Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part V - Surface Water Withdrawals › Section 9VAC25-210-310 - Exclusions from permits for surface water withdrawals

Current through Register Vol. 40, No. 24, July 15, 2024
A. The following
				  surface water withdrawals are excluded from VWP permit requirements. Activities
				  other than the surface water withdrawal that are contained in
				  9VAC25-210-50
				  and are associated with the construction and operation of the surface water
				  withdrawal are subject to VWP permit requirements, unless excluded by
				  9VAC25-210-60. Other
				  permits under state and federal law may be required.
1. Any surface water withdrawal in existence
				  on July 1, 1989; however, a permit shall be required if a new § 401
				  certification is required to increase a withdrawal. To qualify for this
				  exclusion, the surface water withdrawal shall be deemed to be in existence on
				  July 1, 1989, if there was an actual withdrawal on or before that date and the
				  withdrawal has not been abandoned.
a.
				  Abandonment of a surface water withdrawal. A surface water withdrawal shall be
				  deemed to be abandoned if the owner of the surface water withdrawal system (i)
				  notifies the Department of Environmental Quality in writing that the withdrawal
				  has been abandoned or (ii) removes or disables the surface water withdrawal
				  system with the intent to permanently cease such withdrawal. Transfer of
				  ownership or operational control of the surface water withdrawal system, a
				  change in use of the water, or temporary cessation of the withdrawal shall not
				  be deemed evidence of abandonment. The notification shall be signed by the
				  owner of record or shall include evidence satisfactory to DEQ that the
				  signatory is authorized to submit the notice on behalf of the owner of record.
				  Evidence may include, but shall not be limited to, a resolution of the
				  governing body of the owner or corporate minutes.
b. Information to be furnished to DEQ. Each
				  owner or operator of a permanent surface water withdrawal system engaging in a
				  withdrawal that is subject to this exclusion shall provide DEQ the estimated
				  maximum capacity of the intake structure, the location of the existing intake
				  structure, and any other information that may be required by the department.
				  Each owner or operator of a temporary surface water withdrawal system engaging
				  in a withdrawal that is subject to this exclusion, where the purpose of the
				  withdrawal is for agriculture, shall provide to DEQ the maximum annual surface
				  water withdrawal over the last 10 years. The information shall be provided
				  within one year of the date that notice of such request is received from DEQ
				  and shall be updated when the maximum capacity of the existing intake structure
				  changes. The information provided to DEQ shall not constitute a limit on the
				  exempted withdrawal. Such information shall be utilized by DEQ to protect
				  existing beneficial uses and shall be considered when evaluating applications
				  for new withdrawal permits.