Virginia Administrative Code
Title 9 - ENVIRONMENT
Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Chapter 40 - SMALL RENEWABLE ENERGY PROJECTS (WIND) PERMIT BY RULE
Part II - Permit by Rule Provisions
Section 9VAC15-40-100 - Change of ownership, project modifications, termination
Current through Register Vol. 41, No. 3, September 23, 2024
A. Change of ownership. A permit by rule may be transferred to a new owner or operator if:
B. Project modifications. Provided project modifications are in accordance with the requirements of this permit by rule and do not increase the rated capacity of the small wind energy project, the owner or operator of a project authorized under a permit by rule may modify its design or operation or both by furnishing to the department new certificates prepared by a professional engineer, new documentation required under 9VAC15-40-30, and the appropriate fee in accordance with 9VAC15-40-110. The department shall review the received modification submittal in accordance with the provisions of subsection B of 9VAC15-40-30.
C. Permit by rule termination. The department may terminate the permit by rule whenever the department finds that:
Prior to terminating a permit by rule pursuant to subdivision 1 or 2 of this subsection, the department shall hold an informal fact-finding proceeding pursuant to § 2.2-4019 of the Virginia Administrative Process Act in order to assess whether to continue with termination of the permit by rule or to issue any other appropriate order. If the department determines that it should continue with the termination of the permit by rule, the department shall hold a formal hearing pursuant to § 2.2-4020 of the Virginia Administrative Process Act. Notice of the formal hearing shall be delivered to the owner or operator. Any owner or operator whose permit by rule is terminated by the department shall cease operating his small wind energy project.
Statutory Authority
§ 10.1-1197.6 of the Code of Virginia.