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
exam [ within 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 days [ after
being hired or transferred into a position where duties and functions involve
the commercial use of pesticides ] or did not pass [ the
a subsequent ] examination [ within 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:
The acute ammonia criterion in saltwater is given by:
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:
The chronic ammonia criterion in saltwater is given by:
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 |