Current through Register Vol. 41, No. 3, September 23, 2024
A. The
following surface water withdrawals are excluded from VWP permit requirements.
Activities other than the surface water withdrawal that are contained in
9VAC25-210-50
and are associated with the construction and operation of the surface water
withdrawal are subject to VWP permit requirements, unless excluded by
9VAC25-210-60. Other
permits under state and federal law may be required.
1. Any surface water withdrawal in existence
on July 1, 1989; however, a permit shall be required if a new § 401
certification is required to increase a withdrawal. To qualify for this
exclusion, the surface water withdrawal shall be deemed to be in existence on
July 1, 1989, if there was an actual withdrawal on or before that date and the
withdrawal has not been abandoned.
a.
Abandonment of a surface water withdrawal. A surface water withdrawal shall be
deemed to be abandoned if the owner of the surface water withdrawal system (i)
notifies the Department of Environmental Quality in writing that the withdrawal
has been abandoned or (ii) removes or disables the surface water withdrawal
system with the intent to permanently cease such withdrawal. Transfer of
ownership or operational control of the surface water withdrawal system, a
change in use of the water, or temporary cessation of the withdrawal shall not
be deemed evidence of abandonment. The notification shall be signed by the
owner of record or shall include evidence satisfactory to DEQ that the
signatory is authorized to submit the notice on behalf of the owner of record.
Evidence may include, but shall not be limited to, a resolution of the
governing body of the owner or corporate minutes.
b. Information to be furnished to DEQ. Each
owner or operator of a permanent surface water withdrawal system engaging in a
withdrawal that is subject to this exclusion shall provide DEQ the estimated
maximum capacity of the intake structure, the location of the existing intake
structure, and any other information that may be required by the department.
Each owner or operator of a temporary surface water withdrawal system engaging
in a withdrawal that is subject to this exclusion, where the purpose of the
withdrawal is for agriculture, shall provide to DEQ the maximum annual surface
water withdrawal over the last 10 years. The information shall be provided
within one year of the date that notice of such request is received from DEQ
and shall be updated when the maximum capacity of the existing intake structure
changes. The information provided to DEQ shall not constitute a limit on the
exempted withdrawal. Such information shall be utilized by DEQ to protect
existing beneficial uses and shall be considered when evaluating applications
for new withdrawal permits.
2. Any surface water withdrawal not in
existence on July 1, 1989, if the person proposing to make the withdrawal
received a § 401 certification before January 1, 1989, that authorized the
installation of any necessary withdrawal structures to make such withdrawal.
However, a permit shall be required before any such withdrawal is increased
beyond the amount authorized by the certification.
3. Any existing lawful unpermitted surface
water withdrawal initiated between July 1, 1989, and July 25, 2007, that has
complied with the Water Withdrawal Reporting regulations (9VAC25-200) and that
is not subject to other exclusions contained in this section. Any increase in
that withdrawal above the limited amount identified in subdivision a of this
subdivision A 3 shall require an application for a permit for the surface water
withdrawal system.
a. The largest
12-consecutive month surface water withdrawal that occurred in the 10 years
prior to July 25, 2007, shall constitute a limit on the withdrawal that is
excluded from permit requirements. For agricultural surface water withdrawals
that did not report annually as required by the Water Withdrawal Reporting
regulations (9VAC25-200) prior to July 25, 2007, the limit excluded from permit
requirements was established for the operations that were in existence during
the 10 years prior to July 25, 2007, by estimating the largest 12-consecutive
month withdrawal based upon the following information associated with that
timeframe: the area irrigated, depth of irrigation, and annual number of
irrigations; pumping capacity and annual pumping time; annual energy
consumption for pumps; number and type of livestock watered annually; and
number and type of livestock where water is used for cooling
purposes.
b. All owners and
operators of surface water withdrawals excluded from permit requirements by
this section shall annually report withdrawals as required by the Water
Withdrawal Reporting regulations (9VAC25-200). Failure to file annual reports
either reporting actual withdrawals or the fact that withdrawals did not occur
may result in the owner or operator being required to cease withdrawals, file
an application, and receive a permit prior to resuming any withdrawal.
Information regarding excluded withdrawal amounts shall be utilized by DEQ to
protect existing beneficial uses and shall be considered when evaluating
applications for new withdrawal permits.
4. Agricultural surface water withdrawals
that total less than:
a. One million gallons
in a single month from nontidal waters.
b. 60 million gallons in a single month from
tidal waters.
5. Surface
water withdrawals from tidal waters for nonconsumptive uses.
6. Surface water withdrawals from nontidal or
tidal waters, regardless of the volume withdrawn, for the following uses:
a. Firefighting or for the training
activities related to firefighting, such as dry hydrants and emergency surface
water withdrawals.
b. Hydrostatic
pressure testing of water tight containers, pipelines, and vessels.
c. Normal single-family home residential
gardening and lawn and landscape maintenance.
7. Surface water withdrawals placed into
portable containers by persons owning property on or holding easements to
riparian lands.
8. Surface water
withdrawals that return withdrawn water to the stream of origin; do not divert
more than half of the instantaneous flow of the stream; have the withdrawal
point and the return point not separated by more than 1,000 feet of stream
channel; and have both banks of the affected stream segment located within one
property boundary.
9. Surface water
withdrawals from quarry pits that do not alter the physical, biological, or
chemical properties of surface waters connected to the quarry pit.
10. Surface water withdrawals from a
privately owned agriculture pond, emergency water storage facility, or other
water retention facility, provided that such pond or facility is not placed in
the bed of a perennial or intermittent stream or wetland. Surface water
withdrawals from such facilities constructed in beds of ephemeral streams are
excluded from permit requirements.
11. Surface water withdrawals for all other
purposes not otherwise excluded by subdivisions 4 through 10 of this subsection
that total less than:
a. 10,000 gallons per
day from nontidal waters.
b. Two
million gallons per day from tidal waters.
B. DEQ may require any owner or operator of a
surface water withdrawal system excluded from permit requirements by
subdivisions A 3 through A 11 of this section to cease withdrawals and file an
application and receive a permit prior to resuming any withdrawal when the
department's assessment indicates that a withdrawal, whether individually or in
combination with other existing or proposed projects:
1. Causes or contributes to, or may
reasonably be expected to cause or contribute to, a significant impairment of
the state waters or fish and wildlife resources;
2. Adversely impacts other existing
beneficial uses; or
3. Will cause
or contribute to a violation of water quality standards.
Statutory Authority: § 62.1-44.15 of the Code of
Virginia; § 401 of the Clean Water Act (33 USC §
1251 et
seq.).