Virginia Code 62.1-267: Issuance of special exceptions
A. The Board may issue a special exception to allow the withdrawal of ground water in the case of an unusual situation in which requiring the user to obtain a ground water withdrawal permit would be contrary to the intended purpose of the Act.
Terms Used In Virginia Code 62.1-267
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Beneficial use: includes domestic (including public water supply), agricultural, commercial, and industrial uses. See Virginia Code 62.1-255
- Board: means the State Water Control Board. See Virginia Code 62.1-255
- Ground water: means any water, except capillary moisture, beneath the land surface in the zone of saturation or beneath the bed of any stream, lake, reservoir or other body of surface water wholly or partially within the boundaries of the Commonwealth, whatever the subsurface geologic structure in which such water stands, flows, percolates or otherwise occurs. See Virginia Code 62.1-255
- Ground water withdrawal permit: means a certificate issued by the Board permitting the withdrawal of a specified quantity of ground water in a ground water management area. See Virginia Code 62.1-255
- Person: means any and all persons, including individuals, firms, partnerships, associations, public or private institutions, municipalities or political subdivisions, governmental agencies, or private or public corporations organized under the laws of the Commonwealth or any other state or country. See Virginia Code 62.1-255
- State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
B. In reviewing an application for a special exception, the Board may consider the amount and duration of the proposed withdrawal, the beneficial use intended for the ground water, the return of the ground water to the aquifer, and the effect of the withdrawal on human health and the environment. Any person requesting a special exception shall submit an application to the Board containing such information as the Board shall require by regulation adopted pursuant to this chapter.
C. Any special exception issued by the Board shall state the terms pursuant to which the applicant may withdraw ground water, including the amount of ground water that may be withdrawn in any period and the duration of the special exception. No special exception shall be issued for a term exceeding 15 years.
D. A violation of any term or provision of a special exception shall subject the holder thereof to the same penalties and enforcement procedures as would apply to a violation of a ground water withdrawal permit.
E. The Board shall have the power to amend or revoke any special exception after notice and opportunity for hearing on the grounds set forth in subsection D of § 62.1-266 for amendment or revocation of a ground water withdrawal permit.
1992, c. 812; 2018, c. 424.