Administrative Code

Virginia Administrative Code
7/2/2022

Part V. Public Involvement

9VAC25-610-250. Public notice of permit or special exception action and public comment period.

A. Every draft permit described in 9VAC25-610-160 A and draft special exception shall be given public notice, paid for by the applicant, by publication once in a newspaper of general circulation in the area affected by the withdrawal.

B. Notice of each draft permit described in 9VAC25-610-160 A and draft special exception will be mailed by the board to each local governing body within the groundwater management area within which the proposed withdrawal will occur on or before the date of public notice.

C. The board shall allow a period of at least 30 days following the date of the public notice for interested persons to submit written comments on the tentative decision and to request a public hearing.

D. The contents of the public notice of a draft permit or draft special exception action shall include:

1. Name and address of the applicant. If the location of the proposed withdrawal differs from the address of the applicant the notice shall also state the location in sufficient detail such that the specific location may be easily identified;

2. Brief description of the beneficial use that the groundwater withdrawal will support;

3. The name and depth below ground surface of the aquifer that will support the proposed withdrawal;

4. The amount of groundwater withdrawal requested expressed as an average gallonage per day;

5. A statement of the tentative determination to issue or deny a permit or special exception;

6. A brief description of the final determination procedure;

7. The address, email address, and phone number of a specific person or persons at the department's office from whom further information may be obtained; and

8. A brief description on how to submit comments and request a public hearing.

E. Public notice shall not be required for submission or approval of plans and specifications or conceptual engineering reports not required to be submitted as part of the application or for draft permits for existing groundwater withdrawals when such draft permits are based solely on historic withdrawals.

F. When a permit or special exception is denied the board will do so in accordance with 9VAC25-610-340.

Statutory Authority

§ 62.1-256 of the Code of Virginia.

Historical Notes

Derived from VR680-13-07 § 5.1, eff. September 22, 1993; amended, Virginia Register Volume 15, Issue 5, eff. January 1, 1999; Volume 30, Issue 5, eff. January 1, 2014.

9VAC25-610-260. Public access to information.

All information pertaining to groundwater permit processing or in reference to any activity requiring a groundwater permit under this chapter shall be available to the public unless the applicant has made a showing that the information is protected by the applicant as a trade secret covered by § 62.1-44.21 of the Code of Virginia. All information claimed confidential must be identified as such at the time of submission to the board.

Statutory Authority

§ 62.1-256 of the Code of Virginia.

Historical Notes

Derived from VR680-13-07 § 5.2, eff. September 22, 1993; amended, Virginia Register Volume 30, Issue 5, eff. January 1, 2014.

9VAC25-610-270. Public comments and public hearing.

A. The director shall consider all written comments and requests for a public hearing received during the comment period, and shall make a determination on the necessity of a public hearing in accordance with § 62.1-44.15:02 of the Code of Virginia. All proceedings, public hearings, and decisions from it will be in accordance with § 62.1-44.15:02 of the Code of Virginia.

B. Any applicant or permittee aggrieved by an action of the board or director taken without a formal hearing or inaction of the board or director may request in writing a formal hearing pursuant to § 62.1-44.25 of the Code of Virginia.

Statutory Authority

§ 62.1-256 of the Code of Virginia.

Historical Notes

Derived from VR680-13-07 § 5.3, eff. September 22, 1993; amended, Virginia Register Volume 30, Issue 5, eff. January 1, 2014.

9VAC25-610-280. Public notice of hearing.

A. Public notice of any public hearing held pursuant to 9VAC25-610-270 shall be circulated as follows:

1. Notice shall be published once in a newspaper of general circulation in the area affected by the proposed withdrawal at least 30 days in advance of the public hearing; and

2. Notice of the public hearing shall be sent to all persons and government agencies which received a copy of the public notice of the draft permit or special exception and to those persons requesting a public hearing or having commented in response to the public in accordance with § 62.1-44.15:02 of the Code of Virginia.

B. The cost of public notice shall be paid by the applicant.

C. The content of the public notice of any public hearing held pursuant to 9VAC25-610-270 shall include at least the following:

1. Name and address of each person whose application will be considered at the public hearing, the amount of groundwater withdrawal requested expressed as an average gallonage per day, and a brief description of the beneficial use that will be supported by the proposed groundwater withdrawal.

2. The precise location of the proposed withdrawal and the aquifers that will support the withdrawal. The location should be described, where possible, with reference to route numbers, road intersections, map coordinates or similar information.

3. A brief reference to the public notice issued for the permit or special exception application and draft permit or special exception, including identification number and date of issuance unless the public notice includes the public hearing notice.

4. Information regarding the time and location for the public hearing.

5. The purpose of the public hearing.

6. A concise statement of the relevant issues raised by the persons requesting the public hearing.

7. Contact person and the mailing address, email address, phone number, and name of the Department of Environmental Quality office at which interested persons may obtain further information or request a copy of the draft permit or special exception.

8. A brief reference to the rules and procedures to be followed at the public hearing.

D. Public notice of any formal hearing held pursuant to 9VAC25-610-270 B shall be in accordance with Procedural Rule No.1 (9VAC25-230).

Statutory Authority

§ 62.1-256 of the Code of Virginia.

Historical Notes

Derived from VR680-13-07 § 5.4, eff. September 22, 1993; amended, Virginia Register Volume 30, Issue 5, eff. January 1, 2014.

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