reglab/statecodes huggingface dataset:
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 9VAC25-610-102 - Evaluation of need for withdrawal and alternatives

Current through Register Vol. 40, No. 24, July 15, 2024
A. The applicant
				  shall identify the purpose of the proposed withdrawal by providing a narrative
				  description of the water supply issues that form the basis of the proposed
				  withdrawal.
B. The applicant shall
				  subsequently demonstrate to the satisfaction of the department that the
				  withdrawal meets an established water supply need.
1. In establishing local need for a public
				  water supply, the applicant shall provide the following information:
a. Existing supply sources, yields and
				  demands, including:
(1) Peak day and average
				  daily withdrawal;
(2) Total
				  consumptive use component of the withdrawal, including identification of the
				  amount needed for human consumption;
(3) Types of water uses; and
(4) Existing water conservation measures and
				  drought response plan, including what conditions trigger their
				  implementation.
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 9VAC25-610-104 - Surface water and groundwater conjunctive use systems

Current through Register Vol. 40, No. 24, July 15, 2024
A. Surface water
				  and groundwater conjunctive use systems for public water supplies.
1. Applicants proposing to withdraw
				  groundwater as part of a surface water and groundwater conjunctive use system
				  for public water supplies shall provide the following information to the
				  department in addition to information required by
				  9VAC25-610-90,
				  9VAC25-610-92,
				  or
				  9VAC25-610-94
				  as part of their permit application:
a. A
				  detailed description of the surface water and groundwater conjunctive use
				  system, including:
(1) Identification of all
				  surface water sources, including pond and reservoir volumes where
				  applicable;
(2) Identification of
				  the wells used on a continual basis to supplement surface water supply needs
				  and wells to be utilized in periods of reduced surface water availability. Well
				  construction information for all wells shall be submitted on the Water Well
				  Completion Report, Form GW2, which includes the following information:
(a) The depth of the well;
(b) The diameter, top and bottom, and
				  material of each cased interval;
(c) The diameter, top and bottom, for each
				  screened interval; and
(d) The
				  depth of pump intake.
(3) A description of the storage system,
				  excluding surface water sources described in subdivision 1 a (1) of this
				  subsection;
(4) A copy of the
				  Engineering Description Sheet developed by the Virginia Department of Health
				  for the withdrawal; and
(5) A line
				  drawing of the water supply system illustrating the water balance of the
				  system.
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 9VAC25-610-108 - Estimating area of impact for qualifying groundwater withdrawals

Current through Register Vol. 40, No. 24, July 15, 2024
A. For groundwater
				  withdrawals where available information indicates the area of impact for the
				  withdrawal will be less than 12 square miles, the director may estimate,
				  through the use of modeling techniques, the area of impact of a withdrawal for
				  use by the applicant in developing a mitigation plan.
B. The applicant may choose to use the area
				  of impact estimated by the department or the applicant may conduct a
				  geophysical investigation to gather site-specific information to be used as the
				  basis for identifying the area of impact of the withdrawal.
C. The area of impact, whether estimated or
				  identified through an evaluation of a geophysical investigation, shall be
				  included in the permit's mitigation plan if a plan is required by
				  9VAC25-610-110
				  D 3 g.
D. Mitigation plans for all
				  surface water and groundwater conjunctive use system permits and supplemental
				  drought relief permits shall address the area of impact associated with the
				  maximum groundwater withdrawal allowed by such permits.
Statutory Authority §
												62.1-256 of the
						Code of Virginia.
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 9VAC25-610-120 - Public water supplies

Current through Register Vol. 40, No. 24, July 15, 2024
The department shall evaluate all applications for
					 groundwater withdrawals for public water supplies as described in
					 9VAC25-610-110.
					 The department shall make a preliminary decision on the application and prepare
					 a draft groundwater withdrawal permit and forward the draft permit to the
					 Virginia Department of Health. The department shall not issue a final
					 groundwater withdrawal permit until such time as the Virginia Department of
					 Health issues a waterworks operation permit, or equivalent. The department
					 shall establish withdrawal limits for such permits as described in
					 9VAC25-610-140
					 A 4 and 5. Under the Virginia Department of Health's Waterworks Regulation any
					 proposed use of reclaimed, reused, or recycled water contained in a groundwater
					 withdrawal application to support a public water supply is required to be
					 approved by the Virginia Department of Health.
Statutory Authority: § 62.1-256 of the Code of
						Virginia.
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 9VAC25-610-130 - Conditions applicable to all groundwater 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 groundwater withdrawal permit
				  holder of the duty to comply with all applicable federal and state statutes and
				  prohibitions. At a minimum, a person must obtain a well construction permit or
				  a well site approval letter from the Virginia Department of Health prior to the
				  construction of any well for any withdrawal authorized by the Department of
				  Environmental Quality. Any permit violation is a violation of the law and is
				  grounds for enforcement action, permit termination, revocation, modification,
				  or denial of a permit application.
B. Duty to cease or confine activity. It
				  shall not be a defense for a permittee in an enforcement action that it would
				  have been necessary to halt or reduce the activity for which a permit has been
				  granted in order to maintain compliance with the conditions of the
				  permit.
C. Duty to mitigate. The
				  permittee shall take all reasonable steps to:
1. Avoid all adverse impacts to lawful
				  groundwater users that could result from the withdrawal; and
2. Where impacts cannot be avoided, provide
				  mitigation of the adverse impact as described in
				  9VAC25-610-110 D 3
				  g.
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 9VAC25-610-150 - Signatory requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Application.
				  Any application for a permit under this chapter must bear the applicant's
				  signature or the signature of a person acting in the applicant's behalf with
				  the authority to bind the applicant. Electronic submittals containing the
				  original signature page, such as that contained in a scanned document file, are
				  acceptable.
B. Reports. All reports
				  required by permits and other information requested by the department shall be
				  signed by:
1. The permittee; or
2. A duly authorized representative of that
				  person. A person is a duly authorized representative only if:
a. The authorization is made in writing to
				  the department by a person described in subsection A of this section;
				  and
b. The authorization specifies
				  either an individual or a position having responsibility for the overall
				  operation of the regulated withdrawal system or activity, such as the position
				  of plant manager, superintendent, or position of equivalent responsibility. A
				  duly authorized representative may thus be either a named individual or any
				  individual occupying a named position.
If an authorization is no longer accurate because a
					 different individual or position has responsibility for the overall operation
					 of the facility, a new authorization must be submitted to the department prior
					 to or together with any separate information, or applications to be signed by
					 an authorized representative.
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 9VAC25-610-160 - Draft permit

Current through Register Vol. 40, No. 24, July 15, 2024
A. Upon receipt
				  of a complete application for a new or expanded withdrawal or a complete
				  application to modify an existing withdrawal, the department shall make a
				  tentative decision to issue or deny the permit. If a tentative decision is to
				  issue the permit then a draft permit shall be prepared in advance of public
				  notice. The following tentative determinations shall be incorporated into a
				  draft permit:
1. Conditions, withdrawal
				  limitations, standards and other requirements applicable to the
				  permit;
2. Monitoring and reporting
				  requirements;
3. Requirements for
				  mitigation of adverse impacts; and
4. Requirements for a water conservation and
				  management plan.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 610 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IV - Special Exception Application and Issuance › Section 9VAC25-610-170 - Application for a special exception

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person
				  who wishes to initiate a groundwater withdrawal in any groundwater management
				  area and is not exempted from the provisions of this chapter by
				  9VAC25-610-50 may
				  apply for a special exception in unusual cases where requiring the proposed
				  user to obtain a groundwater withdrawal permit would be contrary to the purpose
				  of the Ground Water Management Act of 1992.
B. A special exception application shall be
				  completed and submitted to the department and a special exception issued by the
				  department prior to the initiation of any withdrawal not specifically excluded
				  in
				  9VAC25-610-50. Special
				  exception application forms shall be in a format specified by the department
				  and are available from the Department of Environmental Quality.
C. Due to the unique nature of applications
				  for special exceptions the department shall determine the completeness of an
				  application on a case-by-case basis. The department may require any information
				  required in
				  9VAC25-610-90,
				  9VAC25-610-92,
				  or
				  9VAC25-610-94,
				  prior to considering an application for a special exception complete.
D. Where the department finds an application
				  incomplete, the department shall require the submission of additional
				  information after an application has been filed, and may suspend processing of
				  any application until such time as the applicant has supplied missing or
				  deficient information and the department finds the application complete. An
				  incomplete permit application for a special exception may be suspended from
				  processing 180 days from the date that the applicant received notification that
				  the application is deficient. Further, where the applicant becomes aware that
				  he omitted one or more relevant facts from a special exception application, or
				  submitted incorrect information in a special exception application or in any
				  report to the department, he shall immediately submit such facts or the correct
				  information.
Statutory Authority: § 62.1-256 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 610 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IV - Special Exception Application and Issuance › Section 9VAC25-610-180 - Water conservation and management plans

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  department may require water conservation and management plans or specific
				  elements of water conservation and management plans as described in
				  9VAC25-610-100
				  B prior to considering an application for special exception complete.
B. In instances where a water conservation
				  and management plan is required, the department may include the implementation
				  of such plans as an enforceable condition of the applicable special
				  exception.
Statutory Authority: § 62.1-256 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 610 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IV - Special Exception Application and Issuance › Section 9VAC25-610-190 - Criteria for the issuance of special exceptions

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  department shall issue special exceptions only in unusual situations where the
				  applicant demonstrates to the department's satisfaction that requiring the
				  applicant to obtain a groundwater withdrawal permit would be contrary to the
				  intended purposes of the Ground Water Management Act of 1992.
B. The department may require compliance with
				  any criteria described in
				  9VAC25-610-110.
Statutory Authority: § 62.1-256 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 610 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IV - Special Exception Application and Issuance › Section 9VAC25-610-200 - Public water supplies

Current through Register Vol. 40, No. 24, July 15, 2024
The department shall not issue special exceptions for the
					 normal operations of public water supplies.
Statutory Authority: § 62.1-256 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 610 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IV - Special Exception Application and Issuance › Section 9VAC25-610-210 - Conditions applicable to all special exceptions

Current through Register Vol. 40, No. 24, July 15, 2024
The holder of any special exception shall be responsible
					 for compliance with all conditions contained in the special exception and shall
					 be subject to the same requirements of permittees as described in
					 9VAC25-610-130.
Statutory Authority
§§ 62.1-44.15(10) and 62.1-256 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 610 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IV - Special Exception Application and Issuance › Section 9VAC25-610-220 - Establishing applicable standards, limitations or other special exception conditions

Current through Register Vol. 40, No. 24, July 15, 2024
The department may issue special exceptions which include
					 any requirement for permits as described in
					 9VAC25-610-140.
					 Special exceptions shall not be renewed, except in the case of special
					 exceptions that have been issued to allow groundwater withdrawals associated
					 with state-approved groundwater remediation activities. In the case of
					 reissuance of a special exception for a state-approved groundwater remediation
					 activity, the department may require the holder of the special exception to
					 submit any information required in
					 9VAC25-610-90,
					 9VAC25-610-92,
					 and
					 9VAC25-610-94,
					 and may require compliance with any criteria described in
					 9VAC25-610-110.
					 In the case where any other activity that is being supported by the specially
					 excepted withdrawal will require that the withdrawal extend beyond the term of
					 the existing special exception, the groundwater user shall apply for a permit
					 to withdraw groundwater.
Statutory Authority: § 62.1-256 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 610 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IV - Special Exception Application and Issuance › Section 9VAC25-610-230 - Signatory requirements

Current through Register Vol. 40, No. 24, July 15, 2024
The signatory requirements for any application, report or
					 certification shall be the same as those described in
					 9VAC25-610-150.
Statutory Authority
§§ 62.1-44.15(10) and 62.1-256 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 610 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IV - Special Exception Application and Issuance › Section 9VAC25-610-240 - Draft special exception

Current through Register Vol. 40, No. 24, July 15, 2024
A. Upon receipt
				  of a complete application, the department shall make a tentative decision to
				  issue or deny the special exception. If a tentative decision is to issue the
				  special exception then a draft special exception shall be prepared in advance
				  of public notice. The following tentative determinations shall be incorporated
				  into a draft special exception:
1.
				  Conditions, withdrawal limitations, standards and other requirements applicable
				  to the special exception;
2.
				  Monitoring and reporting requirements; and
3. Requirements for mitigation of adverse
				  impacts.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 610 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part V - Public Involvement › Section 9VAC25-610-250 - Public notice of permit or special exception action and public comment period

Current through Register Vol. 40, No. 24, July 15, 2024
A. Every draft
				  permit described in
				  9VAC25-610-160 A and
				  draft special exception shall be given public notice, paid for by the
				  applicant, by publication once in a newspaper of general circulation in the
				  area affected by the withdrawal.
B.
				  Notice of each draft permit described in
				  9VAC25-610-160 A and
				  draft special exception will be mailed by the department to each local
				  governing body within the groundwater management area within which the proposed
				  withdrawal will occur on or before the date of public notice.
C. 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.
D. The contents of the
				  public notice of a draft permit or draft special exception action shall
				  include:
1. Name and address of the
				  applicant. If the location of the proposed withdrawal differs from the address
				  of the applicant the notice shall also state the location in sufficient detail
				  such that the specific location may be easily identified;
2. Brief description of the beneficial use
				  that the groundwater withdrawal will support;
3. The name and depth below ground surface of
				  the aquifer that will support the proposed withdrawal;
4. The amount of groundwater withdrawal
				  requested expressed as an average gallonage per day;
5. A statement of the tentative determination
				  to issue or deny a permit or special exception;
6. A brief description of the final
				  determination procedure;
7. The
				  address, email address, and phone number of a specific person or persons at the
				  department's office from whom further information may be obtained;
				  and
8. A brief description on how
				  to submit comments and request a public hearing.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 610 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part V - Public Involvement › Section 9VAC25-610-260 - Public access to information

Current through Register Vol. 40, No. 24, July 15, 2024
All information pertaining to groundwater permit processing
					 or in reference to any activity requiring a groundwater permit under this
					 chapter shall be available to the public unless the applicant has made a
					 showing that the information is protected by the applicant as a trade secret
					 covered by § 62.1-44.21 of the Code of Virginia. All information claimed
					 confidential must be identified as such at the time of submission to the
					 department.
Statutory Authority: § 62.1-256 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 610 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part V - Public Involvement › Section 9VAC25-610-270 - Public comments and public hearing

Current through Register Vol. 40, No. 24, July 15, 2024
A. The director
				  shall consider all written comments and requests for a public hearing received
				  during the comment period, and shall make a determination on the necessity of a
				  public hearing in accordance with 9VAC25-610-275. All proceedings, public
				  hearings, and decisions from it will be in accordance with
				  9VAC25-610-275.
B. Any applicant or
				  permittee aggrieved by an action of the department or director taken without a
				  formal hearing or inaction of the department or director may request in writing
				  a formal hearing pursuant to § 62.1-44.25 of the Code of
				  Virginia.
Statutory Authority: § 62.1-256 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 610 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part V - Public Involvement › Section 9VAC25-610-275 - Criteria for requesting and granting a public hearing on an individual permit or a special exception 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 a 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 of 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 610 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part V - Public Involvement › Section 9VAC25-610-280 - Public notice of hearing

Current through Register Vol. 40, No. 24, July 15, 2024
A. Public notice
				  of any public hearing held pursuant to
				  9VAC25-610-270
				  and 9VAC25-610-275 shall be circulated as follows:
1. Notice shall be published once in a
				  newspaper of general circulation in the area affected by the proposed
				  withdrawal at least 30 days in advance of the public hearing; and
2. Notice of the public hearing shall be sent
				  to all persons and government agencies which received a copy of the public
				  notice of the draft permit or special exception and to those persons requesting
				  a public hearing or having commented in response to the public in accordance
				  with 9VAC25-610-275.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 610 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part V - Public Involvement › Section 9VAC25-610-285 - 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 board, and (iii) the agency
					 files.
Statutory Authority: § 62.1-256 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 610 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part V - Public Involvement › Section 9VAC25-610-287 - 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: § 62.1-256 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 610 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VI - Permit and Special Exception Amendment, Revocation and Denial › Section 9VAC25-610-290 - Rules for modification and revocation

Current through Register Vol. 40, No. 24, July 15, 2024
Permits and special exceptions shall be modified or revoked
					 only as authorized by this part of this chapter as follows:
1. A permit or special exception may be
				  modified in whole or in part, or revoked;
2. Permit or special exception modifications
				  shall not be used to extend the term of a permit or special exception;
				  and
3. Modification or revocation
				  may be initiated by the department, at the request of the permittee, or other
				  person at the department's discretion under applicable laws or the provisions
				  of this chapter.
Statutory Authority: § 62.1-256 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 610 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VI - Permit and Special Exception Amendment, Revocation and Denial › Section 9VAC25-610-300 - Causes for revocation

Current through Register Vol. 40, No. 24, July 15, 2024
A. After public
				  notice and opportunity for a formal hearing pursuant to
				  9VAC25-230-100 a
				  permit or special exception can be revoked for cause. Causes for revocation are
				  as follows:
1. Noncompliance with any
				  condition of the permit or special exception;
2. Failure to fully disclose all relevant
				  facts or misrepresentation of a material fact in applying for a permit or
				  special exception, or in any other report or document required by the Act, this
				  chapter or permit or special exception conditions;
3. The violation of any regulation of the
				  board or order of the department, or any order of a court, pertaining to
				  groundwater withdrawal;
4. A
				  determination that the withdrawal authorized by the permit or special exception
				  endangers human health or the environment and cannot be regulated to acceptable
				  levels by permit or special exception modification;
5. A material change in the basis on which
				  the permit or special exception was issued that requires either a temporary or
				  permanent reduction, application of special conditions or elimination of any
				  groundwater withdrawal controlled by the permit or special exception.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 610 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VI - Permit and Special Exception Amendment, Revocation and Denial › Section 9VAC25-610-310 - Causes for modification

Current through Register Vol. 40, No. 24, July 15, 2024
A. A permit or
				  special exception may, at the department's discretion, be modified for any
				  cause as described in
				  9VAC25-610-300.
B. A permit or special exception may be
				  modified when any of the following developments occur:
1. When new information becomes available
				  about the groundwater withdrawal covered by the permit or special exception, or
				  the impact of the withdrawal, which was not available at permit or special
				  exception issuance and would have justified the application of different
				  conditions at the time of issuance;
2. When groundwater withdrawal reports
				  submitted by the permittee indicate that the permittee is using less than 60%
				  of the permitted withdrawal amount for a five-year period;
3. When a change is made in the regulations
				  on which the permit or special exception was based; or
4. When changes occur which are subject to
				  "reopener clauses" in the permit or special exception.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 610 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VI - Permit and Special Exception Amendment, Revocation and Denial › Section 9VAC25-610-320 - Transferability of permits and special exceptions

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 or special exception shall be transferred only if the
				  permit has been modified to reflect the transfer.
B. Automatic transfer. Any permit or special
				  exception shall be automatically transferred to a new owner as allowed by the
				  minor modification process described in
				  9VAC25-610-330 B
				  8 if:
1. The current owner notifies the
				  department within 30 days in advance of the proposed transfer of
				  ownership;
2. The notice to the
				  department includes a notarized written agreement between the existing
				  permittee and proposed new permittee containing a specific date of transfer of
				  permit or special exception responsibility, coverage and liability to the new
				  permittee, or that the existing permittee will retain such responsibility,
				  coverage, or liability, including liability for compliance with the
				  requirements of any enforcement activities related to the permitted
				  activity;
3. The department does
				  not within the 30-day time period notify the existing permittee and the
				  proposed permittee of its intent to modify, revoke, or reissue the permit or
				  special exception; and
4. The
				  permit transferor and the permit transferee provide written notice to the
				  department of the actual transfer date.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 610 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VI - Permit and Special Exception Amendment, Revocation and Denial › Section 9VAC25-610-330 - Minor modification

Current through Register Vol. 40, No. 24, July 15, 2024
A. Upon request
				  of the holder of a permit or special exception, or upon department initiative
				  with the consent of the holder of a permit or special exception, minor
				  modifications may be made in the permit or special exception without following
				  the public involvement procedures.
B. For groundwater withdrawal permits and
				  special exceptions, minor modifications may only:
1. Correct typographical errors;
2. Require reporting at a greater frequency
				  than required in the permit or special exception;
3. Add additional or more restrictive
				  monitoring requirements than required in the permit or special
				  exception;
4. Replace an existing
				  well provided that the replacement well is screened in the same aquifer or
				  aquifers as the existing well, the replacement well is in the near vicinity of
				  the existing well, the groundwater withdrawal does not increase, and the area
				  of impact does not increase;
5. Add
				  additional wells so long as the additional wells are screened in the same
				  aquifer or aquifers as the existing well, additional wells are in the near
				  vicinity of the existing well, the total groundwater withdrawal does not
				  increase, and the area of impact does not increase;
6. Combine the withdrawals governed by
				  multiple permits into one permit when the systems that were governed by the
				  multiple permits are physically connected, as long as the interconnection will
				  not result in additional groundwater withdrawal and the area of impact will not
				  increase;
7. Change an interim
				  compliance date in a schedule of compliance to no more than 120 days from the
				  original compliance date and provided it will not interfere with the final
				  compliance date;
8. Allow for a
				  change in ownership or operational control when the department determines that
				  no other change in the permit or special exception is necessary, provided that
				  a written agreement containing a specific date for transfer of permit or
				  special exception responsibility, coverage and liability from the current to
				  the new owner has been submitted to the department; and
9. Revise a water conservation and management
				  plan to update conservation measures being implemented by the permittee that
				  increase the amount of groundwater conserved.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 610 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VI - Permit and Special Exception Amendment, Revocation and Denial › Section 9VAC25-610-340 - Denial of a permit or special exception

Current through Register Vol. 40, No. 24, July 15, 2024
A. The applicant shall be notified by letter
				  of the department's decision to recommend to the board denial of the permit or
				  special exception requested.
B. The
				  department shall provide sufficient information to the applicant regarding the
				  rationale for denial, such that the applicant may, at his option, modify the
				  application in order to achieve a favorable recommendation; withdraw his
				  application; or proceed with the processing on the original
				  application.
C. Should the
				  applicant withdraw his application, no permit or special exception will be
				  issued.
D. Should the applicant
				  elect to proceed with the original project, the staff shall make its
				  recommendation of denial to the director for determination of the need for
				  public notice as provided for in Part V of this chapter.
Statutory Authority
§§ 62.1-44.15(10) and 62.1-256 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 610 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VII - Enforcement › Section 9VAC25-610-350 - 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 Ground Water Management Act of
					 1992 or any other section of the Code of Virginia that may be
					 applicable.
Statutory Authority: § 62.1-256 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 610 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VIII - Miscellaneous › Section 9VAC25-610-360

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 62.1-256 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 610 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VIII - Miscellaneous › Section 9VAC25-610-370 - Control of naturally flowing wells

Current through Register Vol. 40, No. 24, July 15, 2024
The owner of any well that naturally flows, in any portion
					 of the Commonwealth, shall either:
1.
				  Permanently abandon the well in accordance with the Virginia Department of
				  Health's Private Well Construction Regulations; or
2. Equip the well with valves that will
				  completely stop the flow of ground water when it is not being applied to a
				  beneficial use.
Statutory Authority
§§ 62.1-44.15(10) and 62.1-256 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 610 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VIII - Miscellaneous › Section 9VAC25-610-380 - Statewide information requirements

Current through Register Vol. 40, No. 24, July 15, 2024
The department may require any person withdrawing
					 groundwater for any purpose anywhere in the Commonwealth, whether or not
					 declared to be a groundwater management area, to furnish to the department such
					 information that may be necessary to carry out the provisions of the Ground
					 Water Management Act of 1992. Groundwater withdrawals that occur in conjunction
					 with activities related to the exploration and production of oil, gas, coal, or
					 other minerals regulated by the Department of Energy are exempt from any
					 information reporting requirements.
Statutory Authority: § 62.1-256 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 610 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VIII - Miscellaneous › Section 9VAC25-610-390 - Statewide right to inspection and entry

Current through Register Vol. 40, No. 24, July 15, 2024
Upon presentation of credentials the department, or any
					 duly authorized agent, shall have the power to enter, at reasonable times and
					 under reasonable circumstances, any establishment or upon any property, public
					 or private, located anywhere in the Commonwealth for the purposes of obtaining
					 information, conducting surveys or inspections, or inspecting wells and springs
					 to ensure compliance with any regulations adopted by the board or permits,
					 standards, policies, rules, rulings, and special orders which the department
					 may adopt, issue or establish to carry out the provisions of the Ground Water
					 Management Act of 1992 and this chapter.
Statutory Authority: § 62.1-256 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 610 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VIII - Miscellaneous › Section 9VAC25-610-400 - Evaluation of regulation

Current through Register Vol. 40, No. 24, July 15, 2024
Within three years after January 1, 1999, the department
					 shall perform an analysis of this chapter and provide the board with a report
					 on the results. The analysis shall include (i) the purpose and need for the
					 chapter, (ii) alternatives which would achieve the stated purpose of this
					 chapter in a less burdensome and less intrusive manner, (iii) an assessment of
					 the effectiveness of this chapter, (iv) the results of a review of current
					 state and federal statutory and regulatory requirements, and (v) the results of
					 a review as to whether this chapter is clearly written and easily
					 understandable by affected entities.
Upon review of the department's analysis, the board shall
					 confirm the need to (i) continue this chapter without amendment, (ii) repeal
					 this chapter, or (iii) amend this chapter. If the board's decision is to repeal
					 or amend this chapter, the board shall authorize the department to initiate the
					 applicable regulatory process to carry out the decision of the
					 board.
Statutory Authority
§ 62.1-256 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 610 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VIII - Miscellaneous › Form - FORMS (9VAC25-610)

Current through Register Vol. 40, No. 24, July 15, 2024
Groundwater
					 Withdrawal Application Submission Checklist (eff. 2/2023)
Department
					 of Environmental Quality Water Division Permit Application Fee Form, Form 5
					 (rev. 10/2018)
Application
					 for a Groundwater Withdrawal Permit (rev. 11/2022)
Groundwater
					 Withdrawal Permit - Change of Ownership Agreement Form (rev.
					 7/2022)
Uncontested
					 Termination Agreement (rev. 11/2013)
Uniform
					 Water Well Completion Report, Form GW-2 (rev. 8/2016)
Uniform
					 Water Well Completion Report Well Abandonment Form, GW-5 (rev.
					 8/2016)
Public
					 Notice Authorization Form - Authorization for Public Notice Billing to
					 Groundwater Withdrawal Permit Applicant (rev. 10/2019)
Preapplication
					 Meeting - Application for a Groundwater Withdrawal Permit (rev.
					 6/2021)
Local
					 Government Ordinance Form (rev. 9/2019)
Quarterly
					 Groundwater Withdrawal Report (rev. 12/2019)
Mitigation
					 Plan (rev. 10/2019)
Statutory Authority: § 62.1-256 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 620 - ORDER DECLARING THE EASTERN SHORE OF VIRGINIA - ACCOMACK AND NORTHAMPTON COUNTIES - AS A CRITICAL GROUND WATER AREA › Section 9VAC25-620-10

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 62.1-256 of the Code of
					 Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 630 - VIRGINIA POLLUTION ABATEMENT REGULATION AND GENERAL PERMIT FOR POULTRY WASTE MANAGEMENT › Section 9VAC25-630-20 - Purpose; effective date of permit

Current through Register Vol. 40, No. 24, July 15, 2024
A. This regulation
				governs the management of poultry waste at confined poultry feeding operations
				not covered by a Virginia Pollutant Discharge Elimination System (VPDES) permit
				and poultry waste utilized or stored by poultry waste end-users or poultry
				waste brokers. It establishes requirements for proper nutrient management,
				waste storage, and waste tracking and accounting of poultry waste.
B. This general permit will become effective
				on February 17, 2021. This general permit will expire 10 years from the
				effective date.
Statutory Authority: §§ 62.1-44.15 and
					 62.1-44.17:1.1 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 630 - VIRGINIA POLLUTION ABATEMENT REGULATION AND GENERAL PERMIT FOR POULTRY WASTE MANAGEMENT › Section 9VAC25-630-25 - Duty to comply

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person
				who manages or proposes to manage pollutants regulated by 9VAC25-630 shall
				comply with the applicable requirements of this chapter.
B. In order to manage pollutants from a
				confined poultry feeding operation, the poultry grower shall be required to
				obtain coverage under the Virginia Pollution Abatement (VPA) general permit or
				an individual VPA permit provided that the poultry grower has not been required
				to obtain a Virginia Pollutant Discharge Elimination System (VPDES) permit. The
				poultry grower shall comply with the requirements of this chapter and the
				permit.
C. Any poultry waste
				end-user or poultry waste broker shall comply with the technical requirements
				outlined in
				9VAC25-630-60,
				9VAC25-630-70, and
				9VAC25-630-80. Any poultry waste
				end-user or poultry waste broker who does not comply with the technical
				requirements outlined in
				9VAC25-630-60,
				9VAC25-630-70, and
				9VAC25-630-80 may be required to
				obtain coverage under the general permit.
D. Any poultry waste end-user or poultry
				waste broker who is required by the board to obtain coverage under the Virginia
				Pollution Abatement general permit shall obtain coverage and comply with the
				requirements of this chapter.
E.
				Any commercial poultry processor shall comply with the requirements outlined in
				9VAC25-630-90.
Statutory Authority: §§
											62.1-44.15
					 and
					 62.1-44.17:1.1
					 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 630 - VIRGINIA POLLUTION ABATEMENT REGULATION AND GENERAL PERMIT FOR POULTRY WASTE MANAGEMENT › Section 9VAC25-630-60 - Tracking and accounting requirements for poultry waste brokers

Current through Register Vol. 40, No. 24, July 15, 2024
A. Poultry waste
				brokers shall register with the department by providing their name and address
				on a form provided by the department prior to transferring poultry
				waste.
B. When a poultry waste
				broker transfers to another person more than 10 tons of poultry waste in any
				365-day period, the poultry waste broker shall provide information regarding
				the transfer of poultry waste to both the source and recipient of the waste.
1. The broker name and address shall be
				provided to the source of the transferred poultry waste:
2. The following items shall be provided to
				the recipient of the transferred poultry waste:
a. The broker name and address;
b. The most recent nutrient analysis of the
				poultry waste; and
c. A fact
				sheet.