                                 CODE OF VIRGINIA

LAKE LEVEL CONTINGENCY PLANS (§ 62.1-44.15:1.2)

Any Virginia Pollutant Discharge Elimination System permit issued for a surface
water impoundment whose primary purpose is to provide cooling water to power
generators shall include a lake level contingency plan to allow specific
reductions in the flow required to be released when the water level above the
dam drops below designated levels due to drought conditions. The plan shall take
into account and minimize any adverse effects of any release reduction
requirements on beneficial uses, as defined in § 62.1-10, within the
impoundment, and on downstream users. The reduction in release amounts required
by a lake level contingency plan shall not be implemented to the extent they
result in an adverse impact to (i) the ability to meet water quality standards
based upon permitted discharge amounts, (ii) the ability to provide adequate
water supplies for consumptive purposes such as drinking water and fire
protection, and (iii) fish and wildlife resources. In the event there is an
imminent threat of such an adverse impact, the permit holder and the Department
of Environmental Quality shall be notified. Upon such notification, the permit
holder may increase release amounts as specified in the permit for up to
forty-eight hours or until such time as the Department of Environmental Quality
determines whether or not the increase in release amounts is necessary. This
section shall not apply to any such facility that addresses releases and flow
requirements during drought conditions in a Virginia Water Protection Permit.

HISTORY: 2000, cc. 103, 119; 2001, c. 116.