REGULATIONS
Vol. 39 Iss. 5 - October 24, 2022

TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Chapter 780
Final

TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

Final Regulation

REGISTRAR'S NOTICE: The State Water Control Board is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law or the appropriation act where no agency discretion is involved. The board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 9VAC25-780. Local and Regional Water Supply Planning (amending 9VAC25-780-70).

Statutory Authority: §§ 62.1-44.15 and 62.1-44.38:1 of the Code of Virginia.

Effective Date: November 23, 2022.

Agency Contact: Ryan Green, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4258, FAX (804) 698-4178, or email ryan.green@deq.virginia.gov.

Summary:

Pursuant to Chapter 356 of the 2022 Acts of Assembly, the amendments conform the regulation to a statutorily change shifting authority to issue and enforce permits from the State Water Control Board to the Department of Environmental Quality.

9VAC25-780-70. Existing water source information.

A. A water plan shall include current information on existing water sources.

B. A water plan shall include, for community water systems using ground water, the name and identification number of the well or wells, the well depth, the casing depth, the screen depth (top and bottom) or water zones, the well diameter, the design capacity for the average daily withdrawal and maximum daily withdrawal, the system capacity permitted by Department of Health, and the annual and monthly permitted amounts contained in ground water withdrawal permits for all wells located within ground water management areas.

C. A water plan shall include, for community water systems using surface water reservoirs, the name of the reservoirs, the sub-basins in which the reservoirs are located, the drainage area, the amount of on-stream storage available for water supply, the design capacity for average daily and maximum daily withdrawals from the reservoirs, the safe yield of the reservoirs, the capacity of any associated water treatment plant, the Department of Health permitted capacity of the systems, and any limitations on withdrawal established by permits issued by the board department. For a community water system that operates a system of interconnected reservoirs, the reporting of the design capacity for withdrawals, designed average daily withdrawal, the designed maximum daily withdrawal and the safe yield may be for the entire system or may be reported as subsets of the system. The plan shall designate which reservoirs and which intakes constitute a system for the purposes of this paragraph. The plan must report the drainage area and amount of storage available for water supply from each reservoir independently.

D. A water plan shall include, for community water systems using stream intakes, the name of the stream or river, the drainage area of the intake, the sub-basin in which the intake is located, the design capacity for average daily and designed maximum daily withdrawal from the stream, the safe yield, the lowest daily flow of record, the design capacity of the pump station, the design capacity of the water treatment plant, the capacity of the system permitted by the Department of Health, and any limitation on withdrawals established by permits issued by the board department.

E. To the extent that information is available, a water plan shall include a list of all self-supplied users of more than 300,000 gallons per month of surface water for nonagricultural uses, the name of the water body utilized, the design capacity for the average daily and maximum daily withdrawal, and any limitation on withdrawals established by permits issued by the board department, the Department of Health, or any other agency.

F. To the extent that information is available, a water plan shall include, for all self-supplied users of more than 300,000 gallons per month of ground water for nonagricultural uses, the name and identification number of the well or wells, the well depth, the casing depth, the screen depth (top and bottom) or water zones, the well diameter, the design capacity for the average daily and maximum daily withdrawal and any limitation on withdrawal established by permits issued by the board department.

G. A water plan shall include the amount of ground or surface water to be purchased from water supply systems outside the geographic boundaries of the planning area on a maximum daily and average annual basis, any contractual limitations on the purchase of the water including but not limited to the term of any contract or agreement, the recipient(s) or areas served by the water purchased, and the name(s) of the supplier(s).

H. A plan shall include the amount of water available to be purchased outside the planning area from any source with the capacity to withdraw more than 300,000 gallons per month of surface and ground water, reported on a maximum daily and average annual basis and any contractual limitations on the purchase of the water including but not limited to the term of any contract or agreement, the geographic region(s) that receive the water purchased, and the name(s) of the supplier(s).

I. A water plan shall include, to the extent possible, a list of agricultural users who utilize more than 300,000 gallons per month, an estimate of total agricultural usage by source, whether the use is irrigation or nonirrigation, and whether the source is surface or ground water.

J. A water plan shall include an estimate of the number of residences and businesses that are self-supplied by individual wells withdrawing less than 300,000 gallons per month and an estimate of the population served by individual wells.

K. When available, a water plan shall include a summary of findings and recommendations from applicable source water assessment plans or wellhead protection programs.

VA.R. Doc. No. R23-7257; Filed September 09, 2022