9VAC25-610-310. Causes for modification.
A. A permit or special exception may, at the department's discretion, be modified for any cause as described in 9VAC25-610-300.
B. A permit or special exception may be modified when any of the following developments occur:
1. When new information becomes available about the groundwater withdrawal covered by the permit or special exception, or the impact of the withdrawal, which was not available at permit or special exception issuance and would have justified the application of different conditions at the time of issuance;
2. When groundwater withdrawal reports submitted by the permittee indicate that the permittee is using less than 60% of the permitted withdrawal amount for a five-year period;
3. When a change is made in the regulations on which the permit or special exception was based; or
4. When changes occur which are subject to "reopener clauses" in the permit or special exception.
Statutory Authority
§ 62.1-256 of the Code of Virginia.
Historical Notes
Derived from VR680-13-07 § 6.3, eff. September 22, 1993; amended, Virginia Register Volume 30, Issue 5, eff. January 1, 2014; Volume 39, Issue 5, eff. November 23, 2022.