Virginia Administrative Code
Title 9 - ENVIRONMENT
Agency 25 - STATE WATER CONTROL BOARD
Chapter 220 - SURFACE WATER MANAGEMENT AREA REGULATION
Part II - Permit Requirements, Application and Issuance
Section 9VAC25-220-120 - Permit issuance
Universal Citation: 9 VA Admin Code 25-220-120
Current through Register Vol. 41, No. 3, September 23, 2024
A. Upon completion of all public involvement and consideration of all comments, the director may grant the permit.
B. Permits issued by priority system.
1. For the
purposes of this chapter, the following water-use classification system based
on beneficial uses, instream and offstream, shall be used by the department
when issuing permits:
a. Class I uses are
domestic (including public water supply). Class I uses are all existing uses as
of July 1, 1989. Included among existing uses shall be any projected use which
has been relied upon in the development of an industrial project and for which
a permit has been obtained by January 1, 1989, pursuant to § 404 of the
Clean Water Act;
b. Class II uses
are new uses, not existing on July 1, 1989. These uses include both instream
uses, protection of fish and wildlife habitat, maintenance of waste
assimilation and offstream uses, agriculture, electric power generation,
commercial and industrial; and
c.
Class III uses are new uses not existing on July 1, 1989. They include, but are
not limited to, recreation, navigation, and cultural and aesthetic
values.
2. Class I uses
shall be given the highest priority in the issuance of permits for other
beneficial uses. Class II and Class III uses are of decreasing priority
respectively.
3. The department may
impose restrictions on one or more classes of beneficial uses as may be
necessary to protect the surface water resources of the area from serious
harm.
4. In its permit decision,
the department shall attempt to balance offstream and instream uses so that the
welfare of the citizens of the Commonwealth is maximized without imposing
unreasonable burdens on any individual water user or water-user group. The
decision to implement this balance may consist of approval of withdrawal
without restriction, approval subject to conditions designed to protect
instream uses from unacceptable adverse effects, or disapproval of the
withdrawal.
Statutory Authority: § 62.1-249 of the Code of Virginia.
Disclaimer: These regulations may not be the most recent version. Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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