TITLE 4. CONSERVATION AND NATURAL RESOURCES
DEPARTMENT OF WILDLIFE RESOURCES
Final
REGISTRAR'S NOTICE: The Board of Wildlife Resources is claiming an exemption from the Administrative Process Act pursuant to § 2.2-4002 A 3 of the Code of Virginia when promulgating regulations regarding the management of wildlife.
Title of Regulation: 4VAC15-20. Definitions and Miscellaneous: In General (amending 4VAC15-20-50, 4VAC15-20-200).
Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.
Effective Date: January 1, 2023.
Agency Contact: Jeff Trollinger, Natural Resource Manager II, Department of Wildlife Resources, 7870 Villa Park Drive, #400, Henrico, VA 23228, telephone (804) 367-1134, or email jeff.trollinger@dwr.virginia.gov.
Summary:
The amendments (i) update the department's "List of Native and Naturalized Fauna of Virginia" incorporated by reference; (ii) remove fees for use of boat ramps; and (iii) set late fees for exhibitor and rehabilitator permits issued by the department.
4VAC15-20-50. Definitions; "wild animal," "native animal," "naturalized animal," "nonnative (exotic) animal," and "domestic animal".
A. In accordance with § 29.1-100 of the Code of Virginia, the following terms shall have the meanings ascribed to them by this section when used in regulations of the board:
"Native animal" means those species and subspecies of animals naturally occurring in Virginia, as included in the department's 2020 2022 "List of Native and Naturalized Fauna of Virginia," with copies available in the headquarters and regional offices of the department.
"Naturalized animal" means those species and subspecies of animals not originally native to Virginia that have established wild, self-sustaining populations, as included in the department's 2020 2022 "List of Native and Naturalized Fauna of Virginia," with copies available in the headquarters and regional offices of the department.
"Nonnative (exotic) animal" means those species and subspecies of animals not naturally occurring in Virginia, excluding domestic and naturalized species.
The following animals are defined as domestic animals:
Domestic dog (Canis familiaris), including wolf hybrids.
Domestic cat (Felis catus), including hybrids with wild felines.
Domestic horse (Equus caballus), including hybrids with Equus asinus.
Domestic ass, burro, and donkey (Equus asinus).
Domestic cattle (Bos taurus and Bos indicus).
Domestic sheep (Ovis aries) including hybrids with wild sheep.
Domestic goat (Capra hircus).
Domestic swine (Sus scrofa), including pot-bellied pig and excluding any swine that are wild or for which no claim of ownership can be made.
Llama (Lama glama).
Alpaca (Lama pacos).
Camels (Camelus bactrianus and Camelus dromedarius).
Domesticated races of hamsters (Mesocricetus spp.).
Domesticated races of mink (Mustela vison) where adults are heavier than 1.15 kilograms or their coat color can be distinguished from wild mink.
Domesticated races of guinea pigs (Cavia porcellus).
Domesticated races of gerbils (Meriones unguiculatus).
Domesticated races of chinchillas (Chinchilla laniger).
Domesticated races of rats (Rattus norvegicus and Rattus rattus).
Domesticated races of mice (Mus musculus).
Domesticated breeds of European rabbit (Oryctolagus cuniculus) recognized by the American Rabbit Breeders Association, Inc. and any lineage resulting from crossbreeding recognized breeds. A list of recognized rabbit breeds is available on the department's website.
Domesticated races of chickens (Gallus).
Domesticated races of turkeys (Meleagris gallopavo).
Domesticated races of ducks and geese distinguishable morphologically from wild birds.
Feral pigeons (Columba domestica and Columba livia) and domesticated races of pigeons.
Domesticated races of guinea fowl (Numida meleagris).
Domesticated races of peafowl (Pavo cristatus).
"Wild animal" means any member of the animal kingdom, except domestic animals, including without limitation any native, naturalized, or nonnative (exotic) mammal, fish, bird, amphibian, reptile, mollusk, crustacean, arthropod, or other invertebrate, and includes any hybrid of them, except as otherwise specified in regulations of the board, or part, product, egg, or offspring of them, or the dead body or parts of them.
B. Exception for red foxes and European rabbits. Domesticated red foxes (Vulpes vulpes) having coat colors distinguishable from wild red foxes and wild European rabbits possessed in captivity on July 1, 2017, may be maintained in captivity until the animal dies, but the animal may not be bred or sold without a permit from the department. Persons possessing domesticated red foxes or European rabbits without a permit from the department must declare such possession in writing to the department by January 1, 2018. This written declaration must include the number of individual animals in possession and date acquired, sex, estimated age, coloration, and a photograph of each fox or European rabbit. This written declaration shall (i) serve as a permit for possession only, (ii) is not transferable, and (iii) must be renewed every five years.
4VAC15-20-200. Fees for miscellaneous permits.
A. Pursuant to §§ 29.1-417, 29.1-418, 29.1-422, and other applicable provisions of the Code of Virginia, except as provided by this chapter the following annual fees shall be paid by applicants for the specified permits before any such permit may be issued.
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Permit Type
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Cost
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Late Fee |
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Boat Ramp Special Use
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Nonprofit Public Use
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$10
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Private/Commercial Use
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$50
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Collect and Sell
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$50
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Commercial Nuisance Animals
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$25
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|
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Exhibitors
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|
|
|
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Commercial Use
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$50
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$25
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Educational/Scientific Use
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$20
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$10
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Exotic Importation and Holding
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$10
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|
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Field Trial
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$25
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Foxhound Training Preserves
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$50
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Hold for Commercial Use
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$10
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Propagation
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$12.50
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|
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Rehabilitation
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$10
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$10
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Scientific Collection
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$20
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Special Hunting Permit
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$10
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Striped Bass Tournament
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$10
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|
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Threatened & Endangered Species
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$20
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|
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Trout Catch-Out Pond
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$50
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B. Veterinarians shall not be required to pay a permit fee or to obtain a permit to hold wildlife temporarily for medical treatment.
DOCUMENTS INCORPORATED BY REFERENCE (4VAC15-20)
List of Native and Naturalized Fauna of Virginia, January 2021, Virginia Department of Wildlife Resources
List of Native and Naturalized Fauna of Virginia, April 2022, Virginia Department of Wildlife Resources
Federal Endangered and Threatened Animal Species as of May 7, 2019
VA.R. Doc. No. R22-7235; Filed November 30, 2022
TITLE 4. CONSERVATION AND NATURAL RESOURCES
DEPARTMENT OF WILDLIFE RESOURCES
Final
REGISTRAR'S NOTICE: The Board of Wildlife Resources is claiming an exemption from the Administrative Process Act pursuant to § 2.2-4002 A 3 of the Code of Virginia when promulgating regulations regarding the management of wildlife.
Title of Regulation: 4VAC15-320. Fish: Fishing Generally (amending 4VAC15-320-25, 4VAC15-320-60).
Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.
Effective Date: January 1, 2023.
Agency Contact: Jeff Trollinger, Natural Resource Manager II, Department of Wildlife Resources, 7870 Villa Park Drive, #400, Henrico, VA 23228, telephone (804) 367-1134, or email jeff.trollinger@dwr.virginia.gov.
Summary:
The amendments (i) clarify the areas where striped bass and white bass may be caught on the Staunton and Dan Rivers, including size limits for striped bass; (ii) change the upstream location limit for walleye and saugeye from Claytor Lake along the New River from Buck Dam in Carroll County to Fries Dam in Grayson County; (iii) clarify the limits on catch of sunfish, crappie, and blue catfish to include the Staunton (Roanoke) River and its tributaries to Difficult Creek in Charlotte County and the Dan River and its tributaries to the Banister River in Halifax County; and (iv) clarify the issuance of fish stocking authorizations and the expiration of such authorizations.
4VAC15-320-25. Creel and length limits.
The creel limits (including live possession) and the length limits for the various species of fish shall be as follows, unless otherwise excepted by posted rules at department-owned or department-controlled waters (see 4VAC15-320-100 D).
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Type of fish
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Subtype or location
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Creel and length limits
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Geographic exceptions
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Creel or length limits for exceptions
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largemouth bass, smallmouth bass
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5 per day in the aggregate (combined)
No statewide length limits
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Lakes
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Briery Creek Lake
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No largemouth or smallmouth bass 16 to 24 inches; only 1 largemouth or smallmouth bass per day in the aggregate longer than 24 inches
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Buggs Island (Kerr)
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Only 2 of 5 largemouth or smallmouth bass in the aggregate less than 14 inches
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Claytor Lake
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No smallmouth bass less than 14 inches
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Flannagan Reservoir
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No smallmouth bass less than 15 inches
No largemouth bass less than 12 inches
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Lake Gaston
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Only 2 of 5 largemouth or smallmouth bass in the aggregate less than 14 inches
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Leesville Reservoir
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Only 2 of 5 largemouth or smallmouth bass in the aggregate less than 14 inches
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Lake Moomaw
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No largemouth or smallmouth bass less than 12 inches
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Philpott Reservoir
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No largemouth or smallmouth bass less than 12 inches
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Quantico Marine Base waters
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No largemouth or smallmouth bass 12 to 15 inches
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Smith Mountain Lake and its tributaries below Niagara Dam
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Only 2 of 5 largemouth or smallmouth bass in the aggregate less than 14 inches
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Rivers
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Clinch River – within the boundaries of Scott, Wise, Russell, or Tazewell Counties
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No largemouth or smallmouth bass less than 20 inches; only 1 largemouth or smallmouth bass in the aggregate per day longer than 20 inches
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Levisa Fork River – within the boundaries Buchanan County
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No largemouth or smallmouth bass less than 20 inches; only 1 largemouth or smallmouth bass in the aggregate per day longer than 20 inches
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Dan River and tributaries downstream from the Union Street Dam, Danville
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Only 2 of 5 largemouth or smallmouth bass less than 14 inches
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James River – Confluence of the Jackson and Cowpasture rivers (Botetourt County) downstream to the 14th Street Bridge in Richmond
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No largemouth or smallmouth bass 14 to 22 inches; only 1 largemouth or smallmouth bass in the aggregate per day longer than 22 inches
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New River – Fields Dam (Grayson County) downstream to the VA - WV state line and its tributaries Little River downstream from Little River Dam in Montgomery County, Big Walker Creek from the Norfolk Southern Railroad Bridge downstream to the New River, and Wolf Creek from the Narrows Dam downstream to the New River in Giles County (This does not include Claytor Lake, which is delineated as: The upper end of the island at Allisonia downstream to the dam)
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No largemouth or smallmouth bass 14 to 22 inches; only 1 largemouth or smallmouth bass in the aggregate per day longer than 22 inches
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North Fork Holston River - Rt. 91 bridge upstream of Saltville, VA downstream to the VA - TN state line
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No largemouth or smallmouth bass less than 20 inches; only 1 largemouth or smallmouth bass in the aggregate per day longer than 20 inches
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Potomac River - Virginia tidal tributaries above Rt. 301 bridge
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No largemouth or smallmouth bass less than 15 inches from March 1 through June 15
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Roanoke (Staunton) River - and its tributaries below Difficult Creek, Charlotte County
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Only 2 of 5 largemouth or smallmouth bass in the aggregate less than 14 inches
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Shenandoah River, South Fork Shenandoah River, North Fork Shenandoah River
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No largemouth or smallmouth bass 11 to 14 inches
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Staunton River -
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Leesville Dam (Campbell County) downstream to the mouth of Difficult Creek, Charlotte County
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No largemouth or smallmouth bass less than 20 inches; only 1 largemouth or smallmouth bass in the aggregate per day longer than 20 inches
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Alabama bass, spotted bass
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No statewide daily limit
No statewide length limit
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striped bass
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landlocked striped bass and landlocked striped bass - white bass hybrids
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4 per day in the aggregate
No fish less than 20 inches
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Buggs Island (Kerr) Reservoir, including the Staunton (Roanoke) River and its tributaries to Leesville Dam and the Dan River and its tributaries to Union Street Dam (Danville)
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October 1 - May 31: 2 per day in the aggregate; no striped bass or hybrid striped bass less than 20 inches or greater than 26 inches
June 1 - September 30: 4 per day in the aggregate; no length limit
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Claytor Lake and its tributaries
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September 16 – June 30: 2 per day in the aggregate; no striped bass or hybrid bass less than 20 inches
July 1 – September 15: 4 per day in the aggregate;
no length limit
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Smith Mountain Lake and its tributaries, including the Roanoke River upstream to Niagara Dam
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2 per day in the aggregate
November 1 - May 31: No striped bass 30 to 40 inches
June 1 - October 31: No length limit
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Lake Gaston
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4 per day in the aggregate
October 1 - May 31: No striped bass or hybrid striped bass less than 20 inches
June 1 - September 30: No length limit
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anadromous (coastal) striped bass above the fall line in all coastal rivers of the Chesapeake Bay
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Creel and length limits shall be set by the Virginia Marine Resources Commission for recreational fishing in tidal waters
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anadromous (coastal) in the Meherrin, Nottoway, Blackwater (Chowan Drainage), North Landing and Northwest Rivers and their tributaries plus Back Bay
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2 per day
No striped bass less than 18 inches
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|
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white bass
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5 per day
No statewide length limits
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Buggs Island (Kerr) Reservoir, including the Staunton (Roanoke) River and its tributaries to Leesville Dam and the Dan River and its tributaries to Union Street Dam (Danville)
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10 per day; no white bass less than 14 inches
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Lake Gaston
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10 per day; no white bass less than 14 inches
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walleye, saugeye
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5 per day in the aggregate
No walleye or saugeye less than 18 inches
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Claytor Lake and the New River upstream of Claytor Lake Dam to Buck Dam in Carroll County Fries Dam in Grayson County
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2 walleye per day; no walleye 19 to 28 inches
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sauger
|
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2 per day
No statewide length limits
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yellow perch
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No statewide daily limit
No statewide length limits
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Lake Moomaw
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10 per day
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Below the fall line in all coastal rivers of the Chesapeake Bay
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No yellow perch less than 9 inches; no daily limit
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chain pickerel
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5 per day
No statewide length limits
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Gaston and Buggs Island (Kerr) Reservoirs
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No daily limit
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northern pike
|
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2 per day
No pike less than 20 inches
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muskellunge
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2 per day
No muskellunge less than 30 inches
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New River - Fields Dam (Grayson County) downstream to Claytor Dam, including Claytor Lake
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1 per day; no muskellunge less than 42 inches
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New River - Claytor Dam downstream to the VA - WV state line
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1 per day
June 1 - last day of February: No muskellunge 40 to 48 inches
March 1 - May 31: No muskellunge less than 48 inches
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bluegill (bream) and other sunfish excluding crappie, rock bass (redeye) and Roanoke bass
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50 per day in the aggregate
No statewide length limits
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Gaston and Buggs Island (Kerr) Reservoirs, including the Staunton (Roanoke) River and its tributaries to Difficult Creek, Charlotte County and the Dan River and its tributaries to the Banister River, Halifax County and that portion of the New River from the VA - NC state line downstream to the confluence of the New and Little Rivers in Grayson County
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No daily limit
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crappie (black or white)
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25 per day in the aggregate
No statewide length limits
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Lake Gaston and that portion of the New River from the VA - NC state line downstream to the confluence of the New and Little Rivers in Grayson County
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No daily limit
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Buggs Island (Kerr) Reservoir, including the Staunton (Roanoke) River and its tributaries to Difficult Creek, Charlotte County and the Dan River and its tributaries to the Banister River, Halifax County
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No crappie less than 9 inches
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Briery Creek and Sandy River Reservoirs
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No crappie less than 9 inches
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Flannagan and South Holston Reservoirs
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No crappie less than 10 inches
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rock bass (redeye)
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25 per day; in the aggregate with Roanoke bass
No statewide length limits
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Gaston and Buggs Island (Kerr) Reservoirs and that portion of the New River from the VA - NC state line downstream to the confluence of the New and Little Rivers in Grayson County
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No daily limit
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Nottoway, Meherrin, Blackwater (Franklin County), Falling, and Smith Rivers and their tributaries
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5 per day in the aggregate with Roanoke bass;
no rock bass less than 8 inches
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Roanoke bass
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25 per day in the aggregate with rock bass
No statewide length limits
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Nottoway, Meherrin, Blackwater (Franklin County), Falling, and Smith Rivers and their tributaries
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5 per day in the aggregate with rock bass;
no Roanoke bass less than 8 inches
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trout
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See 4VAC15-330. Fish: Trout Fishing.
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|
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catfish
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channel, white, and flathead catfish
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20 per day;
No length limits
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All rivers below the fall line
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No daily limit
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blue catfish
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20 per day;
No statewide length limits
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Lake Gaston
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No daily limit, except only 1 blue catfish per day longer than 32 inches
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Kerr Reservoir, including the Staunton (Roanoke) River and its tributaries to Difficult Creek, Charlotte County and the Dan River and its tributaries to the Banister River, Halifax County
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20 per day, except only 1 blue catfish per day longer than 32 inches
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James River and its tributaries below the fall line, Rappahannock River and its tributaries below the fall line, and York River and its tributaries (including the Pamunkey River and Mattaponi River) below the fall line
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No daily limit, except only 1 blue catfish per day longer than 32 inches
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All rivers below the fall line other than the James River and its tributaries, Rappahannock River and its tributaries, and the York River and its tributaries
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No daily limit
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|
yellow, brown, and black bullheads
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No daily limit;
No length limits
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|
|
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hickory shad
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Above and below the fall line in all coastal rivers of the Chesapeake Bay
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Creel and length limits shall be the same as those set by the Virginia Marine Resources Commission in tidal rivers
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|
|
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Meherrin River below Emporia Dam Nottoway River, Blackwater River (Chowan Drainage), North Landing and Northwest Rivers, and their tributaries plus Back Bay
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10 per day
No length limits
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|
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American shad
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No possession
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|
|
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anadromous (coastal) alewife and blueback herring
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Above and below the fall line in all coastal rivers of the Chesapeake Bay
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Creel and length limits shall be the same as those set by the Virginia Marine Resources Commission for these species in tidal rivers
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|
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Meherrin River, Nottoway River, Blackwater River (Chowan Drainage), North Landing and Northwest Rivers, and their tributaries plus Back Bay
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No possession
|
|
|
|
red drum
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Back Bay and tributaries including Lake Tecumseh and the North Landing River and its tributaries
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1 per day
No drum less than 18 inches or greater than 27 inches
|
|
|
|
spotted sea trout (speckled trout)
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Back Bay and tributaries including Lake Tecumseh and the North Landing River and its tributaries
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4 per day
No sea trout less than 14 inches
|
|
|
|
grey trout (weakfish)
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Back Bay and tributaries including Lake Tecumseh and North Landing River and its tributaries
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1 per day
No grey trout less than 12 inches
|
|
|
|
southern flounder
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Back Bay and tributaries including Lake Tecumseh and the North Landing River and its tributaries
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6 per day
No flounder less than 15 inches
|
|
|
|
northern snakehead
|
|
Anglers may possess snakeheads taken from Virginia waters if they immediately kill the fish and notify the headquarters or a regional office of the department; notification may be made by telephoning (804) 367-2925
No statewide daily limit
No statewide length limits
|
|
|
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longnose gar
|
|
July 1 to April 14: 5 per day
April 15 to June 30: 1 per day
No statewide length limits
|
|
|
|
bowfin
|
|
July 1 to April 14: 5 per day
April 15 to June 30: 1 per day
No statewide length limits
|
|
|
|
American eel
|
|
25 per day
No eel less than 9 inches
|
Back Bay and North Landing River
|
No possession limit for those individuals possessing a permit obtained under 4VAC15-340-80
|
|
other native or naturalized nongame fish
|
See 4VAC15-360-10. Fish: Aquatic Invertebrates, Amphibians, Reptiles, and Nongame Fish. Taking aquatic invertebrates, amphibians, reptiles, and nongame fish for private use.
|
|
|
endangered or threatened fish
|
See 4VAC15-20-130. Definitions and Miscellaneous: In General. Endangered and threatened species; adoption of federal list; additional species enumerated.
|
|
|
nonnative (exotic) fish
|
See 4VAC15-30-40. Definitions and Miscellaneous: Importation, Possession, Sale, Etc., of Animals. Importation requirements, possession and sale of nonnative (exotic) animals.
|
|
4VAC15-320-60. Approval required to stock fish into inland waters.
A. It shall be unlawful to stock any species of fish into any inland waters of the Commonwealth without first obtaining written approval to do so from the department. Nothing in this section shall be construed as restricting the use of native and naturalized species of fish in privately-owned ponds and lakes, except spotted bass, blue catfish, and their hybrids may not be stocked.
B. The Department of Wildlife Resources (department) shall issue a written stocking authorization within 15 business days of receipt of a completed Virginia Fish Stocking Authorization Form, unless the department determines that granting such authorization may (i) endanger any native or naturalized population of fish; (ii) introduce, enable, or enhance the spread of fish diseases, including parasites; or (iii) establish nonnative or exotic aquatic species where such species may displace, threaten, or endanger native or naturalized species. Where an exception to issuance exists, the application shall be denied.
C. The department shall set an expiration date for each stocking authorization issued, limit the authorization to a specific species of fish, and geographically limit the stocking authorization.
D. The department is authorized to modify or revoke any stocking authorization where the department discovers any situation listed in subsection B of this section to exist or where otherwise permitted by law or regulation.
NOTICE: The following forms used in administering the regulation have been filed by the agency. Amended or added forms are reflected in the listing and are published following the listing. Online users of this issue of the Virginia Register of Regulations may also click on the name to access a form. The forms are also available from the agency contact or may be viewed at the Office of Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.
FORMS (4VAC15-320)
Application/permit for striped bass fishing tournament (undated)
Nonresident Harvester's Permit to Take or Catch Fish in Back Bay and its Tributaries (eff. 9/2020)
Virginia Fish Stocking Authorization Form (eff. 8/2004)
VA.R. Doc. No. R22-7226; Filed November 30, 2022
TITLE 4. CONSERVATION AND NATURAL RESOURCES
DEPARTMENT OF WILDLIFE RESOURCES
Final
REGISTRAR'S NOTICE: The Board of Wildlife Resources is claiming an exemption from the Administrative Process Act pursuant to § 2.2-4002 A 3 of the Code of Virginia when promulgating regulations regarding the management of wildlife.
Title of Regulation: 4VAC15-330. Fish: Trout Fishing (amending 4VAC15-330-150).
Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.
Effective Date: January 1, 2023.
Agency Contact: Jeff Trollinger, Natural Resource Manager II, Department of Wildlife Resources, 7870 Villa Park Drive, #400, Henrico, VA 23228, telephone (804) 367-1134, or email jeff.trollinger@dwr.virginia.gov.
Summary:
The amendment adds a designated section of the North Fork Moormans River and its tributaries to the list of areas where trout fishing using artificial lures with a single hook is lawful year-round.
4VAC15-330-150. Special provision applicable to trout fishing using artificial lures with single hook.
It shall be lawful year around year-round to fish for trout using only artificial lures with single hooks within:
1. The Stewarts Creek Trout Management Area in Carroll County.
2. The Rapidan and Staunton Rivers and their tributaries upstream from a sign at the Lower Shenandoah National Park boundary in Madison County.
3. The Dan River and its tributaries between the Townes Dam and the Pinnacles Hydroelectric Project powerhouse in Patrick County.
4. The East Fork of Chestnut Creek (Farmers Creek) and its tributaries upstream from the Blue Ridge Parkway in Grayson and Carroll Counties.
5. Roaring Fork and its tributaries upstream from the southwest boundary of Beartown Wilderness Area in Tazewell County.
6. That section of the South Fork Holston River and its tributaries from the concrete dam at Buller Fish Culture Station downstream to the lower boundary of the Buller Fish Culture Station in Smyth County.
7. North Creek and its tributaries upstream from a sign at the George Washington National Forest North Creek Campground in Botetourt County.
8. Spring Run from it confluence with Cowpasture River upstream to a posted sign at the discharge for Coursey Springs Hatchery in Bath County.
9. Venrick Run and its tributaries within the Big Survey Wildlife Management Area and Town of Wytheville property in Wythe County.
10. Brumley Creek and its tributaries from the Hidden Valley Wildlife Management Area boundary upstream to the Hidden Valley Lake Dam in Washington County.
11. Stony Creek (Mountain Fork) and its tributaries within the Jefferson National Forest in Wise and Scott Counties from the outlet of High Knob Lake downstream to the confluence of Chimney Rock Fork and Stony Creek.
12. Little Stony Creek and its tributaries within the Jefferson National Forest in Scott County from the Falls of Little Stony Creek downstream to a posted sign at the Hanging Rock Recreation Area.
13. Little Tumbling Creek and its tributaries within the Clinch Mountain Wildlife Management Area in Smyth and Tazewell Counties downstream to the concrete bridge.
14. Big Tumbling Creek and its tributaries within the Clinch Mountain Wildlife Management Area in Smyth County from a sign starting at the foot of the mountain and extending upstream seasonally from October 1 until five days prior to the first Saturday in April.
15. South River in the City of Waynesboro from the Wayne Avenue Bridge downstream 2.2 miles to the Second Street Bridge.
16. Wolf Creek and its tributaries within the Abingdon Muster Grounds in the Town of Abingdon from Colonial Road downstream to Stone Mill Road.
17. Beaver Creek and its tributaries within the boundaries of Sugar Hollow Park in the City of Bristol.
18. Green Cove Creek in Washington County from Route 859 downstream to its mouth.
19. Whitetop Laurel Creek in Washington County upstream from the mouth of Straight Branch to a sign posted at the Forest Service boundary just downstream of Taylor Valley, and in Whitetop Laurel Creek in Washington County upstream from the first railroad trestle above Taylor Valley to the mouth of Green Cove Creek at Creek Junction.
20. Smith Creek in Alleghany County from the Clifton Forge Dam downstream to a sign at the Forest Service boundary above the C & O Dam.
21. Snake Creek in Carroll County below Hall Ford and that portion of Little Snake Creek below the junction of Routes 922 and 674, downstream to Route 58.
22. The North Fork Moormans River and its tributaries from the head of Sugar Hollow Reservoir upstream 0.3 miles to the Shenandoah National Park boundary.
All trout caught in these waters must be immediately returned to the water. No trout or bait may be in possession at any time in these areas.
VA.R. Doc. No. R22-7227; Filed November 30, 2022
TITLE 4. CONSERVATION AND NATURAL RESOURCES
DEPARTMENT OF WILDLIFE RESOURCES
Final
REGISTRAR'S NOTICE: The Board of Wildlife Resources is claiming an exemption from the Administrative Process Act pursuant to § 2.2-4002 A 3 of the Code of Virginia when promulgating regulations regarding the management of wildlife.
Title of Regulation: 4VAC15-350. Fish: Gigs, Grab Hooks, Trotlines, Snares, Etc. (amending 4VAC15-350-60, 4VAC15-350-70).
Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.
Effective Date: January 1, 2023.
Agency Contact: Jeff Trollinger, Natural Resource Manager II, Department of Wildlife Resources, 7870 Villa Park Drive, #400, Henrico, VA 23228, telephone (804) 367-1134, or email jeff.trollinger@dwr.virginia.gov.
Summary:
The amendments (i) add and set requirements for the use of limblines as a lawful method for fishing; (ii) clarify that longnose gar is a species that can be taken with a bow and arrow; (iii) prohibit use of poison arrows or arrows with exploding heads for taking for all species; (iv) limit take of bowfin and longnose gar to five fish per day from July 1 to April 14 and one fish per day from April 15 to June 30; and (v) add that any common carp, grass carp, northern snakehead, goldfish, catfish, longnose gar, or bowfin taken with bow and arrow or crossbow may not be released back into or disposed of in the water from which it was taken or be disposed of on publicly-owned land abutting the waters from which the fish was taken.
4VAC15-350-60. Trotlines, juglines, limblines, or set poles.
A. Generally. Except as otherwise provided by local legislation and by subsections B and C of this section, and except on waters stocked with trout and within 600 feet of any dam, it shall be lawful to use trotlines, juglines (single hook, including one treble hook, and line attached to a float), limblines, or set poles for the purpose of taking nongame fish (daily creel (possession) and length limits for nongame fish are found in 4VAC15-320-25) and snapping turtles (limits for snapping turtles are found in 4VAC15-360-10), provided that no live bait is used. Notwithstanding the provisions of this section, live bait other than game fish may be used on trotlines to take catfish in the Clinch River in the Counties of Russell, Scott, and Wise. Any person setting or in possession of a trotline, jugline, limbline, or set pole shall have it clearly marked by permanent means with his name, address, and telephone number, and is required to check all lines at least once each day, remove all fish and animals caught, and completely remove all lines from the water, shoreline, and tree limbs when not in use. This requirement shall not apply to landowners on private ponds, nor to a bona fide tenant or lessee on private ponds within the bounds of land rented or leased, nor to anyone transporting any such device from its place of purchase.
B. Quantico Marine Reservation. It shall be unlawful to fish with trotlines in any waters within the confines of Quantico Marine Reservation.
C. Additional jugline requirements. Jugline sets (except as exempt under subsection A of this section) shall be restricted to 20 per angler and must be attended (within sight) by anglers at all times. Also, in addition to being labeled with the angler's name, address, and telephone number, jugs shall also be labeled with a reflective marker that encircles the jugs to allow for visibility at night.
4VAC15-350-70. Taking of fish with bow and arrow or crossbow.
A. Season. Except as otherwise provided by local legislation or as posted, it shall be lawful to take common carp, northern snakehead, goldfish, and longnose gar from the public inland waters of the Commonwealth, grass carp from public rivers and streams of the Commonwealth except public inland lakes and reservoirs, and bowfin and catfish from below the fall line in tidal rivers of the Chesapeake Bay, except waters stocked with trout, by means of bow and arrow or crossbow.
B. Poison arrows or explosive-head arrows prohibited. It shall be unlawful to use poison arrows or arrows with explosive heads at any time for the purpose of taking common carp, grass carp, northern snakehead, bowfin, catfish, goldfish, or gar in the public inland waters of the Commonwealth.
C. Fishing license required. All persons taking fish in the manner described in this section shall be required to have a regular fishing license.
D. Creel limits. The creel limits for common carp, grass carp, northern snakehead, goldfish, and catfish shall be unlimited, provided that any angler taking northern snakehead immediately kill such fish and notify the department, as soon as practicable, of such actions and provided that any angler taking grass carp ensure that harvested fish are dead. The creel limit for bowfin and longnose gar shall be five fish per day from July 1 to April 14 and one fish per day from April 15 to June 30.
E. Retention requirement. Any common carp, grass carp, northern snakehead, goldfish, catfish, longnose gar, or bowfin taken with bow and arrow or crossbow must be retained and may not be released back into or disposed of in the water. Any common carp, grass carp, northern snakehead, goldfish, longnose gar, or bowfin taken with bow and arrow or crossbow may not be disposed of on property abutting the body of water of capture. These requirements shall not apply to private bodies of water or private property abutting the body of water of capture.
VA.R. Doc. No. R22-7228; Filed November 30, 2022
TITLE 4. CONSERVATION AND NATURAL RESOURCES
DEPARTMENT OF WILDLIFE RESOURCES
Final
REGISTRAR'S NOTICE: The Board of Wildlife Resources is claiming an exemption from the Administrative Process Act pursuant to § 2.2-4002 A 3 of the Code of Virginia when promulgating regulations regarding the management of wildlife.
Title of Regulation: 4VAC15-360. Fish: Aquatic Invertebrates, Amphibians, Reptiles, and Nongame Fish (amending 4VAC15-360-10, 4VAC15-360-20).
Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.
Effective Date: January 1, 2023.
Agency Contact: Jeff Trollinger, Natural Resource Manager II, Department of Wildlife Resources, 7870 Villa Park Drive, #400, Henrico, VA 23228, telephone (804) 367-1134, or email jeff.trollinger@dwr.virginia.gov.
Summary:
The amendments (i) clarify that no more than 20 of the 50 individuals of fish bait allowed for possession may be crayfish; (ii) require that any crayfish collected for use as fish bait only be used as fish bait in the water body where the crayfish was captured; (iii) prohibit taking any species of crayfish in the Big Sandy River Basin in Virginia without a permit; and (iv) prohibit taking minnows and chubs for sale from inland waters and eliminate associated recordkeeping requirements.
4VAC15-360-10. Taking aquatic invertebrates, amphibians, reptiles, and nongame fish for private use.
A. Possession limits. Except as otherwise provided for in § 29.1-418 of the Code of Virginia, 4VAC15-20-130, 4VAC15-320-40, and the sections of this chapter, it shall be lawful to capture and possess live for private use and not for sale or export no more than one individual of any native or naturalized, as defined in 4VAC15-20-50, species of amphibian or reptile per physical address, and 20 individuals of any single native or naturalized (as defined in 4VAC15-20-50) species of aquatic invertebrate and nongame fish unless specifically listed in this subsection:
1. The following species may be taken in unlimited numbers from inland waters statewide: carp, mullet, yellow bullhead, brown bullhead, black bullhead, flat bullhead, snail bullhead, white sucker, northern hogsucker, gizzard shad, threadfin shad, blueback herring (see 4VAC15-320-25 for anadromous blueback herring limits), white perch, yellow perch, alewife (see 4VAC15-320-25 for anadromous alewife limits), stoneroller (hornyhead), fathead minnow, golden shiner, goldfish, and Asian clams. Grass carp may only be harvested in unlimited numbers from public inland rivers and streams of the Commonwealth. It is unlawful to harvest grass carp from any public inland lake and reservoir. Anglers taking grass carp must ensure that all harvested grass carp are dead.
2. See 4VAC15-320-25 for American shad, hickory shad, channel catfish, white catfish, flathead catfish, and blue catfish limits.
3. For the purpose of this chapter, "fish bait" shall be defined as native or naturalized species of minnows and chubs (Cyprinidae), crayfish, and hellgrammites. The possession limit for taking "fish bait" shall be 50 individuals in aggregate, of which no more than 20 individuals may be crayfish, unless said person has purchased "fish bait" and has a receipt specifying the number of individuals purchased by species, except salamanders and crayfish which cannot be sold pursuant to the provisions of 4VAC15-360-60 and 4VAC15-360-70. However, stonerollers (hornyheads), fathead minnows, golden shiners, and goldfish may be taken and possessed in unlimited numbers as provided for in subdivision 1 of this subsection.
4. Any crayfish collected for use as fish bait may only be used as fish bait in the water body of capture.
5. The daily limit for bullfrogs shall be 15 and for snapping turtles shall be five. Snapping turtles shall only be taken from June 1 to September 30 and must have a minimum curved-line carapace length of 13 inches. Bullfrogs and snapping turtles may not be taken from the banks or waters of designated stocked trout waters.
5. 6. The following species may not be taken or possessed in any number for private use: red-eared slider and all reptile and amphibian Species of Greatest Conservation Need designated in Virginia's 2015 Wildlife Action Plan.
6. 7. Native amphibians and reptiles, as defined in 4VAC15-20-50, that are captured within the Commonwealth and possessed live for private use and not for sale may be liberated under the following conditions:
a. Period of captivity does not exceed 30 days;
b. Animals must be liberated at the site of capture;
c. Animals must have been housed separately from other wild-caught and domestic animals; and
d. Animals that demonstrate symptoms of disease or illness or that have sustained injury during their captivity may not be released.
7. 8. Native or naturalized amphibians and reptiles, as defined in 4VAC15-20-50, may not be taken or possessed in any number from state or federal land without an appropriate permit or license.
B. Methods of taking species in subsection A of this section. Except as otherwise provided for in the Code of Virginia, 4VAC15-20-130, 4VAC15-320-40, and other regulations of the board, and except in any waters where the use of nets is prohibited, the species listed in subsection A of this section may only be taken (i) by hand, hook, and line; (ii) with a seine not exceeding four feet in depth by 10 feet in length; (iii) with an umbrella type net not exceeding five by five feet square; (iv) by small minnow traps with throat openings no larger than one inch in diameter; (v) with cast nets; and (vi) with hand-held bow nets with diameter not to exceed 20 inches and handle length not to exceed eight feet (such cast net and hand-held bow nets when so used shall not be deemed dip nets under the provisions of § 29.1-416 of the Code of Virginia). Gizzard shad and white perch may also be taken from below the fall line in all tidal rivers of the Chesapeake Bay using a gill net in accordance with Virginia Marine Resources Commission recreational fishing regulations. Bullfrogs may also be taken by gigging or bow and arrow and, from private waters, by firearms no larger than.22 caliber rimfire. Snapping turtles may be taken for personal use with hoop nets not exceeding six feet in length with a throat opening not exceeding 36 inches.
C. Areas restricted from taking mollusks. Except as provided for in §§ 29.1-418 and 29.1-568 of the Code of Virginia, it shall be unlawful to take the spiny riversnail (Io fluvialis) in the Tennessee drainage in Virginia (Clinch, Powell, and the North, South, and Middle Forks of the Holston Rivers and tributaries). It shall be unlawful to take mussels from any inland waters of the Commonwealth.
D. Areas restricted from taking crustaceans. Except for the permitted collection of specimens as provided for in § 29.1-418 of the Code of Virginia or the permitted taking for zoological, educational, or scientific purposes as provided for in § 29.1-568 of the Code of Virginia, it shall be unlawful to take any species of crayfish in the Big Sandy River Basin in Virginia (Russell Fork, Pound River, Cranes Nest River, McClure River, Levisa Fork, Dismal Creek, Knox Creek, and tributaries).
E. Reduction of possession limits for native and naturalized amphibians and reptiles. Any person in possession of legally-obtained native and naturalized amphibians and reptiles, as defined in 4VAC15-20-50, prior to the change in personal possession allowances in subsection A of this section, effective July 1, 2021, must declare such possession to the department by January 1, 2022, in a manner prescribed by the department. This declaration shall serve as authorization for possession only and is not transferable.
4VAC15-360-20. Taking minnows and chubs for sale.
A. "Haul seine" defined. "Haul seine," as used in this section, when used in the inland waters of the Commonwealth above where the tide ebbs and flows, shall mean a haul seine not exceeding four feet in depth by 15 feet in length, and when used in the public inland waters below where the tide ebbs and flows, shall mean a haul seine not exceeding four feet in depth by 100 feet in length. Such a term shall be construed also to include umbrella type nets without limit as to size and also small minnow traps with throat openings no larger than one inch in diameter.
B. Permit required. It shall be lawful unlawful to take minnows and chubs (Cyprinidae) for sale from the inland waters of the Commonwealth with a permit as provided for in § 29.1-416 of the Code of Virginia except that it is unlawful to take threatened and endangered species as listed in 4VAC15-20-130.
C. Permit holder to be present when seine operated; persons assisting. The holder of a permit to seine for minnows and chubs (Cyprinidae) must be present at all times when the seine is being operated to catch minnows and chubs (Cyprinidae). Persons assisting in the operation of the haul seine need not obtain permits.
D. Records. The holder of a permit to take minnows and chubs (Cyprinidae) for sale shall keep a record of the approximate number of minnows and chubs (Cyprinidae) taken by location (name and county of water body) and sold, together with the amount received therefor.
E. Commercial bait operations. C. Commercial bait operations must have a Permit to Hold or Sell Certain Wildlife or a Permit to Propagate and Sell Certain Wildlife. With the exception of those species listed in 4VAC15-20-130, these operations may possess and sell unlimited quantities of minnows and chubs (Cyprinidae), when possession is accompanied by a valid invoice or bill of sale from an individual permitted under subsection B of this section or from a properly permitted aquaculture facility in Virginia or out-of-state.
VA.R. Doc. No. R22-7229; Filed November 30, 2022
TITLE 4. CONSERVATION AND NATURAL RESOURCES
DEPARTMENT OF WILDLIFE RESOURCES
Final
REGISTRAR'S NOTICE: The Board of Wildlife Resources is claiming an exemption from the Administrative Process Act pursuant to § 29.1-701 E of the Code of Virginia, which provides that the board shall promulgate regulations to supplement Chapter 7 (§ 29.1-700 et seq.) of Title 29.1 of the Code of Virginia as prescribed in Article 1 (§ 29.1-500 et seq.) of Chapter 5 of Title 29.1 of the Code of Virginia.
Title of Regulation: 4VAC15-370. Watercraft: In General (adding 4VAC15-370-45).
Statutory Authority: §§ 29.1-701 and 29.1-735 of the Code of Virginia.
Effective Date: January 1, 2023.
Agency Contact: Jeff Trollinger, Natural Resource Manager II, Department of Wildlife Resources, 7870 Villa Park Drive, #400, Henrico, VA 23228, telephone (804) 367-1134, or email jeff.trollinger@dwr.virginia.gov.
Summary:
The amendments require that watercraft operators (i) clean any aquatic organisms or vegetation from the vessel, trailer, and equipment before departing the boating area and (ii) drain bilge tanks, livewells, and ballast tanks before departing a body of water.
4VAC15-370-45. Invasive species prevention.
Before leaving the area where the watercraft has been removed from the water, all aquatic vegetation must be removed from the vessel, trailer, and equipment. At the same time, watercraft operators must also remove or open water drain plugs from bilges of watercraft. Operators shall take reasonable measures to dry bilges, livewells, baitwells, and ballast tanks on a watercraft before it is used on another body of water.
VA.R. Doc. No. R22-7230; Filed November 30, 2022
TITLE 4. CONSERVATION AND NATURAL RESOURCES
DEPARTMENT OF WILDLIFE RESOURCES
Final
REGISTRAR'S NOTICE: The Board of Wildlife Resources is claiming an exemption from the Administrative Process Act pursuant to § 29.1-701 E of the Code of Virginia, which provides that the board shall promulgate regulations to supplement Chapter 7 (§ 29.1-700 et seq.) of Title 29.1 of the Code of Virginia as prescribed in Article 1 (§ 29.1-500 et seq.) of Chapter 5 of Title 29.1 of the Code of Virginia.
Title of Regulation: 4VAC15-390. Watercraft: Safe and Reasonable Operation of Vessels (adding 4VAC15-390-85).
Statutory Authority: §§ 29.1-701 and 29.1-735 of the Code of Virginia.
Effective Date: January 1, 2023.
Agency Contact: Jeff Trollinger, Natural Resource Manager II, Department of Wildlife Resources, 7870 Villa Park Drive, #400, Henrico, VA 23228, telephone (804) 367-1134, or email jeff.trollinger@dwr.virginia.gov.
Summary:
The amendments (i) add a requirement that vessel operators give right-of-way and reduce speed to no wake when approaching law-enforcement vessels or emergency services vessels and (ii) provide a Class 3 misdemeanor and mandatory participation in a boating safety class for failing to comply.
4VAC15-390-85. Operators to give right-of-way and reduce speed.
Every motorboat, when approaching or passing within 200 feet of any law-enforcement vessel or emergency services vessel that is displaying flashing blue or red lights shall slow to no wake speed so that the effect of the wake does not disturb the activities of law-enforcement personnel or emergency services personnel. Where the operator of a motorboat fails to comply with the provisions of this section and such failure endangers the life or limb of any person or endangers or damages vessels, the operator shall be guilty of a Class 3 misdemeanor. Upon conviction, the operator shall additionally be required to complete and pass a National Association of State Boating Law Administrators approved safe boating course as required in § 29.1-746 of the Code of Virginia.
VA.R. Doc. No. R22-7232; Filed November 30, 2022
TITLE 4. CONSERVATION AND NATURAL RESOURCES
DEPARTMENT OF WILDLIFE RESOURCES
Final
REGISTRAR'S NOTICE: The Board of is Wildlife Resources claiming an exemption from the Administrative Process Act pursuant to § 29.1-701 E of the Code of Virginia, which provides that the board shall promulgate regulations to supplement Chapter 7 (§ 29.1-700 et seq.) of Title 29.1 of the Code of Virginia as prescribed in Article 1 (§ 29.1-500 et seq.) of Chapter 5 of Title 29.1 of the Code of Virginia.
Title of Regulation: 4VAC15-430. Watercraft: Safety Equipment Requirements (amending 4VAC15-430-20, 4VAC15-430-160 through 4VAC15-430-200).
Statutory Authority: §§ 29.1-701 and 29.1-735 of the Code of Virginia.
Effective Date: January 1, 2023.
Agency Contact: Jeff Trollinger, Natural Resource Manager II, Department of Wildlife Resources, 7870 Villa Park Drive, #400, Henrico, VA 23228, telephone (804) 367-1134, or email jeff.trollinger@dwr.virginia.gov.
Summary:
The amendments (i) clarify the definition of a throwable and wearable personal floatation device to match current U.S. Coast Guard standards; (ii) list the current U.S. Coast Guard website for approved equipment; and (iii) adjust the fire extinguisher classification types and requirements for vessels to match current U.S. Coast Guard standards.
4VAC15-430-20. Definitions.
As used in this chapter the following words and terms shall have the following meanings:
"Coastal waters" means the territorial seas of the United States, and those waters directly connected to the territorial seas (i.e., bays, sounds, harbors, rivers, inlets, etc.) where any entrance exceeds two nautical miles between opposite shorelines to the first point where the largest distance between shorelines narrows to two miles, as shown on the current edition of the appropriate National Ocean Service chart used for navigation. Shorelines of islands or points of land present within a waterway are considered when determining the distance between opposite shorelines.
"Passenger" means every person carried on board a vessel other than:
1. The owner or his representative;
2. The operator;
3. Bona fide members of the crew engaged in the business of the vessel who have contributed no consideration for their carriage and who are paid for their services; or
4. Any guest on board a vessel that is being used exclusively for pleasure purposes who has not contributed any consideration, directly or indirectly, for his carriage.
"Personal flotation device" or "PFD" means a device that is approved by the U.S. Coast Guard.
"Racing shell, rowing scull, racing canoe, and racing kayak" means a manually propelled vessel that is recognized by national or international racing associations for use in competitive racing and one in which all occupants row, scull, or paddle, with the exception of a coxswain, if one is provided, and is not designed to carry and does not carry any equipment not solely for competitive racing.
"Recreational vessel" means any vessel being manufactured or operated primarily for pleasure, or leased, rented, or chartered to another for the latter's pleasure. It does not include any vessel engaged in the carrying of any passengers for consideration.
"Sailboard" means a sail-propelled vessel with no freeboard and equipped with a swivel-mounted mast not secured to a hull by guys or stays.
"Throwable PFD" means a PFD that is intended to be thrown to a person in the water. A PFD marked as Type IV or Type V with Type IV performance is considered a throwable PFD unless specifically marked otherwise. A wearable PFD is not a throwable PFD.
"Use" means operate, navigate, or employ.
"Vessel" means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water, but does not include surfboards, tubes, swimming rafts, inflatable toys, and similar devices routinely used as water toys or swimming aids.
"Visual distress signal" means a device that is approved by the U.S. Coast Guard or certified by the manufacturer.
"Wearable PFD" means a PFD that is intended to be worn or otherwise attached to the body. A PFD marked as Type I, Type II, Type III, or Type V with Type I, II, or III performance is considered a wearable PFD.
4VAC15-430-160. Fire extinguishing equipment application and general provisions.
A. The provisions of this section through 4VAC15-430-210, with the exception of 4VAC15-430-200, shall apply to all vessels contracted for on or after November 19, 1952. Vessels contracted for prior to that date shall meet the requirements of 4VAC15-430-200.
B. Where equipment in this section is required to be of an approved type, such equipment requires the specific approval of the U.S. Coast Guard. A listing of current and formerly approved equipment and materials may be found at https://cgmix.uscg.mil/%u200Bequipment.
C. All hand-portable fire extinguishers, semiportable fire extinguishing systems, and fixed fire extinguishing systems shall be of a type approved by the U.S. Coast Guard and shall have an efficient charge and be in good and serviceable condition as referenced in 4VAC15-430-170.
4VAC15-430-170. Hand-portable fire extinguishers and semiportable fire extinguishing systems.
A. Hand-portable fire extinguishers and semiportable fire extinguishing systems are classified by a combination letter and number symbol, the letter indicating the type of fire that the unit could be expected to extinguish, and the number indicating the relative size of the unit.
B. For the purpose of this section, all required hand-portable fire extinguishers and semiportable fire extinguishing systems are of the "B" type; i.e. that is, suitable for extinguishing fires involving flammable liquids, greases, etc.
C. The number designations for size will start with "I" for the smallest to "V" for the largest. For the purpose of this section, only sizes I through III will be considered. Sizes I and II are considered hand-portable fire extinguishers and sizes III, IV, and V are considered semiportable fire extinguishing systems that shall be fitted with suitable hose and nozzle or other practicable means so that all portions of the space concerned may be covered. Examples of size graduations for some of the typical hand-portable fire extinguishers and semiportable fire extinguishing systems are set forth in the following table:
|
Classification
|
Foam (gallons)
|
Carbon Dioxide (pounds)
|
Dry Chemical (pounds)
|
|
Type
|
Size
|
|
B
|
I
|
1.75
|
4
|
2
|
|
B
|
II
|
2.50
|
15
|
10
|
|
B
|
III
|
12.00
|
35
|
20
|
All fire extinguishers must be on board and readily accessible, in good and serviceable working condition, and comply with the following:
1. If the extinguisher has a pressure gauge reading or indicator, it must be in the operable range or position.
2. The extinguisher may not be expired or appear to have been previously used.
3. The lock pin is firmly in place.
4. The discharge nozzle is clean and free of obstruction.
5. The extinguisher does not show visible signs of significant corrosion or damage.
D. All hand-portable fire extinguishers and semiportable fire extinguishing systems shall have permanently attached thereto a metallic name plate giving the name of the item, the rated capacity in gallons, quarts, or pounds, the name and address of the person or firm for whom approved, and the identifying mark of the actual manufacturer.
E. Vaporizing-liquid type fire extinguishers containing carbon tetrachloride or chlorobromomethane or other toxic vaporizing liquids are not acceptable as equipment required by this section.
F. Hand-portable or semiportable extinguishers that are required on their name plates to be protected from freezing shall not be located where freezing temperatures may be expected.
G. The use of dry chemical, stored pressure, fire extinguishers not fitted with pressure gauges or indicating devices, manufactured prior to January 1, 1965, may be permitted on motorboats and other vessels so long as such extinguishers are maintained in good and serviceable condition. The following maintenance and inspections are required for such extinguishers:
1. When the date on the inspection record tag on the extinguishers shows that six months have elapsed since last weight check ashore, then such extinguisher is no longer accepted as meeting required maintenance conditions until reweighed ashore and found to be in a serviceable condition and within required weight conditions.
2. If the weight of the container is one-fourth ounce less than that stamped on container, it shall be serviced.
3. If the outer seal or seals (which indicate tampering or use when broken) are not intact, the boarding officer or marine inspector will inspect such extinguisher to see that the frangible disc in neck of the container is intact; and if such disc is not intact, the container shall be serviced.
4. If there is evidence of damage, use, or leakage, such as dry chemical powder observed in the nozzle or elsewhere on the extinguisher, the container shall be replaced with a new one and the extinguisher properly serviced or the extinguisher replaced with another approved extinguisher.
H. The dry chemical, stored pressure, fire extinguishers without pressure gauges or indicating devices manufactured after January 1, 1965, shall not be carried on board motorboats or other vessels as required equipment.
4VAC15-430-180. Fixed fire extinguishing systems.
When a fixed fire extinguishing system is installed, it shall be of an approved carbon dioxide type, that is designed and installed in agreement with the applicable provisions required by the U.S. Coast Guard.
4VAC15-430-190. Fire extinguishing equipment required.
A. Motorboats.
1. All motorboats shall carry at least the minimum number of hand-portable fire extinguishers set forth in the following table, except that motorboats less than 26 feet in length, propelled by outboard motors and not carrying passengers for hire, need not carry such portable fire extinguishers if the construction of such motorboats will not permit the entrapment of explosive or flammable gases or vapors.
|
Length, feet
|
Minimum number of B-I 5-B hand-portable fire extinguishers required1
|
|
No fixed fire extinguishing systems in machinery space
|
Fixed fire extinguishing system in machinery space
|
|
Under 16
|
1
|
0
|
|
16 to less than 26
|
1
|
0
|
|
26 to less than 40
|
2
|
1
|
|
40 to 65
|
3
|
2
|
1One B-II 20-B hand-portable fire extinguisher may be substituted for two B-I 5-B hand-portable fire extinguishers.
2. Fire extinguishers are required if any one or more of the following conditions exist:
a. Closed compartment under thwarts and seats wherein portable fuel tanks may be stored.
b. Double bottoms not sealed to the hull or that are not completely filled with flotation material.
c. Closed living spaces.
d. Closed stowage compartments in which combustible or flammable materials are stowed.
e. Permanently installed fuel tanks.
3. The following conditions do not, in themselves, require that fire extinguishers be carried:
a. Bait wells.
b. Glove compartments.
c. Buoyant flotation material.
d. Open slatted flooring.
e. Ice chests.
B. Motor vessels Motorboats greater than 65 feet in length.
1. All motor vessels motorboats greater than 65 feet in length shall carry at least the minimum number of hand-portable fire extinguishers set forth in the following table below:
|
Gross tonnage
|
Minimum number of B-II 20-B hand-portable fire extinguishers
|
|
Over
|
Not over
|
|
50
|
2
|
|
50
|
100
|
2
|
|
100
|
500
|
3
|
|
500
|
1000
|
6
|
|
1000
|
|
8
|
2. In addition to the hand-portable fire extinguishers required by subdivision 1 of this subsection, the following fire-extinguishing equipment shall be fitted in the machinery space:
a. One Type B-II 20-B hand-portable fire extinguisher shall be carried for each 1,000 B.H.P. of the main engines or fraction thereof. However, not more than six such extinguishers need be carried.
b. On motor vessels motorboats of over 300 gross tons, either one Type B-III 160-B semiportable fire-extinguishing system shall be fitted, or alternatively, a fixed fire extinguishing system shall be fitted in the machinery space.
3. The frame or support of each Type B-III 160-B fire extinguisher required by subdivision 2 b of this subsection must be welded or otherwise permanently attached to a bulkhead or deck.
4. If an approved semiportable fire extinguisher has wheels and is not required by this section, it must be securely stowed when not in use to prevent it from rolling out of control under heavy sea conditions.
C. Barges carrying passengers.
1. Every barge of 65 feet in length or less while carrying passengers when towed or pushed by a motorboat, motor vessel, or steam vessel shall be fitted with hand-portable fire extinguishers as required by the table in subsection B of this section, depending upon the length of the barge.
2. Every barge of over 65 feet in length while carrying passengers when towed or pushed by a motorboat, motor vessel, or steam vessel shall be fitted with hand-portable fire extinguishers as required by the table in subsection B of this section, depending upon the gross tonnage of the barge.
4VAC15-430-200. Fire extinguishing equipment on vessels contracted prior to November 19, 1952 Condition and number of fire extinguishers required for recreational vessels.
A. Condition and number of fire extinguishers required for recreational vessels built model year 2017 or earlier, between 1953 and 2017, and contracted prior to November 19, 1953.
1. Previously installed extinguishers with extinguishing capacities that are less than what is required in the tables contained in 4VAC15-430-190 need not be replaced but must be maintained in good condition.
2. All extinguishers installed after August 22, 2016, must meet the applicable requirements in 4VAC15-160 through 4VAC15-210.
B. Vessels contracted for prior to November 19, 1952, shall meet the applicable provisions of 4VAC15-430-160 through 4VAC15-430-190 insofar as the number and general type of equipment is concerned. Existing items of equipment and installations previously approved but not meeting the applicable requirements for type approval may be continued in service so long as they are in good condition. All new installations and replacements shall meet the requirements of 4VAC15-430-160 through 4VAC15-430-190.
VA.R. Doc. No. R22-7233; Filed November 30, 2022
TITLE 4. CONSERVATION AND NATURAL RESOURCES
DEPARTMENT OF WILDLIFE RESOURCES
Final
REGISTRAR'S NOTICE: The Board of Wildlife Resources is claiming an exemption from the Administrative Process Act pursuant to § 29.1-701 E of the Code of Virginia, which provides that the board shall promulgate regulations to supplement Chapter 7 (§ 29.1-700 et seq.) of Title 29.1 of the Code of Virginia as prescribed in Article 1 (§ 29.1-500 et seq.) of Chapter 5 of Title 29.1 of the Code of Virginia.
Title of Regulation: 4VAC15-440. Watercraft: Commercial Vessel Safety Equipment Requirements (amending 4VAC15-440-20).
Statutory Authority: §§ 29.1-701 and 29.1-735 of the Code of Virginia.
Effective Date: January 1, 2023.
Agency Contact: Jeff Trollinger, Natural Resource Manager II, Department of Wildlife Resources, 7870 Villa Park Drive, #400, Henrico, VA 23228, telephone (804) 367-1134, or email jeff.trollinger@dwr.virginia.gov.
Summary:
The amendments (i) make kapok and fibrous glass life preservers that do not have plastic-covered pad inserts acceptable personal floatation devices and (ii) change the term "Type V" commercial hybrid personal floatation device to the U.S. Coast Guard's new term "performance level 150."
4VAC15-440-20. Lifesaving equipment required.
A. It shall be unlawful to operate a vessel to which this chapter applies unless it meets the requirements of this section.
B. Each vessel not carrying passengers for hire less than 40 feet in length must have at least one U.S. Coast Guard approved life preserver (Type I PFD), buoyant vest (Type II PFD), or marine buoyant device intended to be worn (Type III PFD), of a suitable size for each person on board. Kapok and fibrous glass life preservers that do not have plastic-covered pad inserts as required by the U.S. Coast Guard are not acceptable as equipment required by this subsection.
C. Each vessel carrying passengers for hire and each vessel 40 feet in length or longer not carrying passengers for hire must have at least one approved (Type I PFD) life preserver of a suitable size for each person on board. Kapok and fibrous glass life preservers that do not have plastic-covered pad inserts as required by the U.S. Coast Guard are not acceptable as equipment required by this subsection.
D. In addition to the equipment required by subsections subsection B or C of this section, each vessel 26 feet in length or longer must have at least one approved ring life buoy, constructed in accordance with requirements of the U.S. Coast Guard.
E. Each vessel not carrying passengers for hire may substitute an immersion suit for a life preserver, buoyant vest, or marine buoyant device required under subsection B or C of this section. Each immersion suit carried in accordance with this subsection must be of a type approved by the U.S. Coast Guard.
F. On each vessel, regardless of length and regardless of whether carrying passengers for hire, an approved commercial hybrid PFD may be substituted for a life preserver, buoyant vest, or marine buoyant device required under subsection B or C of this section if it is:
1. Used in accordance with the conditions marked on the PFD and in the owner's manual;
2. Labeled for use on commercial vessels; and
3. In the case of a Type V performance level 150 commercial hybrid PFD, worn when the vessel is underway and the intended wearer is not within an enclosed space.
VA.R. Doc. No. R22-7234; Filed November 30, 2022
TITLE 9. ENVIRONMENT
VIRGINIA WASTE MANAGEMENT BOARD
Final
REGISTRAR'S NOTICE: The following regulatory action is exempt from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 4 c of the Code of Virginia, which excludes regulations that are necessary to meet the requirements of federal law or regulations, provided such regulations do not differ materially from those required by federal law or regulation. The Virginia Waste Management Board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.
Title of Regulation: 9VAC20-60. Virginia Hazardous Waste Management Regulations (amending 9VAC20-60-18).
Statutory Authority: § 10.1-1402 of the Code of Virginia; 42 USC § 6921; 40 CFR Parts 260 through 272.
Effective Date: January 18, 2023.
Agency Contact: Lisa A. Ellis, Hazardous Waste Compliance Program Coordinator, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 912-7366, FAX (804) 698-4178, or email lisa.ellis@deq.virginia.gov.
Summary:
The amendments (i) update the citation to Title 40 of the Code of Federal Regulations incorporated by reference in the regulation to that published July 1, 2022; (ii) include the provisions of the U.S. Environmental Protection Agency's (EPA's) Increasing Recycling: Adding Aerosol Cans to the Universal Waste Regulations; and (ii) exclude EPA's Conforming Changes to Canada-Specific Hazardous Waste Import-Export Recovery and Disposal Operation Codes, which will be adopted during the next regulatory update cycle.
9VAC20-60-18. Applicability of incorporated references based on the dates on which they became effective.
Except as noted, when a regulation of the U.S. Environmental Protection Agency (EPA) set forth in Title 40 of the Code of Federal Regulations is referenced and incorporated into this chapter, that regulation shall be as it exists and has been published in the July 1, 2021 2022, annual edition; however, the incorporation by reference of Title 40 of the Code of Federal Regulations shall not include the requirements of EPA's Response to Vacatur of Certain Provisions of the Definition of Solid Waste Rule (83 FR 24664, May 30, 2018) or Increasing Recycling: Adding Aerosol Cans to the Universal Waste Regulations (84 FR 67202, December 9, 2019) Conforming Changes to Canada-specific Hazardous Waste Import-Export Recovery and Disposal Operation Codes (86 FR 54381, October 1, 2021).
VA.R. Doc. No. R23-7215; Filed November 28, 2022
TITLE 9. ENVIRONMENT
VIRGINIA WASTE MANAGEMENT BOARD
Final
REGISTRAR'S NOTICE: The following regulatory action is exempt from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 4 c of the Code of Virginia, which excludes regulations that are necessary to meet the requirements of federal law or regulations, provided such regulations do not differ materially from those required by federal law or regulation. The Virginia Waste Management Board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.
Title of Regulation: 9VAC20-110. Regulations Governing the Transportation of Hazardous Materials (amending 9VAC20-110-110).
Statutory Authority: §§ 10.1-1450 and 44-146.30 of the Code of Virginia; 49 USC §§ 1809 through 1810; 49 CFR Parts 107, 170 through 180, 383, and 390 through 397.
Effective Date: January 18, 2023.
Agency Contact: William K. Norris, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 350-2743, FAX (804) 698-4178, or email william.norris@deq.virginia.gov.
Summary:
The amendment updates the federal regulations from Title 49 of the Code of Federal Regulations that are incorporated by reference into Virginia's Regulations Governing the Transportation of Hazardous Materials (9VAC20-110) to the latest version as published on October 1, 2022.
9VAC20-110-110. Compliance.
Every person who transports or offers for transportation hazardous materials within or through the Commonwealth of Virginia shall comply with the federal regulations governing the transportation of hazardous materials promulgated by the U.S. Secretary of Transportation with amendments promulgated as of October 1, 2019 2022, pursuant to the Hazardous Materials Transportation Act, and located at Title 49 of the Code of Federal Regulations as set forth below and which are incorporated in these regulations by reference:
1. Special Permits. 49 CFR Part 107, Subpart B.
2. Registration of Cargo Tank and Cargo Tank Motor Vehicle Manufacturers, Assemblers, Repairers, Inspectors, Testers, and Design Certifying Engineers in 49 CFR Part 107, Subpart F.
3. Registration of Persons Who Offer or Transport Hazardous Materials in 49 CFR Part 107, Subpart G.
4. Hazardous Materials Regulations in 49 CFR Parts 171 through 177.
5. Specifications for Packagings in 49 CFR Part 178.
6. Specifications for Tank Cars in 49 CFR Part 179.
7. Continuing Qualification and Maintenance of Packagings in 49 CFR Part 180.
8. Motor Carrier Safety Regulations in 49 CFR Parts 390 through 397.
VA.R. Doc. No. R23-7334; Filed November 28, 2022
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Final
Title of Regulation: 9VAC25-260. Water Quality Standards (amending 9VAC25-260-50, 9VAC25-260-140, 9VAC25-260-185, 9VAC25-260-187, 9VAC25-260-310, 9VAC25-260-390, 9VAC25-260-400, 9VAC25-260-410, 9VAC25-260-420, 9VAC25-260-440, 9VAC25-260-470, 9VAC25-260-500).
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, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804)774-9180, FAX (804) 698-4178, or email david.whitehurst@deq.virginia.gov.
Summary:
The amendments update numerical and narrative criteria, use designations, and other policies based on current scientific information. The changes include: (i) adding freshwater aluminum criteria; (ii) adding a special standard, which is a benthic chlorophyll-a threshold, that would limit the quantity of the filamentous algae in certain sections of the Shenandoah River; and (iii) modifying trout waters designation and public water supply designation and adjusting temperature criteria for waters stocked with trout by the Virginia Department of Wildlife Resources in the winter.
Changes to the proposed regulation include (i) adding the freshwater aluminum criteria to specify that the criteria are expressed as the total recoverable form of the metal; (ii) clarifying language pertaining to nuisance filamentous algae to show that a determination of nuisance filamentous algae impeding the recreation use will be made when "exceedances of either" of the specified thresholds have occurred in more than one recreation season in three consecutive years; (iii) updating the agency name for the "Department of Wildlife Resources"; (iv) removing the CAS number 57749 for chlordane and the freshwater copper Biotic Ligand Model (BLM) and restoring existing regulatory language; and (v) restoring existing regulatory descriptions for tributaries to the Rappahannock River from Blandfield Point to the Route 1 Alternate Bridge.
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.
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 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.
EDITOR'S NOTE: Subsections A, C, D, E, and F of 9VAC25-260-140 are not amended; therefore, that text is not set out.
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
|
|
|
|
|
70
|
90
|
|
Acrolein (μg/l)
107028
|
3.0
|
3.0
|
|
|
3
|
400
|
|
Acrylonitrile (μg/l)
107131
Known or suspected carcinogen; human health criteria at risk level 10-5.
|
|
|
|
|
0.61
|
70
|
|
Aldrin (μg/l)
309002
Known or suspected carcinogen; human health criteria at risk level 10-5.
|
3.0
|
|
1.3
|
|
0.0000077
|
0.0000077
|
|
Aluminum (μg/l)
7429905
Acute and chronic freshwater aluminum criteria values for a site shall be calculated using the 2018 Aluminum Criteria Calculator (Aluminum Criteria Calculator V.2.0.xlsx), or a calculator in R or other software package using the same 1985 Guidelines calculation approach and underlying model equations as in the Aluminum Criteria Calculator V.2.0.xlsx, as defined in EPA's Final Aquatic Life Ambient Water Quality Criteria for Aluminum. (EPA-822-R-18-001, 2018) [ Values displayed in the table are examples of criteria calculated by the model using the indicated input parameters for pH, hardness, and Dissolved Organic Carbon (DOC). Freshwater criteria expressed as total recoverable. ]
|
1,300
pH= 7.0
Total hardness (CaCO3) = 25 mg/l DOC = 5.0 mg/l
|
500
pH= 7.0
Total hardness (CaCO3) = 25 mg/l DOC = 5.0 mg/l
|
|
|
|
|
|
Ammonia (μg/l)
766-41-7 7664417
Chronic criterion is a 30-day average concentration not to be exceeded more than once every three years on the average.(see 9VAC25-260-155)
|
|
|
|
|
|
|
|
Anthracene (μg/l)
120127
|
|
|
|
|
300
|
400
|
|
Antimony (μg/l)
7440360
|
|
|
|
|
5.6 5.3
|
640 580
|
|
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
|
|
|
|
|
5.8
|
160
|
|
Benzidine (μg/l)
92875
Known or suspected carcinogen; human health criteria at risk level 10-5
|
|
|
|
|
0.0014
|
0.11
|
|
Benzo (a) anthracene (μg/l)
56553
Known or suspected carcinogen; human health criteria at risk level 10-5
|
|
|
|
|
0.012
|
0.013
|
|
Benzo (b) fluoranthene (μg/l)
205992
Known or suspected carcinogen; human health criteria at risk level 10-5
|
|
|
|
|
0.012
|
0.013
|
|
Benzo (k) fluoranthene (μg/l)
207089
Known or suspected carcinogen; human health criteria at risk level 10-5
|
|
|
|
|
0.12
|
0.13
|
|
Benzo (a) pyrene (μg/l)
50328
Known or suspected carcinogen; human health criteria at risk level 10-5
|
|
|
|
|
0.0012
|
0.0013
|
|
Bis2-Chloroethyl Ether (μg/l)
111444
Known or suspected carcinogen; human health criteria at risk level 10-5
|
|
|
|
|
0.30
|
22
|
|
Bis (chloromethyl) Ether
542881
Known or suspected carcinogen; human health criteria at risk level 10-5
|
|
|
|
|
0.0015
|
0.17
|
|
Bis2-Chloroisopropyl Ether (Bis (2-Chloro-1-methylethyl) Ether) 2,2'-Oxybis(1-Chloropropane) (μg/l)
108601
|
|
|
|
|
200
|
4,000
|
|
Bis2-Ethylhexyl Phthalate (μg/l)
117817
Known or suspected carcinogen; human health criteria at risk level 10-5. Synonym = Di-2-Ethylhexyl Phthalate.
|
|
|
|
|
3.2
|
3.7
|
|
Bromoform (μg/l)
75252
Known or suspected carcinogen; human health criteria at risk level 10-5.
|
|
|
|
|
70
|
1,200
|
|
Butyl benzyl phthalate (μg/l)
85687
|
|
|
|
|
1.0
|
1.0
|
|
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 (0.9789[ln(hardness)]-3.866) (CFa)
Freshwater chronic criterion (μg/l)
WER e (0.7977[ln(hardness)]-3.909) (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 = 1.136672-[(ln hardness)(0.041838)]
CFc = 1.101672-[(ln hardness)(0.041838)]
|
1.8
CaCO3 = 100
|
0.72
CaCO3 = 100
|
33
X WER
|
7.9
X WER
|
5
|
|
|
Carbon tetrachloride (μg/l)
56235
Known or suspected carcinogen; human health criteria at risk level 10-5.
|
|
|
|
|
4.0
|
50
|
|
Carbaryl (μg/l)
63252
|
2.1
|
2.1
|
1.6
|
|
|
|
|
Chlordane (μg/l)
[ 57749 12789036 ]
Known or suspected carcinogen; human health criteria at risk level 10-5.
|
2.4
|
0.0043
|
0.09
|
0.0040
|
0.0031
|
0.0032
|
|
Chloride (μg/l)
16887006
Human 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 DWR 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
|
|
|
|
|
100
|
800
|
|
Chlorodibromomethane (μg/l)
124481
Known or suspected carcinogen; human health criteria at risk level 10-5.
|
|
|
|
|
8.0
|
210
|
|
Chloroform (μg/l)
67663
|
|
|
|
|
60
|
2,000
|
|
2-Chloronaphthalene (μg/l)
91587
|
|
|
|
|
800
|
1,000
|
|
2-Chlorophenol (μg/l)
95578
|
|
|
|
|
30
|
800
|
|
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[ln(hardness)]+3.7256}] (CFa)
Freshwater chronic criterion μg/l
WER [e{0.8190[ln(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.
|
|
|
|
|
1.2
|
1.3
|
|
Copper (μg/l)5
7440508
[ Freshwater criteria for copper shall be calculated using the EPA 2007 Biotic Ligand Model (see 9VAC25- 260-140 G) where the board has determined that a sufficient dataset of input parameters is available. Where the board has determined that a sufficient dataset is not available, freshwater criteria shall be calculated using the hardness-based equations in this table cell. ] Freshwater values [ derived using these equations ] 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[ln(hardness)]-1.700}] (CFa)
Freshwater chronic criterion (μg/l)
WER [e {0.8545[ln(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
CaCO 3 = 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
|
4
|
400
|
|
DDD (μg/l)
72548
Known or suspected carcinogen; human health criteria at risk level 10-5.
|
|
|
|
|
0.0012
|
0.0012
|
|
DDE (μg/l)
72559
Known or suspected carcinogen; human health criteria at risk level 10-5.
|
|
|
|
|
0.00018
|
0.00018
|
|
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
|
0.00030
|
0.00030
|
|
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.
|
|
|
|
|
0.0012
|
0.0013
|
|
1,2-Dichlorobenzene (μg/l)
95501
|
|
|
|
|
1,000
|
3,000
|
|
1,3-Dichlorobenzene (μg/l)
541731
|
|
|
|
|
7
|
10
|
|
1,4 Dichlorobenzene (μg/l)
106467
|
|
|
|
|
300
|
900
|
|
3,3 Dichlorobenzidine (μg/l)
91941
Known or suspected carcinogen; human health criteria at risk level 10-5.
|
|
|
|
|
0.49
|
1.5
|
|
Dichlorobromomethane (μg/l)
75274
Known or suspected carcinogen; human health criteria at risk level 10-5.
|
|
|
|
|
9.5
|
270
|
|
1,2 Dichloroethane (μg/l)
107062
Known or suspected carcinogen; human health criteria at risk level 10-5.
|
|
|
|
|
99
|
6,500
|
|
1,1 Dichloroethylene (μg/l)
75354
|
|
|
|
|
300
|
20,000
|
|
1,2-trans-dichloroethylene (μg/l)
156605
|
|
|
|
|
100
|
4,000
|
|
2,4 Dichlorophenol (μg/l)
120832
|
|
|
|
|
10
|
60
|
|
2,4 Dichlorophenoxy acetic acid (Chlorophenoxy Herbicide) (2,4-D) (μg/l)
94757
|
|
|
|
|
1,300
|
12,000
|
|
1,2-Dichloropropane (μg/l)
78875
Known or suspected carcinogen; human health criteria at risk level 10-5.
|
|
|
|
|
9.0
|
310
|
|
1,3-Dichloropropene (μg/l)
542756
Known or suspected carcinogen; human health criteria at risk level 10-5.
|
|
|
|
|
2.7
|
120
|
|
Dieldrin (μg/l)
60571
Known or suspected carcinogen; human health criteria at risk level 10-5.
|
0.24
|
0.056
|
0.71
|
0.0019
|
0.000012
|
0.000012
|
|
Diethyl Phthalate (μg/l)
84662
|
|
|
|
|
600
|
600
|
|
2,4 Dimethylphenol (μg/l)
105679
|
|
|
|
|
100
|
3,000
|
|
Dimethyl Phthalate (μg/l)
131113
|
|
|
|
|
2,000
|
2,000
|
|
Di-n-Butyl Phthalate (μg/l)
84742
|
|
|
|
|
20
|
30
|
|
2,4 Dinitrophenol (μg/l)
51285
|
|
|
|
|
10
|
300
|
|
Dinitrophenols (μg/l)
25550587
|
|
|
|
|
10
|
1,000
|
|
2-Methyl-4,6-Dinitrophenol (μg/l)
534521
|
|
|
|
|
2
|
30
|
|
2,4 Dinitrotoluene (μg/l)
121142
Known or suspected carcinogen; human health criteria at risk level 10-5.
|
|
|
|
|
0.49
|
17
|
|
Dioxin 2, 3, 7, 8-tetrachlorodibenzo-p-dioxin (μg/l)
1746016
|
|
|
|
|
5.0 E-8 4.6 E-8
|
5.1 E-8 4.7 E-8
|
|
1,2-Diphenylhydrazine (μg/l)
122667
Known or suspected carcinogen; human health criteria at risk level 10-5.
|
|
|
|
|
0.3
|
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
|
20
|
30
|
|
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
|
20
|
40
|
|
Endosulfan Sulfate (μg/l)
1031078
|
|
|
|
|
20
|
40
|
|
Endrin (μg/l)
72208
|
0.086
|
0.036
|
0.037
|
0.0023
|
0.03
|
0.03
|
|
Endrin Aldehyde (μg/l)
7421934
|
|
|
|
|
1
|
1
|
|
Ethylbenzene (μg/l)
100414
|
|
|
|
|
68
|
130
|
|
Fecal Coliform
(see 9VAC25-260-160)
|
|
|
|
|
|
|
|
Fluoranthene (μg/l)
206440
|
|
|
|
|
20
|
20
|
|
Fluorene (μg/l)
86737
|
|
|
|
|
50
|
70
|
|
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
|
0.000059
|
0.000059
|
|
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
|
0.00032
|
0.00032
|
|
Hexachlorobenzene (μg/l)
118741
Known or suspected carcinogen; human health criteria at risk level 10-5.
|
|
|
|
|
0.00079
|
0.00079
|
|
Hexachlorobutadiene (μg/l)
87683
Known or suspected carcinogen; human health criteria at risk level 10-5.
|
|
|
|
|
0.1
|
0.1
|
|
Hexachlorocyclohexane Alpha-BHC (μg/l)
319846
Known or suspected carcinogen; human health criteria at risk level 10-5.
|
|
|
|
|
0.0036
|
0.0039
|
|
Hexachlorocyclohexane Beta-BHC (μg/l)
319857
Known or suspected carcinogen; human health criteria at risk level 10-5.
|
|
|
|
|
0.080
|
0.14
|
|
Hexachlorocyclohexane (μg/l) (Lindane)
Gamma-BHC
58899
|
0.95
|
|
0.16
|
|
4.2
|
4.4
|
|
Hexachlorocyclohexane (HCH)-Technical (μg/l)
608731
Known or suspected carcinogen; human health criteria at risk level 10-5.
|
|
|
|
|
0.066
|
0.1
|
|
Hexachlorocyclopentadiene (μg/l)
77474
|
|
|
|
|
4
|
4
|
|
Hexachloroethane (μg/l)
67721
Known or suspected carcinogen; human health criteria at risk level 10-5.
|
|
|
|
|
1
|
1
|
|
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.
|
|
|
|
|
0.012
|
0.013
|
|
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.
|
|
|
|
|
340
|
18,000
|
|
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[ln(hardness)]-1.084}](CFa)
Freshwater chronic criterion (μg/l)
WER [e {1.273[ln(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)]
|
94
CaCO3 = 100
|
11
CaCO3 = 100
|
230 X WER
|
8.8 X WER
|
15
|
|
|
Malathion (μg/l)
121755
|
|
0.1
|
|
0.1
|
|
|
|
Mercury (μg/l) 5
7439976
|
1.4
|
0.77
|
1.8
|
0.94
|
|
|
|
Methyl Bromide (μg/l)
74839
|
|
|
|
|
100
|
10,000
|
|
3-Methyl-4-Chlorophenol
59507
|
|
|
|
|
500
|
2,000
|
|
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
|
|
|
|
|
20
|
1,000
|
|
Methoxychlor (μg/l)
72435
|
|
0.03
|
|
0.03
|
0.02
|
0.02
|
|
Mirex (μg/l)
2385855
|
|
zero
|
|
zero
|
|
|
|
Nickel (μg/l)5
744002 7440020
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[ln(hardness)] + 1.312}] (CFa)
Freshwater chronic criterion (μg/l)
WER [e {0.8460[ln(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
|
610 470
|
4,600 1,500
|
|
Nitrate as N (μg/l)
14797558
|
|
|
|
|
10,000
|
|
|
Nitrobenzene (μg/l)
98953
|
|
|
|
|
10
|
600
|
|
N-Nitrosodimethylamine (μg/l)
62759
Known or suspected carcinogen; human health criteria at risk level 10-5.
|
|
|
|
|
0.0069 0.0065
|
30 27
|
|
N-Nitrosodiphenylamine (μg/l)
86306
Known or suspected carcinogen; human health criteria at risk level 10-5.
|
|
|
|
|
33 30
|
60 55
|
|
N-Nitrosodi-n-propylamine (μg/l)
621647
Known or suspected carcinogen; human health criteria at risk level 10-5.
|
|
|
|
|
0.050 0.047
|
5.1 4.6
|
|
Nonylphenol (μg/l)
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 0.00058
|
0.00064 0.00058
|
|
Pentachlorobenzene (μg/l)
608935
|
|
|
|
|
0.1
|
0.1
|
|
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
|
0.3
|
0.4
|
|
pH
See 9VAC25-260-50
|
|
|
|
|
|
|
|
Phenol (μg/l)
108952
|
|
|
|
|
4,000
|
300,000
|
|
Phosphorus Elemental (μg/l)
7723140
|
|
|
|
0.10
|
|
|
|
Pyrene (μg/l)
129000
|
|
|
|
|
20
|
30
|
|
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)
7440611
|
|
|
|
|
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
|
170 160
|
4,200 3,800
|
|
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[ln(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
|
|
|
|
|
|
|
|
1,2,4,5-Tetrachlorobenzene
95943
|
|
|
|
|
0.03
|
0.03
|
|
1,1,2,2-Tetrachloroethane (μg/l)
79345
Known or suspected carcinogen; human health criteria at risk level 10-5.
|
|
|
|
|
2.0
|
30
|
|
Tetrachloroethylene (μg/l)
127184
Known or suspected carcinogen; human health criteria at risk level 10-5.
|
|
|
|
|
100
|
290
|
|
Thallium (μg/l)
7440280
|
|
|
|
|
0.24 0.22
|
0.47 0.43
|
|
Toluene (μg/l)
108883
|
|
|
|
|
57
|
520
|
|
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
|
0.0070
|
0.0071
|
|
Tributyltin (μg/l)
60105 E1790678
|
0.46
|
0.072
|
0.42
|
0.0074
|
|
|
|
1, 2, 4 Trichlorobenzene (μg/l)
120821
Known or suspected carcinogen; human health criteria at risk level 10-5.
|
|
|
|
|
0.71
|
0.76
|
|
1,1,1-Trichloroethane
71556
|
|
|
|
|
10,000
|
200,000
|
|
1,1,2-Trichloroethane (μg/l)
79005
Known or suspected carcinogen; human health criteria at risk level 10-5.
|
|
|
|
|
5.5
|
89
|
|
Trichloroethylene (μg/l)
79016
Known or suspected carcinogen; human health criteria at risk level 10-5.
|
|
|
|
|
6.0
|
70
|
|
2, 4, 5 –Trichlorophenol
95954
|
|
|
|
|
300
|
600
|
|
2, 4, 6-Trichlorophenol (μg/l)
88062
Known or suspected carcinogen; human health criteria at risk level 10-5.
|
|
|
|
|
15
|
28
|
|
2-(2, 4, 5-Trichlorophenoxy) propionic acid (Silvex) (μg/l)
93721
|
|
|
|
|
100
|
400
|
|
Vinyl Chloride (μg/l)
75014
Known or suspected carcinogen; human health criteria at risk level 10-5.
|
|
|
|
|
0.22
|
16
|
|
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[ln(hardness)]+0.884}](CFa)
Freshwater chronic criterion (μg/l)
WER [e{0.8473[ln(hardness)]+0.884}] (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 = 0.978
CFc = 0.986
|
120 CaCO3 = 100
|
120 CaCO3 = 100
|
90
X WER
|
81
X WER
|
7,400 7,000
|
26,000 23,000
|
|
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 through 9VAC25-260-540. Human health criteria are based on the assumption of average amount of exposure on a long-term basis.
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 through 9VAC25-260-540. Human health criteria are based on the assumption of average amount of exposure on a long-term basis.
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 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 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 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 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 shellfish resident in a waterbody that are commonly eaten in the area and have commercial, recreational, or subsistence value.
|
G. Biotic Ligand Model for copper. [ On a case-by-case basis, Where the board determines that a sufficient dataset of input parameters is available ] EPA's 2007 copper criteria (EPA-822-F-07-001) biotic ligand model (BLM) for copper [ may shall ] be used to determine [ alternate the applicable ] 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 Where the board determines that a sufficient dataset of input parameters is available, the ] BLM [ would shall ] 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.
9VAC25-260-185. Criteria to protect designated uses from the impacts of nutrients and suspended sediment in the Chesapeake Bay and its tidal tributaries.
EDITOR'S NOTE: Subsections A, C, and D of 9VAC25-260-185 are not amended; therefore, that text is not set out.
B. Submerged aquatic vegetation (SAV) 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
|
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 5,380
|
22%
|
5000 13,450
|
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
|
200 266
|
13%
|
500 665
|
April 1 - October 31
|
|
JMSTF1
|
1000 1,333
|
13%
|
2500 3,332
|
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
|
200 531
|
22%
|
500 1,328
|
April 1 - October 31
|
|
JMSPH
|
300 604
|
22%
|
750 1,510
|
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 = 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.
|
9VAC25-260-187. Criteria for man-made lakes and reservoirs to protect aquatic life and recreational designated uses from the impacts of nutrients.
EDITOR'S NOTE: Subsections A, C, and D of 9VAC25-260-187 are not amended; therefore, that text is not set out.
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 waterbody in each of the two most recent monitoring years that chlorophyll a data are available. For a 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) locations 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)
|
|
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
|
Pittsylvania 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
|
Chesterfield 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
|
Pittsylvania 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
|
Washington County
|
35
|
40
|
|
Hogan Lake
|
Pulaski County
|
35
|
40
|
|
Holiday Lake
|
Appomattox County
|
35
|
40
|
|
Hungry Mother Lake
|
Smyth County
|
35
|
40
|
|
Hunting Run Reservoir
|
Spotsylvania 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, Spotsylvania, Orange Counties
|
25
|
30
|
|
Lake Arrowhead
|
Page County
|
35
|
40
|
|
Lake Burnt Mills
|
Isle of Wight County
|
60
|
40
|
|
Lake Chesdin
|
Chesterfield 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
|
Mecklenburg 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 Mooney |
Stafford County
|
25
|
40
|
|
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
|
Rockbridge County
|
35
|
40
|
|
Lake Smith
|
Virginia Beach City
|
60
|
40
|
|
Lake Whitehurst
|
Norfolk City
|
60
|
40
|
|
Lake Wright
|
Norfolk City
|
60
|
40
|
|
Lakeview Reservoir
|
Chesterfield 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
|
Montgomery 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
|
Spotsylvania County
|
25
|
30
|
|
Mount Jackson Reservoir
|
Shenandoah County
|
35
|
40
|
|
Mountain Run Lake
|
Culpeper County
|
35
|
40
|
|
Ni Reservoir
|
Spotsylvania 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
|
Pittsylvania County
|
35
|
40
|
|
Rural Retreat Lake
|
Wythe County
|
35
|
40
|
|
Sandy River Reservoir
|
Prince Edward County
|
35
|
40
|
|
Shenandoah Lake
|
Rockingham County
|
35
|
40
|
|
Silver Lake
|
Rockingham County
|
35
|
40
|
|
Smith Mountain Lake
|
Bedford County
|
25
|
30
|
|
South Holston Reservoir
|
Washington 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
|
Shenandoah County
|
35
|
40
|
|
Stumpy Lake
|
Virginia Beach
|
60
|
40
|
|
Sugar Hollow Reservoir
|
Albemarle County
|
25
|
20
|
|
Swift Creek Lake
|
Chesterfield County
|
35
|
40
|
|
Swift Creek Reservoir
|
Chesterfield County
|
35
|
40
|
|
Switzer Lake
|
Rockingham 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
|
Buckingham County
|
35
|
40
|
|
Waller Mill Reservoir
|
York County
|
25
|
30
|
|
Western Branch Reservoir
|
Suffolk City
|
25
|
20
|
|
Wise Reservoir
|
Wise County
|
25
|
20
|
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:
EDITOR'S NOTE: Subdivisions a through x of 9VAC25-260-310 are not amended; therefore, that text is not set out.
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 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. Canceled.
EDITOR'S NOTE: Subdivisions z through hh of 9VAC25-260-310 are not amended; therefore, that text is not set out.
ii. In the wadeable portions of the mainstem sections of the Shenandoah River, North Fork Shenandoah River, and South Fork Shenandoah River listed in the table in this subdivision, a determination of persistent nuisance filamentous algae impeding the recreation use should be made when exceedances of [ either of ] the specified benthic chlorophyll-a concentration thresholds occur in more than one recreation season (May 1 to October 31) in three years. "Wadeable" constitutes a stream that can be crossed and sampled safely during a given sampling event occurring within the recreation season.
|
Segment
|
Two-Month Median (mg/m2)
|
Seasonal Median (mg/m2)
|
|
Shenandoah River from its confluence of the North Fork and South Fork Shenandoah Rivers downstream to the Virginia-West Virginia state line
|
150
|
100
|
|
North Fork Shenandoah River from its confluence with Fort Run downstream to its confluence with the South Fork Shenandoah River
|
150
|
100
|
|
South Fork Shenandoah River from its confluence with the North and South Rivers downstream to its confluence with the North Fork Shenandoah River
|
150
|
100
|
9VAC25-260-390. Potomac River Basin (Potomac River Subbasin).
Potomac River Subbasin
|
SEC.
|
CLASS
|
SP. STDS.
|
SECTION DESCRIPTION
|
| EDITOR'S NOTE: Sections 1 through 5 and 7 through 12 of 9VAC25-260-390 are not amended; therefore, that text is not set out. |
|
6
|
II
|
b, y
|
Tidal portions of tributaries to the Potomac River from Shipping Point to Chain Bridge.
|
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, ii
|
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, ii
|
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, ii
|
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 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 2b).
|
|
2
|
IV
|
ESW-12,14, 15, ii
|
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 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 (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, ii
|
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-12,16, ii
|
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 former location of 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 0.5 mile south of Stuarts Draft and just off Route 610, to its headwaters.
|
|
3d
|
IV
|
PWS
|
South Fork Shenandoah River and its tributaries from the City of Harrisonburg water supply intake near the confluence of Big Run to points 5 miles upstream.
|
|
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 (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, including Skidmore Fork upstream to the headwaters of Switzer Lake, 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.
|
|
V
|
|
Stockable Trout Waters in Section 5d.
|
|
viii
|
|
Switzer Lake from its dam upstream to the impoundment 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. This does not include Switzer Lake, which is Class V Stockable Trout Waters.
|
|
5e
|
VI
|
PWS
|
North River and its tributaries from Staunton Dam to their headwaters unless otherwise designated in this chapter.
|
|
V
|
|
Stockable Trout Waters in Section 5e
|
|
iii
|
ee
|
Elkhorn Lake from the dam upstream to the impoundment headwaters.
|
|
VI
|
|
Natural Trout Waters in Section 5e
|
|
iv
|
|
North River from the headwaters of Elkhorn Dam Lake upstream including all named and unnamed tributaries.
|
|
6
|
IV
|
pH-6.5-9.5, ii
|
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 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 V
|
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 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. (Deleted) |
|
VII
|
|
Swamp waters in Section 1g 1f
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 upstream.
|
|
1p
|
III
|
PWS
|
Free flowing tributaries to section 1o.
|
| EDITOR'S NOTE: Sections 2, 3, and 4 of 9VAC25-260-410 are not amended; therefore, that text is not set out. |
9VAC25-260-420. James River Basin (Middle).
|
SEC.
|
CLASS
|
SP. STDS.
|
SECTION DESCRIPTION
|
| EDITOR'S NOTE: Sections 6 through 10 of 9VAC25-260-420 are not amended; therefore, that text is not set out. |
|
11
|
III
|
ESW-7, 8, 22, 23, 24, 25, 26, 27
|
James River and its tributaries from, but not including, the Rockfish River to Balcony Falls, unless otherwise designated in this chapter.
|
|
|
V
|
|
Stockable Trout Waters in Section 11
|
|
|
vi
|
|
Dancing Creek from the junction of Routes 610 and 641 to its headwaters.
|
|
|
vi
|
|
North Fork Buffalo River from its confluence with the Buffalo River 1.8 miles upstream.
|
|
|
vi
|
|
Pedlar River from the confluence of Enchanted Creek to Lynchburg's raw water intake.
|
|
|
vi
|
|
Terrapin Creek from its confluence with Otter Creek to its headwaters.
|
|
|
***
|
|
Tye River from Tyro upstream to its confluence with the South and North Fork Tye Rivers.
|
|
|
VI
|
|
Natural Trout Waters in Section 11
|
|
|
ii
|
|
Big Branch from its confluence with the Pedlar River upstream including all named and unnamed tributaries.
|
|
|
ii
|
|
Bluff Creek from its confluence with Enchanted Creek upstream including all named and unnamed tributaries.
|
|
|
ii
|
|
Browns Creek from its confluence with the Pedlar River upstream including all named and unnamed tributaries.
|
|
|
ii
|
|
Campbell Creek (Nelson County) from its confluence with the Tye River upstream including all named and unnamed tributaries.
|
|
|
ii
|
|
Cove Creek from its confluence with the North Fork Buffalo River upstream including all named and unnamed tributaries.
|
|
|
ii
|
|
Coxs Creek from its confluence with the Tye River upstream including all named and unnamed tributaries.
|
|
|
ii
|
|
Crabtree Creek (Nelson County) from its confluence with the South Fork Tye River upstream including all named and unnamed tributaries.
|
|
|
ii
|
|
Crawleys Creek from its confluence with the Piney River upstream including all named and unnamed tributaries.
|
|
|
ii
|
|
Cub Creek (Nelson County) from 1.4 miles above its confluence with the Tye River (in the vicinity of Route 699), upstream including all named and unnamed tributaries.
|
|
|
ii
|
|
Davis Mill Creek from its confluence with the Pedlar River upstream including all named and unnamed tributaries.
|
|
|
ii
|
|
Durham Run from its confluence with the North Fork Tye River upstream including all named and unnamed tributaries.
|
|
|
ii
|
|
Elk Pond Branch from its confluence with the North Fork Piney River upstream including all named and unnamed tributaries.
|
|
|
ii
|
|
Enchanted Creek from its confluence with the Pedlar River upstream including all named and unnamed tributaries.
|
|
|
ii
|
|
Georges Creek from its confluence with the Little Piney River upstream including all named and unnamed tributaries.
|
|
|
ii
|
|
Greasy Spring Branch from its confluence with the South Fork Piney River upstream including all named and unnamed tributaries.
|
|
|
ii
|
|
Harpers Creek from its confluence with the Tye River upstream including all named and unnamed tributaries.
|
|
|
ii
|
|
King Creek from its confluence with the Little Piney River upstream including all named and unnamed tributaries.
|
|
|
ii
|
|
Lady Slipper Run from its confluence with the Pedlar River upstream including all named and unnamed tributaries.
|
|
|
ii
|
|
Little Cove Creek from its confluence with the North Fork Buffalo River upstream including all named and unnamed tributaries.
|
|
|
iii
|
|
Little Irish Creek from its confluence with the Pedlar River upstream including all named and unnamed tributaries.
|
|
|
ii
|
|
Little Piney River from its confluence with the Piney River upstream including all named and unnamed tributaries.
|
|
|
i
|
|
Louisa Spring Branch from its confluence with the North Fork Piney River 1.6 miles upstream.
|
|
|
ii
|
|
Maidenhead Branch from its confluence with the South Fork Tye River upstream including all named and unnamed tributaries.
|
|
|
ii
|
|
Meadow Creek (Nelson County) from its confluence with the South Fork Tye River upstream including all named and unnamed tributaries.
|
|
|
ii
|
|
Mill Creek (Nelson County) from its confluence with the North Fork Tye River upstream including all named and unnamed tributaries.
|
|
|
ii
|
|
Mill Creek (Nelson County) from its confluence with the South Fork Tye River upstream including all named and unnamed tributaries.
|
|
|
ii
|
|
Nicholson Run from its confluence with Lady Slipper Run upstream including all named and unnamed tributaries.
|
|
|
ii
|
|
North Fork Buffalo River from 1.8 miles above its confluence with the Buffalo River upstream including all named and unnamed tributaries.
|
|
|
i
|
|
North Fork Piney River from its confluence with the Piney River upstream including all named and unnamed tributaries.
|
|
|
iii
|
|
North Fork Thrashers Creek from its confluence with Thrashers Creek upstream including all named and unnamed tributaries.
|
|
|
|
|
North Fork Tye River from its confluence with the Tye River upstream including all named and unnamed tributaries.
|
|
|
iii
|
|
(North Fork Tye River from its confluence with the Tye River 1.6 miles upstream.)
|
|
|
ii
|
|
(North Fork Tye River from 1.6 miles above its confluence with the Tye River 8.3 miles upstream.)
|
|
|
iii
|
|
Pedlar River from 5 miles above Lynchburg's raw water intake upstream including all named and unnamed tributaries.
|
|
|
ii
|
|
Piney River from river mile 13.3 upstream including all named and unnamed tributaries.
|
|
|
ii
|
|
Pompey Creek from its confluence with the Little Piney River upstream including all named and unnamed tributaries.
|
|
|
ii
|
|
Reed Creek from the junction of Routes 764 and 638 upstream including all named and unnamed tributaries.
|
|
|
ii
|
|
Rocky Branch from its confluence with the North Fork Buffalo River upstream including all named and unnamed tributaries.
|
|
|
ii
|
|
Rocky Run (Nelson County) from 1.6 miles above its confluence with the Tye River upstream including all named and unnamed tributaries.
|
|
|
i
|
|
Shoe Creek (Nelson County) from its confluence with Piney River upstream including all named and unnamed tributaries.
|
|
|
iii
|
|
Silver Creek from its confluence with the Tye River upstream including all named and unnamed tributaries.
|
|
|
ii
|
|
South Fork Piney River from its confluence with the Piney River upstream including all named and unnamed tributaries.
|
|
|
ii
|
|
South Fork Tye River from its confluence with the Tye River upstream including all named and unnamed tributaries.
|
|
|
ii
|
|
Statons Creek from its confluence with the Pedlar River upstream including all named and unnamed tributaries.
|
|
|
iii
|
|
Wheelers Run from its confluence with the Pedlar River upstream including all named and unnamed tributaries.
|
|
|
ii
|
|
White Rock Creek (Nelson County) from its confluence with the North Fork Tye River upstream including all named and unnamed tributaries.
|
|
|
ii
|
|
Wiggins Branch from its confluence with Statons Creek upstream including all named and unnamed tributaries.
|
|
11a
|
III
|
PWS
|
Unnamed tributary to Williams Creek from Sweet Briar College's (inactive) raw water intake to its headwaters.
|
|
11b
|
III
|
PWS
|
Buffalo River and its tributaries from Amherst's raw water intake to points 5 miles upstream.
|
|
11c
|
III
|
PWS
|
Black Creek and its tributaries from the Nelson County Service Authority intake (approximately 1000 1,000 feet downstream of the Route 56 bridge) upstream to their headwaters (including the reservoir).
|
|
11d
|
III
|
|
James River and its tributaries from a point 0.25 mile above the confluence of the Tye River to Six Mile Bridge.
|
|
11e
|
III
|
|
James River and its tributaries, excluding Blackwater Creek, from Six Mile Bridge to the Business Route 29 bridge 5th Street Bridge in Lynchburg.
|
|
11f
|
|
|
(Deleted)
|
|
11g
|
III
|
PWS
|
James River and its tributaries from the Business Route 29 bridge in Lynchburg to Reusens Dam to include the City of Lynchburg's alternate raw water intake at the Route 29 bridge and the Amherst County Service Authority's intake on Harris and Graham Creeks.
|
|
11h
|
III
|
PWS
|
James River and its tributaries, excluding the Pedlar River, from Reusens Dam to Coleman Dam, including the Eagle Eyrie raw water intake on an unnamed tributary to Judith Creek 1.0 mile from the confluence with Judith Creek, to its headwaters, and also the City of Lynchburg's raw water intake on the James River at Abert.
|
|
11i
|
III
|
PWS,ESW-5, 8, 2, 23
|
Pedlar River and its tributaries from Lynchburg's raw water intake to points 5 miles upstream.
|
|
|
V
|
|
Stockable Trout Waters in Section 11i
|
|
|
vi
|
|
Pedlar River from Lynchburg's raw water intake to a point 5 miles upstream.
|
|
|
VI
|
|
Natural Trout Waters in Section 11i
|
|
|
ii
|
|
Brown Mountain Creek from its confluence with the Pedlar River upstream including all named and unnamed tributaries.
|
|
|
iii
|
|
Roberts Creek from its confluence with the Pedlar River upstream including all named and unnamed tributaries.
|
|
11j
|
III
|
|
James River and its tributaries from the Owens-Illinois raw water intake near Big Island to Balcony Falls.
|
|
|
V
|
|
Stockable Trout Waters in Section 11j
|
|
|
vi
|
|
Battery Creek from its confluence with the James River to its headwaters.
|
|
|
vi
|
|
Cashaw Creek from its confluence with the James River to its headwaters.
|
|
|
vi
|
|
Otter Creek from its confluence with the James River to a point 4.9 miles upstream.
|
|
|
vi
|
|
Rocky Row Run from its confluence with the James River to its headwaters.
|
|
|
VI
|
|
Natural Trout Waters in Section 11j
|
|
|
iii
|
|
Falling Rock Creek from its confluence with Peters Creek upstream including all named and unnamed tributaries.
|
|
|
ii
|
|
Hunting Creek from a point 3.7 miles from its confluence with the James River upstream including all named and unnamed tributaries.
|
|
|
iii
|
|
Otter Creek from 4.9 miles above its confluence with the James River upstream including all named and unnamed tributaries.
|
|
|
ii
|
|
Peters Creek from a point 0.2 mile above its confluence with the James River upstream including all named and unnamed tributaries.
|
|
11k
|
|
|
(Deleted)
|
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.
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) its headwaters, unless otherwise designated in this chapter.
|
|
3a
|
III
|
PWS
|
The Rappahannock River and its tributaries from Spotsylvania County's raw water intake near Golin Run to points 5 miles upstream of the Rocky Pen Run Reservoir (Lake Mooney) pump and store intake (excluding Motts Run and tributaries, which is in 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, 28
|
Free flowing tributaries of the Rappahannock from [ Blandfield Point the Route 1 Alternate Bridge at Fredericksburg ] 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
|
|
Bolton Branch from 1.7 miles above its confluence with Hittles Mill Stream upstream including all named and unnamed tributaries.
|
|
|
ii
|
|
Broad Hollow Run from its confluence with Hazel River upstream including all named and unnamed tributaries.
|
|
|
i
|
|
Brokenback Run from its confluence with the Hughes River upstream including all named and unnamed tributaries.
|
|
|
i
|
|
Bush Mountain Stream from its confluence with the Conway River upstream including all named and unnamed tributaries.
|
|
|
i
|
|
Cedar Run (Madison County) from 0.8 mile above its confluence with the Robinson River upstream including all named and unnamed tributaries.
|
|
|
i
|
|
Conway River (Greene County) from the Town of Fletcher upstream including all named and unnamed tributaries.
|
|
|
ii
|
|
Dark Hollow from its confluence with the Rose River upstream including all named and unnamed tributaries.
|
|
|
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 (Stafford and Fauquier Counties).
|
|
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.
|
|
4n
|
III
|
PWS
|
From the dam of the White Run pumped storage reservoir on an unnamed tributary to White Run upstream to its headwaters.
|
9VAC25-260-470. Chowan and Dismal Swamp (Chowan River Subbasin).
|
SEC.
|
CLASS
|
SP. STDS.
|
SECTION DESCRIPTION
|
| EDITOR'S NOTE: Sections 1, 3 and 4 of 9VAC25-260-470 are not amended; therefore, that text is not set out. |
|
2
|
VII
|
NEW-21
|
Blackwater River from the end of tidal waters to its headwaters and its 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 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 and its tributaries 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 tributaries from Norfolk's auxiliary raw water intake near Courtland, Virginia, to points 5 miles upstream unless otherwise designated in this chapter.
|
|
|
VII
|
|
Swamp waters in Section 2c
|
|
|
|
|
Assamoosick Swamp and its tributaries from its confluence with the Nottoway River to river mile 2.50.
|
|
2d
|
|
|
(Deleted)
|
|
2e
|
III
|
PWS
|
Nottoway River and its tributaries from the Georgia-Pacific and the Town of Jarratt's raw water intakes near Jarratt, Virginia, to points 5 miles above the intakes.
|
|
2f
|
III
|
PWS
|
Nottoway River and its tributaries from the Town of Blackstone's raw water intake to points 5 miles upstream.
|
|
2g
|
III
|
PWS
|
Lazaretto Creek and its tributaries from Crewe's raw water intake to points 5 miles upstream.
|
|
2h
|
III
|
PWS
|
Modest Creek and its tributaries from Victoria's raw water intake to their headwaters.
|
|
2i
|
III
|
PWS
|
Nottoway River and its tributaries from the Town of Victoria's raw water intake at the Falls (about 200 feet upstream from State Route 49) to points 5 miles upstream.
|
|
2j
|
III
|
PWS
|
Big Hounds Creek from the Town of Victoria's auxiliary raw water intake (on Lunenburg Lake) to its headwaters.
|
9VAC25-260-500. Tennessee and Big Sandy River Basins (Clinch River Subbasin).
|
SEC.
|
CLASS
|
SP. STDS.
|
SECTION DESCRIPTION
|
|
1
|
IV
|
|
Powell River and its tributaries from the Virginia-Tennessee state line to their headwaters; Indian Creek and Martin Creek in Virginia, unless otherwise designated in this chapter.
|
|
|
V
|
|
Stockable Trout Waters in Section 1
|
|
|
vi
|
|
Batie Creek from its confluence with the Powell River 0.8 mile upstream.
|
|
|
vi
|
|
Dry Creek from its confluence with Hardy Creek to its headwaters.
|
|
|
vi
|
|
Hardy Creek and its tributaries to their headwaters.
|
|
|
vi
|
|
Lick Branch from its confluence with Indian Creek 1.4 miles upstream.
|
|
|
vi
|
|
Martin Creek (Lee County) from the Virginia-Tennessee state line to its headwaters.
|
|
|
vii
|
|
North Fork Powell River from the confluence of Straight Creek upstream to its headwaters the Keokee Lake dam.
|
|
|
vi
|
|
Poor Valley Branch from its confluence with Martin Creek 1.4 miles upstream.
|
|
|
vi
|
|
Sims Creek from its confluence with the Powell River 1.1 miles upstream to Sims Spring.
|
|
|
vi
|
|
Station Creek at the boundary of the Cumberland Gap National Historical Park (river mile 2.2) 2.6 miles upstream.
|
|
|
vi
|
|
Wallen Creek above its confluence with the Powell River (at Rasnic Hollow) to its headwaters.
|
|
|
vi
|
|
White Branch from its confluence with Poor Valley Branch 0.7 mile upstream (to the Falls at Falling Water Gap).
|
|
1a
|
IV
|
PWS
|
Powell River and its tributaries from Pennington Gap's raw water intake to 5 miles upstream.
|
|
1b
|
IV
|
PWS
|
Bens Branch from Appalachia's raw water intake to its headwaters.
|
|
1c
|
IV
|
PWS
|
South Fork Powell River from Big Stone Gap's raw water intake to its headwaters.
|
|
1d
|
IV
|
PWS
|
Benges Branch from Norton's raw water intake to its headwaters.
|
|
1e
|
IV
|
PWS
|
Robinette Branch from Norton's raw water intake to its headwaters.
|
|
1f
|
IV
|
PWS
|
Fleenortown Creek and its tributaries from the Winn #1 and Barker Springs intakes (which provide raw water to the Town of Jonesville WTP) to points 5 miles upstream.
|
| EDITOR'S NOTE: Section 2 of 9VAC25-260-500 is not amended; therefore, that text is not set out. |
DOCUMENTS INCORPORATED BY REFERENCE (9VAC25-260)
Chesapeake Bay Program Analytical Segmentation Scheme - Revisions, Decisions and Rationales 1983-2003, EPA 903-R-04-008, CBP/TRS 268/04, October 2004, US EPA Region III Chesapeake Bay Office
Chesapeake Bay Program Analytical Segmentation Scheme - Revisions, Decisions and Rationales 1983-2003, EPA 903-R-05-004, CBP/TRS 278-06, 2005 Addendum, December 2005, US EPA Region III Chesapeake Bay Office
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 2004 Addendum, October 2004, US EPA Region III Chesapeake Bay Office
Ambient Water Quality Criteria for Dissolved Oxygen, Water Clarity and Chlorophyll a for the Chesapeake Bay and Its Tidal Tributaries, EPA 903-R-07-003, CBP/TRS 285/07 2007 Addendum, July 2007, US EPA Region III Chesapeake Bay Office
Technical Support Document for Identification of Chesapeake Bay Designated Uses and Attainability, EPA 903-R-03-004, October 2003 and 2004 Addendum, October 2004, US EPA Region III Chesapeake Bay Office
Ambient Water Quality Criteria for Dissolved Oxygen, Water Clarity and Chlorophyll a for the Chesapeake Bay and its Tidal Tributaries - 2007 Chlorophyll Criteria Addendum, EPA 903-R-07-005, CBP/TRS 288/07, November 2007, U.S. EPA Region III Chesapeake Bay Office
Ambient Water Quality Criteria for Dissolved Oxygen, Water Clarity and Chlorophyll a for the Chesapeake Bay and its Tidal Tributaries - 2008 Technical Support for Criteria Assessment Protocols Addendum, EPA 903-R-08-001, CBP/TRS 290-08, September 2008, U.S. EPA Region III Chesapeake Bay Office
Ambient Water Quality Criteria for Dissolved Oxygen, Water Clarity and Chlorophyll a for the Chesapeake Bay and its Tidal Tributaries - 2010 Technical Support for Criteria Assessment Protocols Addendum, EPA 903-R-10-002, CBP/TRS 301-10, May 2010, U.S. EPA Region III Chesapeake Bay Office
Ambient Water Quality Criteria for Dissolved Oxygen, Water Clarity and Chlorophyll a for the Chesapeake Bay and Its Tidal Tributaries - 2017 Technical Addendum, EPA 903-R-17-002, CBP/TRS 320-17, November 2017, U.S. EPA Region III Chesapeake Bay Office
Aquatic Life Ambient Freshwater Quality Criteria-Copper, EPA-822-R-07-001, U.S. EPA, Office of Water, February 2007 Revision
Final Aquatic Life Ambient Water Quality Criteria for Aluminum, EPA-822-R-18-001, U.S. EPA, Office of Water, December 2018
VA.R. Doc. No. R21-6555; Filed November 22, 2022
TITLE 12. HEALTH
DEPARTMENT OF HEALTH
Final
Title of Regulation: 12VAC5-90. Regulations for Disease Reporting and Control (amending 12VAC5-90-80, 12VAC5-90-90).
Statutory Authority: §§ 32.1-12 and 32.1-35 of the Code of Virginia.
Effective Date: January 18, 2023.
Agency Contact: Kristin Collins, Policy Analyst, Office of Epidemiology, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7298, or email kristin.collins@vdh.virginia.gov.
Summary:
The amendments add to the reporting requirements for physicians and directors of medical care facilities for COVID-19 to (i) require physicians and directors of medical care facilities to report suspected or confirmed COVID-19 cases and COVID-19 hospitalizations and intensive care unit admissions to the Virginia Department of Health (VDH) through participation in the Emergency Department Care Coordination Program; (ii) require all suspected or confirmed COVID-19 case report forms be submitted electronically to VDH; (iii) clarify that the category "laboratory directors" includes pharmacies that hold Clinical Laboratory Improvement Amendments Certificates of Waiver so that pharmacies testing for COVID-19 are required to report to VDH; (iv) require laboratory directors report both positive and negative COVID-19 test results; (v) require patient telephone number, and ethnicity be included in the list of fields that are reported by physicians, laboratory directors, and directors of medical care facilities; and (vi) add "coronavirus, severe" to the list of infectious diseases that shall be reported to persons practicing funeral services.
Changes to the proposed regulation separate COVID-19 from the category "coronavirus, severe" on the reportable disease list and remove the requirement for COVID-19 to be rapidly reportable;
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.
12VAC5-90-80. Lists of diseases that shall be reported.
A. Reportable disease list. The board declares suspected or confirmed cases of the following named diseases, toxic effects, and conditions to be reportable by the persons enumerated in 12VAC5-90-90. Conditions identified by an asterisk (*) require immediate communication to the local health department by the most rapid means available upon suspicion or confirmation, as defined in subsection C of this section. Other conditions should be reported within three days of suspected or confirmed diagnosis, unless otherwise specified in this section. Neonatal Abstinence Syndrome shall be reported as specified in subsection E of this section. [ COVID-19 Coronavirus disease 2019 ] (SARS-CoV-2) shall be reported as specified in subsection I of the section.
Amebiasis (Entamoeba histolytica)
*Anthrax (Bacillus anthracis)
Arboviral infections (e.g., CHIK, dengue, EEE, LAC, SLE, WNV, Zika)
Babesiosis (Babesia spp.)
*Botulism (Clostridium botulinum)
*Brucellosis (Brucella spp.)
Campylobacteriosis (Campylobacter spp.)
Candida auris, infection or colonization
Carbapenemase-producing organism, infection or colonization
Chancroid (Haemophilus ducreyi)
Chickenpox (Varicella virus)
Chlamydia trachomatis infection
*Cholera (Vibrio cholerae O1 or O139)
*Coronavirus infection, severe [ (e.g., SARS-CoV, MERS-CoV)
Coronavirus disease 2019 (COVID-19 or SARS-CoV-2) ]
Cryptosporidiosis (Cryptosporidium spp.)
Cyclosporiasis (Cyclospora spp.)
*Diphtheria (Corynebacterium diphtheriae)
*Disease caused by an agent that may have been used as a weapon
Ehrlichiosis/Anaplasmosis (Ehrlichia spp., Anaplasma phagocytophilum)
Giardiasis (Giardia spp.)
Gonorrhea (Neisseria gonorrhoeae)
Granuloma inguinale (Calymmatobacterium granulomatis)
*Haemophilus influenzae infection, invasive
Hantavirus pulmonary syndrome
Hemolytic uremic syndrome (HUS)
*Hepatitis A
Hepatitis B (acute and chronic)
Hepatitis C (acute and chronic)
Hepatitis, other acute viral
Human immunodeficiency virus (HIV) infection
Influenza, confirmed
*Influenza-associated deaths if younger than 18 years of age
Lead, blood levels
Legionellosis (Legionella spp.)
Leprosy (Hansen's disease) (Mycobacterium leprae)
Leptospirosis (Leptospira interrogans)
Listeriosis (Listeria monocytogenes)
Lyme disease (Borrelia spp.)
Lymphogranuloma venereum (Chlamydia trachomatis)
Malaria (Plasmodium spp.)
*Measles (Rubeola)
*Meningococcal disease (Neisseria meningitidis)
Mumps
Neonatal abstinence syndrome (NAS)
Ophthalmia neonatorum
*Outbreaks, all (including foodborne, health care-associated, occupational, toxic substance-related, waterborne, and any other outbreak)
*Pertussis (Bordetella pertussis)
*Plague (Yersinia pestis)
*Poliovirus infection, including poliomyelitis
*Psittacosis (Chlamydophila psittaci)
*Q fever (Coxiella burnetii)
*Rabies, human and animal
Rabies treatment, post-exposure
*Rubella, including congenital rubella syndrome
Salmonellosis (Salmonella spp.)
Shiga toxin-producing Escherichia coli infection
Shigellosis (Shigella spp.)
*Smallpox (Variola virus)
Spotted fever rickettsiosis (Rickettsia spp.)
Streptococcal disease, Group A, invasive or toxic shock
Streptococcus pneumoniae infection, invasive if younger than five years of age
Syphilis (Treponema pallidum) report *congenital, *primary, *secondary, and other
Tetanus (Clostridium tetani)
Toxic substance-related illness
Trichinosis (Trichinellosis) (Trichinella spiralis)
*Tuberculosis, active disease (Mycobacterium tuberculosis complex)
Tuberculosis infection
*Tularemia (Francisella tularensis)
*Typhoid/Paratyphoid infection (Salmonella Typhi, Salmonella Paratyphi)
*Unusual occurrence of disease of public health concern
*Vaccinia, disease or adverse event
Vancomycin-intermediate or vancomycin-resistant Staphylococcus aureus infection
*Vibriosis (Vibrio spp.)
*Viral hemorrhagic fever
*Yellow fever
Yersiniosis (Yersinia spp.)
B. Conditions reportable by directors of laboratories. Laboratories shall report all test results indicative of and specific for the diseases, infections, microorganisms, conditions, and toxic effects specified in this subsection for humans. Such tests include microbiological culture, isolation, or identification; assays for specific antibodies; and identification of specific antigens, toxins, or nucleic acid sequences. Additional condition-specific requirements are noted in this subsection and subsection D of this section. Conditions identified by an asterisk (*) require immediate communication to the local health department by the most rapid means available upon suspicion or confirmation, as defined in subsection C of this section. Other conditions should be reported within three days of suspected or confirmed diagnosis.
Amebiasis (Entamoeba histolytica)
*Anthrax (Bacillus anthracis)
Arboviral infection, for example, CHIK, dengue, EEE, LAC, SLE, WNV, or Zika
Babesiosis (Babesia spp.)
*Botulism (Clostridium botulinum)
*Brucellosis (Brucella spp.)
Campylobacteriosis (Campylobacter spp.)
Candida auris - Include available antimicrobial susceptibility findings in report.
Carbapenemase-producing organism - Include available antimicrobial susceptibility findings in report.
Chancroid (Haemophilus ducreyi)
Chickenpox (Varicella virus)
Chlamydia trachomatis infection
*Cholera (Vibrio cholerae O1 or O139)
*Coronavirus infection, severe (e.g., SARS-CoV, MERS-CoV)
[ Coronavirus disease 2019 (COVID-19 or SARS-CoV-2) ]
Cryptosporidiosis (Cryptosporidium spp.)
Cyclosporiasis (Cyclospora spp.)
*Diphtheria (Corynebacterium diphtheriae)
Ehrlichiosis/Anaplasmosis (Ehrlichia spp., Anaplasma phagocytophilum)
Giardiasis (Giardia spp.)
Gonorrhea (Neisseria gonorrhoeae) - Include available antimicrobial susceptibility findings in report.
*Haemophilus influenzae infection, invasive
Hantavirus pulmonary syndrome
*Hepatitis A
Hepatitis B (acute and chronic) - For All hepatitis B patients, also report available results of serum alanine aminotransferase (ALT) and all available results from the hepatitis panel.
Hepatitis C (acute and chronic) - For all patients with any positive HCV test, also report all results of HCV viral load tests, including undetectable viral loads and report available results of serum alanine aminotransferase (ALT) and all available results from the hepatitis panel.
Hepatitis, other acute viral - Any finding indicative of acute infection with hepatitis D, E, or other cause of viral hepatitis. For any reportable hepatitis finding, submit all available results from the hepatitis panel.
Human immunodeficiency virus (HIV) infection - For HIV-infected patients, report all results of CD4 and HIV viral load tests, including undetectable viral loads. For HIV-infected patients, report all HIV genetic nucleotide sequence data associated with HIV drug resistance tests by electronic submission. For children younger than three years of age, report all tests regardless of the test findings (e.g., negative or positive).
Influenza, confirmed - By culture, antigen detection by direct fluorescent antibody (DFA), or nucleic acid detection.
Lead, blood levels - All lead results from tests of venous or capillary blood performed by a laboratory certified by the Centers for Medicare and Medicaid Services in accordance with 42 USC § 263a, the Clinical Laboratory Improvement Amendment of 1988 (CLIA-certified).
Legionellosis (Legionella spp.)
Leptospirosis (Leptospira interrogans)
Listeriosis (Listeria monocytogenes), invasive or if associated with miscarriage or stillbirth from placental or fetal tissue
Lyme disease (Borrelia spp.)
Malaria (Plasmodium spp.)
*Measles (Rubeola)
*Meningococcal disease (Neisseria meningitidis), invasive - Include identification of gram-negative diplococci.
Mumps
*Mycobacterial diseases - (See 12VAC5-90-225 B) Report any of the following:
1. Acid fast bacilli;
2. M. tuberculosis complex or any other mycobacteria;
3. Antimicrobial susceptibility results for M. tuberculosis complex.
*Pertussis (Bordetella pertussis)
*Plague (Yersinia pestis)
*Poliovirus infection
*Psittacosis (Chlamydophila psittaci)
*Q fever (Coxiella burnetii)
*Rabies, human and animal
*Rubella
Salmonellosis (Salmonella spp.)
Shiga toxin-producing Escherichia coli infection
Shigellosis (Shigella spp.)
*Smallpox (Variola virus)
Spotted fever rickettsiosis (Rickettsia spp.)
Streptococcal disease, Group A, invasive or toxic shock
Streptococcus pneumoniae infection, invasive if younger than five years of age
*Syphilis (Treponema pallidum)
Toxic substance-related illness - By blood or urine laboratory findings above the normal range, including heavy metals, pesticides, and industrial-type solvents and gases. When applicable and available, report speciation of metals when blood or urine levels are elevated in order to differentiate the chemical species (elemental, organic, or inorganic).
Trichinosis (Trichinellosis) (Trichinella spiralis)
Tuberculosis infection
*Tularemia (Francisella tularensis)
*Typhoid/Paratyphoid infection (Salmonella Typhi, Salmonella Paratyphi A, Salmonella Paratyphi B, Salmonella Paratyphi C)
*Vaccinia, disease or adverse event
Vancomycin-intermediate or vancomycin-resistant Staphylococcus aureus infection - Include available antimicrobial susceptibility findings in report.
*Vibriosis (Vibrio spp., Photobacterium damselae, Grimontia hollisae), other than toxigenic Vibrio cholera O1 or O139, which are reportable as cholera
*Viral hemorrhagic fever
*Yellow fever
Yersiniosis (Yersinia spp.)
C. Reportable diseases requiring rapid communication. Certain of the diseases in the list of reportable diseases because of their extremely contagious nature, potential for greater harm, or availability of a specific intervention that must be administered in a timely manner require immediate identification and control. Reporting of persons confirmed or suspected of having these diseases, listed in this subsection, shall be made immediately by the most rapid means available, preferably by telephone to the local health department. (These same diseases are also identified by an asterisk (*) in subsections A and B, where applicable, of this section.)
Anthrax (Bacillus anthracis)
Botulism (Clostridium botulinum)
Brucellosis (Brucella spp.)
Cholera (Vibrio cholerae O1 or O139)
Coronavirus infection, severe [ (e.g., SARS-CoV, MERS-CoV) ]
Diphtheria (Corynebacterium diphtheriae)
Disease caused by an agent that may have been used as a weapon
Haemophilus influenzae infection, invasive
Hepatitis A
Influenza-associated deaths if younger than 18 years of age
Influenza A, novel virus
Measles (Rubeola virus)
Meningococcal disease (Neisseria meningitidis)
Outbreaks, all
Pertussis (Bordetella pertussis)
Plague (Yersinia pestis)
Poliovirus infection, including poliomyelitis
Psittacosis (Chlamydophila psittaci)
Q fever (Coxiella burnetii)
Rabies, human and animal
Rubella, including congenital rubella syndrome
Smallpox (Variola virus)
Syphilis, congenital, primary, and secondary (Treponema pallidum)
Tuberculosis, active disease (Mycobacterium tuberculosis complex)
Tularemia (Francisella tularensis)
Typhoid/Paratyphoid infection (Salmonella Typhi, Salmonella Paratyphi (all types))
Unusual occurrence of disease of public health concern
Vaccinia, disease or adverse event
Vibriosis (Vibrio spp., Photobacterium damselae, Grimontia hollisae), other than toxigenic Vibrio cholerae O1 or O139, which are reportable as cholera
Viral hemorrhagic fever
Yellow fever
D. Submission of initial isolate or other specimen for further public health testing. A laboratory identifying evidence of any of the conditions in this subsection shall notify the local health department of the positive culture or other positive test result within the timeframes specified in subsection B of this section and submit the initial isolate (preferred) or other initial specimen to the Division of Consolidated Laboratory Services or other public health laboratory where specified in this subsection within seven days of identification. All specimens must be identified with the patient and physician information required in 12VAC5-90-90 B.
Anthrax (Bacillus anthracis)
Botulism (Clostridium botulinum)
Brucellosis (Brucella sp.)
Candida auris
Candida haemulonii
Carbapenem-resistant Enterobacteriaceae
Carbapenem-resistant Pseudomonas aeruginosa
Cholera (Vibrio cholerae O1 or O139)
Coronavirus infection, severe (e.g., SARS-CoV, MERS-CoV)
Diphtheria (Corynebacterium diphtheriae)
Haemophilus influenzae infection, invasive
Influenza, unsubtypeable
Listeriosis (Listeria monocytogenes)
Meningococcal disease (Neisseria meningitidis)
Plague (Yersinia pestis)
Poliovirus infection
Q fever (Coxiella burnetii)
Salmonellosis (Salmonella spp.)
Shiga toxin-producing E. coli infection (Laboratories that identify a Shiga toxin but do not perform simultaneous culture for Shiga toxin-producing E. coli should forward all positive stool specimens or positive enrichment broths to the Division of Consolidated Laboratory Services for confirmation and further characterization.)
Shigellosis (Shigella spp.)
Streptococcal disease, Group A, invasive
Tuberculosis (A laboratory identifying Mycobacterium tuberculosis complex (see 12VAC5-90-225) shall submit a representative and viable sample of the initial culture to the Division of Consolidated Laboratory Services or other laboratory designated by the board to receive such specimen.)
Tularemia (Francisella tularensis)
Typhoid/Paratyphoid infection (Salmonella Typhi, Salmonella Paratyphi (all types))
Vancomycin-intermediate or vancomycin-resistant Staphylococcus aureus infection
Vibriosis (Vibrio spp., Photobacterium damselae, Grimontia hollisae)
Yersiniosis (Yersinia spp.)
Other diseases as may be requested by the health department.
E. Neonatal abstinence syndrome. Neonatal abstinence syndrome shall be reported by physicians and directors of medical care facilities when a newborn has been diagnosed with neonatal abstinence syndrome, a condition characterized by clinical signs of withdrawal from exposure to prescribed or illicit drugs. Reports shall be submitted within one month of diagnosis by entering the information into the Department of Health's online Confidential Morbidity Report portal (http://www.vdh.virginia.gov/clinicians).
F. Outbreaks. The occurrence of outbreaks or clusters of any illness that may represent a group expression of an illness that may be of public health concern shall be reported to the local health department immediately by the most rapid means available, preferably by telephone.
G. Toxic substance-related illnesses. All toxic substance-related illnesses, including pesticide and heavy metal poisoning or illness resulting from exposure to an occupational dust or fiber or radioactive substance, shall be reported.
If such illness is verified or suspected and presents an emergency or a serious threat to public health or safety, the report of such illness shall be made immediately by the most rapid means available, preferably by telephone.
H. Unusual occurrence of disease of public health concern. Unusual or emerging conditions of public health concern shall be reported to the local health department immediately by the most rapid means available, preferably by telephone. In addition, the commissioner or the commissioner's designee may establish surveillance systems for diseases or conditions that are not on the list of reportable diseases. Such surveillance may be established to identify cases (delineate the magnitude of the situation), to identify the mode of transmission and risk factors for the disease, and to identify and implement appropriate action to protect public health. Any person reporting information at the request of the department for special surveillance or other epidemiological studies shall be immune from liability as provided by § 32.1-38 of the Code of Virginia.
I. [ COVID-19 Coronavirus disease 2019 ] (SARS-CoV-2). COVID-19 shall be reported by physicians and directors of medical care facilities when a person who is infected with or who is suspected of having COVID-19 is treated or examined, hospitalized, or admitted into the intensive care unit. Physicians and directors of medical care facilities shall report that person's name, telephone number, [ email address, ] address, age, date of birth, race, ethnicity, sex, and pregnancy status; name of disease diagnosed or suspected; the medical record number (if applicable); the date of onset of illness; available laboratory tests and results; and the name, address, and telephone number of the physician and medical facility where the examination was made. Case reports shall be submitted [ immediately or ] within [ 24 hours three days of the suspicion or confirmation of disease ] by entering the information into the Department of Health online Confidential Morbidity Report portal at http://www.vdh.virginia.gov/clinicians or via electronic case reporting (https://www.vdh.virginia.gov/meaningful-use/meaningful-use-submissions-of-electronic-case-reports/).
[ J. ] Positive SARS-CoV-2 tests shall be reported by directors of laboratories, including other entities that hold Clinical Laboratory Improvement Amendments Certificates of Waiver. Each report shall give the source of the specimen and the laboratory method and result; the name, telephone number, email address, address, age, date of birth, race, ethnicity, sex, and pregnancy status (if known) of the person from whom the specimen was obtained; and the name, address, and telephone number of the physician at whose request and medical facility at which the examination was made. Reports shall be submitted [ immediately or ] within [ 24 hours three days of identification of evidence of disease ]. Reports shall be made by entering information into the department's available portal for laboratory reporting at http://www.vdh.virginia.gov/clinicians or via electronic laboratory reporting at http://www.vdh.virginia.gov/meaningful-use/submissionofreportablelabresults.
12VAC5-90-90. Those required to report.
A. Physicians. Each physician who treats or examines any person who is suffering from or who is suspected of having a reportable disease or condition shall report that person's name, address, age, date of birth, race, sex, and pregnancy status for females; name of disease diagnosed or suspected; the date of onset of illness; available laboratory tests and results; and the name, address, and telephone number of the physician and medical facility where the examination was made, except that influenza should be reported by number of cases only (and type of influenza, if available). Reports are to be made to the local health department serving the jurisdiction where the physician practices. A physician may designate someone to report on his behalf, but the physician remains responsible for ensuring that the appropriate report is made. Any physician, designee, or organization making such report as authorized herein shall be immune from liability as provided by § 32.1-38 of the Code of Virginia.
Such reports shall be made on a Form Epi-1, a computer generated printout containing the data items requested on Form Epi-1, or a CDC or VDH surveillance form that provides the same information and shall be made within three days of the suspicion or confirmation of disease except that those identified in 12VAC5-90-80 C shall be reported immediately by the most rapid means available, preferably by telephone, to the local health department serving the jurisdiction in which the facility is located. Reporting may be done by means of secure electronic transmission upon agreement of the physician and the department.
Additional elements are required to be reported for individuals with confirmed or suspected active tuberculosis disease. Refer to Part X (12VAC5-90-225 et seq.) for details on these requirements.
B. Directors of laboratories. Laboratory directors shall report any laboratory examination of any clinical specimen, whether performed in-house or referred to an out-of-state laboratory, which yields evidence, by the laboratory [ method(s) method ] indicated or any other confirmatory test, of a disease listed in 12VAC5-90-80 B.
Each report shall give the source of the specimen and the laboratory method and result; the name, address, age, date of birth, race, sex, and pregnancy status for females (if known) of the person from whom the specimen was obtained; and the name, address, and telephone number of the physician at whose request and medical facility at which the examination was made. When the influenza virus is isolated, the type should be reported, if available. Reports shall be made within three days of identification of evidence of disease, except that those identified in 12VAC5-90-80 C shall be reported immediately by the most rapid means available, preferably by telephone, to the local health department serving the jurisdiction in which the laboratory is located. Reports shall be made on Form Epi-1 or on the laboratory's own form if it includes the required information. Computer generated reports containing the required information may be submitted. Reporting may be done by means of secure electronic transmission upon agreement of the laboratory director and the department. Reports of HIV genetic nucleotide sequence data associated with HIV drug resistance tests must be submitted electronically. Any person making such report as authorized herein shall be immune from liability as provided by § 32.1-38 of the Code of Virginia.
A laboratory identifying evidence of any of the following conditions shall notify the local health department of the positive culture or other positive test result within the timeframes specified in 12VAC5-90-80 and submit the initial isolate or other initial specimen to the Division of Consolidated Laboratory Services within seven days of identification. All specimens must be identified with the patient and physician information required in this subsection.
Anthrax
Botulism
Brucellosis
Cholera
Diphtheria
E. coli infection, Shiga toxin-producing. (Laboratories that use a Shiga toxin EIA methodology but do not perform simultaneous culture for Shiga toxin-producing E. coli should forward all positive stool specimens or positive enrichment broths to the Division of Consolidated Laboratory Services for confirmation and further characterization.)
Haemophilus influenzae infection, invasive
Influenza A, novel virus
Listeriosis
Meningococcal disease
Pertussis
Plague
Poliovirus infection
Q fever
Salmonellosis
Shigellosis
Streptococcal disease, Group A, invasive
Tuberculosis (A laboratory identifying Mycobacterium tuberculosis complex (see 12VAC5-90-225) shall submit a representative and viable sample of the initial culture to the Division of Consolidated Laboratory Services or other laboratory designated by the board to receive such specimen.)
Tularemia
Typhoid/Paratyphoid fever
Vancomycin-intermediate or vancomycin-resistant Staphylococcus aureus infection
Vibrio infection, including infections due to Photobacterium damselae and Grimontia hollisae
Yersiniosis
Other diseases as may be requested by the health department
When a clinical specimen yields evidence indicating the presence of a select agent or toxin as defined by federal regulations in 42 CFR Part 73, the person in charge of the laboratory shall contact the Division of Consolidated Laboratory Services and arrange to forward an isolate for confirmation. If a select agent or toxin has been confirmed in a clinical specimen, the laboratory director shall consult with Division of Consolidated Laboratory Services or CDC regarding isolate transport or destruction.
Laboratories operating within a medical care facility shall be considered to be in compliance with the requirement to notify the local health department when the director of that medical care facility assumes the reporting responsibility; however, laboratories are still required to submit isolates to the Division of Consolidated Laboratory Services or other designated laboratory as noted in this subsection.
C. Persons in charge of a medical care facility. Any person in charge of a medical care facility shall make a report to the local health department serving the jurisdiction where the facility is located of the occurrence in or admission to the facility of a patient with a reportable disease listed in 12VAC5-90-80 A unless he has evidence that the occurrence has been reported by a physician. Any person making such report as authorized herein shall be immune from liability as provided by § 32.1-38 of the Code of Virginia. The requirement to report shall include all inpatient, outpatient, and emergency care departments within the medical care facility. Such report shall contain the patient's name, address, age, date of birth, race, sex, and pregnancy status for females; name of disease being reported; available laboratory tests and results; the date of admission; hospital chart medical record number; date expired (when applicable); and attending physician. Influenza should be reported by number of cases only (and type of influenza, if available). Reports shall be made within three days of the suspicion or confirmation of disease except that those identified in 12VAC5-90-80 C shall be reported immediately by the most rapid means available, preferably by telephone, to the local health department serving the jurisdiction in which the facility is located. Reports shall be made on Form Epi-1, a computer generated printout containing the data items requested on Form Epi-1, or a CDC or VDH surveillance form that provides the same information. Reporting may be done by means of secure electronic transmission upon agreement of the medical care facility and the department.
A person in charge of a medical care facility may assume the reporting responsibility on behalf of the director of the laboratory operating within the facility.
D. Persons in charge of a residential or day program, service, or facility licensed or operated by any agency of the Commonwealth, or a school, child care center, or summer camp. Any person in charge of a residential or day program, service, or facility licensed or operated by any agency of the Commonwealth, or a school, child care center, or summer camp as defined in § 35.1-1 of the Code of Virginia shall report immediately to the local health department the presence or suspected presence in his program, service, facility, school, child care center, or summer camp of persons who have common symptoms suggesting an outbreak situation. Such persons may report additional information, including identifying and contact information for individuals with communicable diseases of public health concern or individuals who are involved in outbreaks that occur in their facilities, as necessary to facilitate public health investigation and disease control. Any person so reporting shall be immune from liability as provided by § 32.1-38 of the Code of Virginia.
E. Local health directors. The local health director shall forward any report of a disease or report of evidence of a disease which has been made on a resident of his jurisdiction to the Office of Epidemiology within three days of receipt. This report shall be submitted immediately by the most rapid means available if the disease is one requiring rapid communication, as required in 12VAC5-90-80 C. All such rapid reporting shall be confirmed in writing and submitted to the Office of Epidemiology, by either a paper report or entry into a shared secure electronic disease surveillance system, within three days. Furthermore, the local health director shall immediately forward to the appropriate local health director any disease reports on individuals residing in the latter's jurisdiction or to the Office of Epidemiology on individuals residing outside Virginia. The Office of Epidemiology shall be responsible for notifying other state health departments of reported illnesses in their residents and for notifying CDC as necessary and appropriate.
F. Persons in charge of hospitals, nursing facilities or nursing homes, assisted living facilities, and correctional facilities. In accordance with § 32.1-37.1 of the Code of Virginia, any person in charge of a hospital, nursing facility or nursing home, assisted living facility, or correctional facility shall, at the time of transferring custody of any dead body to any person practicing funeral services, notify the person practicing funeral services or his agent if the dead person was known to have had, immediately prior to death, an infectious disease which may be transmitted through exposure to any bodily fluids. These include any of the following infectious diseases:
Coronavirus, severe [ (e.g., SARS-CoV, MERS-CoV) ]
Creutzfeldt-Jakob disease
Human immunodeficiency virus infection
Hepatitis B
Hepatitis C
Rabies
Smallpox
Syphilis, infectious
Tuberculosis, active disease
Vaccinia, disease or adverse event
Viral hemorrhagic fever
G. Employees, conditional employees, and persons in charge of food establishments. 12VAC5-421-80 of the Food Regulations requires a food employee or conditional employee to notify the person in charge of the food establishment when diagnosed with certain diseases that are transmissible through food and requires the person in charge of the food establishment to notify the regulatory authority. Refer to 12VAC5-421-80 for further guidance and clarification regarding these reporting requirements.
VA.R. Doc. No. R21-6359; Filed November 30, 2022
TITLE 13. HOUSING
VIRGINIA HOUSING DEVELOPMENT AUTHORITY
Final
REGISTRAR'S NOTICE: The Virginia Housing Development Authority is claiming an exemption from the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) pursuant to § 2.2-4002 A 4 of the Code of Virginia.
Title of Regulation: 13VAC10-200. Rules and Regulations for the Allocation of Virginia Housing Opportunity Tax Credits (amending 13VAC10-200-30, 13VAC10-200-40).
Statutory Authority: § 36-55.30:3 of the Code of Virginia.
Effective Date: December 1, 2022.
Agency Contact: Fred W. Bryant, Chief Counsel, Virginia Housing Development Authority, 601 South Belvidere Street, Richmond, VA 23220, telephone (804) 343-5837, or email fred.bryant@vhda.com.
Summary:
The amendments (i) provide that housing opportunity tax credit (HOTC) awards made in calendar year 2021 are legacy awards and are unchanged by the proposed 2022 amendments; (ii) for calendar years 2022 through 2025, provide for a HOTC program of up to $60 million per award year with a credit period of 10 years and specify how credits are allowed; (iii) allow the HOTC to be used in conjunction with both 9.0% and 4.0% federal low-income housing tax credits (LIHTC); (iv) permit an applicant having applied for 9.0% LIHTC, including applicants having been awarded 9.0% LIHTC, to amend its application from 9.0% LIHTC to 4.0% LIHTC in connection with an HOTC application and, in so doing, to increase or decrease its requested LIHTC amount; (v) permit Virginia Housing Development Authority (VHDA) to reallocate any HOTCs that are recaptured, disallowed, terminated, or canceled and returned; (vi) permit VHDA to carry forward not greater than 15% of the amount of HOTC available in a year to a subsequent year; (vii) add a potential prioritization for 4.0% LIHTC developments that have not yet placed in service having equity funding gaps to make such developments feasible; (viii) provide an initial priority of one-third of HOTC ($20 million) for developments in areas with populations no greater than 35,000, with any remaining credits after such prioritization flowing statewide; and (ix) make other miscellaneous administrative clarification changes.
13VAC10-200-30. Availability and amount of HOTC.
A. Based upon the legislative intent of § 58.1-439.30 G of the Code of Virginia, notwithstanding any provisions of the enabling legislation inconsistent with § 58.1-439.30 G, the authority will award:
1. For calendar year 2021, up to $15 million of HOTC each of the five calendar years beginning in calendar 2021 through calendar year 2025 for qualified projects. The credit period shall be one year. The aggregate HOTC program shall equal up to $75 million. Any HOTC not used by taxpayer in a taxable year may be carried forward for the succeeding five years.
2. For calendar years 2022 through 2025, up to $60 million of HOTC for qualified projects for each of the four calendar years beginning in calendar years 2022 through 2025. The credit period shall be 10 years. The credit shall be allowed ratably for each qualified project, with one-tenth of the credit amount allowed annually for 10 years over the credit period, except that there shall be a reduction in the tax credit allowable in the first year of the credit period due to the calculation in 26 USC § 42(f)(2), and any reduction by reason of 26 USC § 42(f)(2) in the credit allowable for the first taxable year of the credit period shall be allowable for the first taxable year following the credit period.
The aggregate HOTC program for calendar years 2021 through 2025 for qualified projects shall equal up to $255 million. Any HOTC not used by taxpayer in a taxable year may be carried forward by a qualified taxpayer for the succeeding five years. If a HOTC has been awarded prior to January 1, 2026, such credit may continue to be claimed on a return for taxable years on and after January 1, 2026, but only pursuant to its applicable credit period.
B. To qualify for the HOTC, the applicant must have applied for federal 9% 9.0% LIHTC or federal 4.0% LIHTC, and have been (i) allocated LIHTC or (ii) allowed LIHTC (i.e., determined by the authority to be eligible for LIHTC but not allocated LIHTC). In the event of alternative clause (ii) of this subsection, the HOTC may be stand-alone (i.e., not allocated to the applicant in addition to LIHTC). An applicant having applied for 9.0% LIHTC (including applicants having been awarded 9.0% LIHTC) may elect to amend its application from 9.0% LIHTC to 4.0% LIHTC in connection with assignment of points and rankings for HOTC in accordance with 13VAC10-200-40. In so doing, the applicant may increase or decrease its requested federal credit amount.
C. While only LIHTC projects placed in service on or after January 1, 2021, may be eligible for HOTC, not every development receiving LIHTC and placing in service on or after January 1, 2021, will receive HOTC. Rankings and awards of HOTC to qualified projects shall be in accordance with 13VAC10-200-40.
D. The HOTC for each qualified project may be (i) up to the amount of the federal LIHTC allocated or allowed for the qualified project or (ii) a percentage of the federal LIHTC allocated or allowed for the qualified project as determined by the authority, based upon the availability of HOTC as compared to the federal LIHTC allocated or allowed for the qualified projects or such other factors the executive director deems appropriate for good cause to promote the goals and interests of the Commonwealth in the HOTC program.
E. The authority may pre-allocate future years' HOTC, but such credits cannot be claimed until the calendar year designated by the authority. Subject to the requirement that the total amount of tax credits authorized under this chapter shall not exceed $15 million per for calendar year 2021, and $60 million per year for calendar years 2022 through 2025, the authority may re-allocate, in the following calendar year, but no later than December 31, 2025, any HOTC that are recaptured, disallowed, terminated, or canceled and returned to the authority.
F. If the amount of HOTC authorized in a calendar year for qualified projects is less than the total amount of credits available for qualified projects, the balance of such credits, in an amount not greater than 15% of the amount of credits available (i) shall be allocated by the authority for any qualified project in the following calendar year, (ii) shall not be allocated at any time after such following calendar year, and (iii) shall be allocated no later than December 31, 2025.
13VAC10-200-40. Applications, ranking of applications and award of HOTC.
A. Application for a reservation of credits shall be commenced by filing with the authority an application, on such forms as the executive director may from time to time prescribe or approve, together with such documents and additional information as may be requested by the authority in order to comply with this chapter and to make the reservation and allocation of the credits in accordance with this chapter.
B. For purposes of subsection A of this section, the authority may utilize the application submitted for LIHTC, alone or with an HOTC addendum, or may require an entirely new HOTC application be submitted.
C. The executive director may:
1. Reject any application from consideration for a reservation or allocation of credits if in such application the applicant does not provide the proper documentation or information on the forms prescribed by the executive director.
2. Prescribe such deadlines for submission of applications for reservation and allocation of credits for any calendar year as deemed necessary or desirable to allow sufficient processing time for the Authority to make such reservations and allocations.
3. Divide the amount of credits into separate pools and each separate pool may be further divided into separate tiers. The division of such pools and tiers may be based upon one or more of the following factors:
a. Geographical areas of the state;
b. Types or characteristics of housing;
c. Construction;
d. Financing;
e. Owners;
f. Occupants;
g. Source of credits; or
h. Any other factors deemed appropriate by the executive director to best meet the housing needs of the Commonwealth.
D. The development for which an application is submitted may be, but shall not be required to be, financed by the authority. If any such development is to be financed by the authority, the application for such financing shall be submitted to and received by the authority in accordance with Rules and Regulations for Multi-Family Housing Developments (13VAC10-20).
E. The authority shall review each application, and, based on the application and other information available to the authority, shall assign points to each application as follows:
1. According to points assigned pursuant to 13VAC10-180, Rules and Regulations for Allocation of Low-Income Housing Tax Credits; or
2. Such other methodology for assigning points as determined by the executive director to promote the goals and interests of the Commonwealth in the HOTC program. Such methodology may include prioritizing one or more of the following:
a. Unfunded developments in the At-Large pools of the 9% 9.0% LIHTC competition, in order to produce more LIHTC units in Virginia;
b. Unfunded developments in the Local Housing Authority pool of the 9% 9.0% LIHTC competition or other developments that are a part of a local housing authority's public housing revitalization efforts;
c. 9% 9.0% LIHTC and 4.0% LIHTC developments that have not yet placed in service having equity funding gaps, in order to make such developments feasible;
d. Developments that preserve existing affordable housing;
e. Developments with rents and income limits that are more deeply targeted than required by the LIHTC program;
f. Developments in high-opportunity areas; or
g. Developments providing enhanced tenant services, as defined by the Authority.
3. Of the $60 million of HOTC authorized per calendar years 2022 through 2025, $20 million of such credits shall be first allocated exclusively for qualified projects located in a locality with a population no greater than 35,000 as determined by the most recent United States census (priority developments). Such allocation of HOTC shall constitute the minimum amount of such tax credits to be allocated for priority developments. However, if the amount of such tax credits requested for priority developments is less than the total amount of such credits available for priority developments, the balance of such credits shall be allocated for any qualified project, regardless of location. In allocating or allowing such credits to priority developments, the authority shall give equal consideration to qualified 9.0% LIHTC and 4.0% LIHTC projects.
The executive director may exclude and disregard any application that the executive director determines is not submitted in good faith or would not be financially feasible.
F. Upon assignment of points to all of the applications, the executive director shall rank the applications based on the number of points so assigned. If any pools shall have been established, each application shall be assigned to a pool and, if any, to the appropriate tier within such pool and shall be ranked within such pool or tier, if any. The amount of credits made available to each pool will be determined by the executive director. Those applications assigned more points shall be ranked higher than those applications assigned fewer points. Applications with the highest rankings shall receive allocations up to the allowable amount, determined by the executive director pursuant to 13VAC10-200-30, prior to any allocations to lower ranking applicants.
In the event of a tie in the number of points assigned to two or more projects, the executive director shall select one or more of such applications by lot for an award of credits.
G. Within a reasonable time after credits are reserved to any applicant applications, the executive director shall notify each applicant for such reservations of credits either:
1. Of the amount of credits reserved to such applicant's application by issuing to such applicant a written binding commitment to allocate such reserved credits subject to such terms and conditions as may be imposed by the executive director therein and by this chapter, or
2. That the applicant's application has been rejected or excluded or has otherwise not been reserved credits in accordance with this chapter.
H. The authority's board shall review and consider the analysis and recommendation of the executive director for the reservation of credits to an applicant, and, if it concurs with such recommendation, it shall by resolution ratify the reservation by the executive director of the credits to the applicant, subject to such terms and conditions as it shall deem necessary or appropriate to assure compliance with the binding commitment issued or to be issued to the applicant and this chapter. If the board determines not to ratify a reservation of credits or to establish any such terms and conditions, the executive director shall notify the applicant of the board's determination.
I. The authority shall provide the Department of Taxation with copies of HOTC award letters and eligibility certificates, or summary reports of the HOTC award letters and eligibility certificates no less than annually.
J. In the event the Authority terminates an applicant's award of LIHTC pursuant to 13VAC10-180-60 or the applicant enters into a cancellation agreement with the Authority for such award, the award of HOTC shall also immediately terminate or be canceled, as applicable, and the Authority will notify the Department of Taxation accordingly.
VA.R. Doc. No. R23-7343; Filed November 29, 2022
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF OPTOMETRY
Fast-Track
Title of Regulation: 18VAC105-20. Regulations Governing the Practice of Optometry (amending 18VAC105-20-45).
Statutory Authority: §§ 54.1-2400 and 54.1-3223 of the Code of Virginia.
Public Hearing Information: No public hearing is currently scheduled.
Public Comment Deadline: January 18, 2023.
Effective Date: February 2, 2023.
Agency Contact: Leslie L. Knachel, Executive Director, Board of Optometry, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 597-4130, FAX (804) 527-4471, or email leslie.knachel@dhp.virginia.gov.
Basis: Regulations are promulgated under the general authority of § 54.1-2400 of the Code of Virginia, which provides the Board of Optometry the authority to promulgate regulations to administer the regulatory system.
Purpose: The purpose of the regulatory change is greater assurance that patients will be given their contact lens prescriptions by an optometrist after the fitting is complete. By requiring some acknowledgment of receipt in the patient record, the optometrist is more likely to provide the prescription, and patient health and safety is better protected by having a prescription that may be filled from a variety of sources.
Rationale for Using the Fast-Track Rulemaking Process: There was no mandate for this action, but the impetus was a recent amendment to the Federal Trade Commission (FTC) Contact Lens Rule. The board has determined that a state version of that rule could be adopted via fast-track rulemaking process because state regulations currently follow the federal rule, and this amendment will continue that consistency. Optometrists pay more attention to their state regulations, so compliance with this chapter will assist practitioners with compliance with FTC rules.
Substance: The board is amending 18VAC105-20-45 to require an optometrist to maintain some documentation that a patient has received a contact lens prescription at the end of the final fitting, as required by state and federal rule.
Issues: The primary advantage to the public is greater protection as a patient and a consumer. The optometrist is also better protected by being able to show that the prescription was provided if a question were to arise at a later time. There are no disadvantages for the public. There are no advantages or disadvantages to the Commonwealth.
Department of Planning and Budget's Economic Impact Analysis:
The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia (Code) and Executive Order 14 (as amended, July 16, 2018). The analysis presented represents DPB's best estimate of these economic impacts.1 Summary of the Proposed Amendments to Regulation. The Board of Optometry (Board) proposes to update the regulation to reflect changes made in 2020 to the Federal Trade Commission's (FTC) Contact Lens Rule. Optometrists prescribing contact lenses would be required to obtain a confirmation that patients received their prescription.
Background. The 2003 Fairness to Contact Lens Consumers Act established consumers' rights to shop around when buying contact lenses and prescribers' and sellers' duties to prevent anticompetitive behavior.2 In 2004, the FTC issued the Contact Lens Rule to implement requirements for prescribers and sellers, specifically with regards to providing prescriptions to consumers and verifying prescriptions in a timely manner.3 In 2020, the FTC amended the Contact Lens Rule to add a requirement that prescribers obtain a confirmation from patients that the patient has received a copy of their prescription and retain the confirmation for three years.4 Accordingly, the Board proposes to add a sentence to 18VAC105-20-45 C 2 to state that "Patient confirmation of receipt of the prescription at the end of the contact lens fitting shall be maintained in the patient record." The regulation currently requires that all patient records be maintained for a period of six years; thus, the patient confirmation would also be retained for six years.
The FTC Rule provides greater detail as to how prescribers can obtain confirmation, either on paper or electronically. Specifically, prescribing providers may add language to an existing receipt for a contact lens fitting or to the prescription itself saying, "My eye care professional provided me with a copy of my contact lens prescription at the completion of my contact lens fitting." Patients may then sign under that text on the receipt or prescription, which would not require additional paperwork. If a digital copy of the prescription is provided to the patient, providers could retain evidence that the prescription was sent, received, or made accessible through an online patient portal. Rather than incorporating these details in the text of the regulation, the Board has indicated that they will issue guidance for optometrists that would contain this information.
Estimated Benefits and Costs. The proposed change is intended to enhance consumer freedom of choice among contact lens sellers. Although contact lens prescribers were already required to provide patients with a copy of their prescription, the additional requirement that prescribers obtain a confirmation would encourage compliance by prescribers and make it easier to verify compliance if the Board receives a complaint. The recordkeeping costs associated with this change are unlikely to be significant since the confirmation can be easily added to existing paperwork, such as the receipt for the contact lens fitting or to the prescription itself. Optometrists that currently provide digital copies of prescriptions through an online patient portal or encrypted email would likely be in compliance with the new requirement without having to make additional changes.
Businesses and Other Entities Affected. The proposed amendments affect the 1,680 optometrists in the Commonwealth.5 No optometrists appear to be disproportionately affected.
The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.6 An adverse impact is indicated if there is any increase in net cost or reduction in net revenue for any entity, even if the benefits exceed the costs for all entities combined. As noted, the proposed change would increase recordkeeping requirements but are unlikely to require additional paperwork or staff time. Thus, an adverse impact is not indicated.
Small Businesses7 Affected.8 The Department of Health Professions does not collect information regarding whether license holders run or are employed by a small business. However, the agency reports that the majority of licensed optometrists are likely to run small businesses. However, the proposed change would not create new costs for optometrists. Thus, an adverse economic impact9 is not indicated for small businesses.
Localities10 Affected.11 The proposed amendment would not impact any local government or disproportionally affect the practice of optometry in any particular locality. Consequently, an adverse economic impact12 is not indicated for localities.
Projected Impact on Employment. The proposed amendments would not affect employment by optometrist practices.
Effects on the Use and Value of Private Property. The proposed change would not create substantive new or ongoing costs. Consequently, the value of optometrist businesses would not be affected. The proposed amendments do not affect real estate development costs.
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1Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.
2See http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-chapter102&edition=prelim.
3See https://www.ftc.gov/tips-advice/business-center/guidance/contact-lens-rule-guide-prescribers-sellers.
4See section 315.3 (c) in https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-315.
5Agency Background Document, page 5: https://townhall.virginia.gov/L/GetFile.cfm?File=29\5862\9454\AgencyStatement_DHP_9454_v1.pdf
6Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.
7Pursuant to § 2.2-4007.04, 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."
8If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.
9Adverse impact is indicated if there is any increase in net cost or reduction in net revenue for any entity, even if the benefits exceed the costs for all entities combined.
10"Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.
11Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.
12Adverse impact is indicated if there is any increase in net cost or reduction in net revenue for any entity, even if the benefits exceed the costs for all entities combined.
Agency's Response to Economic Impact Analysis: The Board of Optometry concurs with the economic impact analysis of the Department of Planning and Budget.
Summary:
The amendment requires an optometrist to maintain some documentation that a patient has received the patient's contact lens prescription at the end of the final fitting, as required by state and federal rule.
18VAC105-20-45. Standards of practice.
A. An optometrist shall legibly document in a patient record the following:
1. During a routine or medical eye examination:
a. An adequate case history, including the patient's chief complaint;
b. The performance of appropriate testing;
c. The establishment of an assessment or diagnosis; and
d. A recommendation for an appropriate treatment or management plan, including any necessary follow-up.
2. During an initial contact lens examination:
a. The requirements of a routine or medical eye examination as prescribed in subdivision 1 of this subsection;
b. Assessment of corneal curvature;
c. Evaluation of contact lens fitting;
d. Acuity through the lens; and
e. Directions for the wear, care, and handling of lenses.
3. During a follow-up contact lens examination:
a. Evaluation of contact lens fitting and anterior segment health;
b. Acuity through the lens; and
c. Such further instructions as necessary for the individual patient.
4. In addition, the record of any examination shall include the signature of the attending optometrist and, if indicated, refraction of the patient.
B. The following information shall appear on a prescription for ophthalmic goods:
1. The printed name of the prescribing optometrist;
2. The address and telephone number at which the patient's records are maintained and the optometrist can be reached for consultation;
3. The name of the patient;
4. The signature of the optometrist;
5. The date of the examination;
6. If an expiration date is placed on a prescription for ophthalmic goods, the date shall not be less than one year unless the medical reason for a shorter expiration date is documented in the patient record; and
7. Any special instructions.
C. Contact lens.
1. Sufficient information for complete and accurate filling of an established contact lens prescription shall include (i) the power, (ii) the material or manufacturer or both, (iii) the base curve or appropriate designation, (iv) the diameter when appropriate, and (v) medically appropriate expiration date.
2. An optometrist shall provide a patient with a copy of the patient's contact lens prescription at the end of the contact lens fitting, even if the patient does not ask for it. An optometrist may first require all fees to be paid, but only if he the optometrist requires immediate payment from patients whose eye examinations reveal no need for corrective eye products. Patient confirmation of receipt of the prescription at the end of the contact lens fitting shall be maintained in the patient record.
3. An optometrist shall provide or verify the prescription to anyone who is designated to act on behalf of the patient, including contact lens sellers.
4. An optometrist shall not require patients to buy contact lenses, pay additional fees, or sign a waiver or release in exchange for a copy of the contact lens prescription.
5. An optometrist shall not disclaim liability or responsibility for the accuracy of an eye examination.
D. Spectacle lens.
1. A licensed optometrist shall provide a written prescription for spectacle lenses immediately after the eye examination is completed. He may first require all fees to be paid, but only if he requires immediate payment from patients whose eye examinations reveal no need for corrective eye products.
2. An optometrist shall not require patients to buy ophthalmic goods, pay additional fees, or sign a waiver or release in exchange for a copy of the spectacle prescription.
3. An optometrist shall not disclaim liability or responsibility for the accuracy of an eye examination.
E. Practitioners shall maintain a patient record for a minimum of six years following the last patient encounter with the following exceptions:
1. Records that have previously been transferred to another practitioner or health care provider or provided to the patient or his personal representative; or
2. Records that are required by contractual obligation or federal law to be maintained for a longer period of time.
F. Practitioners shall post information or in some manner inform all patients concerning the time frame for record retention and destruction. Patient records shall only be destroyed in a manner that protects patient confidentiality.
G. For the purpose of prescribing spectacles, eyeglasses, lenses, or contact lenses to a patient, a licensee shall establish a bona fide provider-patient relationship in accordance with requirements of § 54.1-2400.01:2 of the Code of Virginia.
VA.R. Doc. No. R23-7005; Filed November 21, 2022