Current through Register Vol. 41, No. 3, September 23, 2024
A. Duty to
comply. The permittee shall comply with all conditions of the permit. Nothing
in this chapter shall be construed to relieve the surface water withdrawal
permit holder of the duty to comply with all applicable federal and state
statutes, regulations, standards and prohibitions. Any permit noncompliance is
a violation of the law and is grounds for enforcement action, permit
suspension, cancellation, revocation, modification or denial of a permit
renewal application.
B. Duty to
mitigate. The permittee shall take all reasonable steps to (i) avoid all
adverse environmental impact which could result from the activity, (ii) where
avoidance is impractical, minimize the adverse environmental impact, and (iii)
where impacts cannot be avoided, provide mitigation of the adverse impact on an
in-kind basis.
C. Permit action.
1. A permit may be modified, revoked,
suspended, cancelled, reissued, or terminated as set forth in this
chapter.
2. If a permittee files a
request for permit modification, suspension or cancellation, or files a
notification of planned changes, or anticipated noncompliance, the permit terms
and conditions shall remain effective until the request is acted upon by the
department. This provision shall not be used to extend the expiration date of
the effective permit.
3. Permits
may be modified, revoked and reissued or terminated upon the request of the
permittee, or upon department initiative to reflect the requirements of any
changes in the statutes or regulations.
D. Inspection and entry. Upon presentation of
credentials and upon consent of the owner or custodian, any duly authorized
agent of the department may, at reasonable times and under reasonable
circumstances:
1. Enter upon any permittee's
property, public or private, and have access to, inspect and copy any records
that must be kept as part of the permit conditions;
2. Inspect any facilities, operations or
practices including monitoring and control equipment regulated or required
under the permit.
E.
Duty to provide information. The permittee shall furnish to the department,
within a reasonable time, any information which the department may request to
determine whether cause exists for modifying, reissuing, suspending and
cancelling the permit, or to determine compliance with the permit. The
permittee shall also furnish to the department, upon request, copies of records
required to be kept by the permittee. This information shall be furnished to
the department pursuant to § 62.1-244 of the Code of Virginia.
F. Monitoring and records requirements.
1. Monitoring shall be conducted according to
approved methods as specified in the permit or as approved by the
department.
2. Measurements taken
for the purpose of monitoring shall be representative of the monitored
activity.
3. The permittee shall
retain records of all monitoring information, including all calibration and
maintenance records and all original strip chart or electronic recordings for
continuous monitoring instrumentation, copies of all reports required by the
permit, and records of all data used to complete the application for the
permit, for a period of at least three years from the date of the expiration of
a granted permit. This period may be extended by request of the department at
any time.
4. Records of monitoring
information shall include:
a. The date, exact
place and time of measurements;
b.
The name of the individuals who performed the measurements;
c. The date the measurements were
compiled;
d. The name of the
individuals who compiled the measurements;
e. The techniques or methods supporting the
information such as observations, readings, calculations and bench data used;
and
f. The results of such
techniques or methods.
G. Permit conditions become applicable.
1. Permit conditions become applicable in a
surface water management area upon notice by the department to each permittee
by mail, by electronic or postal delivery, or cause notice of that to be
published in a newspaper of general circulation throughout the area.
2. The department shall notify each permittee
by mail or cause notice of that to be published in a newspaper of general
circulation throughout the surface water management area when the declaration
of water shortage is rescinded.
Statutory Authority: § 62.1-249 of the Code of
Virginia.
