Current through Register Vol. 41, No. 3, September 23, 2024
In addition to the conditions established in
9VAC25-220-80,
each permit shall include conditions meeting the following requirements where
applicable:
1. Instream flow
conditions.
a. Subject to the provisions of
§ 62.1-242 et seq. of the Code of Virginia and subject to the authority of
the State Corporation Commission over hydroelectric facilities contained in
§ 62.1-80 et seq. of the Code of Virginia instream flow conditions may
include but are not limited to conditions that limit the volume and rate at
which water may be withdrawn at certain times and conditions that require water
conservation and reductions in water use.
b. This flow requirement shall be appropriate
for the protection of beneficial uses.
c. In determining the level of flow in need
of protection of beneficial uses, the department shall consider, among other
things, recreation and aesthetic factors and the potential for substantial and
long-term adverse impact on fish and wildlife found in that particular surface
water management area. Should this determination indicate a need to restrict
water withdrawal, the department shall consider, among other things, the
availability of alternative water supplies, the feasibility of water storage or
other mitigating measures, and the socioeconomic impacts of such restriction on
the potentially affected water users and on the citizens of the Commonwealth in
general.
2. Water
conservation or management plans.
a. Subject
to the provisions of § 62.1-242 et seq. of the Code of Virginia permit
conditions may include voluntary and mandatory conservation measures.
b. Political subdivisions and investor-owned
water companies shall have water conservation plans which shall include, but
not be limited to, the following:
(1) Use of
water saving plumbing fixtures in new and renovated plumbing as provided under
the Uniform Statewide Building Code, Chapter 6 (§ 36-97 et seq.) of Title
36 of the Code of Virginia;
(2) A
water loss reduction program;
(3) A
water use education program; and
(4) Ordinances prohibiting waste of water
generally and providing for mandatory water use restrictions, with penalties
during water shortage emergencies.
c. Beneficial consumptive users shall have
water management plans which shall include, but not be limited to, the
following:
(1) Use of water saving
plumbing;
(2) A water loss
reduction program;
(3) A water use
education program; and
(4)
Mandatory reductions during water shortage emergencies. However, these
reductions shall be on an equitable basis with other uses exempted under
subsection C of
9VAC25-220-70.
3. Compliance
requirements. The permit shall include requirements to comply with all
appropriate provisions of state laws and regulations.
4. Duration of permits. Surface water
withdrawal permits issued under this chapter shall have an effective duration
of not more than 10 years. The term of these permits shall not be extended by
modification beyond the maximum duration. Extension of permits for the same
activity beyond the maximum duration specified in the original permit will
require reapplication and reissuance of a new permit.
5. Monitoring requirements as conditions of
permits.
a. All permits shall specify:
(1) Requirements concerning the proper use,
maintenance and installation, when appropriate, of monitoring equipment or
methods when required as a condition of the permit; and
(2) Required monitoring including type,
intervals, and frequency sufficient to yield data which are representative of
the monitored activity and including, when appropriate, continuous
monitoring.
b. All
permits shall include requirements to report monitoring results with a
frequency dependent on the nature and effect of the water withdrawal, but in no
case less than once per year.
6. Reissued permits. When a permit is renewed
or reissued, limitations or conditions must be in conformance with current
limitations or conditions.
Statutory Authority: § 62.1-249 of the Code of
Virginia.
