Administrative Code

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

9VAC25-610-250. Public notice of permit or special exception action and public comment period.

A. Every draft permit described in 9VAC25-610-160 A and draft special exception shall be given public notice, paid for by the applicant, by publication once in a newspaper of general circulation in the area affected by the withdrawal.

B. Notice of each draft permit described in 9VAC25-610-160 A and draft special exception will be mailed by the department to each local governing body within the groundwater management area within which the proposed withdrawal will occur on or before the date of public notice.

C. The department shall allow a period of at least 30 days following the date of the public notice for interested persons to submit written comments on the tentative decision and to request a public hearing.

D. The contents of the public notice of a draft permit or draft special exception action shall include:

1. Name and address of the applicant. If the location of the proposed withdrawal differs from the address of the applicant the notice shall also state the location in sufficient detail such that the specific location may be easily identified;

2. Brief description of the beneficial use that the groundwater withdrawal will support;

3. The name and depth below ground surface of the aquifer that will support the proposed withdrawal;

4. The amount of groundwater withdrawal requested expressed as an average gallonage per day;

5. A statement of the tentative determination to issue or deny a permit or special exception;

6. A brief description of the final determination procedure;

7. The address, email address, and phone number of a specific person or persons at the department's office from whom further information may be obtained; and

8. A brief description on how to submit comments and request a public hearing.

E. Public notice shall not be required for submission or approval of plans and specifications or conceptual engineering reports not required to be submitted as part of the application or for draft permits for existing groundwater withdrawals when such draft permits are based solely on historic withdrawals.

F. When a permit or special exception is denied the department will do so in accordance with 9VAC25-610-340.

Statutory Authority

§ 62.1-256 of the Code of Virginia.

Historical Notes

Derived from VR680-13-07 § 5.1, eff. September 22, 1993; amended, Virginia Register Volume 15, Issue 5, eff. January 1, 1999; Volume 30, Issue 5, eff. January 1, 2014; Volume 39, Issue 5, eff. November 23, 2022.

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