Current through Register Vol. 41, No. 3, September 23, 2024
A. In addition
to the conditions established in
9VAC25-610-100,
9VAC25-610-110,
9VAC25-610-120,
and
9VAC25-610-130,
each permit shall include conditions with the following requirements:
1. A permit shall contain the total depth of
each permitted well in feet;
2. A
permit shall specify the screened intervals of wells authorized for use by the
permit;
3. A permit shall contain
the designation of the aquifers to be utilized;
4. A permit shall contain conditions limiting
the withdrawal amount of a single well or a group of wells that comprise a
withdrawal system to a quantity specified by the department. A permit shall
contain a maximum annual withdrawal and a maximum monthly groundwater
withdrawal limit;
5. A groundwater
withdrawal permit for a public water supply shall contain a condition allowing
daily withdrawals at a level consistent with the requirements and conditions
contained in the waterworks operation permit, or equivalent, issued by the
Virginia Department of Health. This requirement shall not limit the authority
of the department to reduce or eliminate groundwater withdrawals by public
water suppliers if necessary to protect human health or the
environment;
6. The permit shall
state that no pumps or water intake devices are to be placed lower than the top
of the uppermost confined aquifer that a well utilizes as a groundwater source
or lower than the bottom of an unconfined aquifer that a well utilizes as a
groundwater source in order to prevent dewatering of a confined aquifer, loss
of inelastic storage, or damage to the aquifer from compaction.
7. All permits shall specify monitoring
requirements as conditions of the permit.
a.
Permitted users who are issued groundwater withdrawal permits based on
9VAC25-610-110
B 3 and C 2 shall install either in-line totalizing flow meters or hour meters
that record the hours of operation of withdrawal pumps on each permitted well
prior to beginning the permitted use. Flow meters shall produce volume
determinations within plus or minus 10% of actual flows. Hour meters shall
produce run times within plus or minus 10% of actual run times. Hour meter
readings will be multiplied by the maximum capacity of the withdrawal pump to
determine withdrawal amounts. A defective meter or other device must be
repaired or replaced within 30 days. A defective meter is not grounds for not
reporting withdrawals. During any period when a meter is defective, generally
accepted engineering methods shall be used to estimate withdrawals and the
period during which the meter was defective must be clearly identified in
groundwater withdrawal reports. An alternative method for determining flow may
be approved by the department on a case-by-case basis.
b. Permitted users who are issued groundwater
withdrawal permits based on any section of this chapter not included in
subdivision 7 a of this subsection shall install in-line totalizing flow meters
to read gallons, cubic feet, or cubic meters on each permitted well prior to
beginning the permitted use. Such meters shall produce volume determinations
within plus or minus 10% of actual flows. A defective meter or other device
must be repaired or replaced within 30 days. A defective meter is not grounds
for not reporting withdrawals. During any period when a meter is defective,
generally accepted engineering methods shall be used to estimate withdrawals
and the period during which the meter was defective must be clearly identified
in groundwater withdrawal reports. An alternative method for determining flow
may be approved by the department on a case-by-case basis.
c. Permits shall contain requirements
concerning the proper use, maintenance and installation, when appropriate, of
monitoring equipment or methods when required as a condition of the
permit.
d. Permits shall contain
required monitoring including type, intervals, and frequency sufficient to
yield data which are representative of the monitored activity and including,
when appropriate, continuous monitoring and sampling.
e. Each permitted well shall be equipped in a
manner such that water levels can be measured during pumping and nonpumping
periods without dismantling any equipment. Any opening for tape measurement of
water levels shall have an inside diameter of at least 0.5 inches and be sealed
by a removable plug or cap. The permittee shall provide a tap for taking raw
water samples from each permitted well.
8. All permits shall prohibit withdrawals
from wells not authorized in the permit.
9. All permits shall include requirements to
report the amount of water withdrawn from each permitted well and well system
on forms provided by the department with a frequency dependent on the nature
and effect of the withdrawal, but in no case less than once per year.
10. Groundwater withdrawal permits issued
under this chapter shall have an effective and expiration date which will
determine the life of the permit. Groundwater withdrawal permits shall be
effective for a fixed term not to exceed 15 years. Permit duration of less than
the maximum period of time may be recommended in areas where hydrologic
conditions are changing or are not adequately known. The term of any permit
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 issuance of a new
permit.
11. Each permit shall have
a condition allowing the reopening of the permit for the purpose of modifying
the conditions of the permit to meet new regulatory standards duly adopted by
the board.
12. Each well that is
included in a groundwater withdrawal permit shall have affixed to the well
casing, in a prominent place, a permanent well identification plate that
records the Department of Environmental Quality well identification number, the
groundwater withdrawal permit number, the total depth of the well and the
screened intervals in the well, at a minimum. Such well identification plates
shall be in a format specified by the department and are available from the
Department of Environmental Quality.
B. In addition to the conditions established
in
9VAC25-610-100,
9VAC25-610-110,
9VAC25-610-120,
9VAC25-610-130,
and subsection A of this section, each permit may include conditions with the
following requirements where applicable:
1. A
withdrawal limit may be placed on one or more of the wells that constitute a
withdrawal system;
2. A permit may
contain quarterly, monthly, or daily withdrawal limits or withdrawal limits
based on any other frequency as determined by the department;
3. A permit may contain conditions requiring
water quality and water levels monitoring at specified intervals in any wells
deemed appropriate by the department;
4. A permit may contain conditions specifying
water levels and water quality action levels in pumping and
observation/monitoring wells to protect against or mitigate water quality
levels or aquifer degradation. The department may require permitted users to
initiate control measures which include the following:
a. Pumping arrangements to reduce groundwater
withdrawal in areas of concentrated pumping;
b. Location of wells to eliminate or reduce
groundwater withdrawals near saltwater-freshwater interfaces;
c. Requirement of selective withdrawal from
other available aquifers than those presently used or proposed;
d. Selective curtailment, reduction or
cessation of groundwater withdrawals to protect the public welfare, safety, or
health or to protect the resource;
e. Conjunctive use of freshwater and
saltwater aquifers, or waters of less desirable quality where water quality of
a specific character is not essential;
f. Construction and use of observation or
monitoring wells;
g. Well
construction techniques that prohibit the hydraulic connection of aquifers that
contain different quality waters, such as gravel packing, that could result in
deterioration of water quality in an aquifer; and
h. Such other necessary control or abatement
techniques as are practicable to protect and beneficially utilize the
groundwater resource.
5.
A permit may contain conditions limiting water level declines in pumping wells
and observation wells;
6. All
permits may include requirements to report water quality and water level
information on forms provided by the department with a frequency dependent on
the nature and effect of the withdrawal, but in no case less than once per
year; and
7. Permits shall require
implementation of water conservation and management plans developed to comply
with requirements of
9VAC25-610-100.
C. In addition to conditions
described in
9VAC25-610-130
and subsections A and B of this section, the department may issue any
groundwater withdrawal permit with any terms, conditions and limitations
necessary to protect the public welfare, safety, and health or to protect the
resource.
Statutory Authority: § 62.1-256 of the Code of
Virginia.