VA Code 62.1-44.15 Interpretation

In Virginia, Code 62.1-44.15(5) of the State Water Control Law ("SWCL") authorizes the Board to issue certificates for the alteration of the physical, chemical or biological properties of state waters. The SWCL further designates the VWPP as "the certification required under Section 401" of the CWA. Code 62.1-44.15:5(A). "The Board shall issue a VWPP for an activity requiring 401 certification if it has determined that the proposed activity is consistent with the provisions of the CWA and will protect instream beneficial uses." Code 62.1-44.15:5(B). "Conditions contained in a VWPP may include, but are not limited to, the volume of water which may be withdrawn as a part of the permitted activity." Id.