Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 610 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part III - Permit Application and Issuance › Section 9VAC25-610-110 - Evaluation criteria for permit applications

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  department shall not issue any permit for more groundwater than will be applied
				  to the proposed beneficial use.
B.
				  The department shall issue groundwater withdrawal permits to persons
				  withdrawing groundwater or who have rights to withdraw groundwater prior to
				  July 1, 1992, in the Eastern Virginia or Eastern Shore Groundwater Management
				  Area and not excluded from requirements of this chapter by
				  9VAC25-610-50 based on
				  the following criteria:
1. The department
				  shall issue a groundwater withdrawal permit for persons meeting the criteria of
				  subdivision 1 of
				  9VAC25-610-90
				  for the total amount of groundwater withdrawn in any consecutive 12-month
				  period between July 1, 1987, and June 30, 1992; however, with respect to a
				  political subdivision, an authority serving a political subdivision or a
				  community waterworks regulated by the Department of Health, the department
				  shall issue a groundwater withdrawal permit for the total amount of water
				  withdrawn in any consecutive 12-month period between July 1, 1980, and June 30,
				  1992.
2. The department shall issue
				  a groundwater withdrawal permit for persons meeting the criteria of subdivision
				  2 of
				  9VAC25-610-90
				  for the total amount of groundwater withdrawn and applied to a beneficial use
				  in any consecutive 12-month period between July 1, 1992, and June 30,
				  1995.
3. The department shall issue
				  a groundwater withdrawal permit for persons meeting the criteria of subdivision
				  4 of
				  9VAC25-610-90
				  for the total amount of groundwater withdrawn in any consecutive 12-month
				  period between July 1, 1983, and June 30, 1993. The department shall evaluate
				  all estimates of groundwater withdrawal based on projected water demands for
				  crops and livestock as published by the Virginia Cooperative Extension Service,
				  the United States Natural Resources Conservation Service, or other similar
				  references and make a determination whether they are reasonable. In all cases
				  only reasonable estimates will be used to document a permit limit.
4. The department shall issue a groundwater
				  withdrawal permit for persons meeting the criteria of subdivision 5 of
				  9VAC25-610-90
				  for the amount of groundwater withdrawal needed to annually meet human
				  consumption needs as proven in the water conservation and management plan
				  approved by the department. The department shall include conditions in such
				  permits that require the implementation of mandatory use restrictions before
				  such withdrawals can be exercised.
5. When requested by persons described in
				  subdivisions 1, 2, and 4 of
				  9VAC25-610-90
				  the department may issue groundwater withdrawal permits that include withdrawal
				  amounts in excess of those which an applicant can support based on historic
				  usage. These additional amounts shall be based on documentation of water
				  savings achieved through water conservation measures. The applicant shall
				  demonstrate withdrawals prior to implementation of water conservation measures,
				  type of water conservation measure implemented, and withdrawals after
				  implementation of water conservation measures. The applicant shall provide
				  evidence of withdrawal amounts through metered withdrawals and estimated
				  amounts shall not be accepted to claim additional withdrawal amounts due to
				  water conservation. Decreases in withdrawal amounts due to production declines,
				  climatic conditions, population declines, or similar events shall not be used
				  as a basis to claim additional withdrawal amounts based on water
				  conservation.