Administrative Code

Virginia Administrative Code
6/24/2022

Part VI. Permit and Special Exception Modification, Revocation and Denial

9VAC25-610-290. Rules for modification and revocation.

Permits and special exceptions shall be modified or revoked only as authorized by this part of this chapter as follows:

1. A permit or special exception may be modified in whole or in part, or revoked;

2. Permit or special exception modifications shall not be used to extend the term of a permit or special exception; and

3. Modification or revocation may be initiated by the board, at the request of the permittee, or other person at the board's discretion under applicable laws or the provisions of this chapter.

Statutory Authority

§ 62.1-256 of the Code of Virginia.

Historical Notes

Derived from VR680-13-07 § 6.1, eff. September 22, 1993; amended, Virginia Register Volume 30, Issue 5, eff. January 1, 2014.

9VAC25-610-300. Causes for revocation.

A. After public notice and opportunity for a formal hearing pursuant to 9VAC25-230-100 a permit or special exception can be revoked for cause. Causes for revocation are as follows:

1. Noncompliance with any condition of the permit or special exception;

2. Failure to fully disclose all relevant facts or misrepresentation of a material fact in applying for a permit or special exception, or in any other report or document required by the Act, this chapter or permit or special exception conditions;

3. The violation of any regulation or order of the board, or any order of a court, pertaining to groundwater withdrawal;

4. A determination that the withdrawal authorized by the permit or special exception endangers human health or the environment and cannot be regulated to acceptable levels by permit or special exception modification;

5. A material change in the basis on which the permit or special exception was issued that requires either a temporary or permanent reduction, application of special conditions or elimination of any groundwater withdrawal controlled by the permit or special exception.

B. After public notice and opportunity for a formal hearing pursuant to 9VAC25-230-100 a permit or special exception may be revoked when any of the developments described in 9VAC25-610-310 occur.

Statutory Authority

§ 62.1-256 of the Code of Virginia.

Historical Notes

Derived from VR680-13-07 § 6.2, eff. September 22, 1993; amended, Virginia Register Volume 30, Issue 5, eff. January 1, 2014.

9VAC25-610-310. Causes for modification.

A. A permit or special exception may, at the board's discretion, be modified for any cause as described in 9VAC25-610-300.

B. A permit or special exception may be modified when any of the following developments occur:

1. When new information becomes available about the groundwater withdrawal covered by the permit or special exception, or the impact of the withdrawal, which was not available at permit or special exception issuance and would have justified the application of different conditions at the time of issuance;

2. When groundwater withdrawal reports submitted by the permittee indicate that the permittee is using less than 60% of the permitted withdrawal amount for a five-year period;

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

4. When changes occur which are subject to "reopener clauses" in the permit or special exception.

Statutory Authority

§ 62.1-256 of the Code of Virginia.

Historical Notes

Derived from VR680-13-07 § 6.3, eff. September 22, 1993; amended, Virginia Register Volume 30, Issue 5, eff. January 1, 2014.

9VAC25-610-320. Transferability of permits and special exceptions.

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

B. Automatic transfer. Any permit or special exception shall be automatically transferred to a new owner as allowed by the minor modification process described in 9VAC25-610-330 B 8 if:

1. The current owner notifies the board within 30 days in advance of the proposed transfer of ownership;

2. The notice to the board includes a notarized written agreement between the existing permittee and proposed new permittee containing a specific date of transfer of permit or special exception responsibility, coverage and liability to the new permittee, or that the existing permittee will retain such responsibility, coverage, or liability, including liability for compliance with the requirements of any enforcement activities related to the permitted activity;

3. The board does not within the 30-day time period notify the existing permittee and the proposed permittee of its intent to modify, revoke, or reissue the permit or special exception; and

4. The permit transferor and the permit transferee provide written notice to the board of the actual transfer date.

Statutory Authority

§ 62.1-256 of the Code of Virginia.

Historical Notes

Derived from VR680-13-07 § 6.4, eff. September 22, 1993; amended, Virginia Register Volume 30, Issue 5, eff. January 1, 2014.

9VAC25-610-330. Minor modification.

A. Upon request of the holder of a permit or special exception, or upon board initiative with the consent of the holder of a permit or special exception, minor modifications may be made in the permit or special exception without following the public involvement procedures.

B. For groundwater withdrawal permits and special exceptions, minor modifications may only:

1. Correct typographical errors;

2. Require reporting at a greater frequency than required in the permit or special exception;

3. Add additional or more restrictive monitoring requirements than required in the permit or special exception;

4. Replace an existing well provided that the replacement well is screened in the same aquifer or aquifers as the existing well, the replacement well is in the near vicinity of the existing well, the groundwater withdrawal does not increase, and the area of impact does not increase;

5. Add additional wells so long as the additional wells are screened in the same aquifer or aquifers as the existing well, additional wells are in the near vicinity of the existing well, the total groundwater withdrawal does not increase, and the area of impact does not increase;

6. Combine the withdrawals governed by multiple permits into one permit when the systems that were governed by the multiple permits are physically connected, as long as the interconnection will not result in additional groundwater withdrawal and the area of impact will not increase;

7. Change an interim compliance date in a schedule of compliance to no more than 120 days from the original compliance date and provided it will not interfere with the final compliance date;

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

9. Revise a water conservation and management plan to update conservation measures being implemented by the permittee that increase the amount of groundwater conserved.

Statutory Authority

§ 62.1-256 of the Code of Virginia.

Historical Notes

Derived from VR680-13-07 § 6.5, eff. September 22, 1993; amended, Virginia Register Volume 15, Issue 5, eff. January 1, 1999; Volume 30, Issue 5, eff. January 1, 2014.

9VAC25-610-340. Denial of a permit or special exception.

A. The director shall make a decision to tentatively deny the permit or special exception requested if the requirements of this chapter are not met. Bases for denial include, but are not limited to, the following:

1. The cumulative stabilized impact of the proposed withdrawal in combination with all existing lawful withdrawals will lower water levels in a confined aquifer below a point that represents 80% of the distance between the land surface and the top of the aquifer;

2. The groundwater withdrawal amount requested in the permit application exceeds the amount that can be applied to the proposed beneficial use; and

3. Available supplies of groundwater are insufficient for all who desire to use them and the preference is being given to use for human consumption.

B. The applicant shall be notified by letter of the director's preliminary decision to tentatively deny the permit or special exception requested.

C. The department shall provide sufficient information to the applicant regarding the rationale for denial, such that the applicant may, at his option, modify the application in order to achieve a favorable recommendation; withdraw his application; or proceed with the processing on the original application.

D. Should the applicant withdraw his application, no permit or special exception will be issued.

E. Should the applicant elect to proceed as originally proposed, the director shall advise the applicant of his right to an informal fact finding in accordance with § 2.2-4019 of the Administrative Process Act to consider the denial.

Statutory Authority

§ 62.1-256 of the Code of Virginia.

Historical Notes

Derived from VR680-13-07 § 6.6, eff. September 22, 1993; amended, Virginia Register Volume 30, Issue 5, eff. January 1, 2014.

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