State Codes and Statutes

Statutes > Virginia > Title-62-1 > Chapter-25 > 62-1-266

§ 62.1-266. Ground water withdrawal permits.

A. The Board may issue any ground water withdrawal permit upon terms,conditions and limitations necessary for the protection of the publicwelfare, safety and health.

B. Applications for ground water withdrawal permits shall be in a formprescribed by the Board and shall contain such information, consistent withthis chapter, as the Board deems necessary.

C. All ground water withdrawal permits issued by the Board under this chaptershall have a fixed term not to exceed ten years. The term of a ground waterwithdrawal permit issued by the Board shall not be extended by modificationbeyond the maximum duration, and the permit shall expire at the end of theterm unless a complete application for a new permit has been filed in atimely manner as required by the regulations of the Board, and the Board isunable, through no fault of the permittee, to issue a new permit before theexpiration date of the previous permit. Any permit to withdraw ground waterissued by the Board on or after July 1, 1991, and prior to July 1, 1992,shall expire ten years after the date of its issuance.

D. Renewed ground water withdrawal permits shall be for a withdrawal amountthat includes such savings as can be demonstrated to have been achievedthrough water conservation, provided that a beneficial use of the permittedground water can be demonstrated for the following permit term.

E. Any permit issued by the Board under this chapter may, after notice andopportunity for a hearing, be amended or revoked on any of the followinggrounds or for good cause as may be provided by the regulations of the Board:

1. The permittee has violated any regulation or order of the Board pertainingto ground water, any condition of a ground water withdrawal permit, anyprovision of this chapter, or any order of a court, where such violationpresents a hazard or potential hazard to human health or the environment oris representative of a pattern of serious or repeated violations which, inthe opinion of the Board, demonstrates the permittee's disregard for orinability to comply with applicable laws, regulations, or requirements;

2. The permittee has failed to disclose fully all relevant material facts orhas misrepresented a material fact in applying for a permit, or in any otherreport or document required under this chapter or under the ground waterwithdrawal regulations of the Board;

3. The activity for which the permit was issued endangers human health or theenvironment and can be regulated to acceptable levels by amendment orrevocation of the permit; or

4. There exists a material change in the basis on which the permit was issuedthat requires either a temporary or a permanent reduction or elimination ofthe withdrawal controlled by the permit necessary to protect human health orthe environment.

F. No application for a ground water withdrawal permit shall be consideredcomplete unless the applicant has provided the Executive Director of theBoard with notification from the governing body of the county, city or townin which the withdrawal is to occur that the location and operation of thewithdrawing facility is in compliance with all ordinances adopted pursuant toChapter 22 (§ 15.2-2200 et seq.) of Title 15.2. The provisions of thissubsection shall not apply to any applicant exempt from compliance underChapter 22 (§ 15.2-2200 et seq.) of Title 15.2.

G. A ground water withdrawal permit shall authorize withdrawal of a specificamount of ground water through a single well or system of wells, including abackup well or wells, or such other means as the withdrawer specifies.

(1992, c. 812.)

State Codes and Statutes

Statutes > Virginia > Title-62-1 > Chapter-25 > 62-1-266

§ 62.1-266. Ground water withdrawal permits.

A. The Board may issue any ground water withdrawal permit upon terms,conditions and limitations necessary for the protection of the publicwelfare, safety and health.

B. Applications for ground water withdrawal permits shall be in a formprescribed by the Board and shall contain such information, consistent withthis chapter, as the Board deems necessary.

C. All ground water withdrawal permits issued by the Board under this chaptershall have a fixed term not to exceed ten years. The term of a ground waterwithdrawal permit issued by the Board shall not be extended by modificationbeyond the maximum duration, and the permit shall expire at the end of theterm unless a complete application for a new permit has been filed in atimely manner as required by the regulations of the Board, and the Board isunable, through no fault of the permittee, to issue a new permit before theexpiration date of the previous permit. Any permit to withdraw ground waterissued by the Board on or after July 1, 1991, and prior to July 1, 1992,shall expire ten years after the date of its issuance.

D. Renewed ground water withdrawal permits shall be for a withdrawal amountthat includes such savings as can be demonstrated to have been achievedthrough water conservation, provided that a beneficial use of the permittedground water can be demonstrated for the following permit term.

E. Any permit issued by the Board under this chapter may, after notice andopportunity for a hearing, be amended or revoked on any of the followinggrounds or for good cause as may be provided by the regulations of the Board:

1. The permittee has violated any regulation or order of the Board pertainingto ground water, any condition of a ground water withdrawal permit, anyprovision of this chapter, or any order of a court, where such violationpresents a hazard or potential hazard to human health or the environment oris representative of a pattern of serious or repeated violations which, inthe opinion of the Board, demonstrates the permittee's disregard for orinability to comply with applicable laws, regulations, or requirements;

2. The permittee has failed to disclose fully all relevant material facts orhas misrepresented a material fact in applying for a permit, or in any otherreport or document required under this chapter or under the ground waterwithdrawal regulations of the Board;

3. The activity for which the permit was issued endangers human health or theenvironment and can be regulated to acceptable levels by amendment orrevocation of the permit; or

4. There exists a material change in the basis on which the permit was issuedthat requires either a temporary or a permanent reduction or elimination ofthe withdrawal controlled by the permit necessary to protect human health orthe environment.

F. No application for a ground water withdrawal permit shall be consideredcomplete unless the applicant has provided the Executive Director of theBoard with notification from the governing body of the county, city or townin which the withdrawal is to occur that the location and operation of thewithdrawing facility is in compliance with all ordinances adopted pursuant toChapter 22 (§ 15.2-2200 et seq.) of Title 15.2. The provisions of thissubsection shall not apply to any applicant exempt from compliance underChapter 22 (§ 15.2-2200 et seq.) of Title 15.2.

G. A ground water withdrawal permit shall authorize withdrawal of a specificamount of ground water through a single well or system of wells, including abackup well or wells, or such other means as the withdrawer specifies.

(1992, c. 812.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-62-1 > Chapter-25 > 62-1-266

§ 62.1-266. Ground water withdrawal permits.

A. The Board may issue any ground water withdrawal permit upon terms,conditions and limitations necessary for the protection of the publicwelfare, safety and health.

B. Applications for ground water withdrawal permits shall be in a formprescribed by the Board and shall contain such information, consistent withthis chapter, as the Board deems necessary.

C. All ground water withdrawal permits issued by the Board under this chaptershall have a fixed term not to exceed ten years. The term of a ground waterwithdrawal permit issued by the Board shall not be extended by modificationbeyond the maximum duration, and the permit shall expire at the end of theterm unless a complete application for a new permit has been filed in atimely manner as required by the regulations of the Board, and the Board isunable, through no fault of the permittee, to issue a new permit before theexpiration date of the previous permit. Any permit to withdraw ground waterissued by the Board on or after July 1, 1991, and prior to July 1, 1992,shall expire ten years after the date of its issuance.

D. Renewed ground water withdrawal permits shall be for a withdrawal amountthat includes such savings as can be demonstrated to have been achievedthrough water conservation, provided that a beneficial use of the permittedground water can be demonstrated for the following permit term.

E. Any permit issued by the Board under this chapter may, after notice andopportunity for a hearing, be amended or revoked on any of the followinggrounds or for good cause as may be provided by the regulations of the Board:

1. The permittee has violated any regulation or order of the Board pertainingto ground water, any condition of a ground water withdrawal permit, anyprovision of this chapter, or any order of a court, where such violationpresents a hazard or potential hazard to human health or the environment oris representative of a pattern of serious or repeated violations which, inthe opinion of the Board, demonstrates the permittee's disregard for orinability to comply with applicable laws, regulations, or requirements;

2. The permittee has failed to disclose fully all relevant material facts orhas misrepresented a material fact in applying for a permit, or in any otherreport or document required under this chapter or under the ground waterwithdrawal regulations of the Board;

3. The activity for which the permit was issued endangers human health or theenvironment and can be regulated to acceptable levels by amendment orrevocation of the permit; or

4. There exists a material change in the basis on which the permit was issuedthat requires either a temporary or a permanent reduction or elimination ofthe withdrawal controlled by the permit necessary to protect human health orthe environment.

F. No application for a ground water withdrawal permit shall be consideredcomplete unless the applicant has provided the Executive Director of theBoard with notification from the governing body of the county, city or townin which the withdrawal is to occur that the location and operation of thewithdrawing facility is in compliance with all ordinances adopted pursuant toChapter 22 (§ 15.2-2200 et seq.) of Title 15.2. The provisions of thissubsection shall not apply to any applicant exempt from compliance underChapter 22 (§ 15.2-2200 et seq.) of Title 15.2.

G. A ground water withdrawal permit shall authorize withdrawal of a specificamount of ground water through a single well or system of wells, including abackup well or wells, or such other means as the withdrawer specifies.

(1992, c. 812.)