REGISTER INFORMATION PAGE
Vol. 32 Iss. 26 - August 22, 2016

The Virginia Register OF REGULATIONS is an official state publication issued every other week throughout the year. Indexes are published quarterly, and are cumulative for the year. The Virginia Register has several functions. The new and amended sections of regulations, both as proposed and as finally adopted, are required by law to be published in the Virginia Register. In addition, the Virginia Register is a source of other information about state government, including petitions for rulemaking, emergency regulations, executive orders issued by the Governor, and notices of public hearings on regulations.

ADOPTION, AMENDMENT, AND REPEAL OF REGULATIONS

An agency wishing to adopt, amend, or repeal regulations must first publish in the Virginia Register a notice of intended regulatory action; a basis, purpose, substance and issues statement; an economic impact analysis prepared by the Department of Planning and Budget; the agency’s response to the economic impact analysis; a summary; a notice giving the public an opportunity to comment on the proposal; and the text of the proposed regulation.

Following publication of the proposal in the Virginia Register, the promulgating agency receives public comments for a minimum of 60 days. The Governor reviews the proposed regulation to determine if it is necessary to protect the public health, safety and welfare, and if it is clearly written and easily understandable. If the Governor chooses to comment on the proposed regulation, his comments must be transmitted to the agency and the Registrar no later than 15 days following the completion of the 60-day public comment period. The Governor’s comments, if any, will be published in the Virginia Register. Not less than 15 days following the completion of the 60-day public comment period, the agency may adopt the proposed regulation.

The Joint Commission on Administrative Rules (JCAR) or the appropriate standing committee of each house of the General Assembly may meet during the promulgation or final adoption process and file an objection with the Registrar and the promulgating agency. The objection will be published in the Virginia Register. Within 21 days after receipt by the agency of a legislative objection, the agency shall file a response with the Registrar, the objecting legislative body, and the Governor.

When final action is taken, the agency again publishes the text of the regulation as adopted, highlighting all changes made to the proposed regulation and explaining any substantial changes made since publication of the proposal. A 30-day final adoption period begins upon final publication in the Virginia Register.

The Governor may review the final regulation during this time and, if he objects, forward his objection to the Registrar and the agency. In addition to or in lieu of filing a formal objection, the Governor may suspend the effective date of a portion or all of a regulation until the end of the next regular General Assembly session by issuing a directive signed by a majority of the members of the appropriate legislative body and the Governor. The Governor’s objection or suspension of the regulation, or both, will be published in the Virginia Register. If the Governor finds that changes made to the proposed regulation have substantial impact, he may require the agency to provide an additional 30-day public comment period on the changes. Notice of the additional public comment period required by the Governor will be published in the Virginia Register.

The agency shall suspend the regulatory process for 30 days when it receives requests from 25 or more individuals to solicit additional public comment, unless the agency determines that the changes have minor or inconsequential impact.

A regulation becomes effective at the conclusion of the 30-day final adoption period, or at any other later date specified by the promulgating agency, unless (i) a legislative objection has been filed, in which event the regulation, unless withdrawn, becomes effective on the date specified, which shall be after the expiration of the 21-day objection period; (ii) the Governor exercises his authority to require the agency to provide for additional public comment, in which event the regulation, unless withdrawn, becomes effective on the date specified, which shall be after the expiration of the period for which the Governor has provided for additional public comment; (iii) the Governor and the General Assembly exercise their authority to suspend the effective date of a regulation until the end of the next regular legislative session; or (iv) the agency suspends the regulatory process, in which event the regulation, unless withdrawn, becomes effective on the date specified, which shall be after the expiration of the 30-day public comment period and no earlier than 15 days from publication of the readopted action.

A regulatory action may be withdrawn by the promulgating agency at any time before the regulation becomes final.

FAST-TRACK RULEMAKING PROCESS

Section 2.2-4012.1 of the Code of Virginia provides an exemption from certain provisions of the Administrative Process Act for agency regulations deemed by the Governor to be noncontroversial.  To use this process, Governor's concurrence is required and advance notice must be provided to certain legislative committees.  Fast-track regulations will become effective on the date noted in the regulatory action if no objections to using the process are filed in accordance with § 2.2-4012.1.

EMERGENCY REGULATIONS

Pursuant to § 2.2-4011 of the Code of Virginia, an agency, upon consultation with the Attorney General, and at the discretion of the Governor, may adopt emergency regulations that are necessitated by an emergency situation. An agency may also adopt an emergency regulation when Virginia statutory law or the appropriation act or federal law or federal regulation requires that a regulation be effective in 280 days or less from its enactment. The emergency regulation becomes operative upon its adoption and filing with the Registrar of Regulations, unless a later date is specified. Emergency regulations are limited to no more than 18 months in duration; however, may be extended for six months under certain circumstances as provided for in § 2.2-4011 D. Emergency regulations are published as soon as possible in the Register.

During the time the emergency status is in effect, the agency may proceed with the adoption of permanent regulations through the usual procedures. To begin promulgating the replacement regulation, the agency must (i) file the Notice of Intended Regulatory Action with the Registrar within 60 days of the effective date of the emergency regulation and (ii) file the proposed regulation with the Registrar within 180 days of the effective date of the emergency regulation. If the agency chooses not to adopt the regulations, the emergency status ends when the prescribed time limit expires.

STATEMENT

The foregoing constitutes a generalized statement of the procedures to be followed. For specific statutory language, it is suggested that Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia be examined carefully.

CITATION TO THE VIRGINIA REGISTER

The Virginia Register is cited by volume, issue, page number, and date. 29:5 VA.R. 1075-1192 November 5, 2012, refers to Volume 29, Issue 5, pages 1075 through 1192 of the Virginia Register issued on
November 5, 2012.

The Virginia Register of Regulations is published pursuant to Article 6 (§ 2.2-4031 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia.

Members of the Virginia Code Commission: John S. Edwards, Chair; James M. LeMunyon, Vice Chair; Gregory D. Habeeb; Ryan T. McDougle; Robert L. Calhoun; Carlos L. Hopkins; Leslie L. Lilley; E.M. Miller, Jr.; Thomas M. Moncure, Jr.; Christopher R. Nolen; Timothy Oksman; Charles S. Sharp; Mark J. Vucci.

Staff of the Virginia Register: Jane D. Chaffin, Registrar of Regulations; Karen Perrine, Assistant Registrar; Anne Bloomsburg, Regulations Analyst; Rhonda Dyer, Publications Assistant; Terri Edwards, Operations Staff Assistant.


PUBLICATION SCHEDULE AND DEADLINES
Vol. 32 Iss. 26 - August 22, 2016

August 2016 through August 2017

Volume: Issue

Material Submitted By Noon*

Will Be Published On

32:26

August 3, 2016

August 22, 2016

33:1

August 17, 2016

September 5, 2016

33:2

August 31, 2016

September 19, 2016

33:3

September 14, 2016

October 3, 2016

33:4

September 28, 2016

October 17, 2016

33:5

October 12, 2016

October 31, 2016

33:6

October 26, 2016

November 14, 2016

33:7

November 9, 2016

November 28, 2016

33:8

November 22, 2016 (Tuesday)

December 12, 2016

33:9

December 7, 2016

December 26, 2016

33:10

December 19, 2016 (Monday)

January 9, 2017

33:11

January 4, 2017

January 23, 2017

33:12

January 18, 2017

February 6, 2017

33:13

February 1, 2017

February 20, 2017

33:14

February 15, 2017

March 6, 2017

33:15

March 1, 2017

March 20, 2017

33:16

March 15, 2017

April 3, 2017

33:17

March 29, 2017

April 17, 2017

33:18

April 12, 2017

May 1, 2017

33:19

April 26, 2017

May 15, 2017

33:20

May 10, 2017

May 29, 2017

33:21

May 24, 2017

June 12, 2017

33:22

June 7, 2017

June 26, 2017

33:23

June 21, 2017

July 10, 2017

33:24

July 5, 2017

July 24, 2017

33:25

July 19, 2017

August 7, 2014

33:26

August 2, 2017

August 21, 2017

*Filing deadlines are Wednesdays unless otherwise specified.


REGULATIONS
Vol. 32 Iss. 26 - August 22, 2016

TITLE 1. ADMINISTRATION
DEPARTMENT OF GENERAL SERVICES
Proposed Regulation

Title of Regulation: 1VAC30-105. Regulations Banning Concealed Firearms in Offices Owned or Occupied by Executive Branch Agencies (adding 1VAC30-105-10 through 1VAC30-105-80).

Statutory Authority: § 2.2-1102 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: October 21, 2016.

Agency Contact: Rhonda Bishton, Regulatory Coordinator, Department of General Services, 1100 Bank Street, Suite 420, Richmond, VA 23219, telephone (804) 786-3311, FAX (804) 371-8305, or email rhonda.bishton@dgs.virginia.gov.

Basis: Subsection B of § 2.2-1100 and subdivision A 1 of § 2.2-1102 of the Code of Virginia establish the Department of General Services (DGS) and allow the department to prescribe regulations. DGS has been directed by the Governor to issue these regulations in Executive Order (EO) 50 (2015).

Purpose: As stated in the EO, it is the Governor's desire to protect citizens and state employees from gun violence. The purpose of this regulation is to ban concealed firearms from offices owned, leased, or controlled by executive branch agencies. While state employees are already prohibited from carrying firearms through state personnel directives, this regulation will extend that prohibition to members of the public and other nonemployee individuals who may enter the premises.

Substance: Possession or carrying of any concealed firearm by any person is prohibited in and on state offices. Entry upon a state office in violation of this prohibition is expressly forbidden. This prohibition does not apply to law-enforcement officers, authorized security personnel, or military personnel when such individuals are authorized to carry a firearm in accordance with their duties and when they are carrying the firearm within that authority. It also does not apply to state employees where the employee's position requires carrying a concealed firearm.

Issues: Every day, over 60,000 Virginians report to work in state government buildings across the Commonwealth to provide services to their fellow Virginians. Citizens rely on open access to these facilities to address their personal and professional needs. Government facilities are essential to allowing citizens access to their government representatives. Allowing concealed carry in these facilities exposes our state employees and fellow citizens to unnecessary risk.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. Pursuant to Executive Order 50 (2015), the Department of General Services (DGS) proposes to ban carrying of concealed weapons in executive branch buildings.

Estimated Economic Impact. On October 15, 2015, Governor McAuliffe signed Executive Order 50 (2015)1 ordering the Director of DGS "to propose regulations banning carrying of concealed weapons in offices occupied by executive branch agencies, unless held by law enforcement, authorized security, or military personnel authorized to carry firearms in accordance with their duties." DGS promulgated an emergency regulation to implement this order on December 3, 2015, and it is currently scheduled to expire on June 2, 2017. The proposed regulation will make the emergency regulation permanent.

This regulation applies to buildings owned, leased, or controlled in whole or in part by or for an executive branch agency. It does not apply to open carry firearms in executive branch buildings as DGS has previously implemented the executive ban on those firearms through a guidance document. Pursuant to state personnel policy, state employees were already prohibited from possessing, brandishing, or using weapons on state premises. State institutions of higher education are exempt from this regulation so long as the institution has implemented its own policies or regulations governing firearms. State-owned or leased parking facilities, recreational lodges and cabins, employee housing, rest areas on interstate highways, and public hunting lands are not subject to this regulation.

According to DGS, there are approximately 11,000 buildings that fall under the purview of the proposed regulation. Some of the buildings are storage facilities but the remainder house many employees and some are visited by members of the public. Approximately 60,000 employees are estimated to be working in the buildings covered by this regulation;2 however, the number of public visitors to affected buildings is not known.

According to the State Police, the numbers of resident and non-resident concealed carry permits in Virginia are 429,403 and 17,917, respectively.3 As of July 2015, Virginia's 18 year-old and older population is estimated to be 6,512,571.4 Thus, approximately seven percent of the adult population carries a concealed firearm in Virginia.5 Given these statistics, it would be reasonable to expect that about seven percent of visitors to executive branch buildings may be affected by the proposed regulation.

The intended goal of the proposed regulation is to reduce or prevent gun violence in executive branch buildings. Assessing the benefits versus costs of the proposed regulation essentially requires an assessment of the impact of the proposed ban. For example, whether the ban would prevent attempts to bring unauthorized concealed weapons into the state buildings by perpetrators would have to be estimated. Similarly, whether the ban would have an impact on the potential for an attack resulting from the presence of a firearm in a state building would have to be estimated, as well. To date, data on gun violence in government office buildings reflects statistically low incident rates given that many individuals pass in and out of state office buildings each day. Any estimate of the likelihood of an attack or its potential impact based on the small sample size of available data would be subject to great uncertainty. For example, even though we know that between 2000 and 2013, 11 active shooter incidents (not inclusive of all firearm incidents) occurred on non-military government properties (excluding schools) in the United States,6 estimating potential future incidents from that data would be subject to great uncertainty. In addition, there is no available data of past incidents of guns entering or being brandished within affected executive branch buildings in Virginia. Thus, any impact of the proposed ban cannot be ascertained due to lack of data.

Whether the proposed regulation introduces additional compliance costs also must be considered. The security for buildings owned directly by agencies is decided by the agency that owns the building. The security in executive branch buildings in Capitol Square is provided through a contract between the Division of Capitol Police and DGS. The security for space leased from the private sector is provided by the landlord. According to DGS, there has been no directive to require additional training for the security personnel or to purchase new equipment to enforce the regulation. The proposed regulation requires agencies to post signs in state buildings occupied or managed by them. According to Virginia Correctional Enterprises, $29,552 worth of signs have been purchased to date. These signs include information on the prohibition of both open and concealed carry weapons.

Businesses and Entities Affected. There are approximately 11,000 buildings used by executive branch agencies and approximately 60,000 employees working in those buildings. Currently, the numbers of resident and non-resident concealed carry permits in Virginia are 429,403 and 17,917, respectively.7 Given the available population and permit data, it would be reasonable to expect that about seven percent of visitors to executive branch buildings may be affected by the proposed regulation. However, there is no available data on the actual total number of private citizens or the number of private citizens with concealed carry permits visiting affected facilities.

Localities Particularly Affected. The proposed regulation applies statewide.

Projected Impact on Employment. No impact on employment is expected.

Effects on the Use and Value of Private Property. No impact on the use and value of private property is expected.

Real Estate Development Costs. No impact on real estate development costs is expected.

Small Businesses:

Definition. Pursuant to § 2.2-4007.04 of the Code of Virginia, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

Costs and Other Effects. The proposed regulation does not affect small businesses.

Alternative Method that Minimizes Adverse Impact. The proposed regulation does not have an adverse impact on small businesses.

Adverse Impacts:

Businesses. The proposed regulation does not have an adverse impact on businesses.

Localities. The proposed regulation does not adversely affect localities.

Other Entities. The proposed regulation prohibits concealed weapons from being carried into executive branch buildings. Based on comments submitted during the comment period following the Notice of Intended Regulatory Action for the permanent replacement regulation, many concealed carry permit holders perceive the ban as being adverse to their right to carry arms. However, since it is not known how many of these individuals would be directly impacted (e.g., wanting to enter a state building carrying their weapon), this potential adverse impact cannot be quantified as an adverse economic impact.

______________________________________________

1 See http://governor.virginia.gov/media/4685/eo-50-on-gun-violence-final.pdf.

2 Source: EO 50 (2015)

3 Chapter 47 of the 2016 Acts of Assembly amended the reciprocity requirements which may impact the number of non-resident permits in Virginia. See http://leg1.state.va.us/cgi-bin/legp504.exe?161+ful+CHAP0047.

4 Source: U.S. Census Bureau

5 6.6 percent if non-resident permits are excluded and 6.9 percent with non-resident permits.

6 A Study of Active Shooter Incidents in the United States Between 2000 and 2013, U.S. Department of Justice, Federal Bureau of Investigation, September 16, 2013.

7 Chapter 47 of the 2016 Acts of Assembly amended the reciprocity requirements which may impact the number of non-resident permits in Virginia. See http://leg1.state.va.us/cgi-bin/legp504.exe?161+ful+CHAP0047.

Agency's Response to Economic Impact Analysis: The agency concurs with the economic impact analysis of the Department of Planning and Budget.

Summary:

The proposed regulation prohibits concealed firearms in offices and workplace facilities under the ownership, lease, or control of an executive branch agency and includes a requirement for posting signs to this effect.

CHAPTER 105
REGULATIONS BANNING CONCEALED FIREARMS IN OFFICES OWNED OR OCCUPIED BY EXECUTIVE BRANCH AGENCIES

1VAC30-105-10. Purpose.

The purpose of this chapter is to ban the carrying of concealed firearms in offices occupied by executive branch agencies, with certain exceptions as set forth herein.

1VAC30-105-20. Applicability.

A. This chapter applies to all buildings owned, leased, or controlled in whole or in part by or for an executive branch agency. This chapter is intended to be consistent with the Virginia Department of Human Resource Management Policy 1.80 – Workplace Violence, which prohibits state employees from possessing, brandishing, or using a weapon that is not required by the employee's position while on state premises or engaged in state business.

B. This chapter applies to the concealed carrying of firearms; the Department of General Services has issued a guidance document elsewhere prohibiting the open carrying of firearms.

C. The prohibition against carrying a concealed firearm does not apply to law-enforcement officers, authorized security personnel, or military personnel when such individuals are authorized to carry a firearm in accordance with their duties and when they are carrying the firearm within that authority. It also does not apply to state employees where the employee's position requires carrying a concealed firearm.

D. This chapter does not apply to individuals who are on public hunting lands, are engaged in lawful hunting, and are in compliance with the Department of Game and Inland Fisheries hunting and trapping regulations found in 4VAC15, regarding allowable firearms and hunting license requirements.

1VAC30-105-30. Definitions.

"Authorized security personnel" means a natural person who is employed to (i) perform the functions of observation, detection, reporting, or notification of appropriate authorities or designated agents regarding persons or property on the premises he is assigned to protect; (ii) safeguard and protect persons and property; or (iii) deter theft, loss, or concealment of any tangible or intangible personal property on the premises he is assigned to protect.

"Concealed firearm" means a firearm hidden from common observation, including a firearm hidden when it is observable but is of such deceptive appearance as to disguise the firearm's true nature.

"Executive branch agency" means any administrative unit of state government in the executive branch, including any department, institution, commission, board, council, authority, or other body, however designated.

"Firearm" means any handgun, pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material.

"Law-enforcement officer" means the same as that term is defined in § 18.2-307.1 of the Code of Virginia. This shall also include retired law-enforcement officers certified pursuant to § 18.2-308.016 of the Code of Virginia.

"State office" means any building or portion of a building owned, leased, or controlled by or for an executive branch agency. This includes that portion of any building open to others and then used exclusively for functions or activities sponsored by an executive branch agency tenant or tenants while such functions are taking place. It shall not include parking facilities, lodges or cabins owned by the Commonwealth and used solely for the public for recreational activities, any buildings that serve as living quarters for Commonwealth employees, or any buildings at a rest area on an interstate highway.

1VAC30-105-40. Possession of firearms prohibited.

Possession or carrying of any concealed firearm by any person is prohibited in state offices. Entry upon a state office in violation of this prohibition is expressly forbidden. This prohibition does not apply to law-enforcement officers, authorized security personnel, or military personnel when such individuals are authorized to carry a firearm in accordance with their duties and when they are carrying the firearm within that authority. It also does not apply to state employees where the employee's position requires carrying a concealed firearm.

1VAC30-105-50. Required lease terms for state offices.

All leases entered into where an executive branch agency is the lessor shall contain a prohibition on concealed firearms consistent with this chapter. All leases entered into for the benefit of an executive branch agency shall contain this prohibition to indicate the lessor's acknowledgment. Exceptions may be allowed where approved in writing by the Governor or his designee.

1VAC30-105-60. Posting of signs.

A. Posting location. Signs shall be posted at all state offices indicating the prohibition against carrying concealed firearms. Where the entire premises are owned or occupied by an executive branch agency, signs shall be displayed at every entrance. Where only a portion of the premises are leased for an executive branch agency, the signs shall be displayed within the leased space. If an executive branch agency is using an office open to others, temporary signs shall be displayed at or near the entry to the office during the time the office is being used exclusively for Commonwealth sponsored functions or activities while such functions are taking place.

B. Size and design. Signs shall be of a size and design approved by the Department of General Services. Agencies shall be responsible for obtaining signage design from the Department of General Services and for posting of the signs.

1VAC30-105-70. Enforcement.

The occupying agency shall be responsible for enforcing this chapter.

1VAC30-105-80. Exemptions.

A. A state institution of higher education is exempt from this chapter if the institution has implemented its own policies or regulations governing firearms.

B. Members of the Virginia National Guard (the guard) who possess a valid concealed handgun permit shall be exempt from this chapter while at facilities owned by the guard or under contract or lease to the guard. This exemption may be withdrawn by the commanding officer of any member while such member is participating in any training or other exercises where the commanding officer determines that (i) such possession would interfere with the conduct of such training or other exercises, (ii) such possession may result in mission impairment, or (iii) the member is unfit to carry a handgun.

C. The Governor or his designee may otherwise grant exemptions from the requirements of this chapter. To qualify for an exemption, the applying executive branch agency must show that an alternative policy consistent with the Commonwealth's policy against firearms in state offices is appropriate.

VA.R. Doc. No. R16-4572; Filed August 3, 2016, 9:33 a.m.
TITLE 2. AGRICULTURE
BOARD OF AGRICULTURE AND CONSUMER SERVICES
Final Regulation

Title of Regulation: 2VAC5-685. Regulations Governing Pesticide Applicator Certification under Authority of Virginia Pesticide Control Act (amending 2VAC5-685-10 through 2VAC5-685-60, 2VAC5-685-80, 2VAC5-685-90, 2VAC5-685-130, 2VAC5-685-170, 2VAC5-685-180; adding 2VAC5-685-65).

Statutory Authority: § 3.2-3906 of the Code of Virginia.

Effective Date: September 22, 2016.

Agency Contact: Liza Fleeson, Program Manager, Office of Pesticide Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 371-6559, FAX (804) 371-2283, TTY (800) 828-1120, or email liza.fleeson@vdacs.virginia.gov.

Summary:

The amendments update the regulation by (i) amending certain definitions; (ii) allowing an additional 90-day training after an individual fails his initial examination; (iii) revising the process by which persons who cannot read pesticide labels can be certified to apply restricted use pesticides on their own property; (iv) clarifying the on-the-job training requirements for prospective applicators; (v) establishing numeric identifiers for the existing categories of private applicator certification; (vi) prescribing the minimum educational requirements for certified commercial applicators and registered technicians taking board-approved recertification training programs; and (vii) clarifying the requirements for the issuance of a certificate pursuant to a reciprocal agreement with another state.

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.

Part I
Definitions

2VAC5-685-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise. An asterisk or double asterisk following a definition indicates that the definition has been taken from the Virginia Pesticide Control Act, Article 1 (§ 3.2-3900 et seq.) or Article 4 (§ 3.2-3935 et seq.), respectively, of Chapter 39 of Title 3.2 of the Code of Virginia.

"Accident" means an unexpected, undesirable event, involving the use or presence of a pesticide, that adversely affects man or the environment.

"Act" means the Virginia Pesticide Control Act (§ 3.2-3900 et seq. of the Code of Virginia).

"Agricultural commodity" means any plant or part thereof, or animal, or animal product, produced by a person, including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters, nurserymen, wood treaters not for hire, or other comparable persons, primarily for sale, consumption, propagation, or other use by man or animals.*

"Board" means the Board of Agriculture and Consumer Services.

"Board-approved training" means a course which includes, at a minimum, study and review of all the material contained in an edition used in Virginia of (i) a basic pesticide applicator certification training core manual and (ii) a certification training manual for each specific category pertaining to the type of pesticide application to be done.

"Certificate" means the document issued to a certified applicator or registered technician who has completed all the requirements of Article 3 (§ 3.2-3929 et seq.) of Chapter 39 of Title 3.2 of the Code of Virginia.

"Certification" or "certified" means the recognition granted by the Board of Agriculture and Consumer Services to an applicator upon satisfactory completion of board-approved requirements.*

"Chemigation" means the application of any pesticide through an irrigation system.

"Commercial applicator" means any applicator who has completed the requirements as determined by the board, including appropriate training and time in service, to apply for a certification, and who uses or supervises the use of any pesticide for any purpose or on any property, other than as provided in the definition of private applicator.*

"Commercial applicator not for hire" means any commercial applicator who uses or supervises the use of pesticides as part of his job duties only on property owned or leased by him or his employer. It also applies to governmental employees who use or supervise the use of pesticides, whether on property owned or leased by them or their employers or not, in the performance of their official duties.

"Commissioner" means the Commissioner of Agriculture and Consumer Services.

"Competent person" means a person having the demonstrated ability to perform the task to which he is assigned.

"Department" means the Department of Agriculture and Consumer Services.

"Drift" means the physical movement of pesticide through the air at the time of pesticide application or soon thereafter from the target site to any nontarget or off-target site. Pesticide drift will not include movement of pesticides to nontarget or off-target sites caused by erosion, migration, volatility, or windblown soil particles that occurs after application unless specifically addressed on the pesticide product label with respect to drift control requirements.

"EPA" means the United States Environmental Protection Agency.

"Fumigant" means any substance which that by itself or in combination with any other substance emits or liberates a gas or gases, fumes, or vapors that will destroy vermin, rodents, insects, and other pests, and are is usually lethal, poisonous, noxious, or dangerous to human life.

"Fungicide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any fungi or plant disease.*

"Herbicide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any weed.*

"Incident" means a definite and separate occurrence or event, involving the use or presence of a pesticide, that adversely affects man or the environment.

"Insecticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects which that may be present in any environment whatsoever.*

"Knowledge" means the possession and comprehension of pertinent facts, together with the ability to use them in dealing with specific problems and situations within the pesticide context.

"Label" means the written, printed, or graphic matter on, or attached to, the pesticide or device, or the immediate container thereof, and the outside container or wrapper of the retail package, if any, of the pesticide or device.*

"Labeling" means all labels and other written, printed, or graphic matter (i) upon the pesticide or device or any of its containers or wrappers, (ii) accompanying the pesticide or device at any time, or (iii) to which reference is made on the label or in literature accompanying the pesticide or device, except when accurate, nonmisleading reference is made to current official publications of the agricultural experiment station, the Virginia Polytechnic Institute and State University, the Department of Agriculture and Consumer Services, the State Board of Health, or similar federal institutions or other official agencies of the Commonwealth or other states when such states are authorized by law to conduct research in the field of pesticides.*

"Licensed" or "licensee" means those businesses which, when meeting the requirements established by the Board of Agriculture and Consumer Services, are issued a license to engage in the sale, storage, distribution, recommend the use, or application of pesticides in Virginia in exchange for compensation.*

"Marine antifoulant paint" means any compound, coating, paint or treatment applied or used for the purpose of controlling freshwater or marine fouling organisms on vessels.**

"Pesticide" means (i) any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, bacteria, weeds, or other forms of plant or animal life or viruses, except viruses on or in living man or other animals, which the commissioner shall declare to be a pest; (ii) any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant; and (iii) any substance which is intended to become an active ingredient thereof.*

"Pesticide business" means any person engaged in the business of: distributing, applying or recommending the use of a product; or storing, selling, or offering for sale pesticides directly to the user. The term "pesticide business" does not include (i) wood treaters not for hire; (ii) seed treaters not for hire; (iii) operations which that produce agricultural products unless the owners or operators of such operations described in clauses (i), (ii), and (iii) are engaged in the business of selling or offering for sale pesticides, or distributing pesticides to persons outside of that agricultural producing operation in connection with commercial transactions; or (iv) businesses exempted by regulations adopted by the board.*

"Private applicator" means an applicator who uses or supervises the use of any pesticide which that is classified for restricted use for purposes of producing any agricultural commodity on property owned or rented by him or his employer or, if applied without compensation other than trading of personal services between producers of agricultural commodities, on the property of another person.*

"Registered technician" means an individual who renders services similar to those of a certified commercial applicator, but who has not completed all the training or time in service requirements to be eligible for examination for certification as a commercial applicator and is limited to application of general use pesticides. However, if he applies restricted use pesticides he shall do so only under the direct supervision of a certified commercial applicator.* Every registered technician is certified in Category 60 regardless of the category or subcategory in which he is trained and applies pesticides.

"Registered technician not for hire" means any registered technician who uses or supervises the use of pesticides as part of his job duties only on property owned or leased by him or his employer. It also applies to governmental employees who use or supervise the use of pesticides, whether on property owned or leased by them or their employers or not, in the performance of their official duties.

"Repeat violation" means another violation following the first violation of the same provision of the Virginia Pesticide Control Act or the federal Insecticide, Fungicide, and Rodenticide Act (7 USC § 136 et seq.), or regulations adopted pursuant thereto, committed within a three-year period commencing with the date of official notification of the first violation of the provision.

"Restricted entry interval" means the time after the end of a pesticide application during which entry into the treated area is restricted.

"Restricted use pesticide" or "pesticide classified for restricted use" means any pesticide classified for restricted use by the administrator of the EPA under the provisions of 1947 (7 USC § 3(d)(1)(c)) of the federal Insecticide, Fungicide, and Rodenticide Act (as amended).

"Rodenticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating rodents or any other vertebrate animal which the commissioner shall declare to be a pest.*

"Tributyltin compounds" means any compound having three normal butyl groups attached to a tin atom and with or without an anion such as chloride, fluoride, or oxide.**

"Under the direct supervision of" means the act or process whereby the application of a pesticide is made by a competent person acting under the instructions and control of a certified commercial applicator who is responsible for the actions of that person.*

"Under the direct on-site supervision of" means the act or process whereby the application of a pesticide is made by a competent person acting under the instructions and control of a certified commercial applicator who is responsible for the actions of that person and is physically present on the property upon which the pesticide is being applied, and is in constant visual contact with the person applying the pesticide.

"Use" means the employment of a pesticide for the purposes of (i) preventing, destroying, repelling, or mitigating any pest or (ii) regulating plant growth, causing defoliation or desiccation of plants. The term "use" shall include application or mixing, and shall include handling or transfer of a pesticide after the manufacturer's original seal is broken. The term "use" shall also include any act with respect to a particular pesticide which is consistent with the label directions for that particular pesticide.*

"Vessel" means every description of watercraft, other than a seaplane, used or capable of being used as a means of transportation on the water, whether self-propelled or otherwise, and includes barges and tugs.**

Part II
Certification of Pesticide Applicators
 ]

2VAC5-685-20. General requirements for certification.

A. The following persons must be certified as pesticide applicators:

1. Commercial applicators;

2. Registered technicians; and

3. Private applicators.

B. Commercial applicators not for hire must be certified only when using any pesticide in the following areas except as noted in subsection C of this section:

1. Areas open to the general public at daycare facilities, educational institutions, health care facilities, and convalescent facilities;

2. Areas where open food is stored, processed, or sold; and

3. Recreational lands over five acres in size.

C. Employees of local, state, and federal governmental agencies who use or supervise the use of any pesticide on any area in the performance of their official duties must be certified as either commercial applicators not for hire or registered technicians, but they are exempt from any certification fees.

D. All persons desiring certification as pesticide applicators must:

1. Complete board-approved training appropriate for the desired classification;

2. Submit a completed application to the commissioner; and

3. Pass required examination(s) examination or examinations. a. Applicants who do not pass the examination on their first attempt are eligible to be reexamined for the same category 10 days from the date of the first examination.

b. Applicants who fail on the second or subsequent attempts must wait 30 days from the date of the last examination before being reexamined in the same category.

c. Applicants requesting and who request reexamination must resubmit a completed application to the commissioner or his duly authorized agent and pay the nonrefundable applicator certification fee as determined by 2VAC5-675, Rules and Regulations Governing the Pesticide Fees Charged by the Department of Agriculture and Consumer Services Under the Virginia Pesticide Control Act.

E. Persons with a history of repeat violations of federal or state pesticide laws or whose certification or pesticide business license has been revoked within the two-year period immediately prior to application are not eligible for certification. Such persons may appear before the board to show why they should be granted certification as outlined under provisions of § 3.2-3940 E of the Code of Virginia.

F. Applicants for certification cannot engage in the activity for which they are requesting certification, unless participating in supervised direct on-site training, until certification has been issued by the commissioner. Commercial applicators may not apply pesticides in any category or subcategory activity until they have passed the category-specific examination and obtained the appropriate certification.

G. A commercial or private applicator or registered technician may request a duplicate of the certification card if the applicator's or technician's card has been lost, stolen, mutilated or destroyed. The department shall issue a duplicate card to the applicator or technician upon payment of the costs of duplication.

2VAC5-685-30. Specific certification requirements for commercial applicators.

A. In addition to the general requirements listed in 2VAC5-685-20, applicants for commercial applicator certification shall meet the following requirements:

1. Certification as a registered technician, as well as employment as a registered technician for at least a year; or

2. One year of education, training, or experience in a pesticide related field which provides the equivalent practical knowledge of proper pesticide use required of a registered technician.

B. The application process for commercial applicators is as follows:

1. The application must be in writing to the commissioner; and

2. The application must contain:

a. Name;

b. Principal business address in the Commonwealth and elsewhere;

c. Qualifications and proposed operations; and

d. Classification(s) Classification or classifications desired.

Individuals seeking certification as commercial applicators must pay a fee as determined by 2VAC5-675, Rules and Regulations Governing the Pesticide Fees Charged by the Department of Agriculture and Consumer Services Under the Virginia Pesticide Control Act.

C. Applicants shall, within 90 days after submitting the application and paying the fee, report to an authorized testing location and take the required examinations.

D. Applicants who do not complete the certification process within two years of the date of passing the examinations must be reexamined.

E. Aerial pesticide application applicants must meet the requirements of the Federal Aviation Agency, the Virginia Department of Aviation of the Commonwealth, and any other applicable federal or state laws or regulations to operate aerial equipment.

2VAC5-685-40. Specific certification requirements for private applicators.

A. Each applicant for a private applicator's certificate shall apply to the commissioner and then report to an authorized testing location within 90 days and take an examination for each certification category, specified in 2VAC5-685-80, applicable to his operation. The application shall contain the applicant's name, address and classification desired for certification.

B. Persons who cannot read or understand labels shall not be certified as private applicators unless they demonstrate competence to apply restricted use pesticides on their own properties. After consulting the appropriate Virginia Cooperative Extension agent, a department pesticide investigator may recommend that the board grant a waiver of the literacy requirement. Persons seeking a waiver of the literacy requirements shall petition the board. Persons certified under this waiver shall obtain certification in the categories of limited certificate or single product certification as described in 2VAC5-685-80.

2VAC5-685-50. Certification procedures for registered technicians.

A. In addition to the general requirements listed in 2VAC5-685-20, individuals seeking certification as registered technicians must:

1. Receive on-the-job training in the proper application of pesticides under the direct on-site supervision of a certified commercial applicator for at least 20 hours during the six-month period prior to applying for certification;

2. Complete at least 20 hours of board-approved training;

3. Submit an application form with the fee established by regulations of the Board of Agriculture and Consumer Services; and

4. Take the examination within 90 days after an individual is hired or transferred into a position where duties and functions involve the commercial use of pesticides. Individuals not passing the examination on the first attempt must reapply, following the procedures outlined in 2VAC5-685-20 D 3, and retake the examination within 30 days after the first attempt. Individuals failing to take and pass the exam within 30 days of the initial examwithin 90 days of the initial examination ] may not apply pesticides commercially, even under direct on-site supervision, until they pass the examination.

Individuals who have previously submitted an application form and either did not take the examination within 90 daysafter being hired or transferred into a position where duties and functions involve the commercial use of pesticides ] or did not passthe a subsequent ] examinationwithin 90 days of the initial examination ] may not apply pesticides commercially, even under direct on-site supervision, until they reapply, following the procedures outlined in 2VAC5-685-20 and pass the examination.

Applicants who do not complete the certification process within two years of the date of passing the examination must be reexamined.

B. Before registered technicians begin working in any application category or subcategory that is different from the category in which they received their original training, they shall receive additional training from a commercial applicator in the following aspects of pesticide application as it relates to the proposed category or subcategory of work:

1. Pesticides to be used, including reading and understanding the label;

2. Application equipment and techniques;

3. Pests to be controlled;

4. Personal protective equipment and clothing; and

5. Environmental concerns, including storage and disposal of pesticides applied.

The commercial applicator providing training to a registered technician shall be certified in the category or subcategory for which he is providing the training and shall provide proof to the department of such training on forms provided by the department. Such forms must be received by the department within 10 calendar days of the completion of such training.

2VAC5-685-60. Persons exempt from certification.

The following persons are exempt from certification:

1. Persons conducting laboratory research involving restricted use pesticides;

2. Doctors of medicine or doctors of veterinary medicine applying pesticides as drugs or medication during the course of their practice, or to control pests in corpses;

3. Persons who use or supervise the use of nonrestricted use pesticides as part of their duties only on properties owned or leased by their employers, except those persons identified in 2VAC5-685-20 B;

4. Persons who provide janitorial or cleaning services using nonrestricted use sanitizers, disinfectants, and germicides;

5. Painters who apply restricted use marine antifoulant paint under the direct supervision of a certified commercial applicator. One certified commercial applicator shall be present for every eight painters;

6. Forestry applicators standing on the ground who apply general use herbicides for forest vegetation control and tree thinning under the direct on-site supervision of a certified commercial applicator. One certified commercial applicator shall be present for every eight forestry applicators and be within voice contact of and no more than 200 feet from such applicators;

7. Individuals engaged in the training required for certification while under the direct on-site supervision of a certified commercial applicator;

8. Employees of local, state, or federal governmental agencies who from time to time make incidental use of ready-to-use pesticides that are properly registered in Virginia. For purposes of this section, "incidental use" means the use of a pesticide on an occasional, isolated, site-specific basis in order to avoid immediate personal harm from stinging or biting insects. This exemption does not include regular, routine, or maintenance applications of pesticides or any use of restricted-use pesticides;

9. Individuals who apply pesticides for the survey for gypsy moth under the authority of the department; and

10. Individuals who apply pesticides for the survey for cotton boll weevil under the authority of the department.

Part III
Categories of Pesticide Applicator Certification

2VAC5-685-65. Category for registered technician certification.

An individual who successfully completes the requirements prescribed in 2VAC5-685-50 for registered technician certification will receive certification in Category 60, the category designation assigned to all registered technicians regardless of the category or subcategory in which he is trained and applies pesticides. ]

2VAC5-685-80. Categories for private applicator certification.

Private applicators who apply or supervise the application of restricted use pesticides shall be certified in one or more of the following categories:

1. Food, fiber, forestry products, and commodity production. Includes private applicators who use or supervise the use of restricted use pesticides: in the production of agricultural crops, including fumigation and chemigation; forestry products; on animals; in places where animals are confined; for the control of vertebrate pests of agricultural crops and livestock animals; in the production of agricultural commodities; and for the fumigation of agricultural products.

2. Ornamental production. Includes private applicators who use or supervise the use of restricted use pesticides to control pests: in tree nurseries; shrub nurseries; ornamental plant nurseries; flower nurseries; in greenhouses used for breeding and growing ornamental plants; in irrigation systems; and in ornamental production using fumigants.

3. Limited certificate--single product/single use. Includes private applicator applicants who are seeking authorization to apply a single restricted use pesticide for a single identified purpose. This category is intended for limited use under special or emergency circumstances as identified by the board on a case-by-case basis.

4. Single product certification. Includes private applicator applicants who are seeking authorization to apply a single identified restricted use product, or related restricted use products with the same active ingredient and with a similar formulation and use. This category is intended for limited use under special or emergency circumstances as identified by the board.

1. Category 86: Single product certification. Includes private applicator applicants who are seeking authorization to apply a single identified restricted use product or related restricted use products with the same active ingredient and with a similar formulation and use. This category is intended for limited use under special or emergency circumstances as identified by the board.

2. Category 87: Limited certificate - single product or single use. Includes private applicator applicants who are seeking authorization to apply a single restricted use pesticide for a single identified purpose. This category is intended for limited use under special or emergency circumstances as identified by the board on a case-by-case basis.

3. Category 90: Agricultural commodity production - food, fiber, and forestry products, and commodity production. Includes private applicators who use or supervise the use of restricted use pesticides (i) in the production of agricultural crops, including fumigation and chemigation; (ii) on forestry products; (iii) on animals; (iv) in places where animals are confined; (v) for the control of vertebrate pests of agricultural crops and livestock animals; (vi) in the production of agricultural commodities; and (vii) for the fumigation of agricultural products.

4. Category 91: Ornamental production. Includes private applicators who use or supervise the use of restricted use pesticides to control pests in (i) tree nurseries, (ii) shrub nurseries, (iii) ornamental plant nurseries, (iv) flower nurseries, (v) greenhouses used for breeding and growing ornamental plants, (vi) irrigation systems, and (vii) ornamental production using fumigants.

Part IV
Knowledge Required for Certification of Pesticide Applicators

2VAC5-685-90. Determination of general knowledge and qualifications for private and commercial applicators and registered technicians.

A. Applicants shall be tested on their knowledge and qualifications concerning the use and handling of pesticides. The examination will test the applicants' general knowledge required for all categories, and the additional knowledge specifically required for each category or subcategory in which an applicator desires to be certified.

B. All applicants for certification as private or commercial applicators or registered technicians shall demonstrate practical knowledge of the principles and practices of pest control and the safe use of pesticides, as contained in a basic pesticide applicator certification training core manual. Testing will be based on problems and situations in the following areas:

1. Federal and Commonwealth of Virginia pesticide laws and regulations;

2. Understanding and interpreting pesticide labels;

3. Handling of accidents and incidents;

4. Proper methods of storing, mixing/loading mixing, loading, transporting, handling, applying, and disposing of pesticides;

5. Safety and health, including proper use of personal protective equipment;

6. Potential adverse effects caused by the application of pesticides under various climatic or environmental conditions, such as drift from the target area, pesticide run-off, ground water groundwater and drinking water contamination, and hazard to endangered species; and

7. Recognizing common pests and general pest biology.

Part V
Renewal of Certification and Certificates

2VAC5-685-130. Renewal of certification.

A. Any certified pesticide private or commercial applicator or registered technician who desires to renew his certification shall do so biennially for the category or subcategory for which he is certified. All applicators A certified private or commercial applicator or registered technician must first attend board-approved recertification course(s) courses and submit proof of attendance at such courses, or be reexamined in basic pesticide safety and the categories desired for recertification. In addition to the above requirement in this subsection, commercial applicators and registered technicians shall also pay the biennial certificate fee and submit an application for renewal before the commissioner will renew their certification.

B. Certified applicators A certified commercial applicator or registered technician must complete a board-approved recertification course that, at a minimum, addresses the following topics:

1. Legal aspects including:

a. A reminder to follow label directions including those on use, storage, disposal, and transportation;

b. A review of possible consequences of violating the law;

c. A reminder that restricted use pesticides purchased under an applicator's certificate number must be for use by certified commercial applicators only;

d. A review of a certified commercial applicator's responsibilities in supervising the use of restricted use pesticides by noncertified applicators; and

e. A review of recordkeeping responsibilities of certified commercial applicators for restricted use pesticide applications; and

2. Category-related training including:

a. A review of general safety for the applicator, coworkers, and the public;

b. A review of the environmental aspects of pesticide use, including impact on nontarget organisms, wildlife, domestic animals, groundwater, etc.;

c. A review of application techniques, including equipment, calibration, and maintenance;

d. A review of hazards, both personal safety and environmental, unique to that specific category;

e. A review of pertinent information regarding new chemistry or new formulations available that would be of use to applicators certified in the category;

f. A review of integrated pest management programs applicable to the category; and

g. A review of pests specific to category, including in-depth training on identification and control of selected specific pests. This section may be tailored to local needs.

C. A certified private applicator must complete a board-approved recertification course that, at a minimum, addresses the following topics:

1. General safety;

2. Legal update; and

3. Pest management and application technology including:

a. A review of category-specific pest management and pesticide use patterns; and

b. A review of category-specific pesticide application and handling technology.

D. A certified private or commercial applicator or registered technician may accumulate up to four years of credit by attending board-approved recertification courses.

C. E. Upon expiration of certification, the applicator's certificate of a private applicator, commercial applicator, or registered technician shall become invalid. Any pesticide private applicator, commercial applicator, or registered technician who desires to renew his certification, but fails to do so within 60 days after its expiration, shall be reexamined.

Part VII
Reporting of Pesticide Accidents, Incidents, or Loss

2VAC5-685-170. Reporting of pesticide accidents and incidents.

A. Commercial Certified commercial or private applicators or registered technicians shall report any pesticide accident or incident in which they are involved that constitutes a threat to any person, to public health or safety, or to the environment, as a result of the use or presence of any pesticide. The accident or incident shall be reported whether or not a restricted use pesticide is involved.

B. When the accident or incident involves a discharge or spillage of a pesticide, the applicator certified commercial or private applicator or registered technician shall contact the department for guidance to determine whether the discharged or spilled amount is a reportable quantity.

C. The applicator certified commercial or private applicator or registered technician shall make the initial notification to the department's Office of Pesticide Services by telephone within a reasonable time, not to exceed 48 hours after the accident or incident occurrence, should circumstances prevent immediate notification. The applicator certified commercial or private applicator or registered technician shall prepare and submit a written report of the accident or incident to the Office of Pesticide Services within 10 working days after the initial notification. The report shall include the following:

1. Name of individuals involved in accident or incident;

2. Name of pesticide involved;

3. Quantity of pesticide spilled, and containment procedures;

4. Time, date, and location of accident or incident;

5. Mitigating actions taken; and

6. Name, (or description if unnamed), and location of bodies of water nearby where contamination of such bodies of water could reasonably be expected to occur due to natural or manmade actions.

Part VIII
Reciprocal Agreement

2VAC5-685-180. Issuance of a certificate on a reciprocal basis.

A. A person who is currently certified by another state or by a federal agency may make written application to the commissioner, or his duly authorized agent, for issuance of a certificate on a reciprocal basis without examination, in accordance with § 3.2-3934 of the Code of Virginia. Along with his written application, an applicant shall either (i) present an original certificate issued by the state of origin or issued by a federal agency or (ii) request that the state of origin or federal agency send an attested copy of the applicant's certification directly to the commissioner or his duly authorized agent.

The applicant shall either include a document granting power of attorney to a resident of Virginia to receive process or provide proof that the applicant has appointed a registered agent under the laws of the Commonwealth. Reciprocal certification shall not be granted based on reciprocal certification issued in another state.

B. Any certificate issued on a reciprocal basis may be suspended in the same manner and on the same grounds as a Virginia certificate pursuant to the provisions of Chapter 39 (§ 3.2-3900 et seq.) of Title 3.2 of the Code of Virginia. A certificate issued on a reciprocal basis may also be suspended if the nonresident's original certificate or federal certification is suspended or revoked.

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 (2VAC5-685)

Commercial Pesticide Applicator Certification Application - A, Form VDACS-07211 (rev. 07/12)

Commercial Pesticide Applicator Request for Authorization to Take Pesticide Applicator Examination - B, Form VDACS-07218 (rev. 5/13)

Commercial Pesticide Applicator Certification Application - A, Form VDACS-07211 (rev. 9/2016)

Commercial Pesticide Applicator Request for Authorization to Take Pesticide Applicator Examination - B, Form VDACS-07218 (rev. 9/2016)

Commercial Pesticide Applicator Certification Exam bubble answer sheet, 2003

Private Pesticide Applicator Certification Exam bubble answer sheet, 2003

Private Pesticide Applicator Request for Authorization to Take Pesticide Applicator Examination at Department of Motor Vehicles Customer Service Center (eff. 1/09)

Power of Attorney (rev. 5/09)

Proof of Additional Category Specific Training for Registered Technicians (eff. 3/12)

Application for Reciprocal Pesticide Applicator Certificate, Form VDACS-07210 (eff. 5/09)

Pesticide Registered Technician Application Form VDACS-07212 (eff. 1/09)

Power of Attorney (rev. 9/2016)

Proof of Additional Category Specific Training for Registered Technicians (rev. 8/2016)

Application for Reciprocal Pesticide Applicator Certificate, Form VDACS-07210 (rev. 9/2016)

Pesticide Registered Technician Application Form - RT-A, Form VDACS-07212-A (rev. 9/2016)

Pesticide Registered Technician Request for Authorization to Take Pesticide Applicator Examination – RT-B, Form VDACS-07212-B (eff. 9/2016) ]

VA.R. Doc. No. R15-4126; Filed August 1, 2016, 11:57 a.m.
TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
CRIMINAL JUSTICE SERVICES BOARD
Final Regulation

Title of Regulation: 6VAC20-230. Regulations Relating to Special Conservator of the Peace (amending 6VAC20-230-30, 6VAC20-230-90).

Statutory Authority: § 9.1-150.2 of the Code of Virginia.

Effective Date: September 22, 2016.

Agency Contact: Barbara Peterson-Wilson, Director of Policy and Legislative Affairs, Department of Criminal Justice Services, 1100 Bank Street, Richmond, VA 23219, telephone (804) 225-4503, FAX (804) 786-6344, or email barbara.peterson-wilson@dcjs.virginia.gov.

Summary:

The amendments (i) change the type of insurance under which special conservators of the peace must be covered; (ii) increase the amount of insurance required from $10,000 to $500,000; and (iii) pursuant to Chapters 766 and 772 of the 2015 Acts of Assembly, eliminate language allowing a special conservator of the peace to carry a surety bond instead of insurance.

 

 

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.

6VAC20-230-30. Initial registration application.

A. Individuals are required to be registered pursuant to § 19.2-13 of the Code of Virginia in the category of special conservator of the peace. Prior to the issuance of a registration, the applicant shall meet or exceed the requirements of registration and application submittal to the department as set forth in this section. Individuals who carry or have access to a firearm while on duty must have a valid registration with firearms verification. The court may limit or prohibit the carrying of weapons by any special conservator of the peace as defined in § 19.2-13 F G of the Code of Virginia.

B. Each person applying for registration shall meet the minimum requirements for eligibility as follows:

1. Be a minimum of 18 years of age;

2. Successfully complete all initial training requirements for special conservator of the peace, including firearms verification if applicable, requested pursuant to the entry-level training standards in 6VAC20-230-160; and

3. Be a United States citizen or legal resident alien of the United States.

C. Each person applying for registration shall file with the department:

1. A properly completed application provided by the department;

2. His mailing address on the application;

3. Fingerprint cards pursuant to 6VAC20-230-40;

4. The applicable, nonrefundable application fee;

5. A drug and alcohol test pursuant to 6VAC230-50 6VAC20-230-50; and

6. Pursuant to § 19.2-13 C D of the Code of Virginia, documentation verifying that the applicant has secured a surety bond or cash bond in the amount not to be less than $10,000 executed by a surety company authorized to do business in Virginia, or a certificate of insurance reflecting the department as a certificate holder, showing a policy of comprehensive general professional law-enforcement liability insurance with a minimum coverage of $10,000 $500,000 issued by an insurance company authorized to do business in Virginia.

D. Upon completion of the initial registration application requirements, the department may issue a temporary registration letter for not more than 120 days at a time while awaiting the results of the state and national fingerprint search provided the applicant has met the necessary conditions and requirements. This temporary registration letter shall be taken to the circuit court where seeking appointment for special conservator of the peace.

E. Each registration shall be issued to the individual named on the application and shall be valid only for use by that individual. No registration shall be assigned or otherwise transferred to another individual.

F. Each registered individual shall comply with all applicable administrative requirements and standards of conduct and shall not engage in any acts prohibited by applicable sections of the Code of Virginia and this chapter.

G. Once the individual has met the requirements and received a temporary registration letter, he shall petition the circuit court for appointment in the jurisdiction where the individual will be employed.

H. Meeting the requirements of registration allows an individual to be eligible for appointment. Registration does not guarantee appointment.

I. Upon completion of an appointment by a circuit court, the individual shall file with the department a copy of the court order granting appointment as a special conservator of the peace. A final registration letter will be issued by the department. This registration letter shall be submitted to a specified entity for a state-issued photo identification card.

6VAC20-230-90. Reinstatement.

A. Individuals who do not renew their registration on or before the expiration date may not work as a special conservator of the peace until reinstatement requirements have been met. Pursuant to the Code of Virginia, all such persons must currently be registered with the department as a special conservator of the peace.

B. A renewal application must be received by the department within 60 days following the expiration date of the registration in order to be reinstated by the department providing all renewal requirements have been met. The department shall not reinstate renewal applications received after the 60-day reinstatement period has expired. It is unlawful to operate without a valid registration during the reinstatement period. The department shall not reinstate a registration that has become null and void due to not maintaining required insurance or surety bond coverage. The department will notify the court when an individual has not met the registration renewal requirements with the department. Prior to reinstatement, the following shall be submitted to the department:

1. The appropriate renewal application and completion of renewal requirements including required training pursuant to this chapter; and

2. The applicable, nonrefundable reinstatement fee.

C. A registration shall be renewed or reinstated only when all renewal application requirements are received by the department. After the 60-day reinstatement period, an applicant shall meet all initial application requirements, including applicable training requirements.

D. Following submittal of all reinstatement requirements, the department will process and may approve any application for reinstatement pursuant to the renewal process for the application.

VA.R. Doc. No. R15-4099; Filed August 3, 2016, 9:18 a.m.
TITLE 8. EDUCATION
STATE BOARD OF EDUCATION
Proposed Regulation

Titles of Regulations: 8VAC20-440. Regulations Governing the Employment of Professional Personnel (repealing 8VAC20-440-10 through 8VAC20-440-160).

8VAC20-441. Regulations Governing the Employment of Professional Personnel (adding 8VAC20-441-10 through 8VAC20-441-140).

Statutory Authority: §§ 22.1-16 and 22.1-302 of the Code of Virginia.

Public Hearing Information:

September 22, 2016 - 11 a.m. - James Monroe Building, 101 North 14th Street, 22nd Floor Conference Room, Richmond, Virginia 23219. The public hearing will begin immediately following adjournment of the Board of Education business meeting.

Public Comment Deadline: October 21, 2016.

Agency Contact: Patty S. Pitts, Assistant Superintendent, Division of Teacher Education and Licensure, Department of Education, P.O. Box 2120, Richmond, VA 23218, telephone (804) 371-2522, or email patty.pitts@doe.virginia.gov.

Basis: Section IV of Article VIII of the Constitution of Virginia grants the Board of Education authority for the general supervision of the public school system. Section 22.1-16 of the Code of Virginia authorizes the board to promulgate such regulations as may be necessary to carry out its powers and duties and the provisions of Title 23 of the Code of Virginia.

Purpose: The regulations provide the requirements for contracts, probationary periods of teachers, assistant principals, and principals and evaluation criteria that protect school divisions and educators. The goals of the proposal are to provide clarity to the regulations and align the regulations with the Code of Virginia. The regulations do not affect public health, safety, or welfare.

Substance: The revisions include defining assistant principals; clarifying the definitions of teachers and supervisors; changing notification dates from April 15 to June 15; aligning evaluations with the Board of Education Guidelines for Uniform Performance Standards and Evaluation Criteria for Teachers, Principals, and Superintendents; defining the probationary terms for teachers; stipulating the evaluation period of teachers and principals; defining the standard 10-month contract; and clarifying that a temporarily employed teacher is not required to be licensed by the Board of Education.

Issues: The revisions to the Regulations Governing the Employment of Professional Personnel conform with statute, therefore the advantage is that the regulations provide clarity to the policies and procedures regarding contracts. The regulations do not pose any major disadvantages to the public or the Commonwealth.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board of Education (Board) proposes several amendments to the regulation in order to reflect changes in the Code of Virginia. Additionally, the Board proposes to repeal language on a uniform hiring process.

Result of Analysis. The benefits likely exceed the costs for one or more proposed changes.  There is insufficient data to accurately compare the magnitude of the benefits versus the costs for other changes.

Estimated Economic Impact. Changes to the Code of Virginia from Chapters 106 and 687 of the 2012 Acts of Assembly, and Chapters 588 and 650 of the 2013 Acts of Assembly, require amendments to this regulation in order to accurately reflect the law. These proposed changes to the regulation thus do not change requirements in effect. The proposed revisions include: 1) defining assistant principals, 2) clarifying the definitions of teachers and supervisors, 3) changing notification dates from April 15 to June 15, 4) aligning evaluations with the Board of Education Guidelines for Uniform Performance Standards and Evaluation Criteria for Teachers, Principals, and Superintendents, 5) defining the probationary terms for teachers (at local option, a probationary term can be from three years to up to five years), 6) stipulating the evaluation period of teachers and principals, 7) defining the standard 10-month contract, and 8) clarifying that a temporarily employed teacher1 is not required to be licensed by the Board of Education. Amending the regulation to reflect the Code of Virginia changes will be beneficial in that readers of the regulation will be better informed concerning the actual law in effect.

The current regulations include four sections on the "Uniform Hiring of Teachers." The first section states the following:

The goal for regulations for uniform hiring of teachers is to establish a calendar for hiring that is compatible with the dates budgets are completed by local governing bodies. The calendar dates, which are embodied in the three-phase employment process, establish minimum time frames to accommodate the local hiring process, offer local flexibility in including contract terms to cover unique needs and practices of the locality, and offer professional mobility for teachers.

The three other sections concern Phase One, Phase Two, and Phase Three, respectively, of the three phases of the uniform hiring process.

The Board proposes to repeal the four sections on the "Uniform Hiring of Teachers." The repeal of these sections would give local school divisions additional flexibility, particularly in the timing of hiring. The local school divisions could choose to coordinate with their respective local governments on timing with local budgets. The additional flexibility on the hiring calendar may result in less certainty about the timing of the hiring process for teachers; on the other hand the additional flexibility may be helpful for some teachers for whom the current state mandated schedule is not ideal.

Businesses and Entities Affected. The proposed amendments affect the 132 public school divisions in the Commonwealth, teachers, principals, and assistant principals.

Localities Particularly Affected. The proposed amendments do not disproportionately affect particular localities.

Projected Impact on Employment. The proposed amendments are unlikely to affect the number of jobs in the Commonwealth. The proposal to repeal the sections on the uniform hiring process may affect how and when local school divisions choose to hire teachers.

Effects on the Use and Value of Private Property. The proposed amendments are unlikely to significantly affect the use and value of private property.

Small Businesses: Costs and Other Effects. The proposed amendments do not significantly affect small businesses.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed amendments will not adversely affect small businesses.

Real Estate Development Costs. The proposed amendments will not affect real estate development costs.

______________________________________

1From Code of Virginia § 22.1-302: "A temporarily employed teacher, as used in this section, means (i) one who is employed to substitute for a contracted teacher for a temporary period of time during the contracted teacher's absence or (ii) one who is employed to fill a teacher vacancy for a period of time, but for no longer than 90 teaching days in such vacancy, unless otherwise approved by the Superintendent of Public Instruction on a case-by-case basis, during one school year."

Agency's Response to Economic Impact Analysis: The agency concurs with the economic impact analysis completed by the Department of Planning and Budget. The agency will continue to examine the economic and administrative impact of the regulations as they progress through the requirements of the Administrative Process Act.

Summary:

The proposed regulatory action replaces the existing regulation numbered 8VAC20-440 with a new regulation numbered 8VAC20-441. Proposed amendments reflect changes in the Code of Virginia based on Chapters 106 and 687 of the 2012 Acts of Assembly and Chapters 588 and 650 of the 2013 Acts of Assembly. The proposed amendments include (i) defining assistant principals; (ii) clarifying the definitions of teachers and supervisors; (iii) changing notification dates from April 15 to June 15; (iv) aligning evaluations with the Board of Education Guidelines for Uniform Performance Standards and Evaluation Criteria for Teachers, Principals, and Superintendents; (v) defining the probationary terms for teachers, which, at local option, can be three years and up to five years; (vi) stipulating the evaluation period of teachers and principals; (vii) defining the standard 10-month contract; and (viii) clarifying that a temporarily employed teacher is not required to be licensed by the Board of Education. Additional amendments repeal the provisions on the uniform hiring of teachers.

CHAPTER 441
REGULATIONS GOVERNING THE EMPLOYMENT OF PROFESSIONAL PERSONNEL

8VAC20-441-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Annual contract" means a contract between a probationary teacher, assistant principal, principal, or supervisor and the local school board that sets forth the terms and conditions of employment for one school year.

"Assistant principal" means a person (i) who is regularly employed full time as an assistant principal and (ii) who holds a valid license issued by the Board of Education necessary to be an assistant principal.

"Board" means the Virginia Board of Education, which has general supervision of the public school system.

"Breach of contract" means, for the purpose of this chapter, a teacher failing to honor a contract for the current or next school year without formal release from that contract from the local school board. "Breach of contract" does not include dismissal for cause.

"Coaching contract" means a separate contract between the employee and the local school board that includes responsibilities for an athletic coaching assignment.

"Continuing contract" means a contract between a teacher, assistant principal, principal, or supervisor who has satisfied the probationary term of service and the local school board.

"Current employer" means the local school board with which the employee is currently under contract.

"Extracurricular activity sponsorship contract" means a separate contract between the employee and the local school board that includes responsibilities, for which a monetary supplement is received, for sponsorship of any student organizations, clubs, or groups, such as service clubs, academic clubs and teams, cheerleading squads, student publication and literary groups, and visual and performing arts organizations except those that are conducted in conjunction with regular classroom, curriculum, or instructional programs.

"Next school year" means the school year immediately following the current contract year.

"Principal" means a person (i) who is regularly employed full time as a principal and (ii) who holds a valid license issued by the Board of Education necessary to be a principal.

"Prospective employer" means the division in which application for employment is made.

"Supervisor" means a person (i) who is regularly employed full time in an instructional supervisory position as specified in this chapter and (ii) who is required by the board to hold a license prescribed in this chapter to be employed in that position. An instructional supervisory position has authority to direct or evaluate teachers, assistant principals, principals, or other instructional personnel.

"Teacher" means a person (i) who is regularly employed full time as a teacher, guidance counselor, or librarian and (ii) who holds a valid teaching license.

8VAC20-441-20. (Reserved.)

8VAC20-441-30. Contractual period defined.

The local school board shall define the length of the contract period for each employee. A standard 10-month contract for a teacher shall include 200 days, including:

1. 180 teaching days or 990 instructional hours (minimum required by law); and

2. Up to 20 days for activities such as teaching, participating in professional development, planning, evaluating, completing records and reports, participating on committees or in conferences, or such other activities as may be assigned or approved by the local school board.

8VAC20-441-40. Annual and continuing contract to be in writing.

Annual and continuing contracts with teachers, assistant principals, principals, and supervisors must be in writing. The local school board may utilize prototypes of contract forms provided by the board or may choose to develop its own contracts, but in so doing must ensure that the essential elements set forth in 8VAC20-441-140 are included.

8VAC20-441-50. Length of the probationary term for teacher.

A probationary term of full-time employment under an annual contract for at least three years and, at the option of the local school board, up to five consecutive years in the same school division is required before a teacher is issued a continuing contract. Once continuing contract status has been attained in a school division in the Commonwealth, another probationary period as a teacher need not be served in any other school division unless a probationary period not exceeding two years is made a part of the contract of employment.

8VAC20-441-60. Calculating term for first year of teaching.

For the purpose of calculating the years of service required to attain continuing contract status, at least 160 contractual teaching days during the school year shall be deemed the equivalent of one year in the first year of service by the teacher.

8VAC20-441-70. Probationary period for principal or supervisor.

A person employed as a principal, assistant principal, or supervisor, including a person who has previously achieved continuing contract status as a teacher, shall serve a probationary term of three consecutive years in such position in the same school division before acquiring continuing contract status as a principal, assistant principal, or supervisor.

8VAC20-441-80. Probationary period when employee separates from service.

If a teacher, principal, assistant principal, or supervisor separates from service during his probationary period and does not return to service in the same school division by the beginning of the year following the year of separation, such person shall be required to begin a new probationary period.

8VAC20-441-90. Effect of service outside the Virginia system.

Teaching service outside of the Virginia public school system shall not be counted as meeting in whole or in part the required probationary term.

8VAC20-441-100. Eligibility for continuing contract.

A. Only persons regularly employed full time by a school board who hold a valid license as teachers, assistant principals, principals, or supervisors shall be eligible for continuing contract status.

B. Any teacher hired on or after July 1, 2001, shall be required, as a condition of achieving continuing contract status, to have successfully completed training in instructional strategies and techniques for intervention for or remediation of students who fail or are at risk of failing the Standards of Learning assessments. Local school divisions shall be required to provide such training at no cost to teachers employed in their division. In the event a local school division fails to offer such training in a timely manner, no teacher will be denied continuing contract status for failure to obtain such training.

8VAC20-441-110. Continuing contract status when employee separates from service.

When a teacher has attained continuing contract status in a school division in the Commonwealth, and separates from and returns to teaching service in a school division in Virginia by the beginning of the third year, such teacher shall be required to serve a probationary period not to exceed two years if such probationary period is made part of the contract for employment. If a teacher who has attained continuing contract status separates from service and does not return to teaching in Virginia public schools by the beginning of the third year, such teacher shall be required to begin a new probationary period.

8VAC20-441-120. Contract to be separate and apart from annual or continuing contract.

The coaching contract or extracurricular activity sponsorship contract with a teacher shall be separate and apart from the teacher's annual or continuing contract, and termination of the coaching or extracurricular activity sponsorship contract shall not constitute cause for the termination of the annual or continuing contract.

For the purposes of this chapter, "extracurricular activity sponsorship" means an assignment for which a monetary supplement is received, requiring responsibility for any student organizations, clubs, or groups, such as service clubs, academic clubs and teams, cheerleading squads, student publication and literary groups, and visual and performing arts organizations except those that are conducted in conjunction with regular classroom, curriculum, or instructional programs.

8VAC20-441-130. Termination notice required.

The coaching contract or extracurricular activity sponsorship contract shall require the party intending to terminate the contract to give reasonable notice to the other party prior to the effective date of the termination.

8VAC20-441-140. Listing of essential contract elements.

A. The list of essential contract elements can be used by certain local school divisions who prefer to develop contracts specific to their circumstances or situations. This list of essential elements is provided as an alternative to the formal prototypes available.

B. Annual contracts. Any annual contract for professional personnel shall, to the maximum extent possible, be written in clear and concise language easily understood by all parties, and include, at a minimum, the following provisions:

1. A statement identifying the names and titles of the parties to the contract.

2. A statement of the licensure requirements for the position or options thereto.

3. A statement of the beginning date of service, the term, and the effective date of the contract.

4. A statement of the duties to be performed under the contract.

5. A statement of expectations of the employee with regard to compliance with local, state, or federal statutes, regulations and constitutional provisions.

6. A statement of the provisions concerning assignment, reassignment, termination, suspension, probation, or resignation of the employee, and mutual termination of the contract.

7. A statement of the penalties for the employee's failure to comply with the terms of the contract.

8. A statement identifying the school term.

9. A statement of the conditions under which the school term and/or contract may be extended.

10. A statement of the amount of compensation due the Employee and the method of payment.

11. A statement of special covenants mutually agreed upon by the employer and employee which form a basis for the contract.

C. Continuing contracts. Any continuing contract for professional personnel shall, to the maximum extent possible, be written in clear and concise language easily understood by all parties, and include, at a minimum the following provisions:

1. All of the provisions required for the annual contract.

2. A statement explaining the continuing nature of the contract.

D. Coaching and extracurricular. Any athletic coaching contract with school personnel shall, to the maximum extent possible, be written in clear and concise language easily understood by all parties, and include the following provisions:

1. A statement identifying the names and titles of the parties to the contract.

2. A statement of the duties to be performed under the contract.

3. A statement of the amount of compensation due the employee and the method of payment.

4. A statement of expectations of the employee with regard to compliance with local, state, or federal statutes, regulations and constitutional provisions.

5. A statement setting forth conditions for termination of the contract.

6. A statement identifying the limitations on the use of the experience toward length of service, substitution for teaching experience and rights in favor of the employee.

7. A statement of the beginning date of service, the term, and the effective date of the contract.

8. A statement of special covenants mutually agreed upon by the employer and employee that form a basis for the contract.

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 (8VAC20-441)

Annual Form - Contract with Professional Personnel

Continuing Form Contract with Professional Personnel

Athletic Coaching Contract with School Personnel

Extracurricular Activity Sponsorship Contract with School Personnel

VA.R. Doc. No. R13-3478; Filed July 14, 2016, 8:44 a.m.
TITLE 8. EDUCATION
STATE BOARD OF EDUCATION
Proposed Regulation

Titles of Regulations: 8VAC20-440. Regulations Governing the Employment of Professional Personnel (repealing 8VAC20-440-10 through 8VAC20-440-160).

8VAC20-441. Regulations Governing the Employment of Professional Personnel (adding 8VAC20-441-10 through 8VAC20-441-140).

Statutory Authority: §§ 22.1-16 and 22.1-302 of the Code of Virginia.

Public Hearing Information:

September 22, 2016 - 11 a.m. - James Monroe Building, 101 North 14th Street, 22nd Floor Conference Room, Richmond, Virginia 23219. The public hearing will begin immediately following adjournment of the Board of Education business meeting.

Public Comment Deadline: October 21, 2016.

Agency Contact: Patty S. Pitts, Assistant Superintendent, Division of Teacher Education and Licensure, Department of Education, P.O. Box 2120, Richmond, VA 23218, telephone (804) 371-2522, or email patty.pitts@doe.virginia.gov.

Basis: Section IV of Article VIII of the Constitution of Virginia grants the Board of Education authority for the general supervision of the public school system. Section 22.1-16 of the Code of Virginia authorizes the board to promulgate such regulations as may be necessary to carry out its powers and duties and the provisions of Title 23 of the Code of Virginia.

Purpose: The regulations provide the requirements for contracts, probationary periods of teachers, assistant principals, and principals and evaluation criteria that protect school divisions and educators. The goals of the proposal are to provide clarity to the regulations and align the regulations with the Code of Virginia. The regulations do not affect public health, safety, or welfare.

Substance: The revisions include defining assistant principals; clarifying the definitions of teachers and supervisors; changing notification dates from April 15 to June 15; aligning evaluations with the Board of Education Guidelines for Uniform Performance Standards and Evaluation Criteria for Teachers, Principals, and Superintendents; defining the probationary terms for teachers; stipulating the evaluation period of teachers and principals; defining the standard 10-month contract; and clarifying that a temporarily employed teacher is not required to be licensed by the Board of Education.

Issues: The revisions to the Regulations Governing the Employment of Professional Personnel conform with statute, therefore the advantage is that the regulations provide clarity to the policies and procedures regarding contracts. The regulations do not pose any major disadvantages to the public or the Commonwealth.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board of Education (Board) proposes several amendments to the regulation in order to reflect changes in the Code of Virginia. Additionally, the Board proposes to repeal language on a uniform hiring process.

Result of Analysis. The benefits likely exceed the costs for one or more proposed changes.  There is insufficient data to accurately compare the magnitude of the benefits versus the costs for other changes.

Estimated Economic Impact. Changes to the Code of Virginia from Chapters 106 and 687 of the 2012 Acts of Assembly, and Chapters 588 and 650 of the 2013 Acts of Assembly, require amendments to this regulation in order to accurately reflect the law. These proposed changes to the regulation thus do not change requirements in effect. The proposed revisions include: 1) defining assistant principals, 2) clarifying the definitions of teachers and supervisors, 3) changing notification dates from April 15 to June 15, 4) aligning evaluations with the Board of Education Guidelines for Uniform Performance Standards and Evaluation Criteria for Teachers, Principals, and Superintendents, 5) defining the probationary terms for teachers (at local option, a probationary term can be from three years to up to five years), 6) stipulating the evaluation period of teachers and principals, 7) defining the standard 10-month contract, and 8) clarifying that a temporarily employed teacher1 is not required to be licensed by the Board of Education. Amending the regulation to reflect the Code of Virginia changes will be beneficial in that readers of the regulation will be better informed concerning the actual law in effect.

The current regulations include four sections on the "Uniform Hiring of Teachers." The first section states the following:

The goal for regulations for uniform hiring of teachers is to establish a calendar for hiring that is compatible with the dates budgets are completed by local governing bodies. The calendar dates, which are embodied in the three-phase employment process, establish minimum time frames to accommodate the local hiring process, offer local flexibility in including contract terms to cover unique needs and practices of the locality, and offer professional mobility for teachers.

The three other sections concern Phase One, Phase Two, and Phase Three, respectively, of the three phases of the uniform hiring process.

The Board proposes to repeal the four sections on the "Uniform Hiring of Teachers." The repeal of these sections would give local school divisions additional flexibility, particularly in the timing of hiring. The local school divisions could choose to coordinate with their respective local governments on timing with local budgets. The additional flexibility on the hiring calendar may result in less certainty about the timing of the hiring process for teachers; on the other hand the additional flexibility may be helpful for some teachers for whom the current state mandated schedule is not ideal.

Businesses and Entities Affected. The proposed amendments affect the 132 public school divisions in the Commonwealth, teachers, principals, and assistant principals.

Localities Particularly Affected. The proposed amendments do not disproportionately affect particular localities.

Projected Impact on Employment. The proposed amendments are unlikely to affect the number of jobs in the Commonwealth. The proposal to repeal the sections on the uniform hiring process may affect how and when local school divisions choose to hire teachers.

Effects on the Use and Value of Private Property. The proposed amendments are unlikely to significantly affect the use and value of private property.

Small Businesses: Costs and Other Effects. The proposed amendments do not significantly affect small businesses.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed amendments will not adversely affect small businesses.

Real Estate Development Costs. The proposed amendments will not affect real estate development costs.

______________________________________

1From Code of Virginia § 22.1-302: "A temporarily employed teacher, as used in this section, means (i) one who is employed to substitute for a contracted teacher for a temporary period of time during the contracted teacher's absence or (ii) one who is employed to fill a teacher vacancy for a period of time, but for no longer than 90 teaching days in such vacancy, unless otherwise approved by the Superintendent of Public Instruction on a case-by-case basis, during one school year."

Agency's Response to Economic Impact Analysis: The agency concurs with the economic impact analysis completed by the Department of Planning and Budget. The agency will continue to examine the economic and administrative impact of the regulations as they progress through the requirements of the Administrative Process Act.

Summary:

The proposed regulatory action replaces the existing regulation numbered 8VAC20-440 with a new regulation numbered 8VAC20-441. Proposed amendments reflect changes in the Code of Virginia based on Chapters 106 and 687 of the 2012 Acts of Assembly and Chapters 588 and 650 of the 2013 Acts of Assembly. The proposed amendments include (i) defining assistant principals; (ii) clarifying the definitions of teachers and supervisors; (iii) changing notification dates from April 15 to June 15; (iv) aligning evaluations with the Board of Education Guidelines for Uniform Performance Standards and Evaluation Criteria for Teachers, Principals, and Superintendents; (v) defining the probationary terms for teachers, which, at local option, can be three years and up to five years; (vi) stipulating the evaluation period of teachers and principals; (vii) defining the standard 10-month contract; and (viii) clarifying that a temporarily employed teacher is not required to be licensed by the Board of Education. Additional amendments repeal the provisions on the uniform hiring of teachers.

CHAPTER 441
REGULATIONS GOVERNING THE EMPLOYMENT OF PROFESSIONAL PERSONNEL

8VAC20-441-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Annual contract" means a contract between a probationary teacher, assistant principal, principal, or supervisor and the local school board that sets forth the terms and conditions of employment for one school year.

"Assistant principal" means a person (i) who is regularly employed full time as an assistant principal and (ii) who holds a valid license issued by the Board of Education necessary to be an assistant principal.

"Board" means the Virginia Board of Education, which has general supervision of the public school system.

"Breach of contract" means, for the purpose of this chapter, a teacher failing to honor a contract for the current or next school year without formal release from that contract from the local school board. "Breach of contract" does not include dismissal for cause.

"Coaching contract" means a separate contract between the employee and the local school board that includes responsibilities for an athletic coaching assignment.

"Continuing contract" means a contract between a teacher, assistant principal, principal, or supervisor who has satisfied the probationary term of service and the local school board.

"Current employer" means the local school board with which the employee is currently under contract.

"Extracurricular activity sponsorship contract" means a separate contract between the employee and the local school board that includes responsibilities, for which a monetary supplement is received, for sponsorship of any student organizations, clubs, or groups, such as service clubs, academic clubs and teams, cheerleading squads, student publication and literary groups, and visual and performing arts organizations except those that are conducted in conjunction with regular classroom, curriculum, or instructional programs.

"Next school year" means the school year immediately following the current contract year.

"Principal" means a person (i) who is regularly employed full time as a principal and (ii) who holds a valid license issued by the Board of Education necessary to be a principal.

"Prospective employer" means the division in which application for employment is made.

"Supervisor" means a person (i) who is regularly employed full time in an instructional supervisory position as specified in this chapter and (ii) who is required by the board to hold a license prescribed in this chapter to be employed in that position. An instructional supervisory position has authority to direct or evaluate teachers, assistant principals, principals, or other instructional personnel.

"Teacher" means a person (i) who is regularly employed full time as a teacher, guidance counselor, or librarian and (ii) who holds a valid teaching license.

8VAC20-441-20. (Reserved.)

8VAC20-441-30. Contractual period defined.

The local school board shall define the length of the contract period for each employee. A standard 10-month contract for a teacher shall include 200 days, including:

1. 180 teaching days or 990 instructional hours (minimum required by law); and

2. Up to 20 days for activities such as teaching, participating in professional development, planning, evaluating, completing records and reports, participating on committees or in conferences, or such other activities as may be assigned or approved by the local school board.

8VAC20-441-40. Annual and continuing contract to be in writing.

Annual and continuing contracts with teachers, assistant principals, principals, and supervisors must be in writing. The local school board may utilize prototypes of contract forms provided by the board or may choose to develop its own contracts, but in so doing must ensure that the essential elements set forth in 8VAC20-441-140 are included.

8VAC20-441-50. Length of the probationary term for teacher.

A probationary term of full-time employment under an annual contract for at least three years and, at the option of the local school board, up to five consecutive years in the same school division is required before a teacher is issued a continuing contract. Once continuing contract status has been attained in a school division in the Commonwealth, another probationary period as a teacher need not be served in any other school division unless a probationary period not exceeding two years is made a part of the contract of employment.

8VAC20-441-60. Calculating term for first year of teaching.

For the purpose of calculating the years of service required to attain continuing contract status, at least 160 contractual teaching days during the school year shall be deemed the equivalent of one year in the first year of service by the teacher.

8VAC20-441-70. Probationary period for principal or supervisor.

A person employed as a principal, assistant principal, or supervisor, including a person who has previously achieved continuing contract status as a teacher, shall serve a probationary term of three consecutive years in such position in the same school division before acquiring continuing contract status as a principal, assistant principal, or supervisor.

8VAC20-441-80. Probationary period when employee separates from service.

If a teacher, principal, assistant principal, or supervisor separates from service during his probationary period and does not return to service in the same school division by the beginning of the year following the year of separation, such person shall be required to begin a new probationary period.

8VAC20-441-90. Effect of service outside the Virginia system.

Teaching service outside of the Virginia public school system shall not be counted as meeting in whole or in part the required probationary term.

8VAC20-441-100. Eligibility for continuing contract.

A. Only persons regularly employed full time by a school board who hold a valid license as teachers, assistant principals, principals, or supervisors shall be eligible for continuing contract status.

B. Any teacher hired on or after July 1, 2001, shall be required, as a condition of achieving continuing contract status, to have successfully completed training in instructional strategies and techniques for intervention for or remediation of students who fail or are at risk of failing the Standards of Learning assessments. Local school divisions shall be required to provide such training at no cost to teachers employed in their division. In the event a local school division fails to offer such training in a timely manner, no teacher will be denied continuing contract status for failure to obtain such training.

8VAC20-441-110. Continuing contract status when employee separates from service.

When a teacher has attained continuing contract status in a school division in the Commonwealth, and separates from and returns to teaching service in a school division in Virginia by the beginning of the third year, such teacher shall be required to serve a probationary period not to exceed two years if such probationary period is made part of the contract for employment. If a teacher who has attained continuing contract status separates from service and does not return to teaching in Virginia public schools by the beginning of the third year, such teacher shall be required to begin a new probationary period.

8VAC20-441-120. Contract to be separate and apart from annual or continuing contract.

The coaching contract or extracurricular activity sponsorship contract with a teacher shall be separate and apart from the teacher's annual or continuing contract, and termination of the coaching or extracurricular activity sponsorship contract shall not constitute cause for the termination of the annual or continuing contract.

For the purposes of this chapter, "extracurricular activity sponsorship" means an assignment for which a monetary supplement is received, requiring responsibility for any student organizations, clubs, or groups, such as service clubs, academic clubs and teams, cheerleading squads, student publication and literary groups, and visual and performing arts organizations except those that are conducted in conjunction with regular classroom, curriculum, or instructional programs.

8VAC20-441-130. Termination notice required.

The coaching contract or extracurricular activity sponsorship contract shall require the party intending to terminate the contract to give reasonable notice to the other party prior to the effective date of the termination.

8VAC20-441-140. Listing of essential contract elements.

A. The list of essential contract elements can be used by certain local school divisions who prefer to develop contracts specific to their circumstances or situations. This list of essential elements is provided as an alternative to the formal prototypes available.

B. Annual contracts. Any annual contract for professional personnel shall, to the maximum extent possible, be written in clear and concise language easily understood by all parties, and include, at a minimum, the following provisions:

1. A statement identifying the names and titles of the parties to the contract.

2. A statement of the licensure requirements for the position or options thereto.

3. A statement of the beginning date of service, the term, and the effective date of the contract.

4. A statement of the duties to be performed under the contract.

5. A statement of expectations of the employee with regard to compliance with local, state, or federal statutes, regulations and constitutional provisions.

6. A statement of the provisions concerning assignment, reassignment, termination, suspension, probation, or resignation of the employee, and mutual termination of the contract.

7. A statement of the penalties for the employee's failure to comply with the terms of the contract.

8. A statement identifying the school term.

9. A statement of the conditions under which the school term and/or contract may be extended.

10. A statement of the amount of compensation due the Employee and the method of payment.

11. A statement of special covenants mutually agreed upon by the employer and employee which form a basis for the contract.

C. Continuing contracts. Any continuing contract for professional personnel shall, to the maximum extent possible, be written in clear and concise language easily understood by all parties, and include, at a minimum the following provisions:

1. All of the provisions required for the annual contract.

2. A statement explaining the continuing nature of the contract.

D. Coaching and extracurricular. Any athletic coaching contract with school personnel shall, to the maximum extent possible, be written in clear and concise language easily understood by all parties, and include the following provisions:

1. A statement identifying the names and titles of the parties to the contract.

2. A statement of the duties to be performed under the contract.

3. A statement of the amount of compensation due the employee and the method of payment.

4. A statement of expectations of the employee with regard to compliance with local, state, or federal statutes, regulations and constitutional provisions.

5. A statement setting forth conditions for termination of the contract.

6. A statement identifying the limitations on the use of the experience toward length of service, substitution for teaching experience and rights in favor of the employee.

7. A statement of the beginning date of service, the term, and the effective date of the contract.

8. A statement of special covenants mutually agreed upon by the employer and employee that form a basis for the contract.

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 (8VAC20-441)

Annual Form - Contract with Professional Personnel

Continuing Form Contract with Professional Personnel

Athletic Coaching Contract with School Personnel

Extracurricular Activity Sponsorship Contract with School Personnel

VA.R. Doc. No. R13-3478; Filed July 14, 2016, 8:44 a.m.
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Final Regulation

TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

Final Regulation

Title of Regulation: 9VAC25-260. Water Quality Standards (amending 9VAC25-260-5, 9VAC25-260-50, 9VAC25-260-140, 9VAC25-260-155, 9VAC25-260-185, 9VAC25-260-187, 9VAC25-260-310, 9VAC25-260-390, 9VAC25-260-400, 9VAC25-260-410, 9VAC25-260-415, 9VAC25-260-440, 9VAC25-260-450, 9VAC25-260-460, 9VAC25-260-470, 9VAC25-260-510, 9VAC25-260-520, 9VAC25-260-530, 9VAC25-260-540).

Statutory Authority: § 62.1-44.15 of the Code of Virginia; Clean Water Act (33 USC § 1251 et seq.); 40 CFR Part 131.

Effective Date: Effective upon the filing of notice of approval by the U.S. Environmental Protection Agency with the Registrar of Regulations.

Agency Contact: David Whitehurst, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4121, FAX (804) 698-4032, TTY (804) 698-4021, or email david.whitehurst@deq.virginia.gov.

Summary:

The amendments include (i) increasing the stringency of lead criteria, (ii) reclassifying 20 waters from Class III (nontidal free flowing waters) to Class VII (swamp waters), (iii) adding site-specific maximum temperature criteria for four trout-stocked waters, and (iv) deleting the manganese criterion for public water supplies.

Changes since publication of the proposed regulation include correction of the aquatic life water quality criteria concentrations for lead in saltwater and removal from the final regulation of (i) the eight human health criteria parameters, (ii) the water quality criteria for ammonia to protect aquatic life in freshwater, and (iii) the designation for four Class VII swamp water designations.

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.

Part I
Surface Water Standards with General, Statewide Application

9VAC25-260-5. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Algicides" means chemical substances, most commonly copper-based, used as a treatment method to control algae growths.

"Board" means State Water Control Board.

"Chesapeake Bay and its tidal tributaries" means all tidally influenced waters of the Chesapeake Bay; western and eastern coastal embayments and tributaries; James, York, Rappahannock and Potomac Rivers and all their tidal tributaries to the end of tidal waters in each tributary (in larger rivers this is the fall line); and includes subdivisions 1, 2, 3, 4, 5, and 6 of 9VAC25-260-390, subdivisions 1, 1b, 1d, 1f and 1o of 9VAC25-260-410, subdivisions 5 and 5a of 9VAC25-260-415, subdivisions 1 and 1a of 9VAC25-260-440, subdivisions 2, 3, 3a, 3b and 3e of 9VAC25-260-520, and subdivision 1 of 9VAC25-260-530. This definition does not include free flowing sections of these waters.

"Criteria" means elements of the board's water quality standards, expressed as constituent concentrations, levels, or narrative statements, representing a quality of water that supports a particular use.  When criteria are met, water quality will generally protect the designated use.

"Department" or "DEQ" means the Virginia Department of Environmental Quality.

"Designated uses" means those uses specified in water quality standards for each water body waterbody or segment whether or not they are being attained.

"Drifting organisms" means planktonic organisms that are dependent on the current of the water for movement.

"Epilimnion" means the upper layer of nearly uniform temperature in a thermally stratified man-made lake or reservoir listed in 9VAC25-260-187 B.

"Existing uses" means those uses actually attained in the water body waterbody on or after November 28, 1975, whether or not they are included in the water quality standards.

"Lacustrine" means the zone within a lake or reservoir that corresponds to nonflowing lake-like conditions such as those near the dam. The other two zones within a reservoir are riverine (flowing, river-like conditions) and transitional (transition from river to lake conditions).

"Man-made lake or reservoir" means a constructed impoundment.

"Mixing zone" means a limited area or volume of water where initial dilution of a discharge takes place and where numeric water quality criteria can be exceeded but designated uses in the water body waterbody on the whole are maintained and lethality is prevented.

"Natural lake" means an impoundment that is natural in origin. There are two natural lakes in Virginia: Mountain Lake in Giles County and Lake Drummond located within the boundaries of Chesapeake and Suffolk in the Great Dismal Swamp.

"Passing organisms" means free swimming organisms that move with a mean velocity at least equal to the ambient current in any direction.

"Primary contact recreation" means any water-based form of recreation, the practice of which has a high probability for total body immersion or ingestion of water (examples include but are not limited to swimming, water skiing, canoeing and kayaking).

"Pycnocline" means the portion of the water column where density changes rapidly because of salinity and/or temperature. In an estuary the pycnocline is the zone separating deep, cooler more saline waters from the less saline, warmer surface waters. The upper and lower boundaries of a pycnocline are measured as a change in density per unit of depth that is greater than twice the change of the overall average for the total water column.

"Secondary contact recreation" means a water-based form of recreation, the practice of which has a low probability for total body immersion or ingestion of waters (examples include but are not limited to wading, boating and fishing).

"Swamp waters" means waters with naturally occurring low pH and low dissolved oxygen caused by: (i) low flow velocity that prevents mixing and reaeration of stagnant, shallow waters and (ii) decomposition of vegetation that lowers dissolved oxygen concentrations and causes tannic acids to color the water and lower the pH.

"Use attainability analysis" means a structured scientific assessment of the factors affecting the attainment of the use which may include physical, chemical, biological, and economic factors as described in 9VAC25-260-10 H.

"Water quality standards" means provisions of state or federal law which consist of a designated use or uses for the waters of the Commonwealth and water quality criteria for such waters based upon such uses. Water quality standards are to protect the public health or welfare, enhance the quality of water and serve the purposes of the State Water Control Law (§ 62.1-44.2 et seq. of the Code of Virginia) and the federal Clean Water Act (33 USC § 1251 et seq.).

"Wetlands" means those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.

 

9VAC25-260-50. Numerical criteria for dissolved oxygen, pH, and maximum temperature.***

CLASS

DESCRIPTION OF WATERS

DISSOLVED OXYGEN (mg/l)****

pH

Max. Temp.
(°C)

Min.

Daily Avg.

I

Open Ocean

5.0

‑‑

6.0-9.0

‑‑

II

Tidal Waters in the Chowan Basin and the Atlantic Ocean Basin

4.0

5.0

6.0-9.0

‑‑

II

Tidal Waters in the Chesapeake Bay and its tidal tributaries

see 9VAC25-260-185

6.0-9.0

 

III

Nontidal Waters (Coastal and Piedmont Zones)

4.0

5.0

6.0-9.0

32

IV

Mountainous Zones Waters

4.0

5.0

6.0-9.0

31

V

Stockable Trout Waters

5.0

6.0

6.0-9.0

21

VI

Natural Trout Waters

6.0

7.0

6.0-9.0

20

VII

Swamp Waters

*

*

3.7-8.0*

**

*This classification recognizes that the natural quality of these waters may fluctuate outside of the values for D.O. and pH set forth above as water quality criteria in Class I through VI waters. The natural quality of these waters is the water quality found or expected in the absence of human-induced pollution. Water quality standards will not be considered violated when conditions are determined by the board to be natural and not due to human-induced sources. The board may develop site specific criteria for Class VII waters that reflect the natural quality of the waterbody when the evidence is sufficient to demonstrate that the site specific criteria rather than narrative criterion will fully protect aquatic life uses. Virginia Pollutant Discharge Elimination System limitations in Class VII waters shall not cause significant changes to the naturally occurring dissolved oxygen and pH fluctuations in these waters.

**Maximum temperature will be the same as that for Classes I through VI waters as appropriate.

***The water quality criteria in this section do not apply below the lowest flow averaged (arithmetic mean) over a period of seven consecutive days that can be statistically expected to occur once every 10 climatic years (a climatic year begins April 1 and ends March 31). See 9VAC25-260-310 and 9VAC25-260-380 through 9VAC25-260-540 for site specific adjustments to these criteria.

****For a thermally stratified man-made lake or reservoir in Class III, IV, V or VI waters that are listed in 9VAC25-260-187, these dissolved oxygen and pH criteria apply only to the epilimnion of the water body waterbody. When these waters are not stratified, the dissolved oxygen and pH criteria apply throughout the water column.

9VAC25-260-140. Criteria for surface water.

A. Instream water quality conditions shall not be acutely1 or chronically2 toxic except as allowed in 9VAC25-260-20 B (mixing zones). The following are definitions of acute and chronic toxicity conditions:

"Acute toxicity" means an adverse effect that usually occurs shortly after exposure to a pollutant. Lethality to an organism is the usual measure of acute toxicity. Where death is not easily detected, immobilization is considered equivalent to death.

"Chronic toxicity" means an adverse effect that is irreversible or progressive or occurs because the rate of injury is greater than the rate of repair during prolonged exposure to a pollutant. This includes low level, long-term effects such as reduction in growth or reproduction.

B. The following table is a list of numerical water quality criteria for specific parameters.

Table of Parameters6, 7

PARAMETER
CAS Number

USE DESIGNATION

AQUATIC LIFE

HUMAN HEALTH

FRESHWATER

SALTWATER

Public Water Supply3

All Other Surface Waters4

Acute1

Chronic2

Acute1

Chronic2

Acenapthene (μg/l)
83329

 

 

 

 

670

990

Acrolein (μg/l)
107028

3.0 

3.0 

 

 

6.1

9.3

Acrylonitrile (μg/l)
107131

Known or suspected carcinogen; human health criteria at risk level 10-5.

 

 

 

 

0.51

2.5

Aldrin (μg/l)
309002

Known or suspected carcinogen; human health criteria at risk level 10-5.

3.0

 

1.3

 

0.00049

0.00050

Ammonia (μg/l)
766‑41‑7

Chronic criterion is a 30-day average concentration not to be exceeded more than once every three (3) years on the average. (see 9VAC25-260-155)

 

 

 

 

 

 

Anthracene (μg/l)
120127

 

 

 

 

8,300

40,000

Antimony (μg/l)
7440360

 

 

 

 

5.6

640

Arsenic (μg/l)5
7440382

340

150

69

36

10

 

Bacteria
(see 9VAC25-260-160 and 9VAC25-260-170)

 

 

 

 

 

 

Barium (μg/l)
7440393

 

 

 

 

2,000

 

Benzene (μg/l)
71432

Known or suspected carcinogen; human health criteria at risk level 10-5.

 

 

 

 

22

510

Benzidine (μg/l)
92875

Known or suspected carcinogen; human health criteria at risk level 10-5.

 

 

 

 

0.00086

0.0020

Benzo (a) anthracene (μg/l)
56553

Known or suspected carcinogen; human health criteria at risk level 10-5.

 

 

 

 

0.038

0.18

Benzo (b) fluoranthene (μg/l)
205992

Known or suspected carcinogen; human health criteria at risk level 10-5.

 

 

 

 

0.038

0.18

Benzo (k) fluoranthene (μg/l)
207089

Known or suspected carcinogen; human health criteria at risk level 10-5.

 

 

 

 

0.038

0.18

Benzo (a) pyrene (μg/l)
50328

Known or suspected carcinogen; human health criteria at risk level 10-5.

 

 

 

 

0.038

0.18

Bis2-Chloroethyl Ether (μg/l)
111444

Known or suspected carcinogen; human health criteria at risk level 10-5.

 

 

 

 

0.30

5.3

Bis2-Chloroisopropyl Ether (μg/l)
108601

 

 

 

 

1,400

65,000

Bis2-Ethylhexyl Phthalate (μg/l)
117817

Known or suspected carcinogen; human health criteria at risk level 10-5.

Synonym = Di-2-Ethylhexyl Phthalate.

 

 

 

 

12

22

Bromoform (μg/l)
75252

Known or suspected carcinogen; human health criteria at risk level 10-5.

 

 

 

 

43

1,400

Butyl benzyl phthalate (μg/l)
85687

 

 

 

 

1,500

1,900

Cadmium (μg/l)5
7440439

Freshwater values are a function of total hardness as calcium carbonate (CaCO3) mg/l and the WER. The minimum hardness allowed for use in the equation below shall be 25 and the maximum hardness shall be 400 even when the actual ambient hardness is less than 25 or greater than 400.

Freshwater acute criterion (μg/l)
WER [ [e {1.128[In(hardness)] – 3.828}] [e {0.8407[In(hardness)]– 3.279}] ]

Freshwater chronic criterion (μg/l)
WER [ [e {0.7852[In(hardness)] – 3.490}] [e {0.6247[In(hardness)] – 3.384}] ] CFc

WER = Water Effect Ratio = 1 unless determined otherwise under 9VAC25-260-140 F

e = natural antilogarithm

ln = natural logarithm

CFc = conversion factor (chronic)

CFc = 1.101672-[(ln hardness)(0.041838)] ]

[ 3.9 1.8 ]
CaCO3 = 100

[ 1.1 0.55 ]
CaCO3 = 100

40
X WER

8.8
X WER

5

 

Carbon tetrachloride (μg/l)
56235

Known or suspected carcinogen; human health criteria at risk level 10-5.

 

 

 

 

[ 2.3 4.3 ]

 [ 16 30 ]

Carbaryl (μg/l)

63252

2.1

2.1

1.6

Chlordane (μg/l)
57749

Known or suspected carcinogen; human health criteria at risk level 10-5.

2.4

0.0043

0.09

0.0040

0.0080

0.0081

Chloride (μg/l)
16887006

Human Health health criterion to maintain acceptable taste and aesthetic quality and applies at the drinking water intake.

Chloride criteria do not apply in Class II transition zones (see subsection C of this section).

860,000

230,000

 

 

250,000

 

Chlorine, Total Residual (μg/l)
7782505

In DGIF class i and ii trout waters (9VAC25-260-390 through 9VAC25-260-540) or waters with threatened or endangered species are subject to the halogen ban (9VAC25-260-110).

19

See 9VAC25-260-110

11

See 9VAC25-260-110

 

 

 

 

Chlorine Produced Oxidant (μg/l)
7782505

 

 

13

7.5

 

 

Chlorobenzene (μg/l)
108907

 

 

 

 

130

1,600

Chlorodibromomethane (μg/l)
124481

Known or suspected carcinogen; human health criteria at risk level 10-5.

 

 

 

 

4.0

130

Chloroform (μg/l)
67663

 

 

 

 

340

11,000

2-Chloronaphthalene (μg/l)
91587

 

 

 

 

1,000

1,600

2-Chlorophenol (μg/l)
95578

 

 

 

 

81

150

Chlorpyrifos (μg/l)
2921882

0.083

0.041

0.011

0.0056

 

 

Chromium III (μg/l)5
16065831

Freshwater values are a function of total hardness as calcium carbonate CaCO3 mg/l and the WER. The minimum hardness allowed for use in the equation below shall be 25 and the maximum hardness shall be 400 even when the actual ambient hardness is less than 25 or greater than 400.

Freshwater acute criterion μg/l

WER [e{0.8190[In(hardness)]+3.7256}] (CFa)

Freshwater chronic criterion μg/l
WER [e{0.8190[In(hardness)]+0.6848}] (CFc)

WER = Water Effect Ratio = 1 unless determined otherwise under 9VAC25-260-140.F

e = natural antilogarithm

ln = natural logarithm

CF = conversion factor a (acute) or c (chronic)

CFa= 0.316

CFc=0.860

570
(CaCO3 = 100)

74
(CaCO3 = 100)

 

 

100
(total Cr)

 

Chromium VI (μg/l)5
18540299

16

11

1,100

50

 

 

Chrysene (μg/l)
218019

Known or suspected carcinogen; human health criteria at risk level 10-5.

 

 

 

 

0.0038 0.038

0.018

Copper (μg/l)5
7440508

Freshwater values are a function of total hardness as calcium carbonate CaCO3 mg/l and the WER. The minimum hardness allowed for use in the equation below shall be 25 and the maximum hardness shall be 400 even when the actual ambient hardness is less than 25 or greater than 400.

Freshwater acute criterion (μg/l)

WER [e {0.9422[In(hardness)]-1.700}] (CFa)

Freshwater chronic criterion (μg/l)
WER [e {0.8545[In(hardness)]-1.702}] (CFc)

WER = Water Effect Ratio = 1 unless determined otherwise under 9VAC25-260-140 F.

e = natural antilogarithm

ln = natural logarithm

CF = conversion factor a (acute) or c (chronic)

CFa = 0.960

CFc = 0.960

Alternate copper criteria in freshwater: the freshwater criteria for copper can also be calculated using the EPA 2007 Biotic Ligand Model (See 9VAC25-260-140 G).

Acute saltwater criterion is a 24-hour average not to be exceeded more than once every three years on the average.

13
CaCO3 = 100

9.0
CaCO3 = 100

9.3
X WER

6.0
X WER

1,300

 

Cyanide, Free (μg/l)
57125

22

5.2

1.0

1.0

[ 140 4.2 ]

[ 16,000 480 ]

DDD (μg/l)
72548

Known or suspected carcinogen; human health criteria at risk level 10-5.

 

 

 

 

0.0031

0.0031

DDE (μg/l)
72559

Known or suspected carcinogen; human health criteria at risk level 10-5.

 

 

 

 

0.0022

0.0022

DDT (μg/l)
50293

Known or suspected carcinogen;human health criteria at risk level 10-5.

Total concentration of DDT and metabolites shall not exceed aquatic life criteria.

1.1

0.0010

0.13

0.0010

0.0022

0.0022

Demeton (μg/l)
8065483

 

0.1

 

0.1

 

 

Diazinon (μg/l)
333415

0.17

0.17

0.82

0.82

 

 

Dibenz (a, h) anthracene (μg/l)
53703

Known or suspected carcinogen; human health criteria at risk level 10-5.

 

 

 

 

0.038

0.18

1,2-Dichlorobenzene (μg/l)
95501

 

 

 

 

420

1,300

1,3-Dichlorobenzene (μg/l)
541731

 

 

 

 

320

960

1,4 Dichlorobenzene (μg/l)
106467

 

 

 

 

63

190

3,3 Dichlorobenzidine (μg/l)
91941

Known or suspected carcinogen; human health criteria at risk level 10-5.

 

 

 

 

0.21

0.28

Dichlorobromomethane (μg/l)
75274

Known or suspected carcinogen; human health criteria at risk level 10-5.

 

 

 

 

5.5

170

1,2 Dichloroethane (μg/l)
107062

Known or suspected carcinogen; human health criteria at risk level 10-5.

 

 

 

 

3.8

370

1,1 Dichloroethylene (μg/l)
75354

 

 

 

 

330

7,100

1,2-trans-dichloroethylene (μg/l)
156605

 

 

 

 

140

10,000

2,4 Dichlorophenol (μg/l)
120832

 

 

 

 

77

290

2,4 Dichlorophenoxy acetic acid (2,4-D) (μg/l)
94757

 

 

 

 

100

 

1,2-Dichloropropane (μg/l)
78875

Known or suspected carcinogen; human health criteria at risk level 10-5.

 

 

 

 

5.0

150

1,3-Dichloropropene (μg/l)
542756

Known or suspected carcinogen; human health criteria at risk level 10-5.

 

 

 

 

3.4

210

Dieldrin (μg/l)
60571

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.24

0.056

0.71

0.0019

0.00052

0.00054

Diethyl Phthalate (μg/l)
84662

 

 

 

 

17,000

44,000

2,4 Dimethylphenol (μg/l)
105679

 

 

 

 

380

850

Dimethyl Phthalate (μg/l)
131113

 

 

 

 

270,000

1,100,000

Di-n-Butyl Phthalate (μg/l)
84742

 

 

 

 

2,000

4,500

2,4 Dinitrophenol (μg/l)
51285

 

 

 

 

69

5,300

2-Methyl-4,6-Dinitrophenol (μg/l)
534521

 

 

 

 

13

280

2,4 Dinitrotoluene (μg/l)
121142

Known or suspected carcinogen; human health criteria at risk level 10-5.

 

 

 

 

1.1

34

Dioxin 2, 3, 7, 8-tetrachlorodibenzo-p-dioxin (μg/l)
1746016

 

 

 

 

5.0 E-8

5.1 E-8

1,2-Diphenylhydrazine (μg/l)
122667

Known or suspected carcinogen; human health criteria at risk level 10-5.

 

 

 

 

0.36

2.0

Dissolved Oxygen (μg/l)
(See 9VAC25-260-50)

 

 

 

 

 

 

Alpha-Endosulfan (μg/l)
959988

Total concentration alpha and beta-endosulfan shall not exceed aquatic life criteria.

0.22

0.056

0.034

0.0087

62

89

Beta-Endosulfan (μg/l)
33213659

Total concentration alpha and beta-endosulfan shall not exceed aquatic life criteria.

0.22

0.056

0.034

0.0087

62

89

Endosulfan Sulfate (μg/l)
1031078

 

 

 

 

62

89

Endrin (μg/l)
72208

0.086

0.036

0.037

0.0023

0.059

0.060

Endrin Aldehyde (μg/l)
7421934

 

 

 

 

0.29

0.30

Ethylbenzene (μg/l)
100414

 

 

 

 

530

2,100

Fecal Coliform
(see 9VAC25-260-160)

 

 

 

 

 

 

Fluoranthene (μg/l)
206440

 

 

 

 

130

140

Fluorene (μg/l)
86737

 

 

 

 

1,100

5,300

Foaming Agents (μg/l)
Criterion measured as methylene blue active substances. Criterion to maintain acceptable taste, odor, or aesthetic quality of drinking water and applies at the drinking water intake.

 

 

 

 

500

 

Guthion (μg/l)
86500

 

0.01

 

0.01

 

 

Heptachlor (μg/l)
76448

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.52

0.0038

0.053

0.0036

0.00079

0.00079

Heptachlor Epoxide (μg/l)
1024573

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.52

0.0038

0.053

0.0036

0.00039

0.00039

Hexachlorobenzene (μg/l)
118741

Known or suspected carcinogen; human health criteria at risk level 10-5.

 

 

 

 

0.0028

0.0029

Hexachlorobutadiene (μg/l)
87683
Known or suspected carcinogen; human health criteria at risk level 10-5.

 

 

 

 

4.4

180

Hexachlorocyclohexane Alpha-BHC (μg/l)
319846

Known or suspected carcinogen; human health criteria at risk level 10-5.

 

 

 

 

0.026

0.049

Hexachlorocyclohexane Beta-BHC (μg/l)
319857

Known or suspected carcinogen; human health criteria at risk level 10-5.

 

 

 

 

0.091

0.17

Hexachlorocyclohexane (μg/l) (Lindane)

Gamma-BHC
58899

Known or suspected carcinogen;human health criteria at risk level 10-5.

0.95

 

0.16

 

0.98

1.8

Hexachlorocyclopentadiene (μg/l)
77474

 

 

 

 

40

1,100

Hexachloroethane (μg/l)
67721

Known or suspected carcinogen; human health criteria at risk level 10-5.

 

 

 

 

[ 14 5.0 ]

[ 33 12 ]

Hydrogen sulfide (μg/l)
7783064

 

2.0

 

2.0

 

 

Indeno (1,2,3,-cd) pyrene (μg/l)
193395

Known or suspected carcinogen; human health criteria at risk level 10-5.

 

 

 

 

0.038

0.18

Iron (μg/l)
7439896

Criterion to maintain acceptable taste, odor or aesthetic quality of drinking water and applies at the drinking water intake.

 

 

 

 

300

 

Isophorone (μg/l)
78591

Known or suspected carcinogen; human health criteria at risk level 10-5.

 

 

 

 

350

9,600

Kepone (μg/l)
143500

 

zero

 

zero

 

 

Lead (μg/l)5
7439921

Freshwater values are a function of total hardness as calcium carbonate CaCO3 mg/l and the water effect ratio. The minimum hardness allowed for use in the equation below shall be 25 and the maximum hardness shall be 400 even when the actual ambient hardness is less than 25 or greater than 400.

Freshwater acute criterion (μg/l)
WER [e {1.273[In(hardness)]-1.084}](CFa)

Freshwater chronic criterion (μg/l)
WER [e {1.273[In(hardness)]-3.259}](CFc)

WER = Water Effect Ratio = 1 unless determined otherwise under 9VAC25-260-140 F

e = natural antilogarithm

ln = natural logarithm

CF = conversion factor a (acute) or c (chronic)

CFa = 1.46203-[(ln hardness)(0.145712)]

CFc = 1.46203-[(ln hardness)(0.145712)]

120 94
CaCO3 = 100

14 11
CaCO3 = 100

240 230 ] X WER

9.3 8.8 ] X WER

15

 

Malathion (μg/l)
121755

 

0.1

 

0.1

 

 

Manganese (μg/l)
7439965

Criterion to maintain acceptable taste, odor or aesthetic quality of drinking water and applies at the drinking water intake.

 

 

 

 

50

 

Mercury (μg/l) 5
7439976

1.4

0.77

1.8

0.94

 

 

Methyl Bromide (μg/l)
74839

 

 

 

 

47

1,500

Methyl Mercury (Fish Tissue Criterion mg/kg) 8
22967926

 

 

 

 

0.30

0.30

Methylene Chloride (μg/l)
75092

Known or suspected carcinogen; human health criteria at risk level 10-5. Synonym = Dichloromethane

 

 

 

 

[ 46 170 ]

[ 5,900 22,000 ]

Methoxychlor (μg/l)
72435

 

0.03

 

0.03

100

 

Mirex (μg/l)
2385855

 

zero

 

zero

 

 

Nickel (μg/l)5
744002

Freshwater values are a function of total hardness as calcium carbonate CaCO3 mg/l and the WER. The minimum hardness allowed for use in the equation below shall be 25 and the maximum hardness shall be 400 even when the actual ambient hardness is less than 25 or greater than 400.

Freshwater acute criterion (μg/l)
WER [e {0.8460[In(hardness)] + 1.312}] (CFa)

Freshwater chronic criterion (μg/l)
WER [e {0.8460[In(hardness)] - 0.8840}] (CFc)

WER = Water Effect Ratio = 1 unless determined otherwise under 9VAC25-260-140 F

e = natural antilogarithm

ln = natural logarithm

CF = conversion factor a (acute) or c (chronic)

CFa = 0.998

CFc = 0.997

180
CaCO3 = 100

20
CaCO3 = 100

74 X WER

8.2 X WER

610

4,600

Nitrate as N (μg/l)
14797558

 

 

 

 

10,000

 

Nitrobenzene (μg/l)
98953

 

 

 

 

[ 17 68 ]

[ 690 2,800 ]

N-Nitrosodimethylamine (μg/l)
62759

Known or suspected carcinogen; human health criteria at risk level 10-5.

 

 

 

 

0.0069

30

N-Nitrosodiphenylamine (μg/l)
86306

Known or suspected carcinogen; human health criteria at risk level 10-5.

 

 

 

 

33

160 60

N-Nitrosodi-n-propylamine (μg/l)
621647

Known or suspected carcinogen; human health criteria at risk level 10-5.

 

 

 

 

0.050

5.1

Nonylphenol (μg/l)
1044051 84852153

28

6.6

7.0

1.7

 

 

Parathion (μg/l)
56382

0.065

0.013

 

 

 

 

PCB Total (μg/l)
1336363

Known or suspected carcinogen; human health criteria at risk level 10-5.

 

0.014

 

0.030

0.00064

0.00064

Pentachlorophenol (μg/l)
87865

Known or suspected carcinogen; human health criteria risk level at 10-5.

Freshwater acute criterion (μg/l)
e (1.005(pH)-4.869)

Freshwater chronic criterion (μg/l)
e (1.005(pH)-5.134)

8.7
pH = 7.0

6.7
pH = 7.0

13

7.9

[ 2.7 0.80 ]

[ 30 9.1 ]

pH
See 9VAC25-260-50

 

 

 

 

 

 

Phenol (μg/l)
108952

 

 

 

 

10,000

860,000

Phosphorus Elemental (μg/l)
7723140

 

 

 

0.10

 

 

Pyrene (μg/l)
129000

 

 

 

 

830

4,000

Radionuclides

 

 

 

 

 

 

Gross Alpha Particle Activity (pCi/L)

 

 

 

 

15

 

Beta Particle & Photon Activity (mrem/yr) (formerly man-made radionuclides)

 

 

 

 

4

 

Combined Radium 226 and 228 (pCi/L)

 

 

 

 

5

 

Uranium (μg/L)

 

 

 

 

30

 

Selenium (μg/l)5
7782492

WER shall not be used for freshwater acute and chronic criteria. Freshwater criteria expressed as total recoverable.

20

5.0

290
X WER

71
X WER

170

4,200

Silver (μg/l)5
7440224

Freshwater values are a function of total hardness as calcium carbonate (CaCO3) mg/l and the WER. The minimum hardness allowed for use in the equation below shall be 25 and the maximum hardness shall be 400 even when the actual ambient hardness is less than 25 or greater than 400.

Freshwater acute criterion (μg/l)
WER [e {1.72[In(hardness)]-6.52}] (CFa)

WER = Water Effect Ratio = 1 unless determined otherwise under 9VAC25-260-140 F

e = natural antilogarithm

ln = natural logarithm

CF = conversion factor a (acute) or c (chronic)

CFa = 0.85

3.4; CaCO3 = 100

 

1.9
X WER

 

 

 

Sulfate (μg/l)

Criterion to maintain acceptable taste, odor or aesthetic quality of drinking water and applies at the drinking water intake.

 

 

 

 

250,000

 

Temperature

See 9VAC25-260-50

 

 

 

 

 

 

1,1,2,2-Tetrachloroethane (μg/l)
79345
Known or suspected carcinogen; human health criteria at risk level 10-5).

 

 

 

 

1.7

40

Tetrachloroethylene (μg/l)
127184
Known or suspected carcinogen; human health criteria at risk level 10-5).

 

 

 

 

[ 6.9 130 ]

[ 33 620 ]

Thallium (μg/l)
7440280

 

 

 

 

0.24

0.47

Toluene (μg/l)
108883

 

 

 

 

510

6,000

Total Dissolved Solids (μg/l)
Criterion to maintain acceptable taste, odor or aesthetic quality of drinking water and applies at the drinking water intake.

 

 

 

 

500,000

 

Toxaphene (μg/l)
8001352
Known or suspected carcinogen; human health criteria at risk level 10-5.

0.73

0.0002

0.21

0.0002

0.0028

0.0028

Tributyltin (μg/l)
60105

0.46

0.072

0.42

0.0074

 

 

1, 2, 4 Trichlorobenzene (μg/l)
120821

 

 

 

 

35

70

1,1,2-Trichloroethane (μg/l)
79005

Known or suspected carcinogen; human health criteria at risk level 10-5.

 

 

 

 

5.9

160

Trichloroethylene (μg/l)
79016

Known or suspected carcinogen;human health criteria at risk level 10-5.

 

 

 

 

[ 25 7.0 ]

[ 300 82 ]

2, 4, 6-Trichlorophenol (μg/l)
88062

Known or suspected carcinogen; human health criteria at risk level 10-5..

 

 

 

 

14

24

2-(2, 4, 5-Trichlorophenoxy) propionic acid (Silvex) (μg/l)
93721

 

 

 

 

50

 

Vinyl Chloride (μg/l)
75014

Known or suspected carcinogen; human health criteria at risk level 10-5.

 

 

 

 

0.25

24

Zinc (μg/l)5
7440666

Freshwater values are a function of total hardness as calcium carbonate (CaCO3) mg/l and the WER. The minimum hardness allowed for use in the equation below shall be 25 and the maximum, hardness shall be 400 even when the actual ambient hardness is less than 25 or greater than 400.

Freshwater acute criterion (μg/l)
WER [e {0.8473[In(hardness)]+0.884}] (CFa)

Freshwater chronic criterion (μg/l)
WER [e{0.8473[In(hardness)]+0.884}] (CFc)

WER = Water Effect Ratio = 1 unless determined otherwise under 9VAC25-260-140 F

e = base e exponential function. natural antilogarithm

ln = log normal function natural logarithm

CF = conversion factor a (acute) or c (chronic)

CFa = 0.978

CFc = 0.986

120 CaCO3 = 100

120 CaCO3 = 100

90
X WER

81
X WER

7,400

26,000

1One hour average concentration not to be exceeded more than once every 3 years on the average, unless otherwise noted.

2Four-day average concentration not to be exceeded more than once every 3 years on the average, unless otherwise noted.

3Criteria have been calculated to protect human health from toxic effects through drinking water and fish consumption, unless otherwise noted and apply in segments designated as PWS in 9VAC25-260-390-540 through 9VAC25-260-540.

4Criteria have been calculated to protect human health from toxic effects through fish consumption, unless otherwise noted and apply in all other surface waters not designated as PWS in 9VAC25-260-390-540 through 9VAC25-260-540.

5Acute and chronic saltwater and freshwater aquatic life criteria apply to the biologically available form of the metal and apply as a function of the pollutant's water effect ratio (WER) as defined in 9VAC25-260-140 F (WER X criterion). Metals measured as dissolved shall be considered to be biologically available, or, because local receiving water characteristics may otherwise affect the biological availability of the metal, the biologically available equivalent measurement of the metal can be further defined by determining a water effect ratio (WER) and multiplying the numerical value shown in 9VAC25-260-140 B by the WER. Refer to 9VAC25-260-140 F. Values displayed above in the table are examples and correspond to a WER of 1.0. Metals criteria have been adjusted to convert the total recoverable fraction to dissolved fraction using a conversion factor. Criteria that change with hardness have the conversion factor listed in the table above.

6The flows listed below are default design flows for calculating steady state waste load wasteload allocations unless statistically valid methods are employed which demonstrate compliance with the duration and return frequency of the water quality criteria.

Aquatic Life:

Acute criteria

1Q10

Chronic criteria

7Q10

Chronic criteria (ammonia)

30Q10

Human Health:

Noncarcinogens

30Q5

Carcinogens

Harmonic mean

The following are defined for this section:

"1Q10" means the lowest flow averaged over a period of one 1 day which on a statistical basis can be expected to occur once every 10 climatic years.

"7Q10" means the lowest flow averaged over a period of seven 7 consecutive days that can be statistically expected to occur once every 10 climatic years.

"30Q5" means the lowest flow averaged over a period of 30 consecutive days that can be statistically expected to occur once every five 5 climatic years.

"30Q10" means the lowest flow averaged over a period of 30 consecutive days that can be statistically expected to occur once every 10 climatic years.

"Averaged" means an arithmetic mean.

"Climatic year" means a year beginning on April 1 and ending on March 31.

7The criteria listed in this table are two significant digits. For other criteria that are referenced to other sections of this regulation in this table, all numbers listed as criteria values are significant.

8The fish tissue criterion for methylmercury applies to a concentration of 0.30 mg/kg as wet weight in edible tissue for species of fish and/or and shellfish resident in a waterbody that are commonly eaten in the area and have commercial, recreational, or subsistence value.

C. Application of freshwater and saltwater numerical criteria. The numerical water quality criteria listed in subsection B of this section (excluding dissolved oxygen, pH, temperature) shall be applied according to the following classes of waters (see 9VAC25-260-50) and boundary designations:

CLASS OF WATERS

NUMERICAL CRITERIA

I and II (Estuarine Waters)

Saltwater criteria apply

II (Transition Zone)

More stringent of either the freshwater or saltwater criteria apply

II (Tidal Freshwater), III, IV, V, VI and VII

Freshwater criteria apply

The following describes the boundary designations for Class II, (estuarine, transition zone and tidal freshwater waters) by river basin:

1. Rappahannock Basin. Tidal freshwater is from the fall line of the Rappahannock River to the upstream boundary of the transition zone including all tidal tributaries that enter the tidal freshwater Rappahannock River.

Transition zone upstream boundary – N38° 4'56.59"/-W76° 58' 47.93" (430 feet east of Hutchinson Swamp) to N38° 5' 23.33"/-W76° 58' 24.39" (0.7 miles upstream of Peedee Creek).

Transition zone downstream boundary – N37° 58'45.80"/-W76° 55' 28.75" (1,000 feet downstream of Jenkins Landing) to N37° 59' 20.07/-W76° 53' 45.09" (0.33 miles upstream of Mulberry Point). All tidal waters that enter the transition zone are themselves transition zone waters.

Estuarine waters are from the downstream boundary of the transition zone to the mouth of the Rappahannock River (Buoy 6), including all tidal tributaries that enter the estuarine waters of the Rappahannock River.

2. York Basin. Tidal freshwater is from the fall line of the Mattaponi River at N37° 47' 20.03"/W77° 6' 15.16" (800 feet upstream of the Route 360 bridge in Aylett) to the upstream boundary of the Mattaponi River transition zone, and from the fall line of the Pamunkey River at N37° 41'22.64"/W77° 12' 50.83" (2,000 feet upstream of Totopotomy Creek) to the upstream boundary of the Pamunkey River transition zone, including all tidal tributaries that enter the tidal freshwaters of the Mattaponi and Pamunkey Rivers.

Mattaponni Mattaponi River transition zone upstream boundary – N37° 39' 29.65"/W76° 52' 53.29" (1,000 feet upstream of Mitchell Hill Creek) to N37° 39' 24.20"/W76° 52' 55.87" (across from Courthouse Landing).

Mattaponi River transition zone downstream boundary – N37° 32'19.76"/W76° 47' 29.41" (old Lord Delaware Bridge, west side) to N37°32' 13.25"/W76° 47' 10.30" (old Lord Delaware Bridge, east side).

Pamunkey River transition zone upstream boundary – N37° 32'36.63"/W76° 58' 29.88" (Cohoke Marsh, 0.9 miles upstream of Turkey Creek) to N37° 32' 36.51"/W76° 58' 36.48" (0.75 miles upstream of creek at Cook Landing).

Pamunkey River transition zone downstream boundary – N37° 31'57.90"/W76° 48' 38.22" (old Eltham Bridge, west side) to N37°32' 6.25"/W76° 48' 18.82" (old Eltham Bridge, east side).

All tidal tributaries that enter the transition zones of the Mattaponi and Pamunkey Rivers are themselves in the transition zone.

Estuarine waters are from the downstream boundary of the transition zones of the Mattaponi and Pamunkey Rivers to the mouth of the York River (Tue Marsh Light) including all tidal tributaries that enter the estuarine waters of the York River.

3. James Basin. Tidal Freshwater freshwater is from the fall line of the James River in the City of Richmond upstream of Mayo Bridge to the upstream boundary of the transition zone, including all tidal tributaries that enter the tidal freshwater James River.

James River transition zone upstream boundary – N37° 14'28.25"/W76° 56' 44.47" (at Tettington) to N37° 13' 38.56"/W76°56' 47.13" (0.3 miles downstream of Sloop Point).

Chickahominy River transition zone upstream boundary – N37°25' 44.79"/W77° 1' 41.76" (Holly Landing).

Transition zone downstream boundary – N37° 12' 7.23"/W76°37' 34.70" (near Carters Grove Home, 1.25 miles downstream of Grove Creek) to N37° 9' 17.23"/W76° 40' 13.45" (0.7 miles upstream of Hunnicutt Creek). All tidal waters that enter the transition zone are themselves transition zone waters.

Estuarine waters are from the downstream transition zone boundary to the mouth of the James River (Buoy 25) including all tidal tributaries that enter the estuarine waters of the James River.

4. Potomac Basin. Tidal Freshwater freshwater includes all tidal tributaries that enter the Potomac River from its fall line at the Chain Bridge (N38° 55' 46.28"/W77° 6' 59.23") to the upstream transition zone boundary near Quantico, Virginia.

Transition zone includes all tidal tributaries that enter the Potomac River from N38° 31' 27.05"/W77° 17' 7.06" (midway between Shipping Point and Quantico Pier) to N38° 23' 22.78"/W77° 1' 45.50" (one mile southeast of Mathias Point).

Estuarine waters includes all tidal tributaries that enter the Potomac River from the downstream transition zone boundary to the mouth of the Potomac River (Buoy 44B).

5. Chesapeake Bay, Atlantic Ocean, and small coastal basins. Estuarine waters include the Atlantic Ocean tidal tributaries, and the Chesapeake Bay and its small coastal basins from the Virginia state line to the mouth of the bay (a line from Cape Henry drawn through Buoys 3 and 8 to Fishermans Island), and its tidal tributaries, excluding the Potomac tributaries and those tributaries listed above in subdivisions 1 through 4 of this subsection.

6. Chowan River Basin. Tidal freshwater includes the Northwest River and its tidal tributaries from the Virginia-North Carolina state line to the free flowing portion, the Blackwater River and its tidal tributaries from the Virginia-North Carolina state line to the end of tidal waters at approximately state route 611 at river mile 20.90, the Nottoway River and its tidal tributaries from the Virginia-North Carolina state line to the end of tidal waters at approximately Route 674, and the North Landing River and its tidal tributaries from the Virginia-North Carolina state line to the Great Bridge Lock.

Transition zone includes Back Bay and its tributaries in the City of Virginia Beach to the Virginia-North Carolina state line.

D. Site-specific modifications to numerical water quality criteria.

1. The board may consider site-specific modifications to numerical water quality criteria in subsection B of this section where the applicant or permittee demonstrates that the alternate numerical water quality criteria are sufficient to protect all designated uses (see 9VAC25-260-10) of that particular surface water segment or body.

2. Any demonstration for site-specific human health criteria shall be restricted to a reevaluation of the bioconcentration or bioaccumulation properties of the pollutant. The exceptions to this restriction are for site-specific criteria for taste, odor, and aesthetic compounds noted by double asterisks in subsection B of this section and nitrates.

3. Procedures for promulgation and review of site-specific modifications to numerical water quality criteria resulting from subdivisions 1 and 2 of this subsection.

a. Proposals describing the details of the site-specific study shall be submitted to the board's staff for approval prior to commencing the study.

b. Any site-specific modification shall be promulgated as a regulation in accordance with the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia). All site-specific modifications shall be listed in 9VAC25-260-310 (Special standards and requirements).

E. Variances to water quality standards.

1. A variance from numeric criteria may be granted to a discharger if it can be demonstrated that one or more of the conditions in 9VAC25-260-10 H limit the attainment of one or more specific designated uses.

a. Variances shall apply only to the discharger to whom they are granted and shall be reevaluated and either continued, modified or revoked at the time of permit issuance. At that time the permittee shall make a showing that the conditions for granting the variance still apply.

b. Variances shall be described in the public notice published for the permit. The decision to approve a variance shall be subject to the public participation requirements of the Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulation, 9VAC25-31 (Permit Regulation).

c. Variances shall not prevent the maintenance and protection of existing uses or exempt the discharger or regulated activity from compliance with other appropriate technology or water quality-based limits or best management practices.

d. Variances granted under this section shall not apply to new discharges.

e. Variances shall be submitted by the department's Division of Scientific Research or its successors to the U.S. Environmental Protection Agency for review and approval/ or disapproval.

f. A list of variances granted shall be maintained by the department's Division of Scientific Research or its successors.

2. None of the variances in this subsection shall apply to the halogen ban section (9VAC25-260-110) or temperature criteria in 9VAC25-260-50 if superseded by § 316(a) of the Clean Water Act requirements. No variances in this subsection shall apply to the criteria that are designed to protect human health from carcinogenic and noncarcinogenic toxic effects (subsection B of this section) with the exception of the metals, and the taste, odor, and aesthetic compounds noted by double asterisks and nitrates, listed in subsection B of this section.

F. Water effect ratio.

1. A water effects ratio (WER) shall be determined by measuring the effect of receiving water (as it is or will be affected by any discharges) on the bioavailability or toxicity of a metal by using standard test organisms and a metal to conduct toxicity tests simultaneously in receiving water and laboratory water. The ratio of toxicities of the metal(s) in the two waters is the WER (toxicity in receiving water divided by toxicity in laboratory water = equals WER). Once an acceptable WER for a metal is established, the numerical value for the metal in subsection B of this section is multiplied by the WER to produce an instream concentration that will protect designated uses. This instream concentration shall be utilized in permitting decisions.

2. The WER shall be assigned a value of 1.0 unless the applicant or permittee demonstrates to the department's satisfaction in a permit proceeding that another value is appropriate, or unless available data allow the department to compute a WER for the receiving waters. The applicant or permittee is responsible for proposing and conducting the study to develop a WER. The study may require multiple testing over several seasons. The applicant or permittee shall obtain the department's Division of Scientific Research or its successor approval of the study protocol and the final WER.

3. The Permit Regulation at 9VAC25-31-230 C requires that permit limits for metals be expressed as total recoverable measurements. To that end, the study used to establish the WER may be based on total recoverable measurements of the metals.

4. The Environmental Protection Agency views the WER in any particular case as a site-specific criterion. Therefore, the department's Division of Scientific Research or its successor shall submit the results of the study to the Environmental Protection Agency for review and approval/disapproval within 30 days of the receipt of certification from the state's Office of the Attorney General. Nonetheless, the The WER is established in a permit proceeding, shall be described in the public notice associated with the permit proceeding, and applies only to the applicant or permittee in that proceeding. The department's action to approve or disapprove a WER is a case decision, not an amendment to the present regulation.

The decision to approve or disapprove a WER shall be subject to the public participation requirements of the Permit Regulation, Part IV (9VAC25-31-260 et seq.). A list of final WERs will be maintained by the department's Division of Scientific Research or its successor.

5. A WER shall not be used for the freshwater and saltwater chronic mercury criteria or the freshwater acute and chronic selenium criteria.

G. Biotic Ligand Model for copper. On a case-by-case basis, EPA's 2007 copper criteria (EPA-822-F-07-001) biotic ligand model (BLM) for copper may be used to determine alternate copper criteria for freshwater sites. The BLM is a bioavailability model that uses receiving water characteristics to develop site-specific criteria. Site-specific data for 10 parameters are needed to use the BLM. These parameters are temperature, pH, dissolved organic carbon, calcium, magnesium, sodium, potassium, sulfate, chloride, and alkalinity. If sufficient data for these parameters are available, the BLM can be used to calculate alternate criteria values for the copper criteria. The BLM would be used instead of the hardness-based criteria and takes the place of the hardness adjustment and the WER. A WER will not be applicable with the BLM.

 

9VAC25-260-155. Ammonia surface water quality criteria.

EDITOR'S NOTE: The proposed amendments to subsections A, B, and C of 9VAC25-260-155, published in 31:22 VA.R. 1974-1985 June 29, 2015, were not adopted by the State Water Control Board. Since no changes were made to these subsections, the text is removed from the final regulation.

[ D. E. ] The one-hour average concentration of total ammonia nitrogen (in mg N/L) in saltwater shall not exceed, more than once every three years on the average, the acute criteria below:

Acute Ammonia Saltwater Criteria
Total Ammonia Nitrogen (mg N/L)
Salinity = 10 g/kg

 

Temperature °C

pH

0

5

10

15

20

25

30

35

7.00

231.9

159.8

110.1

75.88

52.31

36.08

24.91

17.21

7.20

146.4

100.9

69.54

47.95

33.08

22.84

15.79

10.93

7.40

92.45

63.73

43.94

30.32

20.94

14.48

10.03

6.97

7.60

58.40

40.28

27.80

19.20

13.28

9.21

6.40

4.47

7.80

36.92

25.48

17.61

12.19

8.45

5.88

4.11

2.89

8.00

23.37

16.15

11.18

7.76

5.40

3.78

2.66

1.89

8.20

14.81

10.26

7.13

4.97

3.48

2.46

1.75

1.27

8.40

9.42

6.54

4.57

3.20

2.27

1.62

1.18

0.87

8.60

6.01

4.20

2.95

2.09

1.50

1.09

0.81

0.62

8.80

3.86

2.72

1.93

1.39

1.02

0.76

0.58

0.46

9.00

2.51

1.79

1.29

0.95

0.71

0.55

0.44

0.36

Salinity = 20 g/kg

 

Temperature °C

pH

0

5

10

15

20

25

30

35

7.00

247.6

170.5

117.5

80.98

55.83

38.51

26.58

18.36

7.20

156.3

107.7

74.21

51.17

35.30

24.37

16.84

11.66

7.40

98.67

68.01

46.90

32.35

22.34

15.44

10.70

7.43

7.60

62.33

42.98

29.66

20.48

14.17

9.82

6.82

4.76

7.80

39.40

27.19

18.78

13.00

9.01

6.26

4.37

3.07

8.00

24.93

17.23

11.92

8.27

5.76

4.02

2.83

2.01

8.20

15.80

10.94

7.59

5.29

3.70

2.61

1.86

1.34

8.40

10.04

6.97

4.86

3.41

2.41

1.72

1.24

0.91

8.60

6.41

4.47

3.14

2.22

1.59

1.15

0.85

0.65

8.80

4.11

2.89

2.05

1.47

1.07

0.80

0.61

0.48

9.00

2.67

1.90

1.36

1.00

0.75

0.57

0.46

0.37

Salinity = 30 g/kg

 

Temperature °C

pH

0

5

10

15

20

25

30

35

7.00

264.6

182.3

125.6

86.55

59.66

41.15

28.39

19.61

7.20

167.0

115.1

79.31

54.68

37.71

26.03

17.99

12.45

7.40

105.5

72.68

50.11

34.57

23.87

16.50

11.42

7.92

7.60

66.61

45.93

31.69

21.88

15.13

10.48

7.28

5.07

7.80

42.10

29.05

20.07

13.88

9.62

6.68

4.66

3.27

8.00

26.63

18.40

12.73

8.83

6.14

4.29

3.01

2.13

8.20

16.88

11.68

8.10

5.64

3.94

2.78

1.97

1.42

8.40

10.72

7.44

5.18

3.63

2.56

1.82

1.31

0.96

8.60

6.83

4.77

3.34

2.36

1.69

1.22

0.90

0.68

8.80

4.38

3.08

2.18

1.56

1.13

0.84

0.64

0.50

9.00

2.84

2.01

1.45

1.06

0.79

0.60

0.47

0.39

To calculate total ammonia nitrogen acute criteria values in saltwater at different pH and temperature values than those listed in this subsection, use the following formulas:

I =

19.9273S

(1000 - 1.005109S)

Where I = molal ionic strength of water

S = Salinity ppt (g/kg)

The regression model used to relate I to pKa (negative log of the ionization constant) is

pKa = 9.245 + .138I 0.138(I)

pKa as defined by these equations is at 298 degrees Kelvin (25°C). T °Kelvin = °C + 273

To correct for other temperatures:

pKaST = pKaS298 + .0324(298 - T °Kelvin) 0.0324(298 - T °Kelvin)

The unionized ammonia fraction (UIA) is given by:

UIA =

1

1 + 10(pKaST-pH)

The acute ammonia criterion in saltwater is given by:

Acute =

.233 0.233

UIA

Multiply the acute value by .822 0.822 to get the ammonia-N acute criterion.

[ E. F. ] The 30-day average concentration of total ammonia nitrogen (in mg N/L) in saltwater shall not exceed, more than once every three years on the average, the chronic criteria below:

Chronic Ammonia Saltwater Criteria
Total Ammonia Nitrogen (mg N/L)
Salinity = 10 g/kg

 

Temperature °C

pH

0

5

10

15

20

25

30

35

7.00

34.84

24.00

16.54

11.40

7.86

5.42

3.74

2.59

7.20

21.99

15.15

10.45

7.20

4.97

3.43

2.37

1.64

7.40

13.89

9.57

6.60

4.55

3.15

2.18

1.51

1.05

7.60

8.77

6.05

4.18

2.88

2.00

1.38

0.96

0.67

7.80

5.55

3.83

2.65

1.83

1.27

0.88

0.62

0.43

8.00

3.51

2.43

1.68

1.17

0.81

0.57

0.40

0.28

8.20

2.23

1.54

1.07

0.75

0.52

0.37

0.26

0.19

8.40

1.41

0.98

0.69

0.48

0.34

0.24

0.18

0.13

8.60

0.90

0.63

0.44

0.31

0.23

0.16

0.12

0.09

8.80

0.58

0.41

0.29

0.21

0.15

0.11

0.09

0.07

9.00

0.38

0.27

0.19

0.14

0.11

0.08

0.07

0.05

Salinity = 20 g/kg

 

 

Temperature °C

 

pH

0

5

10

15

20

25

30

35

 

7.00

37.19

25.62

17.65

12.16

8.39

5.78

3.99

2.76

 

7.20

23.47

16.17

11.15

7.69

5.30

3.66

2.53

1.75

 

7.40

14.82

10.22

7.04

4.86

3.36

2.32

1.61

1.12

 

7.60

9.36

6.46

4.46

3.08

2.13

1.47

1.02

0.71

 

7.80

5.92

4.08

2.82

1.95

1.35

0.94

0.66

0.46

 

8.00

3.74

2.59

1.79

1.24

0.86

0.60

0.43

0.30

 

8.20

2.37

1.64

1.14

0.79

0.56

0.39

0.28

0.20

 

8.40

1.51

1.05

0.73

0.51

0.36

0.26

0.19

0.14

 

8.60

0.96

0.67

0.47

0.33

0.24

0.17

0.13

0.10

 

8.80

0.62

0.43

0.31

0.22

0.16

0.12

0.09

0.07

 

9.00

0.40

0.28

0.20

0.15

0.11

0.09

0.07

0.06

 

Salinity = 30 g/kg

 

 

Temperature °C

 

pH

0

5

10

15

20

25

30

35

 

7.00

39.75

27.38

18.87

13.00

8.96

6.18

4.27

2.95

 

7.20

25.09

17.29

11.91

8.21

5.67

3.91

2.70

1.87

 

7.40

15.84

10.92

7.53

5.19

3.59

2.48

1.72

1.19

 

7.60

10.01

6.90

4.76

3.29

2.27

1.57

1.09

0.76

 

7.80

6.32

4.36

3.01

2.08

1.44

1.00

0.70

0.49

 

8.00

4.00

2.76

1.91

1.33

0.92

0.64

0.45

0.32

 

8.20

2.53

1.75

1.22

0.85

0.59

0.42

0.30

0.21

 

8.40

1.61

1.12

0.78

0.55

0.38

0.27

0.20

0.14

 

8.60

1.03

0.72

0.50

0.35

0.25

0.18

0.14

0.10

 

8.80

0.66

0.46

0.33

0.23

0.17

0.13

0.10

0.08

 

9.00

0.43

0.30

0.22

0.16

0.12

0.09

0.07

0.06

 

To calculate total ammonia nitrogen chronic criteria values in saltwater at different pH and temperature values than those listed in this subsection, use the following formulas:

I =

19.9273S

(1000 - 1.005109S)

Where I = molal ionic strength of water

S = Salinity ppt (g/kg)

The regression model used to relate I to pKa (negative log of the ionization constant) is

pKa = 9.245 + .138I 0.138(I)

pKa as defined by these equations is at 298 degrees Kelvin (25°C). T °Kelvin = °C + 273

To correct for other temperatures:

pKaST = pKaS298 + 0324(298 - T °Kelvin) 0.0324(298 - T °Kelvin)

The unionized ammonia fraction (UIA) is given by:

UIA =

1

1 + 10(pKaST-pH)

The chronic ammonia criterion in saltwater is given by:

Chronic =

.035 0.035

UIA

Multiply the chronic value by .822 0.822 to get the ammonia-N chronic criterion.

1The default design flow for calculating steady state wasteload allocations for the acute ammonia criterion for freshwater is the 1Q10 (see 9VAC25-260-140 B footnote 10) unless statistically valid methods are employed which demonstrate compliance with the duration and return frequency of the water quality criteria.

2The default design flow for calculating steady state wasteload allocations for the chronic ammonia criterion for freshwater is the 30Q10 (see 9VAC25-260-140 B footnote 10) unless statistically valid methods are employed which demonstrate compliance with the duration and return frequency of the water quality criteria.

 

 

 

 

 

 

 

 

 

9VAC25-260-185. Criteria to protect designated uses from the impacts of nutrients and suspended sediment in the Chesapeake Bay and its tidal tributaries.

A. Dissolved oxygen. The dissolved oxygen criteria in the below table apply to all Chesapeake Bay waters according to their specified designated use and supersede the dissolved oxygen criteria in 9VAC25-260-50.

Designated Use

Criteria Concentration/Duration

Temporal Application

Migratory fish spawning and nursery

7-day mean ≥ 6 mg/l (tidal habitats with 0-0.5 ppt salinity)

February 1 - May 31

Instantaneous minimum ≥ 5 mg/l

Open water1

30 day mean ≥ 5.5 mg/l (tidal habitats with 0-0.5 ppt salinity)

year-round2

30 day mean ≥ 5 mg/l (tidal habitats with > 0.5 ppt salinity)

7 day mean ≥ 4 mg/l

Instantaneous minimum ≥ 3.2 mg/l at temperatures <29°C

Instantaneous minimum ≥ 4.3 mg/l at temperatures ≥ 29°C

Deep water

30 day mean ≥ 3 mg/l

June 1 - September 30 

1 day mean ≥ 2.3 mg/l

Instantaneous minimum ≥ 1.7 mg/l

Deep channel

Instantaneous minimum ≥ 1 mg/l

June 1 - September 30

1In applying this open water instantaneous criterion to the Chesapeake Bay and its tidal tributaries where the existing water quality for dissolved oxygen exceeds an instantaneous minimum of 3.2 mg/l, that higher water quality for dissolved oxygen shall be provided antidegradation protection in accordance with 9VAC25-260-30 A 2.

2Open-water dissolved oxygen criteria attainment is assessed separately over two time periods: summer (June 1- September 30) and nonsummer (October 1-May 31) months.

 

B. Submerged aquatic vegetation and water clarity. Attainment of the shallow-water submerged aquatic vegetation designated use shall be determined using any one of the following criteria:

Designated Use

Chesapeake Bay Program Segment

SAV Acres1

Percent Light-Through-Water2

Water Clarity Acres1

Temporal Application

Shallow Water Submerged Aquatic Vegetation Use water submerged aquatic vegetation use

CB5MH

7,633

22%

14,514

April 1 - October 31

CB6PH

1,267

22%

3,168

March 1 - November 30

CB7PH

15,107

22%

34,085

March 1 - November 30

CB8PH

11

22%

28

March 1 - November 30

POTTF

2,093

13%

5,233

April 1 - October 31

POTOH

1,503

13%

3,758

April 1 - October 31

POTMH

4,250

22%

10,625

April 1 - October 31

RPPTF

66

13%

165

April 1 - October 31

RPPOH

4

13%

10

April 1 - October 31

RPPMH

1700

22%

5000

April 1 - October 31

CRRMH

768

22%

1,920

April 1 - October 31

PIAMH

3,479

22%

8,014

April 1 - October 31

MPNTF

85

13%

213

April 1 - October 31

MPNOH

-

-

-

-

PMKTF

187

13%

468

April 1 - October 31

PMKOH

-

-

-

-

YRKMH

239

22%

598

April 1 - October 31

YRKPH

2,793

22%

6,982

March 1 - November 30

MOBPH

15,901

22%

33,990

March 1 - November 30

JMSTF2

200

13%

500

April 1 - October 31

JMSTF1

1000

13%

2500

April 1 - October 31

APPTF

379

13%

948

April 1 - October 31

JMSOH

15

13%

38

April 1 - October 31

CHKOH

535

13%

1,338

April 1 - October 31

JMSMH

200

22%

500

April 1 - October 31

JMSPH

300

22%

750

March 1 - November 30

WBEMH

-

-

-

-

SBEMH

-

-

-

-

EBEMH

-

-

-

-

ELIPH

-

-

-

-

LYNPH

107

22%

268

March 1 - November 30

POCOH

-

-

-

-

POCMH

4,066

22%

9,368

April 1 - October 31

TANMH

13,579

22%

22,064

April 1 - October 31

1The assessment period for SAV and water clarity acres shall be the single best year in the most recent three consecutive years. When three consecutive years of data are not available, a minimum of three years within the data assessment window shall be used.

2Percent Light through Water light-through-water = 100e(-KdZ) where Kd is water column light attenuation coefficient and can be measured directly or converted from a measured secchi depth where Kd = 1.45/secchi depth. Z = depth at location of measurement of Kd.

C. Chlorophyll a.

Designated Use

Chlorophyll a Narrative Criterion

Temporal Application

Open Water water

Concentrations of chlorophyll a in free-floating microscopic aquatic plants (algae) shall not exceed levels that result in undesirable or nuisance aquatic plant life, or render tidal waters unsuitable for the propagation and growth of a balanced, indigenous population of aquatic life or otherwise result in ecologically undesirable water quality conditions such as reduced water clarity, low dissolved oxygen, food supply imbalances, proliferation of species deemed potentially harmful to aquatic life or humans or aesthetically objectionable conditions.

March 1 - September 30

*See 9VAC25-260-310 special standard bb for numerical chlorophyll criteria for the tidal James River.

D. Implementation.

1. Chesapeake Bay program segmentation scheme as described in Chesapeake Bay Program, 2004 Chesapeake Bay Program Analytical Segmentation Scheme-Revisions, Decisions and Rationales: 1983–2003, CBP/TRS 268/04, EPA 903-R-04-008, Chesapeake Bay Program, Annapolis, Maryland, and the Chesapeake Bay Program published 2005 addendum (CBP/TRS 278-06; EPA 903-R-05-004) is listed below and shall be used as the spatial assessment unit to determine attainment of the criteria in this section for each designated use.

Chesapeake Bay Segment Description

Segment Name1

Chesapeake Bay Segment Description

Segment Name1

Lower Central Chesapeake Bay

CB5MH

Mobjack Bay

MOBPH

Western Lower Chesapeake Bay

CB6PH

Upper Tidal Fresh James River

JMSTF2

Eastern Lower Chesapeake Bay

CB7PH

Lower Tidal Fresh James River

JMSTF1

Mouth of the Chesapeake Bay

CB8PH

Appomattox River

APPTF

Upper Potomac River

POTTF

Middle James River

JMSOH

Middle Potomac River

POTOH

Chickahominy River

CHKOH

Lower Potomac River

POTMH

Lower James River

JMSMH

Upper Rappahannock River

RPPTF

Mouth of the James River

JMSPH

Middle Rappahannock River

RPPOH

Western Branch Elizabeth River

WBEMH

Lower Rappahannock River

RPPMH

Southern Branch Elizabeth River

SBEMH

Corrotoman River

CRRMH

Eastern Branch Elizabeth River

EBEMH

Piankatank River

PIAMH

Lafayette River

LAFMH

Upper Mattaponi River

MPNTF

Mouth of the Elizabeth River

ELIPH

Lower Mattaponi River

MPNOH

Lynnhaven River

LYNPH

Upper Pamunkey River

PMKTF

Middle Pocomoke River

POCOH

Lower Pamunkey River

PMKOH

Lower Pocomoke River

POCMH

Middle York River

YRKMH

Tangier Sound

TANMH

Lower York River

YRKPH

 

 

1First three letters of segment name represent Chesapeake Bay segment description, letters four and five represent the salinity regime of that segment (TF = Tidal Fresh, OH = Oligohaline, MH = Mesohaline, and PH = Polyhaline) and a sixth space is reserved for subdivisions of that segment.

2. The assessment period shall be the most recent three consecutive years. When three consecutive years of data are not available, a minimum of three years within the data assessment window shall be used.

3. Attainment of these criteria shall be assessed through comparison of the generated cumulative frequency distribution of the monitoring data to the applicable criteria reference curve for each designated use. If the monitoring data cumulative frequency curve is completely contained inside the reference curve, then the segment is in attainment of the designated use. The reference curves and procedures to be followed are published in the USEPA, Ambient Water Quality Criteria for Dissolved Oxygen, Water Clarity and Chlorophyll a for the Chesapeake Bay and Its Tidal Tributaries, EPA 903-R-03-002, April 2003 and the 2004 (EPA 903-R-03-002 October 2004) , 2007 (CBP/TRS 285-07, EPA 903-R-07-003), 2007 (CBP/TRS 288/07, EPA 903-R-07-005), 2008 (CBP/TRS 290-08, EPA 903-R-08-001), and 2010 (CBP/TRS 301-10, EPA 903-R-10-002) addenda. An exception to this requirement is in measuring attainment of the SAV and water clarity acres, which are compared directly to the criteria.

9VAC25-260-187. Criteria for man-made lakes and reservoirs to protect aquatic life and recreational designated uses from the impacts of nutrients.

A. The criteria in subsection B of this section apply to the man-made lakes and reservoirs listed in this section. Additional man-made lakes and reservoirs may be added as new reservoirs are constructed or monitoring data become available from outside groups or future agency monitoring.

B. Whether or not algicide treatments are used, the chlorophyll a criteria apply to all waters on the list. The total phosphorus criteria apply only if a specific man-made lake or reservoir received algicide treatment during the monitoring and assessment period of April 1 through October 31.

The 90th percentile of the chlorophyll a data collected at one meter or less within the lacustrine portion of the man-made lake or reservoir between April 1 and October 31 shall not exceed the chlorophyll a criterion for that water body waterbody in each of the two most recent monitoring years that chlorophyll a data are available. For a water body waterbody that received algicide treatment, the median of the total phosphorus data collected at one meter or less within the lacustrine portion of the man-made lake or reservoir between April 1 and October 31 shall not exceed the total phosphorus criterion in each of the two most recent monitoring years that total phosphorus data are available.

Monitoring data used for assessment shall be from sampling location(s) within the lacustrine portion where observations are evenly distributed over the seven months from April 1 through October 31 and are in locations that are representative, either individually or collectively, of the condition of the man-made lake or reservoir.

Man-made Lake or Reservoir Name

Location

Chlorophyll a (μg/L)

Total Phosphorus (μg/L)

Able Abel Lake

Stafford County

35

40

Airfield Pond

Sussex County

35

40

Amelia Lake

Amelia County

35

40

Aquia Reservoir (Smith Lake)

Stafford County

35

40

Bark Camp Lake (Corder Bottom Lake, Lee/Scott/Wise Lake)

Scott County

35

40

Beaver Creek Reservoir

Albemarle County

35

40

Beaverdam Creek Reservoir (Beaverdam Reservoir)

Bedford County

35

40

Beaverdam Reservoir

Loudoun County

35

40

Bedford Reservoir (Stony Creek Reservoir)

Bedford County

35

40

Big Cherry Lake

Wise County

35

40

Breckenridge Reservoir

Prince William County

35

40

Briery Creek Lake

Prince Edward County

35

40

Brunswick Lake (County Pond)

Brunswick County

35

40

Burke Lake

Fairfax County

60

40

Carvin Cove Reservoir

Botetourt County

35

40

Cherrystone Reservoir

Pittsyl-vania County

35

40

Chickahominy Lake

Charles City County

35

40

Chris Green Lake

Albemarle County

35

40

Claytor Lake

Pulaski County

25

20

Clifton Forge Reservoir (Smith Creek Reservoir)

Alleghany County

35

20

Coles Run Reservoir

Augusta County

10

10

Curtis Lake

Stafford County

60

40

Diascund Creek Reservoir

New Kent County

35

40

Douthat Lake

Bath County

25

20

Elkhorn Lake

Augusta County

10

10

Emporia Lake (Meherrin Reservoir)

Greensville County

35

40

Fairystone Lake

Henry County

35

40

Falling Creek Reservoir

Chester-field County

35

40

Fluvanna Ruritan Lake

Fluvanna County

60

40

Fort Pickett Reservoir

Nottoway/Brunswick County

35

40

Gatewood Reservoir

Pulaski County

35

40

Georges Creek Reservoir

Pittsyl-vania County

35

40

Goose Creek Reservoir

Loudoun County

35

40

Graham Creek Reservoir

Amherst County

35

40

Great Creek Reservoir

Lawrenceville

35

40

Harrison Lake

Charles City County

35

40

Harwood Mills Reservoir

York County

60

40

Hidden Valley Lake

Washing-ton County

35

40

Hogan Lake

Pulaski County

35

40

Holiday Lake

Appomat-tox County

35

40

Hungry Mother Lake

Smyth County

35

40

Hunting Run Reservoir

Spotsyl-vania County

35

40

J. W. Flannagan Reservoir

Dickenson County

25

20

Kerr Reservoir, Virginia portion (Buggs Island Lake)

Halifax County

25

30

Keysville Reservoir

Charlotte County

35

40

Lake Albemarle

Albemarle County

35

40

Lake Anna

Louisa County

25

30

Lake Arrowhead

Page County

35

40

Lake Burnt Mills

Isle of Wight County

60

40

Lake Chesdin

Chester-field County

35

40

Lake Cohoon

Suffolk City

60

40

Lake Conner

Halifax County

35

40

Lake Frederick

Frederick County

35

40

Lake Gaston, (Virginia portion)

Brunswick County

25

30

Lake Gordon

Mecklen-burg County

35

40

Lake Keokee

Lee County

35

40

Lake Kilby

Suffolk City

60

40

Lake Lawson

Virginia Beach City

60

40

Lake Manassas

Prince William County

35

40

Lake Meade

Suffolk City

60

40

Lake Moomaw

Bath County

10

10

Lake Nelson

Nelson County

60

40

Lake Nottoway (Lee Lake, Nottoway Lake)

Nottoway County

35

40

Lake Orange

Orange County

60

40

Lake Pelham

Culpeper County

35

40

Lake Prince

Suffolk City

60

40

Lake Robertson

Rock-bridge County

35

40

Lake Smith

Virginia Beach City

60

40

Lake Whitehurst

Norfolk City

60

40

Lake Wright

Norfolk City

60

40

Lakeview Reservoir

Chester-field County

35

40

Laurel Bed Lake

Russell County

35

40

Lee Hall Reservoir (Newport News Reservoir)

Newport News City

60

40

Leesville Reservoir

Bedford County

25

30

Little Creek Reservoir

Virginia Beach City

60

40

Little Creek Reservoir

James City County

25

30

Little River Reservoir

Montgo-mery County

35

40

Lone Star Lake F (Crystal Lake)

Suffolk City

60

40

Lone Star Lake G (Crane Lake)

Suffolk City

60

40

Lone Star Lake I (Butler Lake)

Suffolk City

60

40

Lunga Reservoir

Prince William County

35

40

Lunenburg Beach Lake (Victoria Lake)

Town of Victoria

35

40

Martinsville Reservoir (Beaver Creek Reservoir)

Henry County

35

40

Mill Creek Reservoir

Amherst County

35

40

Modest Creek Reservoir

Town of Victoria

35

40

Motts Run Reservoir

Spotsyl-vania County

25

30

Mount Jackson Reservoir

Shenan-doah County

35

40

Mountain Run Lake

Culpeper County

35

40

Ni Reservoir

Spotsyl-vania County

35

40

North Fork Pound Reservoir

Wise County

35

40

Northeast Creek Reservoir

Louisa County

35

40

Occoquan Reservoir

Fairfax County

35

40

Pedlar Lake

Amherst County

25

20

Philpott Reservoir

Henry County

25

30

Phelps Creek Reservoir (Brookneal Reservoir)

Campbell County

35

40

Powhatan Lakes (Upper and Lower)

Powhatan County

35

40

Ragged Mountain Reservoir

Albemarle County

35

40

Rivanna Reservoir (South Fork Rivanna Reservoir)

Albemarle County

35

40

Roaring Fork

Pittsyl-vania County

35

40

Rural Retreat Lake

Wythe County

35

40

Sandy River Reservoir

Prince Edward County

35

40

Shenandoah Lake

Rocking-ham County

35

40

Silver Lake

Rocking-ham County

35

40

Smith Mountain Lake

Bedford County

25

30

South Holston Reservoir

Washing-ton County

25

20

Speights Run Lake

Suffolk City

60

40

Spring Hollow Reservoir

Roanoke County

25

20

Staunton Dam Lake

Augusta County

35

40

Stonehouse Creek Reservoir

Amherst County

60

40

Strasburg Reservoir

Shenan-doah County

35

40

Stumpy Lake

Virginia Beach

60

40

Sugar Hollow Reservoir

Albemarle County

25

20

Swift Creek Lake

Chester-field County

35

40

Swift Creek Reservoir

Chester-field County

35

40

Switzer Lake

Rocking-ham County

10

10

Talbott Reservoir

Patrick County

35

40

Thrashers Creek Reservoir

Amherst County

35

40

Totier Creek Reservoir

Albemarle County

35

40

Townes Reservoir

Patrick County

25

20

Troublesome Creek Reservoir

Bucking-ham County

35

40

Waller Mill Reservoir

York County

25

30

Western Branch Reservoir

Suffolk City

25

20

Wise Reservoir

Wise County

25

20

C. When the board determines that the applicable criteria in subsection B of this section for a specific man-made lake or reservoir are exceeded, the board shall consult with the Department of Game and Inland Fisheries regarding the status of the fishery in determining whether or not the designated use for that water body waterbody is being attained. If the designated use of the subject water body waterbody is not being attained, the board shall assess the water body waterbody as impaired in accordance with § 62.1-44.19:5 of the Code of Virginia. If the designated use is being attained, the board shall assess the water body waterbody as impaired in accordance with § 62.1-44.19:5 of the Code of Virginia until site-specific criteria are adopted and become effective for that water body waterbody.

D. If the nutrient criteria specified for a man-made lake or reservoir in subsection B of this section do not provide for the attainment and maintenance of the water quality standards of downstream waters as required in 9VAC25-260-10 C, the nutrient criteria herein may be modified on a site-specific basis to protect the water quality standards of downstream waters.

Part VII
Special Standards and Scenic Rivers Listings

9VAC25-260-310. Special standards and requirements.

The special standards are shown in small letters to correspond to lettering in the basin tables. The special standards are as follows:

a. Shellfish waters. In all open ocean or estuarine waters capable of propagating shellfish or in specific areas where public or leased private shellfish beds are present, including those waters on which condemnation classifications are established by the State Virginia Department of Health, the following criteria for fecal coliform bacteria will apply:

The geometric mean fecal coliform value for a sampling station shall not exceed an MPN (most probable number) or MF (membrane filtration using mTEC culture media) of 14 per 100 milliliters (ml) of sample and the estimated 90th percentile shall not exceed an MPN of 43 per 100 ml for a 5-tube decimal dilution test or an MPN of 49 per 100 ml for a 3-tube decimal dilution test or MF test of 31 CFU (colony forming units) per 100 ml.

The shellfish area is not to be so contaminated by radionuclides, pesticides, herbicides, or fecal material that the consumption of shellfish might be hazardous.

b. Policy for the Potomac Embayments. At its meeting on September 12, 1996, the board adopted a policy (9VAC25-415. Policy for the Potomac Embayments) to control point source discharges of conventional pollutants into the Virginia embayment waters of the Potomac River, and their tributaries, from the fall line at Chain Bridge in Arlington County to the Route 301 bridge in King George County. The policy sets effluent limits for BOD5, total suspended solids, phosphorus, and ammonia, to protect the water quality of these high profile waterbodies.

c. Cancelled.

d. Cancelled.

e. Cancelled.

f. Cancelled.

g. Occoquan watershed policy. At its meeting on July 26, 1971 (Minute 10), the board adopted a comprehensive pollution abatement and water quality management policy for the Occoquan watershed. The policy set stringent treatment and discharge requirements in order to improve and protect water quality, particularly since the waters are an important water supply for Northern Virginia. Following a public hearing on November 20, 1980, the board, at its December 10-12, 1980 meeting, adopted as of February 1, 1981, revisions to this policy (Minute 20). These revisions became effective March 4, 1981. Additional amendments were made following a public hearing on August 22, 1990, and adopted by the board at its September 24, 1990, meeting (Minute 24) and became effective on December 5, 1990. Copies are available upon request from the Department of Environmental Quality.

h. Cancelled.

i. Cancelled.

j. Cancelled.

k. Cancelled.

l. Cancelled.

m. The following effluent limitations apply to wastewater treatment facilities treating an organic nutrient source in the entire Chickahominy watershed above Walker's Dam (this excludes discharges consisting solely of stormwater):

CONSTITUENT

CONCENTRATION

1. Biochemical Oxygen oxygen demand 5-day

6 mg/l monthly average, with not more than 5% of individual samples to exceed 8 mg/l.

2. Settleable Solids solids

Not to exceed 0.1 ml/l monthly average.

3. Suspended Solids solids

5.0 mg/l monthly average, with not more than 5% of individual samples to exceed 7.5 mg/l.

4. Ammonia Nitrogen nitrogen

Not to exceed 2.0 mg/l monthly average as N.

5. Total Phosphorus phosphorus

Not to exceed 0.10 mg/l monthly average for all discharges with the exception of Tyson Foods, Inc., which shall meet 0.30 mg/l monthly average and 0.50 mg/l daily maximum.

6. Other Physical physical and Chemical Constituents chemical constituents

Other physical or chemical constituents not specifically mentioned will be covered by additional specifications as conditions detrimental to the stream arise. The specific mention of items 1 through 5 does not necessarily mean that the addition of other physical or chemical constituents will be condoned.

n. No sewage discharges, regardless of degree of treatment, should be allowed into the James River between Bosher and Williams Island Dams.

o. The concentration and total amount of impurities in Tuckahoe Creek and its tributaries of sewage origin shall be limited to those amounts from sewage, industrial wastes, and other wastes which are now present in the stream from natural sources and from existing discharges in the watershed.

p. Cancelled.

q. Cancelled.

r. Cancelled.

s. Cancelled.

t. Cancelled.

u. Maximum temperature for the New River Basin from Virginia-West Virginia state line upstream to the Giles-Montgomery County line:

The maximum temperature shall be 27°C (81°F) unless caused by natural conditions; the maximum rise above natural temperatures shall not exceed 2.8°C (5°F).

This maximum temperature limit of 81°F was established in the 1970 water quality standards amendments so that Virginia temperature criteria for the New River would be consistent with those of West Virginia, since the stream flows into that state.

v. The maximum temperature of the New River and its tributaries (except trout waters) from the Montgomery-Giles County line upstream to the Virginia-North Carolina state line shall be 29°C (84°F).

w. Cancelled.

x. Clinch River from the confluence of Dumps Creek at river mile 268 at Carbo downstream to river mile 255.4. The special water quality criteria for copper (measured as total recoverable) in this section of the Clinch River are 12.4 μg/l for protection from chronic effects and 19.5 μg/l for protection from acute effects. These site-specific criteria are needed to provide protection to several endangered species of freshwater mussels.

y. Tidal freshwater Potomac River and tidal tributaries that enter the tidal freshwater Potomac River from Cockpit Point (below Occoquan Bay) to the fall line at Chain Bridge. During November 1 through February 14 of each year the 30-day average concentration of total ammonia nitrogen (in mg N/L) shall not exceed, more than once every three years on the average, the following chronic ammonia criterion:

(

0.0577

+

2.487

)

x 1.45(100.028(25-MAX))

1 + 107.688-pH

1 + 10pH-7.688

MAX = temperature in °C or 7, whichever is greater.

The default design flow for calculating steady state waste load wasteload allocations for this chronic ammonia criterion is the 30Q10, unless statistically valid methods are employed which demonstrate compliance with the duration and return frequency of this water quality criterion.

z. A site specific dissolved copper aquatic life criterion of 16.3 μg/l for protection from acute effects and 10.5 μg/l for protection from chronic effects applies in the following area:

Little Creek to the Route 60 (Shore Drive) bridge including Little Channel, Desert Cove, Fishermans Cove and Little Creek Cove.

Hampton Roads Harbor including the waters within the boundary lines formed by I-664 (Monitor-Merrimac Memorial Bridge Tunnel) and I-64 (Hampton Roads Bridge Tunnel), Willoughby Bay and the Elizabeth River and its tidal tributaries.

This criterion reflects the acute and chronic copper aquatic life criterion for saltwater in 9VAC25-260-140 B X a water effect ratio. The water effect ratio was derived in accordance with 9VAC25-260-140 F.

aa. The following site-specific dissolved oxygen criteria apply to the tidal Mattaponi and Pamunkey Rivers and their tidal tributaries because of seasonal lower dissolved oxygen concentration due to the natural oxygen depleting processes present in the extensive surrounding tidal wetlands. These criteria apply June 1 through September 30 to Chesapeake Bay segments MPNTF, MPNOH, PMKTF, PMKOH and are implemented in accordance with subsection D of 9VAC25-260-185. These criteria supersede the open water criteria listed in subsection A of 9VAC25-260-185.

Designated use

Criteria Concentration/ Duration

Temporal Application

Open Water water

30 day mean ≥ 4.0 mg/l

June 1 - September 30

Instantaneous minimum ≥ 3.2 mg/l at temperatures<29°C

Instantaneous minimum ≥ 4.3 mg/l at temperatures ≥ 29°C

A site-specific pH criterion of 5.0-8.0 applies to the tidal freshwater Mattaponi Chesapeake Bay segment MPNTF to reflect natural conditions.

bb. The following site specific numerical chlorophyll a criteria apply March 1 through May 31 and July 1 through September 30 as seasonal means to the tidal James River (excludes tributaries) segments JMSTF2, JMSTF1, JMSOH, JMSMH, JMSPH and are implemented in accordance with subsection D of 9VAC25-260-185.

Designated Use

Chlorophyll a µ/l

Chesapeake Bay Program Segment

Temporal Application

Open Water water

10

JMSTF2

March 1 - May 31

15

JMSTF1

15

JMSOH

12

JMSMH

12

JMSPH

15

JMSTF2

July 1 - September 30

23

JMSTF1

22

JMSOH

10

JMSMH

10

JMSPH

cc. For Mountain Lake in Giles County, chlorophyll a shall not exceed 6 µg/L at a depth of 6 six meters and orthophosphate-P shall not exceed 8 µg/L at a depth of one meter or less.

dd. For Lake Drummond, located within the boundaries of Chesapeake and Suffolk in the Great Dismal Swamp, chlorophyll a shall not exceed 35 µg/L and total phosphorus shall not exceed 40 µg/L at a depth of one meter or less.

ee. Reserved. Maximum temperature for these seasonally stockable trout waters is 26°C and applies May 1 through October 31.

ff. Reserved. Maximum temperature for these seasonally stockable trout waters is 28°C and applies May 1 through October 31.

gg. Little Calfpasture River from the Goshen Dam to 0.76 miles above its confluence with the Calfpasture River has a stream condition index (A Stream Condition Index for Virginia Non-Coastal Streams, September 2003, Tetra Tech, Inc.) of at least 20.5 to protect the subcategory of aquatic life that exists here in this river section as a result of the hydrologic modification. From 0.76 miles to 0.02 miles above its confluence with the Calfpasture River, aquatic life conditions are expected to gradually recover and meet the general aquatic life uses at 0.02 miles above its confluence with the Calfpasture River.

hh. Maximum temperature for these seasonally stockable trout waters is 31°C and applies May 1 through October 31.

 

9VAC25-260-390. Potomac River Basin (Potomac River Subbasin).

Potomac River Subbasin

SEC.

CLASS

SP. STDS.

SECTION DESCRIPTION

1

II

a

Tidal tributaries of the Potomac River from Smith Point to Upper Machodoc Creek (Baber Point).

1a

III

 

All free flowing portions of tributaries to the Potomac River from Smith Point to the Route 301 Bridge in King George County unless otherwise designated in this chapter.

 

VII

 

Swamp waters in Section 1a

Lodge Creek and its tributaries from the head of tidal waters to their headwaters. ]

Mattox Creek and its tributaries from the head of tidal waters to their headwaters.

Monroe Creek and tributaries from the head of tidal waters at Route 658 to their headwaters.

 

 

 

Pine Hill Creek and its tributaries from the confluence with Rosier Creek to their headwaters.

Popes Creek and Canal Swamp (a tributary to the tidal portion of Popes Creek) and their tributaries from the head of tidal waters to their respective headwaters.

Thompson Branch and its tributaries from the head of tidal waters to their headwaters. ]

1b

III

b

All free flowing portions of tributaries to the Potomac River from the Route 301 Bridge in King George County to, and including, Potomac Creek, unless otherwise designated in this chapter.

1c

III

PWS,b

Potomac Creek and its tributaries from the Stafford County water supply dam (Able (Abel Lake Reservoir) to their headwaters.

2

II

a

Tidal Upper Machodoc Creek and the tidal portions of its tributaries.

2a

III

 

Free flowing portions of Upper Machodoc Creek and its tributaries.

3

II

b

Tidal portions of the tributaries to the Potomac River from the Route 301 Bridge in King George County to Marlboro Point.

4

II

b,d

Tidal portions of the tributaries to the Potomac River from Marlboro Point to Brent Point (to include Aquia Creek and its tributaries).

4a

III

b,d

Free flowing portions of tributaries to the Potomac River in Section 4 up to the Aquia Sanitary District Water Impoundment.

4b

III

PWS,b, d

Aquia Creek from the Aquia Sanitary District Water Impoundment, and other tributaries into the impoundment, including Beaverdam Run and the Lunga Reservoir upstream to their headwaters.

5

II

b

Tidal portions of tributaries to the Potomac River from Brent Point to Shipping Point, including tidal portions of Chopawamsic Creek and its tidal tributaries.

5a

III

b

Free flowing portions of Chopawamsic Creek and its tributaries upstream to Quantico Marine Base water supply dam.

5b

III

PWS,b

Chopawamsic Creek and its tributaries above the Quantico Marine Base water supply intakes at the Gray and Breckenridge Reservoirs to their headwaters.

6

II

b, y

Tidal portions of tributaries to the Potomac River from Shipping Point to Chain Bridge.

7

III

b

Free flowing portions of tributaries to the Potomac River from Shipping Point to Chain Bridge, unless otherwise designated in this chapter.

7a

III

g

Occoquan River and its tributaries to their headwaters above Fairfax County Water Authority's water supply impoundment, unless otherwise designated in this chapter.

7b

III

PWS,g

The impounded waters of Occoquan River above the water supply dam of the Fairfax County Water Authority to backwater of the impoundment on Bull Run and Occoquan River, and the tributaries of Occoquan above the dam to points 5 miles above the dam.

7c

III

PWS,g

Broad Run and its tributaries above the water supply dam of the City of Manassas upstream to points 5 miles above the dam.

7d

 

 

(Deleted)

7e

III

PWS,g

Cedar Run and its tributaries from the Town of Warrenton's raw water intake to points 5 miles upstream (Fauquier County).

7f

III

PWS,g

The Quantico Marine Base Camp Upshur and its tributaries' raw water intake on Cedar Run (located approximately 0.2 mile above its confluence with Lucky Run) to points 5 miles upstream.

7g

III

PWS,g

The proposed impounded waters of Licking Run above the multiple purpose impoundment structure in Licking Run near Midland (Fauquier County) upstream to points 5 miles above the proposed impoundment.

7h

III

PWS,g

The proposed impounded waters of Cedar Run above the proposed multiple purpose impoundment structure on the main stem of Cedar Run near Auburn (Fauquier County), to points 5 miles above the impoundment.

8

III

PWS

Tributaries to the Potomac River in Virginia between Chain Bridge and the Monacacy River from their confluence with the Potomac upstream 5 miles, to include Goose Creek to the City of Fairfax's raw water intake, unless otherwise designated in this chapter.

8a

VI

PWS

Big Spring Creek and its tributaries in Loudoun County, from its confluence with the Potomac River upstream to their headwaters. (The temperature standard for natural trout water may be exceeded in the area above Big Spring and Little Spring at Routes 15 and 740 due to natural conditions). This section was given a PWS designation due to the Town of Leesburg's intake on the Potomac as referenced in Section 8b below.

 

iii

 

Big Spring Creek from its confluence with the Potomac River upstream to Big Spring.

8b

III

PWS

Those portions of Virginia tributaries into the Potomac River that are within a 5 mile distance upstream of the Town of Leesburg's intake on the Potomac River, unless otherwise designated in this chapter.*

8c

III

PWS

Those portions of Virginia tributaries into the Potomac River that are within a 5 mile distance upstream of the County of Fairfax's intake on the Potomac River.*

9

III

 

Broad Run, Sugarland Run, Difficult Run, Tuscarora Creek, Sycoline Sycolin Creek, and other streams tributary to streams in Section 8 from a point 5 miles above their confluence with the Potomac River to their headwaters, unless otherwise designated in this chapter.

9a

III

PWS

All the impounded water of Goose Creek from the City of Fairfax's water supply dam upstream to backwater, and its tributaries above the dam to points 5 miles above the dam.

9b

III

PWS

The Town of Round Hill's (inactive-early 1980's) 1980s) raw water intake at the Round Hill Reservoir, and including the two spring impoundments located northwest of the town on the eastern slope of the Blue Ridge Mountains.

9c

III

PWS

Unnamed tributary to Goose Creek, from Camp Highroad's (inactive-late 1980's) 1980s) raw water intake (Loudoun County) located in an old quarry to its headwaters.

9d

III

PWS

Sleeter Lake (Loudoun County).

10

III

 

Tributaries of the Potomac River from the Monacacy River to the West Virginia-Virginia state line in Loudoun County, from their confluence with the Potomac River upstream to their headwaters, unless otherwise designated in this chapter.

10a

III

PWS

North Fork Catoctin Creek and its tributaries from Purcellville's raw water intake to their headwaters.

10b

III

 

South Fork Catoctin Creek and its tributaries from its confluence with the North Fork Catoctin Creek to its headwaters.

11

IV

pH-6.5-9.5

Tributaries of the Potomac River in Frederick and Clarke Counties, Virginia, unless otherwise designated in this chapter.

 

V

 

 Stockable Trout Waters in Section 11

 

***

pH-6.5-9.5

Back Creek (upper) from Rock Enon 4 miles upstream.

 

***

pH-6.5-9.5

Back Creek (lower) from Route 600 to the mouth of Hogue Creek - 2 miles.

 

***

hh

Hogue Creek from Route 679 upstream 6 miles to the Forks below Route 612.

 

vi

pH-6.5-9.5 

Opequon Creek (in Frederick County) from its confluence with Hoge Run upstream to the point at which Route 620 first crosses the stream.

 

vi

pH-6.5-9.6

Turkey Run (Frederick County) from its confluence with Opequon Creek 3.6 miles upstream.

 

VI

 

Natural Trout Waters in Section 11

 

ii

pH-6.5-9.5

Bear Garden Run from its confluence with Sleepy Creek 3.1 miles upstream.

 

iii

pH-6.5-9.5

Redbud Run from its confluence with Opequon Creek 4.4 miles upstream.

11a

IV

pH-6.5-9.5

Hot Run and its tributaries from its confluence with Opequon Creek to its headwaters.

 

V

 

Stockable Trout Waters in Section 11a

 

vi

pH-6.5-9.5

Clearbrook Run from its confluence with Hot Run 2.1 miles upstream.

12

IV

ESW-6

South Branch Potomac River and its tributaries, such as Strait Creek, and the North Fork River and its tributaries from the Virginia-West Virginia state line to their headwaters.

 

V

 

Stockable Trout Waters in Section 12

 

vi

 

Frank Run from its confluence with the South Branch Potomac River 0.8 mile upstream.

 

vii

pH-6.5-9.5

South Branch Potomac River (in Highland County) from 69.2 miles above its confluence with the Potomac River 4.9 miles upstream.

 

VI

 

Natural Trout Waters in Section 12

 

ii

 

Blights Run from its confluence with Laurel Fork (Highland County) upstream including all named and unnamed tributaries.

 

ii

 

Buck Run (Highland County) from its confluence with Laurel Fork upstream including all named and unnamed tributaries.

 

ii

 

Collins Run from its confluence with Laurel Fork upstream including all named and unnamed tributaries.

 

ii

 

Laurel Fork (Highland County) from 1.9 miles above its confluence with the North Fork South Branch Potomac River upstream including all named and unnamed tributaries.

 

iii

pH-6.5-9.5

Laurel Run (Highland County) from its confluence with Strait Creek upstream including all named and unnamed tributaries.

 

ii

 

Locust Spring Run from its confluence with Laurel Fork upstream including all named and unnamed tributaries.

 

ii

 

Lost Run from its confluence with Laurel Fork upstream including all named and unnamed tributaries.

 

ii

 

Mullenax Run from its confluence with Laurel Fork upstream including all named and unnamed tributaries.

 

ii

 

Newman Run from its confluence with Laurel Fork upstream including all named and unnamed tributaries.

 

ii

 

Slabcamp Run from its confluence with Laurel Fork upstream including all named and unnamed tributaries.

 

iii

pH-6.5-9.5

Strait Creek (Highland County) from its confluence with the South Branch Potomac River upstream to the confluence of West Strait Creek.

9VAC25-260-400. Potomac River Basin (Shenandoah River Subbasin).

Shenandoah River Subbasin

SEC.

CLASS

SP. STDS.

SECTION DESCRIPTION

1

IV

pH-6.5-9.5

Shenandoah River and its tributaries in Clarke County, Virginia, from the Virginia-West Virginia state line to Lockes Landing, unless otherwise designated in this chapter.

1a

IV

PWS pH-6.5-9.5

Shenandoah River and its tributaries from river mile 24.66 (latitude 39°16'19"; longitude 77°54'33") approximately 0.7 mile downstream of the confluence of the Shenandoah River and Dog Run to 5 miles above Berryville's raw water intake, unless otherwise designated in this chapter.

 

V

 

Stockable Trout Waters in Section 1a

 

vi

pH-6.5-9.5

Chapel Run (Clarke County) from its confluence with the Shenandoah River 5.7 miles upstream.

 

vi

pH-6.5-9.5

Spout Run (Clarke County) from its confluence with the Shenandoah River (in the vicinity of the Ebenezer Church at Route 604) to its headwaters.

1b

 

 

(Deleted)

1c

IV

pH-6.5-9.5

Shenandoah River and its tributaries from a point 5 miles above Berryville's raw water intake to the confluence of the North and South Forks of the Shenandoah River.

 

VI

 

Natural Trout Waters in Section 1c

 

iii

pH-6.5-9.5

Page Brook from its confluence with Spout Run, 1 mile upstream.

 

***

pH-6.5-9.5

Roseville Run (Clarke County) from its confluence with Spout Run upstream including all named and unnamed tributaries.

 

iii

pH-6.5-9.5

Spout Run (Clarke County) from its confluence with the Shenandoah River (in the vicinity of Calmes Neck at Rts Routes 651 and 621), 3.9 miles upstream.

 

***

pH-6.5-9.5

Westbrook Run (Clarke County) from its confluence with Spout Run upstream including all named and unnamed tributaries.

1d

 

 

(Note: Moved to section Section 2b).

2

IV

EWS-12.14.15 ESW-12,14,15

South Fork Shenandoah River from its confluence with the North Fork Shenandoah River, upstream to a point 5 miles above the Town of Shenandoah's raw water intake and its tributaries to their headwaters in this section, unless otherwise designated in this chapter.

 

V

 

Stockable Trout Waters in Section 2

 

vii

pH-6.5-9.5

Bear Lithia Spring from its confluence with the South Fork Shenandoah River 0.8 miles upstream.

 

vi

pH-6.5-9.5

Flint Run from its confluence with the South Fork Shenandoah River 4 miles upstream.

 

***

pH-6.5-9.5

Gooney Run from the mouth to its confluence with Broad Run above Browntown (in the vicinity of Route 632).

 

***

pH-6.5-9.5, hh

Hawksbill Creek from Route 675 in Luray to 1 mile above Route 631.

 

VI

 

Natural Trout Waters in Section 2

 

ii

pH-6.5-9.5

Big Creek (Page County) from its confluence with the East Branch Naked Creek upstream including all named and unnamed tributaries.

 

ii

pH-6.5-9.5

Big Ugly Run from its confluence with the South Branch Naked Creek upstream including all named and unnamed tributaries.

 

ii

 

Boone Run from 4.6 miles above its confluence with the South Fork Shenandoah River (in the vicinity) vicinity of Route 637) upstream including all named and unnamed tributaries.

 

iii

pH-6.5-9.5

Browns Run from its confluence with Big Run upstream including all named and unnamed tributaries.

 

ii

 

Cub Run (Page County) from Pitt Spring Run upstream including all named and unnamed tributaries.

 

***

pH-6.5-9.5

Cub Run from its mouth to Pitt Spring Run.

 

i

pH-6.5-9.5

East Branch Naked Creek from its confluence with Naked Creek at Route 759 upstream including all named and unnamed tributaries.

 

ii

pH-6.5-9.5

Fultz Run from the Park boundary (river mile 1.8) upstream including all named and unnamed tributaries.

 

ii

pH-6.5-9.5

Gooney Run (in (Warren County) from 6.6 miles above its confluence with the South Fork Shenandoah River 3.9 miles upstream.

 

ii

pH-6.5-9.5

Hawksbill Creek in the vicinity of Pine Grove at Route 624 (river mile 17.7) 1.5 miles upstream.

 

ii

pH-6.5-9.5

Jeremys Run from the Shenandoah National Park boundary upstream including all named and unnamed tributaries.

 

ii

pH-6.5-9.5

Lands Run from its confluence with Gooney Run upstream including all named and unnamed tributaries.

 

ii

pH-6.5-9.5

Little Creek (Page County) from its confluence with Big Creek upstream including all named and unnamed tributaries.

 

i

pH-6.5-9.5

Little Hawksbill Creek from Route 626 upstream including all named and unnamed tributaries.

 

ii

 

Morgan Run (Page County) from its confluence with Cub Run upstream including all named and unnamed tributaries.

 

ii

pH-6.5-9.5

Overall Run from its confluence with the South Fork Shenandoah River 4.8 miles upstream including all named and unnamed tributaries.

 

ii

pH-6.5-9.5

Pass Run (Page County) from its confluence with Hawksbill Creek upstream including all named and unnamed tributaries.

 

ii

 

Pitt Spring Run from its confluence with Cub Run upstream including all named and unnamed tributaries.

 

ii

 

Roaring Run from its confluence with Cub Run upstream including all named and unnamed tributaries.

 

ii

pH-6.5-9.5

South Branch Naked Creek from 1.7 miles above its confluence with Naked Creek (in the vicinity of Route 607) upstream including all named and unnamed tributaries.

 

iv

pH-6.5-9.5

Stony Run (Page County) from 1.6 miles above its confluence with Naked Creek upstream including all named and unnamed tributaries.

 

ii

pH-6.5-9.5

West Branch Naked Creek from 2.1 miles above its confluence with Naked Creek upstream including all named and unnamed tributaries.

2a

IV

PWS, pH-6.5-9.5

Happy Creek and Sloan Creek from Front Royal's raw water intake to its headwaters.

2b

IV

PWS

The South Fork Shenandoah River and its tributaries from the Town of Front Royal's raw water intake (at the State Route 619 bridge at Front Royal) to points 5 miles upstream.

2c

 

 

(Deleted)

2d

 

 

(Deleted)

 

V

 

Stockable Trout Waters in Section 2d

 

VI

 

Natural Trout Waters in Section 2d

3

IV

pH-6.5-9.5, ESW-16

South Fork Shenandoah River from 5 miles above the Town of Shenandoah's raw water intake to its confluence with the North and South Rivers and its tributaries to their headwaters in this section, and the South River and its tributaries from its confluence with the South Fork Shenandoah River to their headwaters, unless otherwise designated in this chapter.

 

V

 

Stockable Trout Waters in Section 3

 

vi

pH-6.5-9.5

Hawksbill Creek (Rockingham County) from 0.8 mile above its confluence with the South Fork Shenandoah River 6.6 miles upstream.

 

vi

pH-6.5-9.5

Mills Creek (Augusta County) from 1.8 miles above its confluence with Back Creek 2 miles upstream.

 

vi

pH-6.5-9.5

North Fork Back Creek (Augusta County) from its confluence with Back Creek 2.6 miles upstream, unless otherwise designated in this chapter.

 

VI

 

Natural Trout Waters in Section 3

 

i

pH-6.5-9.5

Bearwallow Run from its confluence with Onemile Run upstream including all named and unnamed tributaries.

 

ii

pH-6.5-9.5

Big Run (Rockingham County) from 3.3 miles above its confluence with the South Fork Shenandoah River upstream including all named and unnamed tributaries.

 

iii

pH-6.5-9.5

Cold Spring Branch (Augusta County) from Sengers Mountain Lake (Rhema Lake) upstream including all named and unnamed tributaries.

 

iv

pH-6.5-9.5

Cool Springs Hollow (Augusta County) from Route 612 upstream including all named and unnamed tributaries.

 

ii

pH-6.5-9.5

Deep Run (Rockingham County) from 1.8 miles above its confluence with the South Fork Shenandoah River upstream including all named and unnamed tributaries.

 

ii

pH-6.5-9.5

East Fork Back Creek from its confluence with the South Fork Back Creek upstream including all named and unnamed tributaries.

 

ii

pH-6.5-9.5

Gap Run from 1.7 miles above its confluence with the South Fork Shenandoah River upstream including all named and unnamed tributaries.

 

iii

 

Inch Branch (Augusta County) from the dam upstream including all named and unnamed tributaries.

 

ii

 

Johns Run (Augusta County) from its confluence with the South River upstream including all named and unnamed tributaries.

 

iv

 

Jones Hollow (Augusta County) from 1.1 miles above its confluence with the South River upstream including all named and unnamed tributaries.

 

ii

 

Kennedy Creek from its confluence with the South River upstream including all named and unnamed tributaries.

 

iv

pH-6.5-9.5

Lee Run from 0.6 mile above its confluence with Elk Run 3.3 miles upstream.

 

iii

pH-6.5-9.5

Loves Run (Augusta County) from 2.7 miles above its confluence with the South River upstream including all named and unnamed tributaries.

 

ii

pH-6.5-9.5

Lower Lewis Run (Rockingham County) from 1.7 miles above its confluence with the South Fork Shenandoah River upstream including all named and unnamed tributaries.

 

ii

pH-6.5-9.5

Madison Run (Rockingham County) from 2.9 miles above its confluence with the South Fork Shenandoah River upstream including all named and unnamed tributaries.

 

ii

pH-6.5-9.5

Meadow Run (Augusta County) from its confluence with the South River upstream including all named and unnamed tributaries.

 

ii

pH-6.5-9.5

North Fork Back Creek (Augusta County) from river mile 2.6 (in the vicinity of its confluence with Williams Creek) upstream including all named and unnamed tributaries.

 

i

pH-6.5-9.5

Onemile Run (Rockingham County) from 1.5 miles above its confluence with the South Fork Shenandoah River upstream including all named and unnamed tributaries.

 

iv

 

Orebank Creek from its confluence with Back Creek upstream including all named and unnamed tributaries.

 

ii

pH-6.5-9.5

Paine Run (Augusta County) from 1.7 miles above its confluence with the South River upstream including all named and unnamed tributaries.

 

ii

 

Robinson Hollow (Augusta County) from the dam upstream including all named and unnamed tributaries.

 

ii

pH-6.5-9.5

Rocky Mountain Run from its confluence with Big Run upstream including all named and unnamed tributaries.

 

iv

pH-6.5-9.5

Sawmill Run from 2.5 miles above its confluence with the South River upstream including all named and unnamed tributaries.

 

ii

pH-6.5-9.5

South Fork Back Creek from its confluence with Back Creek at Route 814 (river mile 2.1) upstream including all named and unnamed tributaries.

 

ii

pH-6.5-9.5

Stony Run (Augusta County) from 3.5 miles above its confluence with the South River upstream including all named and unnamed tributaries.

 

iii

pH-6.5-9.5

Stony Run (Rockingham County) from 4.1 miles above its confluence with the South Fork Shenandoah River upstream including all named and unnamed tributaries.

 

iii

 

Toms Branch (Augusta County) from 1.1 miles above its confluence with Back Creek upstream including all named and unnamed tributaries.

 

i

pH-6.5-9.5

Twomile Run from 1.4 miles above its confluence with the South Fork Shenandoah River upstream including all named and unnamed tributaries.

 

iv

pH-6.5-9.5

Upper Lewis Run from 0.5 mile above its confluence with Lower Lewis Run upstream including all named and unnamed tributaries.

 

iv

pH-6.5-9.5

West Swift Run (Rockingham County) from the Route 33 crossing upstream including all named and unnamed tributaries.

 

ii

pH-6.5-9.5

Whiteoak Run from its confluence with Madison Run upstream including all named and unnamed tributaries.

3a

IV

pH-6.5-9.5

South River from the dam above Waynesboro (all waters of the impoundment).

3b

IV

PWS

Coles Run and Mills Creek from South River Sanitary District's raw water intake to their headwaters.

 

VI

PWS

Natural Trout Waters in Section 3b

 

ii

 

Coles Run (Augusta County) from 3.9 miles above its confluence with the South River Sanitary District's raw water intake (Coles Run Dam) upstream including all named and unnamed tributaries.

 

ii

 

Mills Creek (Augusta County) from the South River Sanitary District's raw water intake (river mile 3.8) upstream including all named and unnamed tributaries.

3c

IV

PWS pH-6.5-9.5

A tributary to Coles Run from Stuarts Draft raw water intake approximately one-half 0.5 mile south of Stuarts Draft and just off Route 610, to its headwaters.

4

IV

pH-6.5-9.5

Middle River and its tributaries from the confluence with the North River upstream to its headwaters, unless otherwise designated in this chapter.

 

V

 

Stockable Trout Waters in Section 4

 

v

pH-6.5-9.5

Barterbrook Branch from its confluence with Christians Creek 2.8 miles upstream.

 

***

pH-6.5-9.5

East Dry Branch from its confluence with the Buffalo Branch to its confluence with Mountain Run.

 

vi

pH-6.5-9.5

Folly Mills Creek from 2.4 miles above its confluence with Christians Creek (in the vicinity of Route 81) 4.5 miles upstream.

 

VI

 

Natural Trout Waters in Section 4

 

iv

 

Buffalo Branch from Route 703 upstream including all named and unnamed tributaries.

 

ii

 

Cabin Mill Run (Augusta County) from the Camp Shenandoah Boy Scout Lake upstream including all named and unnamed tributaries.

 

iv

 

East Dry Branch (Augusta County) from the confluence of Mountain Run upstream including all named and unnamed tributaries.

 

iv

 

Jennings Branch (Augusta County) from the confluence of White Oak Draft upstream including all named and unnamed tributaries.

4a

IV

PWS pH-6.5-9.5

Middle River and its tributaries from Staunton's raw water intake at Gardner Spring to points 5 miles upstream.

5

IV

pH-6.5-9.5

North River and its tributaries from its confluence with the South River upstream to its headwaters, unless otherwise designated in this chapter.

 

V

 

Stockable Trout Waters in Section 5

 

v

pH-6.5-9.5 

Beaver Creek (Rockingham County) from its confluence with Briery Branch to the spring at a point 2.75 miles upstream.

 

v

pH-6.5-9.5

Naked Creek (Augusta County) from 3.7 miles above its confluence with the North River at Route 696, 2 miles upstream.

 

VI

 

Natural Trout Waters in Section 5

 

iv

 

Big Run (Augusta County) from 0.9 mile above its confluence with Little River upstream including all named and unnamed tributaries.

 

ii

 

Black Run (Rockingham County) from its mouth upstream including all named and unnamed tributaries.

 

iii

 

Briery Branch (Rockingham County) from river mile 6.9 upstream including all named and unnamed tributaries.

 

iv

 

Gum Run from its mouth upstream including all named and unnamed tributaries.

 

iii

 

Hone Quarry Run from its confluence with Briery Branch upstream including all named and unnamed tributaries.

 

iv

 

Little River from its confluence with the North River at Route 718 upstream including all named and unnamed tributaries.

 

iv

 

Maple Spring Run from its mouth upstream including all named and unnamed tributaries.

 

iv

 

Mines Run from its confluence with Briery Branch upstream including all named and unnamed tributaries.

 

iv

 

Rocky Run (which is tributary to Briery Branch in Rockingham County) from its mouth upstream including all named and unnamed tributaries.

 

iii

 

Rocky Run (which is tributary to Dry River in Rockingham County) from its mouth upstream including all named and unnamed tributaries.

 

ii

 

Union Springs Run from 3 miles above its confluence with Beaver Creek upstream including all named and unnamed tributaries.

 

iv

 

Wolf Run (Augusta County) from its confluence with Briery Branch upstream including all named and unnamed tributaries.

5a

IV

PWS pH-6.5-9.5

Silver Lake

5b

IV

PWS pH-6.5-9.5

North River and its tributaries from Harrisonburg's raw water intake at Bridgewater to points 5 miles above Bridgewater's raw water intake to include Dry River and Muddy Creek.

 

V

PWS

Stockable Trout Waters in Section 5b

 

v

pH-6.5-9.5

Mossy Creek from its confluence with the North River 7.1 miles upstream.

 

v

pH-6.5-9.5

Spring Creek (Rockingham County) from its confluence with the North River 2 miles upstream.

5c

IV

PWS

Dry River in (Rockingham County) from Harrisonburg's raw water intake (approximately 11.7 miles above its confluence with the North River) to a point 5 miles upstream, unless otherwise designated in this chapter.

 

V

PWS

Stockable Trout Waters in Section 5c

 

viii

 

Raccoon Run (Rockingham County) from its confluence with Dry River to its headwaters.

 

VI

PWS

Natural Trout Waters in Section 5c

 

iv

 

Dry River (Rockingham County) from Harrisonburg's raw water intake (approximately 11.7 miles above its confluence with the North River) to a point 5 miles upstream.

 

iv

 

Dry Run (Rockingham County) from its confluence with Dry River upstream including all named and unnamed tributaries.

 

iv

 

Hopkins Hollow from its confluence with Peach Run upstream including all named and unnamed tributaries.

 

iv

 

Kephart Run from its confluence with Dry River upstream including all named and unnamed tributaries.

5d

VI

 

Dry River and its tributaries from 5 miles above Harrisonburg's raw water intake to its headwaters.

 

VI

 

Natural Trout Waters in Section 5d

 

iv

 

Dry River (Rockingham County) from 5 miles above Harrisonburg's raw water intake upstream including all named and unnamed tributaries.

 

ii

 

Laurel Run (Rockingham County) from its confluence with Dry River upstream including all named and unnamed tributaries.

 

ii

 

Little Laurel Run from its confluence with Dry River upstream including all named and unnamed tributaries.

 

ii

 

Low Place Run from its confluence with Dry River upstream including all named and unnamed tributaries.

 

iv

 

Miller Spring Run from its confluence with Dry River upstream including all named and unnamed tributaries.

 

iii

 

Sand Run from its confluence with Dry River upstream including all named and unnamed tributaries.

 

iv

 

Skidmore Fork from its confluence with Dry River upstream including all named and unnamed tributaries.

5e

VI

PWS

North River and its tributaries from Staunton Dam to their headwaters.

 

VI

 

Natural Trout Waters in Section 5e

 

iv

 

North River from Elkhorn Dam upstream including all named and unnamed tributaries.

6

IV

pH-6.5-9.5

North Fork Shenandoah River from its confluence with the Shenandoah River to its headwaters, unless otherwise designated in this chapter.

 

V

 

Stockable Trout Waters in Section 6

 

vi

pH-6.5-9.5

Bear Run from its confluence with Foltz Creek to its headwaters.

 

vi

pH-6.5-9.5

Bull Run (Shenandoah County) from its confluence with Foltz Creek to its headwaters.

 

vi

pH-6.5-9.5

Falls Run from its confluence with Stony Creek to its headwaters.

 

vi

pH-6.5-9.5

Foltz Creek from its confluence with Stony Creek to its headwaters.

 

vi

pH-6.5-9.5

Little Passage Creek from its confluence with Passage Creek to the Strasburg Reservoir Dam.

 

***

pH-6.5-9.5, hh

Mill Creek from Mount Jackson to Route 720 - 3.5 miles.

 

vi

pH-6.5-9.5

Mountain Run from its mouth at Passage Creek to its headwaters.

 

***

pH-6.5-9.5

Passage Creek from the U.S. Forest Service line (in the vicinity of Blue Hole and Buzzard Rock) 4 miles upstream.

 

vi

pH-6.5-9.5

Passage Creek from 29.6 miles above its confluence with the North Fork Shenandoah River to its headwaters.

 

vi

pH-6.5-9.5

Peters Mill Run from the mouth to its headwaters.

 

***

pH-6.5-9.5

Shoemaker River from 612 at Hebron Church to its junction with Route 817 at the Shoemaker's its confluence with Slate Lick Branch.

 

 v

pH-6.5-9.5

Stony Creek from its confluence with the North Fork Shenandoah River to Route 682.

 

*** 

<>

pH-6.5-9.5

Stony Creek from Route 682 above Edinburg upstream to Basye.

 

VI

 

Natural Trout Waters in Section 6

 

ii

pH-6.5-9.5

Anderson Run (Shenandoah County) from 1.1 miles above its confluence with Stony Creek upstream including all named and unnamed tributaries.

 

iv

 

Beech Lick Run from its confluence with the German River upstream including all named and unnamed tributaries.

 

iii

 

Bible Run from its confluence with Little Dry River upstream including all named and unnamed tributaries.

 

ii

 

Camp Rader Run from its confluence with the German River upstream including all named and unnamed tributaries.

 

iv

 

Carr Run from its confluence with Little Dry River upstream including all named and unnamed tributaries.

 

iv

 

Clay Lick Hollow from its confluence with Carr Run upstream including all named and unnamed tributaries.

 

iv

 

Gate Run from its confluence with Little Dry River upstream including all named and unnamed tributaries.

 

iv

 

German River (Rockingham County) from its confluence with the North Fork Shenandoah River (at Route 820) upstream including all named and unnamed tributaries.

 

ii

 

Laurel Run (Shenandoah County) from its confluence with Stony Creek upstream including all named and unnamed tributaries.

 

ii

 

Little Stony Creek from its confluence with Stony Creek upstream including all named and unnamed tributaries.

 

iv

 

Marshall Run (Rockingham County) from 1.2 miles above its confluence with the North Fork Shenandoah River upstream including all named and unnamed tributaries.

 

iii

pH-6.5-9.5

Mine Run (Shenandoah County) from its confluence with Passage Creek upstream including all named and unnamed tributaries.

 

ii

pH-6.5-9.5

Poplar Run (Shenandoah County) from its confluence with Little Stony Creek upstream including all named and unnamed tributaries.

 

iv

pH-6.5-9.5

Rattlesnake Run (Rockingham County) from its confluence with Spruce Run upstream including all named and unnamed tributaries.

 

iv

 

Root Run from its confluence with Marshall Run upstream including all named and unnamed tributaries.

 

iv

 

Seventy Buck Lick Run from its confluence with Carr Run upstream including all named and unnamed tributaries.

 

iv

 

Sirks Run (Spring Run) from 1.3 miles above its confluence with Crab Run upstream including all named and unnamed tributaries.

 

iv

pH-6.5-9.5

Spruce Run (Rockingham County) from its confluence with Capon Run upstream including all named and unnamed tributaries.

 

iv

pH-6.5-9.5

Sumac Run from its confluence with the German River upstream including all named and unnamed tributaries.

6a

IV

PWS pH-6.5-9.5

Little Passage Creek from the Strasburg Reservoir Dam upstream to its headwaters, unless otherwise designated in this chapter.

 

V

PWS

Stockable Trout Waters in Section 6a

 

vi

pH-6.5-9.5

Little Passage Creek from the Strasburg Reservoir Dam upstream to its headwaters.

6b

IV

PWS pH-6.5-9.5

North Fork Shenandoah River and its tributaries from the Winchester raw water intake to points 5 miles upstream (to include Cedar Creek and its tributaries to their headwaters).

 

V

PWS

Stockable Trout Waters in Section 6b

 

***

pH-6.5-9.5

Cedar Creek (Shenandoah County) from Route 55 (river mile 23.56) to the U.S. Forest Service Boundary (river mile 32.0) - approximately 7 miles.

 

v

PWS pH-6.5-9.5

Meadow Brook (Frederick County) from its confluence with Cedar Creek 5 miles upstream.

 

VI

PWS

Natural Trout Waters in Section 6b

 

iii

pH-6.5-9.5

Cedar Creek (Shenandoah County) from the U.S. Forest Service boundary (river mile 32.0) near Route 600 upstream including all named and unnamed tributaries.

 

ii

pH-6.5-9.5

Duck Run from its confluence with Cedar Creek upstream including all named and unnamed tributaries.

 

 

 

Paddy Run (Frederick County) from the mouth upstream including all named and unnamed tributaries.

 

***

 

(Paddy Run (Frederick County) from its mouth (0.0) to river mile 1.8.)

 

vi**

 

(Paddy Run (Frederick County) from river mile 1.8 to river mile 8.1 - 6.3 miles.)

 

iii

pH-6.5-9.5

Sulphur Springs Gap (Shenandoah County) from its confluence with Cedar Creek 1.9 miles upstream.

6c

IV

PWS pH-6.5-9.5

North Fork Shenandoah River and its tributaries from Strasburg's raw water intake to points 5 miles upstream.

6d

IV

PWS pH-6.5-9.5

North Fork Shenandoah River and its tributaries from Woodstock's raw water intake (approximately 1/4 0.25 mile upstream of State Route 609 bridge near Woodstock) to points 5 miles upstream.

6e

IV

PWS pH-6.5-9.5

Smith Creek and its tributaries from New Market's raw water intake to their headwaters.

 

 

 

Natural Trout Waters in Section 6e

 

iv

pH-6.5-9.5

Mountain Run (Fridley Branch, Rockingham County) from Route 722 upstream including all named and unnamed tributaries.

6f

IV

PWS pH-6.5-9.5

North Fork Shenandoah River and its tributaries from the Food Processors Water Coop, Inc. dam at Timberville and the Town of Broadway's intakes on Linville Creek and the North Fork Shenandoah to points 5 miles upstream.

6g

IV

 

Shoemaker River and its tributaries from Slate Lick Run, and including Slate Lick Run, to its headwaters.

 

V

 

Stockable Trout Waters in Section 6g

 

***

 

Slate Lick Run from its confluence with the Shoemaker River upstream to the 1500 foot elevation.

 

VI

 

Natural Trout Waters in Section 6g

 

iv

 

Long Run (Rockingham County) from its confluence with the Shoemaker River upstream including all named and unnamed tributaries.

 

iv

 

Slate Lick Run from the 1500 foot elevation upstream including all named and unnamed tributaries.

6h

IV

PWS pH-6.5-9.5

Unnamed tributary of North Fork Shenandoah River (on the western slope of Short Mountain opposite Mt. Jackson) from the Town of Mt. Jackson's (inactive mid-1992) raw water intake (north and east dams) to its headwaters.

6i

IV

PWS pH-6.5-9.5

Little Sulfur Creek, Dan's Hollow and Horns Gully (tributaries of the North Fork Shenandoah River on the western slope of Short Mountain opposite Mt. Jackson) which served as a water supply for the Town of Edinburg until March 31, 1992, from the Edinburg intakes upstream to their headwaters.

9VAC25-260-410. James River Basin (Lower).

SEC.

CLASS

SP. STDS.

SECTION DESCRIPTION


1

II

a,z, bb, ESW-11

James River and its tidal tributaries from Old Point Comfort ‑ Fort Wool to the end of tidal waters (fall line, Mayo's Bridge, 14th Street, Richmond), except prohibited or spoil areas, unless otherwise designated in this chapter.

1a

III

 

Free flowing or nontidal portions of streams in Section 1, unless otherwise designated in this chapter.

 

VII

 

Swamp waters in Section 1a

 

 

 

Gunns Run and its tributaries from the head of tide at river mile 2.64 to its headwaters.

1b

II

a,z

Eastern and Western Branches of the Elizabeth River and tidal portions of their tributaries from their confluence with the Elizabeth River to the end of tidal waters.

1c

III

 

Free flowing portions of the Eastern Branch of the Elizabeth River and its tributaries. Includes Salem Canal up to its intersection with Timberlake Road at N36°48'35.67"/W76°08'31.70".

1d

II

a,z

Southern Branch of the Elizabeth River from its confluence with the Elizabeth River to the lock at Great Bridge.

1e

III

 

Free flowing portions of the Western Branch of the Elizabeth River and of the Southern Branch of the Elizabeth River from their confluence with the Elizabeth River to the lock at Great Bridge.

1f

II

a

Nansemond River and its tributaries from its confluence with the James River to Suffolk (dam at Lake Meade), unless otherwise designated in this chapter.

1g

III

 

Shingle Creek from its confluence with the Nansemond River to its headwaters in the Dismal Swamp.

VII

Swamp waters in Section 1g

Shingle Creek and its tributaries from the head of tide (approximately 500 feet downstream of Route 13/337) to their headwaters.

1h

III

PWS

Lake Prince, Lake Burnt Mills and Western Branch impoundments for Norfolk raw water supply and Lake Kilby ‑ Cahoon Pond, Lake Meade and Lake Speight impoundments for Portsmouth raw water supply and including all tributaries to these impoundments.

 

VII

 

Swamp waters in Section 1h

 

 

 

Eley Swamp and its tributaries from Route 736 upstream to their headwaters.

1i

III

 

Free flowing portions of the Pagan River and its free flowing tributaries.

1j

 

 

(Deleted)

1k

III

PWS

Skiffes Creek Reservoir (Newport News water impoundment).

1l

III

PWS

The Lone Star lakes and impoundments in the City of Suffolk, Chuckatuck Creek watershed which serve as a water source for the City of Suffolk.

1m

III

PWS

The Lee Hall Reservoir system, near Skiffes Creek and the Warwick River, in the City of Newport News.

1n

III

PWS

Chuckatuck Creek and its tributaries from Suffolk's raw water intake (at Godwin's Millpond) to a point 5 miles upstream.

1o

II

PWS, bb

James River from City Point (Hopewell) to a point 5 miles above American Tobacco Company's raw water intake upstream.

1p

III

PWS,

Free flowing tributaries to section 1o.

2

III

 

Free flowing tributaries of the James River from Buoy 64 to Brandon and free flowing tributaries of the Chickahominy River to Walkers Dam, unless otherwise designated in this chapter.

 

VII

 

Swamp waters in Section 2

 

 

 

Morris Creek and its tributaries from the head of tide at river mile 5.97 upstream to its headwaters.

2a

III

PWS

Diascund Creek and its tributaries from Newport News' News's raw water intake dam to its headwaters.

2b

III

PWS

Little Creek Reservoir and its tributaries from the City of Newport News impoundment dam to 5 miles upstream of the raw water intake.

3

III

m

Chickahominy River and its tributaries from Walkers Dam to Bottoms Bridge (Route 60 bridge), unless otherwise designated in this chapter.

 

VII

 

Swamp waters in Section 3

 

 

 m

Chickahominy River from its confluence with Toe Ink Swamp at river mile river mile 43.07 upstream to Bottoms Bridge (Route 60).

m

Rumley Marsh and tributaries from the confluence of an unnamed tributary at river mile 2.61, upstream to the confluence with Beus Swamp. Beus Swamp, Piney Branch, and Pelham Swamp above the confluence of Beus Swamp are excluded.

 

 

m

White Oak Swamp and its tributaries from its confluence with the Chickahominy River to their headwaters.

3a

III

PWS,m

Chickahominy River and its tributaries from Walkers Dam to points 5 miles upstream.

4

III

m

Chickahominy River and its tributaries, unless otherwise designated in this chapter, from Bottoms Bridge (Route 60 bridge) to its headwaters.

 

VII

 

Swamp waters in Section 4

 

 

m

Chickahominy River from Bottoms Bridge (Route 60) upstream to its confluence with Stony Run at rivermile 71.03.

m

Stony Run and tributaries from the confluence with Chickahominy River to their headwaters.

  4a

III

 

Free flowing tributaries to the James River from Brandon to the fall line at Richmond, unless otherwise designated in this chapter.

 

VII

 

Swamp waters in Section 4a

 

 

 

Fourmile Creek and its tributaries to their headwaters.

9VAC25-260-415. James River Basin (Lower) (Appomattox River Subbasin).

SEC.

CLASS

SP. STDS.

SECTION DESCRIPTION

5

II

 

Appomattox River and its tidal tributaries from its confluence with the James River to the end of tidal waters.

5a

II

PWS

Appomattox River and its tidal tributaries from its mouth to 5 miles upstream of the Virginia-American Water Company's raw water intake.

5b

III

PWS

Free flowing tributaries to section Section5a.

5c

III

 

Appomattox River from the head of tidal waters, and free flowing tributaries to the Appomattox River, to their headwaters, unless otherwise designated in this chapter.

 

VII

 

Swamp waters in Section 5c

 

 

 

Skinquarter Creek from its confluence with the Appomattox River upstream to river mile 5.27.

 

 

 

Deep Creek from the confluence with Winningham Creek downstream to the confluence of Little Creek, a distance of.54 of 5.4 river miles.

Winticomack Creek from its confluence with the Appomattox River to its headwaters including unnamed tributaries at river miles 1.92,3.15, 8.77, and 11.16.

5d

III

 

Swift Creek and its tributaries from the dam at Pocahontas State Park upstream to Chesterfield County's raw water impoundment dam.

5e

III

PWS

Swift Creek and its tributaries from Chesterfield County's raw water impoundment dam to points 5 miles upstream.

5f

III

PWS

Appomattox River and its tributaries from Appomattox River Water Authority's raw water intake located at the dam at Lake Chesdin to the headwaters of the lake.

 

VII

 

Swamp waters in Section 5f

 

 

 

Winticomack Creek from its confluence with the Appomattox River to its headwaters including unnamed tributaries at river miles 1.92, 3.15, 8.77, and 11.16.

 

 

 

Winterpock Creek and its tributaries (excluding Surline Branch) from its confluence with Lake Chesdin upstream to river mile 8.47.

5g

III

PWS

The Appomattox River and its tributaries from Farmville's raw water intake (approximately 2.5 miles above the Route 15/45 bridge) to points 5 miles upstream.

9VAC25-260-440. Rappahannock River Basin.

SEC.

CLASS

SP. STDS.

SECTION DESCRIPTION

1

II

a

Rappahannock River and the tidal portions of its tributaries from Stingray and Windmill Points to Route 1 Alternate Bridge at Fredericksburg.

1a

II

 

Hoskins Creek from the confluence with the Rappahannock River to its tidal headwaters.

2

III

 

Free flowing tributaries of the Rappahannock from Stingray and Windmill Points upstream to Blandfield Point, unless otherwise designated in this chapter.

 

VII

 

Swamp waters in Section 2

 

 

 

Cat Point Creek and its tributaries, from their headwaters to the head of tide at river mile 10.54.

 

 

 

Hoskins Creek and its nontidal tributaries from the head of tidal waters to their headwaters.

Mason Mill Swamp and its tributaries from the head of tidal waters to their headwaters. ]

Mount Landing Creek and its tributaries from the end of tidal waters at river mile 4.4 to their headwaters.

 

 

 

Piscataway Creek and its tributaries from the confluence of Sturgeon Swamp to their headwaters.

3

III

 

The Rappahannock River from the Route 1 Alternate Bridge at Fredericksburg upstream to the low dam water intake at Waterloo (Fauquier County).

3a

III

PWS

The Rappahannock River and its tributaries from Spotsylvania County's raw water intake near Golin Run to points 5 miles upstream (excluding Motts Run and tributaries, which is in section Section 4c).

3b

III

PWS

The Rappahannock River and its tributaries from the low dam water intake at Waterloo, (Fauquier County,) to points 5 miles upstream.

4

III

ESW 17,18

Free flowing tributaries of the Rappahannock from Blandfield Point to its headwaters, unless otherwise designated in this chapter.

 

VII

 

Swamp waters in Section 4

Goldenvale Creek from the head of tidal waters near the confluence with the Rappahannock River to its headwaters.

 

 

 

Occupacia Creek and its tributaries from the end of tidal waters at river mile 8.89 on Occupacia Creek to their headwaters.

 

V

 

Stockable Trout Waters in Section 4

 

***

 

Hughes River (Madison County) from Route 231 upstream to the upper crossing of Route 707 near the confluence of Rocky Run.

 

***

 

Robinson River from Route 231 to river mile 26.7.

 

***

 

Rose River from its confluence with the Robinson River 2.6 miles upstream.

 

***

 

South River from 5 miles above its confluence with the Rapidan River 3.9 miles upstream.

 

VI

 

Natural Trout Waters in Section 4

 

ii

 

Berry Hollow from its confluence with the Robinson River upstream including all named and unnamed tributaries.

 

Ii ii

 

Bolton Branch from 1.7 miles above its confluence with Hittles Mill Stream upstream including all named and unnamed tributaries.

 

Ii ii

 

Broad Hollow Run from its confluence with Hazel River upstream including all named and unnamed tributaries.

 

I i

 

Brokenback Run from its confluence with the Hughes River upstream including all named and unnamed tributaries.

 

I i

 

Bush Mountain Stream from its confluence with the Conway River upstream including all named and unnamed tributaries.

 

I i

 

Cedar Run (Madison County) from 0.8 mile above its confluence with the Robinson River upstream including all named and unnamed tributaries.

 

I i

 

Conway River (Greene County) from the Town of Fletcher upstream including all named and unnamed tributaries.

 

Ii ii

 

Dark Hollow from its confluence with the Rose River upstream including all named and unnamed tributaries.

 

I i

 

Devils Ditch from its confluence with the Conway River upstream including all named and unnamed tributaries.

 

iii

 

Entry Run from its confluence with the South River upstream including all named and unnamed tributaries.

 

iii

 

Garth Run from 1.9 miles above its confluence with the Rapidan River at the Route 665 crossing upstream including all named and unnamed tributaries.

 

ii

 

Hannah Run from its confluence with the Hughes River upstream including all named and unnamed tributaries.

 

ii

 

Hazel River (Rappahannock County) from the Route 707 bridge upstream including all named and unnamed tributaries.

 

ii

 

Hogcamp Branch from its confluence with the Rose River upstream including all named and unnamed tributaries.

 

i

 

Hughes River (Madison County) from the upper crossing of Route 707 near the confluence of Rocky Run upstream including all named and unnamed tributaries.

 

iii

 

Indian Run (Rappahannock County) from 3.4 miles above its confluence with the Hittles Mill Stream upstream including all named and unnamed tributaries.

 

ii

 

Jordan River (Rappahannock County) from 10.9 miles above its confluence with the Rappahannock River upstream including all named and unnamed tributaries.

 

iii

 

Kinsey Run from its confluence with the Rapidan River upstream including all named and unnamed tributaries.

 

ii

 

Laurel Prong from its confluence with the Rapidan River upstream including all named and unnamed tributaries.

 

ii

 

Mill Prong from its confluence with the Rapidan River upstream including all named and unnamed tributaries.

 

ii

 

Negro Run (Madison County) from its confluence with the Robinson River upstream including all named and unnamed tributaries.

 

ii

 

North Fork Thornton River from 3.2 miles above its confluence with the Thornton River upstream including all named and unnamed tributaries.

 

ii

 

Piney River (Rappahannock County) from 0.8 mile above its confluence with the North Fork Thornton River upstream including all named and unnamed tributaries.

 

ii

 

Pocosin Hollow from its confluence with the Conway River upstream including all named and unnamed tributaries.

 

ii

 

Ragged Run from 0.6 mile above its confluence with Popham Run upstream including all named and unnamed tributaries.

 

i

 

Rapidan River from Graves Mill (Route 615) upstream including all named and unnamed tributaries.

 

ii

 

Robinson River (Madison County) from river mile 26.7 to river mile 29.7.

 

i

 

Robinson River (Madison County) from river mile 29.7 upstream including all named and unnamed tributaries.

 

i

 

Rose River from river mile 2.6 upstream including all named and unnamed tributaries.

 

iv

 

Rush River (Rappahannock County) from the confluence of Big Devil Stairs (approximate river mile 10.2) upstream including all named and unnamed tributaries.

 

ii

 

Sams Run from its confluence with the Hazel River upstream including all named and unnamed tributaries.

 

ii

 

South River from 8.9 miles above its confluence with the Rapidan River upstream including all named and unnamed tributaries.

 

ii

 

Sprucepine Branch from its confluence with Bearwallow Creek upstream including all named and unnamed tributaries.

 

i

 

Staunton River (Madison County) from its confluence with the Rapidan River upstream including all named and unnamed tributaries.

 

ii

 

Strother Run from its confluence with the Rose River upstream including all named and unnamed tributaries.

 

iii

 

Thornton River (Rappahannock County) from 25.7 miles above its confluence with the Hazel River upstream including all named and unnamed tributaries.

 

ii

 

Wilson Run from its confluence with the Staunton River upstream including all named and unnamed tributaries.

4a

 

 

(Deleted)

4b

III

PWS

The Rappahannock River and its tributaries, to include the VEPCO Canal, from Fredericksburg's (inactive May 2000) raw water intake to points 5 miles upstream.

4c

III

PWS

Motts Run and its tributaries.

4d

III

 

Horsepen Run and its tributaries.

4e

III

PWS

Hunting Run and its tributaries.

4f

III

 

Wilderness Run and its tributaries.

4g

III

 

Deep Run and its tributaries.

4h

 

 

(Deleted)

4i

III

PWS

Mountain Run and its tributaries from Culpeper's raw water intake to points 5 miles upstream.

4j

 III

PWS

White Oak Run and its tributaries from the Town of Madison's raw water intake to points 5 miles upstream.

4k

III

PWS

Rapidan River and its tributaries from Orange's raw water intake near Poplar Run to points 5 miles upstream.

4l

III

PWS

Rapidan River and its tributaries from the Rapidan Service Authority's raw water intake (just upstream of the Route 29 bridge) upstream to points 5 miles above the intake.

4m

III

PWS

Rapidan River and its tributaries from the Wilderness Shores raw water intake (Orange County - Rapidan Service Authority) to points 5 miles upstream.

9VAC25-260-450. Roanoke River Basin.

SEC.

CLASS

SP. STDS.

SECTION DESCRIPTION

1

III

PWS

Lake Gaston and the John Kerr Reservoir in Virginia and their tributaries in Virginia, unless otherwise designated in this chapter (not including the Roanoke or the Dan Rivers). The Roanoke River Service Authority's water supply intake is in this section.

1a

III

 

Dockery Creek and its tributaries to their headwaters.

2

III

 

Dan River and its tributaries from the John Kerr Reservoir to the Virginia-North Carolina state line just east of the Pittsylvania-Halifax County line, unless otherwise designated in this chapter.

2a

III

PWS

Dan River and its tributaries from South Boston's raw water intake to points 5 miles upstream.

2b

III

PWS

Banister River and its tributaries from Burlington Industries' inactive raw water intake (about 2000 feet downstream of Route 360) inclusive of the Town of Halifax intake at the Banister Lake dam upstream to the Pittsylvania-Halifax County line (designation for main stem and tributaries ends at the county line).

2c

 

 

(Deleted)

2d

III

PWS

Cherrystone Creek and its tributaries from Chatham's raw water intake upstream to their headwaters.

2e

III

PWS

Georges Creek from Gretna's raw water intake upstream to its headwaters.

2f

III

PWS

Banister River and its tributaries from point below its confluence with Bearskin Creek (at latitude 36°46'15"; longitude 79°27'08") just east of Route 703, upstream to their headwaters.

2g

III

PWS

Whitethorn Creek and its tributaries from its confluence with Georges Creek upstream to their headwaters.

3

III

Dan River and its tributaries from the Virginia-North Carolina state line just east of the Pittsylvania-Halifax County line upstream to the state line just east of Draper, N.C. North Carolina, unless otherwise designated in this chapter.

 

III

PWS

Dan River and its tributaries from the Virginia-North Carolina state line just south of Danville to points 1.34 miles upstream and the first unnamed tributary to Hogans Creek from the Virginia-North Carolina state line to a point 0.45 mile upstream.

3a

III

PWS

Dan River and its tributaries from the Schoolfield Dam including the City of Danville's main water intake located just upstream of the Schoolfield Dam, upstream to the Virginia-North Carolina state line.

3b

IV

PWS

Cascade Creek and its tributaries.

3c

IV

PWS

Smith River and its tributaries from the Virginia-North Carolina state line to, but not including, Home Creek.

3d

VI

PWS

Smith River from DuPont's (inactive) raw water intake upstream to the Philpott Dam, unless otherwise designated in this chapter.

 

VI

PWS

Natural Trout Waters in Section 3d

 

ii

 

Smith River from DuPont's (inactive) raw water intake upstream to the Philpott Dam, unless otherwise designated in this chapter.

3e

IV

 

Philpott Reservoir, Fairystone Lake and their tributaries.

 

V

 

Stockable Trout Waters in Section 3e

 

v

 

Otter Creek from its confluence with Rennet Bag Creek (Philpott Reservoir) to its headwaters.

 

v

 

Smith River (Philpott Reservoir portion) from the Philpott Dam (river mile 46.80) to river mile 61.14, just above the confluence with Small Creek.

 

v

 

Rennet Bag Creek from its confluence with the Smith River to the confluence of Long Branch Creek.

 

VI

 

Natural Trout Waters in Section 3e

 

ii

 

Brogan Branch from its confluence with Rennet Bag Creek upstream including all named and unnamed tributaries.

 

ii

 

Rennet Bag Creek from the confluence of Long Branch Creek upstream including all named and unnamed tributaries.

 

ii

 

Roaring Run from its confluence with Rennet Bag Creek upstream including all named and unnamed tributaries.

3f

IV

PWS

North Mayo River and South Mayo River and their tributaries from the Virginia-North Carolina state line to points 5 miles upstream.

3g

IV

 

Interstate streams in the Dan River watershed above the point where the Dan crosses the Virginia-North Carolina state line just east of Draper, N. C. North Carolina, (including the Mayo and the Smith watersheds), unless otherwise designated in this chapter.

 

V

 

Stockable Trout Waters in Section 3g

 

vi

 

Dan River from the Virginia-North Carolina state line upstream to the Pinnacles Power House.

 

***

 

Little Dan River from its confluence with the Dan River 7.8 miles upstream.

 

v

 

Smith River from river mile 61.14 (just below the confluence of Small Creek), to Route 704 (river mile 69.20).

 

VI

 

Natural Trout Waters in Section 3g

 

ii

 

Dan River from Pinnacles Power House to Townes Dam.

 

ii

 

Dan River from headwaters of Townes Reservoir to Talbott Dam.

 

iii

 

Little Dan River from 7.8 miles above its confluence with the Dan River upstream including all named and unnamed tributaries.

 

i

 

North Prong of the North Fork Smith River from its confluence with the North Fork Smith River upstream including all named and unnamed tributaries.

 

ii

 

North Fork Smith River from its confluence with the Smith River upstream including all named and unnamed tributaries.

 

iii

 

Smith River from Route 704 (river mile 69.20) to Route 8 (river mile 77.55).

 

ii

 

Smith River from Route 8 (approximate river mile 77.55) upstream including all named and unnamed tributaries.

 

ii

 

South Mayo River from river mile 38.8 upstream including all named and unnamed tributaries.

3h

IV

PWS

South Mayo River and its tributaries from the Town of Stuart's raw water intake 0.4 mile upstream of its confluence with the North Fork Mayo River to points 5 miles upstream.

 

VI

 

Natural Trout Waters in Section 3h

 

iii

 

Brushy Fork from its confluence with the South Mayo River upstream including all named and unnamed tributaries.

 

iii

 

Lily Cove Branch from its confluence with Rye Cove Creek upstream including all named and unnamed tributaries.

 

iii

 

Rye Cove Creek from its confluence with the South Mayo River upstream including all named and unnamed tributaries.

 

iii

 

South Mayo River from river mile 33.8 upstream including all named and unnamed tributaries.

3i

IV

PWS

Hale Creek and its tributaries from the Fairy Stone State Park's raw water intake 1.7 miles from its confluence with Fairy Stone Lake upstream to its headwaters.

3j

VI

PWS

Smith River and its tributaries from the Henry County Public Service Authority's raw water intake about 0.2 mile upstream of its confluence with Town Creek to points 5 miles upstream.

4

III

 

Intrastate tributaries to the Dan River above the Virginia-North Carolina state line just east of Draper, North Carolina, to their headwaters, unless otherwise designated in this chapter.

 

V

 

Stockable Trout Waters in Section 4

 

vi

 

Browns Dan River from the intersection of Routes 647 and 646 to its headwaters.

 

vi

 

Little Spencer Creek from its confluence with Spencer Creek to its headwaters.

 

vi

 

Poorhouse Creek from its confluence with North Fork South Mayo River upstream to Route 817.

 

***

 

Rock Castle Creek from its confluence with the Smith River upstream to Route 40.

 

VI

 

Natural Trout Waters in Section 4

 

ii

 

Barnard Creek from its confluence with the Dan River upstream including all named and unnamed tributaries.

 

ii

 

Big Cherry Creek from its confluence with Ivy Creek upstream including all named and unnamed tributaries.

 

iii

 

Ivy Creek from its confluence with the Dan River upstream including all named and unnamed tributaries.

 

iii

 

Camp Branch from its confluence with Ivy Creek upstream including all named and unnamed tributaries.

 

iii

 

Haunted Branch from its confluence with Barnard Creek upstream including all named and unnamed tributaries.

 

ii

 

Hookers Creek from its confluence with the Little Dan River upstream including all named and unnamed tributaries.

 

iii

 

Ivy Creek from Coleman's Mill Pond upstream to Route 58 (approximately 2.5 miles).

 

iii

 

Little Ivy Creek from its confluence with Ivy Creek upstream including all named and unnamed tributaries.

 

iii

 

Little Rock Castle Creek from its confluence with Rock Castle Creek upstream including all named and unnamed tributaries.

 

ii

 

Maple Swamp Branch from its confluence with Round Meadow Creek upstream including all named and unnamed tributaries.

 

iii

 

Mayberry Creek from its confluence with Round Meadow Creek upstream including all named and unnamed tributaries.

 

ii

 

Mill Creek from its confluence with the Dan River upstream including all named and unnamed tributaries.

 

iii

 

North Fork South Mayo River from its confluence with the South Mayo River upstream including all named and unnamed tributaries.

 

vi**

 

Patrick Springs Branch from its confluence with Laurel Branch upstream including all named and unnamed tributaries.

 

iii

 

Polebridge Creek from Route 692 upstream including all named and unnamed tributaries.

 

ii

 

Poorhouse Creek from Route 817 upstream including all named and unnamed tributaries.

 

ii

 

Rhody Creek from its confluence with the South Mayo River upstream including all named and unnamed tributaries.

 

iii

 

Rich Creek from Route 58 upstream including all named and unnamed tributaries.

 

ii

 

Roaring Creek from its confluence with the Dan River upstream including all named and unnamed tributaries.

 

i

 

Rock Castle Creek from Route 40 upstream including all named and unnamed tributaries.

 

iii

 

Round Meadow Creek from its confluence with the Dan River upstream including all named and unnamed tributaries.

 

ii

 

Sawpit Branch from its confluence with Round Meadow Creek upstream including all named and unnamed tributaries.

 

ii

 

Shooting Creek from its confluence with the Smith River upstream including all named and unnamed tributaries.

 

vi**

 

Spencer Creek from Route 692 upstream including all named and unnamed tributaries.

 

iii

 

Squall Creek from its confluence with the Dan River upstream including all named and unnamed tributaries.

 

ii

 

Tuggle Creek from its confluence with the Dan River upstream including all named and unnamed tributaries.

 

ii

 

Widgeon Creek from its confluence with the Smith River upstream including all named and unnamed tributaries.

4a

III

PWS

Intrastate tributaries (includes Beaver Creek, Little Beaver Creek, and Jones Creek, for the City of Martinsville) to the Smith River from DuPont's (inactive) raw water intake to points 5 miles upstream from Fieldcrest Cannon's raw water intake.

4b

III

PWS

Marrowbone Creek and its tributaries from the Henry County Public Service Authority's raw water intake (about 1/4 0.25 mile upstream from Route 220) to their headwaters.

4c

III

PWS

Leatherwood Creek and its tributaries from the Henry County Public Service Authority's raw water intake 8 miles upstream of its confluence with the Smith River to points 5 miles upstream.

5

IV

PWS

Roanoke Staunton River from the headwaters of the John Kerr Reservoir to Leesville Dam unless otherwise designated in this chapter.

5a

III

PWS 

Tributaries to the Roanoke Staunton River from the headwaters of the John Kerr Reservoir to Leesville Dam, unless otherwise designated in this chapter.

 

V

 

Stockable Trout Waters in Section 5a

 

vi

 

Day Creek from Route 741 to its headwaters.

 

VI

 

Natural Trout Waters in Section 5a

 

iii

 

Gunstock Creek from its confluence with Overstreet Creek upstream including all named and unnamed tributaries.

 

ii

 

Overstreet Creek from its confluence with North Otter Creek upstream including all named and unnamed tributaries.

5b

III

PWS

Spring Creek from Keysville's raw water intake upstream to its headwaters.

5c

III

PWS

Falling River and its tributaries from a point just upstream from State Route 40 (the raw water source for Dan River, Inc.) to points 5 miles upstream and including the entire Phelps Creek watershed which contains the Brookneal Reservoir.

5d

III

 

Falling River and its tributaries from 5 miles above Dan River, Inc. raw water intake to its headwaters.

5e

III

PWS

Reed Creek and its tributaries from Altavista's raw water intake upstream to their headwaters.

5f

III

PWS

Big Otter River and its tributaries from Bedford's raw water intake to points 5 miles upstream, and Stony Creek and Little Stony Creek upstream to their headwaters.

 

VI

PWS

Natural Trout Waters in Section 5f

 

ii

 

Little Stony Creek from 1 mile above its confluence with Stony Creek upstream including all named and unnamed tributaries.

 

ii

 

Stony Creek from the Bedford Reservoir upstream including all named and unnamed tributaries.

5g

III

 

Big Otter River and its tributaries from 5 miles above Bedford's raw water intake upstream to their headwaters.

5h

III

 

Ash Camp Creek and that portion of Little Roanoke Creek from its confluence with Ash Camp Creek to the Route 47 bridge.

5i

III

PWS

The Roanoke River and its tributaries from the Town of Altavista's raw water intake, 0.1 mile upstream from the confluence of Sycamore Creek, to points 5 miles upstream.

5j

III

PWS

Big Otter River and its tributaries from the Campbell County Utilities and Service Authority's raw water intake to points 5 miles upstream.

6

IV

pH-6.5-9.5

Roanoke River from a point (at latitude 37°15'53";longitude 79°54'00") 5 miles above the headwaters of Smith Mountain Lake upstream to Salem's #1 raw water intake.

 

V

 

Stockable Trout Waters in Section 6

 

***

pH-6.5-9.5, ff

Roanoke River from its junction from Routes 11 and 419 to Salem's #1 raw water intake.

6a

III

NEW-1

Tributaries of the Roanoke River from Leesville Dam to Niagra Reservoir, unless otherwise designated in this chapter.

 

V

 

Stockable Trout Waters in Section 6a

 

vi

 

Gourd Creek from 1.3 miles above its confluence with Snow Creek to its headwaters.

 

vi

 

Maggodee Creek from Boones Mill upstream to Route 862 (approximately 3.8 miles).

 

vii

 

South Fork Blackwater River from its confluence with the Blackwater River upstream to Roaring Run.

 

vi

 

South Prong Pigg River from its confluence with the Pigg River to its headwaters.

 

VI

 

Natural Trout Waters in Section 6a

 

iii

 

Daniels Branch from its confluence with the South Fork Blackwater River upstream including all named and unnamed tributaries.

 

ii

 

Green Creek from Roaring Run upstream including all named and unnamed tributaries.

 

ii

 

Pigg River from 1 mile above the confluence of the South Prong Pigg River upstream including all named and unnamed tributaries.

 

ii

 

Roaring Run from its confluence with the South Fork Blackwater River upstream including all named and unnamed tributaries.

6b

 

 

(Deleted)

6c

III

PWS

Falling Creek Reservoir and Beaverdam Reservoir.

6d

IV

 

Tributaries of the Roanoke River from Niagra Reservoir to Salem's #1 raw water intake, unless otherwise designated in this chapter.

 

V

 

Stockable Trout Waters in Section 6d

vii

ee

Tinker Creek from its confluence with the Roanoke River north to Routes 11 and 220.

 

VI

 

Natural Trout Waters in Section 6d

 

iii

 

Glade Creek from its junction with Berkley Road NE to the confluence of Coyner Branch.

6e

IV

PWS

Carvin Cove Reservoir and its tributaries to their headwaters.

6f

IV

PWS, NEW-1

Blackwater River and its tributaries from the Town of Rocky Mount's raw water intake (just upstream of State Route 220) to points 5 miles upstream.

6g

IV

PWS

Tinker Creek and its tributaries from the City of Roanoke's raw water intake (about 0.4 mile downstream from Glebe Mills) to points 5 miles upstream.

6h

IV

PWS

Roanoke River from Leesville Dam to Smith Mountain Dam (Gap of Smith Mountain), excluding all tributaries to Leesville Lake.

6i

IV

PWS, NEW-1

Roanoke River from Smith Mountain Dam (Gap of Smith Mountain) upstream to a point (at latitude 37°15'53"; longitude 79°54'00" and its tributaries to points 5 miles above the 795.0 foot contour (normal pool elevation) of Smith Mountain Lake.

7

IV

pH-6.5-9.5, ESW-2

Roanoke River and its tributaries, unless otherwise designated in this chapter, from Salem's #1 raw water intake to their headwaters.

 

V

 

Stockable Trout Waters in Section 7

 

vi

pH-6.5-9.5

Elliott Creek from the confluence of Rocky Branch to its headwaters.

 

vi

pH-6.5-9.5

Goose Creek from its confluence with the South Fork Roanoke River to its headwaters.

 

vi

pH-6.5-9.5

Mill Creek from its confluence with Bottom Creek to its headwaters.

 

***

pH-6.5-9.5

Roanoke River from 5 miles above Salem's #2 raw water intake to the Spring Hollow Reservoir intake (see section Section 7b).

 

vi

pH-6.5-9.5

Smith Creek from its confluence with Elliott Creek to its headwaters.

 

vi

pH-6.5-9.5

South Fork Roanoke River from 5 miles above the Spring Hollow Reservoir intake (see section Section 7b) to the mouth of Bottom Creek (river mile 17.1).

 

VI

 

Natural Trout Waters in Section 7

 

ii

pH-6.5-9.5

Big Laurel Creek from its confluence with Bottom Creek upstream including all named and unnamed tributaries.

 

ii

pH-6.5-9.5

Bottom Creek from its confluence with the South Fork Roanoke River upstream including all named and unnamed tributaries.

 

ii

pH-6.5-9.5

Lick Fork (Floyd County) from its confluence with Goose Creek upstream including all named and unnamed tributaries.

 

ii

pH-6.5-9.5

Mill Creek from its confluence with the North Fork Roanoke River upstream including all named and unnamed tributaries.

 

iii

pH-6.5-9.5

Purgatory Creek from Camp Alta Mons upstream including all named and unnamed tributaries.

 

ii

pH-6.5-9.5

Spring Branch from its confluence with the South Fork Roanoke River upstream including all named and unnamed tributaries.

7a

IV

PWS pH-6.5-9.5

Roanoke River and its tributaries from Salem's #1 raw water intake to points 5 miles upstream from Salem's #2 raw water intake.

 

V

PWS

Stockable Trout Waters in Section 7a

 

***

pH-6.5-9.5, ff

Roanoke River from Salem's #1 raw water intake to a point 5 miles upstream from Salem's #2 raw water intake.

7b

IV

PWS pH-6.5-9.5

Roanoke River and its tributaries from the Spring Hollow Reservoir intake upstream to points 5 miles upstream.

 

V

PWS

Stockable Trout Waters in Section 7b

 

***

pH-6.5-9.5, hh ff

Roanoke River from the Spring Hollow Reservoir intake to the Floyd-Montgomery County line.

 

vi

pH-6.5-9.5

South Fork Roanoke River from its confluence with the Roanoke River to 5 miles above the Spring Hollow Reservoir intake.

9VAC25-260-460. Yadkin River Basin.

SEC.

CLASS

SP. STDS.

SECTION DESCRIPTION

1

IV

PWS

Yadkin River Basin in Virginia including Ararat River, Johnson Creek, Little Fisher River, Lovills Creek, Pauls Creek and Stewarts Creek - the entire reach of these streams from the Virginia-North Carolina state line to their headwaters.

 

V

PWS

Stockable Trout Waters in Section 1

 

***

 

Ararat River from Route 823 upstream to Route 671.

 

vi

 

Halls Branch from its confluence with Lovills Creek 4.5 miles upstream.

 

vi

 

Johnson Creek from the Virginia-North Carolina state line to its headwaters.

 

vii

 

Lovills Creek from the Virginia-North Carolina state line 1.8 miles upstream (to the Natural Resource Conservation Service dam).

 

vii

 

Pauls Creek (at the Carroll County line at Route 690) from 6.7 miles above its confluence with Stewarts Creek 4.2 miles upstream.

 

VI

PWS

Natural Trout Waters in Section 1

 

iii

 

Ararat River from Route 671 upstream including all named and unnamed tributaries.

 

iii

 

East Fork Johnson Creek from its confluence with Johnson Creek upstream including all named and unnamed tributaries.

 

iii

 

Elk Spur Branch from its confluence with Lovills Creek upstream including all named and unnamed tributaries.

 

i

 

Little Fisher Creek from the Virginia-North Carolina state line upstream including all named and unnamed tributaries.

 

ii

 

Little Pauls Creek in the vicinity of Route 692 (4 miles above its confluence with Pauls Creek) upstream including all named and unnamed tributaries.

 

iii

 

Lovills Creek and its tributaries from the headwaters of the impoundment formed by the Natural Resource Conservation Service dam (1.8 miles above the Virginia-North Carolina state line) to river mile 7.8 (at the confluence of Elk Spur and Waterfall Branch) their headwaters.

 

ii

 

North Fork Stewarts Creek from its confluence with Stewarts Creek upstream including all named and unnamed tributaries.

 

ii

 

Pauls Creek (Carroll County) from 10.9 miles above its confluence with Stewarts Creek upstream including all named and unnamed tributaries.

 

i

 

South Fork Stewarts Creek from its confluence with Stewarts Creek upstream including all named and unnamed tributaries.

 

iii

 

Stewarts Creek below Lambsburg in the vicinity of Route 696 (10.4 miles above its confluence with the Ararat River) to the confluence of the North and South Forks of Stewarts Creek.

 

iii

 

Sun Run from its confluence with the Ararat River upstream including all named and unnamed tributaries.

 

iii

 

Thompson Creek from its confluence with the Ararat River upstream including all named and unnamed tributaries.

 

ii

 

Turkey Creek from its confluence with Stewarts Creek upstream including all named and unnamed tributaries.

 

ii

 

Waterfall Branch from its confluence with Lovills Creek upstream including all named and unnamed tributaries.

9VAC25-260-470. Chowan and Dismal Swamp (Chowan River Subbasin).

SEC.

CLASS

SP. STDS.

SECTION DESCRIPTION

1

II

NEW-21

Blackwater River and its tidal tributaries from the Virginia-North Carolina state line to the end of tidal waters at approximately State Route 611 at river mile 20.90; Nottoway River and its tidal tributaries from the Virginia-North Carolina state line to the end of tidal waters at approximately Route 674.

2

VII

NEW-21

Blackwater River from the end of tidal waters to its headwaters and its free-flowing free flowing tributaries in Virginia, unless otherwise designated in this chapter.

2a

VII

PWS

Blackwater River and its tributaries from Norfolk's auxiliary raw water intake near Burdette, Virginia, to points 5 miles above the raw water intake, to include Corrowaugh Swamp to a point 5 miles above the raw water intake.

2b

III

 

Nottoway River from the end of tidal waters to its headwaters and its free-flowing free flowing tributaries in Virginia, unless otherwise designated in this chapter.

 

VII

 

Swamp waters in Section 2b

 

 

 

Assamoosick Swamp and its tributaries from river mile 2.50 to its headwaters.

 

 

 

Black Branch Swamp from its confluence with the Nottoway River to its headwaters.

 

 

 

Butterwood Creek from river mile 4.65 (near Route 622) upstream to river mile 14.59 (near Route 643).

 

 

 

Cabin Point Swamp from its confluence with the Nottoway River to its headwaters.

 

 

 

Cooks Branch from its confluence with Butterwood Creek to river mile 1.08

 

 

 

Gosee Swamp and its tributaries from its confluence with the Nottoway River to river mile 6.88.

 

 

 

Gravelly Run and its tributaries from its confluence with Rowanty Creek to river mile 8.56.

 

 

 

Harris Swamp and its tributaries from its confluence with the Nottoway River to river mile 8.72.

 

 

 

Hatcher Run and its tributaries from its confluence with Rowanty Creek to river mile 19.27 excluding Picture Branch.

 

 

 

Hunting Quarter Swamp and its tributaries from its confluence with the Nottoway River to its headwaters.

 

 

 

Moores and Jones Holes Swamp and tributaries from their confluence with the Nottoway River to its headwaters.

 

 

 

Nebletts Mill Run and its tributaries from its confluence with the Nottoway River to its headwaters.

 

 

 

Raccoon Creek and its tributaries from its confluence with the Nottoway River to its headwaters.

 

 

 

Rowanty Creek and its tributaries from its confluence with the Nottoway River to Gravelly Run.

 

 

 

Southwest Swamp and its tributaries from its confluence with Stony Creek to river mile 8.55.

 

 

 

Three Creek and its tributaries from its confluence with the Nottoway River upstream to its headwaters at Slagles Lake.

2c

III

PWS

Nottoway River and its tr