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Virginia Administrative Code
Title 9. Environment
Agency 25. State Water Control Board
Chapter 610. Groundwater Withdrawal Regulations
11/21/2024

9VAC25-610-170. Application for a special exception.

A. Any person who wishes to initiate a groundwater withdrawal in any groundwater management area and is not exempted from the provisions of this chapter by 9VAC25-610-50 may apply for a special exception in unusual cases where requiring the proposed user to obtain a groundwater withdrawal permit would be contrary to the purpose of the Ground Water Management Act of 1992.

B. A special exception application shall be completed and submitted to the department and a special exception issued by the department prior to the initiation of any withdrawal not specifically excluded in 9VAC25-610-50. Special exception application forms shall be in a format specified by the department and are available from the Department of Environmental Quality.

C. Due to the unique nature of applications for special exceptions the department shall determine the completeness of an application on a case-by-case basis. The department may require any information required in 9VAC25-610-90, 9VAC25-610-92, or 9VAC25-610-94, prior to considering an application for a special exception complete.

D. Where the department finds an application incomplete, the department shall require the submission of additional information after an application has been filed, and may suspend processing of any application until such time as the applicant has supplied missing or deficient information and the department finds the application complete. An incomplete permit application for a special exception may be suspended from processing 180 days from the date that the applicant received notification that the application is deficient. Further, where the applicant becomes aware that he omitted one or more relevant facts from a special exception application, or submitted incorrect information in a special exception application or in any report to the department, he shall immediately submit such facts or the correct information.

Statutory Authority

§ 62.1-256 of the Code of Virginia.

Historical Notes

Derived from VR680-13-07 § 4.1, eff. September 22, 1993; amended, Virginia Register Volume 30, Issue 5, eff. January 1, 2014; Volume 39, Issue 5, eff. November 23, 2022.

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