9VAC25-260-90. Thermal variances

The temperature limits set forth in 9VAC25-260-50 through 9VAC25-260-80 may be superseded in certain locations where a thermal variance demonstration is performed in accordance with § 316(a) of the Clean Water Act. A successful demonstration accepted by the board concerning thermal discharge limits carried out under § 316(a) of the Clean Water Act shall constitute compliance with the temperature requirements of these standards. A successful demonstration must assure the protection and propagation of a balanced indigenous population of aquatic species and wildlife in or on the water into which the discharge is made. When making a determination concerning thermal discharge limits under § 316(a) of the Clean Water Act, the board shall provide notice and opportunity for a public hearing.