Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part V - Surface Water Withdrawals › Section 9VAC25-210-300 - Definitions for surface water withdrawals

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this part shall
					 have the following meanings:
"Affected stream reach" means the portion of a surface
					 water body beginning at the location of a withdrawal and ending at a point
					 where effects of the withdrawal are not reasonably expected to adversely affect
					 beneficial uses.
"Agricultural surface water withdrawal" means a withdrawal
					 of surface water in Virginia or from the Potomac River for the purpose of
					 agricultural, silvicultural, horticultural, or aquacultural operations.
					 Agricultural surface water withdrawals include withdrawals for turf farm
					 operations, but do not include withdrawals for landscaping activities, or turf
					 installment and maintenance associated with landscaping activities.
"Consumptive use" means any use of water withdrawn from a
					 surface water other than a nonconsumptive use.
"Drought" means the declaration of a drought stage by the
					 Virginia Drought Coordinator or the Governor of Virginia for a particular area
					 or locality within Virginia. Drought stage declarations include watch, warning,
					 and emergency, depending upon severity, as defined by the Virginia Drought
					 Assessment and Response Plan dated March 28, 2003.
"Drought of record" means the time period during which the
					 most severe drought conditions occurred for a particular area or location, as
					 indicated by the available hydrologic and meteorologic data.
"Emergency Virginia Water Protection Permit" means a
					 Virginia Water Protection Permit issued pursuant to § 62.1-44.15:22 C of
					 the Code of Virginia authorizing a new or increased surface water withdrawal to
					 address insufficient public drinking water supplies that are caused by a
					 drought and may result in a substantial threat to human health or public
					 safety.
"Human consumption" means the use of water to support human
					 survival and health, including drinking, bathing, showering, cooking,
					 dishwashing, and maintaining hygiene.
"Instream flow" means the existing volume of water flowing
					 in a stream or water body including any seasonal variations of water levels and
					 flow.
"Intake structure" means any portion of a surface water
					 withdrawal system used to withdraw surface water that is located within the
					 surface water, such as, but not limited to, a pipe, culvert, hose, tube, or
					 screen.
"Major river basin" means the Potomac-Shenandoah River
					 Basin, the Rappahannock River Basin, the York River Basin, the James River
					 Basin, the Chowan River Basin, the Roanoke River Basin, the New River Basin, or
					 the Tennessee-Big Sandy River Basin.
"Nonconsumptive use" means the use of water withdrawn from
					 a surface water in such a manner that it is returned to the surface water
					 without substantial diminution in quantity at or near the point from which it
					 was taken and would not result in or exacerbate low flow conditions.
"Potomac River Low Flow Allocation Agreement" means the
					 agreement among the United States of America, the State of Maryland, the
					 Commonwealth of Virginia, the District of Columbia, the Washington Suburban
					 Sanitation Commission, and the Fairfax County Water Authority dated January 11,
					 1978, consented to by the United States Congress in § 181 of the Water
					 Resources Development Act of 1976, Public Law 94-587, as modified on April 22,
					 1986.
"Public water supply" means a withdrawal of surface water
					 in Virginia or from the Potomac River for the production of drinking water,
					 distributed to the general public for the purpose of, but not limited to,
					 domestic use.
"Public water supply emergency" means a substantial threat
					 to public health or safety due to insufficient public drinking water supplies
					 caused by drought.
" Section fo r
				  Cooperative Water Supply Operations on the Potomac" means a section of the
				  Interstate Commission on the Potomac River Basin designated by the Water Supply
				  Coordination Agreement as responsible for coordination of water resources
				  during times of low flow in the Potomac River.
"Surface water withdrawal" means a removal or diversion of
					 surface water in Virginia or from the Potomac River for consumptive or
					 nonconsumptive use thereby altering the instream flow or hydrologic regime of
					 the surface water. Projects that do not alter the instream flow or that alter
					 the instream flow but whose sole purpose is flood control or stormwater
					 management are not included in this definition.
"Surface water withdrawal system" means any device or
					 combination of devices used to withdraw surface water such as, but not limited
					 to, a machine, pump, culvert, hose, tube, screen, or fabricated concrete or
					 metal structure.
"Variance" means a mechanism that allows temporary waiver
					 of the generally applicable withdrawal limitation requirements or instream flow
					 conditions of a VWP permit during a drought.
"Water Supply Coordination Agreement" means the agreement
					 among the United States of America, the Fairfax County Water Authority, the
					 Washington Suburban Sanitary Commission, the District of Columbia, and the
					 Interstate Commission on the Potomac River Basin, dated July 22, 1982, which
					 establishes agreement among the suppliers to operate their respective water
					 supply systems in a coordinated manner and which outlines operating rules and
					 procedures for reducing impacts of severe droughts in the Potomac River
					 Basin.
"Water supply plan" means a document developed in
					 compliance with 9VAC25-780.
Statutory Authority: §§ 62.1-44.15 and
						62.1-44.15:5 of the Code of Virginia; § 401 of the Clean Water Act (33 USC
						§ 1251 et seq.).