TITLE 9. ENVIRONMENT
REGISTRAR'S NOTICE: The following regulatory action is exempt from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 4 c of the Code of Virginia, which excludes regulations that are necessary to meet the requirements of federal law or regulations, provided such regulations do not differ materially from those required by federal law or regulation. The State Water Control Board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.
Title of Regulation: 9VAC25-71. Regulations Governing the Discharge of Sewage and Other Wastes from Boats (amending 9VAC25-71-70).
Statutory Authority: § 62.1-44 of the Code of Virginia; 33 USC § 1322.
Effective Date: June 23, 2021.
Agency Contact: Justin L. Williams, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4185, FAX (804) 698-4178, or email justin.williams@deq.virginia.gov.
Summary:
The amendments add two newly designated boating No Discharge Zones (NDZ) in Gloucester County to conform to the U.S. Environmental Protection Agency's federal designation of those areas as No Discharge Zones. The NDZs were developed in accordance with § 312 of the federal Clean Water Act and § 62.1-44.33 of the Code of Virginia.
9VAC25-71-70. Listing of designated no discharge zones in the Commonwealth of Virginia.
The following are designated no discharge zones:
1. Smith Mountain Lake in the counties of Bedford, Franklin and Pittsylvania, Virginia, from Smith Mountain Dam (Gap of Smith Mountain) upstream to the 795.0 foot contour (normal pool elevation) in all tributaries, including waters to above the confluence with Back Creek in the Roanoke River arm, and to the Brooks Mill Bridge (Route 834) on the Blackwater River arm.
2. The Lynnhaven River Watershed in the City of Virginia Beach, Virginia, including all contiguous waters south of the Lesner Bridge at Lynnhaven Inlet (latitude 36°54'27.90" N and longitude 76°05'30.90" W) and north of the watershed break point at the intersection of West Neck Creek and Dam Neck Road (latitude 36°47'17.60" N and longitude 76°04'14.62" W).
3. Broad Creek, Jackson Creek, and Fishing Bay Watersheds in lower Middlesex County, Virginia: the Broad Creek Watershed No Discharge Zone is defined as all contiguous waters south of the line formed between the points formed by latitude 37°33'46.3" N and longitude -76°18'45.9" W and north to latitude 37°33'47.4" N and longitude -76°19'24.7" W. The Jackson Creek Watershed No Discharge Zone is defined as all contiguous waters west of the of the line formed between the points formed by latitude 37°32'40" N and longitude -76°19'40.6" W at Stove Point Neck and latitude 37°32'46.8" N and longitude -76°19'15.6" W at the western point of the entrance to the eastern prong of Jackson Creek. The Fishing Bay Watershed No Discharge Zone is defined as all contiguous waters north of the line formed between the points formed by latitude 37°32'01.9" N and longitude -76°21'43.5" W at the southernmost tip of Bland Point and latitude 37°31'29.4" N and longitude -76°19'53.6" W at the southernmost tip of Stove Point. This area includes all of Fishing Bay and encompasses Moore Creek and Porpoise Cove.
4. Sarah Creek in Gloucester County, Virginia, including all contiguous waters north of the line formed between the point formed by latitude 37º14'58.34" N and longitude 76º29'39.17" W and east to latitude 37º15'00.81" N and longitude 76º28'37.84" W.
5. Perrin River in Gloucester County, Virginia, including all contiguous waters north of the line formed between the point formed by latitude 37º 15'43.52" N and longitude 76º25'25.71" W and east to latitude 37º15'50.63" N and longitude 76º25'11.84" W.
VA.R. Doc. No. R21-6759; Filed April 28, 2021