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 9VAC25-610-90 - Application for a permit by groundwater users in existing groundwater management areas withdrawing prior to July 1, 1992

Current through Register Vol. 40, No. 24, July 15, 2024
Persons withdrawing groundwater or who have rights to
					 withdraw groundwater prior to July 1, 1992, in the Eastern Virginia or Eastern
					 Shore Groundwater Management Areas and not excluded from requirements of this
					 chapter by
					 9VAC25-610-50 shall
					 apply for a permit.
1. Any person who
				  was issued a certificate of groundwater right or a permit to withdraw
				  groundwater prior to July 1, 1991, and who was withdrawing groundwater pursuant
				  to said permit or certificate on July 1, 1992, shall file an application on or
				  before December 31, 1992, to continue said withdrawal. The applicant shall
				  demonstrate the claimed prior withdrawals through withdrawal reports required
				  by the existing certificate or permit or by reports required by Water
				  Withdrawal Reporting Regulations) (9VAC25-200).
2. Any person who was issued a certificate of
				  groundwater right or a permit to withdraw groundwater prior to July 1, 1991,
				  and who had not initiated the withdrawal prior to July 1, 1992, may initiate a
				  withdrawal on or after July 1, 1992, pursuant to the terms and conditions of
				  the certificate or permit and shall file an application for a groundwater
				  withdrawal permit on or before December 31, 1995, to continue said withdrawal.
				  The applicant shall demonstrate the claimed prior withdrawals through
				  withdrawal reports required by the existing certificate or permit or by reports
				  required by Water Withdrawal Reporting Regulations (9VAC25-200).
3. Any person who was issued a permit to
				  withdraw groundwater on or after July 1, 1991, and prior to July 1, 1992, shall
				  not be required to apply for a groundwater withdrawal permit until the
				  expiration of the permit to withdraw groundwater or 10 years from the date of
				  issuance of the permit to withdraw groundwater whichever occurs first. Such
				  persons shall reapply for a groundwater withdrawal permit as described in
				  9VAC25-610-96.
4. Any person withdrawing groundwater for
				  agricultural or livestock watering purposes on or before July 1, 1992, shall
				  file an application for a groundwater withdrawal permit on or before December
				  31, 1993. The applicant shall demonstrate the claimed prior withdrawals by
				  voluntary withdrawal reports required by Water Withdrawal Reporting
				  Regulations) (9VAC25-200) when such reports have been filed with the board.
				  When such reports are not available, estimates of withdrawal will be accepted
				  that are based on the area irrigated, depth of irrigation, and annual number of
				  irrigations; pumping capacity and annual pumping time; annual energy
				  consumption for pumps, energy consumption per hour, and pumping capacity;
				  number and type of livestock watered annually; number and type of livestock
				  where water is used for cooling purposes; or other methods approved by the
				  department.
5. Any political
				  subdivision, or authority serving a political subdivision, holding a
				  certificate of groundwater right or a permit to withdraw groundwater issued
				  prior to July 1, 1992, for the operation of a public water supply well for the
				  purpose of providing supplemental water during drought conditions, shall file
				  an application on or before December 31, 1992. Any political subdivision, or
				  authority serving a political subdivision, shall submit, as part of the
				  application, a water conservation and management plan as described in
				  9VAC25-610-100
				  B.
6. Any person who is required to
				  apply in subdivision 1, 2, or 5 of this section and who uses the certificated
				  or permitted withdrawal to operate a public water supply system shall provide a
				  copy of the waterworks operation permit, or equivalent, with the required
				  application for a groundwater withdrawal permit.
7. Any person described in subdivision 1, 2,
				  3, or 5 of this section who files a complete application by the date required
				  may continue to withdraw groundwater pursuant to the existing certificate or
				  permit until such time as the department takes action on the outstanding
				  application for a groundwater withdrawal permit.
8. Any person described in subdivision 4 of
				  this section who files a complete application by the date required may continue
				  his existing withdrawal until such time as the department takes action on the
				  outstanding application for a groundwater withdrawal permit.
9. Any person described in subdivision 1, 2,
				  3, 4, or 5 of this section who files an incomplete application by the date
				  required may continue to withdraw groundwater as described in subdivisions 7
				  and 8 of this section provided that all information required to complete the
				  application is provided to the department within 60 days of the department's
				  notice to the applicant of deficiencies. Should such person not provide the
				  department the required information within 60 days, he shall cease withdrawals
				  until he provides any additional information to the department and the
				  department concurs that the application is complete.
10. A complete application for those persons
				  described in subdivision 1, 2, 3, 4, or 5 of this section shall contain:
a. The permit fee as required by the Fees for
				  Permits and Certificates Regulations (9VAC25-20);
b. A groundwater withdrawal permit
				  application completed in its entirety with all maps, attachments, and addenda
				  that may be required. Application forms shall be submitted in a format
				  specified by the department. Such application forms are available from the
				  Department of Environmental Quality;
c. A signature as described in
				  9VAC25-610-150;
d. Well construction documentation for all
				  wells associated with the application submitted on the Water Well Completion
				  Report, Form GW2, which includes the following information:
(1) The depth of the well;
(2) The diameter, top and bottom, and
				  material of each cased interval;
(3) The diameter, top and bottom, for each
				  screened interval; and
(4) The
				  depth of pump intake;
e.
				  Locations of all wells associated with the application shown on United States
				  Geological Survey 7-1/2 minute topographic maps. The applicant shall provide
				  the latitude and longitude coordinates in a datum specified by the department
				  for each existing and proposed well. The detailed location map shall be of
				  sufficient detail such that all wells may be easily located for site
				  inspection;
f. A map identifying
				  the service areas for public water supplies;
g. Information on surface water and
				  groundwater conjunctive use systems as described in
				  9VAC25-610-104
				  if applicable;
h. Persons described
				  in subdivision 5 of this section shall submit a water conservation and
				  management plan as described in
				  9VAC25-610-100;
i. Withdrawal reports required by the
				  existing groundwater certificate or permit, reports required by Water
				  Withdrawal Reporting Regulations (9VAC25-200), or estimates of withdrawals as
				  described in subdivision 4 of this section to support any claimed prior
				  withdrawal; and
j. A copy of the
				  Virginia Department of Health waterworks operation permit, or equivalent, where
				  applicable.