Administrative Code

Virginia Administrative Code
7/2/2022

Part IV. Special Exception Application and Issuance

9VAC25-610-170. Application for a special exception.

A. Any person who wishes to initiate a groundwater withdrawal in any groundwater management area and is not exempted from the provisions of this chapter by 9VAC25-610-50 may apply for a special exception in unusual cases where requiring the proposed user to obtain a groundwater withdrawal permit would be contrary to the purpose of the Ground Water Management Act of 1992.

B. A special exception application shall be completed and submitted to the board and a special exception issued by the board prior to the initiation of any withdrawal not specifically excluded in 9VAC25-610-50. Special exception application forms shall be in a format specified by the board and are available from the Department of Environmental Quality.

C. Due to the unique nature of applications for special exceptions the board shall determine the completeness of an application on a case-by-case basis. The board may require any information required in 9VAC25-610-90, 9VAC25-610-92, or 9VAC25-610-94, prior to considering an application for a special exception complete.

D. Where the board finds an application incomplete, the board shall 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 board finds the application complete. An incomplete permit application for a special exception may be suspended from processing 180 days from the date that the applicant received notification that the application is deficient. Further, where the applicant becomes aware that he omitted one or more relevant facts from a special exception application, or submitted incorrect information in a special exception application or in any report to the board, he shall immediately submit such facts or the correct information.

Statutory Authority

§ 62.1-256 of the Code of Virginia.

Historical Notes

Derived from VR680-13-07 § 4.1, eff. September 22, 1993; amended, Virginia Register Volume 30, Issue 5, eff. January 1, 2014.

9VAC25-610-180. Water conservation and management plans.

A. The board may require water conservation and management plans or specific elements of water conservation and management plans as described in 9VAC25-610-100 B prior to considering an application for special exception complete.

B. In instances where a water conservation and management plan is required, the board may include the implementation of such plans as an enforceable condition of the applicable special exception.

Statutory Authority

§§ 62.1-44.15(10) and 62.1-256 of the Code of Virginia.

Historical Notes

Derived from VR680-13-07 § 4.2, eff. September 22, 1993.

9VAC25-610-190. Criteria for the issuance of special exceptions.

A. The board shall issue special exceptions only in unusual situations where the applicant demonstrates to the board's satisfaction that requiring the applicant to obtain a groundwater withdrawal permit would be contrary to the intended purposes of the Ground Water Management Act of 1992.

B. The board may require compliance with any criteria described in 9VAC25-610-110.

Statutory Authority

§ 62.1-256 of the Code of Virginia.

Historical Notes

Derived from VR680-13-07 § 4.3, eff. September 22, 1993; amended, Virginia Register Volume 30, Issue 5, eff. January 1, 2014.

9VAC25-610-200. Public water supplies.

The board shall not issue special exceptions for the normal operations of public water supplies.

Statutory Authority

§§ 62.1-44.15(10) and 62.1-256 of the Code of Virginia.

Historical Notes

Derived from VR680-13-07 § 4.4, eff. September 22, 1993.

9VAC25-610-210. Conditions applicable to all special exceptions.

The holder of any special exception shall be responsible for compliance with all conditions contained in the special exception and shall be subject to the same requirements of permittees as described in 9VAC25-610-130.

Statutory Authority

§§ 62.1-44.15(10) and 62.1-256 of the Code of Virginia.

Historical Notes

Derived from VR680-13-07 § 4.5, eff. September 22, 1993.

9VAC25-610-220. Establishing applicable standards, limitations or other special exception conditions.

The board may issue special exceptions which include any requirement for permits as described in 9VAC25-610-140. Special exceptions shall not be renewed, except in the case of special exceptions that have been issued to allow groundwater withdrawals associated with state-approved groundwater remediation activities. In the case of reissuance of a special exception for a state-approved groundwater remediation activity, the board may require the holder of the special exception to submit any information required in 9VAC25-610-90, 9VAC25-610-92, and 9VAC25-610-94, and may require compliance with any criteria described in 9VAC25-610-110. In the case where any other activity that is being supported by the specially excepted withdrawal will require that the withdrawal extend beyond the term of the existing special exception, the groundwater user shall apply for a permit to withdraw groundwater.

Statutory Authority

§ 62.1-256 of the Code of Virginia.

Historical Notes

Derived from VR680-13-07 § 4.6, eff. September 22, 1993; amended, Virginia Register Volume 30, Issue 5, eff. January 1, 2014.

9VAC25-610-230. Signatory requirements.

The signatory requirements for any application, report or certification shall be the same as those described in 9VAC25-610-150.

Statutory Authority

§§ 62.1-44.15(10) and 62.1-256 of the Code of Virginia.

Historical Notes

Derived from VR680-13-07 § 4.7, eff. September 22, 1993.

9VAC25-610-240. Draft special exception.

A. Upon receipt of a complete application, the board shall make a tentative decision to issue or deny the special exception. If a tentative decision is to issue the special exception then a draft special exception shall be prepared in advance of public notice. The following tentative determinations shall be incorporated into a draft special exception:

1. Conditions, withdrawal limitations, standards and other requirements applicable to the special exception;

2. Monitoring and reporting requirements; and

3. Requirements for mitigation of adverse impacts.

B. If the tentative decision is to deny the special exception, the board shall return the application to the applicant. The applicant may then apply for a groundwater withdrawal permit for the proposed withdrawal in accordance with Part III (9VAC25-610-85 et seq.) of this chapter.

Statutory Authority

§ 62.1-256 of the Code of Virginia.

Historical Notes

Derived from VR680-13-07 § 4.8, eff. September 22, 1993; amended, Virginia Register Volume 30, Issue 5, eff. January 1, 2014.

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