Administrative Code

Virginia Administrative Code
6/18/2024

Part IV. Permit Modification, Revocation and Reissuance, Suspension, Cancellation and Denial

9VAC25-220-200. Rules for modification, revocation and reissuance, suspension, cancellation and denial.

Permits shall be modified, revoked and reissued, suspended, or cancelled only as authorized by this section as follows:

1. A permit may be modified in whole or in part, revoked and reissued, suspended, or cancelled.

2. Permit modifications shall not be used to extend the term of a permit.

3. Modification, revocation and reissuance, suspension, or cancellation may be initiated by the department, permittee, or other person, under applicable laws or the provisions of this chapter.

4. After public notice and opportunity for a formal hearing pursuant to 9VAC25-230-100, a permit can be suspended or cancelled whenever the department finds that the holder of a permit is willfully violating any provision of such permit or any other provision of § 62.1-242 et seq. of the Code of Virginia. Whenever a permit is suspended the conditions to lift the suspension will be included in the department's decision. The determination to suspend, cancel or impose conditions on its future use in order to prevent future violations shall be based on the seriousness of the offense, the permittee's past record, the effect on beneficial uses, the effect on other users in the area and any other relevant factors. The causes for suspension or cancellation are as follows:

a. Willful noncompliance by the permittee with any condition of the permit;

b. The permittee's failure in the application or during the permit issuance process to disclose fully all relevant facts or the permittee's misrepresentation of any relevant facts at any time;

c. The permittee's violation of a special or judicial order; and

d. A determination that the permitted activity endangers human health or the environment and can be regulated to acceptable levels by permit modification or cancellation.

5. In considering whether to modify, revoke and reissue, or deny a permit under this section, the department shall consider:

a. The number of persons using a stream and the object, extent and necessity of their representative withdrawal uses;

b. The nature and size of the stream;

c. The type of businesses or activities to which the various uses are related;

d. The importance and necessity of the uses claimed by permit applicants, or of the water uses of the area and the extent of any injury or detriment caused or expected to be caused to instream or offstream uses;

e. The effects on beneficial uses; and

f. Any other relevant factors.

Statutory Authority

§ 62.1-249 of the Code of Virginia.

Historical Notes

Derived from VR680-15-03 § 4.1, eff. June 3, 1992; amended, Virginia Register Volume 39, Issue 5, eff. November 23, 2022.

9VAC25-220-210. Causes for modification.

A permit may be modified, but not revoked and reissued, except when the permittee agrees or requests, when any of the following developments occur:

1. When additions or alterations have been made to the affected facility or activity which require the application of permit conditions that differ from those of the existing permit or are absent from it;

2. When new information becomes available about the operation or withdrawal covered by the permit which was not available at permit issuance and would have justified the application of different permit conditions at the time of permit issuance;

3. When a change is made in the methodology or regulations on which the permit was based;

4. When it becomes necessary to change final dates in schedules due to circumstances over which the permittee has little or no control such as acts of God, materials shortages, etc. However, in no case may a compliance schedule be modified to extend beyond any applicable statutory deadline of the Act;

5. When the department determines that minimum instream flow levels resulting from the permittee's withdrawal of water is detrimental to the instream beneficial use and that the withdrawal of water should be subject to further net limitations; and

6. When other states were not notified of the change in the permit and their waters may be affected by the withdrawal.

Statutory Authority

§ 62.1-249 of the Code of Virginia.

Historical Notes

Derived from VR680-15-03 § 4.2, eff. June 3, 1992; amended, Virginia Register Volume 39, Issue 5, eff. November 23, 2022.

9VAC25-220-220. Transferability of permits.

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

B. Automatic transfer. Any permit shall be automatically transferred to a new user if:

1. The current user notifies the department 30 days in advance of the proposed transfer of the permit to the facility or property;

2. The notice to the department includes a written agreement between the existing and proposed new user containing a specific date of transfer of permit responsibility, coverage and liability between them; and

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

Statutory Authority

§ 62.1-249 of the Code of Virginia.

Historical Notes

Derived from VR680-15-03 § 4.3, eff. June 3, 1992; amended, Virginia Register Volume 39, Issue 5, eff. November 23, 2022.

9VAC25-220-230. Minor modification.

A. Upon request of the permittee, or upon department initiative with the consent of the permittee, minor modifications may be made in the permit without following the public involvement procedures.

B. For surface water withdrawal permits, minor modification may only:

1. Correct typographical errors;

2. Require reporting by the permittee at a greater frequency than required in the permit; and

3. Allow for a change in ownership or operational control when the department determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage and liability from the current to the new permittee has been submitted to the department.

Statutory Authority

§ 62.1-249 of the Code of Virginia.

Historical Notes

Derived from VR680-15-03 § 4.4, eff. June 3, 1992; amended, Virginia Register Volume 39, Issue 5, eff. November 23, 2022.

9VAC25-220-240. Denial of a permit.

A. The applicant shall be notified by letter of the staff's decision to recommend to the department denial of the permit requested.

B. The staff shall provide sufficient information to the applicant regarding the rationale for denial, such that the applicant may at his option: (i) modify the application in order to achieve a favorable recommendation; (ii) withdraw his application; or (iii) proceed with the processing on the original application.

C. Should the applicant withdraw his application, no permit will be issued.

D. Should the applicant elect to proceed with the original project, the staff shall make its recommendation of denial to the director for determination of the need for public notice as provided for in accordance with Part III of this chapter (9VAC25-220-150 et seq.).

Statutory Authority

§ 62.1-249 of the Code of Virginia.

Historical Notes

Derived from VR680-15-03 § 4.5, eff. June 3, 1992; amended, Virginia Register Volume 39, Issue 5, eff. November 23, 2022.

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