Current through Register Vol. 41, No. 3, September 23, 2024
A. Duty to
apply. Any person who withdraws surface water or proposes to withdraw surface
water in a surface water management area must have a surface water withdrawal
permit, except persons excluded under subsection B of this section or exempted
under subsection C of this section, or withdrawals made pursuant to a voluntary
agreement approved by the department pursuant to
9VAC25-220-60. A
complete application shall be submitted to the department in accordance with
this section.
B. Exclusions. The
following do not require a surface water withdrawal permit but may require
other permits under state and federal law:
1.
Any nonconsumptive use;
2. Any
water withdrawal of less than 300,000 gallons in any single month;
3. Any water withdrawal from a farm pond
collecting diffuse surface water and not situated on a perennial stream as
defined in the United States Geological Survey 7.5-minute series topographic
maps;
4. Any withdrawal in any area
which has not been declared a surface water management area; and
5. Any withdrawal from a wastewater treatment
system permitted by the Department of Environmental Quality or the Department
of Energy.
C.
Exemptions. The following do not require a surface water withdrawal permit but
may require other permits under state and federal law. However, the following
do require a surface water withdrawal certificate containing details of a
department approved water conservation or management plan as found in
subdivision 2 of
9VAC25-220-100
and Part V (9VAC25-220-250 et
seq.) of this chapter. It is not the intent or purpose of this certification
program to affect the withdrawal of water approved by the department.
1. No political subdivision or investor-owned
water company permitted by the Department of Health shall be required to obtain
a surface water withdrawal permit for:
a. Any
withdrawal in existence on July 1, 1989; however, a permit shall be required in
a declared surface water management area before the daily rate of any such
existing withdrawal is increased beyond the maximum daily withdrawal made
before July 1, 1989.
b. Any
withdrawal not in existence on July 1, 1989, if the person proposing to make
the withdrawal has received, by that date, a § 401 certification from the
State Water Control Board pursuant to the requirements of the Clean Water Act
to install any necessary withdrawal structures and make such withdrawal;
however, a permit shall be required in any surface water management area before
any such withdrawal is increased beyond the amount authorized by the said
certification.
c. Any withdrawal in
existence on July 1, 1989, from an instream impoundment of water used for
public water supply purposes; however, during periods when permit conditions in
a water management area are in force pursuant to subsection G of
9VAC25-220-80
and
9VAC25-220-190,
and when the rate of flow of natural surface water into the impoundment is
equal to or less than the average flow of natural surface water at that
location, the department may require release of water from the impoundment at a
rate not exceeding the existing rate of flow of natural surface water into the
impoundment. Withdrawals by a political subdivision or investor-owned water
company permitted by the Department of Health shall be affected by this
subdivision only at the option of that political subdivision or investor-owned
water company.
2. No
existing beneficial consumptive user shall be required to obtain a surface
water withdrawal permit for:
a. Any
withdrawal in existence on July 1, 1989; however, a permit shall be required in
a declared surface water management area before the daily rate of any such
existing withdrawal is increased beyond the maximum daily withdrawal made
before July 1, 1989; and
b. Any
withdrawal not in existence on July 1, 1989, if the person proposing to make
the withdrawal has received, by that date, a § 401 certification from the
State Water Control Board pursuant to the requirements of the Clean Water Act
to install any necessary withdrawal structures and make such withdrawals;
however, a permit shall be required in any surface water management area before
any such withdrawal is increased beyond the amount authorized by the said
certification.
D. Duty to reapply.
1. Any permittee with an effective permit
shall submit a new permit application at least 180 days before the expiration
date of an effective permit unless permission for a later date has been granted
by the department.
2. Owners or
persons who have effective permits shall submit a new application 180 days
prior to any proposed modification to their activity which will:
a. Result in a significantly new or
substantially increased water withdrawal; or
b. Violate or lead to the violation of the
terms and conditions of the permit.
E. Complete application required.
1. Any person proposing to withdraw water
shall submit a complete application and secure a permit prior to the date
planned for commencement of the activity resulting in the withdrawal. There
shall be no water withdrawal prior to the issuance of a permit.
2. Any person reapplying to withdraw water
shall submit a complete application.
3. A complete surface water withdrawal permit
application to the department shall, as a minimum, consist of the following:
a. The location of the water withdrawal,
including the name of the waterbody from which the withdrawal is being
made;
b. The average daily
withdrawal, the maximum proposed withdrawal, and any variations of the
withdrawal by season including amounts and times of the day or year during
which withdrawals may occur;
c. The
use for the withdrawal, including the importance of the need for this
use;
d. Any alternative water
supplies or water storage; and
e.
If it is determined that special studies are needed to develop a proper
instream flow requirement, then additional information may be
necessary.
4. Where an
application is considered incomplete, the department may require the submission
of additional information after an application has been filed and may suspend
processing of any application until such time as the applicant has supplied
missing or deficient information and the department considers the application
complete. Further, where the applicant becomes aware that he omitted one or
more relevant facts from a permit application, or submitted incorrect
information in a permit application or in any report to the department, he
shall immediately submit such facts or the correct information.
5. Any person proposing to withdraw water
shall submit an application for a permit 180 days prior to the date planned for
commencement of the activity resulting in the withdrawal. There shall be no
water withdrawal prior to the issuance of a permit.
6. Any person with an existing unpermitted
water withdrawal operation shall submit an application immediately upon
discovery by the owner or within 30 days upon being requested to by the
department whichever comes first.
F. Informational requirements. All applicants
for a surface water withdrawal permit shall provide all such information
consistent with this chapter as the department deems necessary. All applicants
for a permit must submit a complete permit application in accordance with
subsection A of this section.
Statutory Authority: § 62.1-249 of the Code of
Virginia.
