62.1-44.15:1.2 - Lake level contingency plans - Virginia Statutes

§ 62.1-44.15:1.2. Lake level contingency plans.

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

(2000, cc. 103, 119; 2001, c. 116.)