Final Text
CHAPTER 610
GROUND WATER GROUNDWATER WITHDRAWAL REGULATIONS
Part I
General
9VAC25-610-10. Definitions.
Unless a different meaning is required by the context, the following terms as used in this chapter shall have the following meanings:
"Act" means the Ground Water Management Act of 1992, Chapter 25 (§ 62.1-254 et seq.) of Title 62.1 of the Code of Virginia.
"Adverse impact" means reductions in ground water
groundwater levels or changes in ground water groundwater
quality that limit the ability of any existing ground water groundwater
user lawfully withdrawing or authorized to withdraw ground water groundwater
at the time of permit or special exception issuance to continue to withdraw the
quantity and quality of ground water groundwater required by the
existing use. Existing groundwater users include all those persons who
have been granted a ground water groundwater withdrawal permit
subject to this chapter and all other persons who are excluded from permit
requirements by 9VAC25-610-50.
"Agricultural use" means utilizing groundwater for the purpose of agricultural, silvicultural, horticultural, or aquacultural operations. Agricultural use includes withdrawals for turf farm operations, but does not include withdrawals for landscaping activities or turf installment and maintenance associated with landscaping activities.
"Applicant" means a person filing an application to
initiate or enlarge a ground water groundwater withdrawal in a ground
water groundwater management area.
"Area of impact" means the areal extent of each aquifer where more than one foot of drawdown is predicted to occur due to a proposed withdrawal.
"Beneficial use" includes, but is not limited to domestic (including public water supply), agricultural, commercial, and industrial uses.
"Board" means the State Water Control Board.
"Consumptive use" means the withdrawal of ground
water groundwater, without recycle of said waters to their source of
origin.
"Department" means the Department of Environmental Quality.
"Draft permit" means a prepared document indicating the board's tentative decision relative to a permit action.
"Director" means the director of the Department of Environmental Quality.
"Geophysical investigation" means any hydrogeologic
evaluation to define the hydrogeologic framework of an area or determine the
hydrogeologic properties of any aquifer or confining unit to the extent that
withdrawals associated with such investigations do not result in unmitigated
adverse impacts to existing ground water groundwater users.
Geophysical investigations include, but are not limited to, pump tests and
aquifer tests.
"Ground water" "Groundwater"
means any water, except capillary moisture, beneath the land surface in the
zone of saturation or beneath the bed of any stream, lake, reservoir or other
body of surface water wholly or partially within the boundaries of this
Commonwealth, whatever the subsurface geologic structure in which such water
stands, flows, percolates or otherwise occurs.
[ "Historic prepumping water levels" means
ground water groundwater levels in aquifers prior to the initiation of
any ground water groundwater withdrawals. For the purpose of this
chapter, in the Eastern Virginia and Eastern Shore Ground Water Groundwater
Management Areas, historic prepumping water levels are defined as water levels
present in aquifers prior to 1890. ]
"Human consumption" means the use of water
[ for to support human survival and health, including ]
drinking, bathing, showering, cooking, dishwashing, and maintaining
[ oral ] hygiene.
"Human consumptive use" means the withdrawal of
ground water for private residential domestic use and that portion of ground
water withdrawals in a public water supply system that support residential
domestic uses and domestic uses at commercial and industrial establishments.
"Mitigate" means to take actions necessary to assure
that all existing ground water groundwater users at the time of
issuance of a permit or special exception who experience adverse impacts
continue to have access to the amount and quality of ground water groundwater
needed for existing uses.
"Permit" means a ground water groundwater
withdrawal permit issued by the board under the Ground Water
Management Act of 1992 permitting the withdrawal of a specified quantity of
ground water groundwater under specified conditions in a ground
water groundwater management area.
"Permittee" means a person who currently has an
effective ground water groundwater withdrawal permit issued by
the board under the Ground Water Act of 1992.
"Person" means any and all persons, including individuals, firms, partnerships, associations, public or private institutions, municipalities or political subdivisions, governmental agencies, or private or public corporations organized under the laws of this Commonwealth or any other state or country.
"Practicable" means available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes.
"Public hearing" means a fact finding proceeding
held to afford interested persons an opportunity to submit factual data, views
and comments to the board pursuant to the board's Procedural Rule No. 1.
§ 62.1-44.15:02 of the Code of Virginia.
"Salt water intrusion" means the encroachment of
saline waters in any aquifer that create adverse impacts to existing ground
water groundwater users or is counter to the public interest.
"Special exception" means a document issued by the
board for withdrawal of ground water groundwater in unusual
situations where requiring the user to obtain a ground water groundwater
withdrawal permit would be contrary to the purpose of the Ground Water
Management Act of 1992. Special exceptions allow the withdrawal of a specified
quantity of ground water groundwater under specified conditions
in a ground water groundwater management area.
"Supplemental drought relief well" means a well permitted to withdraw a specified amount of groundwater to meet human consumption needs during declared drought conditions after mandatory water use restrictions have been implemented.
"Surface water and ground water groundwater
conjunctive use system" means an integrated water supply system wherein
surface water is the primary source and ground water groundwater
is a supplemental source that is used to augment the surface water source when
the surface water source is not able to produce the amount of water necessary
to support the annual water demands of the system.
"Well" means any artificial opening or artificially
altered natural opening, however made, by which ground water groundwater
is sought or through which ground water groundwater flows under
natural pressure or is intended to be withdrawn.
"Withdrawal system" means (i) one or more wells or withdrawal points located on the same or contiguous properties under common ownership for which the withdrawal is applied to the same beneficial use or (ii) two or more connected wells or withdrawal points which are under common ownership but are not necessarily located on contiguous properties.
9VAC25-610-20. Purpose.
The Groundwater Ground Water Management Act of
1992 recognizes and declares that the right to reasonable control of all ground
water groundwater resources within the Commonwealth belongs to the public
and that in order to conserve, protect and beneficially utilize the ground
water groundwater resource and to ensure the public welfare, safety
and health, provisions for management and control of ground water groundwater
resources are essential. This chapter delineates the procedures and
requirements to be followed when establishing Groundwater Management Areas and
the issuance of Groundwater Withdrawal Permits by the board pursuant to the Groundwater
Ground Water Management Act of 1992.
9VAC25-610-40. Prohibitions and requirements for ground water
groundwater withdrawals.
A. No person shall withdraw, attempt to withdraw, or allow the
withdrawal of ground water groundwater within a ground water
groundwater management area, except as authorized pursuant to a ground
water groundwater withdrawal permit, or as excluded in
9VAC25-610-50.
B. No permit or special exception shall be issued for more ground
water groundwater than can be applied to the proposed beneficial
use.
9VAC25-610-50. Exclusions.
The following do not require a ground water groundwater
withdrawal permit:
1. Withdrawals of less than 300,000 gallons per month;
2. Withdrawals associated with temporary construction dewatering that do not exceed 24 months in duration;
3. Withdrawals associated with a state-approved ground water
groundwater remediation that do not exceed 60 months in duration;
4. Withdrawals for use by a ground water groundwater
source heat pump where the discharge is reinjected into the aquifer from which
it was withdrawn;
5. Withdrawals from ponds recharged by ground water groundwater
without mechanical assistance;
6. Withdrawals for the purpose of conducting geophysical investigations, including pump tests;
7. Withdrawals coincident with exploration for and extraction
of coal or activities associated with coal mining regulated by the Department
of Mines, Minerals, and Energy;
8. Withdrawals coincident with the exploration for or
production of oil, gas or other minerals other than coal, unless such
withdrawal adversely impacts aquifer quantity or quality or other ground
water groundwater users within a ground water groundwater
management area;
9. Withdrawals in any area not declared to be a ground water
groundwater management area;
10. Withdrawal of ground water groundwater
authorized pursuant to a special exception issued by the board; and
11. Withdrawal of ground water groundwater
discharged from free flowing springs where the natural flow of the spring has
not been increased by any method.
9VAC25-610-60. Effect of a permit.
A. Compliance with a ground water groundwater
withdrawal permit constitutes compliance with the permit requirements of the Groundwater
Ground Water Management Act of 1992.
B. The issuance of a permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize injury to private property or any invasion of personal rights or any infringement of federal, state or local law or regulation.
Part II
Declaration of [ Ground Water Groundwater ] Management
Areas
9VAC25-610-70. Criteria for consideration of a ground water
groundwater management area.
The board upon its own motion, or in its discretion, upon receipt
of a petition by any county, city or town within the area in question, may
initiate a ground water groundwater management area proceeding,
whenever in its judgment there is reason to believe that any one of the four
following conditions exist:
1. Ground water Groundwater levels in the area
are declining or are expected to decline excessively;
2. The wells of two or more ground water groundwater
users within the area are interfering or may be reasonably expected to
interfere substantially with one another;
3. The available ground water groundwater supply
has been or may be overdrawn; or
4. The ground water groundwater in the area has
been or may become polluted.
9VAC25-610-80. Declaration of ground water groundwater
management areas.
A. If the board finds that any of the conditions listed in
9VAC25-610-70 exist, and further determines that the public welfare, safety and
health require that regulatory efforts be initiated, the board shall declare
the area in question a ground water groundwater management area,
by regulation.
B. Such regulations shall be promulgated in accordance with
the agency's Public Participation Guidelines (9VAC25-10-10 et seq.) (9VAC25-11)
and the Administrative Process Act (§ 9-6.14:1 et seq. of the Code of
Virginia) (§ 2.2-4000 et seq. of the Code of Virginia).
C. The regulation shall define the boundaries of the ground
water groundwater management area, and identify the aquifers to be
included in the ground water groundwater management area. Any
number of aquifers that either wholly or partially overlie one another may be
included within the same ground water groundwater management
area.
D. After adoption the board shall mail [ by postal or
electronic delivery ] a copy of the regulation to the mayor or
chairman of the governing body of each county, city or town within which any
part of the ground water groundwater management area lies.
Part III
Permit Application and Issuance
9VAC25-610-85. Preapplication meeting.
A. The applicant and owner or operator intending to apply for a new or expanded application for a groundwater withdrawal or reapply for a current permitted withdrawal shall schedule a meeting with the department prior to submitting their permit application. The purpose of the meeting is to have a mutual exchange of information on the proposed application and applicable regulatory requirements. If the preapplication meeting is being held for a public water supply system, the Virginia Department of Health may participate in the preapplication meeting by providing information and guidance to assist the applicant with meeting Virginia Department of Health regulatory requirements.
B. For applicants reapplying for a current permitted withdrawal, during the preapplication meeting, the department shall discuss information provided in previous permit applications and regular submittals that may or may not be resubmitted as part of the permit application.
Part III
Permit Application and Issuance
9VAC25-610-90. Application for a permit by groundwater users in existing groundwater management areas withdrawing prior to July 1, 1992.
A. Persons withdrawing ground water groundwater
or who have rights to withdraw ground water groundwater prior to
July 1, 1992, in the Eastern Virginia or Eastern Shore Ground Water Groundwater
Management Areas and not excluded from requirements of this chapter by
9VAC25-610-50 shall apply for a permit.
1. Any person who was issued a certificate of ground water
groundwater right or a permit to withdraw ground water groundwater
prior to July 1, 1991, and who was withdrawing ground water groundwater
pursuant to said permit or certificate on July 1, 1992, shall file an
application on or before December 31, 1992, to continue said withdrawal. The
applicant shall demonstrate the claimed prior withdrawals through withdrawal
reports required by the existing certificate or permit or by reports required
by Water Withdrawal Reporting Regulations (9VAC25-200-10 et seq.).
2. Any person who was issued a certificate of ground water
groundwater right or a permit to withdraw ground water groundwater
prior to July 1, 1991, and who had not initiated the withdrawal prior to July
1, 1992, may initiate a withdrawal on or after July 1, 1992, pursuant to the
terms and conditions of the certificate or permit and shall file an application
for a ground water groundwater withdrawal permit on or before
December 31, 1995, to continue said withdrawal. The applicant shall demonstrate
the claimed prior withdrawals through withdrawal reports required by the
existing certificate or permit or by reports required by Water Withdrawal
Reporting Regulations (9VAC25-200-10 et seq.).
3. Any person who was issued a permit to withdraw ground
water groundwater on or after July 1, 1991, and prior to July 1,
1992, shall not be required to apply for a ground water groundwater
withdrawal permit until the expiration of the permit to withdraw ground
water groundwater or 10 years from the date of issuance of the
permit to withdraw ground water, groundwater whichever occurs
first. Such persons shall reapply for a ground water groundwater
withdrawal permit as described in subsection D of this section 9VAC25-610-96.
4. Any person withdrawing ground water groundwater
for agricultural or livestock watering purposes on or before July 1, 1992,
shall file an application for a ground water groundwater
withdrawal permit on or before December 31, 1993. The applicant shall
demonstrate the claimed prior withdrawals by voluntary withdrawal reports
required by Water Withdrawal Reporting Regulations (9VAC25-200-10 et seq.)
when such reports have been filed with the board. When such reports are not
available, estimates of withdrawal will be accepted that are based on the area
irrigated, depth of irrigation, and annual number of irrigations; pumping
capacity and annual pumping time; annual energy consumption for pumps, energy
consumption per hour, and pumping capacity; number and type of livestock
watered annually; number and type of livestock where water is used for cooling
purposes; or other methods approved by the board.
5. Any political subdivision, or authority serving a political
subdivision, holding a certificate of ground water groundwater
right or a permit to withdraw ground water groundwater issued
prior to July 1, 1992, for the operation of a public water supply well for the
purpose of providing supplemental water during drought conditions, shall file
an application on or before December 31, 1992. Any political subdivision, or
authority serving a political subdivision, shall submit, as part of the
application, a water conservation and management plan as described in
9VAC25-610-100 B.
6. Any person who is required to apply in subdivision 1, 2, or
5 of this subsection section and who uses the certificated or
permitted withdrawal to operate a public water supply system shall provide a
copy of the waterworks operation permit, or equivalent, with the required
application for a ground water groundwater withdrawal permit.
7. Any person described in subdivision 1, 2, 3, or 5 of this subsection
section who files a complete application by the date required may
continue to withdraw ground water groundwater pursuant to the existing
certificate or permit until such time as the board takes action on the
outstanding application for a ground water groundwater withdrawal
permit.
8. Any person described in subdivision 4 of this subsection
section who files a complete application by the date required may
continue his existing withdrawal until such time as the board takes action on
the outstanding application for a ground water groundwater
withdrawal permit.
9. Any person described in subdivision 1, 2, 3, 4, or 5 of this
subsection section who files an incomplete application by the
date required may continue to withdraw ground water groundwater
as described in subdivisions 7 and 8 of this subsection section
provided that all information required to complete the application is provided
to the board within 60 days of the board's notice to the applicant of
deficiencies. Should such person not provide the board the required information
within 60 days, he shall cease withdrawals until he provides any additional
information to the board and the board concurs that the application is
complete.
10. A complete application for those persons described in
subdivision 1, 2, 3, 4, or 5 of this subsection section shall
contain:
a. A ground water withdrawal permit application completed
in its entirety. Application forms shall be submitted in a format specified by
the board. Such application forms are available from the Department of
Environmental Quality;
b. Well construction documentation for all wells associated
with the application;
c. Locations of all wells associated with the application
shown on United States Geological Survey 7-1/2 minute topographic maps or
copies of such maps;
d. Withdrawal reports required by the existing certificate
or permit, reports required by Water Withdrawal Reporting Regulations
(9VAC25-200-10 et seq.), or estimates of withdrawals as described in
subdivision 4 of this subsection to support any claimed prior withdrawal; and
e. A copy of the Virginia Department of Health waterworks
operation permit, or equivalent, where applicable.
f. Persons described in subdivision 5 of this subsection
shall submit a water conservation and management plan as described in
9VAC25-610-100.
g. The application shall have an original signature as
described in 9VAC25-610-150.
a. The permit fee as required by the Fees for Permits and Certificates Regulations (9VAC25-20);
b. A groundwater withdrawal permit application completed in its entirety with all maps, attachments, and addenda that may be required. Application forms shall be submitted in a format specified by the board. Such application forms are available from the Department of Environmental Quality;
c. A signature as described in 9VAC25-610-150;
d. Well construction documentation for all wells associated with the application submitted on the Water Well Completion Report, Form GW2, which includes the following information:
(1) The depth of the well;
(2) The diameter, top and bottom, and material of each cased interval;
(3) The diameter, top and bottom, for each screened interval; and
(4) The depth of pump intake.
e. Locations of all wells associated with the application shown on United States Geological Survey 7-1/2 minute topographic maps. The applicant shall provide the latitude and longitude coordinates in a datum specified by the department for each existing and proposed well. The detailed location map shall be of sufficient detail such that all wells may be easily located for site inspection;
f. A map identifying the service areas for public water supplies;
g. Information on surface water and groundwater conjunctive use systems as described in 9VAC25-610-104 if applicable.
h. Persons described in subdivision 5 of this section shall submit a water conservation and management plan as described in 9VAC25-610-100;
i. Withdrawal reports required by the existing groundwater certificate or permit, reports required by Water Withdrawal Reporting Regulations (9VAC25-200), or estimates of withdrawals as described in subdivision 4 of this section to support any claimed prior withdrawal; and
j. A copy of the Virginia Department of Health waterworks operation permit, or equivalent, where applicable.
11. The board may waive the requirement for information listed in subdivision 10 of this section to be submitted if it has access to substantially identical information that remains accurate and relevant to the permit application.
11. 12. Any person described in subdivision 1, 2,
3, or 5 of this subsection section who fails to file an
application by the date required creates the presumption that all claims to ground
water groundwater withdrawal based on historic use have been
abandoned. Should any such person wish to rebut the presumption that claims to ground
water groundwater withdrawal based on historic use have been
abandoned, he shall have filed an application with a letter of explanation to
the board by November 21, 1993. Any such person failing to rebut the
presumption that claims to ground water groundwater withdrawal
based on historic use have been abandoned who wishes to withdraw ground
water groundwater shall apply for a new withdrawal as described in subsection
C of this section 9VAC25-610-94.
12. 13. Any person described in subdivision 4 of
this subsection section who fails to file an application by the date
required creates the presumption that all claims to ground water groundwater
withdrawal based on historic use have been abandoned. Should any such person
wish to rebut the presumption that claims to ground water groundwater
withdrawal based on historic use have been abandoned, he may do so by filing an
application with a letter of explanation to the board within 60 days of the
original required date or within 60 days of January 1, 1999, whichever is
later. Any such person failing to rebut the presumption that claims to ground
water groundwater withdrawal based on historic use have been
abandoned who wishes to withdraw ground water groundwater shall
apply for a new withdrawal as described in subsection C of this section 9VAC25-610-94.
B. Persons withdrawing ground water when a ground water
management area is declared or expanded after July 1, 1992, and not excluded
from requirements of this chapter by 9VAC25-610-50 shall apply for a permit.
1. Any person withdrawing ground water in an area that is
declared to be a ground water management area after July 1, 1992, shall file an
application for a ground water within six months of the effective date of the
regulation creating or expanding the ground water management area. The
applicant shall demonstrate the claimed prior withdrawals through withdrawal
reports required by Water Withdrawal Reporting Regulations (9VAC25-200-10 et
seq.). In the case of agricultural ground water withdrawals not required to
report by Water Withdrawal Reporting Regulations, estimates of withdrawal will
be accepted that are based on the area irrigated, depth of irrigation, and
annual number of irrigations; pumping capacity and annual pumping time; annual
energy consumption for pumps, energy consumption per hour, and pumping
capacity; number and type of livestock watered annually; number and type of
livestock where water is used for cooling purposes; or other methods approved
by the board.
2. Any person withdrawing ground water who uses the
withdrawal to operate a public water supply system shall provide a copy of the
waterworks operation permit, or equivalent, with the required application for a
ground water withdrawal permit.
3. Any person who is required to apply for a ground water
withdrawal permit and files a complete application within six months after the
effective date of the regulation creating or expanding a ground water
management area may continue their withdrawal until such time as the board
takes action on the outstanding application for a ground water withdrawal
permit.
4. Any person who is required to apply for a ground water
withdrawal permit and files an incomplete application within six months after
the effective date of the regulation creating or expanding a ground water
management area may continue to withdraw ground water as described in
subdivision 3 of this subsection provided that all the information required to
complete the application is provided to the board within 60 days of the board's
notice to the applicant of deficiencies. Should such person not provide the
board the required information within 60 days, he shall cease withdrawals until
he provides any additional information to the board and the board concurs that
the application is complete.
5. A complete application for those persons described in
subdivision 1 of this subsection shall contain:
a. A ground water withdrawal permit application completed
in its entirety. Application forms shall be submitted in a format specified by
the board. Such application forms are available from the Department of Environmental
Quality;
b. Well construction documentation for all wells associated
with the application;
c. Locations of all wells associated with the application
shown on United States Geological Survey 7-1/2 minute topographic maps or
copies of such maps;
d. Withdrawal reports required by Water Withdrawal
Reporting Regulations (9VAC25-200-10 et seq.) or estimates of withdrawals as
described in subdivision 1 of this subsection to support any claimed prior
withdrawal;
e. A copy of the Virginia Department of Health waterworks
operation permit, where applicable; and
f. The application shall have an original signature as
described in 9VAC25-610-150.
6. Any person who fails to file an application within six
months after the effective date creating or expanding a ground water management
area creates the presumption that all claims to ground water withdrawal based
on historic use have been abandoned. Should any such person wish to rebut the
presumption that claims to ground water withdrawal based on historic use have
been abandoned, they may do so by filing an application with a letter of
explanation to the board within eight months after the date creating or
expanding the ground water management area. Any such person failing to rebut
the presumption that claims to ground water withdrawal based on historic use
have been abandoned who wishes to withdraw ground water shall apply for a new
withdrawal as described in subsection C of this section.
C. Persons wishing to initiate a new withdrawal or expand
an existing withdrawal in any ground water management area and not excluded
from requirements of this chapter by 9VAC25-610-50 shall apply for a permit.
1. A ground water withdrawal permit application shall be
completed and submitted to the board and a ground water withdrawal permit
issued by the board prior to the initiation of any withdrawal not specifically
excluded in 9VAC25-610-50.
2. A complete ground water withdrawal permit application for
a new or expanded withdrawal, at a minimum, shall contain the following:
a. A ground water withdrawal permit application completed
in its entirety with all maps, attachments, and addenda that may be required;
b. The application shall include notification from the
local governing body of the county, city or town in which the withdrawal is to
occur that the location and operation of the withdrawing facility is in
compliance with all ordinances adopted pursuant to Chapter 22 (§ 15.2-2200 et
seq.) of Title 15.2 of the Code of Virginia. If the governing body of any
county, city or town fails to respond within 45 days following receipt of a
written request by certified mail, return receipt requested, by an applicant
for certification that the location and operation of the proposed facility is
consistent with all ordinances adopted pursuant to Chapter 22 (§ 15.2-2200 et
seq.) of Title 15.2 of the Code of Virginia, the location and operation of the
proposed facility shall be deemed to comply with the provisions of such
ordinances for the purposes of this chapter;
c. The application shall have an original signature as
described in 9VAC25-610-150;
d. The application shall include locations of all wells
associated with the application shown on United States Geological Survey 7-1/2
minute topographic maps or copies of such maps and a detailed location map of
each existing and proposed well. The detailed location map shall be of
sufficient detail such that all wells may be easily located for site
inspection;
e. A completed well construction report for all existing
wells associated with the application. Well construction report forms will be
in a format specified by the board and are available from the Department of
Environmental Quality;
f. An evaluation of the lowest quality water needed for the
intended beneficial use;
g. An evaluation of sources of water supply, other than
ground water, including sources of reclaimed water; and
h. A water conservation and management plan as described in
9VAC25-610-100.
3. In addition to requirements contained in subdivision 2 of
this subsection, the board may require any or all of the following information
prior to considering an application complete.
a. A plan to mitigate potential adverse impacts due to the
proposed withdrawal on existing ground water users.
b. The installation of monitoring wells and the collection
and analysis of drill cuttings, continuous cores, geophysical logs, water
quality samples or other hydrogeologic information necessary to characterize
the aquifer system present at the proposed withdrawal site.
c. The completion of pump tests or aquifer tests to
determine aquifer characteristics at the proposed withdrawal site.
d. Other information that the board believes is necessary
to evaluate the application.
D. Duty to reapply.
1. Any permittee with an effective permit shall submit a new
permit application at least 270 days before the expiration date of an effective
permit unless permission for a later date has been granted by the board.
2. Permittees who have effective permits shall submit a new
application 270 days prior to any proposed modification to their activity which
will:
a. Result in an increase of withdrawals above permitted
limits; and
b. Violate or lead to the violation of the terms and
conditions of the permit.
3. The applicant shall provide all information described in
subdivisions C 1 and 2 of this section and may be required to provide any
information described in subdivision C 3 of this section for any reapplication.
E. Where the board considers an application incomplete
under the requirements of this section, the board may require the submission of
additional information after an application has been filed, and may suspend
processing of any application until such time as the applicant has supplied
missing or deficient information and the board considers the application
complete. Further, where the applicant becomes aware that he omitted one or
more relevant facts from a permit application, or submitted incorrect
information in a permit application or in any report to the board, he shall
immediately submit such facts or the correct information.
F. When an application does not accurately describe an
existing or proposed ground water withdrawal system, the board may require the
applicant to amend the existing application, submit a new application, or
submit new applications before the application will be processed.
G. All persons required by this chapter to apply for ground
water withdrawal permits shall submit application forms in a format specified
by the board. Such application forms are available from the Department of
Environmental Quality.
H. No ground water withdrawal permit application shall be
considered complete until a permit fee is submitted as required by regulations
in Fees for Permits and Certificates (9VAC25-20-10 et seq.).
9VAC25-610-92. Application for a permit by existing users when a groundwater management area is declared or expanded on or after July 1, 1992.
Persons withdrawing groundwater when a groundwater management area is declared or expanded on or after July 1, 1992, and not excluded from requirements of this chapter by 9VAC25-610-50 shall apply for a permit.
1. Any person withdrawing groundwater in an area that is declared to be a groundwater management area on or after July 1, 1992, shall file an application for a groundwater permit within six months of the effective date of the regulation creating or expanding the groundwater management area. The applicant shall demonstrate the claimed prior withdrawals through withdrawal reports required by Water Withdrawal Reporting Regulations (9VAC25-200), or other methods approved by the board if reporting information pursuant to the Water Withdrawal Reporting Regulations is not available. In the case of agricultural groundwater withdrawals not required to report by Water Withdrawal Reporting Regulations, estimates of withdrawal will be accepted that are based on the area irrigated, depth of irrigation, and annual number of irrigations; pumping capacity and annual pumping time; annual energy consumption for pumps, energy consumption per hour, and pumping capacity; number and type of livestock watered annually; number and type of livestock where water is used for cooling purposes; or other methods approved by the board.
2. Any person withdrawing groundwater who uses the withdrawal to operate a public water supply system shall provide a copy of the waterworks operation permit, or equivalent, with the required application for a groundwater withdrawal permit.
3. Any person who is required to apply for a groundwater withdrawal permit and files a complete application within six months after the effective date of the regulation creating or expanding a groundwater management area may continue their existing documented withdrawal until such time as the board takes action on the outstanding application for a groundwater withdrawal permit.
4. Any person who is required to apply for a groundwater withdrawal permit and files an incomplete application within six months after the effective date of the regulation creating or expanding a groundwater management area may continue to withdraw groundwater as described in subdivision 3 of this section provided that all the information required to complete the application is provided to the board within 60 days of the board's notice to the applicant of deficiencies. Should such person not provide the board the required information within 60 days, he shall cease withdrawals until he provides any additional information to the board and the board concurs that the application is complete.
5. A complete application for those persons described in subdivision 1 of this section shall contain:
a. The permit fee as required by the Fees for Permits and Certificates Regulations (9VAC25-20);
b. A groundwater withdrawal permit application completed in its entirety with all maps, attachments, and addenda that may be required. Application forms shall be submitted in a format specified by the board. Such application forms are available from the Department of Environmental Quality;
c. A signature as described in 9VAC25-610-150;
d. Well construction documentation for all wells associated with the application submitted on the Water Well Completion Report, Form GW2, which includes the following information:
(1) The depth of the well;
(2) The diameter, top and bottom, and material of each cased interval;
(3) The diameter, top and bottom, for each screened interval; and
(4) The depth of pump intake;
e. Locations of all wells associated with the application shown on United States Geological Survey 7-1/2 minute topographic maps. The applicant shall provide the latitude and longitude coordinates in a datum specified by the department for each existing and proposed well. The detailed location map shall be of sufficient detail such that all wells may be easily located for site inspection;
f. A map identifying the service areas for public water supplies;
g. Information on surface water and groundwater conjunctive use systems as described in 9VAC25-610-104 if applicable;
h. Withdrawal reports required by Water Withdrawal
Reporting Regulations (9VAC25-200), other documentation demonstrating
historical water use approved by the board to support claimed prior withdrawals
if [ water ] Water Withdrawal Reporting
information is unavailable or estimates of withdrawals as described in
subdivision 1 of this section to support any claimed prior withdrawal; and
i. A copy of the Virginia Department of Health waterworks operation permit where applicable.
6. The board may waive the requirement for information listed in subdivision 5 of this section to be submitted if it has access to substantially identical information that remains accurate and relevant to the permit application.
7. Any person who fails to file an application within six months after the effective date creating or expanding a groundwater management area creates the presumption that all claims to groundwater withdrawal based on historic use have been abandoned. Should any such person wish to rebut the presumption that claims to groundwater withdrawal based on historic use have been abandoned, they may do so by filing an application with a letter of explanation to the board within eight months after the date creating or expanding the groundwater management area. Any such person failing to rebut the presumption that claims to groundwater withdrawal based on historic use have been abandoned who wishes to withdraw groundwater shall apply for a new withdrawal as described in 9VAC25-610-94.
9VAC25-610-94. Application for a new permit, expansion of an existing withdrawal, or reapplication for a current permitted withdrawal.
Persons wishing to initiate a new withdrawal, expand an existing withdrawal, or reapply for a current permitted withdrawal in any groundwater management area and not excluded from requirements of this chapter by 9VAC25-610-50 shall apply for a permit.
1. A groundwater withdrawal permit application shall be completed and submitted to the board and a groundwater withdrawal permit issued by the board prior to the initiation of any withdrawal not specifically excluded in 9VAC25-610-50.
2. A complete groundwater withdrawal permit application for a new or expanded withdrawal, or reapplication for a current withdrawal, shall contain the following:
a. The permit fee as required by the Fees for Permits and Certificates Regulations (9VAC25-20);
b. A groundwater withdrawal permit application completed in its entirety with all maps, attachments, and addenda that may be required. Application forms shall be submitted in a format specified by the board. Such application forms are available from the Department of Environmental Quality;
c. A signature as described in 9VAC25-610-150;
d. A completed well construction report for all existing wells associated with the application submitted on the Water Well Completion Report, Form GW2;
e. The application shall include locations of all wells associated with the application shown on United States Geological Survey 7-1/2 minute topographic maps. The applicant shall provide the latitude and longitude coordinates in a datum specified by the department for each existing and proposed well. The detailed location map shall be of sufficient detail such that all wells may be easily located for site inspection;
f. A map identifying the service areas for public water supplies;
g. Information on surface water and groundwater conjunctive use systems as described in 9VAC25-610-104 if applicable;
h. A water conservation and management plan as described in 9VAC25-610-100;
i. The application shall include notification from the local governing body in which the withdrawal is to occur that the location and operation of the withdrawing facility is in compliance with all ordinances adopted pursuant to Chapter 22 (§ 15.2-2200 et seq.) of Title 15.2 of the Code of Virginia. If the governing body fails to respond to the applicant's request for certification within 45 days of receipt of the written request, the location and operation of the proposed facility shall be deemed to comply with the provisions of such ordinances for the purposes of this chapter. The applicant shall document the local governing body's receipt of the request for certification through the use of certified mail or other means that establishes proof of delivery;
j. An alternatives analysis that evaluates sources of water supply other than groundwater, including sources of reclaimed water, and the lowest quality of water needed for the intended beneficial use as described in 9VAC25-610-102;
k. Documentation justifying the need for future water supply as described in 9VAC25-610-102;
l. A plan to mitigate potential adverse impacts from the proposed withdrawal on existing groundwater users. In lieu of developing individual mitigation plans, multiple applicants may choose to establish a mitigation program to collectively develop and implement a cooperative mitigation plan that covers the entire area of impact of all members of the mitigation program; and
m. Other relevant information that may be required by the board to evaluate the application.
3. In addition to requirements contained in subdivision 2 of this section, the board may require any or all of the following information prior to considering an application complete.
a. The installation of monitoring wells and the collection and analysis of drill cuttings, continuous cores, geophysical logs, water quality samples, or other hydrogeologic information necessary to characterize the aquifer system present at the proposed withdrawal site.
b. The completion of pump tests or aquifer tests to determine aquifer characteristics at the proposed withdrawal site.
4. The board may waive the requirement for information listed in subdivision 2 or 3 of this section to be submitted if it has access to substantially identical information that remains accurate and relevant to the permit application.
9VAC25-610-96. Duty to reapply for a permit.
A. Any permittee with an effective permit shall submit a new permit application at least 270 days before the expiration date of an effective permit unless permission for a later date has been granted by the board. If a complete application for a new permit has been filed in a timely manner, and the board is unable, through no fault of the permittee, to issue a new permit before the expiration date of the previous permit, the permit may be administratively continued.
B. Permittees who have effective permits shall submit a new application 270 days prior to any proposed modification to their activity or withdrawal system that will:
1. Result in an increase of withdrawals above permitted limits; or
2. Violate or lead to the violation of the terms and conditions of the permit.
C. The applicant shall provide all information described in 9VAC25-610-94 for any reapplication. The information may be provided by referencing information previously submitted to the department that remains accurate and relevant to the permit application. The board may waive any requirement of 9VAC25-610-94 if it has access to substantially identical information.
9VAC25-610-98. Incomplete or inaccurate applications.
A. Where the board finds an application to be incomplete under the requirements of 9VAC25-610-90, 9VAC25-610-92, or 9VAC25-610-94, the board shall require the submission of additional information after an application has been filed, and may suspend processing of the application until such time as the applicant has supplied the missing or deficient information and the board finds the application complete. An incomplete permit application for a new or expanded withdrawal may be suspended from processing 180 days from the date that the applicant received notification that the application is deficient. Once an application has been suspended from processing, the applicant must submit a new complete application; however, no additional permit fee will be assessed. Further, where the applicant becomes aware that one or more relevant facts from a permit application were omitted, or that incorrect information was submitted in a permit application or in any report to the board, the applicant shall immediately submit such facts or the correct information.
B. When an application does not accurately describe an existing or proposed groundwater withdrawal, the board may require the applicant to revise the existing application or submit a new application before the application will be processed.
9VAC25-610-100. Water conservation and management plans.
A. Any application to initiate a new withdrawal or expand an
existing withdrawal in any ground water groundwater management area
or the reapplication at the end of a permit cycle for all permits shall require
a water conservation and management plan before the application or
reapplication is considered complete. The board shall review all water
conservation and management plans and assure that such plans contain all
elements required in subsection B of this section. The approved plan shall
become an enforceable part of the approved permit.
B. A water conservation and management plan shall include:
1. Requirements for the use of water saving plumbing and
processes including, where appropriate, the use of water saving fixtures in new
and renovated plumbing as provided in the Uniform Statewide Building Code;
2. A water loss reduction program;
3. A water use education program;
4. An evaluation of potential water reuse options; and
5. Requirements for mandatory water use reductions during
water shortage emergencies declared by the local governing body or director
including, where appropriate, ordinances prohibiting the waste of water
generally and requirements providing for mandatory water use restrictions, with
penalties, during water shortage emergencies.
C. The board shall review all water conservation and
management plans and assure that such plans contain all elements required in
9VAC25-610-100 B. The board shall approve all plans that:
1. Contain requirements that water saving fixtures be used
in all new and renovated plumbing as provided in the Uniform Statewide Building
Code;
2. Contain requirements for making technological,
procedural, or programmatic improvements to the applicant's facilities and
processes to decrease water consumption. These requirements shall assure that
the most efficient use is made of ground water;
3. Contain requirements for an audit of the total amount of
ground water used in the applicant's distribution system and operational
processes during the first two years of the permit cycle. Subsequent
implementation of a leak detection and repair program will be required within
one year of the completion of the audit, when such a program is technologically
feasible;
4. Contain requirements for the education of water users and
employees controlling water consuming processes to assure that water
conservation principles are well known by the users of the resource;
5. Contain an evaluation of potential water reuse options
and assurances that water will be reused in all instances where reuse is
feasible;
6. Contain requirements for mandatory water use restrictions
during water shortage emergencies that prohibit all nonessential uses such as
lawn watering, car washing, and similar nonessential residential, industrial
and commercial uses for the duration of the water shortage emergency; and
7. Contain penalties for failure to comply with mandatory
water use restrictions.
B. A water conservation and management plan is an operational plan to be referenced and implemented by the permittee. Water conservation and management plans shall be consistent with local and regional water supply plans in the applicant's geographic area developed as required by 9VAC25-780. The water conservation and management plan shall be specific to the type of water use and include the following:
1. For municipal and nonmunicipal public water supplies:
a. [ Requirements for the Where
practicable, the plan should require ] use of water-saving
equipment and processes for all water [ uses users ]
including [ , ] technological, procedural, or
programmatic improvements to the facilities and processes to decrease the
amount of water withdrawn or to decrease water demand. [ These
requirements shall assure that the most practicable use is made of groundwater.
If these options are not implemented in the plan, information The
goal of these requirements is to assure the most efficient use of groundwater.
Information ] on the water-saving alternatives examined and the
water savings associated with the alternatives shall be provided. Water
conservation and management plans shall discuss high volume water consumption
by users on the system and where conservation measures have previously been
implemented and shall be applied. Also, where appropriate, the use of
water-saving fixtures in new and renovated plumbing as provided in the Uniform
Statewide Building Code (13VAC5-63) shall be identified in the plan;
b. A water loss reduction program, which defines the applicant's leak detection and repair program. The water loss reduction program shall include requirements for an audit of the total amount of groundwater used in the distribution system and operational processes during the first two years of the permit cycle. Implementation of a leak detection and repair program shall be required within one year of the date the permit is issued. The program shall include a schedule for inspection of equipment and piping for leaks;
c. A water use education program that contains requirements for the education of water users and training of employees controlling water consuming processes to assure that water conservation principles are well known by the users of the resource. The program shall include a schedule for information distribution and the type of materials used;
d. An evaluation of water reuse options and assurances that water shall be reused in all instances where reuse is practicable. Potential for expansion of the existing reuse practices or adoption of additional reuse practices shall also be included; and
e. Requirements for mandatory water use reductions during water shortage emergencies declared by the local governing body or water authority consistent with §§ 15.2-923 and 15.2-924 of the Code of Virginia. This shall include, where appropriate, ordinances in municipal systems prohibiting the waste of water generally and requirements providing for mandatory water use restrictions in accordance with drought response and contingency ordinances implemented to comply with 9VAC25-780-120 during water shortage emergencies. The water conservation and management plan shall also contain requirements for mandatory water use restrictions during water shortage emergencies that restricts or prohibits all nonessential uses such as lawn watering, car washing, and similar nonessential residential, industrial, and commercial uses for the duration of the water shortage emergency. Penalties for failure to comply with mandatory water use restrictions shall be included in municipal system plans.
2. For nonpublic water supply applicants - commercial and industrial users:
a. [ Requirements for the Where
applicable, the plan should require ] use of water-saving equipment
and processes for all water [ uses users ] including
[ , ] technological, procedural, or programmatic
improvements to the facilities and processes to decrease the amount of water
withdrawn or to decrease water demand. [ These requirements
shall assure that the most practicable use is made of groundwater. If these
options are not implemented in the plan, information The goal of
these requirements is to assure the most efficient use of groundwater.
Information ] on the water-saving alternatives examined and the
water savings associated with the alternatives shall be provided. Also, where
appropriate, the use of water-saving fixtures in new and renovated plumbing as
provided in the Uniform Statewide Building Code (13VAC5-63) shall be identified
in the plan;
b. A water loss reduction program, which defines the applicant's leak detection and repair program. The water loss reduction program shall include requirements for an audit of the total amount of groundwater used in the distribution system and operational processes during the first two years of the permit cycle. Implementation of a leak detection and repair program shall be required within one year of the date the permit is issued. The program shall include a schedule for inspection of equipment and piping for leaks;
c. A water use education program that contains requirements for the education of water users and training of employees controlling water consuming processes to assure that water conservation principles are well known by the users of the resource. The program shall include a schedule for information distribution and the type of materials used;
d. An evaluation of water reuse options and assurances that water shall be reused in all instances where reuse is practicable. Potential for expansion of the existing reuse practices or adoption of additional reuse practices shall also be included; and
e. Requirements for complying with mandatory water use reductions during water shortage emergencies declared by the local governing body or water authority in accordance with §§ 15.2-923 and 15.2-924 of the Code of Virginia. This shall include, where appropriate, ordinances prohibiting the waste of water generally and requirements providing for mandatory water use restrictions in accordance with drought response and contingency ordinances implemented to comply with 9VAC25-780-120 during water shortage emergencies. The water conservation and management plan shall also contain requirements for mandatory water use restrictions during water shortage emergencies that restricts or prohibits all nonessential uses such as lawn watering, car washing, and similar nonessential industrial and commercial uses for the duration of the water shortage emergency.
3. For nonpublic water supply applicants - agricultural users:
a. Requirements for the use of water-saving plumbing and processes to decrease the amount of water withdrawn or to decrease water demand. Plans submitted for the use of groundwater for irrigation shall identify the specific type of irrigation system that will be utilized, the efficiency rating of the irrigation system in comparison to less efficient systems, the irrigation schedule used to minimize water demand, and the crop watering requirements. Multiple types of irrigation methods may be addressed in the plan. For livestock watering operations, plans shall include livestock watering requirements (per head) and processes to minimize waste of water. These requirements shall assure that the most practicable use is made of groundwater. If these options are not implemented in the plan, information on the water-saving alternatives examined and the water savings associated with the alternatives shall be provided;
b. A water loss reduction program, which defines the applicant's leak detection and repair program. The water loss reduction program shall include requirements for an audit of the total amount of groundwater used in the distribution system and operational processes during the first two years of the permit cycle. Implementation of a leak detection and repair program shall be required within one year of the date the permit is issued. The program shall include a schedule for inspection of equipment and piping for leaks;
c. A water use education program that contains requirements for the training of employees controlling water consuming processes to assure that water conservation principles are well known by the users of the resource. The program shall include a schedule for training employees. This requirement may be met through training employees on water use requirements contained in irrigation management plans or livestock management plans;
d. An evaluation of potential water reuse options and assurances that water shall be reused in all instances where reuse is practicable and not prohibited by other regulatory programs; Potential for expansion of the existing reuse practices or adoption of additional reuse practices shall also be included; and
e. Requirements for mandatory water use reductions during water shortage emergencies and compliance with ordinances prohibiting the waste of water generally. This shall include requirements providing for mandatory water use restrictions in accordance with drought response and contingency ordinances implemented to comply with 9VAC25-780-120 during water shortage emergencies.
f. The permittee may submit portions of Agricultural Management Plans or Irrigation Management Plans developed to comply with requirements of federal or state laws, regulations, or guidelines to demonstrate the requirements of subdivisions B 3 a through d of this section are being achieved.
9VAC25-610-102. Evaluation of need for withdrawal and alternatives.
A. The applicant shall identify the purpose of the proposed withdrawal by providing a narrative description of the water supply issues that form the basis of the proposed withdrawal.
B. The applicant shall subsequently demonstrate to the satisfaction of the board that the withdrawal meets an established water supply need.
1. In establishing local need for a public water supply, the applicant shall provide the following information:
a. Existing supply sources, yields and demands, including:
(1) Peak day and average daily withdrawal;
(2) Total consumptive use component of the withdrawal, including identification of the amount needed for human consumption;
(3) Types of water uses; and
(4) Existing water conservation measures and drought response plan, including what conditions trigger their implementation.
b. Projected demands in 10 year increments over a minimum 30-year planning period that includes the following:
(1) Projected demand contained in the local or regional water supply plan developed in accordance with 9VAC25-780 or for the project service area if such area is smaller than the planning area; or
(2) Statistical population (growth) trends, projected demands by use type including projected demand with and without water conservation measures.
2. In establishing need for agricultural water supply, the applicant shall provide the following information:
a. For crop irrigation: crop, acreage, crop spacing, crop watering requirements for the particular crop (crop rooting depth), soil types, soil holding capacity (available water capacity), allowable soil water depletion, historic precipitation records (precipitation contribution), peak irrigation months, irrigation scheduling approaches (tensiometers vs. feel method), irrigation type (drip, overhead, center pivot etc.), and irrigation system efficiency rating.
b. For livestock watering: kind and size of animal, rate and composition of gain, presence of pregnant animals or lactating animals, type of diet, level of dry matter intake, level of activity, quality of the water, temperature of the water offered, and surrounding air temperature.
3. In establishing need for commercial water supply, the applicant shall provide the following information:
a. Number of employees by month for an average year;
b. Average gallons per day used per month;
c. Average daily water use rate per employee per month; and
d. Identification of peak month of water demand.
4. In establishing need for industrial water supply, the applicant shall provide the following information:
a. SIC or NAICS industry code;
b. Number of employees by month for an average year;
c. Average gallons per day used per month;
d. Average daily water use rate per employee per month;
e. Identification of peak month of water demand;
f. Amount of withdrawal per unit of output or similar metric identified by the user; and
g. Monthly amount of water used for industrial processes.
C. The applicant shall provide an alternatives analysis that evaluates sources of water supply other than groundwater and the availability and use of lower qualities of groundwater that can still be put to beneficial use. For all proposed withdrawals, the applicant shall demonstrate to the satisfaction of the board:
1. Opportunities to reduce and minimize the use of groundwater have been identified and the requested amount is the minimum amount of groundwater necessary for the proposed activity;
2. The project utilizes the lowest quality water for the proposed activity;
3. Alternate sources of supply other than groundwater, including surface water and water reuse, were considered for use in the proposed activity particularly for consumptive use purposes; and
4. Practicable alternatives, including design alternatives, have been evaluated for the proposed activity. Measures that would avoid or result in less adverse impact to high quality groundwater shall be considered to the maximum extent practicable.
D. Any alternatives analysis conducted specifically for public water supply projects shall include:
1. All applicable alternatives contained in the local or regional water supply plan developed in accordance with 9VAC25-780;
2. Alternatives that are practicable that had not been identified in the local or regional water supply plan developed in accordance with 9VAC25-780;
3. Water conservation measures that could be considered as a means to reduce demand for each alternative considered by the applicant; and
4. A narrative description that outlines the opportunities and status of regionalization efforts undertaken by the applicant, including the interconnectivity of water systems and the ability for applicants to purchase water from other water supplies.
E. The alternatives analysis shall discuss the criteria used to evaluate each alternative including, but not limited to:
1. Demonstration that the proposed alternative meets the project purpose and project demonstrated need;
2. Availability of the alternative to the applicant;
3. Evaluation of interconnectivity of water supply systems and the ability to purchase water from other supplies when applicable (both existing and proposed); and
4. Evaluation of the cost of the alternative on an equivalent basis.
9VAC25-610-104. Surface water and groundwater conjunctive use systems.
A. Surface water and groundwater conjunctive use systems for public water supplies.
1. Applicants proposing to withdraw groundwater as part of a surface water and groundwater conjunctive use system for public water supplies shall provide the following information to the board in addition to information required by 9VAC25-610-90, 9VAC25-610-92, or 9VAC25-610-94 as part of their permit application:
a. A detailed description of the surface water and groundwater conjunctive use system, including:
(1) Identification of all surface water sources, including pond and reservoir volumes where applicable;
(2) Identification of the wells used on a continual basis to supplement surface water supply needs and wells to be utilized in periods of reduced surface water availability. Well construction information for all wells shall be submitted on the Water Well Completion Report, Form GW2, which includes the following information:
(a) The depth of the well;
(b) The diameter, top and bottom, and material of each cased interval;
(c) The diameter, top and bottom, for each screened interval; and
(d) The depth of pump intake.
(3) A description of the storage system, excluding surface water sources described in subdivision 1 a (1) of this subsection;
(4) A copy of the Engineering Description Sheet developed by the Virginia Department of Health for the withdrawal; and
(5) A line drawing of the water supply system illustrating the water balance of the system.
b. Records documenting the amount of water withdrawn on a daily basis for each water source during average weather conditions and during drought conditions;
c. Documentation of the seasonal supply of surface water during both average and drought conditions;
d. Documentation of any seasonal changes in demand that occur during an annual cycle of the specified beneficial use or uses; and
e. Other relevant information that may be required by the board to evaluate the application.
2. The applicant shall demonstrate that the groundwater withdrawal will originate from the aquifer that contains the lowest quality water that will support the proposed beneficial use or uses.
3. The board shall evaluate the proposed groundwater withdrawal for consistency with criteria specified in 9VAC25-610-110.
4. In addition to conditions established in 9VAC25-610-100, 9VAC25-610-110, 9VAC25-610-120, 9VAC25-610-130, and 9VAC25-610-140, the permit shall specify the maximum amount of groundwater that may be withdrawn during the term of the permit and shall address variations in the groundwater withdrawal amounts that may occur.
5. The board may issue any permit with terms, conditions, or limitations necessary to protect the public welfare, safety, and health, or to protect the resource.
6. Applicants may request approval to withdraw groundwater amounts that exceed the withdrawal limits established in subdivision 4 of this section from wells that are part of a conjunctive use system to meet human consumption needs during periods of drought by applying for a supplemental drought relief permit as described in 9VAC25-610-106.
B. Surface water and groundwater conjunctive use systems for uses other than public water supplies.
1. Applicants proposing to withdraw groundwater as part of a surface water and groundwater conjunctive use system for uses other than public water supplies shall provide the following information to the board in addition to information required by 9VAC25-610-90, 9VAC25-610-92, or 9VAC25-610-94 as part of their permit application:
a. A detailed description of the surface water and groundwater conjunctive use system, including:
(1) Identification of all surface water sources, including pond and reservoir volumes where applicable;
(2) Identification of the wells used on a continual basis to supplement surface water supply needs and wells to be utilized in periods of reduced surface water availability. Well construction information for all wells shall be submitted on the Water Well Completion Report, Form GW2, which includes the following information:
(a) The depth of the well;
(b) The diameter, top and bottom, and material of each cased interval;
(c) The diameter, top and bottom, for each screened interval; and
(d) The depth of pump intake.
(3) A description of the storage system, excluding surface water sources described in subdivision 1 a (1) of this subsection; and
(4) A map delineating the area in which the water will be beneficially used.
b. Records documenting the amount of water withdrawn on a monthly basis and annual basis for each water source during average weather conditions and during drought conditions;
c. Documentation of the seasonal supply of surface water during both average and drought conditions;
d. Documentation of any seasonal changes in demand that occur during an annual cycle of the specified beneficial use or uses;
e. Other relevant information that may be required by the board to evaluate the application.
2. The applicant shall demonstrate that the groundwater withdrawal will originate from the aquifer that contains the lowest quality water that will support the proposed beneficial use or uses.
3. The board shall evaluate the proposed groundwater withdrawal for consistency with criteria specified in 9VAC25-610-110.
4. In addition to conditions established in 9VAC25-610-100, 9VAC25-610-110, 9VAC25-610-130, and 9VAC25-610-140, the permit shall specify the maximum amount of groundwater that may be withdrawn during the term of the permit and shall address variations in the groundwater withdrawal amounts that may occur.
5. The board may issue any permit with terms, conditions, or limitations necessary to protect the public welfare, safety, and health, or to protect the resource.
9VAC25-610-106. Supplemental drought relief wells.
A. Public water supplies wishing to withdraw groundwater for human consumption during periods of drought through the use of supplemental drought relief wells in any groundwater management area and not excluded from requirements of this chapter by 9VAC25-610-50 shall apply for a permit.
B. A groundwater withdrawal permit application shall be completed and submitted to the board and a groundwater withdrawal permit issued by the board prior to the initiation of any withdrawal not specifically excluded in 9VAC25-610-50.
C. A complete groundwater withdrawal permit application for supplemental drought relief wells shall contain the following:
1. The permit fee as required by the Fees for Permits and Certificates Regulations (9VAC25-20);
2. A groundwater withdrawal permit application completed in its entirety with all maps, attachments, and addenda that may be required. Application forms shall be submitted in a format specified by the board. Such application forms are available from the Department of Environmental Quality;
3. A signature as described in 9VAC25-610-150;
4. Well construction documentation for all wells associated with the application submitted on the Water Well Completion Report, Form GW2, which includes the following information:
(1) The depth of the well;
(2) The diameter, top and bottom, and material of each cased interval;
(3) The diameter, top and bottom, for each screened interval; and
(4) The depth of pump intake.
5. The application shall include locations of all wells associated with the application shown on United States Geological Survey 7-1/2 minute topographic maps. The applicant shall provide the latitude and longitude coordinates in a datum specified by the department for each existing and proposed well. The detailed location map shall be of sufficient detail such that all wells may be easily located for site inspection;
6. A map identifying the service areas for public water supplies;
7. Information on surface water and groundwater conjunctive use systems as described in 9VAC25-610-104 if applicable;
8. A water conservation and management plan as described in 9VAC25-610-100;
9. The application shall include notification from the local governing body in which the withdrawal is to occur that the location and operation of the withdrawing facility is in compliance with all ordinances adopted pursuant to Chapter 22 (§ 15.2-2200 et seq.) of Title 15.2 of the Code of Virginia. If the governing body fails to respond to the applicant's request for certification within 45 days of receipt of the written request, the location and operation of the proposed facility shall be deemed to comply with the provisions of such ordinances for the purposes of this chapter. The applicant shall document the local governing body's receipt of the request for certification through the use of certified mail or other means that establishes proof of delivery;
10. A plan to mitigate potential adverse impacts from the proposed withdrawal on existing groundwater users. In lieu of developing individual mitigation plans, multiple applicants may choose to establish a mitigation program to collectively develop and implement a cooperative mitigation plan that covers the entire area of impact of all members of the mitigation program;
11. Documentation on the maximum amount of groundwater needed annually to meet human consumption needs; and
12. Other relevant information that may be required by the board to evaluate the application.
D. Permits issued by the board for groundwater withdrawals from supplemental drought relief wells shall include the following permit conditions:
1. Permits shall include a maximum amount of groundwater allowed to be withdrawn over the term of the permit.
2. The permit shall specify an annual limit on the amount of groundwater to be withdrawn based on the amount of groundwater needed annually to meet human consumption needs. Groundwater withdrawals from supplemental drought relief wells shall be subject to monthly groundwater withdrawal limits.
3. Permits shall specify that groundwater withdrawn from supplemental drought relief wells shall be used to meet human consumption needs.
4. Permits shall specify that groundwater shall only be withdrawn from supplemental drought relief wells after mandatory water restrictions have been implemented pursuant to approved water conservation and management plans as required by § 62.1-265 of the Code of Virginia.
5. A permit shall contain the total depth of each permitted well in feet.
6. A permit shall specify the screened intervals of wells authorized for use by the permit;
7. A permit shall contain the designation of the aquifers to be utilized.
8. A permit may contain conditions limiting the withdrawal amount of a single well or a group of wells within a withdrawal system to a quantity specified by the board.
9. A groundwater withdrawal permit for a public water supply shall contain a condition allowing daily withdrawals at a level consistent with the requirements and conditions contained in the waterworks operation permit, or equivalent, issued by the Virginia Department of Health. This requirement shall not limit the authority of the board to reduce or eliminate groundwater withdrawals by public water suppliers if necessary to protect human health or the environment.
10. The permit shall state that no pumps or water intake devices are to be placed lower than the top of the uppermost confined aquifer that a well utilizes as a groundwater source or lower than the bottom of an unconfined aquifer that a well utilizes as a groundwater source in order to prevent dewatering of a confined aquifer, loss of inelastic storage, or damage to the aquifer from compaction.
11. All permits shall specify monitoring requirements as conditions of the permit.
a. Permitted users shall install in-line totalizing flow meters to read gallons, cubic feet, or cubic meters on each permitted well prior to beginning the permitted use. Such meters shall produce volume determinations within plus or minus 10% of actual flows. A defective meter or other device must be repaired or replaced within 30 days. A defective meter is not grounds for not reporting withdrawals. During any period when a meter is defective, generally accepted engineering methods shall be used to estimate withdrawals and the period during which the meter was defective must be clearly identified in groundwater withdrawal reports. An alternative method for determining flow may be approved by the board on a case-by-case basis.
b. Permits shall contain requirements concerning the proper use, maintenance, and installation, when appropriate, of monitoring equipment or methods when required as a condition of the permit.
c. Permits shall contain required monitoring including type, intervals, and frequency sufficient to yield data that are representative of the monitored activity and including, when appropriate, continuous monitoring and sampling.
d. Each permitted well shall be equipped in a manner such that water levels can be measured during pumping and nonpumping periods without dismantling any equipment. Any opening for tape measurement of water levels shall have an inside diameter of at least 0.5 inches and be sealed by a removable plug or cap. The permittee shall provide a tap for taking raw water samples from each permitted well.
12. All permits shall prohibit withdrawals from wells not authorized in the permit.
13. All permits shall include requirements to report the amount of water withdrawn from each permitted well or well system on forms provided by the board with a frequency dependent on the nature and effect of the withdrawal, but in no case less than once per year.
14. Groundwater withdrawal permits issued under this chapter shall have an effective and expiration date that will determine the life of the permit. Groundwater withdrawal permits shall be effective for a fixed term not to exceed 10 years. Permit duration of less than the maximum period of time may be recommended in areas where hydrologic conditions are changing or are not adequately known. The term of any permit shall not be extended by modification beyond the maximum duration. Extension of permits for the same activity beyond the maximum duration specified in the original permit will require reapplication and issuance of a new permit.
15. Each permit shall have a condition allowing the reopening of the permit for the purpose of modifying the conditions of the permit to meet new regulatory standards duly adopted by the board.
16. Each well that is included in a groundwater withdrawal permit shall have affixed to the well casing, in a prominent place, a permanent well identification plate that records the Department of Environmental Quality well identification number, the groundwater withdrawal permit number, the total depth of the well, and the screened intervals in the well, at a minimum. Such well identification plates shall be in a format specified by the board and are available from the Department of Environmental Quality.
E. The permit shall address variations in the groundwater withdrawal amounts that may occur.
F. In addition to the permit conditions listed in subsection D of this section, the board may issue any permit with terms, conditions, or limitations necessary to protect the public welfare, safety, and health, or to protect the resource.
G. The board shall evaluate the application for supplemental drought relief wells based on the following criteria:
1. The applicant demonstrates that no pumps or water intake devices are placed lower than the top of the uppermost confined aquifer that a well utilizes as a groundwater source or lower than the bottom of an unconfined aquifer that a well utilizes as a groundwater source in order to prevent dewatering of a confined aquifer, loss of inelastic storage, or damage to the aquifer from compaction.
2. The applicant demonstrates that the amount of groundwater withdrawal requested is the smallest amount of withdrawal necessary to support human consumption when mandatory water use restrictions have been implemented.
3. The applicant provides a water conservation and management plan as described in 9VAC25-610-100 and implements the plan as an enforceable condition of the groundwater withdrawal permit.
4. The applicant provides certification by the local governing body that the location and operation of the withdrawing facility is in compliance with all ordinances adopted pursuant to Chapter 22 (§ 15.2-2200 et seq.) of Title 15.2 of the Code of Virginia.
5. The board's technical evaluation demonstrates that the area of impact of the proposed withdrawal will remain on property owned by the applicant or that there are no existing groundwater withdrawers within the area of impact of the proposed withdrawal.
In cases where the area of impact does not remain on the property owned by the applicant or existing groundwater withdrawers will be included in the area of impact, the applicant shall provide and implement a plan to mitigate all adverse impacts on existing groundwater users. Approvable mitigation plans shall, at a minimum, contain the following features and implementation of the mitigation plan shall be included as enforceable permit conditions:
a. The rebuttable presumption that water level declines that cause adverse impacts to existing wells within the area of impact are due to the proposed withdrawal;
b. A commitment by the applicant to mitigate undisputed adverse impacts due to the proposed withdrawal in a timely fashion;
c. A speedy, nonexclusive, low-cost process to fairly resolve disputed claims for mitigation between the applicant and any claimant; and
d. The requirement that the claimant provide documentation that he is the owner of the well; documentation that the well was constructed and operated prior to the initiation of the applicant's withdrawal; the depth of the well, the pump, and screens, and any other construction information that the claimant possesses; the location of the well with enough specificity that it can be located in the field; the historic yield of the well, if available; historic water levels for the well, if available; and the reasons the claimant believes that the applicant's withdrawals have caused an adverse impact on the well.
6. The board conducts a technical evaluation of the
[ stabilized ] effects of the proposed withdrawal
with the stabilized cumulative effects of all existing lawful withdrawals to
identify if the withdrawal will lower water levels in any confined aquifer
below a point that represents 80% of the distance between the [ historical
prepumping water levels in the aquifer land surface ] and
the top of the aquifer.
7. The board's technical evaluation demonstrates that the proposed groundwater withdrawal will not result in salt water intrusion or the movement of waters of lower quality to areas where such movement would result in adverse impacts on existing groundwater users or the groundwater resource. This provision shall not exclude the withdrawal of brackish water provided that the proposed withdrawal will not result in unmitigated adverse impacts.
9VAC25-610-108. Estimating area of impact for qualifying groundwater withdrawals.
A. For groundwater withdrawals where available information indicates the area of impact for the withdrawal will be less than 12 square miles, the director may estimate, through the use of modeling techniques, the area of impact of a withdrawal for use by the applicant in developing a mitigation plan.
B. The applicant may choose to use the area of impact estimated by the department or the applicant may conduct a geophysical investigation to gather site-specific information to be used as the basis for identifying the area of impact of the withdrawal.
C. The area of impact, whether estimated or identified
through an evaluation of a geophysical [ evaluation
investigation ], shall be included in the permit's mitigation plan
if a plan is required by 9VAC25-610-110 D 3 g.
D. Mitigation plans for all surface water and groundwater conjunctive use system permits and supplemental drought relief permits shall address the area of impact associated with the maximum groundwater withdrawal allowed by such permits.
9VAC25-610-110. Criteria for issuance of permits Evaluation
criteria for permit applications.
A. The board shall not issue any permit for more ground
water groundwater than will be applied to the proposed beneficial
use.
B. The board shall issue ground water groundwater
withdrawal permits to persons withdrawing ground water groundwater
or who have rights to withdraw ground water groundwater prior to
July 1, 1992, in the Eastern Virginia or Eastern Shore Ground Water Groundwater
Management [ Areas Area ] and not excluded from
requirements of this chapter by 9VAC25-610-50 based on the following criteria:
1. The board shall issue a ground water groundwater
withdrawal permit for persons meeting the criteria of subdivision 1 of
9VAC25-610-90 A 1 for the total amount of ground water groundwater
withdrawn in any consecutive 12-month period between July 1, 1987, and June 30,
1992; however, with respect to a political subdivision, an authority serving a
political subdivision or a community waterworks regulated by the Department of
Health, the board shall issue a ground water groundwater
withdrawal permit for the total amount of water withdrawn in any consecutive
12-month period between July 1, 1980, and June 30, 1992.
2. The board shall issue a ground water groundwater
withdrawal permit for persons meeting the criteria of subdivision 2 of
9VAC25-610-90 A 2, for the total amount of ground water groundwater
withdrawn and applied to a beneficial use in any consecutive 12-month period
between July 1, 1992, and June 30, 1995.
3. The board shall issue a ground water groundwater
withdrawal permit for persons meeting the criteria of subdivision 4 of
9VAC25-610-90 A 4 for the total amount of ground water groundwater
withdrawn in any consecutive 12-month period between July 1, 1983, and June 30,
1993. The board shall evaluate all estimates of ground water groundwater
withdrawal based on projected water demands for crops and livestock as
published by the Virginia Cooperative Extension Service, the United States
Natural Resources Conservation Service, or other similar references and make a
determination whether they are reasonable. In all cases only reasonable
estimates will be used to document a permit limit.
4. The board shall issue a ground water groundwater
withdrawal permit for persons meeting the criteria of subdivision 5 of
9VAC25-610-90 A 5 for the amount of ground water groundwater
withdrawal needed to annually meet human consumption needs as proven in the
water conservation and management plan approved by the board. The board shall
include conditions in such permits that require the implementation of mandatory
use restrictions before such withdrawals can be exercised.
5. When requested by persons described in subdivisions 1, 2,
and 4 of 9VAC25-610-90 A 1, 2 and 4, the board shall may
issue ground water groundwater withdrawal permits that include
withdrawal amounts in excess of those which an applicant can support based on
historic usage. These additional amounts shall be based on documentation of
water savings achieved through water conservation measures. The applicant shall
demonstrate withdrawals prior to implementation of water conservation measures,
type of water conservation measure implemented, and withdrawals after
implementation of water conservation measures. The applicant shall provide
evidence of withdrawal amounts through metered withdrawals and estimated
amounts shall not be accepted to claim additional withdrawal amounts due to
water conservation. Decreases in withdrawal amounts due to production declines,
climatic conditions, population declines, or similar events shall not be used
as a basis to claim additional withdrawal amounts based on water conservation.
C. The board shall issue ground water groundwater
withdrawal permits to persons withdrawing ground water groundwater
when a ground water groundwater management area is declared or
expanded after July 1, 1992, and not excluded from requirements of this chapter
by 9VAC25-610-50 based on the following criteria:
1. The board shall issue a ground water groundwater
withdrawal permit to nonagricultural users for the total amount of ground
water groundwater withdrawn in any consecutive 12-month period
during the five years preceding the effective date of the regulation creating
or expanding the ground water groundwater management area.
2. The board shall issue a ground water groundwater
withdrawal permit to agricultural users for the total amount of ground water
groundwater withdrawn in any consecutive 12-month period during the 10
years preceding the effective date of the regulation creating or expanding the ground
water groundwater management area. The board shall evaluate all
estimates of ground water groundwater withdrawal based on
projected water demands for crops and livestock as published by the Virginia
Cooperative Extension Service, the United States Natural Resources Conservation
Service, or other similar references and make a determination whether they are
reasonable. In all cases only reasonable estimates will be used to document a
permit limit.
3. When requested by the applicant the board shall may
issue ground water groundwater withdrawal permits that include
withdrawal amounts in excess of those which an applicant can support based on
historic usage. These additional amounts shall be based on documentation of
water savings achieved through water conservation measures. The applicant shall
demonstrate withdrawals prior to implementation of water conservation measures,
type of water conservation measure implemented, and withdrawals after implementation
of water conservation measures. The applicant shall provide evidence of
withdrawal amounts through metered withdrawals and estimated amounts shall not
be accepted to claim additional withdrawal amounts due to water conservation.
Decreases in withdrawal amounts due to production declines, climatic
conditions, population declines, or similar events shall not be used as a basis
to claim additional withdrawal amounts based on water conservation.
D. The board shall issue ground water groundwater
withdrawal permits to persons wishing to initiate a new withdrawal or,
expand an existing withdrawal, or reapply for a current withdrawal in
any ground water groundwater management area who have submitted
complete applications and are not excluded from requirements of this chapter by
9VAC25-610-50 based on the following criteria:
1. The applicant shall provide all information required in 9VAC25-610-90
C 2 subdivision 2 of 9VAC25-610-94 prior to the board's
determination that an application is complete. The board may require the
applicant to provide any information contained in 9VAC25-610-90 C 3 subdivision
3 of 9VAC25-610-94 prior to considering an application complete based on
the anticipated impact of the proposed withdrawal on existing ground water
groundwater users or the ground water groundwater
resource.
2. The board shall perform a technical evaluation to determine
the areas of any aquifers that will experience at least one foot of water level
declines due to the proposed withdrawal and may evaluate the potential for the
proposed withdrawal to cause salt water intrusion into any portions of any
aquifers or the movement of waters of lower quality to areas where such
movement would result in adverse impacts on existing ground water groundwater
users or the ground water groundwater resource. Prior to public
notice of a draft permit developed in accordance with the findings of the
technical evaluation and at the request of the applicant, the results of the
technical evaluation, including all assumptions and input, will be provided to
the applicant for review.
3. The board shall issue a ground water groundwater
withdrawal permit when it is demonstrated, by a complete application and the
board's technical evaluation, to the board's satisfaction that the maximum safe
supply of ground water groundwater will be preserved and
protected for all other beneficial uses and that the applicant's proposed
withdrawal will have no significant unmitigated impact on existing ground
water groundwater users or the ground-water groundwater
resource. In order to assure that the applicant's proposed withdrawal complies
with the above stated requirements, the demonstration shall include, but not be
limited to, compliance with the following criteria:
a. The applicant demonstrates that no other sources of water
supply, including reclaimed water, are [ viable practicable ].
b. The applicant demonstrates that the ground water groundwater
withdrawal will originate from the aquifer that contains the lowest quality
water that will support the proposed beneficial use.
c. The applicant demonstrates that no pumps or water intake
devices are placed below lower than the top of the uppermost
confined aquifer that a well utilizes as a ground water groundwater
source or below lower than the bottom of an unconfined aquifer
that a well utilizes as a ground water groundwater source in
order to prevent dewatering of a confined aquifer, loss of inelastic storage,
or damage to the aquifer from compaction.
d. The applicant demonstrates that the amount of ground
water groundwater withdrawal requested is the smallest amount of
withdrawal necessary to support the proposed beneficial use and that the amount
is representative of the amount necessary to support similar beneficial uses
when adequate conservation measures are employed.
e. The applicant provides a water conservation and management
plan as described in 9VAC25-610-100 and implements the plan as an enforceable
condition of the ground water groundwater withdrawal permit.
f. The applicant provides certification by the local governing body that the location and operation of the withdrawing facility is in compliance with all ordinances adopted pursuant to Chapter 22 (§ 15.2-2200 et seq.) of Title 15.2 of the Code of Virginia.
g. The board's technical evaluation demonstrates that the area
of impact of the proposed withdrawal will remain on property owned by the
applicant or that there are no existing ground water groundwater
withdrawers within the area of impact of the proposed withdrawal.
In cases where the area of impact does not remain on the
property owned by the applicant or existing ground water groundwater
withdrawers will be included in the area of impact, the applicant shall provide
and implement a plan to mitigate all adverse impacts on existing ground
water groundwater users. Approvable mitigation plans shall, at a
minimum, contain the following features and implementation of the mitigation
plan shall be included as enforceable permit conditions:
(1) The rebuttable presumption that water level declines that cause adverse impacts to existing wells within the area of impact are due to the proposed withdrawal;
(2) A commitment by the applicant to mitigate undisputed adverse impacts due to the proposed withdrawal in a timely fashion;
(3) A speedy, nonexclusive, low-cost process to fairly resolve disputed claims for mitigation between the applicant and any claimant; and
(4) The requirement that the claimant provide documentation that he is the owner of the well; documentation that the well was constructed and operated prior to the initiation of the applicant's withdrawal; the depth of the well, the pump, and screens and any other construction information that the claimant possesses; the location of the well with enough specificity that it can be located in the field; the historic yield of the well, if available; historic water levels for the well, if available; and the reasons the claimant believes that the applicant's withdrawals have caused an adverse impact on the well.
h. The board's technical evaluation demonstrates that the stabilized
effects from the proposed withdrawal in combination with the stabilized
combined effects of all existing lawful withdrawals will not lower water
levels, in any confined aquifer that the withdrawal impacts, below a point that
represents 80% of the distance between the [ historical prepumping
water levels in the aquifer land surface ] and the top of the
aquifer. Compliance with the 80% drawdown criterion will be determined at
the points that are halfway between the proposed withdrawal site and the
predicted one-foot drawdown contour based on the predicted stabilized effects
of the proposed withdrawal. [ Compliance with the 80% drawdown
criteria will be determined at the points where the predicted one-foot drawdown
contour is predicted for the proposed withdrawal. ]
i. The board's technical evaluation demonstrates that the
proposed ground water groundwater withdrawal will not result in
salt water intrusion or the movement of waters of lower quality to areas where such
movement would result in adverse impacts on existing ground water groundwater
users or the ground water groundwater resource. This provision
shall not exclude the withdrawal of brackish water so long as provided
that the proposed withdrawal will not result in unmitigated adverse
impacts.
4. The board [ may shall ] also take
the following factors into consideration when evaluating a ground water groundwater
withdrawal permit application or special conditions associated with a ground
water groundwater withdrawal permit:
a. The nature of the use of the proposed withdrawal;
b. [ The public benefit provided by the proposed withdrawal; ]
[ c. ] The proposed use of innovative approaches
such as aquifer storage and recovery systems, surface water and ground
water groundwater conjunctive use systems, multiple well systems
that blend withdrawals from aquifers that contain different quality ground
water groundwater in order to produce potable water, and
desalinization of brackish ground water groundwater;
[ d. Prior public investment in existing facilities for withdrawal, transmission, and treatment of groundwater; ]
[ c. e. ] Climatic cycles;
[ d. f. ] Economic cycles;
[ e. g. ] The unique requirements of
nuclear power stations;
[ f. h. ] Population and water
demand projections during the term of the proposed permit;
[ g. i. ] The status of land use and
other necessary approvals; and
[ h. j. ] Other factors that the board
deems appropriate.
E. When proposed uses of ground water groundwater
are in conflict or available supplies of ground water groundwater
are not sufficient to support all those who desire to use them, the board shall
prioritize the evaluation of applications in the following manner:
1. Applications for human consumptive use consumption
shall be given the highest priority;
2. Should there be conflicts between applications for human consumptive
uses consumption, applications will be evaluated in order based on
the date that said applications were considered complete; and
3. Applications for all uses, other than human consumption,
will be evaluated following the evaluation of proposed human consumptive
uses consumption in order based on the date that said applications
were considered complete.
F. Criteria for reissuance review of permits
reapplications for groundwater withdrawal permit.
1. The board shall consider all criteria for
reissuance of a ground water withdrawal permit described in subsection D of
this section prior to reissuing a groundwater withdrawal permit.
Existing permitted withdrawal amounts shall not be the sole basis for
determination of the appropriate withdrawal amounts when a permit is reissued.
2. The board shall reissue a permit to any public water
supply user for an annual amount no less than the amount equal to that portion
of the permitted withdrawal that was used by said system to support human consumptive
uses consumption during 12 consecutive months of the previous term
of the permit.
9VAC25-610-120. Public water supplies.
The board shall evaluate all applications for ground water
groundwater withdrawals for public water supplies as described in
9VAC25-610-110. The board shall make a preliminary decision on the application
and prepare a draft ground water groundwater withdrawal permit
and forward the draft permit to the Virginia Department of Health. The board
shall not issue a final ground water groundwater withdrawal
permit until such time as the Virginia Department of Health issues a waterworks
operation permit, or equivalent. The board shall establish withdrawal limits
for such permits as described in 9VAC25-610-140 A 3 and 4 and 5.
Under the Virginia Department of Health's Waterworks Regulation any proposed
use of reclaimed, reused, or recycled water contained in a ground water groundwater
withdrawal application to support a public water supply is required to be
approved by the Virginia Department of Health.
9VAC25-610-130. Conditions applicable to all groundwater permits.
A. Duty to comply. The permittee shall comply with all
conditions of the permit. Nothing in this chapter shall be construed to relieve
the ground water groundwater withdrawal permit holder of the duty
to comply with all applicable federal and state statutes and regulations
prohibitions. At a minimum, a person must obtain a well construction
permit or a well site approval letter from the Virginia Department of Health prior
to the construction of any well for any withdrawal authorized by [ DEQ
the Department of Environmental Quality ]. Any permit noncompliance
is a violation of the Act and is a violation of the law,
and is grounds for enforcement action, permit termination, revocation, amendment,
modification, or denial of a permit renewal application.
B. Duty to cease or confine activity. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the activity for which a permit has been granted in order to maintain compliance with the conditions of the permit.
C. Duty to mitigate. The permittee shall take all reasonable steps to:
1. Avoid all adverse impacts to lawful ground water groundwater
users which could result from the withdrawal; and
2. Where impacts cannot be avoided, provide mitigation of the adverse impact as described in 9VAC25-610-110 D 3 g.
D. Inspection and entry. Upon presentation of credentials, the
permittee shall allow the board or any duly authorized agent of the board or
department may, at reasonable times and under reasonable circumstances:,
to conduct actions listed in this section. For the purpose of this section, the
time for inspection shall be deemed reasonable during regular business hours.
Nothing contained herein shall make an inspection time unreasonable during an
emergency.
1. Enter Entry upon any permittee's property,
public or private, and have access to, inspect and copy any records that must
be kept as part of the permit conditions;
2. Inspect any facilities, operations or practices (including monitoring and control equipment) regulated or required under the permit; and
3. Sample or monitor any substance, parameter or activity for the purpose of assuring compliance with the conditions of the permit or as otherwise authorized by law.
E. Duty to provide information. The permittee shall furnish to
the board, within a reasonable time, any information which that
the board may request to determine whether cause exists for amending modifying
or revoking, reissuing, or terminating the permit, or to determine
compliance with the permit. The permittee shall also furnish to the board, upon
request, copies of records required to be kept by the permittee.
F. Monitoring and records requirements.
1. Monitoring of parameters, other than pollutants, shall be conducted according to approved analytical methods as specified in the permit. Analysis of pollutants will be conducted according to 40 CFR Part 136 (2000), Guidelines Establishing Test Procedures for the Analysis of Pollutants.
2. Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity.
3. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart or electronic recordings for continuous monitoring instrumentation, copies of all reports required by the permit, and records of all data used to complete the application for the permit, for a period of at least three years from the date of the expiration of a granted permit. This period may be extended by request of the board at any time.
4. Records of monitoring information shall include as appropriate:
a. The date, exact place and time of sampling or measurements;
b. The name of the individuals who performed the sampling or measurements;
c. The date the analyses were performed;
d. The name of the individuals who performed the analyses;
e. The analytical techniques or methods supporting the
information such as observations, readings, calculations and bench data used; and
f. The results of such analyses; and
g. Chain of custody documentation.
G. Permit action.
1. A permit may be amended modified or
revoked as set forth in Part VI [ (9VAC25-610-170 (9VAC25-610-290 ]
et seq.) of this chapter.
2. If a permittee files a request for permit amendment
modification or revocation, or files a notification of planned changes,
or anticipated noncompliance, the permit terms and conditions shall remain
effective until the request is acted upon by the board makes a final
case decision. This provision shall not be used to extend the expiration
date of the effective permit.
3. Permits may be amended modified or
revoked upon the request of the permittee, or upon board initiative, to reflect
the requirements of any changes in the statutes or regulations.
9VAC25-610-140. Establishing applicable standards, limitations or other permit conditions.
A. In addition to the conditions established in 9VAC25-610-100, 9VAC25-610-110, 9VAC25-610-120, and 9VAC25-610-130, each permit shall include conditions with the following requirements:
1. A permit shall contain the total depth of each permitted well in feet;
2. A permit shall specify the screened intervals of wells authorized for use by the permit;
2. 3. A permit shall contain the designation of
the aquifers to be utilized;
3. 4. A permit shall contain conditions limiting
the withdrawal amount of a single well or a group of wells that comprise a
withdrawal system to a quantity specified by the board. A permit shall contain
a maximum annual withdrawal and a maximum monthly groundwater withdrawal
limit;
4. 5. A ground water groundwater
withdrawal permit for a public water supply shall contain a condition allowing
daily withdrawals at a level consistent with the requirements and conditions
contained in the waterworks operation permit, or equivalent, issued by the
Virginia Department of Health. This requirement shall not limit the authority
of the board to reduce or eliminate ground water groundwater
withdrawals by public water suppliers if necessary to protect human health or
the environment;
5. 6. The permittee shall not place a pump
permit shall state that no pumps or water intake device devices
are to be placed lower than the top of the uppermost confined aquifer that
a well utilizes as a ground water groundwater source or lower
than the bottom of an unconfined aquifer that a well utilizes as a ground
water groundwater source; in order to prevent dewatering
of a confined aquifer, loss of inelastic storage, or damage to the aquifer from
compaction.
6. 7. All permits shall specify monitoring
requirements as conditions of the permit.
a. Permitted users who are issued ground water groundwater
withdrawal permits based on 9VAC25-610-110 B 3 and C 2 shall install either
in-line totalizing flow meters or hour meters that record the hours of
operation of withdrawal pumps on each permitted well prior to beginning the
permitted use. Flow meters shall produce volume determinations within plus or
minus 10% of actual flows. Hour meters shall produce run times within plus or
minus 10% of actual run times. Hour meter readings will be multiplied by the
maximum capacity of the withdrawal pump to determine withdrawal amounts. A
defective meter or other device must be repaired or replaced within 30 days. A
defective meter is not grounds for not reporting withdrawals. During any period
when a meter is defective, generally accepted engineering methods shall be used
to estimate withdrawals and the period during which the meter was defective
must be clearly identified in ground water groundwater withdrawal
reports. An alternative method for determining flow may be approved by the
board on a case-by-case basis.
b. Permitted users who are issued ground water groundwater
withdrawal permits based on any section of this chapter not included in
subdivision 6 a 7 a of this subsection shall install in-line
totalizing flow meters to read gallons, cubic feet or cubic meters on each
permitted well prior to beginning the permitted use. Such meters shall produce
volume determinations within plus or minus 10% of actual flows. A defective
meter or other device must be repaired or replaced within 30 days. A defective
meter is not grounds for not reporting withdrawals. During any period when a
meter is defective, generally accepted engineering methods shall be used to
estimate withdrawals and the period during which the meter was defective must
be clearly identified in ground water groundwater withdrawal
reports. An alternative method for determining flow may be approved by the
board on a case-by-case basis.
c. Permits shall contain requirements concerning the proper use, maintenance and installation, when appropriate, of monitoring equipment or methods when required as a condition of the permit.
d. Permits shall contain required monitoring including type, intervals, and frequency sufficient to yield data which are representative of the monitored activity and including, when appropriate, continuous monitoring and sampling.
e. Each permitted well shall be equipped in a manner such that water levels can be measured during pumping and nonpumping periods without dismantling any equipment. Any opening for tape measurement of water levels shall have an inside diameter of at least 0.5 inches and be sealed by a removable plug or cap. The permittee shall provide a tap for taking raw water samples from each permitted well.
8. All permits shall prohibit withdrawals from wells not authorized in the permit.
7. 9. All permits shall include requirements to
report the amount of water withdrawn from each permitted well and well system
on forms provided by the board with a frequency dependent on the nature and
effect of the withdrawal, but in no case less than once per year.
8. 10. Ground water Groundwater
withdrawal permits issued under this chapter shall have an effective and
expiration date which will determine the life of the permit. Ground water
Groundwater withdrawal permits [ shall be ] shall be
effective for a fixed term not to exceed 10 years. Permit duration of less than
the maximum period of time may be recommended in areas where hydrologic
conditions are changing or are not adequately known. The term of any permit
shall not be extended by amendment modification beyond the
maximum duration. Extension of permits for the same activity beyond the maximum
duration specified in the original permit will require reapplication and
issuance of a new permit.
9. 11. Each permit shall have a condition
allowing the reopening of the permit for the purpose of amending modifying
the conditions of the permit to meet new regulatory standards duly adopted by
the board. Cause for reopening permits include but is not limited to a
determination that the circumstances under which the previous permit was based
have materially and substantially changed, or special studies conducted by the
board or the permittee show material and substantial change, since the time the
permit was issued and thereby constitute cause for permit amendment or
revocation.
10. 12. Each well that is included in a ground
water groundwater withdrawal permit shall have affixed to the well
casing, in a prominent place, a permanent well identification plate that
records the Department of Environmental Quality well identification number, the
ground water groundwater withdrawal permit number, the total
depth of the well and the screened intervals in the well, at a minimum. Such
well identification plates shall be in a format specified by the board and are
available from the Department of Environmental Quality.
B. In addition to the conditions established in 9VAC25-610-100, 9VAC25-610-110, 9VAC25-610-120, 9VAC25-610-130, and subsection A of this section, each permit may include conditions with the following requirements where applicable:
1. A withdrawal limit may be placed on all or some one
or more of the wells which that constitute a withdrawal
system;
2. A permit may contain quarterly, monthly, or daily withdrawal limits or withdrawal limits based on any other frequency as determined by the board;
3. A permit may contain conditions requiring water quality and water levels monitoring at specified intervals in any wells deemed appropriate by the board;
4. A permit may contain conditions specifying water levels and water quality action levels in pumping and observation/monitoring wells to protect against or mitigate water quality levels or aquifer degradation. The board may require permitted users to initiate control measures which include, but are not limited to, the following:
a. Pumping arrangements to reduce ground water groundwater
withdrawal in areas of concentrated pumping;
b. Location of wells to eliminate or reduce ground water
groundwater withdrawals near saltwater-freshwater interfaces;
c. Requirement of selective withdrawal from other available aquifers than those presently used or proposed;
d. Selective curtailment, reduction or cessation of ground
water groundwater withdrawals to protect the public welfare, safety,
or health or to protect the resource;
e. Conjunctive use of freshwater and saltwater aquifers, or waters of less desirable quality where water quality of a specific character is not essential;
f. Construction and use of observation or monitoring wells,
drilled into aquifers between areas of ground water withdrawal (or proposed
areas of ground water withdrawal) and sources of lower quality water including
saltwater;
g. Prohibiting Well construction techniques that
prohibit the hydraulic connection of aquifers that contain different
quality waters, such as gravel packing, that could result in
deterioration of water quality in an aquifer; and
h. Such other necessary control or abatement techniques as are
technically feasible practicable to protect and beneficially utilize
the groundwater resource.
5. A permit may contain conditions limiting water level
declines in pumping wells and observation wells; and
6. All permits may include requirements to report water quality and water level information on forms provided by the board with a frequency dependent on the nature and effect of the withdrawal, but in no case less than once per year; and
7. Permits shall require implementation of water conservation and management plans developed to comply with requirements of 9VAC25-610-100.
C. In addition to conditions described in 9VAC25-610-130 and subsections A and B of this section, the board may issue any groundwater withdrawal permit with any terms, conditions and limitations necessary to protect the public welfare, safety, and health or to protect the resource.
9VAC25-610-150. Signatory requirements.
Any application, report, or certification shall be signed
as follows:
1. Application.
a. For a corporation: by a responsible corporate official.
For purposes of this section, a responsible corporate official means (i) a
president, secretary, treasurer, or vice president of the corporation in charge
of a principal business function, or any other person who performs similar
policy or decision-making functions for the corporation, or (ii) the manager of
one or more manufacturing, production, or operating facilities employing more
than 250 persons or having gross annual sales or expenditures exceeding
$25,000,000 (in second-quarter 1980 dollars), if authority to sign documents
has been assigned or delegated to the manager in accordance with corporate
procedures.
b. For a municipality, state, federal or other public
agency by either a principal executive officer or ranking elected official. (A
principal executive officer of a federal, municipal, or state agency includes
the chief executive officer of the agency or head executive officer having
responsibility for the overall operation of a principal geographic unit of the
agency).
c. For a partnership or sole proprietorship, by a general
partner or proprietor respectively.
d. Any application for a permit under this regulation must
bear the signatures of the responsible party and any agent acting on the
responsible party's behalf.
A. Application. Any application for a permit under this chapter must bear the applicant's signature or the signature of a person acting in the applicant's behalf with the authority to bind the applicant. Electronic submittals containing the original signature page, such as that contained in a scanned document file, are acceptable.
2. B. Reports. All reports required by permits
and other information requested by the board shall be signed by:
a. One of the persons described in subdivision 1 a, b or c
of this section 1. The permittee; or
b. 2. A duly authorized representative of that
person. A person is a duly authorized representative only if:
(1) a. The authorization is made in writing to
the board by a person described in subdivision 1 a, b, or c subsection
A of this section; and
(2) b. The authorization specifies either an
individual or a position having responsibility for the overall operation of the
regulated withdrawal facility system or activity, such as the
position of plant manager, superintendent, or position of equivalent responsibility.
A duly authorized representative may thus be either a named individual or any
individual occupying a named position.
(3) If an authorization is no longer accurate because a
different individual or position has responsibility for the overall operation
of the facility, a new authorization must be submitted to the board prior to or
together with any separate information, or applications to be signed by an
authorized representative.
3. C. Certification of application and reports.
Any person signing a document under subdivision 1 or 2 subsection A
or B of this section shall make the following certification: I certify under
penalty of law that this document and all attachments were prepared under
my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted.
Based on my inquiry of the person or persons who manage the system or those
persons directly responsible for gathering the information, the information
submitted is to the best of my knowledge and belief true, accurate, and
complete. I am aware that there are significant penalties for submitting false
information including the possibility of fine and imprisonment for knowing
violations.
9VAC25-610-160. Draft permit.
A. Upon receipt of a complete application for a new or
expanded withdrawal or a complete application to amend modify an
existing withdrawal, the board shall make a tentative decision to issue or deny
the application permit. If a tentative decision is to issue the
permit then a draft permit shall be prepared in advance of public notice. The
following tentative determinations shall be incorporated into a draft permit:
1. Conditions, withdrawal limitations, standards and other requirements applicable to the permit;
2. Monitoring and reporting requirements;
3. Requirements for mitigation of adverse impacts; and
4. Requirements for a water conservation and management plan.
B. If the tentative decision is to deny the application
permit, the board shall do so in accordance with 9VAC25-610-340.
Part IV
Special Exception Application and Issuance
9VAC25-610-170. Application for a special exception.
A. Any person who wishes to initiate a ground water groundwater
withdrawal in any ground water groundwater management area and is
not exempted from the provisions of this chapter by 9VAC25-610-50 may apply for
a special exception in unusual cases where requiring the proposed user to
obtain a ground water groundwater withdrawal permit would be
contrary to the purpose of the Groundwater Ground Water
Management Act of 1992.
B. A special exception application shall be completed and
submitted to the board and a special exception issued by the board prior to the
initiation of any withdrawal not specifically excluded in 9VAC25-610-50 of
this chapter. Special exception application forms shall be in a format
specified by the board and are available from the Department of Environmental
Quality.
C. Due to the unique nature of applications for special
exceptions the board shall determine the completeness of an application on a
case-by-case basis. The board may require any information required in 9VAC25-610-90
C 2 or 3 9VAC25-610-90, 9VAC25-610-92, or 9VAC25-610-94, prior to
considering an application for a special exception complete.
D. Where the board considers finds an
application incomplete, the board may shall require the
submission of additional information after an application has been filed, and
may suspend processing of any application until such time as the applicant has
supplied missing or deficient information and the board considers finds
the application complete. An incomplete permit application for a special
exception may be suspended from processing 180 days from the date that the
applicant received notification that the application is deficient. Further,
where the applicant becomes aware that he omitted one or more relevant facts
from a special exception application, or submitted incorrect information in a
special exception application or in any report to the board, he shall immediately
submit such facts or the correct information.
9VAC25-610-190. Criteria for the issuance of special exceptions.
A. The board shall issue special exceptions only in unusual
situations where the applicant demonstrates to the board's satisfaction that
requiring the applicant to obtain a ground water groundwater
withdrawal permit would be contrary to the intended purposes of the Groundwater
Ground Water Management Act of 1992.
B. The board may require compliance with any criteria described in 9VAC25-610-110.
9VAC25-610-220. Establishing applicable standards, limitations or other special exception conditions.
The board may issue special exceptions which include any
requirement for permits as described in 9VAC25-610-140. Special exceptions
shall not be renewed, except in the case of special exceptions that have been
issued to allow ground water groundwater withdrawals associated
with state-approved ground water groundwater remediation
activities. In the case of reissuance of a special exception for a
state-approved ground water groundwater remediation activity, the
board may require the holder of the special exception to submit any information
required in 9VAC25-610-90 C 2 or 3 9VAC25-610-90, 9VAC25-610-92, and
9VAC25-610-94, and may require compliance with any criteria described in
9VAC25-610-110. In the case where any other activity that is being supported by
the specially excepted withdrawal will require that the withdrawal extend
beyond the term of the existing special exception, the ground water groundwater
user shall apply for a permit to withdraw ground water groundwater.
9VAC25-610-240. Draft special exception.
A. Upon receipt of a complete application, the board shall
make a tentative decision to issue or deny the application special
exception. If a tentative decision is to issue the special exception then a
draft special exception shall be prepared in advance of public notice. The
following tentative determinations shall be incorporated into a draft special
exception:
1. Conditions, withdrawal limitations, standards and other requirements applicable to the special exception;
2. Monitoring and reporting requirements; and
3. Requirements for mitigation of adverse impacts.
B. If the tentative decision is to deny the application
special exception, the board shall return the application to the
applicant. The applicant may then apply for a ground water groundwater
withdrawal permit for the proposed withdrawal in accordance with Part III (9VAC25-610-85
et seq.) of this chapter.
Part V
Public Involvement
9VAC25-610-250. Public notice of permit or special exception action and public comment period.
A. Every draft permit described in 9VAC25-610-160 A and draft
special exception shall be given public notice in a form prescribed by the
board and, paid for by the owner applicant, by
publication once in a newspaper of general circulation in the area affected by
the withdrawal.
B. Notice of each draft permit described in 9VAC25-610-160 A
and draft special exception will be mailed by the board to each local governing
body within the ground water groundwater management area within
which the proposed withdrawal will occur on or before the date of public
notice.
C. The board shall allow a period of at least 30 days following
the date of the public notice for interested persons to submit written comments
on the tentative decision and to request an informal a public
hearing.
D. The contents of the public notice of a draft permit or draft special exception action shall include:
1. Name and address of the applicant. If the location of the proposed withdrawal differs from the address of the applicant the notice shall also state the location in sufficient detail such that the specific location may be easily identified;
2. Brief description of the beneficial use that the ground
water groundwater withdrawal will support;
3. The name and depth below ground surface of the aquifer that will support the proposed withdrawal;
4. The amount of ground water groundwater
withdrawal requested expressed as an average gallonage per day;
5. A statement of the tentative determination to issue or deny a permit or special exception;
6. A brief description of the final determination procedure;
7. The address, email address, and phone number of a specific person or persons at the department's office from whom further information may be obtained; and
8. A brief description on how to submit comments and request a public hearing.
E. Public notice shall not be required for submission or approval
of plans and specifications or conceptual engineering reports not required to
be submitted as part of the application or for draft permits for existing ground
water groundwater withdrawals when such draft permits are based
solely on historic withdrawals.
F. When a permit or special exception is denied the board will do so in accordance with 9VAC25-610-340.
9VAC25-610-260. Public access to information.
All information pertaining to permit and special exception
application and processing shall be available to the public groundwater permit
processing or in reference to any activity requiring a groundwater permit under
this chapter shall be available to the public unless the applicant has made a
showing that the information is protected by the applicant as a trade secret
covered by § 62.1-44.21 of the Code of Virginia. All information claimed
confidential must be identified as such at the time of submission to the board.
9VAC25-610-270. Public comments and public hearing.
A. All written comments submitted during the 30-day comment
period described in 9VAC25-610-250 C shall be retained by the board and
considered during the board's final decision on the permit or special
exception.
B. A. The director shall consider all written
comments and requests for an informal a public hearing received
during the comment period, and shall make a determination on the necessity of an
informal a public hearing in accordance with 9VAC25-230-50 § 62.1-44.15:02
of the Code of Virginia. All proceedings, informal public
hearings, and decisions from them it will be in accordance
with Procedural Rule No. 1 § 62.1-44.15:02 of the Code of Virginia.
C. Should the director, in accordance with Procedural Rule
No. 1, determine to dispense with the informal hearing, he may grant the permit
or special exception, or, at his discretion, transmit the application or
request, together with all written comments thereon and relevant staff
documents and staff recommendations, if any, to the board for its decision.
D. B. Any owner applicant or permittee
aggrieved by any an action of the board or director taken
without a formal hearing or inaction of the board or director may
request in writing a formal hearing pursuant to Procedural Rule No. 1 § 62.1-44.25
of the Code of Virginia.
9VAC25-610-280. Public notice of hearing.
A. Public notice of any informal public hearing
held pursuant to 9VAC25-610-270 shall be circulated as follows:
1. Notice shall be published once in a newspaper of general circulation in the area affected by the proposed withdrawal at least 30 days in advance of the public hearing; and
2. Notice of the informal public hearing shall be
sent to all persons and government agencies which received a copy of the public
notice of the draft permit or special exception and to those persons requesting
an informal a public hearing or having commented in response to
the public notice in accordance with § 62.1-44.15:02 of the Code
of Virginia.
B. Notice shall be effected pursuant to subdivisions A 1
and A 2 of this section, upon mailing, at least 30 days in advance of the
informal hearing. The cost of public notice shall be paid by the
applicant.
C. The content of the public notice of any informal public
hearing held pursuant to 9VAC25-610-270 shall include at least the following:
1. Name and address of each person whose application will be
considered at the informal public hearing, the amount of ground
water groundwater withdrawal requested expressed as an average
gallonage per day, and a brief description of the beneficial use that will be
supported by the proposed ground water groundwater withdrawal.
2. The precise location of the proposed withdrawal and the aquifers that will support the withdrawal. The location should be described, where possible, with reference to route numbers, road intersections, map coordinates or similar information.
3. A brief reference to the public notice issued for the permit
or special exception application and draft permit or special exception,
including identification number and date of issuance unless the public notice
includes the informal public hearing notice.
4. Information regarding the time and location for the informal
public hearing.
5. The purpose of the informal public hearing.
6. A concise statement of the relevant issues raised by the
persons requesting the informal public hearing.
7. Contact person and the address mailing address,
email address, phone number, and name of the Department of Environmental
Quality office at which interested persons may obtain further information or
request a copy of the draft permit or special exception.
8. A brief reference to the rules and procedures to be followed
at the informal public hearing.
D. Public notice of any formal hearing held pursuant to 9VAC25-610-270
D [ C B ] shall be in accordance with
Procedural Rule No.1 (9VAC25-230).
Part VI
Permit and Special Exception Amendment Modification, Revocation
and Denial
9VAC25-610-290. Rules for amendment modification
and revocation.
Permits and special exceptions shall be amended modified
or revoked only as authorized by this part of this chapter as follows:
1. A permit or special exception may be amended modified
in whole or in part, or revoked;
2. Permit or special exception amendments modifications
shall not be used to extend the term of a permit or special exception; and
3. Amendment Modification or revocation may be
initiated by the board, on at the request of the permittee, or
other person at the board's discretion under applicable laws or the provisions
of this chapter.
9VAC25-610-300. Causes for revocation.
A. After public notice and opportunity for a formal hearing pursuant to 9VAC25-230-100 a permit or special exception can be revoked for cause. Causes for revocation are as follows:
1. Noncompliance with any condition of the permit or special exception;
2. Failure to fully disclose all relevant facts or misrepresentation of a material fact in applying for a permit or special exception, or in any other report or document required by the Act, this chapter or permit or special exception conditions;
3. The violation of any regulation or order of the board, or
any order of a court, pertaining to ground water groundwater
withdrawal;
4. A determination that the withdrawal authorized by the permit
or special exception endangers human health or the environment and can not be
regulated to acceptable levels by permit or special exception amendment modification;
5. A material change in the basis on which the permit or
special exception was issued that requires either a temporary or permanent
reduction, application of special conditions or elimination of any ground
water groundwater withdrawal controlled by the permit or special
exception.
B. After public notice and opportunity for a formal hearing
pursuant to 9VAC25-230-100 a permit or special exception can may
be revoked when any of the developments described in 9VAC25-610-310 occur and
the holder of the permit or special exception agrees to or requests the
revocation.
9VAC25-610-310. Causes for amendment modification.
A. A permit or special exception may, at the board's
discretion, be amended modified for any cause as described in
9VAC25-610-300.
B. A permit or special exception may be amended modified
when any of the following developments occur:
1. When new information becomes available about the ground
water groundwater withdrawal covered by the permit or special
exception, or the impact of the withdrawal, which was not available at permit
or or special exception issuance and would have justified the
application of different conditions at the time of issuance;
2. When ground water groundwater withdrawal
reports submitted by the permittee indicate that the permittee is using less
than 60% of the permitted withdrawal amount for a five-year period;
3. When a change is made in the regulations on which the permit or special exception was based; or
4. When changes occur which are subject to "reopener clauses" in the permit or special exception.
9VAC25-610-320. Transferability of permits and special exceptions.
A. Transfer by amendment modification. Except as
provided for under automatic transfer in subsection B of this section, a permit
or special exception shall be transferred only if the permit has been amended
modified to reflect the transfer.
B. Automatic transfer. Any permit or special exception shall be automatically transferred to a new owner as allowed by the minor modification process described in 9VAC25-610-330 B 8 if:
1. The current owner notifies the board within 30 days in advance of the proposed transfer of ownership;
2. The notice to the board includes a notarized written
agreement between the existing permittee and proposed new owner permittee
containing a specific date of transfer of permit or special exception
responsibility, coverage and liability between them to the new
permittee, or that the existing permittee will retain such responsibility,
coverage, or liability, including liability for compliance with the
requirements of any enforcement activities related to the permitted activity;
and
3. The board does not within the 30-day time period notify the
existing owner permittee and the proposed owner permittee
of its intent to amend modify, revoke, or reissue the permit or
special exception.; and
4. The permit transferor and the permit transferee provide written notice to the board of the actual transfer date.
9VAC25-610-330. Minor amendment modification.
A. Upon request of the holder of a permit or special
exception, or upon board initiative with the consent of the holder of a permit
or special exception, minor amendments modifications may be made
in the permit or special exception without following the public involvement
procedures.
B. For ground water groundwater withdrawal
permits and special exceptions, minor amendments modifications
may only:
1. Correct typographical errors;
2. Require reporting at a greater frequency than required in the permit or special exception;
3. Add additional or more restrictive monitoring requirements than required in the permit or special exception;
4. Replace an existing well so long as provided that
the replacement well is screened in the same aquifer or aquifers as the
existing well, the replacement well is in the same location as near
vicinity of the existing well, the ground water groundwater
withdrawal does not increase, and the area of impact does not increase;
5. Add additional wells so long as the additional wells are
screened in the same aquifer or aquifers as the existing well,
additional wells are in the same location as near vicinity of the
existing well, the total ground water groundwater withdrawal does
not increase, and the area of impact does not increase;
6. Combine the withdrawals governed by multiple permits into
one permit when the systems that were governed by the multiple permits are
physically connected, as long as the interconnection will not result in
additional ground water groundwater withdrawal and the area of
impact will not increase;
7. Change an interim compliance date in a schedule of
compliance to no more than 120 days from the original compliance date and
provided it will not interfere with the final compliance date; and
8. Allow for a change in ownership or operational control when
the board determines that no other change in the permit or special exception is
necessary, provided that a written agreement containing a specific date for
transfer of permit or special exception responsibility, coverage and liability
from the current to the new owner has been submitted to the board.;
and
9. Revise a water conservation and management plan to update conservation measures being implemented by the permittee that increase the amount of groundwater conserved.
9VAC25-610-340. Denial of a permit or special exception.
A. The director shall make a decision to tentatively deny the permit or special exception requested if the requirements of this chapter are not met. Bases for denial include, but are not limited to, the following:
1. The cumulative stabilized impact of the proposed
withdrawal in combination with all existing lawful withdrawals will lower water
levels in a confined aquifer below a point that represents 80% of the distance
between the [ historical prepumping water levels in the aquifer
land surface ] and the top of the aquifer;
2. The groundwater withdrawal amount requested in the permit application exceeds the amount that can be applied to the proposed beneficial use; [ and ]
3. Available supplies of groundwater are insufficient for
all who desire to use them and the preference is being given to use for human
consumption [ ; and. ]
[ 4. Failure to implement a water conservation and
management plan associated with a previously permitted withdrawal. ]
A. B. The applicant shall be notified by letter
of the department's director's preliminary decision to recommend
to the board denial of tentatively deny the permit or special
exception requested.
B. C. The department shall provide sufficient
information to the applicant regarding the rationale for denial, such that the
applicant may, at his option, modify the application in order to achieve a
favorable recommendation; withdraw his application; or proceed with the
processing on the original application.
C. D. Should the applicant withdraw his
application, no permit or special exception will be issued.
D. E. Should the applicant elect to proceed with
the original project as originally proposed, the staff shall make
its recommendation of denial to the director for determination of the need for
public notice as provided for in Part V of this chapter director shall
advise the applicant of his right to an informal fact finding in accordance
with § 2.2-4019 of the Administrative Process Act to consider the denial.
Part VII
Enforcement
9VAC25-610-350. Enforcement.
The board may enforce the provisions of this chapter utilizing
all applicable procedures under the Groundwater Ground Water
Management Act of 1992 or any other section of the Code of Virginia that may be
applicable.
9VAC25-610-370. Control of naturally flowing wells.
The owner of any well that naturally flows, in any portion of the Commonwealth, shall either:
1. Permanently abandon the well in accordance with the Virginia Department of Health's Private Well Construction Regulations; or
2. Equip the well with valves that will completely stop the
flow of ground water groundwater when it is not being applied to
a beneficial use.
9VAC25-610-380. Statewide information requirements.
The board may require any person withdrawing ground water
groundwater for any purpose anywhere in the Commonwealth, whether or not
declared to be a ground water groundwater management area, to
furnish to the board such information that may be necessary to carry out the
provisions of the Groundwater Ground Water Management Act of
1992. Ground water Groundwater withdrawals that occur in
conjunction with activities related to the exploration and production of oil,
gas, coal, or other minerals regulated by the Department of Mines, Minerals and
Energy are exempt from any information reporting requirements.
9VAC25-610-390. Statewide right to inspection and entry.
Upon presentation of credentials the board, or any duly
authorized agent, shall have the power to enter, at reasonable times and under
reasonable circumstances, any establishment or upon any property, public or
private, located anywhere in the Commonwealth for the purposes of obtaining
information, conducting surveys or inspections, or inspecting wells and springs
to ensure compliance with any permits, standards, policies, rules, regulations,
rulings and special orders which the board or department may adopt, issue or
establish to carry out the provisions of the Groundwater Ground Water
Management Act of 1992 and this chapter.
9VAC25-610-400. Evaluation of regulation. (Repealed.)
Within three years after January 1, 1999, the department
shall perform an analysis of this chapter and provide the board with a report on
the results. The analysis shall include (i) the purpose and need for the
chapter, (ii) alternatives which would achieve the stated purpose of this
chapter in a less burdensome and less intrusive manner, (iii) an assessment of
the effectiveness of this chapter, (iv) the results of a review of current
state and federal statutory and regulatory requirements, and (v) the results of
a review as to whether this chapter is clearly written and easily
understandable by affected entities.
Upon review of the department's analysis, the board shall
confirm the need to (i) continue this chapter without amendment, (ii) repeal
this chapter, or (iii) amend this chapter. If the board's decision is to repeal
or amend this chapter, the board shall authorize the department to initiate the
applicable regulatory process to carry out the decision of the board.
FORMS (9VAC25-610)
Water Division Permit Application Fee.
Application for a Ground Water Withdrawal Permit (with
instructions) (rev. 6/99).
Ground Water Withdrawal Permit Change of Ownership
Agreement Form (eff. 6/99).
Revocation Agreement Form (eff. 6/99).
Water Well Completion Report, Form GW2, (rev. 6/99).
Permit to Withdraw Ground Water (eff. 6/99).
Public Notice Authorization Form - Authorization for Public
Notice Billing to Ground Water Withdrawal Permit Applicant (eff. 6/99).
Preapplication Meeting Application for a Ground Water
Withdrawal Permit (eff. 6/99).
Local and Areawide Planning Requirements (eff. 5/99).
Quarterly Groundwater Withdrawal Report.
Water Division Permit Application Fee (rev. 9/12)
Application Instructions for Completing a Groundwater Withdrawal Permit Application (undated)
Application for a Groundwater Withdrawal Permit (rev. 9/12)
Groundwater Withdrawal Permit - Change of Ownership Agreement Form (undated)
Uncontested Termination Agreement (undated)
Water Well Completion Report, Form GW2 (undated)
Preapplication Meeting - Application for a Groundwater Withdrawal Permit (rev. 9/12)
Local and Areawide Planning Requirements (rev. 9/12)