Virginia Law

Permits shall be modified, revoked and reissued, suspended, or cancelled only as authorized by this section as follows:

1. A permit may be modified in whole or in part, revoked and reissued, suspended, or cancelled.

2. Permit modifications shall not be used to extend the term of a permit.

3. Modification, revocation and reissuance, suspension, or cancellation may be initiated by the department, permittee, or other person, under applicable laws or the provisions of this chapter.

4. After public notice and opportunity for a formal hearing pursuant to 9VAC25-230-100, a permit can be suspended or cancelled whenever the department finds that the holder of a permit is willfully violating any provision of such permit or any other provision of § 62.1-242 et seq. of the Code of Virginia. Whenever a permit is suspended the conditions to lift the suspension will be included in the department's decision. The determination to suspend, cancel or impose conditions on its future use in order to prevent future violations shall be based on the seriousness of the offense, the permittee's past record, the effect on beneficial uses, the effect on other users in the area and any other relevant factors. The causes for suspension or cancellation are as follows:

a. Willful noncompliance by the permittee with any condition of the permit;

b. The permittee's failure in the application or during the permit issuance process to disclose fully all relevant facts or the permittee's misrepresentation of any relevant facts at any time;

c. The permittee's violation of a special or judicial order; and

d. A determination that the permitted activity endangers human health or the environment and can be regulated to acceptable levels by permit modification or cancellation.

5. In considering whether to modify, revoke and reissue, or deny a permit under this section, the department shall consider:

a. The number of persons using a stream and the object, extent and necessity of their representative withdrawal uses;

b. The nature and size of the stream;

c. The type of businesses or activities to which the various uses are related;

d. The importance and necessity of the uses claimed by permit applicants, or of the water uses of the area and the extent of any injury or detriment caused or expected to be caused to instream or offstream uses;

e. The effects on beneficial uses; and

f. Any other relevant factors.