell Dam, the Pamunkey River and the Mattaponi River above the Rt. 360 bridge, and the Rappahannock River above the Rt. 1 bridge, and Virginia waters of Lake Gaston and Buggs Island (Kerr) Reservoir and tributaries to include the Dan and Staunton rivers | No possession (catch and release only) | | |
Above and below the fall line in all coastal rivers of the Chesapeake Bay | Creel and length limits shall be the same as those set by the Virginia Marine Resources Commission for these species in tidal rivers | | |
Meherrin River below Emporia Dam Nottoway River, Blackwater River (Chowan Drainage), North Landing and Northwest rivers, and their tributaries plus Back Bay | 10 per day in the aggregate No length limits | | |
anadromous (coastal) alewife and blueback herring | Above and below the fall line in all coastal rivers of the Chesapeake Bay | Creel and length limits shall be the same as those set by the Virginia Marine Resources Commission for these species in tidal rivers | | |
Meherrin River, Nottoway River, Blackwater River (Chowan Drainage), North Landing and Northwest rivers, and their tributaries plus Back Bay | No possession | | |
red drum | Back Bay and tributaries including Lake Tecumseh and the North Landing River and its tributaries | 1 per day; No drum less than 18 inches or greater than 27 inches | | |
spotted sea trout (speckled trout) | Back Bay and tributaries including Lake Tecumseh and the North Landing River and its tributaries | 4 per day; No sea trout less than 14 inches | | |
grey trout (weakfish) | Back Bay and tributaries including Lake Tecumseh and North Landing River and its tributaries | 1 per day; No grey trout less than 12 inches | | |
southern flounder | Back Bay and tributaries including Lake Tecumseh and the North Landing River and its tributaries | 6 per day; No flounder less than 15 inches | | |
northern snakehead | | Anglers may possess snakeheads taken from Virginia waters if they immediately kill the fish and notify the headquarters or a regional office of the department; notification may be made by telephoning (804) 367-2925 No statewide daily limit No statewide length limits | | |
longnose gar | | 5 per day; No statewide length limits | | |
bowfin | | 5 per day; No statewide length limits | | |
American eel | | 25 per day; No eel less than 9 inches | Back Bay and North Landing River | No possession limit for those individuals possessing a permit obtained under 4VAC15-340-80 |
other native or naturalized nongame fish | See 4VAC15-360-10. Fish: Aquatic Invertebrates, Amphibians, Reptiles, and Nongame Fish. Taking aquatic invertebrates, amphibians, reptiles and nongame fish for private use. |
endangered or threatened fish | See 4VAC15-20-130. Definitions and Miscellaneous: In General. Endangered and threatened species; adoption of federal list; additional species enumerated. |
nonnative (exotic) fish | See 4VAC15-30-40. Definitions and Miscellaneous: Importation, Possession, Sale, Etc., of Animals. Importation requirements, possession and sale of nonnative (exotic) animals. |
4VAC15-320-120. Special daily permit for fishing in Clinch Mountain Wildlife Management Area, Douthat State Park Lake and, Crooked Creek, and Wilson Creeks Creek.
A. It shall be unlawful to fish in the portion of Big Tumbling Creek within the Clinch Mountain Wildlife Management Area (except in Little Tumbling Creek and Laurel Bed Lake), in Douthat State Park Lake and in Wilson Creek both above the lake to the park boundary and downstream to the lower USFS boundary, and in the Crooked Creek fee fishing area in Carroll County without having first paid to the department for such privilege a daily use fee. Such daily use fee shall be in addition to all other license fees provided by law. Upon payment of the daily use fee the department shall issue a special permit that shall be signed and carried by the person fishing.
B. This fee will be required from the first Saturday in April through September 30 at for the portion of Big Tumbling Creek within the Clinch Mountain Wildlife Management Area (except Little Tumbling Creek and Laurel Bed Lake) and at Crooked Creek fee fishing area in Carroll County, and from the first Saturday in April through June 15 and from September 15 through October 31 at Douthat State Park Lake and Wilson Creek, except that the director may temporarily suspend fee requirements if conditions cause suspension of trout stocking. During the remainder of the year, these waters Douthat State Park Lake, Wilson Creek, and the Crooked Creek fee fishing area in Carroll County will revert to designated stocked trout waters and a trout license will be required except as provided in 4VAC15-20-190, and the portion of Big Tumbling Creek within the Clinch Mountain Wildlife Management Area will revert to a seasonal catch and release area subject to 4VAC15-330-150. No fishing is permitted in these waters for five days preceding the opening day.
C. Upon payment of the daily use fee the department shall issue a special permit that shall be signed and carried by the person fishing.
D. Fishing shall begin at 9 a.m. on opening day at all fee areas. After opening day, fishing times will be as posted at each fee area.
E. The department may recognize clearly marked "children only" fishing areas within any department fee fishing area. Within these "children only" areas, children 12 years old or younger may fish without the daily use fee if accompanied by a fully licensed adult who has purchased a valid daily permit. No person older than 12 years of age may fish in these children-only areas. Also, children 12 years of age and younger can fish without a permit in all three fee fishing areas if under the direct supervision of a permitted adult. However, the combined daily creel limit for both adult and child/children child or children in such a party shall not exceed six trout. During the fee fishing season these waters will be subject to 4VAC15-330-60, 4VAC15-330-80, and 4VAC15-330-90, as it relates to designated stocked trout waters.
VA.R. Doc. No. R16-4797; Filed July 6, 2016, 2:41 a.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF GAME AND INLAND FISHERIES
Proposed Regulation
REGISTRAR'S NOTICE: The
Board of Game and Inland Fisheries is claiming an exemption from the
Administrative Process Act pursuant to § 2.2-4002 A 3 of the Code of
Virginia when promulgating regulations regarding the management of wildlife.
Title of Regulation: 4VAC15-330. Fish: Trout Fishing (amending 4VAC15-330-120, 4VAC15-330-130,
4VAC15-330-150, 4VAC15-330-160; adding 4VAC15-330-210).
Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502
of the Code of Virginia.
Public Hearing Information:
August 18, 2016 - 9 a.m. - Department of Game and Inland
Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228
Public Comment Deadline: August 6, 2016.
Agency Contact: Phil Smith, Regulatory Coordinator, Department
of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA
23228, telephone (804) 367-8341, or email phil.smith@dgif.virginia.gov.
Summary:
The proposed amendments (i) remove requirements of 16-inch
minimum size limits and artificial lures only for fishing for trout in a
designated section of the South River and establish this area for fly fishing
only, with a 20-inch minimum size for trout; (ii) create a seasonal
catch-and-release section on Big Tumbling Creek (Smyth County) open annually to
fishing for trout with the use of artificial lures only from October 1 until
five days prior to the first Saturday in April; (iii) create a
catch-and-release fishery on a portion of South River in the City of
Waynesboro, open to fishing for trout with the use of artificial lures only;
(iv) establish delayed harvest trout waters on three streams in Lee, Scott, and
Wise Counties and remove a portion of South River in the City of Waynesboro
from the delayed harvest trout program; and (v) develop youth-only stocked
trout waters where only youth 15 years of age and younger can fish specific
waters from April 1 through June 15.
4VAC15-330-120. Special provisions applicable to certain
portions of Buffalo Creek, Dan River, Pound River, Roaring Run, South River,
and South Fork Holston River.
A. It shall be lawful year around to fish using only
artificial lures with single hooks in that portion of Buffalo Creek in
Rockbridge County from the confluence of Colliers Creek upstream 2.9 miles to
the confluence of North and South Buffalo Creeks, in that portion of South
River from the N. Oak Lane Bridge in Waynesboro upstream to a sign posted 1.5
miles above the State Route 632 (Shalom Road) Bridge, in that portion of
the Dan River in Patrick County from Talbott Dam approximately six miles
downstream to a sign posted just upstream from the confluence of Dan River and
Townes Reservoir, in that portion of the Pound River from a sign posted 0.4
miles below the Flannagan Dam, downstream 1.2 miles to a sign posted just upstream
of the confluence of the Pound River and the Russell Fork River, in that
portion of the South Fork Holston River in Smyth County from a sign posted at
the upper Jefferson National Forest boundary downstream approximately four
miles to a sign posted 500 feet upstream of the concrete dam at Buller Fish
Culture Station, and in that portion of Roaring Run in Botetourt County from a
sign posted at the third footbridge above the Roaring Run Furnace Day Use Area
upstream approximately one mile to a sign posted at the Botetourt/Alleghany
County line.
B. The daily creel limit in these waters shall be two trout a
day year around and the size limit shall be 16 inches or more in length. All
trout caught in these waters under 16 inches in length shall be immediately returned
to the water unharmed. It shall be unlawful for any person to have in his
possession any bait or any trout under 16 inches in length in these areas.
4VAC15-330-130. Special provision applicable to certain
portions of Mossy Creek and South River.
It shall be lawful year around to fish using only artificial
flies with single hooks in that portion of Mossy Creek in Augusta County
upstream from the Augusta/Rockingham County line to a sign posted at the
confluence of Joseph's Spring and in that portion of South River from the
North Oak Lane Bridge in Waynesboro upstream to a sign posted 1.5 miles above
the State Route 632 (Shalom Road) Bridge. The daily creel limit in these
waters shall be one trout a day year around and the size limit shall be 20
inches or more in length. All trout caught in these waters under 20 inches in
length shall be immediately returned to the water unharmed. It shall be
unlawful for any person to have in his possession any bait or any trout under
20 inches in length in this area.
4VAC15-330-150. Special provision applicable to Stewarts Creek
Trout Management Area; certain portions of the Dan, Rapidan, South Fork Holston
and Staunton rivers, the Brumley Creek, East Fork of Chestnut Creek, Little
Stony Creek, Little Tumbling Creek, Big Tumbling Creek, North Creek,
Roaring Fork, Spring Run, Stony Creek, Venrick Run, South River, and
their tributaries.
It shall be lawful year around to fish for trout using only
artificial lures with single hooks within:
1. The Stewarts Creek Trout Management Area in Carroll County.
2. The Rapidan and Staunton rivers and their tributaries
upstream from a sign at the Lower Shenandoah National Park boundary in Madison
County.
3. The Dan River and its tributaries between the Townes Dam
and the Pinnacles Hydroelectric Project powerhouse in Patrick County.
4. The East Fork of Chestnut Creek (Farmer's (Farmers
Creek) and its tributaries upstream from the Blue Ridge Parkway in Grayson and
Carroll Counties.
5. Roaring Fork and its tributaries upstream from the
southwest boundary of Beartown Wilderness Area in Tazewell County.
6. That section of the South Fork Holston River and its
tributaries from the concrete dam at Buller Fish Culture Station downstream to
the lower boundary of the Buller Fish Culture Station in Smyth County.
7. North Creek and its tributaries upstream from a sign at the
George Washington National Forest North Creek Campground in Botetourt County.
8. Spring Run from it confluence with Cowpasture River
upstream to a posted sign at the discharge for Coursey Springs Hatchery in Bath
County.
9. Venrick Run and its tributaries within the Big Survey
Wildlife Management Area and Town of Wytheville property in Wythe County.
10. Brumley Creek and its tributaries from the Hidden Valley
Wildlife Management Area boundary upstream to the Hidden Valley Lake Dam in
Washington County.
11. Stony Creek (Mountain Fork) and its tributaries within the
Jefferson National Forest in Wise and Scott Counties from the outlet of High
Knob Lake downstream to the confluence of Chimney Rock Fork and Stony Creek.
12. Little Stony Creek and its tributaries within the
Jefferson National Forest in Scott County from the Falls of Little Stony Creek
downstream to a posted sign at the Hanging Rock Recreation Area.
13. Little Tumbling Creek and its tributaries within the
Clinch Mountain Wildlife Management Area in Smyth and Tazewell Counties
downstream to the concrete bridge.
14. Big Tumbling Creek and its tributaries within the
Clinch Mountain Wildlife Management Area in Smyth County from a sign starting
at the foot of the mountain and extending upstream seasonally from October 1
until five days prior to the first Saturday in April.
15. South River in the City of Waynesboro from the Arch
Avenue Bridge downstream 2.2 miles to the Second Street Bridge.
All trout caught in these waters must be immediately returned
to the water. No trout or bait may be in possession at any time in these areas.
4VAC15-330-160. Special provisions applicable to certain
portions of Accotink Creek, Back Creek, Big Moccasin Creek, Chestnut
Creek, Hardware River, Holliday Creek, Holmes Run, Indian Creek, North
River, Passage Creek, Peak Creek, Pedlar River, North Fork of Pound and Pound
rivers, Middle Fork of Powell River, and Roanoke River, and South
River.
It shall be lawful to fish from October 1 through May 31,
both dates inclusive, using only artificial lures in Accotink Creek (Fairfax
County) from King Arthur Road downstream 3.1 miles to Route 620 (Braddock
Road), in Back Creek (Bath County) from the Route 600 bridge just below the
Virginia Power Back Creek Dam downstream 1.5 miles to the Route 600 bridge at
the lower boundary of the Virginia Power Recreational Area, in Big Moccasin
Creek (Scott County) from the Virginia Department of Transportation foot bridge
downstream approximately 1.9 miles to the Wadlow Gap Bridge, in Chestnut
Creek (Carroll County) from the U.S. Route 58 bridge downstream 11.4 miles to
the confluence with New River, in the Hardware River (Fluvanna County) from the
Route 646 bridge upstream 3.0 miles to Muleshoe Bend as posted, in Holliday
Creek (Appomattox/Buckingham Counties) from the Route 640 crossing downstream
2.8 miles to a sign posted at the headwaters of Holliday Lake, in Holmes Run
(Fairfax County) from the Lake Barcroft Dam downstream 1.2 miles to a sign
posted at the Alexandria City line, in Indian Creek within the boundaries of
Wilderness Road State Park (Lee County), in the North River (Augusta
County) from the base of Elkhorn Dam downstream 1.5 miles to a sign posted at
the head of Staunton City Reservoir, in Passage Creek (Warren County) from the
lower boundary of the Front Royal State Hatchery upstream 0.9 miles to the
Shenandoah/Warren County line, in Peak Creek (Pulaski County) from the
confluence of Tract Fork downstream 2.7 miles to the Route 99 bridge, in the
Pedlar River (Amherst County) from the City of Lynchburg/George Washington
National Forest boundary line (below Lynchburg Reservoir) downstream 2.7 miles
to the boundary line of the George Washington National Forest, in North Fork of
Pound and Pound rivers from the base of North Fork of Pound Dam downstream to
the confluence with Indian Creek, in the Middle Fork of Powell River (Wise
County) from the old train trestle at the downstream boundary of Appalachia
extending approximately 1.9 miles downstream to the trestle just upstream of
the Town of Big Stone Gap, in the Roanoke River (Roanoke County) from
the Route 760 bridge (Diuguids Lane) upstream 1.0 miles to a sign posted at the
upper end of Green Hill Park (Roanoke County), and in the Roanoke River
(City of Salem) from the Route 419 bridge upstream 2.2 miles to the Colorado
Street bridge, and in the South River from the Second Street Bridge upstream
2.4 miles to the base of Rife Loth Dam in the City of Waynesboro. From
October 1 through May 31, all trout caught in these waters must be immediately
returned to the water unharmed, and it shall be unlawful for any person to have
in possession any bait or trout. During the period of June 1 through September
30, the above restrictions will not apply.
4VAC15-330-210. Special provisions applicable to youth-only
stocked trout waters.
Waters selected by the director for inclusion into the
Youth-Only Stocked Trout Program will be considered youth-only stocked trout
waters from April 1 through June 15. Only youth 15 years of age and younger may
participate in the program. The daily trout creel limit shall be three. From
June 16 through March 31, statewide fishing regulations and licensing
requirements apply. Adults (17 years of age and older) are not required to have
a freshwater fishing license or a trout license to assist youth fishing in
youth-only stocked trout waters. Adults assisting youth (15 years of age and
younger) while fishing in youth-only stocked trout waters may:
1. Bait the hook;
2. Assist in casting; and
3. Assist with removing the fish from the hook or line.
Adults may not assist with catching a fish (setting the
hook or retrieving the fish).
VA.R. Doc. No. R16-4798; Filed July 6, 2016, 3:44 a.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF GAME AND INLAND FISHERIES
Proposed Regulation
REGISTRAR'S NOTICE: The
Board of Game and Inland Fisheries is claiming an exemption from the
Administrative Process Act pursuant to § 2.2-4002 A 3 of the Code of
Virginia when promulgating regulations regarding the management of wildlife.
Title of Regulation: 4VAC15-340. Fish: Seines and
Nets (amending 4VAC15-340-30, 4VAC15-340-70,
4VAC15-340-80).
Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502
of the Code of Virginia.
Public Hearing Information:
August 18, 2016 - 9 a.m. - Department of Game and Inland
Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228
Public Comment Deadline: August 6, 2016.
Agency Contact: Phil Smith, Regulatory Coordinator,
Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400,
Henrico, VA 23228, telephone (804) 367-8341, or email
phil.smith@dgif.virginia.gov.
Summary:
The proposed amendments (i) remove the summer portion of
the Back Bay and North Landing River gill net season, which was July 1 through
November 1, for "striped" mullet only, and allow the harvest of
striped mullet during the remainder of the gill net season from November 1
through March 31; (ii) modify the minimum size and creel limit for any American
eel that is harvested with eel pots for personal use in the waters of Back Bay
and the North Landing River; and (iii) modify the minimum size for American
eels harvested with eel pots for commercial purposes in the waters of Back Bay
and the North Landing River.
4VAC15-340-30. Gill nets.
A. Authorization to take fish. A gill net permit shall
authorize the holder thereof to take nongame fish during the times and in the
waters and for the purposes provided for in this section. Such gill net shall
not be more than 300 feet in length. The mesh size shall be not less than 1 inch
bar or square mesh (three-inch stretch mesh). Applicants must annually purchase
tags for each net the applicant intends to operate and attach a department tag
to each net prior to use. A single permit will be issued to the permittee and
shall list each tag number the permittee has been issued. All nets must be
checked daily and all game fish returned to the wild.
B. Permit holder to be present when gill net is being set and
checked for fish. The holder of a gill net permit must be present with the net
at all times when it is being set and checked for fish. The holder may have
others to assist him, and such persons assisting are not required to have a
permit. However, those assisting the permittee must meet the fishing license
requirements of the Commonwealth.
C. Times and places permitted in Virginia Beach City; fish
which may be taken. Gill nets may be used in Virginia Beach City in Back Bay
and its natural tributaries (not including Lake Tecumseh and Red Wing Lake) and
North Landing River from the North Carolina line to Pungo Ferry (not including
Blackwater River) for the taking of mullet only for table use and also for
sale from July 1 through November 1, both dates inclusive; and for the
taking of other nongame fish, except mullet, alewife, and
blueback herring, for table use and also for sale from November 1 through March
31, both dates inclusive. The harvest limit for anadromous American and hickory
shad shall be 10 per day, in the aggregate. Gill nets set in Back Bay waters
shall be at least 300 feet from any other net and at least 300 feet from the
shoreline. All such nets must be marked at both ends and at least every 100
feet along the length of the net with a five-inch by 12-inch minimum dimensions
float.
4VAC15-340-70. Eel pots for taking American eels for personal
use.
A. The director may issue, deny, modify, suspend, or revoke
annual eel pot permits for American eels designated for personal use. Such
permits shall authorize the taking of American eels for personal use only (not
for sale) with eel pots from waters designated in this section. Such permits
shall be valid so long as the harvest of eels in the Commonwealth is not
prohibited by other state or federal law or regulation.
B. It shall be unlawful for a permit holder to possess
elvers.
C. It shall be unlawful for permit holders fishing eel pots
to take any species other than American eels.
D. It shall be unlawful to place, set, or fish any eel pot
that has a mesh less than 1/2-inch by 1/2-inch and does not contain at least
one unrestricted 4-inch by 4-inch escape panel of 1/2-inch by 1-inch mesh.
Buoys of all pots set must be marked by permanent means with the permit
holder's name, address, and phone number.
E. American eels may be taken with eel pots in Back Bay and
its natural tributaries (not including Lake Tecumseh and Red Wing Lake) and
North Landing River and its natural tributaries from the North Carolina line to
the Great Bridge locks.
F. It shall be unlawful for any permit holder to possess more
than 50 25 eels daily. When fishing from a boat or vessel where
the entire catch is held in a common hold or container, the daily possession
limit shall be for the boat or vessel and shall be equal to the number of
permit holders on board multiplied by 50 25. The captain or
operator of the boat or vessel shall be responsible for any boat or vessel
possession limit. Any eel taken after the daily possession limit has been
reached shall be returned to the water immediately. Possession of any quantity
of eels that exceeds the daily possession limit described in this subsection
shall be presumed to be for commercial purposes.
G. For the purposes of this section, the term
"elver" shall mean any American eel of less than six nine
inches in total length.
4VAC15-340-80. Eel pots for taking American eels for sale.
A. The director may issue, deny, modify, suspend, or revoke
annual eel pot permits designated for the sale of American eels. Such permits
shall authorize the taking of American eels for sale, as specified, with eel
pots from waters designated in this section. Such permits shall be valid so
long as the harvest of American eels in the Commonwealth is not prohibited by
other state or federal law or regulation. To be eligible, applicants must
document harvest of at least one pound of American eels from Back Bay or North
Landing River or their tributaries via reports submitted through the Virginia
Marine Resources Commission Mandatory Harvest Reporting Program during the
period January 1, 2007, to December 31, 2012, both dates inclusive. Applicants
must document the reported harvest occurred while the applicant held a valid
commercial fish pot or eel pot license issued by the Virginia Marine Resources
Commission.
B. It shall be unlawful for permit holders to possess elvers
any American eel less than nine inches total length.
C. It shall be unlawful for permit holders fishing eel pots
to take any species other than American eels.
D. It shall be unlawful to place, set, or fish any eel pot
that has a mesh less than 1/2-inch by 1/2-inch and does not contain at least
one unrestricted 4-inch by 4-inch escape panel consisting of 1/2-inch by 1-inch
mesh.
E. The permit holder's last name and Virginia Department of
Game and Inland Fisheries American eel pot number must be permanently attached
to buoys of all eel pots set. The maximum number of pots authorized per permit
holder under this permit shall be 300.
F. American eels may be taken with eel pots in Back Bay and
its natural tributaries (not including Lake Tecumseh and Red Wing Lake) and in
North Landing River and its natural tributaries from the North Carolina line to
the Great Bridge locks.
G. It shall be unlawful for any person to ship or otherwise
transport any package, box, or other receptacle containing fish taken under an
eel pot permit unless the same bears the permit holder's name and address.
H. Failure to comply with the daily harvest and sales
reporting requirements as detailed in conditions of the permit shall be
unlawful and may result in immediate permit revocation. It shall be the permit
holder's responsibility to report "No Activity" when no activity
occurs during a monthly reporting period.
I. For the purposes of this section, the term
"elver" shall mean any American eel of less than six inches in total
length.
VA.R. Doc. No. R16-4799; Filed July 6, 2016, 5:40 a.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF GAME AND INLAND FISHERIES
Proposed Regulation
REGISTRAR'S NOTICE: The
Board of Game and Inland Fisheries is claiming an exemption from the
Administrative Process Act pursuant to § 2.2-4002 A 3 of the Code of
Virginia when promulgating regulations regarding the management of wildlife.
Title of Regulation: 4VAC15-350. Fish: Gigs, Grab
Hooks, Trotlines, Snares, Etc. (amending 4VAC15-350-70).
Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502
of the Code of Virginia.
Public Hearing Information:
August 18, 2016 - 9 a.m. - Department of Game and Inland
Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228
Public Comment Deadline: August 6, 2016.
Agency Contact: Phil Smith, Regulatory Coordinator,
Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400,
Henrico, VA 23228, telephone (804) 367-8341, or email
phil.smith@dgif.virginia.gov.
Summary:
The proposed amendments (i) remove longnose gar and bowfin
from, and add grass carp to, the list of species that can be taken in unlimited
numbers with bow and arrow or crossbow, under certain circumstances, and (ii)
establish creel limits for longnose gar and bowfin.
4VAC15-350-70. Taking common carp, grass carp, northern
snakehead, bowfin, catfish, and gar with bow and arrow or crossbow.
A. Season. Except as otherwise provided by local legislation
or as posted, it shall be lawful to take common carp, northern snakehead, and
gar from the public inland waters of the Commonwealth, grass carp from
public inland waters of the Commonwealth except department-owned or
department-controlled lakes, and bowfin and catfish from below the fall
line in tidal rivers of the Chesapeake Bay, except waters stocked with trout,
by means of bow and arrow or crossbow.
B. Poison arrows or explosive-head arrows prohibited. It
shall be unlawful to use poison arrows or arrows with explosive heads at any
time for the purpose of taking common carp, grass carp, northern
snakehead, bowfin, catfish, or gar in the public inland waters of the
Commonwealth.
C. Fishing license required. All persons taking fish in the
manner mentioned in this section shall be required to have a regular fishing
license.
D. Creel limits. Common carp, grass carp, northern
snakehead, bowfin, and catfish, and gar – unlimited,
provided that any angler taking northern snakehead immediately kill such fish
and notify the department, as soon as practicable, of such actions and
provided that any angler taking grass carp ensure that harvested fish are dead.
The creel limit for bowfin and longnose gar shall be five fish per day.
VA.R. Doc. No. R16-4800; Filed July 6, 2016, 5:58 a.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF GAME AND INLAND FISHERIES
Proposed Regulation
REGISTRAR'S NOTICE: The
Board of Game and Inland Fisheries is claiming an exemption from the
Administrative Process Act pursuant to § 2.2-4002 A 3 of the Code of
Virginia when promulgating regulations regarding the management of wildlife.
Title of Regulation: 4VAC15-360. Fish: Aquatic
Invertebrates, Amphibians, Reptiles, and Nongame Fish (amending 4VAC15-360-10).
Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502
of the Code of Virginia.
Public Hearing Information:
August 18, 2016 - 9 a.m. - Department of Game and Inland
Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228
Public Comment Deadline: August 6, 2016.
Agency Contact: Phil Smith, Regulatory Coordinator,
Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400,
Henrico, VA 23228, telephone (804) 367-8341, or email
phil.smith@dgif.virginia.gov.
Summary:
The proposed amendments remove longnose gar and bowfin from
the list of species that can be taken in unlimited numbers and add grass carp
to the list of species that can be taken in unlimited numbers, except in
certain circumstances.
4VAC15-360-10. Taking aquatic invertebrates, amphibians, reptiles,
and nongame fish for private use.
A. Possession limits. Except as otherwise provided for in
§ 29.1-418 of the Code of Virginia, 4VAC15-20-130, subdivision 8 of
4VAC15-320-40, and the sections of this chapter, it shall be lawful to
capture and possess live for private use and not for sale no more than five
individuals of any single native or naturalized (as defined in 4VAC15-20-50)
species of amphibian and reptile and 20 individuals of any single native or
naturalized (as defined in 4VAC15-20-50) species of aquatic invertebrate and
nongame fish unless specifically listed below:
1. The following species may be taken in unlimited numbers
from inland waters statewide: carp, bowfin, longnose gar, mullet, yellow
bullhead, brown bullhead, black bullhead, flat bullhead, snail bullhead, white
sucker, northern hogsucker, gizzard shad, threadfin shad, blueback herring (see
4VAC15-320-25 for anadromous blueback herring limits), white perch, yellow
perch, alewife (see 4VAC15-320-25 for anadromous alewife limits), stoneroller
(hornyhead), fathead minnow, golden shiner, goldfish, and Asian clams. Grass
carp may only be harvested in unlimited numbers from public inland waters of
the Commonwealth other than department-owned or department-controlled lakes.
Anglers taking grass carp must ensure that all harvested grass carp are dead.
2. See 4VAC15-320-25 for American shad, hickory shad, channel
catfish, white catfish, flathead catfish, and blue catfish limits.
3. For the purpose of this chapter, "fish bait"
shall be defined as native or naturalized species of minnows and chubs
(Cyprinidae), salamanders (each under six inches in total length), crayfish,
and hellgrammites. The possession limit for taking "fish bait" shall
be 50 individuals in aggregate, unless said person has purchased "fish
bait" and has a receipt specifying the number of individuals purchased by
species, except salamanders and crayfish which cannot be sold pursuant to the
provisions of 4VAC15-360-60 and 4VAC15-360-70. However, stonerollers (hornyheads),
fathead minnows, golden shiners, and goldfish may be taken and possessed in
unlimited numbers as provided for in subdivision 1 of this subsection.
4. The daily limit for bullfrogs shall be 15 and for snapping
turtles shall be five. Snapping turtles shall only be taken from June 1st
1 to September 30th 30. Bullfrogs and snapping turtles may
not be taken from the banks or waters of designated stocked trout waters.
5. The following species may not be taken in any number for
private use: candy darter, eastern hellbender, diamondback terrapin, and
spotted turtle.
6. Native amphibians and reptiles, as defined in 4VAC15-20-50,
that are captured within the Commonwealth and possessed live for private use
and not for sale may be liberated under the following conditions:
a. Period of captivity does not exceed 30 days;
b. Animals must be liberated at the site of capture;
c. Animals must have been housed separately from other
wild-caught and domestic animals; and
d. Animals that demonstrate symptoms of disease or illness or
that have sustained injury during their captivity may not be released.
B. Methods of taking species in subsection A of this
section. Except as otherwise provided for in the Code of Virginia,
4VAC15-20-130, 4VAC15-320-40, and other regulations of the board, and except in
any waters where the use of nets is prohibited, the species listed in
subsection A of this section may only be taken (i) by hand, hook
and line,; (ii) with a seine not exceeding four feet in depth by
10 feet in length,; (iii) with an umbrella type net not exceeding
five by five feet square,; (iv) by small minnow traps with throat
openings no larger than one inch in diameter,; (v) with cast nets,;
and (vi) with hand-held bow nets with diameter not to exceed 20 inches
and handle length not to exceed eight feet (such cast net and hand-held bow
nets when so used shall not be deemed dip nets under the provisions of
§ 29.1-416 of the Code of Virginia). Gizzard shad and white perch may also
be taken from below the fall line in all tidal rivers of the Chesapeake Bay
using a gill net in accordance with Virginia Marine Resources Commission
recreational fishing regulations. Bullfrogs may also be taken by gigging or bow
and arrow and, from private waters, by firearms no larger than .22 caliber
rimfire. Snapping turtles may be taken for personal use with hoop nets not
exceeding six feet in length with a throat opening not exceeding 36 inches.
C. Areas restricted from taking mollusks. Except as provided
for in §§ 29.1-418 and 29.1-568 of the Code of Virginia, it shall be
unlawful to take the spiny riversnail (Io fluvialis) in the Tennessee drainage
in Virginia (Clinch, Powell, and the North, South, and Middle
Forks of the Holston Rivers and tributaries). It shall be unlawful to take
mussels from any inland waters of the Commonwealth.
D. Areas restricted from taking salamanders. Except as
provided for in §§ 29.1-418 and 29.1-568 of the Code of Virginia, it shall
be unlawful to take salamanders in Grayson Highlands State Park and on National
Forest lands in the Jefferson National Forest in those portions of Grayson,
Smyth, and Washington Counties bounded on the east by State Route 16, on
the north by State Route 603 and on the south and west by U.S. Route 58.
VA.R. Doc. No. R16-4801; Filed July 6, 2016, 6:09 a.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation
REGISTRAR'S
NOTICE: The Marine Resources
Commission is claiming an exemption from the Administrative Process Act in
accordance with § 2.2-4006 A 11 of the Code of Virginia; however, the
commission is required to publish the full text of final regulations.
Title of Regulation: 4VAC20-30. Pertaining to the
Licensing of Crab Traps and Pounds (repealing 4VAC20-30-10 through 4VAC20-30-40).
Statutory Authority: §§ 28.2-201 and 28.2-701 of the
Code of Virginia.
Effective Date: July 5, 2016.
Agency Contact: Jennifer Farmer, Regulatory Coordinator,
Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News,
VA 23607, telephone (757) 247-2248, or email
jennifer.farmer@mrc.virginia.gov.
Summary:
The action repeals the chapter. Application, location, and
priority rights provisions are being moved into 4VAC20-460.
VA.R. Doc. No. R16-4791; Filed June 30, 2016, 2:22 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation
REGISTRAR'S NOTICE: The
Marine Resources Commission is claiming an exemption from the Administrative
Process Act in accordance with § 2.2-4006 A 11 of the Code of Virginia;
however, the commission is required to publish the full text of final
regulations.
Title of Regulation: 4VAC20-270. Pertaining to
Crabbing (amending 4VAC20-270-40, 4VAC20-270-51,
4VAC20-270-55; repealing 4VAC20-270-58).
Statutory Authority: § 28.2-201 of the Code of Virginia.
Effective Date: July 5, 2016.
Agency Contact: Jennifer Farmer, Regulatory Coordinator,
Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News,
VA 23607, telephone (757) 247-2248, or email
jennifer.farmer@mrc.virginia.gov.
Summary:
The amendments (i) lengthen the commercial season for
harvesting crabs by crab pot from November 30 to December 20 for 2016 and
designate the commercial season for harvesting crabs by crab pot as March 1
through December 20 for 2017; (ii) designate the commercial season for harvesting
crabs by other commercial gear as April 21 through October 31 for 2016 and
2017; (iii) include a reference to the retention box and other gear legal start
date (4VAC20-460-25); (iv) update 4VAC20-270-51 and 4VAC20-270-55 to correspond
with the new season dates; and (v) remove the provisions regarding license
revocation.
4VAC20-270-40. Season limits.
A. In 2015 and 2016, the lawful seasons season
for the commercial harvest of crabs by crab pot shall be March 17 through November
30 December 20. In 2017, the lawful season for the commercial
harvest of crabs by crab pot shall be March 1 through December 20. For all
other lawful commercial gear used to harvest crabs, as described in
4VAC20-1040, the lawful seasons for the harvest of crabs shall be May 1 April
21 through September 25 October 31 in 2015 2016
and April 21 April 1 through November 30 October 31
in 2016 2017.
B. It shall be unlawful for any person to harvest crabs or to
possess crabs on board a vessel, except during the lawful season, as described
in subsection A of this section.
C. It shall be unlawful for any person knowingly to place,
set, fish, or leave any hard crab pot in any tidal waters of Virginia
from December 1, 2015 21, 2016, through March 16, 2016 February
28, 2017. It shall be unlawful for any person knowingly to place, set,
fish, or leave any lawful commercial gear used to harvest crabs, except any
hard crab pot, or as described in 4VAC20-460-25, in any tidal waters of
Virginia from September 26, 2015 November 1, 2016, through April
20, 2016 March 31, 2017.
D. It shall be unlawful for any person knowingly to place,
set, fish, or leave any fish pot in any tidal waters from March 12
through March 16, except as provided in subdivisions 1 and 2 of this
subsection.
1. It shall be lawful for any person to place, set, or fish
any fish pot in those Virginia waters located upriver of the following boundary
lines:
a. In the James River the boundary shall be a line connecting
Hog Point and the downstream point at the mouth of College Creek.
b. In the York River the boundary lines shall be the Route 33
bridges at West Point.
c. In the Rappahannock River the boundary line shall be the
Route 360 bridge at Tappahannock.
d. In the Potomac River the boundary line shall be the Route
301 bridge that extends from Newberg, Maryland to Dahlgren, Virginia.
2. This subsection shall not apply to legally licensed eel
pots as described in 4VAC20-500-50.
E. It shall be unlawful for any person to place, set, or fish
any number of fish pots in excess of 10% of the amount allowed by the gear
license limit, up to a maximum of 30 fish pots per vessel, when any person on
that vessel has set any crab pots.
1. This subsection shall not apply to fish pots set in the
areas described in subdivision D 1 of this section.
2. This subsection shall not apply to legally licensed eel
pots as described in 4VAC20-500.
3. This subsection shall not apply to fish pots constructed of
a mesh less than one-inch square or hexagonal mesh.
4VAC20-270-51. Daily commercial harvester, vessel, and harvest
and possession limits.
A. Any barrel used by a harvester to contain or possess any
amount of crabs will be equivalent in volume to no more than 3 bushels of
crabs.
B. From July 5, 2015 2016, through November 15,
2015 2016, and April 1, 2016 2017, through July 4, 2016
2017, any Commercial Fisherman Registration Licensee legally licensed
for any crab pot license, as described in 4VAC20-270-50 B, shall be limited to
the following maximum daily harvest and possession limits for any of the
following crab pot license categories:
1. 10 bushels, or 3 barrels and 1 bushel, of crabs if licensed
for up to 85 crab pots.
2. 14 bushels, or 4 barrels and 2 bushels, of crabs if
licensed for up to 127 crab pots.
3. 18 bushels, or 6 barrels, of crabs if licensed for up to
170 crab pots.
4. 29 bushels, or 9 barrels and 2 bushels, of crabs if
licensed for up to 255 crab pots.
5. 47 bushels, or 15 barrels and 2 bushels, of crabs if
licensed for up to 425 crab pots.
C. From November 16, 2015 2016, through November
30, 2015 December 20, 2016, and March 17, 2016 1, 2017,
through March 31, 2016 2017, any Commercial Fisherman
Registration Licensee legally licensed for any crab pot license, as described
in 4VAC20-270-50 B, shall be limited to the following maximum daily harvest and
possession limits for any of the following crab pot license categories:
1. 8 bushels, or 2 barrels and 2 bushels, of crabs if licensed
for up to 85 crab pots.
2. 10 bushels, or 3 barrels and 1 bushel, of crabs if licensed
for up to 127 crab pots.
3. 13 bushels, or 4 barrels and 1 bushel, of crabs if licensed
for up to 170 crab pots.
4. 21 bushels, or 7 barrels, of crabs if licensed for up to
255 crab pots.
5. 27 bushels, or 9 barrels, of crabs if licensed for up to
425 crab pots.
D. When a single harvester or multiple harvesters are on
board any vessel, that vessel's daily harvest and possession limit shall be
equal to only one daily harvest and possession limit, as described in
subsections B and C of this section, and that daily limit shall correspond to
the highest harvest and possession limit of only one licensee on board that
vessel.
E. When transporting or selling one or more legal crab pot
licensee's crab harvest in bushels or barrels, any agent shall possess either
the crab pot license of that one or more crab pot licensees or a bill of lading
indicating each crab pot licensee's name, address, Commercial Fisherman
Registration License number, date, and amount of bushels or barrels of crabs to
be sold.
F. If any police officer finds crabs in excess of any lawful
daily bushel, barrel, or vessel limit, as described in this section, that
excess quantity of crabs shall be returned immediately to the water by the
licensee or licensees who possess that excess over lawful daily harvest or
possession limit. The refusal to return crabs, in excess of any lawful daily
harvest or possession limit, to the water shall constitute a separate violation
of this chapter.
G. When any person on board any boat or vessel possesses a
crab pot license, it shall be unlawful for that person or any other person
aboard that boat or vessel to possess a seafood buyers boat license and buy any
crabs on any day.
4VAC20-270-55. Minimum size limits.
A. From March 17 1 through July 15, it shall be
unlawful for any person to harvest, possess, sell, or offer for sale more than
10 peeler crabs, per United States standard bushel, or 5.0% of peeler crabs in
any other container, that measure less than 3-1/4 inches across the shell from
tip to tip of the longest spikes. From July 16 through November 30 December
20, it shall be unlawful for any person to harvest, possess, sell, or offer
for sale more than 10 peeler crabs, per United States standard bushel, or 5.0%
of peeler crabs in any other container, that measure less than 3-1/2 inches
across the shell from tip to tip of the longest spikes, except as described in
subsections B and C of this section.
B. From July 16 through November 30 December 20,
it shall be unlawful for any person to harvest, possess, sell, or offer
for sale more than 10 peeler crabs, per United States standard bushel, or 5.0%
of peeler crabs in any other container, that are harvested from waters on the
ocean side of Accomack and Northampton counties Counties and
measure less than 3-1/4 inches across the shell from tip to tip of the longest
spikes, except as described in subsection C of this section.
C. In the enforcement of these peeler crab minimum size
limits aboard a vessel, the marine police officer shall select a single
container of peeler crabs of his choosing to determine if the contents of that
container violate the minimum size and tolerance described in this section. If
the officer determines the contents of the container are in violation, then the
officer shall return all peeler crabs on board the vessel to the water alive.
D. It shall be unlawful for any person to take, catch,
harvest, possess, sell or offer for sale, or to destroy in any manner, any soft
crab that measures less than 3-1/2 inches across the shell from tip to tip of the
longest spikes.
4VAC20-270-58. License revocation. (Repealed.)
A. Any person convicted by a court of two crab
fishery-related violations, may be subject to having his license(s) to take
crabs revoked in accordance with the provisions of § 28.2-232 of the Code of
Virginia.
B. Any person serving as an agent who is convicted by a
court of two crab fishery-related violations may be subject to having his
authority to serve as an agent revoked by the commission.
C. Any crab licensee whose agent is convicted by a court
of two crab fishery-related violations may be subject to having any of his
licenses to take crabs revoked by the commission.
VA.R. Doc. No. R16-4793; Filed June 30, 2016, 2:21 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation
REGISTRAR'S NOTICE: The
Marine Resources Commission is claiming an exemption from the Administrative
Process Act in accordance with § 2.2-4006 A 11 of the Code of Virginia;
however, the commission is required to publish the full text of final
regulations.
Title of Regulation: 4VAC20-460. Pertaining to the
Use of Crab Traps and Pounds (adding 4VAC20-460-13, 4VAC20-460-15,
4VAC20-460-25).
Statutory Authority: §§ 28.2-201 and 28.2-701 of the
Code of Virginia.
Effective Date: July 5, 2016.
Agency Contact: Jennifer Farmer, Regulatory Coordinator,
Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News,
VA 23607, telephone (757) 247-2248, or email
jennifer.farmer@mrc.virginia.gov.
Summary:
The amendments incorporate provisions from repealed
4VAC20-30, Pertaining to the Licensing of Crab Traps and Pounds, into this
chapter. The provisions (ii) establish the procedures for licensing and
locating crab traps or pounds, (ii) establish the priority rights of a licensee
to relicense any crab trap or pound, and (iii) allow crab pound harvesters to
establish auxiliary gear related to the crab pound two weeks in advance of the
open season, except the crab head or retention box, but not fish until the
season starts.
4VAC20-460-13. Application and location.
A. Application for crab trap
or crab pound licenses, to be issued pursuant to § 28.2-701 of the Code of
Virginia, shall state the exact location of each crab trap or crab pound. If
application is made for a license for more than one crab trap or crab pound,
the application may embrace more than one, provided the traps or pounds are to
be located in the same area, and further provided they are contiguous and are
located next to each other, but the location of each must be definitely
described. No application for any location for a crab trap or crab pound shall
be made prior to December 1 of the year preceding the current license year.
B. Only one license shall be issued for the same location,
or within 100 yards of that location, during the same calendar year and any
subsequent license issued through error, or otherwise, for the same location,
or within 100 yards of that location, shall be void as to that location. Upon
request by such licensee, made within 60 days after issuance, a refund of such
license fee shall be made.
C. The licensee shall be responsible for the location of
the trap or pound.
D. The license, when issued, shall be subject to oyster
leases and riparian rights and shall not apply inshore of the mean low water
mark.
4VAC20-460-15. Priority rights.
The licensee of any location for a crab trap or crab pound
that was actually fished or crabbed by the licensee during the preceding year
shall have a priority right over all other applicants to license the same
location for the current license year, provided such licensee remains otherwise
qualified and makes application for such location on or before April 1 of the
current license year. All other applicants for such location will have their
applications considered in chronological order of receipt after April 1 of the
license year.
4VAC20-460-25. Placement requirements for the retention box
and other gear.
It shall be unlawful to establish the crab head or
retention box prior to the legal start date, but all other associated gear may
be established at the licensed location two weeks prior to the legal start date
of the season for this gear type.
VA.R. Doc. No. R16-4788; Filed June 30, 2016, 2:24 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation
REGISTRAR'S NOTICE: The
Marine Resources Commission is claiming an exemption from the Administrative
Process Act in accordance with § 2.2-4006 A 11 of the Code of Virginia;
however, the commission is required to publish the full text of final
regulations.
Title of Regulation: 4VAC20-670. Pertaining to
Recreational Gear Licenses (amending 4VAC20-670-30).
Statutory Authority: § 28.2-201 of the Code of Virginia.
Effective Date: July 5, 2016.
Agency Contact: Jennifer Farmer, Regulatory Coordinator,
Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News,
VA 23607, telephone (757) 247-2248, or email
jennifer.farmer@mrc.virginia.gov.
Summary:
Pursuant to Chapter 170 of the 2009 Acts of Assembly, the
amendment conforms regulation to statute, which allows the commission to set
the dates of the closed season.
4VAC20-670-30. Gear restrictions.
A. It shall be unlawful for any person to use any gill net
greater than 300 feet in length when licensed for recreational purposes under
this chapter except as described in subsection B of this section. Any person
licensed to use a recreational gill net up to 300 feet in length shall stay
within 100 yards of such net when it is overboard. Failure to attend such net
in this fashion is a violation of this chapter.
B. It shall be unlawful for any person to use any anchored
gill net when licensed for recreational purposes under this chapter that is
greater than 110 feet in length in any of the tidal waters upriver of the
saltwater-freshwater boundaries. Any anchored gill net set or placed in areas
upriver of the saltwater-freshwater boundaries shall be retrieved within one
hour of setting or placing that gill net. Any person licensed to use a recreational
anchored gill net shall stay within 100 yards of such net when it is overboard.
Failure to attend such net in this fashion is a violation of this chapter, and
any unattended anchored gill net shall be confiscated by the marine police
officer.
C. It shall be unlawful for any person to use more than five
crab pots or more than two eel pots when licensed for recreational purposes
under this chapter.
D. Any law or chapter applying to the setting or fishing of
commercial gill nets, cast nets, dip nets, crab pots, crab traps, or crab trot
lines shall also apply to the gear licensed under this chapter when set or
fished for recreational purposes, except that (i) certain commercial gear used
for recreational purposes shall be marked in accordance with the provisions
described in 4VAC20-670-40, (ii) the daily time limits for commercial crab
potting and peeler potting established in this section shall not apply to the
setting and fishing of recreational crab pots licensed under this chapter, and
(iii) the closed season and area established in § 28.2-709 of the Code
of Virginia shall not apply to the setting and fishing of recreational crab
pots licensed under this chapter.
E. It shall be unlawful for any person to use any
recreational gill net to catch and possess any species of fish whose commercial
fishery is regulated by an annual harvest quota.
F. It shall be unlawful for any person using a recreational
gill net, fish cast net, or fish dip net to take and possess more than the
recreational possession limit for any species regulated by such a limit. When
fishing from any boat, using gear licensed under this chapter, the total
possession limit shall be equal to the number of persons on board legally
eligible to fish multiplied by the individual possession limit for the
regulated species, and the captain or operator of the boat shall be responsible
for adherence to the possession limit.
G. It shall be unlawful for any person using a recreational
gill net, fish cast net, or fish dip net to take and possess any fish which is
less than the lawful minimum size established for that species. When the taking
of any fish is regulated by different size limits for commercial and
recreational fishermen, that size limit applicable to recreational fishermen or
to hook-and-line fishermen shall apply to the taking of that species by persons
licensed under this chapter.
H. It shall be unlawful for any person to use any ordinary
crab trot line greater than 300 feet in length when licensed for recreational
purposes under this chapter.
I. It shall be unlawful for any person licensed to use five
crab pots under this chapter to fish those pots on Sunday or to fish those pots
from September 16 through May 31.
VA.R. Doc. No. R16-4792; Filed June 30, 2016, 2:22 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation
REGISTRAR'S NOTICE: The
Marine Resources Commission is claiming an exemption from the Administrative
Process Act in accordance with § 2.2-4006 A 11 of the Code of Virginia;
however, the commission is required to publish the full text of final
regulations.
Title of Regulation: 4VAC20-1140. Prohibition of Crab
Dredging in Virginia Waters (amending 4VAC20-1140-20).
Statutory Authority: § 28.2-201 of the Code of Virginia.
Effective Date: July 5, 2016.
Agency Contact: Jennifer Farmer, Regulatory Coordinator,
Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News,
VA 23607, telephone (757) 247-2248, or email
jennifer.farmer@mrc.virginia.gov.
Summary:
The amendment continues the closed crab dredge fishery
season from December 1, 2016, through March 31, 2017.
4VAC20-1140-20. Crab dredging prohibited.
In accordance with the provisions of § 28.2-707 of the Code
of Virginia, the crab dredging season of December 1, 2015 2016,
through March 31, 2016 2017, is closed, and it shall be unlawful
to use a dredge for catching crabs from the waters of the Commonwealth during
that season.
VA.R. Doc. No. R16-4790; Filed June 30, 2016, 2:23 p.m.
TITLE 9. ENVIRONMENT
VIRGINIA WASTE MANAGEMENT BOARD
Final Regulation
REGISTRAR'S NOTICE: The
Virginia Waste Management Board is claiming an exemption from Article 2 of the
Administrative Process Act in accordance with § 2.2-4006 A 3, which
excludes regulations that consist only of changes in style or form or
corrections of technical errors. The Virginia Waste Management Board will
receive, consider, and respond to petitions by any interested person at any
time with respect to reconsideration or revision.
Title of Regulation: 9VAC20-40. Administrative
Procedures for Hazardous Waste Facility Site Certification (amending 9VAC20-40-20, 9VAC20-40-40,
9VAC20-40-50, 9VAC20-40-80, 9VAC20-40-90, 9VAC20-40-100, 9VAC20-40-110).
Statutory Authority: §§ 10.1-1434 and 10.1-1436 of
the Code of Virginia.
Effective Date: August 24, 2016.
Agency Contact: Leslie A. Romanchik, Department of
Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218,
telephone (804) 698-4129, FAX (804) 698-4234, TTY (804) 698-4021, or email
leslie.romanchik@deq.virginia.gov.
Summary:
The amendments correct citations and update a definition to
make them consistent with Virginia statute and update a title of a referenced
regulation.
9VAC20-40-20. Purpose of chapter.
Article 6 (§ 101-1433 10.1-1433 et seq.) of
Chapter 14 of Title 10.1 of the Code of Virginia contains a detailed
description of the process and procedures for a certification of site
suitability. This chapter is designed to amplify and supplement the statutes
where appropriate. This chapter together with the statute establish
administrative procedures for the submission and evaluation of applications for
certification of hazardous waste facility sites
Article 2
Definitions
9VAC20-40-40. Definitions.
Section 10.1-1433 of the Code of Virginia defines several
words and terms which are used in this chapter. Unless the context clearly
indicates otherwise, those words and terms will have the same meaning when used
in this chapter. In addition, the following words and terms, when used in this
chapter, shall have the following meanings unless the context clearly indicates
otherwise:
"Act" means §§ 10.1-1433 through 10.1-1449 of the
Code of Virginia.
"Affected communities" means those counties, cities
or towns contiguous to the host community which may be affected by the siting
of a hazardous waste facility in the host community.
"Applicant" means the person applying for a
certification of site suitability or submitting a notice of intent to apply for
that. The applicant must be the person who that intends to own or
operate the proposed facility.
"Application" means an application to the board for
a certification of site suitability.
"Board" means the Virginia Waste Management Board.
"Certification of site suitability" or
"certification" means the certification issued by the board pursuant
to Chapter 14 (§ 10.1-1400 et seq.) of Title 10.1 of the Code of Virginia.
"Construct" or "construction"
means (i) with respect to new facilities, the significant alteration of a site
to install permanent equipment or structures or the installation of permanent
equipment or structures; or (ii) with respect to existing facilities,
the alteration or expansion of existing structures or facilities to initially
accommodate hazardous waste, any expansion of more than 50% of the area or
capacity of an existing hazardous waste facility, or any change in design or
process of a hazardous waste facility that will, in the opinion of the board,
result in a substantially different type of facility. It does not include
preliminary engineering or site surveys, environmental studies, site
acquisition, acquisition of an option to purchase or activities normally
incident to that.
"Criteria" means the criteria adopted by the board,
pursuant to § 10.1-1436 of the Code of Virginia.
"Department" means the Virginia Department of
Environmental Quality.
"Disposal" means the discharge, deposit,
injunction, dumping, spilling, leaking or placing of any solid waste or
hazardous waste into or on any land or water so that such solid waste or
hazardous waste or any constituent thereof may enter the environment or be
emitted into the air or discharged into any waters, including groundwaters.
"Emergency situation" means where an imminent and
substantial endangerment to human health or the environment is determined.
"Fund" means the technical assistance fund created
pursuant to § 10.1-1448 of the Code of Virginia.
"Hazardous waste" means a solid waste classified as
a hazardous waste by the Virginia Hazardous Waste Management Regulations,
9VAC20-60.
"Hazardous waste facility" or "facility"
means any facility, including land and structures, appurtenances, improvements
and equipment for the treatment, storage or disposal of hazardous wastes, which
accepts hazardous waste for storage, treatment or disposal. For the purposes of
this chapter, it does not include: (i) facilities which are owned and operated
by and exclusively for the on-site treatment, storage or disposal of wastes
generated by the owner or operator; (ii) facilities for the treatment, storage
or disposal of hazardous wastes used principally as fuels in an on-site
production process; and (iii) facilities used exclusively for the pretreatment
of wastes discharged directly to a publicly-owned sewage treatment works.
"Hazardous waste management facility permit" means
the permit for a hazardous waste management facility issued by the director or
the U.S. Environmental Protection Agency.
"Host community" means any county, city or town
within whose jurisdictional boundaries construction of a hazardous waste
facility is proposed.
"On-site" means facilities that are located on the
same or geographically contiguous property which may be divided by public or
private right-of-way, and the entrance and exit between the contiguous
properties are at a crossroads intersection so that the access is by crossing,
as opposed to going along, the right-of-way. On-site also means noncontiguous
properties owned by the same person but connected by a right-of-way which the
owner controls and to which the public does not have access.
"Operating characteristics": These include, but are
not limited to:
1. Brief description of the nature of the business of the
facility, including an estimate of the size of the business (number of
employees, etc.);
2. Specification of each hazardous waste involved in the
operation of the facility and an estimate of the annual quantity of each;
3. Description of the physical facility (number and size of
buildings, tanks and other structures);
4. General description of the process to be used in the
treatment, storage, or disposal or both of each hazardous waste;
5. Description of the anticipated traffic to and from the
facility (number, type, and capacity of those vehicles transporting hazardous
waste as well as other types of vehicles);
6. Short and long term projections for the facility, including
its projected life expectancy; and
7. Any other relevant information which will assist the board
and other persons to gain a clear understanding of the nature and operation of
the facility.
"Operator" means a person who is responsible for
the overall operation of a facility.
"Owner" means a person who owns a facility or a
part of a facility.
"Person" means an individual, trust, firm, joint
stock company, corporation, including a government corporation, partnership,
association, state, municipality, commission, political subdivision of a state,
interstate body or federal government agency.
"Site plan" means a design of the proposed facility
and site. The site plan must accurately represent all structures of the
proposed facility. If the site has existing structures, the site plan must
designate these and specify the alterations to be made to each. The site plan
shall also include a topographic map showing a distance of 1,000 feet around
the facility at a scale of 2.5 centimeters (one inch) equal to not more than
61.0 meters (200 feet). Contours shall be shown on the map. The contour
interval shall be sufficient to clearly show the pattern of surface water flow
in the vicinity of and from each operational unit of the facility, for example,
contours with an interval of 1.5 meters (five feet), if relief is greater than
6.1 meters (20 feet) or an interval of 0.6 meters (two feet), if relief is less
than 6.1 meters (20 feet). Owners and operators of facilities proposed in
mountainous areas should use a larger contour interval to adequately show
topographic profiles of facilities. The map shall clearly show the following:
1. Map scale and date;
2. 100 year floodplain area;
3. Surface waters including intermittent streams;
4. Surrounding land uses (residential, commercial,
agricultural, recreational);
5. A wind rose (i.e., prevailing wind speed and direction);
6. Orientation of the map (north arrow);
7. Legal boundaries of the facility site;
8. Access control (fences and gates);
9. Injection and withdrawal wells, both on-site and off-site;
10. Buildings; treatment, storage, or disposal operations; or
other structures (recreation areas, run-off control systems, access and
internal roads; storm, sanitary, and process sewerage systems; loading and
unloading areas; fire control facilities, etc.);
11. Barriers for drainage or flood control;
12. Location of operational units within the facility site
where hazardous waste is proposed to be treated, stored or disposed, including
equipment cleanup areas; and
13. Such additional information as the board deems necessary
to carry out its duties as required by the Act.
"Solid waste" means any garbage, refuse, sludge and
other discarded material, including solid, liquid, semisolid or contained
gaseous material resulting from industrial, commercial, mining and agricultural
operations and from community activities but does not include (i) solid or
dissolved material in domestic sewage; (ii) solid or dissolved material in
irrigation return flows or in industrial discharges which are sources subject
to a permit from the State Water Control Board, or (iii) source, special
nuclear, or byproduct material as defined by the Federal Atomic Energy Act of
1954 (42 USCS § 2011 et seq.), as amended.
"Storage" means the containment or holding of
hazardous wastes pending treatment, recycling, reuse, recovery or disposal.
"Treatment" means any method, technique or process,
including incineration or neutralization, designed to change the physical,
chemical or biological character or composition of any hazardous waste so as
to neutralize such waste it or so as to render such
waste it less hazardous or nonhazardous, safer for transport,
amenable to recovery, amenable to or storage, or reduced
in volume. Such term includes any activity or processing designed to change the
physical form or chemical composition of a hazardous waste so as to render it
less hazardous or nonhazardous.
Part II
Initiation of Certification Process
9VAC20-40-50. Requirement of certification and waiver.
A. No person shall construct or commence construction of a
hazardous waste facility without first obtaining a certification of site
approval by the board in the manner prescribed here.
An owner or operator of a facility may submit a notice of
intent as prescribed in 9VAC20-40-60 below or submit a request for a
waiver from the procedures established in the Act and this chapter.
B. Upon receiving a written request from the owner or
operator of a facility, the board may grant a waiver upon such conditions as it
may determine, provided that the proposed changes to the facility are designed
to:
1. Prevent a threat to human health or the environment because
of an emergency situation;
2. Comply with federal or state laws and regulations promulgated
after July 1, 1984; or
3. Demonstrably result in safer or environmentally more
acceptable processes.
C. The waiver provisions of this chapter shall apply to
existing facilities when construction is defined to be:
1. The alteration or expansion of existing structures or
facilities to initially accommodate hazardous waste;
2. Any expansion of more than 50% of the area or capacity of
an existing hazardous waste facility; or
3. Any change in the design or process of a hazardous waste
facility that will result in a substantially different type of facility or will
cause the facility to be reclassified as a higher numbered category.
D. Emergency situation.
1. Scope of waiver:. The owner or operator of a
facility may be permitted to make changes which are designed to prevent a
threat to human health or the environment because of an emergency situation.
2. Applying for waiver:. The owner or operator
of the facility may obtain verbal approval from the director effective for a
period up to 30 days, unless revised by the board at its next regular meeting,
and, in addition, must submit the request for waiver in writing to the
director. The request at a minimum must contain the following information:
a. The name and address of the owner or operator or both of the
facility;
b. Location of the facility and a description of its
operation;
c. Description of the circumstances creating the emergency
situation;
d. Description of the resulting threat to human health or the
environment or both;
e. Description of the changes to be made in the facility; and
f. Efforts to restore the facility to original conditions of
certification after emergency conditions are abated.
3. The waiver:. Upon receipt of the request, the
director will grant or deny the request for waiver. In the event the director
grants the request for waiver, such waiver is subject to the approval of the council
board at its next regularly scheduled meeting. If the director denies
the request, the applicant may renew the request at the next regularly
scheduled meeting of the board.
E. State or federal laws; more acceptable process.
1. Scope of waiver:. The owner or operator of a
facility may be permitted to make changes which are designed to comply with
state or federal laws enacted or regulations promulgated after July 1, 1984, or
changes which demonstrably result in safer or environmentally more acceptable
processes.
2. Applying for waiver:. The owner or operator
of the facility must make the request in writing to the director. At a minimum
the request must contain the following information:
a. Name and address of the owner and/or or
operator of the facility;
b. Location of the facility and a description of its
operation; and
c. Either:
(1) A copy of the state or federal law or regulation
necessitating the change, if applicable, and a description of the changes to be
made in the facility to effect compliance with the law or regulation; or
(2) A description of the changes the owner or operator wishes
to make and an analysis demonstrating the improved safety or environmental
soundness resulting from the changes.
3. The waiver:. At its next regularly scheduled
meeting, the board will consider the request for waiver. The owner or operator
or his representative should attend the meeting. At the meeting the board may:
a. Grant the request for waiver;
b. Deny the request for waiver;
c. Determine that additional information is needed from the
owner or operator;
d. Decide that a public hearing is needed; or
e. Take any other action the board deems appropriate.
4. Should the board decide to hold a public hearing, it will
also determine from among the following who will conduct the hearing: a member
or members of the board, the director, or both, or a hearing officer,
or both; appointed from outside the board. The director will give notice of
the hearing to the same parties and in the same manner as described in
9VAC20-40-60 C, regarding distribution of the notice of intent. The owner or
operator shall provide the director with a list of the names and addresses of
all owners of property adjoining the facility. The notice of the hearing shall
specify the date, time, and location of the hearing and include a copy of the
request for waiver.
9VAC20-40-80. Briefing meeting.
A. Not more than 75 nor less than 60 days after the delivery
of the notice of intent to the host community, the board shall conduct a
briefing meeting in or in reasonable proximity to the host community. Notice of
the date, time, place and purpose of the briefing session shall be prepared by
the board and shall accompany the notice of intent delivered pursuant to
§ 10.1-1439 10.1-1437 of the Code of Virginia, and be
included in the notice published pursuant to § 10.1-1439 10.1-1437
of the Code of Virginia. At least one representative of the applicant shall be
present at the briefing meeting. The primary purpose of the briefing meeting
will be to provide information on the proposed site and facility and to receive
comments, suggestions and questions on them from the public.
B. The board shall select from among its membership a
briefing officer who will be responsible for conducting the meeting as follows:
1. The briefing officer will call the meeting to order and
explain the purpose of the briefing;
2. The applicant shall be allowed to give a presentation
describing the proposal and to respond to questions;
3. Persons asking questions shall be requested to state their
names, addresses, and interests in the project;
4. The briefing officer shall conduct the meeting in an
orderly manner while ensuring that all interested parties present are as fully
briefed as possible on the proposal; and
5. A stenographic or electronic record shall be made of all
briefing meetings. A transcript of the meeting, together with copies of any
documents submitted at the briefing, shall be made available for inspection at
the office of the board and host community during normal working hours.
C. If the board conducts additional briefing meetings, notice
of such meetings shall be provided as follows:
1. Notice of the date, time, place and purpose of the meeting
is delivered in writing to the applicant, each member of the governing body of
the host community, and to all owners of property adjoining the proposed site
at least 15 days in advance of the meeting;
2. Such notice is published once each week for at least two
successive weeks in a newspaper of general circulation in the host community;
3. Such notice is broadcast over one or more radio stations
within the area to be affected by the subject of the notice;
4. Such notice is mailed, by electronic or postal delivery, to
each person who has asked to receive notice; and
5. Such notice is disseminated by any additional means the
board deems appropriate.
9VAC20-40-90. Impact analysis.
A. The applicant shall submit a draft impact analysis in
accordance with § 10.1-1440 of the Code of Virginia and, in addition, shall
furnish a copy of the draft impact analysis to each person designated in that
section.
B. The draft impact analysis shall include:
1. A detailed assessment of the project's suitability with
respect to the criteria.
2. A cover letter signed by the applicant;
3. An executive summary providing a brief description of the
applicant's proposal, the impacts, and mitigating actions;
4. A site plan;
5. A full report addressing each of the following:
a. Effects on botanical resources;
b. Energy and water consumption;
c. Discharge of any substance, or of heat, in surface or
ground waters;
d. A description of any necessary clearing, excavating,
dredging, filling;
e. The types and amounts of wastes which will be accepted;
f. The process or processes to be employed including its basic
characteristics and principal limitations;
g. Planned operational safeguards and monitoring of the
facility following cessation of operations;
h. Emission of radiation; and
i. Solid waste disposal.
6. An ownership report containing:
a. A legal description of the applicant, including
identification of all principal participants;
b. A current audited financial statement or statements
prepared by a certified public accountant including the accountant's opinions;
c. A description of all liability insurance the applicant has
or plans to obtain for the proposed site and facility and a description of the
financial and managerial arrangements for closure and post-closure care of the
site;
d. A description of the applicant's experience in the field,
including any other hazardous waste facilities operated or owned currently or
in the past by the applicant and details of their compliance record; and
e. A description of how the applicant intends to finance the
project.
7. An appendix providing any supporting documentation.
C. The board, at the applicant's expense, shall cause notice
of the filing of the draft impact analysis to be made in the manner provided in
§ 10.1-1440 10.1-1447 of the Code of Virginia, within 10
days of receipt. The notice shall include (i) a general description of the
analysis, (ii) a list of recipients, (iii) a description of the places and
times that the analysis will be available for inspection, (iv) a description of
the board's procedures for receiving comments on the analysis, and (v) the
addresses and telephone numbers for obtaining information from the board.
D. The board shall allow 45 days after publication of notice
for comment on the draft impact analysis. No sooner than 30 and no more than 40
days after publication of notice of the draft impact analysis, the board shall
conduct a public meeting on the draft impact analysis in or near the host
community. The meeting shall be for the purpose of explaining, answering
questions and receiving comments on the draft impact analysis. A representative
of the governing body and a representative of the applicant shall be present at
the meeting.
E. The board will receive comments on the draft impact
analysis pursuant to the following procedures:
1. Comments on the draft analysis may be in writing and mailed
to the board within 45 days of publication of the notice for comment; and
2. Comments may be submitted in writing or by presentation
before the board at the public meeting conducted pursuant to § 10.1-1444 of the
Act. The meeting will be conducted in the same manner as the briefing meeting
in 9VAC20-40-80 B.
F. Within 10 days after the close of the comment period, the
board shall forward to the applicant a copy of all comments received on the
draft impact analysis, together with its own comments.
G. The applicant shall prepare and submit a final impact
analysis to the board after receiving the comments. The final impact analysis
shall reflect the comments as they pertain to each of the items listed in
subsection B of this section. A copy of the final impact analysis shall be
provided by the applicant upon request to each of the persons who received the
draft impact analysis.
H. Preparation and submission of the final impact analysis
will be in accordance with § 10.1-1440 of the Code of Virginia.
Part III
Application for Certification of Site Approval
9VAC20-40-100. Application.
A. At any time within six months after submission of the
final impact analysis, the applicant may submit to the board an application for
certification of site approval. The application shall contain:
1. A summary of the proposal including a general description
of the facility and the nature of the business;
2. Conceptual engineering designs for the proposed facility;
3. A copy of the final impact analysis which evaluates the
siting criteria;
4. A detailed description of the facility's suitability to
meet the criteria promulgated by the board, including any design and operation
means that will be necessary or otherwise undertaken to meet the criteria;
5. A siting agreement, if one has been executed pursuant to 9VAC20-40-100
subsections F and H of this section, 9VAC20-40-110 and
§ 10.1-1442 of the Code of Virginia, or, if none has been executed, a
statement to that effect.
B. Fees. The application shall be accompanied by the fee
established by the Fee Schedule Regulation of Fees for
Hazardous Waste Facility Site Certification (9VAC20-20).
C. Form of the application.
1. The application should be contained in one or more
three-ring loose-leaf binders preferably on 8-1/2 X 11 inch paper.
2. All maps required by this chapter shall be detachable, but
may be fold outs.
3. The summary shall be capable of separate reproduction and
distribution.
D. The director shall review the application for completeness
and notify the applicant within 15 days of receipt that the application is
incomplete or complete.
If the application is incomplete, the director shall so
advise the applicant and shall identify the information necessary to make the
application complete. The director shall take no further action until the
application is complete.
If the application is complete, the director shall so advise
the applicant and shall direct the applicant to furnish copies of the
application to the following: five to the host community and one to each person
owning property adjoining the proposed site. At least one copy of the
application shall be made available by the applicant for inspection and copying
at a convenient place in a host community during normal business hours.
E. The board shall cause notice of the application to be made
in the manner provided in § 10.1-1441 10.1-1447 of the Code
of Virginia, and shall notify each governing body that upon publication
of the notice the governing body must conclude all negotiations with the
applicant within 30 days. The applicant and the governing body may, by
agreement, extend the time for negotiation to a fixed date but shall forthwith
notify the board of this date. The board may also extend the time to a fixed
date for good cause shown.
F. At the end of the period specified in subsection E of this
section, a governing body shall submit to the board and to the applicant a
report containing:
1. A complete siting agreement, if any, or in case of failure
to reach full agreement, a description of points of agreement and unresolved
points; and
2. Any conditions or restrictions on the construction,
operation or design of the facility that are required by local ordinance.
G. If the report is not submitted within the time required,
the board may proceed as specified in § 10.1-1443 A of the Code of Virginia.
H. The applicant may submit comments on the report of the
governing body at any time prior to the issuance of the draft certification of
site approval.
9VAC20-40-110. Negotiations; role of board; good faith
required.
A. The governing body or its designated representatives and
the applicant, after submission of notice of intent to file an application for
certification of site approval, may meet to discuss any matters pertaining to
the site and the facility, including negotiations of a siting agreement. The time
and place of any meeting shall be set by agreement, but at least a 48-hour
notice shall be given to members of the governing body and the applicant.
B. The board shall assist in facilitating negotiations
between the local governing body and the applicant to the extent of
recommending a mediator or other conflict resolution mechanism, but shall not
become integrally involved in the siting agreement negotiations.
C. The siting agreement may include any terms and conditions,
including mitigation of adverse impacts and financial compensation to the host
community, concerning the facility. In the event that a provision of a siting
agreement conflicts with state or federal law, the state or federal law shall
prevail.
D. The siting agreement shall be executed by the signatures
of (i) the chief executive officer of the host community, who has been so
directed by a majority vote of the local governing body, and (ii) the applicant
or authorized agent.
E. Determination of agreement.
1. If the report submitted by the governing body pursuant to
§ 10.1-1442 10.1-1441 of the Code of Virginia indicates that
no siting agreement has been reached and contains a written allegation that the
applicant has failed or refused to negotiate in good faith, the director shall
issue notice to the applicant and host community of the board's intention to
hold an informal conference pursuant to § 2.2-4019 of the Virginia
Administrative Process Act. The notice shall state the time, place and date of
such conference. The purpose shall be to determine the sole issue of whether or
not the applicant has failed or refused to negotiate in good faith with the
governing body in developing a siting agreement.
2. If the board finds that the governing body has shown by a
preponderance of the evidence that the applicant has failed or refused to
negotiate in good faith with the governing body for the purpose of attempting
to develop a siting agreement, the board may deny the application for
certification of site approval. Such a finding shall constitute final action by
the board.
3. If the board finds that the governing body has not shown by
a preponderance of the evidence that the applicant has failed or refused to
negotiate in good faith with the governing body for the purpose of attempting
to develop a siting agreement, the board may issue the draft certification of
site approval pursuant to § 10.1-1443 of the Code of Virginia. Such finding
shall not be considered final action by the board.
VA.R. Doc. No. R16-4628; Filed June 27, 2016, 2:16 p.m.
TITLE 9. ENVIRONMENT
VIRGINIA WASTE MANAGEMENT BOARD
Final Regulation
REGISTRAR'S NOTICE: The
Virginia Waste Management Board is claiming an exemption from Article 2 of the
Administrative Process Act in accordance with § 2.2-4006 A 3, which
excludes regulations that consist only of changes in style or form or
corrections of technical errors. The Virginia Waste Management Board will
receive, consider, and respond to petitions by any interested person at any
time with respect to reconsideration or revision.
Title of Regulation: 9VAC20-50. Hazardous Waste
Facility Siting Criteria (amending 9VAC20-50-40, 9VAC20-50-100).
Statutory Authority: §§ 10.1-1434 and 10.1-1436 of
the Code of Virginia.
Effective Date: August 24, 2016.
Agency Contact: Leslie A. Romanchik, Department of
Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218,
telephone (804) 698-4129, FAX (804) 698-4234, TTY (804) 698-4021, or email
leslie.romanchik@deq.virginia.gov.
Summary:
The amendments make technical corrections to two
definitions to make them consistent with state statute, remove a reference to a
state hazardous waste transportation permit since hazardous waste transporter
permits are no longer required by statute, and make corrections to lists of
responsible agencies and their associated contact information that are
referenced in the regulation.
Article 2
Definitions
9VAC20-50-40. Words and terms.
Section 10.1-1433 of the Code of Virginia defines several
words and terms also used in this chapter. Unless the context clearly indicates
otherwise, these words and terms will have the same meaning when used in this
chapter. In addition, the following words and terms, when used in this chapter
shall have the following meaning, unless the context clearly indicates
otherwise.
"Act" means §§ 10.1-1433 through 10.1-1449 of the
Code of Virginia.
"Active fault" means a fault which has had
displacement in Holocene time.
"Active portion" means that portion of a facility
where treatment, storage or disposal operations are being conducted. It
includes the treated area of a land farm and the active face of a landfill, but
does not include those portions of a facility which have been closed in
accordance with all applicable closure requirements of the Virginia Department
of Environmental Quality.
"Anion exchange capacity (A.E.C.)" means the
exchange capacity for negatively charged ions. (See Cation exchange capacity.)
"Anti-degradation goal for groundwater" means if
the concentration of any constituent in groundwater is less than the limit set
forth by groundwater standards, the natural quality for the constituent shall
be maintained; natural quality shall also be maintained for all constituents,
including temperature, not set forth in groundwater standards. If the
concentration of any constituent in groundwater exceeds the standards for that
constituent, no addition of that constituent to the naturally occurring
concentration shall be made.
"Applicant" means the person applying for
certification of site suitability or submitting a notice of intent to apply for
that.
"Aquifer" means water-bearing geologic formation,
group of formations, or part of a formation that is capable of yielding a
significant amount of groundwater to wells or springs. An aquifer is unconfined
(water table) or confined (artesian) according to whether the upper surface of
the water is at atmospheric pressure or at greater than atmospheric pressure.
"Attenuation" means any decrease in the maximum
concentration or total quantity of a chemical or biological constituent during
a fixed time or distance traveled.
"Board" means the Virginia Waste Management Board.
"Buffering capacity" means the capacity of a soil
to take up contaminants through a variety of attenuation processes such as
biological activity, dilution, volatilization, mechanical filtration,
precipitation, buffering, neutralization and ion exchange. Some attenuation
processes result in permanent removal and degradation of pollutants, which
others act to store pollutants and by that delay pollution problems but do not
eliminate them.
"Cation exchange capacity (C.E.C.)" means
the excess of counter ions in the zone adjacent to the charged surface or layer
which can be exchanged for other cations. The C.E.C. cation exchange capacity
of geological materials is normally expressed as the number of milliequivalents
of cations that can be exchanged in a sample with a dry mass of 100 grams.
"Closure" means the act of securing a hazardous
waste management facility pursuant to the requirements of Virginia Hazardous
Waste Management Regulations (9VAC20-60) promulgated by the board.
"Community water system" means a waterworks which
serves at least 15 service connections used by year-round residents or
regularly serves at least 25 year-round residents.
"Construction" means (i) with respect to new
facilities, the significant alteration of a site to install permanent equipment
or structures or the installation of permanent equipment and structures; (ii)
with respect to existing facilities, the alteration or expansion of existing
structures or facilities to initially accommodate hazardous waste, any
expansion of more than 50% of the area or capacity of an existing hazardous
waste facility, or any change in design or process of a hazardous waste
facility that will, in the opinion of the board, result in a substantially
different type of facility. It does not include preliminary engineering or site
surveys, environmental studies, site acquisition, acquisition of an option to
purchase or activities normally incident hereto.
"Container" means any portable enclosure in which a
material is stored, transported, treated, disposed of, or otherwise handled.
"Dam-related flood hazard areas" means areas
identified as being dam-related flood hazard areas which fall into one of two
categories: areas of dynamic flooding below the dam, or the inundation zone,
and areas of static flooding above the dam, or the flood pool. The inundation
zone is the area that would be inundated by the water released by the impoundment
in the event of a dam flood. The flood pool is defined as the land area above
the dam which is prone to flooding during abnormally high runoff or
precipitation.
"Disposal" means the discharge, deposit, injection,
dumping, spilling, leaking, or placing of any solid waste or hazardous waste
into or on any land or water so that such solid waste or hazardous waste or any
constituent thereof may enter the environment or be emitted into the air or
discharged into any waters, including groundwaters.
"Disposal facility" means a facility or part of a
facility at which hazardous waste is intentionally placed into or on any land
or water, and at which the waste will remain after closure.
"Endangered or threatened species habitat" means
areas known to be inhabited on a seasonal or permanent basis by or to be
critical at any stage in the life cycle of any wildlife (fauna) or vegetation
(flora) identified as "endangered" or "threatened" species
on official federal or state lists of endangered or threatened species,
including the Endangered Species Act, 16 USC § 1531 et seq., the Virginia
Endangered Species Act, § 29.1-563 et seq. of the Code of Virginia,
and the Virginia Endangered Plant and Insect Species Act, § 3.1-1020 3.2-1000
et seq. of the Code of Virginia, or under active consideration for state
or federal listing. The definition also includes a sufficient buffer area to
ensure continued survival of the species.
"Floodplain" means an area adjoining a river,
stream or water course which has been or hereafter is likely to be covered by
floodwaters.
Included in this category are coastal flood hazards which are
defined as land areas adjacent to open coast, coastal sounds and their upstream
estuaries which are prone to flooding from hurricanes and storm surges with an
annual probability of 1.0%.
Also included in this definition are riverine flood hazard
areas defined as the valley areas adjacent to any size waterway which can be
covered by flood waters resulting from excessive rainfall or other factors. The
riverine flood hazard areas also fall under the Federal Emergency Management
Administration definition of a "Regulatory Floodway" under the
National Flood Program. A regulatory floodway includes the channel of the river
and the adjacent floodplain that must be reserved in order to discharge the
base flood (the flood level anticipated in the 100-year flood plain). The
regulatory floodway cannot cause a cumulative increase in the water surge
elevation of the base flood of greater than one foot at any point.
"Groundwater" means any water, except capillary
moisture beneath the land surface in the zone of saturation or beneath the bed
of any stream, lake, reservoir or other body of surface water within the
boundaries of this state, whatever may be the subsurface geologic structure in
which such water stands, flows, percolates or otherwise occurs.
"Groundwater quality" means the quality of
groundwater as measured against drinking water criteria and standards
established by the U.S. EPA and the State Department of Health and adopted by
the Virginia State Water Control Board.
"Hazardous waste" means a solid waste classified as
a hazardous waste by the Virginia Hazardous Waste Management Regulations,
9VAC20-60.
"Hazardous waste facility" means any facility,
including land and structures, appurtenances, improvements and equipment for
treatment, storage, or disposal of hazardous wastes, which accepts hazardous
waste for storage, treatment or disposal. This definition does not include: (i)
facilities which are owned and operated by and exclusively for the on-site
treatment, storage or disposal of wastes generated by the owner or operator;
(ii) facilities for the treatment, storage or disposal of hazardous wastes used
principally as fuels in an on-site production process; and (iii) facilities
used exclusively for the pretreatment of wastes discharged directly to a
publicly owned sewage treatment works and storage/treatment facilities.
"Hundred-year flood" means a flood of that level
which on the average will have a 1.0% chance of being equaled or exceeded in
any given year at designated locations.
"Hydraulic conductivity" means the rate of flow of
water in gallons per day through a cross section of one square foot under a
unit hydraulic gradient, at the prevailing temperature (Permeability
coefficient).
"Hydraulic gradient" means the change in hydraulic
pressure per unit of distance in a given direction.
"Incinerator" means an enclosed device using
controlled flame combustion, the primary purpose of which is to thermally break
down hazardous waste.
"Injection well" means a well or bore hole into
which fluids are injected into selected geologic horizons. (See also
underground injection.)
"Inundation zone (below a dam)" means the area that
would be inundated in the event of a dam failure.
"Karst topography" means a type of topography that
may form over limestone, dolomite, or gypsum formations by dissolving or
solution, and that is characterized by closed depressions or sinkholes, caves,
and underground drainage.
"Land treatment facility" means a facility or part
of a facility at which hazardous waste is applied onto or incorporated into the
soil surface; such facilities are disposal facilities if the waste will remain
after closure.
"Landfill" means a disposal facility or part of a
facility where waste is placed in or on land and which is not a treatment
facility, a surface impoundment or an injection well.
"Leachate" means a liquid, including any suspended
components in the liquid, that has percolated through or drained from hazardous
waste.
"Monitoring" means all procedures used to
systematically inspect and collect data on operational parameters of the
facility or on the quality of the air, groundwater, surface water or soils.
"Monitoring well" means a well used to obtain water
samples for water quality analysis or to measure depth to groundwater table.
"Noncommunity water system" means a waterworks that
is not a community waterworks, but operates at least 60 days of the year and is
for transient use such as restaurants, campgrounds, or rest areas.
"Pile" means any noncontainerized accumulation of
solid, nonflowing hazardous waste that is used for treatment or storage.
"Point source" means any discernible, confined and
discrete conveyance, including, but not limited to any pipe, ditch, channel,
tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated
animal feeding operation, or vessel or other floating craft, from which
pollutants are or may be discharged. This term does not include return flows
from irrigated agriculture.
"Private water system" means all systems not
defined under community/noncommunity water systems.
"Proximity to an active fault" means located such
that potential vibration of a known active fault as defined under "seismic
risk zones" or "seismogenic volume" in this chapter may
adversely affect the physical integrity of the facility, or such that ground
and surface waters associated with such fault may be degraded.
"Proximity to a community/noncommunity water system and
supply of groundwater" means a site which is located such that the
geologic features or characteristics of the site may lead to degradation of the
aquifer as a result of operations or in the event of an accident or spill.
"Proximity to a community/noncommunity water system and
supply of surface water" means within 1/2 mile of either side of a stream
or impoundment for a distance of five stream miles upstream including
tributaries, and 1/10 of a mile downstream of any nontidal surface water intake
for a public water supply. On tidal affected streams, the site shall be such
greater distance than 1/10 of a mile downstream that the tidal action would not
cause intake of waters that may be affected by run-off, etc., from the site
location. More restrictive requirements of other state regulatory agencies
shall apply.
"Proximity to a private water system and supply of
surface or groundwater" means a site which is located such that the
geologic features or characteristics of the site may lead to degradation of the
aquifer as a result of operations or in the event of an accident or spill.
"Proximity to publicly designated areas" means a
site which is located such that the construction and operation of the proposed
facility may impair the environmental and aesthetic qualities of the area.
"Publicly designated areas" means publicly owned
lands designated as seashore areas, wilderness or scenic areas, scenic rivers,
wildlife or bird sanctuaries, game lands, state parks and recreation areas and
other natural areas. Also included are lands on or proposed for inclusion on
the National Register of Historic Places, National Natural Landmarks, Virginia
Landmarks Register and scenic easements held by the Virginia Outdoors
Foundation. These lands must have been designated or be pursuant to an ongoing
program as of the date of the notice of intent.
"Recharge" means natural or artificial
replenishment or storage of nondegrading (quality) water in an aquifer.
"Run-off" means any rainwater, leachate, or other
liquid that drains over land from any part of a facility.
"Run-on" means any rainwater, leachate, or other
liquid that drains over land onto any part of a facility.
"Saprolite" means a soft, earthy, clay-rich,
thoroughly decomposed rock formed in place by chemical weathering of igneous
and metamorphic rocks.
"Saturated zone (zone of saturation)" means that
part of the earth's crust in which all voids are filled with water under
pressure greater than that of the atmosphere.
"Scenic rivers" means rivers designated by the
Virginia General Assembly under the Scenic Rivers Act (§ 10.1-400 et seq.
of the Code of Virginia) as worthy of preservation based on their unique
environmental and aesthetic characteristics.
"Seismic risk zones" means an area where an active
fault which has had displacement in Holocene time is present or which has had
historical earthquake activity in Modified Mercalli VII or Richter Scale 4, or
greater.
"Seismogenic volume" means a seismic risk zone of
upper crustal rocks where earthquakes are occurring now or in the historic
past, or both and that extends from the surface of the earth down to depths of
15-20 kilometers. Such volumes are susceptible to strong seismic shaking
(Modified Mercalli Intensity VII or Richter Magnitude 5 or greater) as well as
faulting and movement of subsurface rock layers.
"Site" means the land or water area upon which a
facility or activity is physically located or conducted including but not
limited to adjacent land used for utility systems such as repair, storage,
whipping or processing areas, or other areas incident to the hazardous waste
facility or activity.
"Soil pH" means the negative log of the hydrogen
ion concentration, which commonly ranges from a high (acid) of 0 to a low
(alkaline) of 14, neutral being seven.
"Soil/saprolite layer" means the unconsolidated
materials derived primarily from the in-place weathering of underlying geologic
deposits. Saprolite is specifically the unconsolidated weathering product of
crystalline bedrock which retains relic bedrock structure. Thickness of the
soil/saprolite layer is the depth from the surface to bedrock.
"State waters" means all water, on the surface and
under the ground, wholly or partially within or bordering the state or within
its jurisdiction. For the purpose of this chapter, adjacent wetlands are
included in this definition.
"Static water level" means the level at which water
stands in a well when no water is being taken from the aquifer either by
pumping or by free flow.
"Storage" means the containment or holding of
hazardous waste pending treatment, recycling, reuse, recovery or disposal.
"Storage facility" means any hazardous waste
facility which stores hazardous waste.
"Subsidence" means the lowering of the natural land
surface in response to: earth movements; lowering of fluid pressure; removal of
underlying supporting material by mining or solution of solids, either
artificially or from material causes; compaction due to wetting
(hydrocompaction) or from material causes; oxidation of organic matter in
soils; or added load on the land surface.
"Subsurface mining areas" means areas where deep
mining or removal by drilling of minerals or mineral fuels or pumping of
groundwater has resulted in a potential for land subsidence.
"Surface impoundment" means a facility or part of a
facility which is a natural topographic depression, manmade excavation, or
diked area formed primarily of earthen materials (although it may be lined with
manmade materials), which is designed to hold an accumulation of liquid wastes
or wastes containing free liquids, and which is not an interjection well or a
seepage facility.
"Thermal treatment" means treatment of hazardous
waste in a device which uses elevated temperatures as the primary means to
change the chemical, physical or biological character or composition of the
hazardous waste.
"Transfer facility" means any transportation
related to facility including loading docks, parking areas, storage areas and
other similar areas where shipments of hazardous waste are held during the
normal course of transportation.
"Treatment" means any method, technique, or process,
including incineration or neutralization, designed to change chemical,
the physical, chemical, or biological character or composition of
any hazardous waste so as to neutralize such waste; so as it
or to render such waste nonhazardous or it less hazardous,
or safe or nonhazardous, safer for transport or disposal,
amenable for recovery, amenable for or storage, or reduced
in volume.
"Underground injection" means the subsurface
emplacement of fluids through a bored, drilled, jetted, driven, or dug well,
where the depth of the well is greater than the largest surface dimension (See
also injection well).
"Unsaturated zone (zone of aeration)" means the
zone between the topographic surface and water table.
"Uppermost aquifer" means the geologic formation
nearest the natural ground surface that is an aquifer, as well as lower
aquifers that are hydraulically interconnected with this aquifer.
"Water table" means the upper surface of the zone
of saturation in groundwaters in which the hydrostatic pressure is equal to
atmospheric pressure. (See uppermost aquifer.)
"Water well" means an excavation with associated
casing, which is drilled, cored, bored, washed, driven, dug, jetted, or
otherwise constructed when the intended use of such excavation is for the
location, testing, acquisition, artificial recharge, or storage of groundwater,
the depth of which is greater than the diameter or width.
"Waterworks" means a system that serves piped water
for drinking or domestic use of (i) the public, (ii) at least 15 connections,
or (iii) an average of 25 individuals for at least 60 days of the year. The
term waterworks shall include all structures, equipment, and appurtenances used
in the storage, collection, purification, treatment, and distribution of pure
water except the piping and fixtures inside the building where such water is
delivered.
"Well" means any shaft or pit dug, drilled, jetted,
driven, or bored into the earth, generally of a cylindrical form, and often
cased with bricks or tubing to prevent the earth from caving in, whose depth is
greater than the largest surface dimension.
"Well yield" means average water yield in gallons
per minute obtained from wells trapping the uppermost aquifer below a specific
site or site vicinity.
"Wetlands" means areas inundated by surface or
groundwater with a frequency sufficient to support, under normal circumstances,
a prevalence of vegetated or aquatic life requiring saturated or seasonally
saturated soil conditions for growth or reproduction.
Part IV
Related Permits and Reviews
9VAC20-50-100. Additional agency approval.
A. To avoid duplication to the maximum extent feasible
with existing agencies and their areas of responsibility, related agency
approvals are listed below in subsection B of this section as
notification to the applicant that these permits and reviews may apply in
accordance with the type of facility proposed.
A. B. Permits.
1. Hazardous waste facility management.
a. Regulatory agency:
Virginia Waste Management Board.
b. State permit required:
Facility management or transportation.
c. Statutory authority:
(1) Chapter 11.1 (§ 10.1-1182 et seq.) of Title 10.1 of the
Code of Virginia and the Virginia Waste Management Act, Chapter 14 (§ 10.1-1400
et seq.) of Title 10.1 of the Code of Virginia.
(2) Virginia Hazardous Waste Management Regulations,
9VAC20-60.
d. Contact:
Department of Environmental Quality
P.O. Box 1105
Richmond, VA 23218
(804) 698-4000
2. Air emissions.
a. Regulatory agency:
State Air Pollution Control Board.
b. State permit required:
Stationary sources
Hazardous pollutants
Open burning
c. Statutory authority, rules and regulations:
(1) Virginia Air Pollution Control Law.
(2) Federal Clean Air Act (42 USC § 7401 et seq.)
and amendments.
(3) Hazardous Air Pollutant Sources, 9VAC5-60 and Permits for
Stationary Sources, 9VAC5-80.
d. Contact:
Department of Environmental Quality
P.O. Box 1105
Richmond, VA 23218
(804) 698-4000
3. Discharges into state waters.
a. Regulatory agency:
State Water Control Board.
b. State discharge permit required:
(1) Virginia Pollutant Discharge Elimination System (NPDES).
(2) No discharge certificate.
c. Statutory authority, rules and regulations:
(1) Federal Water Pollution Control Act Amendments of 1972 (33
USC § 1251 et seq.).
(2) State Water Control Law, (§ 62.1-44.2 et seq. of
the Code of Virginia).
d. Contact:
Department of Environmental Quality
P.O. Box 1105
Richmond, VA 23218
(804) 698-4000
4. Land disturbance.
a. Regulatory agency:
Virginia Soil and Water Conservation State Water
Control Board or local government, or both.
b. State requirement:
Erosion and sediment control plan.
c. Statutory authority, rules and regulations:
(1) Erosion and sediment control law (§§ 10.1-560 62.1-44.15:51
et seq. of the Code of Virginia).
(2) Virginia Erosion and Sediment Control Handbook.
d. Contact:
Department of Conservation and Recreation Environmental Quality
203 Governor Street, Suite 213 P.O. Box 1105
Richmond, VA 23219-2094 23218
(804) 786-1712 698-4000
5. Wetlands, subaqueous lands, and dunes.
a. Regulatory agencies:
Virginia Marine Resources Commission (VMRC) (Clearinghouse for
permits)
Local wetlands boards
Virginia Department of Environmental Quality (VDEQ)
U.S. Army Corps of Engineers (USACE)
b. Permit required:
VMRC and local wetland boards: Use or development of any
wetland within Tidewater, Virginia
VMRC: Coastal Dunes
VMRC, VDEQ and USACE: Tidal Wetlands and Subaqueous Land
VDEQ and USACE: Nontidal Wetlands
VDEQ: Isolated Wetlands
USACE: Activities in the navigable waters of the United
States, degradation of the quality of water, and transportation and dumping of
dredged material.
c. Statutory authority, rules and regulations:
(1) Virginia Wetlands Act (§ 28.2-1300 et seq.
of the Code of Virginia.).
(2) Virginia Water Control Law (§§ 62.1-44.15 and
62.1-44.15:5 Waters of the State, Ports and Harbors (Title 62.1 of
the Code of Virginia.).
(3) Local wetland zoning ordinances.
(4) Federal Water Pollution Control Act (Clean Water Act, 33
USC § 1251 et seq.) §§ 401 and 404.
(5) Rivers and Harbors Act of 1894 (33 USC § 1371).
(6) Marine Protection Research and Sanctuary Act (16 USC
§§ 1431-1434; 33 USC §§ 1401, 1402, 1411-1421, 1441-1444).
d. Contact:
(1) Assistant Commissioner for Habitat Management
Marine Resources Commission
2600 Washington Avenue, 3rd Floor
Newport News, VA 23607
(757) 247-2200
(2) Department of Environmental Quality
P.O. Box 1105
Richmond, VA 23218
(804) 698-4000
(3) District Engineers
U.S. Army Corps of Engineers
Norfolk District
803 Front Street
Norfolk, VA 23510 23508
B. C. Reviews. Applications for permits may
result in a review and comment process by state agencies. Such reviews may
include comments concerning historic landmarks, archaeological sites, caves,
best management practices, fisheries, and parks and recreation. Further
information on review procedures can be obtained by contacting,
Department of Environmental Quality, P.O. Box 1105, Richmond, VA, 23218;
or (804) 698-4000.
VA.R. Doc. No. R16-4636; Filed June 27, 2016, 2:19 p.m.
TITLE 9. ENVIRONMENT
VIRGINIA WASTE MANAGEMENT BOARD
Final Regulation
REGISTRAR'S NOTICE: The
following regulatory action is exempt from Article 2 of the Administrative
Process Act in accordance with § 2.2-4006 A 4 c of the Code of Virginia,
which excludes regulations that are necessary to meet the requirements of
federal law or regulations provided such regulations do not differ materially
from those required by federal law or regulation. The Virginia Waste Management
Board will receive, consider, and respond to petitions by any interested person
at any time with respect to reconsideration or revision.
Title of Regulation: 9VAC20-110. Regulations
Governing the Transportation of Hazardous Materials (amending 9VAC20-110-110).
Statutory Authority: §§ 10.1-1450 and 44-146.30 of the
Code of Virginia; 49 USC §§ 1809 through 1810; 49 CFR Parts 107, 170 through
180, 383, and 390 through 397.
Effective Date: August 24, 2016.
Agency Contact: Debra A. Harris, Planning and Policy
Specialist, Department of Environmental Quality, P.O. Box 1105, Richmond, VA
23218, telephone (804) 698-4209, or email debra.harris@deq.virginia.gov.
Summary:
The amendment incorporates into Virginia regulation certain
amendments promulgated by the U.S. Secretary of Transportation and made to
federal regulations governing the transportation of hazardous materials as of
October 1, 2015.
Part III
Compliance with Federal Regulations
9VAC20-110-110. Compliance.
Every person who transports or offers for transportation
hazardous materials within or through the Commonwealth of Virginia shall comply
with the federal regulations governing the transportation of hazardous
materials promulgated by the United States U.S. Secretary of
Transportation with amendments promulgated as of October 1, 2014 2015,
pursuant to the Hazardous Materials Transportation Act, and located at Title 49
of the Code of Federal Regulations as set forth below and which are
incorporated in these regulations by reference:
1. Special Permits. 49 CFR Part 107, Subpart B.
2. Registration of Cargo Tank and Cargo Tank Motor Vehicle
Manufacturers, Assemblers, Repairers, Inspectors, Testers, and Design
Certifying Engineers in 49 CFR Part 107, Subpart F.
3. Registration of Persons Who Offer or Transport Hazardous
Materials in 49 CFR Part 107, Subpart G.
4. Hazardous Materials Regulations in 49 CFR Parts 171 through
177.
5. Specifications for Packagings in 49 CFR Part 178.
6. Specifications for Tank Cars in 49 CFR Part 179.
7. Continuing Qualification and Maintenance of Packagings in
49 CFR Part 180.
8. Motor Carrier Safety Regulations in 49 CFR Parts 390
through 397.
VA.R. Doc. No. R16-4683; Filed June 23, 2016, 2:08 p.m.
TITLE 9. ENVIRONMENT
VIRGINIA WASTE MANAGEMENT BOARD
Final Regulation
REGISTRAR'S NOTICE: The
Virginia Waste Management Board is claiming an exemption from the
Administrative Process Act in accordance with § 2.2-4002 B 4 of the
Code of Virginia, which exempts regulations relating to grants of state or
federal funds or property.
Title of Regulation: 9VAC20-150. Waste Tire End User
Reimbursement Regulation (amending 9VAC20-150-10, 9VAC20-150-40,
9VAC20-150-50, 9VAC20-150-80, 9VAC20-150-100 through 9VAC20-150-130; adding
9VAC20-150-25; repealing 9VAC20-150-30).
Statutory Authority: §§ 10.1-1402 and 10.1-1422.4
of the Code of Virginia.
Effective Date: July 25, 2016.
Agency Contact: Leslie D. Beckwith, Department of
Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218,
telephone (804) 698-4123, FAX (804) 698-4234, TTY (804) 698-4021, or email
leslie.beckwith@deq.virginia.gov.
Summary:
The amendments revise terminology for consistency with
state statute, make clarifying changes, and amend the reporting requirements
for waste tires that qualify an eligible end user for reimbursement.
Part I
Definitions
9VAC20-150-10. Definitions.
A. The definitions set out in Part I of the Solid Waste
Management Regulations (9VAC20-81) are incorporated by reference.
B. The following words and terms, when used in this chapter,
shall have the following meanings, unless the context clearly indicates otherwise:
"Applicant" means any person or persons seeking
reimbursement under this chapter.
"Asphalt pavement containing recycled rubber" means
any hot mix or spray applied binder in asphalt paving mixture that contains
rubber from waste tire materials which is used for asphalt pavement base,
surface course or interlayer, or other road and highway related uses.
"Authorized signature" means the signature of an
individual who has authority to sign on behalf of, and bind, the applicant.
"Available funds" means for a given fiscal year, a
maximum of 80% of the previous fiscal year's collection of the waste tire tax
plus 85% of nonobligated carryover funds at the end of the previous fiscal
year.
"Burning" means the controlled burning of waste
tire materials for the purpose of energy recovery.
"Collector" means a person who receives waste
tires from a generator or hauler for the purpose of delivery to a permitted
storage, processing, or disposal facility.
"Cost of use" means the equipment, leasehold
improvements, buildings, land, engineering, transportation, operating, taxes,
interest, and depreciation or replacement costs of using waste tire materials
incurred by the end user after deducting any tipping fee received by the end
user.
"Daily cover" means using waste tire material as an
alternate cover placed upon exposed solid waste to control disease vectors,
fires, odors, blowing litter and scavenging without presenting a threat to
human health and the environment.
"Department" means the Department of Environmental
Quality.
"Director" means the Director of the Department of
Environmental Quality or the director's designee.
"Embankment" means a raised earthen structure to
carry a roadway.
"End user" means:
1. For energy resource recovery:,
the person who utilizes the heat content or other forms of energy from the burning
incineration or pyrolysis of waste tire tires, chips, or
similar materials;
2. For other eligible uses: of waste tires, the
last person who uses the waste tire tires, chips, or similar
materials to make a product with economic value. If the waste tire materials
are is processed by more than one person in becoming a product, the
end user is the last person to use the tire as waste a tire materials,
tire chips, or as similar material. A person who produces waste distributes
tire chips or similar materials and gives or sells them to another
person to use is not an end user.
"Energy recovery" means utilizing the heat content
or other forms of energy from the burning or pyrolysis of waste tire materials.
"Fill material for construction" means the material
is used as a base or sub-base under the footprint of a structure, a paved
parking lot, sidewalk, walkway or similar application.
"Generator" means any person whose act or process
produces waste tires or whose act first causes a tire to become a solid waste.
"Hauler" means a person who picks up or transports
waste tires for the purpose of removal to a permitted storage, processing or
disposal facility.
"Partial reimbursement" means reimbursement that
does not exceed the purchase price of waste tire materials or the cost of use
if the waste tire materials were not purchased.
"Passenger tire equivalent" means a measure of
passenger, truck tires, and oversize tires where: One passenger car tire equals
20 pounds or 1/100 ton. One truck tire 20-24 inch rim equals 100 pounds or
1/200 ton and a tire with over 24-inch rim equals 200 pounds or greater as
computed by the end user.
"Processor" means a person engaged in the
processing of waste tires including, but not limited to, stamping, stripping,
shredding, or crumbing; that operates under a permit issued by the local,
state, or federal government; or is exempt from permit requirements.
"Pyrolysis" means thermal treatment of waste tire
materials to separate it into other components with economic value.
"Retreading" means processing a waste tire by
attaching a new tread to make a usable tire.
"Road bed base" means the foundation of a road
prepared for surfacing.
"Tipping fee" means a fee charged to a person for
disposal of a waste tire.
"Tire" means a continuous solid or pneumatic rubber
covering encircling the wheel of a vehicle in which a person or property is
transported, or by which they may be drawn on a highway.
"Tire pile" means an accumulation of waste tire
materials that violates the Solid Waste Management Regulations (9VAC20-81).
"Waste tire" means a tire that has been discarded
because it is no longer suitable for its original intended purpose because of
wear, damage or defect.
"Waste tire materials" means whole waste tires or
waste tires that have been size reduced by physical or chemical process. This
term includes waste tires or chips or similar materials as specified in §§
10.1-1422.3 and 10.1-1422.4 of the Code of Virginia.
"Waste Tire Trust Fund" means the nonreverting fund
set up by § 10.1-1422.3 of the Code of Virginia in which proceeds from the waste
tire tax recycling fee are deposited.
9VAC20-150-25. Compliance with other requirements.
Any removal or processing of waste tires must be conducted
in accordance with all applicable local, state, and federal laws and
regulations and in accordance with applicable departmental policies.
9VAC20-150-30. Regulations review. (Repealed.)
This chapter will be reviewed every six months by the
director to determine whether the regulations should be continued, amended, or
terminated based on the intent to enhance markets for waste tires, chips, or
similar tire materials that is specified in the authorizing legislation.
Part III
Eligibility for Reimbursement
9VAC20-150-40. End uses of waste tires eligible for
reimbursement.
A. The following uses of waste tire materials will be
eligible for the reimbursement if the use complies with applicable local
ordinances and regulations and the Solid Waste Management Regulations
(9VAC20-81) or the equivalent regulations in another state. The eligible uses
are:
1. Civil engineering applications, which utilize waste tire
materials as a substitute for soil, sand, or aggregate in a construction
project such as land or surface applications, road bed base and embankments;
fill material for construction projects; and daily cover and other
substitutions at a permitted solid waste facility if the facility's permit is
so modified;
2. Burning Incineration of waste tire materials
for energy recovery; and
3. Pyrolysis; and.
4. Products B. Producing products made from
waste tire materials such as molded rubber products, rubberized asphalt, soil
amendments, playground and horse arena surfacing materials, mulches, mats,
sealers, etc. is eligible for end user reimbursement.
B. C. Uses that are not eligible for
reimbursement include:
1. Reuse as a vehicle tire;
2. Retreading;
3. Burning without energy recovery; and
4. Landfilling, except use as specified in subdivision A 1 of
this section.
9VAC20-150-50. Eligible end users.
A. To be eligible for a reimbursement, the applicant shall be
the end user of the waste tire materials as defined in Part I of this chapter.
The end user need not be located in Virginia.
B. To be eligible for a reimbursement, the waste tire
materials utilized by the end user must be:
1. Waste tire materials from waste tires generated in Virginia
and be documented as such according to the requirements in Part V of this
chapter; and
2. Utilized through a method specified in 9VAC20-150-40.
C. Distributors of products made from waste tire materials
listed in 9VAC20-150-40 B are not eligible for end user reimbursement.
9VAC20-150-80. Maximum rate of reimbursement.
A. The maximum amount of the reimbursement for waste
tires specified in 9VAC20-150-100 A 1 shall be $22.50.
B. The maximum amount of the reimbursement for waste
tires specified in 9VAC20-150-100 A 2 and A 3 shall be $50 per ton,
increasing to $75 per ton beginning October 25, 2002, and $100 per ton beginning
July 1, 2003, subject to available funding.
Part V
Virginia Generated Waste Tires
9VAC20-150-100. Qualification as Virginia generated waste
tires.
A. A Virginia generated waste tire is a waste tire that is:
1. Discarded as the result of a sale, trade, or exchange in
Virginia;
2. From a Virginia tire pile that existed prior to December
20, 1994; or
3. From a Virginia tire pile that was created without the
property owner's knowledge or permission.
B. Tires qualifying for subdivision A 2 or A 3 of this
section must be certified as such through a field inspection conducted by the
department using department form DEQ-CERT 12/97.
C. Before removal of any tires from a site which meets the
criteria of subdivision A 2 or A 3 of this section, a hazard prevention plan,
prepared in accordance with department guidelines, must be fully implemented.
9VAC20-150-110. Documentation.
A. To be considered as Virginia generated waste tires
eligible for reimbursement, the waste tires must be documented as such in a
manner acceptable to the director department. Acceptable
documentation must provide at a minimum a certifying statement signed by the
end user stating that the waste tires are Virginia generated in accordance with
the requirements of 9VAC20-150-100. One type of acceptable documentation is
form DEQ-WTC, completed in the following manner: DEQ-WTC. All
documentation submitted shall include the information listed in this section,
as applicable.
1. Completion of Part 1 by the generator. The generator,
who has the waste tires for disposal, must fill in all pertinent information in
Part 1 and sign the statement certifying that the waste tires are Virginia
generated in accordance with the requirements of 9VAC20-150-100. When the
generator is not known, the property owner is the generator.
2. Completion of Part 2 by the hauler if applicable. The
hauler must fill in all pertinent information in Part 2 and sign the statement
certifying that he accepted the waste tire materials in the amounts indicated
from the generator in Part 1.
3. Completion of Part 3 by the collector, if applicable.
The collector must fill in all pertinent information in Part 3 and sign the
statement certifying that he accepted the waste tire materials in the amounts
indicated from the hauler or generator as applicable.
4. Completion of Part 4 by the processor. The processor
must fill in all pertinent information and sign the statement certifying that
he accepted the waste tire materials in the amounts indicated from a generator,
hauler and/or collector, as applicable.
B. Generators shall submit the following information:
1. Generator's company name;
2. Mailing address;
3. Telephone number;
4. Business identification number (ID) or Virginia driver's
license number (VDL);
5. Physical location of where the waste tires were
generated;
6. The number of car or light truck tires, truck tires,
oversize tires, or the tire materials in tons; and
7. The following certification signed by the generator
"I certify under penalty of law that the information submitted on this
document is to the best of my knowledge and belief, true, accurate, and
complete. I am aware that there are significant penalties for submitting false
information, including the possibility of a fine and imprisonment for willful
violations. I further certify that, to the best of my knowledge and belief, all
the waste tire materials identified by me on this document and delivered to the
hauler below were generated in the Commonwealth of Virginia in accordance with
the Waste Tire End User Reimbursement Regulations (9VAC20-150)."
C. Haulers shall submit the following information:
1. Hauler's company name;
2. Mailing address;
3. Telephone number;
4. Business ID or VDL;
5. The number of car or light truck tires, truck tires,
oversize tires, or the tire materials in tons; and
6. The following certification signed by the hauler "I
certify that the waste tire materials listed in this section of this document
were received from the generator in the amounts indicated, to the best of my
knowledge and belief."
D. Collectors shall submit the following information:
1. Collector's company name;
2. Mailing address;
3. Telephone number;
4. Business ID or VDL;
5. The number of car or light truck tires, truck tires,
oversize tires, or the tire materials in tons; and
6. The following certification signed by the collector
"I certify that the waste tire materials listed in this section of this document
were received from the generator or hauler in the amounts indicated, to the
best of my knowledge and belief."
E. Processors shall submit the following information:
1. Processor's company name;
2. Mailing address;
3. Telephone number;
4. Business ID or VDL;
5. The number of car or light truck tires, truck tires,
oversize tires, or the tire materials in tons; and
6. The following certification signed by the processor
"I certify that the waste tire materials listed in this section of this
document were received from the generator, hauler, or collector in the amounts
indicated, to the best of my knowledge and belief."
Part VI
Application Procedures
9VAC20-150-120. Application for reimbursement.
A. A person may apply to the director department
for reimbursement from the Waste Tire Trust Fund on a monthly or quarterly
basis for utilizing waste tire materials if the request for reimbursement is
complete and complies with other provisions of this chapter.
B. The minimum reimbursement application amount is 5,000
passenger tire equivalents or 50 10 tons of waste tire materials
used. Lesser amounts may be considered on a case-by-case basis.
C. In order to apply for reimbursement, the utilization of
the waste tire materials must occur after December 20, 1994.
D. An applicant for reimbursement must file form DEQ-EURR
with the director department, providing at a minimum:
1. Applicant's name and address;
2. Name and location of facility where end use occurs;
3. A description of the end use;
4. A statement of the purchase price paid for the waste tire
materials or, if the waste tire materials were not purchased, the cost of use;
and
5. An authorized signature.
E. Application for quarterly reimbursement will be
accepted up to the last business day of the month following a calendar quarter.
Applications received after the one-month deadline will be considered late and
reimbursement will not be considered for that calendar quarter. Such a late
application will be considered in the following calendar month with other
monthly applications.
Application for monthly reimbursement will be accepted up
to the 15th calendar day of the month following a month. Applications received
after the 15-day deadline will be considered late and reimbursement will not be
considered for that month. Such a late application will be considered in the
following month.
F. E. An applicant for a reimbursement for
utilization of waste tire materials is subject to audit by the director department.
Applicants shall allow access to all records related to waste tire management
activities during normal business hours for the purpose of determining
compliance with this chapter for five years from the date of reimbursement.
G. F. In addition to any other penalty imposed
by law, any person who knowingly or intentionally provides false information to
the director department in applying for a reimbursement shall be
ineligible to receive any reimbursement under this chapter.
Part VII
Processing of Applications
9VAC20-150-130. Review of application.
A. The director department shall review the
reimbursement application form, DEQ-EURR, for completeness and eligibility
within three 10 working days of receipt.
B. If an application is not complete as required in
9VAC20-150-120 D, the director department may require the
applicant to submit the missing information. The director department
may delay reimbursement until the information is received.
C. The director department will process for
payment all applications for reimbursement that are complete and in compliance
with the regulations up to the amount of available funds. The complete
applications will be processed in the order received and until available funds
are exhausted. When available funds for a given fiscal year are exhausted, all
remaining eligible applications will be held and paid first in the following
fiscal year.
D. When If an applicant believes an error has
been made in the review of or response to his application, he shall notify the director
department in writing within 30 days of receiving the director's department's
response. The notice shall contain a copy of the application and the
director's response, applicant shall submit to the department a
brief statement describing the believed error, and copies of any documents
supporting the statement.
The director department shall review the notice
applicant's response and attached documents and may further investigate
review the matter. The director department shall advise
the respond to the applicant in writing in due course of his
response to the applicant's notice of error concerning the review of the
information submitted by the applicant.
If the director department concludes that an
error has been made, he shall reinstate the application and act on it
shall be reprocessed by the department. If the available funds
are exhausted, and would not have been had the director acted correctly on
the application originally, the reinstated not available, the
reprocessed application shall be carried over to the next year and paid
from available funds.
NOTICE: The following
forms used in administering the regulation were filed by the agency. The forms
are not being published; however, online users of this issue of the Virginia
Register of Regulations may click on the name of a form with a hyperlink to
access it. The forms are also available from the agency contact or may be
viewed at the Office of the Registrar of Regulations, General Assembly
Building, 2nd Floor, Richmond, Virginia 23219.
FORMS (9VAC20-150)
Waste Tire Pile Certification, DEQ-CERT, No. 154
(rev. 3/2010)
End User Reimbursement Application, DEQ-EURR (rev.
5/2016)
Waste
Tire Certification, DEQ-WTC (rev. 4/2016)
VA.R. Doc. No. R16-4640; Filed June 27, 2016, 2:31 p.m.
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Final Regulation
REGISTRAR'S NOTICE: The State Water Control Board is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 14 of the Code of Virginia, which exempts adoption, amendment, or repeal of wasteload allocations by the State Water Control Board pursuant to State Water Control Law (§ 62.1-44.2 et seq. of the Code of Virginia) if the board (i) provides public notice in the Virginia Register; (ii) if requested by the public during the initial public notice 30-day comment period, forms an advisory group composed of relevant stakeholders; (iii) receives and provides summary response to written comments; and (iv) conducts at least one public meeting.
Title of Regulation:9VAC25-720. Water Quality Management Planning Regulation (amending 9VAC25-720-50, 9VAC25-720-60, 9VAC25-720-90, 9VAC25-720-110, 9VAC25-720-120, 9VAC25-720-130).
Statutory Authority: § 62.1-44.15 of the Code of Virginia; 33 USC § 1313(e) of the Clean Water Act.
Effective Date: August 24, 2016.
Agency Contact: Elizabeth McKercher, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4291, FAX (804) 698-4116, TTY (804) 698-4021, or email elizabeth.mckercher@deq.virginia.gov.
Summary:
The amendments add three new TMDL wasteload allocations in the Potomac-Shenandoah River Basin (9VAC25-720-50 A), add four new TMDL wasteload allocations in the James River Basin (9VAC25-720-60 A), add one new TMDL wasteload allocation in the Tennessee-Big Sandy River Basin (9VAC25-720-90 A), add 14 new TMDL wasteload allocations in the York River Basin (9VAC25-720-120 A), add nine new TMDL wasteload allocations in the New River Basin (9VAC25-720-130 A), replace two existing TMDL wasteload allocations with revised values in the James River Basin (9VAC25-720-60 A), incorporate four technical corrections in the Potomac-Shenandoah River Basin (9VAC25-720-50 A), incorporate two technical corrections in the Tennessee-Big Sandy River Basin (9VAC25-720-90 A), and incorporate two technical corrections in the Chesapeake Bay-Small Coastal-Eastern Shore River Basin (9VAC25-720-110 A).
9VAC25-720-50. Potomac-Shenandoah River Basin.
A. Total maximum daily loads (TMDLs).
TMDL # | Stream Name | TMDL Title | City/County | WBID | Pollutant | WLA1 | Units |
1. | Muddy Creek, Dry River, and tributaries to North River | Nitrate TMDL Development for Muddy Creek/Dry River, Virginia | Rockingham | B21R, B22R | Nitrate | 49,389.00 | LB/YR |
2. | Blacks Run | TMDL Development for Blacks Run and Cooks Creek | Rockingham | B25R | Sediment | 32,844.00 | LB/YR |
3. | Cooks Creek | TMDL Development for Blacks Run and Cooks Creek | Rockingham | B25R | Sediment | 69,301.00 | LB/YR |
4. | Cooks Creek | TMDL Development for Blacks Run and Cooks Creek | Rockingham | B25R | Phosphorus | 0 | LB/YR |
5. | Muddy Creek | TMDL Development for Muddy Creek and Holmans Creek, Virginia | Rockingham | B22R | Sediment | 286,939.00 | LB/YR |
6. | Muddy Creek | TMDL Development for Muddy Creek and Holmans Creek, Virginia | Rockingham | B22R | Phosphorus | 38.00 | LB/YR |
7. | Holmans Creek | TMDL Development for Muddy Creek and Holmans Creek, Virginia | Rockingham, Shenandoah | B45R | Sediment | 78,141.00 | LB/YR |
8. | Mill Creek | TMDL Development for Mill Creek and Pleasant Run | Rockingham | B29R | Sediment | 276.00 | LB/YR |
9. | Mill Creek | TMDL Development for Mill Creek and Pleasant Run | Rockingham | B29R | Phosphorus | 138.00 116 | LB/YR |
10. | Pleasant Run | TMDL Development for Mill Creek and Pleasant Run | Rockingham | B27R | Sediment | 0.00 | LB/YR |
11. | Pleasant Run | TMDL Development for Mill Creek and Pleasant Run | Rockingham | B27R | Phosphorus | 0.00 | LB/YR |
12. | Linville Creek | Total Maximum Daily Load Development for Linville Creek: Bacteria and Benthic Impairments | Rockingham | B46R | Sediment | 5.50 | TONS/YR |
13. | Quail Run | Benthic TMDL for Quail Run | Rockingham | B35R | Ammonia | 7,185.00 | KG/YR |
14. | Quail Run | Benthic TMDL for Quail Run | Rockingham | B35R | Chlorine | 27.63 | KG/YR |
15. | Shenandoah River | Development of Shenandoah River PCB TMDL (South Fork and Main Stem) | Warren, Clarke | B41R B55R B57R B58R | PCBs | 179.38 | G/YR |
16. | Shenandoah River | Development of Shenandoah River PCB TMDL (North Fork) | Warren, Clarke | B51R | PCBs | 0.00 | G/YR |
17. | Shenandoah River | Development of Shenandoah River PCB TMDL (Main Stem) | Warren, Clarke | WV | PCBs | 179.38 | G/YR |
18. | Cockran Spring | Benthic TMDL Reports for Six Impaired Stream Segments in the Potomac-Shenandoah and James River Basins | Augusta | B10R | Organic solids | 1,556.00 | LB/YR |
19. | Lacey Spring | Benthic TMDL Reports for Six Impaired Stream Segments in the Potomac-Shenandoah and James River Basins | Rockingham | B47R | Organic solids | 680.00 | LB/YR |
20. | Orndorff Spring | Benthic TMDL Reports for Six Impaired Stream Segments in the Potomac-Shenandoah and James River Basins | Shenandoah | B52R | Organic solids | 103.00 | LB/YR |
21. | Toms Brook | Benthic TMDL for Toms Brook in Shenandoah County, Virginia | Shenandoah | B50R | Sediment | 8.1 | T/YR |
22. | Goose Creek | Benthic TMDLs for the Goose Creek Watershed | Loudoun, Fauquier | A08R | Sediment | 1,587 | T/YR |
23. | Little River | Benthic TMDLs for the Goose Creek Watershed | Loudoun | A08R | Sediment | 105 | T/YR |
24. | Christians Creek | Fecal Bacteria and General Standard Total Maximum Daily Load Development for Impaired Streams in the Middle River and Upper South River Watersheds, Augusta County, VA | Augusta | B14R | Sediment | 145 | T/YR |
25. | Moffett Creek | Fecal Bacteria and General Standard Total Maximum Daily Load Development for Impaired Streams in the Middle River and Upper South River Watersheds, Augusta County, VA | Augusta | B13R | Sediment | 0 | T/YR |
26. | Upper Middle River | Fecal Bacteria and General Standard Total Maximum Daily Load Development for Impaired Streams in the Middle River and Upper South River Watersheds, Augusta County, VA | Augusta | B10R | Sediment | 1.355 | T/YR |
27. | Mossy Creek | Total Maximum Daily Load Development for Mossy Creek and Long Glade Run: Bacteria and General Standard (Benthic) Impairments | Rockingham | B19R | Sediment | 0.04 | T/YR |
28. | Smith Creek | Total Maximum Daily Load (TMDL) Development for Smith Creek | Rockingham, Shenandoah | B47R | Sediment | 353,867 | LB/YR |
29. | Abrams Creek | Opequon Watershed TMDLs for Benthic Impairments: Abrams Creek and Lower Opequon Creek, Frederick and Clarke counties, Virginia | Frederick | B09R | Sediment | 478 | T/YR |
30. | Lower Opequon Creek | Opequon Watershed TMDLs for Benthic Impairments: Abrams Creek and Lower Opequon Creek, Frederick and Clarke counties, Virginia | Frederick, Clarke | B09R | Sediment | 1,039 | T/YR |
31. | Mill Creek | Mill Creek Sediment TMDL for a Benthic Impairment, Shenandoah County, Virginia | Shenandoah | B48R | Sediment | 0.9 | T/YR |
32. | South Run | Benthic TMDL Development for South Run, Virginia | Fauquier | A19R | Phosphorus | 0.038 | T/YR |
33. | Lewis Creek | Total Maximum Daily Load Development for Lewis Creek, General Standard (Benthic) | Augusta | B12R | Sediment | 40 | T/YR |
34. | Lewis Creek | Total Maximum Daily Load Development for Lewis Creek, General Standard (Benthic) | Augusta | B12R | Lead | 0 | KG/YR |
35. | Lewis Creek | Total Maximum Daily Load Development for Lewis Creek, General Standard (Benthic) | Augusta | B12R | PAHs | 0 | KG/YR |
36. | Bull Run | Total Maximum Daily Load Development for Lewis Creek, General Standard (Benthic) | Loudoun, Fairfax, and Prince William counties, and the Cities of Manassas and Manassas Park | A23R-01 | Sediment | 5,986.8 | T/TR |
37. | Popes Head Creek | Total Maximum Daily Load Development for Lewis Creek, General Standard (Benthic) | Fairfax County and Fairfax City | A23R-02 | Sediment | 1,594.2 | T/YR |
38. | Accotink Bay | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Fairfax | A15R | PCBs | 0.0992 | G/YR |
39. | Aquia Creek | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Stafford | A28E | PCBs | 6.34 | G/YR |
40. | Belmont Bay/ Occoquan Bay | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Prince William | A25E | PCBs | 0.409 | G/YR |
41. | Chopawamsic Creek | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Prince William | A26E | PCBs | 1.35 | G/YR |
42. | Coan River | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Northumberland | A34E | PCBs | 0 | G/YR |
43. | Dogue Creek | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Fairfax | A14E | PCBs | 20.2 | G/YR |
44. | Fourmile Run | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Arlington | A12E | PCBs | 11 | G/YR |
45. | Gunston Cove | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Fairfax | A15E | PCBs | 0.517 | G/YR |
46. | Hooff Run & Hunting Creek | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Fairfax | A13E | PCBs | 36.8 | G/YR |
47. | Little Hunting Creek | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Fairfax | A14E | PCBs | 10.1 | G/YR |
48. | Monroe Creek | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Fairfax | A31E | PCBs | .0177 | G/YR |
49. | Neabsco Creek | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Prince William | A25E | PCBs | 6.63 | G/YR |
50. | Occoquan River | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Prince William | A25E | PCBs | 2.86 | G/YR |
51. | Pohick Creek/Pohick Bay | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Fairfax | A16E | PCBs | 13.5 | G/YR |
52. | Potomac Creek | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Stafford | A29E | PCBs | 0.556 | G/YR |
53. | Potomac River, Fairview Beach | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | King George | A29E | PCBs | 0.0183 | G/YR |
54. | Powells Creek | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Prince William | A26R | PCBs | 0.0675 | G/YR |
55. | Quantico Creek | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Prince William | A26R | PCBs | 0.742 | G/YR |
56. | Upper Machodoc Creek | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | King George | A30E | PCBs | 0.0883 | G/YR |
57. | Difficult Creek | Benthic TMDL Development for Difficult Run, Virginia | Fairfax | A11R | Sediment | 3,663.2 | T/YR |
58. | Abrams Creek (Reserved) | Opequon Watershed TMDLs for Benthic Impairments | Frederick and Clark | B09R | Sediment | 1039 | T/YR |
59. | Lower Opequon (Reserved) | Opequon Watershed TMDLs for Benthic Impairments | Frederick and Clark | B09R | Sediment | 1039 | T/YR |
60. | South River | Bacteria and Benthic Total Maximum Daily Load Development for South River | Augusta and Rockingham | B32R | Sediment | 619.4 | T/YR |
61. | South River | Bacteria and Benthic Total Maximum Daily Load Development for South River | Augusta and Rockingham | B32R | Phosphorus | 6,929.9 | KG/YR |
62. | South River | Total Maximum Daily Load Development for Mercury in the South River, South Fork Shenandoah River, and Shenandoah River, Virginia | Augusta, Rockingham, Page, and Warren | B32R | Mercury | 112 | G/YR |
63. | South Fork Shenandoah River | Total Maximum Daily Load Development for Mercury in the South River, South Fork Shenandoah River, and Shenandoah River, Virginia | Augusta, Rockingham, Page, and Warren | B32R, B33R | Mercury | 112 | G/YR |
64. | Shenandoah River | Total Maximum Daily Load Development for Mercury in the South River, South Fork Shenandoah River, and Shenandoah River, Virginia | Augusta, Rockingham, Page, and Warren | B32R, B33R | Mercury | 112 | G/YR |
65. | Spout Run | Total Maximum Daily Load Development to Address Bacteria and Benthic Impairments in the Spout Run Watershed, Clarke County, Virginia | Clarke | B57R | Sediment | 7.44 | T/YR |
66. | West Strait Creek | Benthic Total Maximum Daily Load Development for Strait Creek and West Strait Creek | Highland | B02R | Sediment | 0.02 | T/D |
67. | West Strait Creek | Benthic Total Maximum Daily Load Development for Strait Creek and West Strait Creek | Highland | B02R | CBOD5 | 11 | KG/D |
68. | West Strait Creek | Benthic Total Maximum Daily Load Development for Strait Creek and West Strait Creek | Highland | B02R | Dry season (June – December) ammonia as N | 1.6 | KG/D |
69. | West Strait Creek | Benthic Total Maximum Daily Load Development for Strait Creek and West Strait Creek | Highland | B02R | Wet season (January – May) ammonia as N | 2.9 | KG/D |
70. | Strait Creek | Benthic Total Maximum Daily Load Development for Strait Creek and West Strait Creek | Highland | B02R | Sediment | 0.08 | T/D |
71. | Accotink Creek, lower | Bacteria TMDL for the Lower Accotink Creek Watershed | Fairfax | A15 | E. coli | 1.76E+12 | cfu/year |
72. | Accotink Creek | Fecal Coliform TMDL for Accotink Creek | Fairfax, Fairfax City | A15 | Fecal coliform | 1.30E+14 | cfu/year |
73. | Beaver Creek | Bacteria Total Maximum Daily Load Development for Beaver Creek | Rockingham | B18 | E. coli | 1.22E+10 | cfu/year |
74. | Blacks Run | Fecal Coliform TMDL for Blacks Run | Harrisonburg | B26 | Fecal coliform | 5.52E+09 | cfu/year |
75. | North Fork Catoctin Creek | Fecal Coliform TMDL Development for Catoctin Creek Impairments | Loudoun | A02 | Fecal coliform | 0 | cfu/year |
76. | Lower South Fork Catoctin Creek | Fecal Coliform TMDL Development for Catoctin Creek Impairments | Loudoun | A02 | Fecal coliform | 1.60E+11 | cfu/year |
77. | Upper South Fork Catoctin Creek | Fecal Coliform TMDL Development for Catoctin Creek Impairments | Loudoun | A02 | Fecal coliform | 4.42E+11 | cfu/year |
78. | Catoctin Creek | Fecal Coliform TMDL Development for Catoctin Creek Impairments | Loudoun | A02 | Fecal coliform | 0 | cfu/year |
79. | Licking Run | Bacteria TMDLs for Cedar Run and Licking Run | Fauquier | A17 | E. coli | 2.61E+09 | cfu/year |
80. | Cedar Run | Bacteria TMDLs for Cedar Run and Licking Run | Prince William, Fauquier | A17, A18 | E. coli | 5.58E+11 | cfu/year |
81. | Christians Creek | Fecal Coliform TMDL for Christians Creek | Augusta | B14 | Fecal coliform | 1.18E+13 | cfu/year |
82. | Coan River (145G) | Coan River Watershed Total Maximum Daily Load Report for Six Shellfish Areas Listed Due to Bacteria Contamination | Northumberland | A34 | Fecal coliform | 0 | cfu/year |
83. | Coan River, Headly Cove (145H) | Coan River Watershed Total Maximum Daily Load Report for Six Shellfish Areas Listed Due to Bacteria Contamination | Northumberland | A34 | Fecal coliform | 0 | cfu/year |
84. | Coan River, Killneck Creek (145E) | Coan River Watershed Total Maximum Daily Load Report for Six Shellfish Areas Listed Due to Bacteria Contamination | Northumberland | A34 | Fecal coliform | 0 | cfu/year |
85. | Coan River, Stevens Point (145F) | Coan River Watershed Total Maximum Daily Load Report for Six Shellfish Areas Listed Due to Bacteria Contamination | Northumberland | A34 | Fecal coliform | 0 | cfu/year |
86. | Mill Creek and the Coan River (145I) | Coan River Watershed Total Maximum Daily Load Report for Six Shellfish Areas Listed Due to Bacteria Contamination | Northumberland | A34 | Fecal coliform | 0 | cfu/year |
87. | The Glebe (145D) | Coan River Watershed Total Maximum Daily Load Report for Six Shellfish Areas Listed Due to Bacteria Contamination | Northumberland | A34 | Fecal coliform | 0 | cfu/year |
88. | Bridgeman Creek | Cod, Presley, Bridgeman, Hull, Rogers, Cubitt, and Hack Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution | Northumberland | A34 | Fecal coliform | 7.70E+08 | MPN/day |
89. | Cod Creek, east | Cod, Presley, Bridgeman, Hull, Rogers, Cubitt, and Hack Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution | Northumberland | A34 | Fecal coliform | 9.06E+08 | MPN/day |
90. | Rogers Creek | Cod, Presley, Bridgeman, Hull, Rogers, Cubitt, and Hack Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution | Northumberland | A34 | Fecal coliform | 9.83E+08 | MPN/day |
91. | Cod Creek, west | Cod, Presley, Bridgeman, Hull, Rogers, Cubitt, and Hack Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution | Northumberland | A34 | Fecal coliform | 1.53E+09 | MPN/day |
92. | Presley Creek | Cod, Presley, Bridgeman, Hull, Rogers, Cubitt, and Hack Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution | Northumberland | A34 | Fecal coliform | 3.63E+09 | MPN/day |
93. | Hack Creek | Cod, Presley, Bridgeman, Hull, Rogers, Cubitt, and Hack Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution | Northumberland | A34 | Fecal coliform | 3.00E+09 | MPN/day |
94. | Cubitt Creek | Cod, Presley, Bridgeman, Hull, Rogers, Cubitt, and Hack Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution | Northumberland | A34 | Fecal coliform | 4.25E+09 | MPN/day |
95. | Hull Creek | Cod, Presley, Bridgeman, Hull, Rogers, Cubitt, and Hack Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution | Northumberland | A34 | Fecal coliform | 1.27E+10 | MPN/day |
96. | Cooks Creek | Total Maximum Daily Load (TMDL) Development for Cooks Creek | Rockingham, Harrisonburg | B25, B26 | Fecal coliform | 0 | cfu/year |
97. | Cub Run | Bacteria Total Maximum Daily Load for Cub Run | Rockingham | B34 | E. coli | 1.74E+10 | cfu/year |
98. | Difficult Run | Bacteria TMDL for the Difficult Run Watershed | Fairfax | A11 | E. coli | 9.86E+12 | cfu/year |
99. | Dry River | Fecal Coliform TMDL for Dry River | Rockingham | B20, B21, B22 | Fecal coliform | 0 | cfu/year |
100. | Four Mile Run | Fecal Coliform TMDL (Total Maximum Daily Load) Development for Four Mile Run | Arlington, Alexandria | A12 | Fecal coliform | 2.04E+13 | cfu/year |
101. | Jackson Creek | Gardner, Jackson, and Bonum Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination | Westmoreland | A33 | Fecal coliform | 1.44E+09 | MPN/day |
102. | Gardner Creek | Gardner, Jackson, and Bonum Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination | Westmoreland | A33 | Fecal coliform | 1.96E+09 | MPN/day |
103. | Bonum Creek | Gardner, Jackson, and Bonum Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination | Westmoreland | A33 | Fecal coliform | 2.96E+09 | MPN/day |
104. | Little River | Bacteria TMDLs for the Goose Creek Watershed | Fauquier | A08 | Fecal coliform | 1.38E+10 | cfu/year |
105. | South Fork Sycolin Creek | Bacteria TMDLs for the Goose Creek Watershed | Loudoun | A08 | Fecal coliform | 1.41E+10 | cfu/year |
106. | Sycolin Creek | Bacteria TMDLs for the Goose Creek Watershed | Loudoun | A08 | Fecal coliform | 2.79E+10 | cfu/year |
107. | Cromwells Run | Bacteria TMDLs for the Goose Creek Watershed | Fauquier | A05 | Fecal coliform | 9.80E+10 | cfu/year |
108. | Beaverdam Creek | Bacteria TMDLs for the Goose Creek Watershed | Loudoun | A07 | Fecal coliform | 1.21E+12 | cfu/year |
109. | North Fork Goose Creek | Bacteria TMDLs for the Goose Creek Watershed | Loudoun | A06 | Fecal coliform | 3.11E+13 | cfu/year |
110. | Goose Creek and tributaries | Bacteria TMDLs for the Goose Creek Watershed | Loudoun, Fauquier | A04, A05, A06, A07, A08 | Fecal coliform | 3.88E+13 | cfu/year |
111. | Hawksbill Creek | Total Maximum Daily Load Development for Hawksbill Creek | Page | B39 | E. coli | 3.13E+12 | cfu/year |
112. | Hogue Creek | Total Maximum Daily Load Development for Bacteria (E. coli) Impairment in Hogue Creek | Frederick | B06 | E. coli | 6.58E+11 | cfu/year |
113. | Holmans Creek | Fecal Coliform TMDL Development for Holmans Creek | Shenandoah | B45 | Fecal coliform | 3.20E+10 | cfu/year |
114. | Holmes Run | Bacteria TMDLs for the Hunting Creek, Cameron Run, and Holmes Run Watersheds | Fairfax, Alexandria, Falls Church | A13 | E. coli | 8.38E+13 | cfu/year |
115. | Cameron Run | Bacteria TMDLs for the Hunting Creek, Cameron Run, and Holmes Run Watersheds | Fairfax, Alexandria, Falls Church | A13 | E. coli | 1.33E+14 | cfu/year |
116. | Hunting Creek | Bacteria TMDLs for the Hunting Creek, Cameron Run, and Holmes Run Watersheds | Fairfax, Alexandria, Falls Church | A13 | E. coli | 3.24E+14 | cfu/year |
117. | Limestone Branch | Bacteria TMDL for Limestone Branch | Loudoun | A03 | E. coli | 5.83E+11 | cfu/year |
118. | Linville Creek | Total Maximum Daily Load Development for Linville Creek: Bacteria and General Standard (Benthic) Impairments | Rockingham | B46 | E. coli | 1.10E+11 | cfu/year |
119. | Bridge Creek (10-9X) | Little Wicomico River Watershed TMDL for Three Shellfish Areas Listed Due to Bacteria Contamination | Northumberland | A34 | E. coli | 0 | cfu/year |
120. | Little Wicomico River (10-19) | Little Wicomico River Watershed TMDL for Three Shellfish Areas Listed Due to Bacteria Contamination | Northumberland | A34 | E. coli | 0 | cfu/year |
121. | Little Wicomico River (10-20) | Little Wicomico River Watershed TMDL for Three Shellfish Areas Listed Due to Bacteria Contamination | Northumberland | A34 | E. coli | 0 | cfu/year |
122. | Little Wicomico River, Cod Creek (10-13.5Z) | Little Wicomico River Watershed TMDL for Three Shellfish Areas Listed Due to Bacteria Contamination | Northumberland | A34 | E. coli | 0 | cfu/year |
123. | Branson Cove | Lower Machodoc Creek Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination | Westmoreland | A32 | Fecal coliform | 4.11E+08 | MPN/day |
124. | Cabin Point Creek | Lower Machodoc Creek Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination | Westmoreland | A32 | Fecal coliform | 1.93E+09 | MPN/day |
125. | Glebe and Ames Creeks | Lower Machodoc Creek Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination | Westmoreland | A32 | Fecal coliform | 2.13E+09 | MPN/day |
126. | Lower Machodoc Creek | Lower Machodoc Creek Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination | Westmoreland | A32 | Fecal coliform | 9.67E+09 | MPN/day |
127. | Weatherall Creek | Lower Machodoc Creek Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination | Westmoreland | A32 | Fecal coliform | 9.95E+08 | MPN/day |
128. | Mattox Creek | Fecal Bacteria Total Maximum Daily Load Development for Mattox Creek | Westmoreland, King George | A31 | E. coli | 2.20E+06 | cfu/year |
129. | Mattox Creek | Fecal Bacteria Total Maximum Daily Load Development for Mattox Creek | Westmoreland, King George | A31 | Enterococci | 1.26E+10 | cfu/year |
130. | Mattox Creek tidal (shellfish) | Fecal Bacteria Total Maximum Daily Load Development for Mattox Creek | Westmoreland, King George | A31 | Fecal coliform | 5.03E+09 | cfu/year |
131. | Moffett Creek | Fecal Bacteria and General Standard Total Maximum Daily Load Development for Impaired Streams in the Middle River and Upper South River Watersheds | Augusta | B13 | E. coli | 0 | cfu/year |
132. | Polecat Draft | Fecal Bacteria and General Standard Total Maximum Daily Load Development for Impaired Streams in the Middle River and Upper South River Watersheds | Augusta | B15 | E. coli | 0 | cfu/year |
133. | Lewis Creek | Fecal Bacteria and General Standard Total Maximum Daily Load Development for Impaired Streams in the Middle River and Upper South River Watersheds | Staunton | B12 | E. coli | 3.48E+09 | cfu/year |
134. | Upper Middle River | Fecal Bacteria and General Standard Total Maximum Daily Load Development for Impaired Streams in the Middle River and Upper South River Watersheds | Augusta | B10, B11 | E. coli | 8.53E+09 | cfu/year |
135. | Upper South River | Fecal Bacteria and General Standard Total Maximum Daily Load Development for Impaired Streams in the Middle River and Upper South River Watersheds | Augusta | B30 | E. coli | 1.06E+11 | cfu/year |
136. | Lower Middle River watershed | Fecal Bacteria and General Standard Total Maximum Daily Load Development for Impaired Streams in the Middle River and Upper South River Watersheds | Augusta, Staunton | B10, B11, B12, B13, B14, B15 | E. coli | 1.24E+13 | cfu/year |
137. | Mill Creek | Total Maximum Daily Load Development Mill Creek Bacteria (E. coli) Impairment | Page | B38 | E. coli | 0 | cfu/year |
138. | Mill Creek | Total Maximum Daily Load (TMDL) Development for Mill Creek and Pleasant Run | Rockingham | B29 | Total phosphorus | 116 | lbs/year |
139. | Mill Creek and tributaries | Fecal coliform TMDL for Mill Creek Watershed | Rockingham | B29 | Fecal coliform | 0 | cfu/year |
140. | Mill Creek including unnamed tributary to Kissinger Millpond and Kissinger Millpond | Bacteria TMDL for (nontidal) Mill Creek including Un-named Tributary to Kissinger Millpond, and Kissinger Millpond | Northumberland | A33 | E. coli | 5.91E+10 | cfu/year |
141. | Monroe Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Monroe Bay: Monroe Creek | Westmoreland | A31 | Fecal coliform | N/A2 | MPN/day |
142. | Mossy Creek | Total Maximum Daily Load Development for Mossy Creek and Long Glade Run: Bacteria and General Standard (Benthic) Impairments | Augusta | B19 | E. coli | 1.74E+09 | cfu/year |
143. | Long Glade Creek | Total Maximum Daily Load Development for Mossy Creek and Long Glade Run: Bacteria and General Standard (Benthic) Impairments | Augusta | B24 | E. coli | 5.23E+09 | cfu/year |
144. | Muddy Creek | Fecal coliform TMDL for Muddy Creek | Rockingham | B22 | Fecal coliform | 3.04E+11 | cfu/year |
145. | Naked Creek | Fecal coliform TMDL for Naked Creek | Augusta | B28 | Fecal coliform | 5.54E+09 | cfu/year |
146. | Neabsco Creek | Bacteria TMDL for Neabsco Creek | Prince William | A25 | E. coli | 1.27E+12 | cfu/day |
147. | Barnes Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Potomac River: Nomini Creek | Westmoreland | A32 | Fecal coliform | N/A2 | MPN/day |
148. | Buckner Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Potomac River: Nomini Creek | Westmoreland | A32 | Fecal coliform | N/A2 | MPN/day |
149. | Cold Harbor Bay | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Potomac River: Nomini Creek | Westmoreland | A32 | Fecal coliform | N/A2 | MPN/day |
150. | Currioman Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Potomac River: Nomini Creek | Westmoreland | A32 | Fecal coliform | N/A2 | MPN/day |
151. | Nomini Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Potomac River: Nomini Creek | Westmoreland | A32 | Fecal coliform | N/A2 | MPN/day |
152. | North Prong Buckner Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Potomac River: Nomini Creek | Westmoreland | A32 | Fecal coliform | N/A2 | MPN/day |
153. | Pierce Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Potomac River: Nomini Creek | Westmoreland | A32 | Fecal coliform | N/A2 | MPN/day |
154. | Mill Creek | Bacteria Total Maximum Daily Load Development for Mill Creek, Stony Creek, and the North Fork of the Shenandoah River | Shenandoah | B48 | E. coli | 8.80E+09 | cfu/year |
155. | Stony Creek | Bacteria Total Maximum Daily Load Development for Mill Creek, Stony Creek, and the North Fork of the Shenandoah River | Shenandoah | B49 | E. coli | 4.42E+12 | cfu/year |
156. | North Fork Shenandoah River | Bacteria Total Maximum Daily Load Development for Mill Creek, Stony Creek, and the North Fork of the Shenandoah River | Frederick, Rockingham, Shenandoah | B42, B43, B44, B45, B46, B47, B48, B49, B50, B51, B52, B53, B54 | E. coli | 1.02E+13 | cfu/year |
157. | North River | Bacteria Total Maximum Daily Load Development for North River | Augusta, Staunton, Rockingham, Harrisonburg | B10, B11, B12, B13, B14, B15, B16, B17, B18, B19, B20, B21, B22, B23, B24, B25, B26, B27, B28, B29 | E. coli | 5.32E+13 | cfu/year |
158. | Broad Run (3) (VAN-A19R-05) | Bacteria TMDLs for Popes Head Creek, Broad Run, Kettle Run, South Run, Little Bull Run, Bull Run and Occoquan River | Prince William, Fauquier | A19 | E. coli | 2.35E+10 | cfu/year |
159. | Little Bull Run | Bacteria TMDLs for Popes Head Creek, Broad Run, Kettle Run, South Run, Little Bull Run, Bull Run and Occoquan River | Prince William | A21 | E. coli | 3.29E+10 | cfu/year |
160. | Broad Run (2) (VAN-A19R-02) | Bacteria TMDLs for Popes Head Creek, Broad Run, Kettle Run, South Run, Little Bull Run, Bull Run and Occoquan River | Fauquier | A19 | E. coli | 1.36E+11 | cfu/year |
161. | Occoquan River | Bacteria TMDLs for Popes Head Creek, Broad Run, Kettle Run, South Run, Little Bull Run, Bull Run and Occoquan River | Manassas, Fauquier, Prince William | A17, A18, A19, A20 | E. coli | 2.29E+11 | cfu/year |
162. | South Run | Bacteria TMDLs for Popes Head Creek, Broad Run, Kettle Run, South Run, Little Bull Run, Bull Run and Occoquan River | Fauquier | A19 | E. coli | 4.32E+11 | cfu/year |
163. | Broad Run (1) (VAN-A19R-01) | Bacteria TMDLs for Popes Head Creek, Broad Run, Kettle Run, South Run, Little Bull Run, Bull Run and Occoquan River | Fauquier | A19 | E. coli | 5.84E+11 | cfu/year |
164. | Popes Head Creek | Bacteria TMDLs for Popes Head Creek, Broad Run, Kettle Run, South Run, Little Bull Run, Bull Run and Occoquan River | Fairfax | A23 | E. coli | 7.12E+11 | cfu/year |
165. | Kettle Run | Bacteria TMDLs for Popes Head Creek, Broad Run, Kettle Run, South Run, Little Bull Run, Bull Run and Occoquan River | Prince William | A19 | E. coli | 8.30E+12 | cfu/year |
166. | Bull Run | Bacteria TMDLs for Popes Head Creek, Broad Run, Kettle Run, South Run, Little Bull Run, Bull Run and Occoquan River | Manassas Park, Prince William, Fairfax, Loudoun | A21, A22, A23 | E. coli | 1.11E+14 | cfu/year |
167. | Abrams Creek | Bacteria TMDLs for Abrams Creek and Upper and Lower Opequon Creek | Frederick, Winchester | B09 | E. coli | 3.10E+12 | cfu/year |
168. | Upper Opequon Creek watershed | Bacteria TMDLs for Abrams Creek and Upper and Lower Opequon Creek | Frederick | B08 | E. coli | 1.13E+13 | cfu/year |
169. | Lower Opequon Creek watershed and tributaries | Bacteria TMDLs for Abrams Creek and Upper and Lower Opequon Creek | Frederick, Clarke, Winchester | B08, B09 | E. coli | 2.13E+13 | cfu/year |
170. | Piney Run | Bacteria TMDL for Piney Run | Loudoun | A01 | E. coli | 3.48E+09 | cfu/year |
171. | Pleasant Run | Fecal coliform TMDL for Pleasant Run | Rockingham | B27 | Fecal coliform | 0 | cfu/year |
172. | Popes Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Potomac River: Mattox Creek to Currioman Bay | Westmoreland | A31 | Fecal coliform | N/A2 | MPN/day |
173. | Potomac Run | Bacteria Total Maximum Daily Load Development for Tributaries to the Potomac River: Prince William and Stafford Counties | Stafford | A29 | E. coli | 1.77E+11 | cfu/year |
174. | Potomac River, unnamed tributary | Bacteria Total Maximum Daily Load Development for Tributaries to the Potomac River: Prince William and Stafford Counties | Stafford | A26 | E. coli | 3.92E+11 | cfu/year |
175. | Chopawamsic Creek, North Branch | Bacteria Total Maximum Daily Load Development for Tributaries to the Potomac River: Prince William and Stafford Counties | Prince William | A26 | E. coli | 4.01E+11 | cfu/year |
176. | Potomac Creek | Bacteria Total Maximum Daily Load Development for Tributaries to the Potomac River: Prince William and Stafford Counties | Stafford | A29 | E. coli | 7.35E+11 | cfu/year |
177. | Quantico Creek, South Fork | Bacteria Total Maximum Daily Load Development for Tributaries to the Potomac River: Prince William and Stafford Counties | Prince William | A26 | E. coli | 1.09E+12 | cfu/year |
178. | Accokeek Creek | Bacteria Total Maximum Daily Load Development for Tributaries to the Potomac River: Prince William and Stafford Counties | Stafford | A29 | E. coli | 3.18E+12 | cfu/year |
179. | Powells Creek | Bacteria Total Maximum Daily Load Development for Tributaries to the Potomac River: Prince William and Stafford Counties | Prince William | A26 | E. coli | 3.18E+12 | cfu/year |
180. | Quantico Creek | Bacteria Total Maximum Daily Load Development for Tributaries to the Potomac River: Prince William and Stafford Counties | Prince William | A26 | E. coli | 3.75E+12 | cfu/year |
181. | Austin Run | Bacteria Total Maximum Daily Load Development for Tributaries to the Potomac River: Prince William and Stafford Counties | Stafford | A28 | E. coli | 3.14E+13 | cfu/year |
182. | Rosier Creek | Bacteria TMDL for Rosier Creek Watershed | King George | A31 | Fecal coliform | N/A2 | MPN/day |
183. | Smith Creek | Total Maximum Daily Load Development for Smith Creek | Shenandoah, Rockingham | B47 | E. coli | 8.53E+11 | cfu/year |
184. | South Fork Shenandoah River | Bacteria TMDL Development and Benthic Stressor Analysis for South Fork Shenandoah River | Augusta, Staunton, Rockingham, Harrisonburg, Page, Warren, Waynesboro | B10, B11, B12, B13, B14, B15, B16, B17, B18, B19, B20, B21, B22, B23, B24, B25, B26, B27, B28, B29, B30, B31, B32, B33, B34, B35, B36, B37, B38, B39, B40, B41 | E. coli | 1.43E+14 | cfu/year |
185. | South River | Bacteria and Benthic Total Maximum Daily Load Development for South River | Augusta, Waynesboro | B30, B31, B32 | E. coli | 1.13E+14 | cfu/year |
186. | Page Brook | Total Maximum Daily Load Developments to Address Bacteria and Benthic Impairments in the Spout Run Watershed | Clarke | B57 | E. coli | 2.18E+11 | cfu/year |
187. | Roseville Run | Total Maximum Daily Load Developments to Address Bacteria and Benthic Impairments in the Spout Run Watershed | Clarke | B57 | E. coli | 3.05E+11 | cfu/year |
188. | Spout Run | Total Maximum Daily Load Developments to Address Bacteria and Benthic Impairments in the Spout Run Watershed | Clarke | B57 | E. coli | 5.22E+11 | cfu/year |
189. | Mine Run | Bacteria TMDL Development for Tributaries to the Potomac River: Sugarland Run, Mine Run, and Pimmit Run | Fairfax | A11 | E. coli | 1.22E+11 | cfu/year |
190. | Pimmit Run | Bacteria TMDL Development for Tributaries to the Potomac River: Sugarland Run, Mine Run, and Pimmit Run | Arlington, Fairfax | A12 | E. coli | 1.17E+12 | cfu/year |
191. | Sugarland Run | Bacteria TMDL Development for Tributaries to the Potomac River: Sugarland Run, Mine Run, and Pimmit Run | Fairfax | A10 | E. coli | 4.78E+12 | cfu/year |
192. | Tidal Four Mile Run | Bacteria TMDL for the Tidal Four Mile Run | Arlington, Alexandria | A12 | E. coli | 1.42E+14 | cfu/year |
193. | Deep Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Upper Machodoc Creek | King George | A30 | Fecal coliform | N/A2 | MPN/day |
194. | Upper Machodoc Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Upper Machodoc Creek | King George | A30 | Fecal coliform | N/A2 | MPN/day |
195. | Williams Creek, Upper Machodoc Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Upper Machodoc Creek | King George | A30 | Fecal coliform | N/A2 | MPN/day |
196. | Dungan Cove | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Yeocomico River | Northumberland | A33 | Fecal coliform | N/A2 | MPN/day |
197. | Hampton Hall Branch | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Yeocomico River | Westmoreland | A33 | Fecal coliform | N/A2 | MPN/day |
198. | Lodge Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Yeocomico River | Northumberland | A33 | Fecal coliform | N/A2 | MPN/day |
199. | Mill Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Yeocomico River | Northumberland | A33 | Fecal coliform | N/A2 | MPN/day |
200. | White Point Creek | Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Yeocomico River | Westmoreland | A33 | Fecal coliform | N/A2 | MPN/day |
201. | Crooked Run | Bacteria TMDL Development for Crooked Run, Borden Marsh Run, Willow Brook, West Run, Long Branch, Stephens Run, Manassas Run, and Happy Creek Watersheds, and Sediment TMDL Development for Happy Creek Watershed | Frederick, Warren | B56R | E. coli | 2.22E+12 | cfu/year |
202. | Borden Marsh Run | Bacteria TMDL Development for Crooked Run, Borden Marsh Run, Willow Brook, West Run, Long Branch, Stephens Run, Manassas Run, and Happy Creek Watersheds, and Sediment TMDL Development for Happy Creek Watershed | Clarke, Warren | B55R | E.coli | 2.81E+11 | cfu/year |
203. | Willow Brook | Bacteria TMDL Development for Crooked Run, Borden Marsh Run, Willow Brook, West Run, Long Branch, Stephens Run, Manassas Run, and Happy Creek Watersheds, and Sediment TMDL Development for Happy Creek Watershed | Warren | B55R | E. coli | 2.33E+11 | cfu/year |
204. | West Run | Bacteria TMDL Development for Crooked Run, Borden Marsh Run, Willow Brook, West Run, Long Branch, Stephens Run, Manassas Run, and Happy Creek Watersheds, and Sediment TMDL Development for Happy Creek Watershed | Frederick, Warren | B56R | E. coli | 5.80E+11 | cfu/year |
205. | Long Branch | Bacteria TMDL Development for Crooked Run, Borden Marsh Run, Willow Brook, West Run, Long Branch, Stephens Run, Manassas Run, and Happy Creek Watersheds, and Sediment TMDL Development for Happy Creek Watershed | Clarke | B57R | E. coli | 1.73E+11 | cfu/year |
206. | Stephens Run | Bacteria TMDL Development for Crooked Run, Borden Marsh Run, Willow Brook, West Run, Long Branch, Stephens Run, Manassas Run, and Happy Creek Watersheds, and Sediment TMDL Development for Happy Creek Watershed | Frederick | B56R | E. coli | 3.07E+11 | cfu/year |
207. | Manassas Run | Bacteria TMDL Development for Crooked Run, Borden Marsh Run, Willow Brook, West Run, Long Branch, Stephens Run, Manassas Run, and Happy Creek Watersheds, and Sediment TMDL Development for Happy Creek Watershed | Warren | B55R | E. coli | 3.24E+11 | cfu/year |
208. | Happy Creek | Bacteria TMDL Development for Crooked Run, Borden Marsh Run, Willow Brook, West Run, Long Branch, Stephens Run, Manassas Run, and Happy Creek Watersheds, and Sediment TMDL Development for Happy Creek Watershed | Warren | B41R | E. coli | 4.27E+11 | cfu/year |
209. | Happy Creek | Bacteria TMDL Development for Crooked Run, Borden Marsh Run, Willow Brook, West Run, Long Branch, Stephens Run, Manassas Run, and Happy Creek Watersheds, and Sediment TMDL Development for Happy Creek Watershed | Warren | B41R | Sediment | 29.05 | tons/year |
210. | Turley Creek | TMDLs for Turley Creek (sediment) and Long Meadow Run (sediment and nitrogen) | Rockingham | B45 | Sediment | 19.87 | tons/year |
211. | Long Meadow Run | TMDLs for Turley Creek (sediment) and Long Meadow Run (sediment and nitrogen) | Rockingham | B45 | Sediment | 27.92 | tons/year |
212. | Long Meadow Run | TMDLs for Turley Creek (sediment) and Long Meadow Run (sediment and nitrogen) | Rockingham | B45 | Nitrogen | 520.6 | lbs/year |
Notes: 1The total WLA can be increased prior to modification provided that DEQ tracks these changes for bacteria TMDLs where the permit is consistent with water quality standards for bacteria. 2There were no point source dischargers in the modeled TMDL area. |
EDITOR'S NOTE:Subsections B and C of 9VAC25-720-50 are not amended; therefore, the text ofthose subsections is not set out.
9VAC25-720-60. James River Basin.
A. Total maximum daily loads (TMDLs).
TMDL # | Stream Name | TMDL Title | City/County | WBID | Pollutant | WLA1 | Units |
1. | Pheasanty Run | Benthic TMDL Reports for Six Impaired Stream Segments in the Potomac-Shenandoah and James River Basins | Bath | I14R | Organic solids | 1,231.00 | LB/YR |
2. | Wallace Mill Stream | Benthic TMDL Reports for Six Impaired Stream Segments in the Potomac-Shenandoah and James River Basins | Augusta | I32R | Organic solids | 2,814.00 | LB/YR |
3. | Montebello Sp. Branch | Benthic TMDL Reports for Six Impaired Stream Segments in the Potomac-Shenandoah and James River Basins | Nelson | H09R | Organic solids | 37.00 | LB/YR |
4. | Unnamed tributary to Deep Creek | General Standard Total Maximum Daily Load for Unnamed Tributary to Deep Creek | Nottoway | J11R | Raw sewage | 0 | GAL/YR |
5. | Unnamed tributary to Chickahominy River | Total Maximum Daily Load (TMDL) Development for the Unnamed Tributary to the Chickahominy River | Hanover | G05R | Total phosphorus | 409.35 | LB/YR |
6. | Rivanna River | Benthic TMDL Development for the Rivanna River Watershed | Albemarle, Greene, Nelson, Orange | H27R, H28R | Sediment | 10,229 | Lbs/Day |
7. | Jackson River | Benthic TMDL Development for the Jackson River, Virginia | Alleghany, Bath, Highland | I04R, I09R | Total phosphorus | 72,955 | LB/GS2 |
8. | Jackson River | Benthic TMDL Development for the Jackson River, Virginia | Alleghany, Bath, Highland | I04R, I09R | Total nitrogen | 220,134 | LB/GS |
9. | Little Calfpasture | Total Maximum Daily Load Development to Address a Benthic Impairment in the Little Calfpasture River, Rockbridge County, Virginia | Rockbridge | 132R | Sediment | 30.4 | T/YR |
10. | Phelps Branch | Phelps Branch Sediment TMDL Development Report for a Benthic Impairment in Appomattox County, Virginia | Appomattox | H06R | Sediment | 115.7 | T/YR |
11. | Long Branch | Sediment TMDL Development Report for Benthic Impairments in Long Branch and Buffalo River in Amherst County, Virginia | Amherst | H11R | Sediment | 16.2 | T/YR |
12. | Buffalo River | Sediment TMDL Development Report for Benthic Impairments in Long Branch and Buffalo River in Amherst County, Virginia | Amherst | H11R | Sediment | 306.4 | T/YR |
13. | Chickahominy River | Benthic TMDL Development for Chickahominy River, Virginia | Hanover, Henrico | G05R | Sediment | 294.03 | T/YR |
14. | Colliers Creek | Bacteria TMDL Development for Colliers Creek, North Fork Buffalo Creek, South Fork Buffalo Creek, Buffalo Creek, Maury River, and Cedar Creek and a Sediment TMDL Development for Colliers Creek | Rockbridge | 138R | Sediment | 103.4 | T/YR |
15. | Angola Creek (1) - VAC-J06R_ANG01A00 | Total Maximum Daily Load Development for the Appomattox River Basin | Cumberland | J06 | E. coli | 0 | cfu/year |
16. | Angola Creek (2) - VAC-J06R_ANG02A00 | Total Maximum Daily Load Development for the Appomattox River Basin | Cumberland | J06 | E. coli | 0 | cfu/year |
17. | Horsepen Creek | Total Maximum Daily Load Development for the Appomattox River Basin | Cumberland | J06 | E. coli | 0 | cfu/year |
18. | Little Sandy Creek | Total Maximum Daily Load Development for the Appomattox River Basin | Prince Edward | J03 | E. coli | 0 | cfu/year |
19. | Saylers Creek | Total Maximum Daily Load Development for the Appomattox River Basin | Prince Edward | J06 | E. coli | 0 | cfu/year |
20. | Spring Creek | Total Maximum Daily Load Development for the Appomattox River Basin | Prince Edward | J02 | E. coli | 0 | cfu/year |
21. | West Creek | Total Maximum Daily Load Development for the Appomattox River Basin | Amelia | J11 | E. coli | 0 | cfu/year |
22. | Briery Creek | Total Maximum Daily Load Development for the Appomattox River Basin | Prince Edward | J05 | E. coli | 3.50E+09 | cfu/year |
23. | Bush River (1) - VAC-J04R_BSR02A02 | Total Maximum Daily Load Development for the Appomattox River Basin | Prince Edward | J04, J05 | E. coli | 3.50E+09 | cfu/year |
24. | Bush River (2) - VAC-J03R_BSR03A02 | Total Maximum Daily Load Development for the Appomattox River Basin | Prince Edward | J03, J04, J05 | E. coli | 3.50E+09 | cfu/year |
25. | Swift Creek (1) - VAP-J16R_SFT01A00 | Total Maximum Daily Load Development for the Appomattox River Basin | Chesterfield | J16 | E. coli | 8.37E+09 | cfu/year |
26. | Swift Creek (2) - VAP-J17R_SFT01B98 | Total Maximum Daily Load Development for the Appomattox River Basin | Chesterfield | J16, J17 | E. coli | 3.24E+11 | cfu/year |
27. | Swift Creek (3) - VAP-J17R_SFT01C98 | Total Maximum Daily Load Development for the Appomattox River Basin | Chesterfield | J16, J17 | E. coli | 4.76E+11 | cfu/year |
28. | Flat Creek | Total Maximum Daily Load Development for the Appomattox River Basin | Nottoway, Amelia | J08, J09 | E. coli | 5.24E+11 | cfu/year |
29. | Nibbs Creek | Total Maximum Daily Load Development for the Appomattox River Basin | Amelia | J09 | E. coli | 5.24E+11 | cfu/year |
30. | Deep Creek | Total Maximum Daily Load Development for the Appomattox River Basin | Nottoway | J11 | E. coli | 8.71E+11 | cfu/year |
31. | Appomattox River (1) - VAC-J01R_APP03A02, VAC-J01R_APP04A02, VAC-J01R_APP05A04, VAC-J06R_APP05A02, VAP-J07R_APP01A98, VAP-J10R_APP01A98 | Total Maximum Daily Load Development for the Appomattox River Basin | Cumberland, Powhatan, Amelia, Prince Edward, Appomattox | J01, J02, J03, J04, J05, J06, J07 | E. coli | 1.07E+13 | cfu/year |
32. | Appomattox River (2), lower - VAP-J15R_ APP01A98 | Total Maximum Daily Load Development for the Appomattox River Basin | Chesterfield, Cumberland, Powhatan, Nottoway, Amelia, Dinwiddie, Prince Edward, Appomattox | J01, J02, J03, J04, J05, J06, J07, J08, J09, J10, J11, J12, J13, J14, J15 | E. coli | 1.66E+13 | cfu/year |
33. | Appomattox River and tributaries, lower tidal (3) - VAP-J15E_ APP01A98, VAP-J15E_ APP02A98, VAP-J15E_ APP02B12 | Total Maximum Daily Load Development for the Appomattox River Basin | Chesterfield, Cumberland, Nottoway, Petersburg, Amelia, Colonial Heights, Prince Edward, Appomattox | J01, J02, J03, J04, J05, J06, J07, J08, J09, J10, J11, J12, J13, J14, J15, J16, J17 | E. coli | 7.47E+13 | cfu/year |
34. | Bear Garden Creek | Bacteria Total Maximum Daily Load (TMDL) Development for the Bear Garden Creek Watershed | Buckingham | H20 | E. coli | 3.15E+08 | cfu/day |
35. | Stonewall Creek | Bacteria Total Maximum Daily Load Development for Bent Creek, North Creek, Stonewall Creek, Walkers Ford Creek, and Wreck Island Creek | Appomattox | H05 | E. coli | 9.28E+10 | cfu/year |
36. | Bent Creek | Bacteria Total Maximum Daily Load Development for Bent Creek, North Creek, Stonewall Creek, Walkers Ford Creek, and Wreck Island Creek | Appomattox | H07 | E. coli | 2.26E+11 | cfu/year |
37. | North Creek | Bacteria Total Maximum Daily Load Development for Bent Creek, North Creek, Stonewall Creek, Walkers Ford Creek, and Wreck Island Creek | Appomattox | H06 | E. coli | 2.96E+11 | cfu/year |
38. | Wreck Island Creek | Bacteria Total Maximum Daily Load Development for Bent Creek, North Creek, Stonewall Creek, Walkers Ford Creek, and Wreck Island Creek | Appomattox | H06 | E. coli | 8.76E+11 | cfu/year |
39. | Walkers Ford Creek | Bacteria Total Maximum Daily Load Development for Bent Creek, North Creek, Stonewall Creek, Walkers Ford Creek, and Wreck Island Creek | Amherst | H05 | E. coli | 8.90E+11 | cfu/year |
40. | Bleakhorn Creek | TMDL Report for Chesapeake Bay Shellfish Waters: Bleakhorn Creek, Bennett Creek, and Knotts Creek Bacterial Impairments | Suffolk | G13 | Fecal coliform | 2.66E+09 | MPN/day |
41. | Knotts Creek | TMDL Report for Chesapeake Bay Shellfish Waters: Bleakhorn Creek, Bennett Creek, and Knotts Creek Bacterial Impairments | Suffolk | G13 | Fecal coliform | 1.07E+10 | MPN/day |
42. | Bennett Creek | TMDL Report for Chesapeake Bay Shellfish Waters: Bleakhorn Creek, Bennett Creek, and Knotts Creek Bacterial Impairments | Suffolk | G13 | Fecal coliform | 6.37E+10 | MPN/day |
43. | Chickahominy River and tributaries | E. coli TMDL Development for Chickahominy River and Tributaries | New Kent, Henrico, Charles City, Hanover | G05, G06, G07 | E. coli | 2.41E+12 | cfu/year |
44. | Chuckatuck Creek and Brewers Creek | Shellfish Bacteria Total Maximum Daily Load (TMDL) Development Chuckatuck Creek and Brewers Creek Watershed | Isle of Wight | G11 | Fecal coliform | 4.79E+11 | MPN/day |
45. | Paradise Creek | Bacteria Total Maximum Daily Load (TMDL) Development for the Elizabeth River Watershed | Portsmouth | G15 | Enterococci | 5.04E+11 | cfu/day |
46. | Lafayette River, upper | Bacteria Total Maximum Daily Load (TMDL) Development for the Elizabeth River Watershed | Norfolk | G15 | Enterococci | 1.05E+13 | cfu/day |
47. | Lower and Upper Western Branch, Elizabeth River | Bacteria Total Maximum Daily Load (TMDL) Development for the Elizabeth River Watershed | Chesapeake, Portsmouth | G15 | Enterococci | 2.00E+13 | cfu/day |
48. | Upper Mainstem, Lower Southern Branch, Lower Eastern Branch Elizabeth River, Broad Creek, Indian River | Bacteria Total Maximum Daily Load (TMDL) Development for the Elizabeth River Watershed | Chesapeake, Portsmouth, Norfolk | G15, K39 | Enterococci | 5.78E+13 | cfu/day |
49. | Fourmile Creek | Bacteria TMDL for Fourmile Creek | Henrico | G02 | E. coli | 3.99E+10 | cfu/year |
50. | Hardware River, North Fork | Bacteria Total Maximum Daily Load Development for North Fork Hardware River and Hardware River | Albemarle | H18 | E. coli | 3.50E+12 0.06E+12 | cfu/year |
51. | Hardware River | Bacteria Total Maximum Daily Load Development for North Fork Hardware River and Hardware River | Fluvanna, Albemarle | H18, H19 | E. coli | 4.00E+12 0.02E+13 | cfu/year |
52. | Walker Creek | Bacteria Total Maximum Daily Load Development for Hays Creek, Moffatts Creek, Walker Creek, and Otts Creek | Rockbridge | I34 | E. coli | 6.00E+10 | cfu/year |
53. | Otts Creek | Bacteria Total Maximum Daily Load Development for Hays Creek, Moffatts Creek, Walker Creek, and Otts Creek | Augusta | I34 | E. coli | 9.00E+10 | cfu/year |
54. | Hays Creek | Bacteria Total Maximum Daily Load Development for Hays Creek, Moffatts Creek, Walker Creek, and Otts Creek | Rockbridge | I34 | E. coli | 2.00E+11 | cfu/year |
55. | Hoffler Creek | Bacteria Total Maximum Daily Load (TMDL) Development for the Hoffler Creek Watershed | Portsmouth | G15 | Enterococci | 5.39E+11 | cfu/day |
56. | Powell Creek | Bacteria Total Maximum Daily Load Development for the James River - Hopewell to Westover | Prince George | G03 | E. coli | 6.12E+10 | cfu/year |
57. | Bailey Creek | Bacteria Total Maximum Daily Load Development for the James River - Hopewell to Westover | Prince George | G03 | E. coli | 1.62E+11 | cfu/year |
58. | Bailey Bay, Bailey Creek, Cattail Creek | Bacteria Total Maximum Daily Load Development for the James River - Hopewell to Westover | Prince George, Hopewell | G03 | E. coli | 8.47E+12 | cfu/year |
59. | James River | Bacteria Total Maximum Daily Load Development for the James River - Hopewell to Westover | Prince George, Charles City, Hopewell | G03 | E. coli | 8.67E+14 | cfu/year |
60. | Austin Creek | Total Maximum Daily Load Development for the James River Basin | Buckingham | H21 | E. coli | 1.62E+10 | cfu/year |
61. | Fisby Branch | Total Maximum Daily Load Development for the James River Basin | Buckingham | H21 | E. coli | 2.15E+10 | cfu/year |
62. | Rock Island Creek | Total Maximum Daily Load Development for the James River Basin | Buckingham | H17 | E. coli | 3.38E+10 | cfu/year |
63. | Slate River, upper | Total Maximum Daily Load Development for the James River Basin | Buckingham | H21 | E. coli | 4.22E+10 | cfu/year |
64. | Troublesome Creek | Total Maximum Daily Load Development for the James River Basin | Buckingham | H21 | E. coli | 5.23E+10 | cfu/year |
65. | North River | Total Maximum Daily Load Development for the James River Basin | Buckingham | H21 | E. coli | 5.52E+10 | cfu/year |
66. | Ballinger Creek | Total Maximum Daily Load Development for the James River Basin | Albemarle | H17 | E. coli | 5.75E+10 | cfu/year |
67. | Totier Creek | Total Maximum Daily Load Development for the James River Basin | Albemarle | H17 | E. coli | 1.62E+11 | cfu/year |
68. | Slate River, lower | Total Maximum Daily Load Development for the James River Basin | Buckingham | H21, H22 | E. coli | 3.19E+12 | cfu/year |
69. | Fine Creek | Total Maximum Daily Load Development for the James River and Tributaries - Lower Piedmont Region | Powhatan | H38 | E. coli | 3.66E+10 | cfu/year |
70. | Big Lickinghole Creek, Little Lickinghole Creek | Total Maximum Daily Load Development for the James River and Tributaries - Lower Piedmont Region | Goochland | H37 | E. coli | 7.94E+10 | cfu/year |
71. | Byrd Creek | Total Maximum Daily Load Development for the James River and Tributaries - Lower Piedmont Region | Goochland, Fluvanna | H34 | E. coli | 1.08E+11 | cfu/year |
72. | Upper James River | Total Maximum Daily Load Development for the James River and Tributaries - Lower Piedmont Region | Cumberland, Fluvanna, Powhatan, Goochland | H33, H34, H37 | E. coli | 3.50E+11 | cfu/year |
73. | Beaverdam Creek | Total Maximum Daily Load Development for the James River and Tributaries - Lower Piedmont Region | Goochland | H38 | E. coli | 1.60E+12 | cfu/year |
74. | Lower James River | Total Maximum Daily Load Development for the James River and Tributaries - Lower Piedmont Region | Cumberland, Fluvanna, Powhatan, Goochland | H33, H34, H37, H38 | E. coli | 8.20E+12 | cfu/year |
75. | No Name Creek | Bacterial Total Maximum Daily Load Development for the James River and Tributaries - City of Richmond | Chesterfield | G01 | E. coli | 4.66E+11 | cfu/year |
76. | Bernards Creek | Bacterial Total Maximum Daily Load Development for the James River and Tributaries - City of Richmond | Powhatan | H39 | E. coli | 1.67E+12 | cfu/year |
77. | Goode Creek | Bacterial Total Maximum Daily Load Development for the James River and Tributaries - City of Richmond | Richmond City | G01 | E. coli | 2.52E+12 | cfu/year |
78. | Gillies Creek | Bacterial Total Maximum Daily Load Development for the James River and Tributaries - City of Richmond | Henrico, Richmond City | G01 | E. coli | 2.93E+12 | cfu/year |
79. | Powhite Creek | Bacterial Total Maximum Daily Load Development for the James River and Tributaries - City of Richmond | Chesterfield | H39 | E. coli | 3.34E+12 | cfu/year |
80. | Almond Creek | Bacterial Total Maximum Daily Load Development for the James River and Tributaries - City of Richmond | Henrico | G01 | E. coli | 4.39E+12 | cfu/year |
81. | Falling Creek | Bacterial Total Maximum Daily Load Development for the James River and Tributaries - City of Richmond | Chesterfield, Richmond City | G01 | E. coli | 1.64E+13 | cfu/year |
82. | Reedy Creek | Bacterial Total Maximum Daily Load Development for the James River and Tributaries - City of Richmond | Richmond City | H39 | E. coli | 8.23E+13 | cfu/year |
83. | Tidal James River | Bacterial Total Maximum Daily Load Development for the James River and Tributaries - City of Richmond | Henrico, Richmond City, Goochland, Powhatan, Chesterfield | G01, G02, H39 | E. coli | 3.76E+14 | cfu/year |
84. | Lower James River | Bacterial Total Maximum Daily Load Development for the James River and Tributaries - City of Richmond | Henrico, Richmond City, Goochland, Powhatan, Chesterfield | H39 | E. coli | 3.06E+15 | cfu/year |
85. | Ivy Creek | Bacteria Total Maximum Daily Load Development for the James River Basin | Lynchburg, Bedford | H03 | E. coli | 6.25E+11 | cfu/year |
86. | Burton Creek | Bacteria Total Maximum Daily Load Development for the James River Basin | Lynchburg | H03 | E. coli | 7.37E+11 | cfu/year |
87. | Judith Creek | Bacteria Total Maximum Daily Load Development for the James River Basin | Lynchburg, Bedford | H03 | E. coli | 8.31E+11 | cfu/year |
88. | Tomahawk Creek | Bacteria Total Maximum Daily Load Development for the James River Basin | Lynchburg | H03 | E. coli | 8.34E+11 | cfu/year |
89. | Fishing Creek | Bacteria Total Maximum Daily Load Development for the James River Basin | Lynchburg | H03 | E. coli | 1.03E+12 | cfu/year |
90. | Blackwater Creek | Bacteria Total Maximum Daily Load Development for the James River Basin | Lynchburg | H03 | E. coli | 3.06E+12 | cfu/year |
91. | James River | Bacteria Total Maximum Daily Load Development for the James River Basin | Amherst, Bedford, Lynchburg | H01, H02, H03, H04, H05 | E. coli | 2.75E+14 | cfu/year |
92. | Baptist Run | Fecal Bacteria Total Maximum Daily Load Development for Warwick River | York | G11 | E. coli | 3.89E+09 | cfu/year |
93. | Deep Creek | Fecal Bacteria Total Maximum Daily Load Development for Warwick River | Newport News | G11, C07 | Enterococci | 5.59E+12 | cfu/year |
94. | Skiffes Creek | Fecal Bacteria Total Maximum Daily Load Development for Warwick River | James City | G11 | Fecal coliform | 2.46E+12 | cfu/year |
95. | James River, Warwick River | Fecal Bacteria Total Maximum Daily Load Development for Warwick River | Newport News, York | G11 | Fecal coliform | 3.04E+12 | cfu/year |
96. | Kings Creek and Bay | Shellfish Bacteria Total Maximum Daily Load (TMDL) Development Kings Creek and Bay and Ballard Creek and Bay Watersheds | Isle of Wight | G11 | Fecal coliform | 1.23E+09 | counts/day |
97. | Ballard Creek and Bay | Shellfish Bacteria Total Maximum Daily Load (TMDL) Development Kings Creek and Bay and Ballard Creek and Bay Watersheds | Isle of Wight | G11 | Fecal coliform | 1.64E+09 | counts/day |
98. | Lawnes Creek | TMDL Report for Chesapeake Bay Shellfish Waters: Lawnes Creek Bacterial Impairment | Surry | G11 | Fecal coliform | 5.94E+08 | MPN/day |
99. | Looney Creek | Bacteria TMDL for Looney Creek | Botetourt | I26 | E. coli | 1.84E+10 | cfu/year |
100. | Buffalo Creek, South Fork | Bacteria Total Maximum Daily Load Development for Colliers Creek, North Fork Buffalo Creek, South Fork Buffalo Creek, Buffalo Creek, Maury River and Cedar Creek and a Sediment Total Maximum Daily Load Development for Colliers Creek | Botetourt, Rockbridge | I38 | E. coli | 2.01E+11 | cfu/year |
101. | Colliers Creek | Bacteria Total Maximum Daily Load Development for Colliers Creek, North Fork Buffalo Creek, South Fork Buffalo Creek, Buffalo Creek, Maury River and Cedar Creek and a Sediment Total Maximum Daily Load Development for Colliers Creek | Rockbridge | I38 | E. coli | 4.75E+11 | cfu/year |
102. | Cedar Creek | Bacteria Total Maximum Daily Load Development for Colliers Creek, North Fork Buffalo Creek, South Fork Buffalo Creek, Buffalo Creek, Maury River and Cedar Creek and a Sediment Total Maximum Daily Load Development for Colliers Creek | Rockbridge | I28 | E. coli | 5.01E+11 | cfu/year |
103. | Buffalo Creek, North Fork | Bacteria Total Maximum Daily Load Development for Colliers Creek, North Fork Buffalo Creek, South Fork Buffalo Creek, Buffalo Creek, Maury River and Cedar Creek and a Sediment Total Maximum Daily Load Development for Colliers Creek | Rockbridge | I38 | E. coli | 6.52E+11 | cfu/year |
104. | Buffalo Creek | Bacteria Total Maximum Daily Load Development for Colliers Creek, North Fork Buffalo Creek, South Fork Buffalo Creek, Buffalo Creek, Maury River and Cedar Creek and a Sediment Total Maximum Daily Load Development for Colliers Creek | Rockbridge | I38 | E. coli | 1.91E+12 | cfu/year |
105. | Maury River | Bacteria Total Maximum Daily Load Development for Colliers Creek, North Fork Buffalo Creek, South Fork Buffalo Creek, Buffalo Creek, Maury River and Cedar Creek and a Sediment Total Maximum Daily Load Development for Colliers Creek | Buena Vista, Rockbridge | I37, I38 | E. coli | 2.98E+13 | cfu/year |
106. | Powhatan Creek | Bacteria Total Maximum Daily Load Development for Mill Creek and Powhatan Creek | James City | G10 | E. coli | 1.78E+13 | cfu/year |
107. | Mill Creek | Bacteria Total Maximum Daily Load Development for Mill Creek and Powhatan Creek | James City | G10 | Enterococci | 3.63E+12 | cfu/year |
108. | Powhatan Creek | Bacteria Total Maximum Daily Load Development for Mill Creek and Powhatan Creek | James City | G10 | Enterococci | 7.24E+12 | cfu/year |
109. | Moores Creek | Development of the Total Maximum Daily Load (TMDL) for Fecal Coliform Bacteria in Moore's Creek, Albemarle County, Virginia | Charlottesville, Albemarle | H28 | Fecal coliform | 3.30E+13 | cfu/year |
110. | Morris Creek | Morris Creek (tidal), Charles City County Total Maximum Daily Load for Bacteria Contamination Impaired for Recreational Use | Charles City | G08 | Enterococci | 2.92E+10 | cfu/day |
111. | Shingle Creek | Fecal Bacteria Total Maximum Daily Load for the Nansemond River | Suffolk | G13, K39 | Fecal coliform | 2.78E+09 | cfu/year |
112. | Nansemond River, upper and middle | Fecal Bacteria Total Maximum Daily Load for the Nansemond River | Isle of Wight, Suffolk | G12, G13, G14 | Fecal coliform | 3.89E+10 | cfu/year |
113. | Shingle Creek | Fecal Bacteria Total Maximum Daily Load for the Nansemond River | Suffolk | G13, K39 | Enterococci | 2.19E+10 | cfu/year |
114. | Nansemond River, upper | Fecal Bacteria Total Maximum Daily Load for the Nansemond River | Isle of Wight, Suffolk | G12, G13, G14 | Enterococci | 9.99E+10 | cfu/year |
115. | Nansemond River (Lake Meade) | Fecal Bacteria Total Maximum Daily Load for the Nansemond River | Suffolk | G12, G13 | Enterococci | 9.99E+10 | cfu/year |
116. | Pagan River, middle and upper | Fecal Bacteria Total Maximum Daily Load Development for Pagan River | Isle of Wight | G11 | Enterococci | 3.01E+12 | cfu/year |
117. | Pagan River and Jones Creek | Fecal Bacteria Total Maximum Daily Load Development for Pagan River | Isle of Wight | G11 | Fecal coliform | 2.15E+12 | cfu/year |
118. | Lower Reed Creek | Bacteria TMDL for Reed Creek | Bedford | H01 | E. coli | 0 | cfu/year |
119. | Beaver Creek | Bacteria TMDL Development for the Rivanna River Mainstem, North Fork Rivanna River, Preddy Creek and Tributaries, Meadow Creek, Mechums River, and Beaver Creek Watersheds | Albemarle | H23 | E. coli | 3.29E+10 | cfu/year |
120. | Mechums River | Bacteria TMDL Development for the Rivanna River Mainstem, North Fork Rivanna River, Preddy Creek and Tributaries, Meadow Creek, Mechums River, and Beaver Creek Watersheds | Albemarle | H23 | E. coli | 3.31E+10 | cfu/year |
121. | Preddy Creek | Bacteria TMDL Development for the Rivanna River Mainstem, North Fork Rivanna River, Preddy Creek and Tributaries, Meadow Creek, Mechums River, and Beaver Creek Watersheds | Greene, Albemarle | H27 | E. coli | 2.43E+11 | cfu/year |
122. | Rivanna River, North Fork | Bacteria TMDL Development for the Rivanna River Mainstem, North Fork Rivanna River, Preddy Creek and Tributaries, Meadow Creek, Mechums River, and Beaver Creek Watersheds | Greene, Albemarle | H27 | E. coli | 2.15E+12 | cfu/year |
123. | Meadow Creek | Bacteria TMDL Development for the Rivanna River Mainstem, North Fork Rivanna River, Preddy Creek and Tributaries, Meadow Creek, Mechums River, and Beaver Creek Watersheds | Charlottesville | H28 | E. coli | 3.89E+12 | cfu/year |
124. | Rivanna River | Bacteria TMDL Development for the Rivanna River Mainstem, North Fork Rivanna River, Preddy Creek and Tributaries, Meadow Creek, Mechums River, and Beaver Creek Watersheds | Charlottesville, Albemarle, Greene | H23, H24, H25, H26, H27, H28 | E. coli | 4.93E+12 | cfu/year |
125. | Rockfish River, North Fork | Bacteria Total Maximum Daily Load Development for Rockfish River, North Fork Rockfish River, and South Fork Rockfish River | Nelson | H15 | E. coli | 8.44E+11 | cfu/year |
126. | Rockfish River, South Fork | Bacteria Total Maximum Daily Load Development for Rockfish River, North Fork Rockfish River, and South Fork Rockfish River | Nelson | H15 | E. coli | 4.40E+12 | cfu/year |
127. | Rockfish River | Bacteria Total Maximum Daily Load Development for Rockfish River, North Fork Rockfish River, and South Fork Rockfish River | Nelson | H15, H16 | E. coli | 5.76E+12 | cfu/year |
128. | Tuckahoe Creek and tributaries | Bacteria TMDL for Tuckahoe Creek, Little Tuckahoe Creek, Anderson, Broad, Georges and Readers Branches, and Deep Run | Henrico, Goochland | H39 | E. coli | 1.05E+13 | cfu/year |
129. | Turner Creek | Bacteria Total Maximum Daily Load Development for Hat Creek, Piney River, Rucker Run, Mill Creek, Rutledge Creek, Turner Creek, Buffalo River and Tye River | Amherst | H12 | E. coli | 1.57E+11 | cfu/year |
130. | Mill Creek | Bacteria Total Maximum Daily Load Development for Hat Creek, Piney River, Rucker Run, Mill Creek, Rutledge Creek, Turner Creek, Buffalo River and Tye River | Amherst | H11 | E. coli | 2.08E+11 | cfu/year |
131. | Hat Creek | Bacteria Total Maximum Daily Load Development for Hat Creek, Piney River, Rucker Run, Mill Creek, Rutledge Creek, Turner Creek, Buffalo River and Tye River | Nelson | H09 | E. coli | 6.02E+11 | cfu/year |
132. | Rutledge Creek | Bacteria Total Maximum Daily Load Development for Hat Creek, Piney River, Rucker Run, Mill Creek, Rutledge Creek, Turner Creek, Buffalo River and Tye River | Amherst | H12 | E. coli | 1.15E+12 | cfu/year |
133. | Rucker Run | Bacteria Total Maximum Daily Load Development for Hat Creek, Piney River, Rucker Run, Mill Creek, Rutledge Creek, Turner Creek, Buffalo River and Tye River | Nelson | H13 | E. coli | 1.32E+12 | cfu/year |
134. | Piney River | Bacteria Total Maximum Daily Load Development for Hat Creek, Piney River, Rucker Run, Mill Creek, Rutledge Creek, Turner Creek, Buffalo River and Tye River | Amherst, Nelson | H10 | E. coli | 2.44E+12 | cfu/year |
135. | Buffalo River | Bacteria Total Maximum Daily Load Development for Hat Creek, Piney River, Rucker Run, Mill Creek, Rutledge Creek, Turner Creek, Buffalo River and Tye River | Amherst | H11, H12 | E. coli | 2.54E+12 | cfu/year |
136. | Tye River | Bacteria Total Maximum Daily Load Development for Hat Creek, Piney River, Rucker Run, Mill Creek, Rutledge Creek, Turner Creek, Buffalo River and Tye River | Amherst, Nelson | H09, H10, H11, H12, H13 | E. coli | 1.33E+13 | cfu/year |
137. | Upham Brook and tributaries | Total Maximum Daily Load Development for the Upham Brook Watershed | Henrico, Richmond City | G05 | E. coli | 8.04E+10 | cfu/year |
138. | White Oak Swamp | Bacteria TMDL for White Oak Swamp | Henrico | G06 | E. coli | 1.58E+12 | cfu/year |
139. | Willis River and tributaries | Fecal coliform TMDL Development for Willis River | Cumberland, Buckingham | H35, H36 | Fecal coliform | 3.15E+11 | cfu/year |
140. | North Creek | Benthic Total Maximum Daily Load (TMDL) Development for the North Creek Watershed | Fluvanna | H20R | Sediment | 7.29 | tons/yr |
141. | North Creek | Benthic Total Maximum Daily Load (TMDL) Development for the North Creek Watershed | Fluvanna | H20R | Total phosphorus | 187.3 | lbs/yr |
142. | Turkey Island Creek | Bacteria TMDL Development for the Turkey Island Creek and James River Westover to Claremont Watershed | Henrico, Charles City | G02R | E. coli | 4.31E+11 | cfu/year |
143. | James River from Westover to Chippokes Point | Bacteria TMDL Development for the Turkey Island Creek and James River Westover to Claremont Watershed | Charles City, Prince George | G02R, G04R | E. coli | 4.25E+13 | cfu/year |
144. | James River from Chippokes Point to Claremont | Bacteria TMDL Development for the Turkey Island Creek and James River Westover to Claremont Watershed | Prince George, Surry | G04E, G04R | E. coli | 4.99E+13 | cfu/year |
145. | Moores Creek | Sediment TMDLs for Moores Creek, Lodge Creek, Meadow Creek, and Schenks Branch | Albemarle, City of Charlottesville | H28 | Sediment | 809.48 | tons/yr |
146. | Lodge Creek | Sediment TMDLs for Moores Creek, Lodge Creek, Meadow Creek, and Schenks Branch | Albemarle, City of Charlottesville | H28 | Sediment | 46.25 | tons/yr |
147. | Meadow Creek | Sediment TMDLs for Moores Creek, Lodge Creek, Meadow Creek, and Schenks Branch | Albemarle, City of Charlottesville | H28 | Sediment | 452.33 | tons/yr |
148. | Schenks Branch | Sediment TMDLs for Moores Creek, Lodge Creek, Meadow Creek, and Schenks Branch | City of Charlottesville | H28 | Sediment | 134.52 | tons/yr |
Notes: 1The total WLA can be increased prior to modification provided that DEQ tracks these changes for bacteria TMDLs where the permit is consistent with water quality standards for bacteria. 2GS means growing season. |
EDITOR'S NOTE:Subsections B and C of 9VAC25-720-60 are not amended; therefore, the text ofthose subsections is not set out.
9VAC25-720-90. Tennessee-Big Sandy River Basin.
A. Total maximum daily loads (TMDLs).
TMDL # | Stream Name | TMDL Title | City/County | WBID | Pollutant | WLA1 | Units |
1. | Guest River | Guest River Total Maximum Load Report | Wise | P11R | Sediment | 317.92 | LB/YR |
2. | Cedar Creek | Total Maximum Daily Load (TMDL) Development for Cedar Creek, Hall/Byers Creek and Hutton Creek | Washington | O05R | Sediment | 1,789.93 | LB/YR |
3. | Hall/Byers Creek | Total Maximum Daily Load (TMDL) Development for Cedar Creek, Hall/Byers Creek and Hutton Creek | Washington | O05R | Sediment | 57,533.49 | LB/YR |
4. | Hutton Creek | Total Maximum Daily Load (TMDL) Development for Cedar Creek, Hall/Byers Creek and Hutton Creek | Washington | O05R | Sediment | 91.32 | LB/YR |
5. | Clinch River | Total Maximum Daily Load Development for the Upper Clinch River Watershed | Tazewell | P01R | Sediment | 206,636 | LB/YR |
6. | Lewis Creek | Total Maximum Daily Load Development for the Lewis Creek Watershed | Russell | P04R | Sediment | 40,008 21,732 | LB/YR |
7. | Black Creek | General Standard Total Maximum Daily Load Development for Black Creek, Wise County, Virginia | Wise | P17R | Manganese | 2,127 | KG/YR |
8. | Dumps Creek | General Standard Total Maximum Daily Load Development for Dumps Creek, Russell County, Virginia | Russell | P08R | Total dissolved solids | 1,631,575 | KG/YR |
9. | Dumps Creek | General Standard Total Maximum Daily Load Development for Dumps Creek, Russell County, Virginia | Russell | P08R | Total suspended solids | 316,523 322,234 | KG/YR |
10. | Beaver Creek | Total Maximum Daily Load Development for the Beaver Creek Watershed | Washington | O07R | Sediment | 784,036 | LB/YR |
11. | Stock Creek | General Standard (Benthic) Total Maximum Daily Load Development for Stock Creek | Scott | P13R | Sediment | 0 | T/YR |
12. | Lick Creek | Lick Creek TMDLs for Benthic Impairments-Dickenson, Russell and Wise Counties | Dickenson, Russell, Wise | P10R | Sediment | 63 | T/YR |
13. | Cigarette Hollow | Lick Creek TMDLs for Benthic Impairments-Dickenson, Russell and Wise Counties | Dickenson, Russell, Wise | P10R | Sediment | 0.4 | T/YR |
14. | Laurel Branch | Lick Creek TMDLs for Benthic Impairments-Dickenson, Russell and Wise Counties | Dickenson, Russell, Wise | P10R | Sediment | 3.9 | T/YR |
15. | Right Fork | Lick Creek TMDLs for Benthic Impairments-Dickenson, Russell and Wise Counties | Dickenson, Russell, Wise | P10R | Sediment | 1.3 | T/YR |
16. | Middle Fork Holston River | Bacteria and Benthic Total Maximum Daily Load Development for Middle Fork Holston River | Washington, Smyth | O05R | Sediment | 100.4 | T/YR |
17. | Wolf Creek | Bacteria and Benthic Total Maximum Daily Load Development for Wolf Creek | Washington | O06R | Sediment | 301.6 | T/YR |
18. | North Fork Holston River | Mercury Total Maximum Daily Load Development for the North Fork Holston River, Virginia | Scott, Washington, Smyth, Bland, Tazewell, Russell | O10R | Total mercury | 11.9 | G/YR |
19. | Laurel Creek | Bacteria and Sediment TMDL Development Lower Clinch River Watershed, VA | Russell, Tazewell | P05R | Sediment | 0.26 | T/YR |
20. | Thompson Creek | |