reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 24 - Surface Water Management Areas › § 62.1-252. Penalties; injunctions

A. Any person who violates any provision of this chapter shall be subject to a civil penalty not to exceed $1,000 for each violation. Each day of violation shall constitute a separate offense.
B. With the consent of any person in violation of this chapter, the Board may provide, in an order issued by the Board against the person, for the payment of civil charges. These charges shall be in lieu of civil charges imposed by the court.
C. In order to protect the public interest of the Commonwealth, the Board may seek injunctive relief against any person violating any provision of this chapter.
D. The civil penalties and civil charges provided for in this section shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund pursuant to Chapter 25 of Title 10.1.
1989, c. 721; 1991, c. 718.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 24 - Surface Water Management Areas › § 62.1-253. Riparian rights

Nothing in this chapter shall be construed as altering, or authorizing any alteration of, any existing riparian rights except as set forth in permits issued pursuant to this chapter. The conditions in such permits shall be in force only in those times when low stream flows, or the potential therefor, result in a declaration as provided for in subsection A of § 62.1-249.
1989, c. 721.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 25 - Ground Water Management Act of 1992 › § 62.1-254. Findings and purpose

The General Assembly hereby determines and finds that, pursuant to the Groundwater Act of 1973, the continued, unrestricted usage of ground water is contributing and will contribute to pollution and shortage of ground water, thereby jeopardizing the public welfare, safety and health. It is the purpose of this Act to recognize and declare that the right to reasonable control of all ground water resources within this Commonwealth belongs to the public and that in order to conserve, protect and beneficially utilize the ground water of this Commonwealth and to ensure the public welfare, safety and health, provision for management and control of ground water resources is essential.
1992, c. 812.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 25 - Ground Water Management Act of 1992 › § 62.1-255. Definitions

As used in this chapter, unless the context requires otherwise:
"Agricultural irrigation" means irrigation that is used to support any operation devoted to the bona fide production of crops, animals, or fowl, including the production of fruits and vegetables of any kind; meat, dairy, and poultry products; nuts, tobacco, nursery, and floral products; and the production and harvest of products from silvicultural activity.
"Beneficial use" includes domestic (including public water supply), agricultural, commercial, and industrial uses.
"Board" means the State Water Control Board. However, when used outside the context of the promulgation of regulations, including regulations to establish general permits, pursuant to this chapter, "Board" means the Department of Environmental Quality.
"Department" means the Department of Environmental Quality.
"Eastern Shore Groundwater Management Area" means the ground water management area declared by the Board encompassing the Counties of Accomack and Northampton.
"Ground water" 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 the Commonwealth, whatever the subsurface geologic structure in which such water stands, flows, percolates or otherwise occurs.
"Ground water withdrawal permit" means a certificate issued by the Board permitting the withdrawal of a specified quantity of ground water in a ground water management area.
"Irrigation" means the controlled application of water through man-made systems to supply water requirements not satisfied by rainfall to assist in the growing or maintenance of vegetative growth.
"Nonagricultural irrigation" means all irrigation other than agricultural irrigation.
"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 the Commonwealth or any other state or country.
"Surficial aquifer" means the upper surface of a zone of saturation, where the body of ground water is not confined by an overlying impermeable zone.
1992, c. 812; 2018, c. 427; 2019, c. 755; 2020, c. 670; 2022, c. 356.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 25 - Ground Water Management Act of 1992 › § 62.1-255.1. Certified mail; subsequent mail or notices may be sent by regular mail

Whenever in this chapter the Board or the Department is required to send any mail or notice by certified mail and such mail or notice is sent certified mail, return receipt requested, then any subsequent, identical mail or notice that is sent by the Board or the Department may be sent by regular mail.
2011, c. 566.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 25 - Ground Water Management Act of 1992 › § 62.1-256. Duties of Board

The Board shall have the following duties and powers:
1. To issue ground water withdrawal permits in accordance with regulations adopted by the Board;
2. To issue special orders as provided in § 62.1-268;
3. To study, investigate and assess ground water resources and all problems concerned with the quality and quantity of ground water located wholly or partially in the Commonwealth, and to make such reports and recommendations as may be necessary to carry out the provisions of this chapter;
4. To require any person withdrawing ground water for any purpose anywhere in the Commonwealth, whether or not declared to be a ground water management area, to furnish to the Board such information with regard to such ground water withdrawal and the use thereof as may be necessary to carry out the provisions of this chapter, excluding ground water withdrawals occurring in conjunction with activities related to exploration for and production of oil, gas, coal or other minerals regulated by the Department of Energy;
5. To prescribe and enforce requirements that naturally flowing wells be plugged or destroyed, or be capped or equipped with valves so that flow of ground water may be completely stopped when said ground water is not currently being applied to a beneficial use;
6. To enter at reasonable times and under reasonable circumstances, any establishment or upon any property, public or private, for the purposes of obtaining information, conducting surveys or inspections, or inspecting wells and springs, and to duly authorize agents to do the same, to ensure compliance with any permits, standards, policies, rules, regulations, rulings and special orders which it may adopt, issue or establish to carry out the provisions of this chapter;
7. To issue special exceptions pursuant to § 62.1-267;
8. To adopt such regulations as it deems necessary to administer and enforce the provisions of this chapter; and
9. To delegate to its Executive Director any of the powers and duties invested in it to administer and enforce the provisions of this chapter except the adoption and promulgation of rules, standards or regulations; the revocation of permits; and the issuance, modification, or revocation of orders except in case of an emergency as provided in subsection B of § 62.1-268.
1992, c. 812; 2021, Sp. Sess. I, c. 532.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 25 - Ground Water Management Act of 1992 › § 62.1-256.2. (Expires July 1, 2025) Eastern Virginia Groundwater Management Advisory Committee established; sunset

A. The Department of Environmental Quality (the Department) shall establish the Eastern Virginia Groundwater Management Advisory Committee (the Committee) as an advisory committee to assist the State Water Commission and the Department in the management of groundwater in the Eastern Virginia Groundwater Management Area. Members of the Committee shall be appointed by the Director of the Department and shall be composed of nonlegislative citizen members consisting of representatives of industrial and municipal water users; representatives of public and private water providers; developers and representatives from the economic development community; representatives of agricultural, conservation, and environmental organizations; state and federal agency officials; and university faculty and citizens with expertise in water resources-related issues. The Department shall convene the Committee at least four times each fiscal year. Members of the Committee shall receive no compensation for their service and shall not be entitled to reimbursement for expenses incurred in the performance of their duties.
B. During each meeting of the Committee, the Department shall (i) update the Committee on activities pertaining to groundwater management in the Eastern Virginia Groundwater Management Area and (ii) solicit members to present topics and analysis for examination at future meetings. The Committee may develop specific statutory, budgetary, and regulatory recommendations, as necessary, to enhance the effectiveness of groundwater management in the Eastern Virginia Groundwater Management Area.
C. The Department shall annually report the results of the Committee's examinations and related recommendations, and any responses from the Department, to the State Water Commission, the Governor, and the General Assembly no later than November 1 of each year.
D. The provisions of this section shall expire on July 1, 2025.
2020, c. 805.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 25 - Ground Water Management Act of 1992 › § 62.1-257. When Board may initiate a ground water management area study proceeding; hearing required

A. 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 management area proceeding, whenever in its judgment there may be reason to believe that:
1. Ground water levels in the area are declining or are expected to decline excessively;
2. The wells of two or more ground water users within the area are interfering or may reasonably be expected to interfere substantially with one another;
3. The available ground water supply has been or may be overdrawn; or
4. The ground water in the area has been or may become polluted. Such pollution includes any alteration of the physical, chemical or biological properties of ground water which has a harmful or detrimental effect on the quality or quantity of such waters.
B. If the Board finds that any one of the conditions required above exists, and further finds that the public welfare, safety and health require that regulatory efforts be initiated, the Board shall by regulation declare the area in question to be a ground water management area. The Board shall include in its regulation a definition of the boundaries of the ground water management area. The Board shall mail 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 area lies.
1992, c. 812.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 25 - Ground Water Management Act of 1992 › § 62.1-258. Use of ground water in ground water management area; registration of well construction required

It is unlawful in a ground water management area for any person to withdraw, attempt to withdraw, or allow the withdrawal of any ground water, other than in accordance with a ground water withdrawal permit or as provided in § 62.1-259, subsections C, D and F of § 62.1-260, and subsection C of § 62.1-261. Each private well, as defined in § 32.1-176.3, constructed in a ground water management area shall be registered by the certified water well systems provider with the Board within 30 days of the completion of the construction. Such registration shall be in a format prescribed by the Board; however, the Board and the Board of Health shall develop joint private well forms and processes. The Department of Health shall provide the Board annually with a list of private wells that have received permits during the previous year. The list shall include each well's characteristics and location. The Board shall provide the Department of Health annually with a list of wells registered during the previous year.
1992, c. 812; 2015, c. 465.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 25 - Ground Water Management Act of 1992 › § 62.1-258.1. Irrigation wells for nonagricultural use prohibited; exceptions

Unless the Department of Environmental Quality has determined that the quantity or quality of the ground water in the surficial aquifer is not adequate to supply the proposed beneficial use, it shall be unlawful in a ground water management area for any person to construct a well for nonagricultural irrigation purposes except in the surficial aquifer. The provisions of this section shall not apply to wells constructed prior to the effective date of regulations adopted pursuant to subsection H of § 62.1-266.
2020, c. 670.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 25 - Ground Water Management Act of 1992 › § 62.1-259. Certain withdrawals; permit not required

No ground water withdrawal permit shall be required for (i) withdrawals of less than 300,000 gallons a month; (ii) temporary construction dewatering; (iii) temporary withdrawals associated with a state-approved ground water remediation; (iv) the withdrawal of ground water for use by a ground water heat pump where the discharge is reinjected into the aquifer from which it is withdrawn; (v) the withdrawal from a pond recharged by ground water without mechanical assistance; (vi) the withdrawal of water for geophysical investigations, including pump tests; (vii) the withdrawal of ground water coincident with exploration for and extraction of coal or activities associated with coal mining regulated by the Department of Energy; (viii) the withdrawal of ground water 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 users within a ground water management area; (ix) the withdrawal of ground water in any area not declared a ground water management area; or (x) the withdrawal of ground water pursuant to a special exception issued by the Board.
1992, c. 812; 2021, Sp. Sess. I, c. 532.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 25 - Ground Water Management Act of 1992 › § 62.1-259.1. Certain withdrawals; technical evaluation required

The developer of a subdivision, as defined in § 15.2-2201, located in a designated ground water management area shall apply for a technical evaluation from the Department of Environmental Quality prior to final subdivision plat approval if there will be 30 or more lots within the subdivision served by private wells, as defined in § 32.1-176.3. The application for a technical evaluation shall be on a form established by the Department and shall include a geophysical log from a geophysical borehole located within the subdivision. Such borehole may subsequently be utilized as a ground water supply for a dwelling unit or for other appropriate purpose within the subdivision. Within 60 days of receiving a complete application for a technical evaluation, the Department shall perform a technical evaluation and provide to the developer a recommendation sufficient to serve the water needs of each dwelling unit in the subdivision that specifies the aquifer or aquifers that will minimize unmitigated impacts to ground water resources and any offsite impacts to existing ground water users. The recommendation to the developer shall be nonbinding; however, any such developer who constructs one or more private wells in the subdivision in an aquifer inconsistent with the Department's recommendation shall prepare and submit a mitigation plan to the Department, consistent with requirements for mitigation plans established by the Board, and record a mitigation plan approved by the Department with the subdivision plat prior to constructing any private wells within the subdivision. The Department is authorized to charge the developer a fee not to exceed $5,000 to perform the technical evaluation. This section shall not apply to the developer of a subdivision who constructs all of the private wells within the subdivision in the surficial aquifer.
2018, c. 427.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 25 - Ground Water Management Act of 1992 › § 62.1-261. Permits for existing ground water withdrawals in newly established ground water management areas

A. Persons withdrawing ground water in any area declared a ground water management area on or after July 1, 1992, shall file an application within six months after the ground water management area has been declared in order to obtain a permit for withdrawals. The Board shall issue permits for the total amount of ground water withdrawn during any consecutive twelve-month period in the five years preceding said declaration, together with such savings as can be demonstrated to have been achieved through water conservation.
B. Persons withdrawing ground water for agricultural or livestock watering purposes in any area declared a ground water management area on or after July 1, 1992, shall file an application within six months after the ground water management area has been declared in order to obtain a permit for withdrawals. The Board shall issue permits for the total amount of ground water withdrawn during any consecutive twelve-month period in the ten-year period preceding such declaration, together with such savings as can be demonstrated to have been achieved through water conservation.
C. Persons withdrawing ground water in any area declared a ground water management area on or after July 1, 1992, may continue such withdrawal until the required permit application is acted on by the Board, provided that the permit application is filed within the six-month period following the declaration.
D. Persons applying for a ground water withdrawal permit issued pursuant to this section may request that they be permitted to withdraw more ground water than the amount to which they may be entitled based on their historic usage as set forth in this section. The Board in its discretion may issue a permit for a greater amount than that which is based on historic usage, upon consideration of factors set forth in § 62.1-263.
E. Failure by any person covered by the provisions of subsection A or B to file an application for a ground water withdrawal permit within the six months following the declaration of the ground water management area creates a presumption that any claim to withdraw ground water based on history of usage has been abandoned. In reviewing any application for a ground water withdrawal permit subsequently made by such a person, the Board shall consider the factors set forth in § 62.1-263.
1992, c. 812.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 25 - Ground Water Management Act of 1992 › § 62.1-262. (For contingent expiration date, see Acts 2021, Sp. Sess. I, c. 100) Permits for other ground water withdrawals

Any application for a ground water withdrawal permit, except as provided in §§ 62.1-260 and 62.1-261 and subsection H of § 62.1-266, shall include a water conservation and management plan approved by the Board. A water conservation and management plan shall include: (i) use of water-saving plumbing and processes including, where appropriate, use of water-saving fixtures in new and renovated plumbing as provided under the Uniform Statewide Building Code; (ii) a water-loss reduction program; (iii) a water-use education program; and (iv) mandatory reductions during water-shortage emergencies including, where appropriate, ordinances prohibiting waste of water generally and providing for mandatory water-use restrictions, with penalties, during water-shortage emergencies. The Board shall approve all water conservation plans in compliance with clauses (i) through (iv).
1992, c. 812; 2020, c. 670.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 25 - Ground Water Management Act of 1992 › § 62.1-262.1. Permits for withdrawals from Eastern Shore Groundwater Management Area

The Board shall adopt regulations to provide incentives for the withdrawal of ground water from the surficial aquifer in the Eastern Shore Groundwater Management Area rather than from the deep aquifer in such management area. Notwithstanding the provisions of subsection C of § 62.1-266, such incentives may include extended permit terms of as long as 20 years, an accelerated permit process, discounted permit fees, other subsidies, or other incentives.
2019, c. 755.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 25 - Ground Water Management Act of 1992 › § 62.1-262. (For contingent effective date, see Acts 2021, Sp. Sess. I, c. 100) Permits for other ground water withdrawals

Any application for a ground water withdrawal permit, except as provided in §§ 62.1-260 and 62.1-261 and subsection H of § 62.1-266, shall include a water conservation and management plan approved by the Board. A water conservation and management plan shall include: (i) use of water-saving plumbing and processes including, where appropriate, use of water-saving fixtures in new and renovated plumbing as provided under the Uniform Statewide Building Code; (ii) a water-loss reduction program; (iii) a water-use education program; and (iv) mandatory reductions during water-shortage emergencies including, where appropriate, ordinances prohibiting waste of water generally and providing for mandatory water-use restrictions, with penalties, during water-shortage emergencies. The Board shall approve all water conservation plans in compliance with clauses (i) through (iv).
1992, c. 812; 2020, c. 670.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 25 - Ground Water Management Act of 1992 › § 62.1-263. Criteria for issuance of permits

When reviewing an application for a permit to withdraw ground water, or an amendment to a permit, the Board may consider the nature of the proposed beneficial use, the proposed use of alternate or innovative approaches such as aquifer storage and recovery systems and surface and ground water conjunctive uses, climatic cycles, unique requirements for nuclear power stations, economic cycles, population projections, the status of land use and other necessary approvals, and the adoption and implementation of the applicant's water conservation and management plan. In no case shall a permit be issued for more ground water than can be applied to the proposed beneficial use.
When proposed uses of ground water are in conflict or when available supplies of ground water are insufficient for all who desire to use them, preference shall be given to uses for human consumption, over all others.
In evaluating permit applications, the Board shall ensure that the maximum possible safe supply of ground water will be preserved and protected for all other beneficial uses.
In evaluating the available ground water with respect to permit applications for new or expanded withdrawals in the Eastern Virginia or Eastern Shore Groundwater Management Areas, the Board shall use the average of the actual historical ground water usage from the inception of the ground water withdrawals of a political subdivision or authority operating a ground water and surface water conjunctive use system and shall not use the total permit capacity of such system in determining such availability.
1992, c. 812; 1994, cc. 513, 592.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 25 - Ground Water Management Act of 1992 › § 62.1-263.1. Permit rationale

In granting a permit pursuant to this chapter, the Department shall provide in writing a clear and concise statement of the legal basis, scientific rationale, and justification for the decision reached. When the decision of the Department is to deny a permit pursuant to this chapter, the Department shall, in consultation with legal counsel, provide a clear and concise statement explaining the reason for the denial, the scientific justification for the same, and how the Department's decision is in compliance with applicable laws and regulations. Copies of the decision, certified by the Director, shall be mailed by certified mail to the permittee or applicant.
2022, c. 356.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 25 - Ground Water Management Act of 1992 › § 62.1-264. Permits for public water supplies

To ensure that any ground water withdrawal permit issued for a public water supply does not impact a waterworks operation permit issued pursuant to § 32.1-172, the maximum permitted daily withdrawal shall be set by the Board at a level consistent with the requirements and conditions contained in the waterworks operation permit. This section shall not limit the authority of the Board to reduce or eliminate ground water withdrawals by a waterworks if necessary to protect human health or the environment. In promulgating regulations to implement this section, and in administering such regulations and this chapter, the Board shall consult and cooperate with the State Health Department to the end that effective, equitable management of ground water and safeguarding of public health will be attained to the maximum extent possible.
1992, c. 812.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 25 - Ground Water Management Act of 1992 › § 62.1-265. Drought relief wells

A political subdivision, or an authority serving a political subdivision, holding a certificate of ground water right issued prior to July 1, 1992, or a permit to withdraw ground water issued prior to July 1, 1992, in the Eastern Virginia or Eastern Shore Groundwater Management Areas, for the operation of a public water supply well for the purpose of providing supplemental water during drought conditions, shall file an application for a ground water withdrawal permit on or before December 31, 1992. The Board shall issue ground water withdrawal permits for supplemental drought relief wells for the amount of ground water needed annually to meet human consumption needs as documented by a water conservation and management plan approved by the Board as provided in § 62.1-262. Any ground water withdrawal permits for supplemental drought relief wells shall be issued with the condition that withdrawals may only be made at times that mandatory water use restrictions have been implemented pursuant to the water conservation and management plan.
1992, c. 812.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 25 - Ground Water Management Act of 1992 › § 62.1-267. Issuance of special exceptions

A. The Board may issue a special exception to allow the withdrawal of ground water in the case of an unusual situation in which requiring the user to obtain a ground water withdrawal permit would be contrary to the intended purpose of the Act.
B. In reviewing an application for a special exception, the Board may consider the amount and duration of the proposed withdrawal, the beneficial use intended for the ground water, the return of the ground water to the aquifer, and the effect of the withdrawal on human health and the environment. Any person requesting a special exception shall submit an application to the Board containing such information as the Board shall require by regulation adopted pursuant to this chapter.
C. Any special exception issued by the Board shall state the terms pursuant to which the applicant may withdraw ground water, including the amount of ground water that may be withdrawn in any period and the duration of the special exception. No special exception shall be issued for a term exceeding 15 years.
D. A violation of any term or provision of a special exception shall subject the holder thereof to the same penalties and enforcement procedures as would apply to a violation of a ground water withdrawal permit.
E. The Board shall have the power to amend or revoke any special exception after notice and opportunity for hearing on the grounds set forth in subsection D of § 62.1-266 for amendment or revocation of a ground water withdrawal permit.
1992, c. 812; 2018, c. 424.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 25 - Ground Water Management Act of 1992 › § 62.1-268. Issuance of special orders

A. The Board may issue special orders (i) requiring any person who has violated the terms and provisions of a ground water withdrawal permit issued by the Board to comply with such terms and provisions; (ii) requiring any person who has failed to comply with a directive from the Board to comply with such directive; or (iii) requiring any person who has failed to comply with the provisions of this chapter or any decision of the Board pertaining to ground water to comply with such provision or decision.
B. Such special orders are to be issued only after a hearing with at least thirty days' notice to the affected person of the time, place and purpose thereof, and they shall become effective not less than fifteen days after service by certified mail, sent to the last known address of such person, with the time limits counted from the date of such mailing; however, if the Board finds that any such person is grossly affecting or presents an imminent and substantial danger to (i) the public welfare, safety or health; (ii) a public water supply; or (iii) commercial, industrial, agricultural or other beneficial uses, it may issue, without advance notice or hearing, an emergency special order directing the person to cease such withdrawal immediately and shall provide an opportunity for a hearing, after reasonable notice as to the time and place thereof to the person, to affirm, modify, amend or cancel such emergency special order. If a person who has been issued such a special order or an emergency special order is not complying with the terms thereof, the Board may proceed in accordance with § 62.1-269, and where the order is based on a finding of an imminent and substantial danger, the court shall issue an injunction compelling compliance with the emergency special order pending a hearing by the Board. If an emergency special order requires cessation of a withdrawal, the Board shall provide an opportunity for a hearing within forty-eight hours of the issuance of the injunction.
C. The provisions of this section notwithstanding, the Board may proceed directly under § 62.1-270 for any past violation or violations of any provision of this chapter or any regulation duly promulgated hereunder.
D. With the consent of any person who has violated or failed, neglected or refused to obey any regulation or order of the Board pertaining to ground water, any condition of a ground water withdrawal permit or any provision of this chapter, the Board may provide, in an order issued by the Board against such person, for the payment of civil charges for past violations in specific sums not to exceed the limit specified in § 62.1-270. Such civil charges shall be instead of any appropriate civil penalty which could be imposed under subsection A of § 62.1-270 and shall not be subject to the provisions of § 2.2-514.
1992, c. 812.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 25 - Ground Water Management Act of 1992 › § 62.1-269. Enforcement by injunction, etc.

Any person violating or failing, neglecting or refusing to obey any rule, regulation, order, standard or requirement of the Board pertaining to ground water, any provision of any ground water withdrawal permit issued by the Board, or any provision of this chapter may be compelled to obey same and to comply therewith in a proceeding instituted by the Board in any appropriate court for injunction, mandamus or other appropriate remedy. The Board shall be entitled to an award of reasonable attorneys' fees and costs in any action brought by the Board under this section in which it substantially prevails on the merits of the case, unless special circumstances would make an award unjust.
1992, c. 812.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 26 - Potomac Aquifer Recharge Monitoring › § 62.1-271. Definitions

For the purposes of this chapter:
"Committee" means the Potomac Aquifer Recharge Oversight Committee established pursuant to § 62.1-272.
"Department" means the Department of Environmental Quality.
"HRSD" means the Hampton Roads Sanitation District.
"Laboratory" means the Potomac Aquifer Recharge Monitoring Laboratory established pursuant to § 62.1-274.
"SWIFT Project" means the Sustainable Water Initiative for Tomorrow Project conducted by HRSD.
2019, cc. 54, 58.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 26 - Potomac Aquifer Recharge Monitoring › § 62.1-272. Potomac Aquifer Recharge Oversight Committee

A. The Potomac Aquifer Recharge Oversight Committee is established as an advisory board and shall consist of eight voting members and two nonvoting members:
1. The State Health Commissioner or his designee, who shall be a full-time employee of the Virginia Department of Health;
2. The Director of the Department of Environmental Quality or his designee, who shall be a full-time employee of the Department;
3. The Executive Director of the Hampton Roads Planning District Commission or his designee, who shall be a full-time employee of the Hampton Roads Planning District Commission;
4. The two Co-Directors of the Potomac Aquifer Recharge Monitoring Laboratory established pursuant to § 62.1-274;
5. The Director of the Occoquan Watershed Monitoring Laboratory, established pursuant to regulations adopted by the Board;
6. A Virginia citizen who is a full-time employee of a water authority or locality that depends on the Potomac Aquifer as a significant source of public drinking water;
7. A Virginia citizen who is a licensed physician engaged in medical practice within the Eastern Virginia Groundwater Management Area;
8. The Regional Administrator of Region III of the U.S. Environmental Protection Agency (EPA) or his designee, who shall be a full-time employee of EPA Region III and shall serve ex officio without voting privileges; and
9. The Director of the Virginia and West Virginia Water Science Center of the U.S. Geological Survey (USGS) or his designee, who shall be a full-time employee of USGS and shall serve ex officio without voting privileges.
The two Virginia citizen members shall be selected on the basis of merit without regard to political affiliation and shall, by character and reputation, reasonably be expected to inspire the highest degree of cooperation and confidence in the work of the Committee. Each citizen member shall be appointed by the Governor, subject to confirmation by the General Assembly, and shall be appointed for an initial term of two years ending July 1, 2021, and for a term of four years thereafter. Any vacancy of the seat of a citizen member other than by expiration of a term shall be filled by the Governor by appointment for the unexpired term.
B. The Director of the Department shall be the initial chairman of the Committee and shall serve an initial term as chairman until July 1, 2020. The Committee shall elect a chairman to serve thereafter from among any of the eight voting members. The chairman shall be elected to serve a one-year term ending the next July 1 or until his successor is elected. There shall be no limitation on the number of consecutive terms that a committee member may be elected to serve as chairman.
C. The Committee shall convene at least quarterly during the initial three years ending July 1, 2022, and shall convene at least once per calendar year thereafter.
2019, cc. 54, 58.
2023 Code of Virginia › Title 62.1 - Waters of the State, Ports and Harbors › Chapter 26 - Potomac Aquifer Recharge Monitoring › § 62.1-275. Cessation of injection

A. HRSD shall operate and monitor the SWIFT Project advanced treatment process and recharge operations in accordance with any applicable permit or authorization issued by the U.S. Environmental Protection Agency at all times, including during the cessation of injection and the implementation of other required measures, when applicable, in accordance with the terms and conditions of the permitted contingency plan.
B. If HRSD fails to comply with the requirements of any applicable permit or authorization issued by the U.S. Environmental Protection Agency, the State Water Control Board may issue to HRSD a special order or emergency special order pursuant to subdivisions (8a) and (8b) of § 62.1-44.15, or the State Health Commissioner may issue to HRSD an emergency order pursuant to § 32.1-13 or 32.1-175, directing HRSD to cease injections or make necessary corrections to the SWIFT Project's advanced treatment processes or recharge operations. This subsection shall not be construed to prohibit or limit the Department, the State Water Control Board, or the State Health Commissioner from taking any lawful action related to the SWIFT Project.
2019, cc. 54, 58.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 1 - General Provisions › § 63.2-100.1. Certified mail; subsequent mail or notices may be sent by regular mail

Whenever in this title the Board or the Department is required to send any mail or notice by certified mail and such mail or notice is sent certified mail, return receipt requested, then any subsequent, identical mail or notice that is sent by the Board or the Department may be sent by regular mail.
2011, c. 566.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 1 - General Provisions › § 63.2-101. Authority of Department to request and receive information from other agencies; use of information so obtained; provide access to information for medical assistance eligibility purposes

A. The Department may request and shall receive from the records of all departments, boards, bureaus or other agencies of this Commonwealth and of other states such information as is necessary for the purpose of carrying out the provisions and programs of this title, and the same are authorized to provide such information; provided that, a written statement from the requesting party stating the reason for seeking such record is submitted and filed with the record sought. The Department may make such information available only to public officials and agencies of this Commonwealth, and other states, and political subdivisions of this Commonwealth and other states, where the request for information relates to administration of the various public assistance or social services programs.
B. The Department shall provide, to the Department of Medical Assistance Services and to certain entities approved by the Board of Medical Assistance Services, access to information regarding a medical assistance applicant's receipt of public assistance from programs administered by the Department. Such access shall be limited to information necessary to determine an individual's eligibility for medical assistance services and to the extent specified in a memorandum of understanding between the Department and the Department of Medical Assistance Services.
1975, c. 9, § 63.1-1.1:1; 1981, c. 21; 2002, c. 747; 2016, c. 111.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 1 - General Provisions › § 63.2-102. Allowing access to records and information for public assistance programs and child support enforcement; penalty

A. All records, information and statistical registries of the Department and local boards and other information that pertain to public assistance and child support enforcement provided to or on behalf of any individual shall be confidential and shall not be disclosed except to persons specified hereinafter and to the extent permitted by state and federal law and regulation. The local boards shall allow the Commissioner, at all times, to have access to the records of the local boards relating to the appropriation, expenditure and distribution of funds for, and other matters concerning, public assistance under this title.
Except as provided by state and federal law and regulation, no record, information or statistical registries concerning applicants for and recipients of public assistance and child support shall be made available except for purposes directly connected with the administration of such programs. Such purposes include establishing eligibility, determining the amount of the public assistance and child support, and providing social services for applicants and recipients. It shall be unlawful for any person to disclose, directly or indirectly, any such confidential information, and any person violating these provisions shall be guilty of a Class 1 misdemeanor.
B. If a request for a record or information concerning applicants for and recipients of public assistance or child support is made to the Department or a local department for a purpose not directly connected to the administration of such programs, the Commissioner or local director shall not provide the record or information unless permitted by state or federal law or regulation.
Code 1950, §§ 63-41, 63-68, 63-140, 63-140.15, 63-161, 63-204, 63-220; 1952, c. 287; 1962, c. 621; 1968, cc. 43, 466, 578, §§ 63.1-34, 63.1-53, 63.1-126; 1970, c. 233; 1972, c. 718; 1974, c. 417; 1975, c. 311; 1984, c. 498; 1986, c. 594; 1988, c. 906; 1996, c. 455; 2001, c. 518; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 1 - General Provisions › § 63.2-103. Confidential records and information concerning child support enforcement

Any records established pursuant to the provisions of § 63.2-1902 shall be available only for the enforcement of support of children and their caretakers and to the Attorney General, prosecuting attorneys, law-enforcement agencies, courts of competent jurisdiction and agencies in other states engaged in the enforcement of support of children and their caretakers. Information pertaining to actions taken on behalf of recipients of child support services may be disclosed to the recipient and other parties pursuant to Board regulations. The Board shall adopt regulations regarding the release of information to parties involved in administrative proceedings pursuant to Chapter 19 (§ 63.2-1900 et seq.) of this title, taking into account the health and safety of the parties to whom the information is related, and such releases of information shall be permitted, notwithstanding the provisions of the Government Data Collection and Dissemination Practices Act (§ 2.2-3800 et seq.). Information may also be disclosed to authorized persons, in accordance with 42 U.S.C. § 663, in cases of unlawful taking or restraint of a child.
1988, c. 906, § 63.1-274.6; 1990, c. 836; 1991, cc. 545, 588; 1994, c. 665; 1997, cc. 796, 895; 2001, c. 573; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 1 - General Provisions › § 63.2-106. Failure to obey subpoena or charging illegal fees; penalty

If any person fails or refuses to obey any subpoena issued under the provisions of § 63.2-220 or § 63.2-322, or charges or receives any fee contrary to the provisions of § 63.2-508, he shall be guilty of a Class 1 misdemeanor.
Code 1950, §§ 63-139, 63-160, 63-203, 63-219; 1968, c. 578, § 63.1-125; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 2 - State Social Services › § 63.2-200. Department of Social Services created

The Department of Social Services is hereby created in the executive branch responsible to the Governor. The Department shall be under the supervision and management of the Commissioner of Social Services.
1974, cc. 44, 45, § 63.1-1.1; 1981, c. 21; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 2 - State Social Services › § 63.2-201. Appointment of Commissioner

The Commissioner of Social Services, shall be appointed by the Governor, subject to confirmation by the General Assembly, if in session when the appointment is made, and if not in session, then at its next succeeding session.
Code 1950, § 63-2; 1968, c. 578, § 63.1-2; 1974, cc. 44, 45; 1981, c. 21; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 2 - State Social Services › § 63.2-202. Term of office; vacancies

The Commissioner shall hold office at the pleasure of the Governor for a term coincident with that of each Governor making the appointment, or until his successor is appointed and qualified. Vacancies shall be filled in the same manner as original appointments are made.
Code 1950, § 63-3; 1968, c. 578, § 63.1-3; 1981, c. 21; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 2 - State Social Services › § 63.2-203. Powers and duties of Commissioner generally

A. The Commissioner, subject to the regulations of the Board, shall have all of the powers and perform all the duties conferred upon him by law. Except as otherwise provided, he shall supervise the administration of the provisions of this title and shall see that all laws pertaining to the Department are carried out to their true intent and spirit.
B. The Commissioner shall enforce the regulations adopted by the Board.
Code 1950, §§ 63-5, 63-38, 63-254; 1968, cc. 578, 670, §§ 63.1-4, 63.1-31, 63.1-217; 1974, cc. 44, 45; 1981, c. 21; 1999, cc. 737, 763; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 2 - State Social Services › § 63.2-204. Cooperation with local authorities

The Commissioner shall assist and cooperate with local authorities in the administration of this title. He shall encourage and direct the training of all personnel of local boards and local departments engaged in the administration of any program within the purview of this title or Chapter 11 (§ 16.1-226 et seq.) of Title 16.1. The Commissioner shall collect and publish statistics and such other data as may be deemed of value in assisting the public authorities and other social agencies of the Commonwealth in improving the care of these persons and in correcting conditions that contribute to dependency and delinquency. The Commissioner shall also, in his discretion, initiate and conduct conferences designed to accomplish such ends and to further coordination of effort in this field.
Code 1950, § 63-39; 1968, cc. 578, 670, § 63.1-32; 1974, cc. 44, 45; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 2 - State Social Services › § 63.2-205. Requiring reports from local boards; forms and submission schedule; approval of budgets by Commissioner

A. The Commissioner shall require of local boards such reports relating to the administration of this title as the Commissioner may deem necessary to enable the Board and the Commissioner to exercise and perform the functions, duties and powers conferred and imposed by this title. He shall prescribe the form and submission schedule of applications, reports, affidavits, budgets and budget exhibits, and such other forms as may be required in the administration of this title.
B. The Commissioner shall review budget requests submitted by local boards, make modifications consistent with the requirements of this title and transmit the approved budget to each local board.
Code 1950, §§ 63-40, 63-42; 1968, c. 578, § 63.1-33; 1975, c. 368; 1976, c. 383; 2002, c. 747.