Part V. Issuance of Certificates
9VAC25-220-250. Duty to apply.
A. No political subdivision, investor-owned water company or existing beneficial consumptive user withdrawing water in a declared surface water management area and exempted under subsection C of 9VAC25-220-70 from needing a surface water withdrawal permit shall continue to withdraw water in the surface water management area except as authorized by a surface water withdrawal certificate.
B. If an area has been declared a surface water management area, any person exempted under subsection C of 9VAC25-220-70 shall apply for a certificate within 90 days of the declaration.
Statutory Authority
Chapter 24 (§ 62.1-242 et seq.) of Title 62.1 of the Code of Virginia.
Historical Notes
Derived from VR680-15-03 § 5.1, eff. June 3, 1992.
9VAC25-220-260. Duration of certificates.
Surface water withdrawal certificates shall have an effective duration of not more than 10 years.
Statutory Authority
Chapter 24 (§ 62.1-242 et seq.) of Title 62.1 of the Code of Virginia.
Historical Notes
Derived from VR680-15-03 § 5.2, eff. June 3, 1992.
9VAC25-220-270. Duty to re-apply.
Any person who has an effective surface water withdrawal certificate must apply for a new certification at least 180 days before the expiration date of an effective certificate unless permission for a later date has been granted by the department.
Statutory Authority
§ 62.1-249 of the Code of Virginia.
Historical Notes
Derived from VR680-15-03 § 5.3, eff. June 3, 1992; amended, Virginia Register Volume 39, Issue 5, eff. November 23, 2022.
9VAC25-220-280. Complete application required.
A. A complete Surface Water Withdrawal Certificate application to the Department of Environmental Quality shall, as a minimum, consist of the following:
1. General requirements.
a. The location of the water withdrawal, including the name of the waterbody from which the withdrawal is being made;
b. The average daily withdrawal, the maximum withdrawal, and any variations of the withdrawal by season including amounts and times of the day or year during which withdrawals may occur;
c. The use of the withdrawal, including the importance for the need for this use; and
d. Any alternative water supplies or water storage.
2. Specific requirements. Water conservation or management plans as found in subdivision 2 of 9VAC25-220-100.
B. Where an application is considered incomplete the department may require the submission of additional information after an application has been filed, and may suspend processing of any application until such time as the applicant has supplied missing or deficient information and the department considers the application complete. Further, where the applicant becomes aware that he omitted one or more relevant facts from a certificate application, or submitted incorrect information in a certificate application or in any report to the department, he shall immediately submit such facts or the correct information.
Statutory Authority
§ 62.1-249 of the Code of Virginia.
Historical Notes
Derived from VR680-15-03 § 5.4, eff. June 3, 1992; amended, Virginia Register Volume 39, Issue 5, eff. November 23, 2022.
9VAC25-220-290. Information requirements.
All applicants for a Surface Water Withdrawal Certificate shall provide all such information consistent with this chapter as the department deems necessary. All applicants for a certificate must submit a complete application in accordance with 9VAC25-220-280.
Statutory Authority
§ 62.1-249 of the Code of Virginia.
Historical Notes
Derived from VR680-15-03 § 5.5, eff. June 3, 1992; amended, Virginia Register Volume 39, Issue 5, eff. November 23, 2022.
9VAC25-220-300. Additional requirements.
In addition to the requirements found in this section, the requirements in subsections A and G of 9VAC25-220-80, 9VAC25-220-90, subdivisions B 1 and 4 of 9VAC25-220-110, subsection A of 9VAC25-220-120, 9VAC25-220-130, Part III and Part IV of this chapter (9VAC25-220-150 et seq. and 9VAC25-220-200 et seq.) also apply to certificate holders and certificate applicants as necessary.
Statutory Authority
Chapter 24 (§ 62.1-242 et seq.) of Title 62.1 of the Code of Virginia.
Historical Notes
Derived from VR680-15-03 § 5.6, eff. June 3, 1992.