reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VI - Enforcement › Section - DOCUMENTS INCORPORATED BY REFERENCE (9VAC25-210)

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Stormwater Management Handbook, First Edition,
					 1999, Volume I, Chapter 3, Department of Conservation and Recreation.
Corps of Engineers Wetlands Delineation Manual, Technical
					 Report Y-87-1, January 1987, Final Report.
Forestry Best Management Practices for Water Quality in
					 Virginia Technical Guide, Fourth Edition, 2002, Department of Forestry.
Virginia Agricultural Best Management Practices (BMP)
					 Manual, Revised June 2000, Department of Conservation and Recreation.
Virginia Erosion and Sediment Control Handbook, Third
					 Edition, 1992, Department of Conservation and Recreation.
Guideline for Specification of Disposal Sites for Dredged
					 of Fill Material, 40 CFR Part 230 (Federal Register December 24, 1980).
Potomac River Low Flow Allocation Agreement, January 11,
					 1978, § 181 of the Water Resources Development Act of 1976, Public Law
					 94-587, as modified on April 22, 1986.
Water Supply Coordination Agreement, July 22, 1982, an
					 attachment to the Drought-Related Operations Manual for the Washington
					 Metropolitan Area Water Suppliers.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VII - Miscellaneous › Section 9VAC25-210-600

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 62.1-44.15 of the Code of
						Virginia; § 401 of the Clean Water Act (33 USC §
													1251 et
						seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VII - Miscellaneous › Section 9VAC25-210-610 - Transition

Current through Register Vol. 40, No. 24, July 15, 2024
A. All applications
				  received on or after August 2, 2016, will be processed in accordance with these
				  new procedures.
B. VWP individual
				  permits issued prior to August 2, 2016, will remain in full force and effect
				  until such permits expire, are revoked, or are terminated and during any period
				  of administrative continuance in accordance with 9VAC25-210-65.
C. Section 401 Water Quality Certificates
				  issued prior to December 31, 1989, have the same effect as a VWP permit. Water
				  Quality Certificates issued after this date will remain in effect until
				  reissued as Virginia Water Protection Permits.
NOTICE: The following forms used in administering the
					 regulation were filed by the agency. The forms are not being published;
					 however, online users of this issue of the Virginia Register of Regulations may
					 click on the name of a form with a hyperlink to access it. The forms are also
					 available from the agency contact or may be viewed at the Office of the
					 Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond,
					 Virginia 23219.
Statutory Authority: §§ 62.1-44.15 and
						62.1-44.15:5 of the Code of Virginia; § 401 of the Clean Water Act (33 USC
						§ 1251 et seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VII - Miscellaneous › Form - FORMS (9VAC25-210)

Current through Register Vol. 40, No. 24, July 15, 2024
Department
					 of Environmental Quality Water Division Permit Application Fee Form, Form 5
					 (rev. 10/2018)
Standard
					 Joint Permit Application for Projects in Waters and Wetlands of the
					 Commonwealth of Virginia (rev. 9/2018)
Virginia
					 Department of Transportation, Inter-Agency Coordination Meeting Joint Permit
					 Application (eff. 6/2008)
Tidewater
					 Joint Permit Application for Projects Involving Tidal Waters, Tidal Wetlands
					 and/or Dunes and Beaches in Virginia (rev. 9/2018)
Monthly
					 Reporting of Impacts Less than or Equal to One-Tenth Acre Statewide (eff.
					 8/2007)
Statutory Authority: §§ 62.1-44.15 and
						62.1-44.15:5 of the Code of Virginia; § 401 of the Clean Water Act (33 USC
						§ 1251 et seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VII - Miscellaneous › Section - DOCUMENTS INCORPORATED BY REFERENCE (9VAC25-210)

Current through Register Vol. 40, No. 24, July 15, 2024
Classification
					 of Wetlands and Deepwater Habitats of the United States, Cowardin, Lewis M. II,
					 et al., United States Fish and Wildlife Service, December 1979, Reprinted
					 1992
Corps of
					 Engineers Regional Supplement to the Corps of Engineers Wetland Delineation
					 Manual: Eastern Mountains and Piedmont Region (Version 2.0), April 2012
Corps of Engineers
					 Regional Supplement to the Corps of Engineers Wetland Delineation Manual:
					 Atlantic and Gulf Coastal Plain Region (Version 2.0), November
					 2010
Corps of Engineers Wetlands Delineation Manual, Technical
					 Report Y-87-1, January 1987, Final Report
Forestry Best Management Practices for Water Quality in
					 Virginia Technical Guide, Fourth Edition, 2002, Department of Forestry
Guidelines for Specification of Disposal Sites for Dredged
					 or Fill Material, 40 CFR Part 230
Potomac River Low Flow Allocation Agreement, January 11,
					 1978, § 181 of the Water Resources Development Act of 1976, Public Law
					 94-587, as modified on April 22, 1986
Virginia Agricultural Best Management Practices (BMP)
					 Manual, Revised June 2000, Department of Conservation and Recreation
Virginia Drought Assessment and Response Plan, March 28,
					 2003, Drought Response Technical Advisory Committee
Virginia Erosion and Sediment Control Handbook, Third
					 Edition, 1992, Department of Conservation and Recreation
Virginia Stormwater Management Handbook, First Edition,
					 1999, Volume I, Chapter 3, Department of Conservation and Recreation
Water Supply Coordination Agreement, July 22, 1982, an
					 attachment to the Drought-Related Operations Manual for the Washington
					 Metropolitan Area Water Suppliers
Statutory Authority: §§ 62.1-44.15 and
						62.1-44.15:5 of the Code of Virginia; § 401 of the Clean Water Act (33 USC
						§ 1251 et seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 220 - SURFACE WATER MANAGEMENT AREA REGULATION › Part I - General › Section 9VAC25-220-15 - Permit rationale

Current through Register Vol. 40, No. 24, July 15, 2024
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, 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.
Statutory Authority: § 62.1-249 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 220 - SURFACE WATER MANAGEMENT AREA REGULATION › Part I - General › Section 9VAC25-220-20 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter delineates the procedures and requirements to
					 be followed in connection with establishment of surface water management areas,
					 the issuance of surface water withdrawal permits and the issuance of surface
					 water withdrawal certificates by the department pursuant to the Code of
					 Virginia. The establishment of surface water management areas, the issuance of
					 surface water withdrawal permits and surface water withdrawal certificates
					 provide for the protection of beneficial uses during periods of low stream
					 flow.
Statutory Authority: § 62.1-249 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 220 - SURFACE WATER MANAGEMENT AREA REGULATION › Part I - General › Section 9VAC25-220-30 - Authority for chapter

Current through Register Vol. 40, No. 24, July 15, 2024
The authority for this chapter is found in Chapter 24
					 (§ 62.1-242 et seq.) of Title 62.1 of the Code of
					 Virginia.
Statutory Authority
Chapter 24 (§ 62.1-242 et seq.) of Title 62.1 of
						the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 220 - SURFACE WATER MANAGEMENT AREA REGULATION › Part I - General › Section 9VAC25-220-40 - Initiate surface water management area proceeding

Current through Register Vol. 40, No. 24, July 15, 2024
A. The board
				  upon its own motion or, in its discretion, upon receipt of a petition by any
				  county, city or town within the surface water management area in question, or
				  any state agency, may initiate a surface water management area proceeding
				  whenever in its judgment there is evidence to indicate that:
1. A stream has substantial instream values
				  as indicated by evidence of fishery, recreation, habitat, cultural or aesthetic
				  properties;
2. Historical records
				  or current conditions indicate that a low flow condition could occur which
				  would threaten important instream uses; and
3. Current or potential offstream uses
				  contribute to or are likely to exacerbate natural low flow conditions to the
				  detriment of instream values.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 220 - SURFACE WATER MANAGEMENT AREA REGULATION › Part I - General › Section 9VAC25-220-50 - Notice of surface water management area

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  department shall cause notice of the declaration of a surface water management
				  area to be published in a newspaper of general circulation throughout the area
				  covered by the declaration.
B. The
				  department shall mail, by electronic or postal delivery, a copy of its decision
				  on the proposed declaration of a surface water management area to the mayor or
				  chairman of the governing body of each county, city or town within which any
				  part of the area lies, or which is known by the department to make offstream
				  use of water from the area, and to the chief administrative officer of any
				  federal facility known by the department to be using water from within the
				  area.
Statutory Authority: § 62.1-249 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 220 - SURFACE WATER MANAGEMENT AREA REGULATION › Part I - General › Section 9VAC25-220-60 - Agreements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  department shall encourage, promote and recognize voluntary agreements among
				  persons withdrawing surface water in the same surface water management
				  area.
B. When the department finds
				  that any such agreement, executed in writing and filed with the department, is
				  consistent with the intent, purposes and requirements of this chapter, the
				  department shall approve the agreement following a public hearing.
C. The department shall provide at least 60
				  days' notice of the public hearing to the public in general and individually to
				  those persons withdrawing surface water in the surface water management area
				  who are not parties to the agreement and shall make a good faith effort to so
				  notify recreational user groups, conservation organizations and fisheries
				  management agencies. The department shall be a party to the
				  agreement.
D. The agreement, until
				  terminated, shall control in lieu of a formal order, rule, or permit issued by
				  the department or a regulation adopted by the board under the provisions of
				  this chapter and shall be deemed to be a case decision under the Administrative
				  Process Act (§ 2.2-4000 et seq. of the Code of Virginia). Permits issued
				  in accordance with this chapter shall incorporate the terms of this
				  agreement.
E. Any agreement shall
				  specify the amount of water affected by it.
F. Any agreement approved by the department
				  may include conditions that can result in its amendment or termination by the
				  department following a public hearing if the department finds that it or its
				  effect is inconsistent with the intent, purposes and requirements of this
				  chapter. Such conditions include the following:
1. A determination by the department that the
				  agreement originally approved by the department will not further the purposes
				  of this chapter;
2. A determination
				  by the department that circumstances have changed such that the agreement
				  originally approved by the department will no longer further the purposes of
				  this chapter; or
3. One or more of
				  the parties to the agreement is not fulfilling its commitments under the
				  agreement.
The department shall provide at least 60 days' notice of
					 the public hearing to the public and individually to those persons withdrawing
					 surface water in the surface water management area who are not parties to the
					 agreement and shall make a good faith effort to so notify recreational user
					 groups, conservation organizations and fisheries management
					 agencies.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 220 - SURFACE WATER MANAGEMENT AREA REGULATION › Part II - Permit Requirements, Application and Issuance › Section 9VAC25-220-70 - Application for a permit

Current through Register Vol. 40, No. 24, July 15, 2024
A. Duty to
				  apply. Any person who withdraws surface water or proposes to withdraw surface
				  water in a surface water management area must have a surface water withdrawal
				  permit, except persons excluded under subsection B of this section or exempted
				  under subsection C of this section, or withdrawals made pursuant to a voluntary
				  agreement approved by the department pursuant to
				  9VAC25-220-60. A
				  complete application shall be submitted to the department in accordance with
				  this section.
B. Exclusions. The
				  following do not require a surface water withdrawal permit but may require
				  other permits under state and federal law:
1.
				  Any nonconsumptive use;
2. Any
				  water withdrawal of less than 300,000 gallons in any single month;
3. Any water withdrawal from a farm pond
				  collecting diffuse surface water and not situated on a perennial stream as
				  defined in the United States Geological Survey 7.5-minute series topographic
				  maps;
4. Any withdrawal in any area
				  which has not been declared a surface water management area; and
5. Any withdrawal from a wastewater treatment
				  system permitted by the Department of Environmental Quality or the Department
				  of Energy.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 220 - SURFACE WATER MANAGEMENT AREA REGULATION › Part II - Permit Requirements, Application and Issuance › Section 9VAC25-220-80 - Conditions applicable to all permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. Duty to
				  comply. The permittee shall comply with all conditions of the permit. Nothing
				  in this chapter shall be construed to relieve the surface water withdrawal
				  permit holder of the duty to comply with all applicable federal and state
				  statutes, regulations, standards and prohibitions. Any permit noncompliance is
				  a violation of the law and is grounds for enforcement action, permit
				  suspension, cancellation, revocation, modification or denial of a permit
				  renewal application.
B. Duty to
				  mitigate. The permittee shall take all reasonable steps to (i) avoid all
				  adverse environmental impact which could result from the activity, (ii) where
				  avoidance is impractical, minimize the adverse environmental impact, and (iii)
				  where impacts cannot be avoided, provide mitigation of the adverse impact on an
				  in-kind basis.
C. Permit action.
1. A permit may be modified, revoked,
				  suspended, cancelled, reissued, or terminated as set forth in this
				  chapter.
2. If a permittee files a
				  request for permit modification, suspension or cancellation, 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
				  department. This provision shall not be used to extend the expiration date of
				  the effective permit.
3. Permits
				  may be modified, revoked and reissued or terminated upon the request of the
				  permittee, or upon department initiative to reflect the requirements of any
				  changes in the statutes or regulations.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 220 - SURFACE WATER MANAGEMENT AREA REGULATION › Part II - Permit Requirements, Application and Issuance › Section 9VAC25-220-90 - Signatory requirements

Current through Register Vol. 40, No. 24, July 15, 2024
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.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 220 - SURFACE WATER MANAGEMENT AREA REGULATION › Part II - Permit Requirements, Application and Issuance › Section 9VAC25-220-100 - Establishing applicable limitations or other permit conditions

Current through Register Vol. 40, No. 24, July 15, 2024
In addition to the conditions established in
					 9VAC25-220-80,
					 each permit shall include conditions meeting the following requirements where
					 applicable:
1. Instream flow
				  conditions.
a. Subject to the provisions of
				  § 62.1-242 et seq. of the Code of Virginia and subject to the authority of
				  the State Corporation Commission over hydroelectric facilities contained in
				  § 62.1-80 et seq. of the Code of Virginia instream flow conditions may
				  include but are not limited to conditions that limit the volume and rate at
				  which water may be withdrawn at certain times and conditions that require water
				  conservation and reductions in water use.
b. This flow requirement shall be appropriate
				  for the protection of beneficial uses.
c. In determining the level of flow in need
				  of protection of beneficial uses, the department shall consider, among other
				  things, recreation and aesthetic factors and the potential for substantial and
				  long-term adverse impact on fish and wildlife found in that particular surface
				  water management area. Should this determination indicate a need to restrict
				  water withdrawal, the department shall consider, among other things, the
				  availability of alternative water supplies, the feasibility of water storage or
				  other mitigating measures, and the socioeconomic impacts of such restriction on
				  the potentially affected water users and on the citizens of the Commonwealth in
				  general.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 220 - SURFACE WATER MANAGEMENT AREA REGULATION › Part II - Permit Requirements, Application and Issuance › Section 9VAC25-220-110 - Draft permit formulation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Upon receipt
				  of a complete application, pursuant to subsection A of
				  9VAC25-220-70,
				  the department shall review the application and make a tentative determination
				  to issue the permit or deny the application. In considering whether to issue or
				  deny a permit under this section, the department shall consider:
1. The number of persons using a stream and
				  the object, extent and necessity of their representative withdrawal
				  uses;
2. The nature and size of the
				  stream;
3. The type of businesses
				  or activities to which the various uses are related;
4. The importance and necessity of the uses
				  claimed by permit applicants, or of the water uses of the area and the extent
				  of any injury or detriment caused or expected to be caused to instream or
				  offstream uses;
5. The effects on
				  beneficial uses; and
6. Any other
				  relevant factors.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 220 - SURFACE WATER MANAGEMENT AREA REGULATION › Part II - Permit Requirements, Application and Issuance › Section 9VAC25-220-120 - Permit issuance

Current through Register Vol. 40, No. 24, July 15, 2024
A. Upon
				  completion of all public involvement and consideration of all comments, the
				  director may grant the permit.
B.
				  Permits issued by priority system.
1. For the
				  purposes of this chapter, the following water-use classification system based
				  on beneficial uses, instream and offstream, shall be used by the department
				  when issuing permits:
a. Class I uses are
				  domestic (including public water supply). Class I uses are all existing uses as
				  of July 1, 1989. Included among existing uses shall be any projected use which
				  has been relied upon in the development of an industrial project and for which
				  a permit has been obtained by January 1, 1989, pursuant to § 404 of the
				  Clean Water Act;
b. Class II uses
				  are new uses, not existing on July 1, 1989. These uses include both instream
				  uses, protection of fish and wildlife habitat, maintenance of waste
				  assimilation and offstream uses, agriculture, electric power generation,
				  commercial and industrial; and
c.
				  Class III uses are new uses not existing on July 1, 1989. They include, but are
				  not limited to, recreation, navigation, and cultural and aesthetic
				  values.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 220 - SURFACE WATER MANAGEMENT AREA REGULATION › Part II - Permit Requirements, Application and Issuance › Section 9VAC25-220-130 - Effect of a permit

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Compliance with a surface water withdrawal permit constitutes compliance with
				  the surface water withdrawal permit requirements of §§ 62.1-242
				  through 62.1-253 of the Code of Virginia.
B. Nothing contained in this chapter shall be
				  construed as an expressed or implied waiver of other permit requirements, state
				  or federal, including the Virginia water protection permit and Water Withdrawal
				  Reporting (9VAC25-200-10 et seq.) of the
				  Regulations of the State Water Control Board.
C. 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.
D. 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 flow, or the potential therefor, result in a declaration as
				  provided for in subsection C of
				  9VAC25-220-40.
Statutory Authority
Chapter 24 (§ 62.1-242 et seq.) of Title 62.1 of
						the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 220 - SURFACE WATER MANAGEMENT AREA REGULATION › Part II - Permit Requirements, Application and Issuance › Section 9VAC25-220-140 - Variances and alternative measures

Current through Register Vol. 40, No. 24, July 15, 2024
A. Variances may
				  be applied for, and alternative measures may be used to:
1. Prevent undue hardship; and
2. Ensure equitable distribution of water
				  resources.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 220 - SURFACE WATER MANAGEMENT AREA REGULATION › Part III - Public Involvement in Permit Process › Section 9VAC25-220-150 - Public notice of permit action and public comment period

Current through Register Vol. 40, No. 24, July 15, 2024
A. Every draft
				  permit shall be given public notice paid for by the owner, by publication once
				  in a newspaper of general circulation in the area affected by the
				  withdrawal.
B. The department 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 a public hearing.
C. The
				  contents of the public notice of an application for a permit, or proposed
				  permit action shall include:
1. Name and
				  address of the applicant. If the location of the activity resulting in the
				  withdrawal of water differs from the address of the applicant the notice shall
				  also state the location of the withdrawal in sufficient detail such that the
				  specific location may be easily identified;
2. Brief description of the business or
				  activity to be conducted at the withdrawal site;
3. The name of the affected
				  waterway;
4. A statement of the
				  tentative determination to issue or deny a permit;
5. A brief description of the final
				  determination procedure;
6. The
				  address and phone number of a specific person at the state office from whom
				  further information may be obtained; and
7. A brief description on how to submit
				  comments and request a public hearing.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 220 - SURFACE WATER MANAGEMENT AREA REGULATION › Part III - Public Involvement in Permit Process › Section 9VAC25-220-160 - Public access to information

Current through Register Vol. 40, No. 24, July 15, 2024
All information pertaining to permit processing or in
					 reference to any source of water withdrawal shall be available to the
					 public.
Statutory Authority
Chapter 24 (§ 62.1-242 et seq.) of Title 62.1 of
						the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 220 - SURFACE WATER MANAGEMENT AREA REGULATION › Part III - Public Involvement in Permit Process › Section 9VAC25-220-170 - Public comments and hearing

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  department shall provide a comment period of at least 30 days following the
				  date of public notice of the formulation of a draft permit during which
				  interested persons may submit written comments and requests for an informal
				  hearing on the proposed permit. All written comments submitted during the
				  comment period shall be retained by the department and considered during its
				  final decision process.
B. The
				  director shall consider all written comments and requests for an informal
				  hearing received during the comment period, and shall make a determination on
				  the necessity of an informal hearing in accordance with
				  9VAC25-220-175.
C. Should the
				  director, in accordance with 9VAC25-220-175, determine to dispense with the
				  informal hearing, the director may grant the permit.
Statutory Authority: § 62.1-249 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 220 - SURFACE WATER MANAGEMENT AREA REGULATION › Part III - Public Involvement in Permit Process › Section 9VAC25-220-175 - Criteria for requesting and granting a public hearing in a permit action

Current through Register Vol. 40, No. 24, July 15, 2024
A. During the
				  public comment period on a permit action in those instances where a public
				  hearing is not mandatory under state or federal law or regulation, interested
				  persons may request a public hearing to contest the action or terms and
				  conditions of the permit.
B.
				  Requests for a public hearing shall contain the following information:
1. The name and postal mailing or email
				  address of the requester;
2. The
				  names and addresses of all persons for whom the requester is acting as a
				  representative;
3. The reason for
				  the request for a public hearing;
4. A brief, informal statement setting forth
				  the factual nature and extent of the interest of the requester or the persons
				  for whom the requester is acting as representative in the application or
				  tentative determination, including an explanation of how and to what extent
				  such interest would be directly and adversely affected by the issuance, denial,
				  modification, or revocation of the permit in question; and
5. Where possible, specific references to the
				  terms and conditions of the permit in question, together with suggested
				  revisions and alterations to those terms and conditions that the requester
				  considers are needed to conform the permit to the intent and provisions of the
				  basic laws of the State Water Control Board.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 220 - SURFACE WATER MANAGEMENT AREA REGULATION › Part III - Public Involvement in Permit Process › Section 9VAC25-220-180 - Public notice of hearing

Current through Register Vol. 40, No. 24, July 15, 2024
A. Public notice
				  of any informal hearing held pursuant to
				  9VAC25-220-170
				  and 9VAC25-220-175 shall be circulated as follows:
1. Notice shall be published once in a
				  newspaper of general circulation in the county or city where the activity is to
				  occur; and
2. Notice of the
				  informal hearing shall be sent to all persons and government agencies which
				  received a copy of the notice of proposed regulation or permit application and
				  to those persons requesting an informal hearing or having commented in response
				  to the public notice.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 220 - SURFACE WATER MANAGEMENT AREA REGULATION › Part III - Public Involvement in Permit Process › Section 9VAC25-220-185 - Controversial permits

Current through Register Vol. 40, No. 24, July 15, 2024
Before rendering a final decision on a controversial
					 permit, the department shall publish a summary of public comments received
					 during the applicable public comment period and public hearing. After such
					 publication, the department shall publish responses to the public comment
					 summary and hold a public hearing to provide an opportunity for individuals who
					 previously commented, either at a public hearing or in writing during the
					 applicable public comment period, to respond to the department's public comment
					 summary and response. No new information will be accepted at that time. In
					 making its decision, the department shall consider (i) the verbal and written
					 comments received during the comment period and the public hearing made part of
					 the record, (ii) any commentary of the broad, and (iii) the agency
					 files.
Statutory Authority: § 62.1-249 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 220 - SURFACE WATER MANAGEMENT AREA REGULATION › Part III - Public Involvement in Permit Process › Section 9VAC25-220-187 - Controversial permits reporting

Current through Register Vol. 40, No. 24, July 15, 2024
At each regular meeting of the board, the department shall
					 provide an overview and update regarding any controversial permits pending
					 before the department that are relevant. Immediately after such presentation by
					 the department, the board shall have an opportunity to respond to the
					 department's presentation and provide commentary regarding such pending
					 permits.
Statutory Authority: § 62.1-249 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 220 - SURFACE WATER MANAGEMENT AREA REGULATION › Part III - Public Involvement in Permit Process › Section 9VAC25-220-190 - Public notice that permit conditions are in force

Current through Register Vol. 40, No. 24, July 15, 2024
A. When permit
				  conditions become applicable in a surface water management area, the department
				  shall notify each permittee by mail, electronic or postal delivery, or cause
				  notice of it to be published in a newspaper of general circulation throughout
				  the area.
B. The department shall
				  notify each permittee by mail, electronic or postal delivery, or cause notice
				  of it to be published in a newspaper of general circulation throughout the
				  surface water management area when the declaration of water shortage is
				  rescinded.
Statutory Authority: § 62.1-249 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 220 - SURFACE WATER MANAGEMENT AREA REGULATION › Part IV - Permit Modification, Revocation and Reissuance, Suspension, Cancellation and Denial › Section 9VAC25-220-200 - Rules for modification, revocation and reissuance, suspension, cancellation and denial

Current through Register Vol. 40, No. 24, July 15, 2024
Permits shall be modified, revoked and reissued, suspended,
					 or cancelled only as authorized by this section as follows:
1. A permit may be modified in whole or in
				  part, revoked and reissued, suspended, or cancelled.
2. Permit modifications shall not be used to
				  extend the term of a permit.
3.
				  Modification, revocation and reissuance, suspension, or cancellation may be
				  initiated by the department, permittee, or other person, under applicable laws
				  or the provisions of this chapter.
4. After public notice and opportunity for a
				  formal hearing pursuant to
				  9VAC25-230-100, a
				  permit can be suspended or cancelled whenever the department finds that the
				  holder of a permit is willfully violating any provision of such permit or any
				  other provision of § 62.1-242 et seq. of the Code of Virginia. Whenever a
				  permit is suspended the conditions to lift the suspension will be included in
				  the department's decision. The determination to suspend, cancel or impose
				  conditions on its future use in order to prevent future violations shall be
				  based on the seriousness of the offense, the permittee's past record, the
				  effect on beneficial uses, the effect on other users in the area and any other
				  relevant factors. The causes for suspension or cancellation are as follows:
a. Willful noncompliance by the permittee
				  with any condition of the permit;
b. The permittee's failure in the application
				  or during the permit issuance process to disclose fully all relevant facts or
				  the permittee's misrepresentation of any relevant facts at any time;
c. The permittee's violation of a special or
				  judicial order; and
d. A
				  determination that the permitted activity endangers human health or the
				  environment and can be regulated to acceptable levels by permit modification or
				  cancellation.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 220 - SURFACE WATER MANAGEMENT AREA REGULATION › Part IV - Permit Modification, Revocation and Reissuance, Suspension, Cancellation and Denial › Section 9VAC25-220-210 - Causes for modification

Current through Register Vol. 40, No. 24, July 15, 2024
A permit may be modified, but not revoked and reissued,
					 except when the permittee agrees or requests, when any of the following
					 developments occur:
1. When additions
				  or alterations have been made to the affected facility or activity which
				  require the application of permit conditions that differ from those of the
				  existing permit or are absent from it;
2. When new information becomes available
				  about the operation or withdrawal covered by the permit which was not available
				  at permit issuance and would have justified the application of different permit
				  conditions at the time of permit issuance;
3. When a change is made in the methodology
				  or regulations on which the permit was based;
4. When it becomes necessary to change final
				  dates in schedules due to circumstances over which the permittee has little or
				  no control such as acts of God, materials shortages, etc. However, in no case
				  may a compliance schedule be modified to extend beyond any applicable statutory
				  deadline of the Act;
5. When the
				  department determines that minimum instream flow levels resulting from the
				  permittee's withdrawal of water is detrimental to the instream beneficial use
				  and that the withdrawal of water should be subject to further net limitations;
				  and
6. When other states were not
				  notified of the change in the permit and their waters may be affected by the
				  withdrawal.
Statutory Authority: § 62.1-249 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 220 - SURFACE WATER MANAGEMENT AREA REGULATION › Part IV - Permit Modification, Revocation and Reissuance, Suspension, Cancellation and Denial › Section 9VAC25-220-220 - Transferability of permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. Transfer by
				  modification. Except as provided for under automatic transfer in subsection B
				  of this section, a permit shall be transferred only if the permit has been
				  modified to reflect the transfer or has been revoked and reissued to the new
				  owner.
B. Automatic transfer. Any
				  permit shall be automatically transferred to a new user if:
1. The current user notifies the department
				  30 days in advance of the proposed transfer of the permit to the facility or
				  property;
2. The notice to the
				  department includes a written agreement between the existing and proposed new
				  user containing a specific date of transfer of permit responsibility, coverage
				  and liability between them; and
3.
				  The department does not within the 30-day time period notify the existing user
				  and the proposed user of its intent to modify or revoke and reissue the
				  permit.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 220 - SURFACE WATER MANAGEMENT AREA REGULATION › Part IV - Permit Modification, Revocation and Reissuance, Suspension, Cancellation and Denial › Section 9VAC25-220-230 - Minor modification

Current through Register Vol. 40, No. 24, July 15, 2024
A. Upon request
				  of the permittee, or upon department initiative with the consent of the
				  permittee, minor modifications may be made in the permit without following the
				  public involvement procedures.
B.
				  For surface water withdrawal permits, minor modification may only:
1. Correct typographical errors;
2. Require reporting by the permittee at a
				  greater frequency than required in the permit; and
3. Allow for a change in ownership or
				  operational control when the department determines that no other change in the
				  permit is necessary, provided that a written agreement containing a specific
				  date for transfer of permit responsibility, coverage and liability from the
				  current to the new permittee has been submitted to the department.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 220 - SURFACE WATER MANAGEMENT AREA REGULATION › Part IV - Permit Modification, Revocation and Reissuance, Suspension, Cancellation and Denial › Section 9VAC25-220-240 - Denial of a permit

Current through Register Vol. 40, No. 24, July 15, 2024
A. The applicant
				  shall be notified by letter of the staff's decision to recommend to the
				  department denial of the permit requested.
B. The staff shall provide sufficient
				  information to the applicant regarding the rationale for denial, such that the
				  applicant may at his option:
(i) modify the
				  application in order to achieve a favorable recommendation;
(ii) withdraw his application; or
(iii) proceed with the processing on the
				  original application.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 220 - SURFACE WATER MANAGEMENT AREA REGULATION › Part V - Issuance of Certificates › Section 9VAC25-220-250 - Duty to apply

Current through Register Vol. 40, No. 24, July 15, 2024
A. No political
				  subdivision, investor-owned water company or existing beneficial consumptive
				  user withdrawing water in a declared surface water management area and exempted
				  under subsection C of
				  9VAC25-220-70 from needing a
				  surface water withdrawal permit shall continue to withdraw water in the surface
				  water management area except as authorized by a surface water withdrawal
				  certificate.
B. If an area has been
				  declared a surface water management area, any person exempted under subsection
				  C of 9VAC25-220-70 shall apply for a
				  certificate within 90 days of the declaration.
Statutory Authority
Chapter 24 (§ 62.1-242 et seq.) of Title 62.1 of the
						Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 220 - SURFACE WATER MANAGEMENT AREA REGULATION › Part V - Issuance of Certificates › Section 9VAC25-220-260 - Duration of certificates

Current through Register Vol. 40, No. 24, July 15, 2024
Surface water withdrawal certificates shall have an
					 effective duration of not more than 10 years.
Statutory Authority
Chapter 24 (§ 62.1-242 et seq.) of Title 62.1 of
						the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 220 - SURFACE WATER MANAGEMENT AREA REGULATION › Part V - Issuance of Certificates › Section 9VAC25-220-270 - Duty to re-apply

Current through Register Vol. 40, No. 24, July 15, 2024
Any person who has an effective surface water withdrawal
					 certificate must apply for a new certification at least 180 days before the
					 expiration date of an effective certificate unless permission for a later date
					 has been granted by the department.
Statutory Authority: § 62.1-249 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 220 - SURFACE WATER MANAGEMENT AREA REGULATION › Part V - Issuance of Certificates › Section 9VAC25-220-280 - Complete application required

Current through Register Vol. 40, No. 24, July 15, 2024
A. A complete
				  Surface Water Withdrawal Certificate application to the Department of
				  Environmental Quality shall, as a minimum, consist of the following:
1. General requirements.
a. The location of the water withdrawal,
				  including the name of the waterbody from which the withdrawal is being
				  made;
b. The average daily
				  withdrawal, the maximum withdrawal, and any variations of the withdrawal by
				  season including amounts and times of the day or year during which withdrawals
				  may occur;
c. The use of the
				  withdrawal, including the importance for the need for this use; and
d. Any alternative water supplies or water
				  storage.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 220 - SURFACE WATER MANAGEMENT AREA REGULATION › Part V - Issuance of Certificates › Section 9VAC25-220-290 - Information requirements

Current through Register Vol. 40, No. 24, July 15, 2024
All applicants for a Surface Water Withdrawal Certificate
					 shall provide all such information consistent with this chapter as the
					 department deems necessary. All applicants for a certificate must submit a
					 complete application in accordance with
					 9VAC25-220-280.
Statutory Authority: § 62.1-249 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 220 - SURFACE WATER MANAGEMENT AREA REGULATION › Part V - Issuance of Certificates › Section 9VAC25-220-300 - Additional requirements

Current through Register Vol. 40, No. 24, July 15, 2024
In addition to the requirements found in this section, the
					 requirements in subsections A and G of
					 9VAC25-220-80,
					 9VAC25-220-90, subdivisions B 1 and
					 4 of 9VAC25-220-110, subsection A of
					 9VAC25-220-120,
					 9VAC25-220-130, Part III and Part
					 IV of this chapter (9VAC25-220-150 et seq. and
					 9VAC25-220-200 et seq.) also apply
					 to certificate holders and certificate applicants as
					 necessary.
Statutory Authority
Chapter 24 (§ 62.1-242 et seq.) of Title 62.1 of the
						Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 220 - SURFACE WATER MANAGEMENT AREA REGULATION › Part VI - Enforcement › Section 9VAC25-220-310 - Enforcement

Current through Register Vol. 40, No. 24, July 15, 2024
The department may enforce the provisions of this chapter
					 utilizing all applicable procedures under the law.
Statutory Authority: § 62.1-249 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 220 - SURFACE WATER MANAGEMENT AREA REGULATION › Part VII - Miscellaneous › Section 9VAC25-220-320

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 62.1-249 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 220 - SURFACE WATER MANAGEMENT AREA REGULATION › Part VII - Miscellaneous › Section 9VAC25-220-330 - Transition

Current through Register Vol. 40, No. 24, July 15, 2024
A. No surface water
				  management area shall be designated by regulation sooner than six months
				  following final adoption of this chapter.
B. If a surface water user holds more than
				  one permit for water withdrawal, in any areas of conflict or disagreement among
				  the permits, the surface water withdrawal permit shall hold priority.
Statutory Authority
Chapter 24 (§ 62.1-242 et seq.) of Title 62.1 of
						the Code of Virginia.