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 groundwater withdrawal permit
holder of the duty to comply with all applicable federal and state statutes and
prohibitions. At a minimum, a person must obtain a well construction permit or
a well site approval letter from the Virginia Department of Health prior to the
construction of any well for any withdrawal authorized by the Department of
Environmental Quality. Any permit violation is a violation of the law and is
grounds for enforcement action, permit termination, revocation, modification,
or denial of a permit application.
B. Duty to cease or confine activity. It
shall not be a defense for a permittee in an enforcement action that it would
have been necessary to halt or reduce the activity for which a permit has been
granted in order to maintain compliance with the conditions of the
permit.
C. Duty to mitigate. The
permittee shall take all reasonable steps to:
1. Avoid all adverse impacts to lawful
groundwater users that could result from the withdrawal; and
2. Where impacts cannot be avoided, provide
mitigation of the adverse impact as described in
9VAC25-610-110 D 3
g.
D. Inspection and
entry. Upon presentation of credentials, the permittee shall allow the
department or any duly authorized agent of the department, at reasonable times
and under reasonable circumstances, to conduct actions listed in this section.
For the purpose of this section, the time for inspection shall be deemed
reasonable during regular business hours. Nothing contained herein shall make
an inspection time unreasonable during an emergency.
1. Entry 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; and
3. Sample or
monitor any substance, parameter, or activity for the purpose of ensuring
compliance with the conditions of the permit or as otherwise authorized by
law.
E. Duty to provide
information. The permittee shall furnish to the department, within a reasonable
time, any information that the department may request to determine whether
cause exists for modifying or revoking, reissuing, or terminating 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.
F. Monitoring and
records requirements.
1. Monitoring of
parameters, other than pollutants, shall be conducted according to approved
analytical methods as specified in the permit. Analysis of pollutants will be
conducted according to 40 CFR Part 136 as published in the 40 CFR July 1, 2023,
update.
2. Samples and 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 as appropriate:
a.
The date, exact place and time of sampling or measurements;
b. The name of the individuals who performed
the sampling or measurements;
c.
The date the analyses were performed;
d. The name of the individuals who performed
the analyses;
e. The analytical
techniques or methods supporting the information such as observations,
readings, calculations, and bench data used;
f. The results of such analyses;
and
g. Chain of custody
documentation.
G. Permit action.
1. A permit may be modified or revoked as set
forth in Part VI (9VAC25-610-290 et seq.) of this
chapter.
2. If a permittee files a
request for permit modification or revocation, or files a notification of
planned changes, or anticipated noncompliance, the permit terms and conditions
shall remain effective until the department makes a final case decision. This
provision shall not be used to extend the expiration date of the effective
permit.
3. Permits may be modified
or revoked upon the request of the permittee, or upon department initiative, to
reflect the requirements of any changes in the statutes or
regulations.
Statutory Authority: §
62.1-256 of the Code of
Virginia.
