Administrative Code

Creating a Report: Check the sections you'd like to appear in the report, then use the "Create Report" button at the bottom of the page to generate your report. Once the report is generated you'll then have the option to download it as a pdf, print or email the report.

Virginia Administrative Code
Title 9. Environment
Agency 25. State Water Control Board
Chapter 740. Water Reclamation and Reuse Regulation

9VAC25-740-105. Application for an emergency authorization.

A. An application for an emergency authorization as described in 9VAC25-740-45 shall include information addressing the following:

1. Contact information of the applicant or permittee including name, mailing address, telephone number, and, if applicable, fax number, and electronic mail address;

2. Name of the city or county where the emergency production, distribution, and reuse of reclaimed water shall occur;

3. Recent and current water use, including monthly water use in the previous calendar year and weekly water use in the previous six months prior to the application. The application shall identify the sources of such water and also identify any water purchased from other water suppliers;

4. A description of the severity of the public water supply emergency, including for reservoirs, an estimate of days of remaining supply at the current rates of use and replenishment; for wells, current production; for intakes, current streamflow;

5. A description of mandatory water conservation measures taken or imposed by the applicant or permittee and the dates when the measures were implemented. For the purposes of obtaining an emergency authorization, mandatory water conservation measures shall include, but are not limited to, the prohibition of lawn and landscape watering, noncommercial vehicle washing, the watering of recreation fields, refilling of swimming pools, and the washing of paved surfaces;

6. An estimate of water savings realized by implementing mandatory water conservation measures;

7. Documentation that the applicant or permittee has exhausted all public water supply management actions that would minimize the threat to public welfare, safety, and health, and would avoid the need to obtain an emergency authorization. This may include among other actions, the acquisition of an Emergency Virginia Water Protection Permit ( as provided in 9VAC25-210) for a new or increased withdrawal;

8. Any other information demonstrating that public water supply conditions are a substantial threat to public health or safety;

9. Name, address, and permit number of the municipal treatment works that proposes to produce, distribute, or reuse reclaimed water under the emergency authorization;

10. A statement confirming that the municipal treatment works:

a. Does not have SIUs, or

b. Has SIUs and a pretreatment program developed, approved, and maintained in accordance with Part VII (9VAC25-31-730 et seq.) of the VPDES Permit Regulation;

11. Information regarding the design and operation of the treatment works, demonstrating that the facility is currently capable of producing reclaimed water meeting minimum standard requirements of 9VAC25-740-90 for reuses listed in the application pursuant to subdivision 13 of this subsection;

12. Information specified in 9VAC25-740-100 B 6 regarding the diversion of source water from the treatment works to reclamation and reuse;

13. A list of proposed reuses for reclaimed water produced by the municipal treatment works and an explanation of how these reuses will protect public health and safety under the current public water supply conditions;

14. A description of the system that will be used to distribute reclaimed water from the municipal treatment works to the intended reuses; and

15. A signed and dated certification statement in accordance with signatory requirements of the VPDES Permit Regulation (9VAC25-31) or the VPA Permit Regulation (9VAC25-32), whichever applies to the permit issued to the municipal treatment works.

B. The application for a permit described in 9VAC25-740-100 may be used as an application to issue an emergency authorization where the permit application contains the information required in subsection A of this section.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 30, Issue 9, eff. January 29, 2014.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.