Administrative Code

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

9VAC25-610-320. Transferability of permits and special exceptions.

A. Transfer by modification. Except as provided for under automatic transfer in subsection B of this section, a permit or special exception shall be transferred only if the permit has been modified to reflect the transfer.

B. Automatic transfer. Any permit or special exception shall be automatically transferred to a new owner as allowed by the minor modification process described in 9VAC25-610-330 B 8 if:

1. The current owner notifies the department within 30 days in advance of the proposed transfer of ownership;

2. The notice to the department includes a notarized written agreement between the existing permittee and proposed new permittee containing a specific date of transfer of permit or special exception responsibility, coverage and liability to the new permittee, or that the existing permittee will retain such responsibility, coverage, or liability, including liability for compliance with the requirements of any enforcement activities related to the permitted activity;

3. The department does not within the 30-day time period notify the existing permittee and the proposed permittee of its intent to modify, revoke, or reissue the permit or special exception; and

4. The permit transferor and the permit transferee provide written notice to the department of the actual transfer date.

Statutory Authority

§ 62.1-256 of the Code of Virginia.

Historical Notes

Derived from VR680-13-07 § 6.4, 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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