TITLE 9. ENVIRONMENT
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Proposed Regulation
Titles of Regulations: 9VAC25-210. Virginia Water Protection Permit Program Regulation (amending 9VAC25-210-300, 9VAC25-210-340).
9VAC25-610. Groundwater Withdrawal Regulations (amending 9VAC25-610-10, 9VAC25-610-100).
Statutory Authority: § 62.1-44.15 of the Code of Virginia; § 401 of the Clean Water Act (33 USC § 1251 et seq.).
Public Hearing Information:
July 10, 2024 - 11 a.m. - Bank of America Building, Third Floor Conference Room, 1111 East Main Street, Richmond, Virginia 23219.
Public Comment Deadline: July 19, 2024.
Agency Contact: Eric Seavey, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 754-6250, or email eric.seavey@deq.virginia.gov.
Basis: Section 62.1-44.15:22 of the Code of Virginia requires each application for a Virginia Water Protection Permit for surface water withdrawal to include a water auditing plan and a leak detection and repair plan and provides for the State Water Control Board to (i) promulgate regulations that establish requirements for such plans, (ii) approve such plans, and (iii) incorporate such plans by reference as a condition in the Virginia Water Protection Permit.
Section 62.1-262 of the Code of Virginia requires each application for a groundwater withdrawal permit, except as provided in § 62.1-260, 62.1-261, or 62.1-266 of the Code of Virginia, to include a water conservation and management plan, which must include (i) the use of water-saving plumbing as provided under the Virginia Uniform Statewide Building Code (13VAC5-63); (ii) a water-loss reduction program; (iii) a water-use education program; (iv) a water auditing plan that complies with requirements established by the board in regulations; (v) a leak detection and repair plan that complies with requirements established by the board in regulations; and (vi) mandatory reductions during water-shortage emergencies, including, where appropriate, ordinances prohibiting waste of water generally and providing for mandatory water-use restrictions, with penalties, during water-shortage emergencies. The section requires the board to approve any plan that meets the necessary requirements and incorporate each approved plan by reference as a condition in the groundwater withdrawal permit.
Purpose: The provisions of Chapter 100 of the 2021 Acts of Assembly, Special Session I, have an effective date of 30 days after the adoption by the board of the regulations to implement the provisions of the act. The development of these amendments will provide for the efficient use and conservation of surface water and groundwater resources for future uses and are necessary to protect the health, safety, and welfare of citizens. There are significant water losses by permitted water withdrawal users that lack adequate water auditing and leak detection and repair plans. Requiring enforceable water auditing and leak detection and repair plans achieves greater long-term conservation and sustainability of finite water resources.
Substance: Amendments to 9VAC25-210 and 9VAC25-610 include requirements for (i) water auditing plans and (ii) leak detection and repair plans, as well as amendments to conform the regulation to the requirements in § 62.1-44.15:22 A 2 of the Code of Virginia, as amended by Chapter 100 of the 2021 Acts of Assembly, Special Session I.
Issues: Advantages of the proposed regulatory change for the public, including private citizens or businesses, include water loss audit plan and leak detection and repair plan requirements for groundwater and surface water withdrawals that will provide for the efficient use and conservation of the resource. Water audit plans that capture water loss in a system will be used to inform leak detection and repair plans, thereby promoting efficiency and addressing needs for infrastructure upgrades before catastrophic leaks occur. Requiring individual groundwater withdrawal permits and surface water withdrawal permits to include these plans will help ensure that both sources of water are conserved for future uses, which is necessary to protect the health, safety, and welfare of citizens. Potential disadvantages of the proposed regulatory change for the public, including private citizens or businesses, could include the need to install meters where they do not currently exist in water systems, the need to hire consultants to conduct water audits, increased time spent on the water withdrawal application process, and time spent reporting water audit results and updating leak detection and repair plans that are informed by the audit results.
Advantages to the agency and the Commonwealth include the potential to effectively track the amount of water loss occurring in water withdrawal systems, which will enhance water supply planning efforts. Potential disadvantages could be increased staff time spent reviewing water loss audit plans and leak detection and repair plans.
Advantages to the regulated community, including public water supply, commercial and industrial users, and agricultural users, are consistent requirements for all permitted users to address water loss and the need for leak detection and repair. The intent of the water audit process, in addition to addressing water loss, is to inform the leak detection and repair plan, which will be updated to address current and future infrastructure repairs. This requirement ensures an ongoing cycle of information gathering and plan updating, which will achieve greater long-term conservation of the resource.
Department of Planning and Budget's Economic Impact Analysis:
The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.1
Summary of the Proposed Amendments to Regulation. Pursuant to Chapter 100 of the 2021 Special Session I Acts of Assembly,2 the State Water Control Board (board) proposes to require applications for groundwater and surface water withdrawal permits to include (i) a water audit plan and (ii) a leak detection and repair plan.
Background. This action applies to new and renewing groundwater and surface water withdrawal permits. The types of entities and uses involved with such permits include municipalities (e.g., drinking water), agricultural (e.g., water for feedstock, plant irrigation), commercial, industrial, mining (e.g., pulp and paper manufacturing), and hydro, fossil fuel, or nuclear power generation (e.g., reactor cooling). According to the Department of Environmental Quality (DEQ), Virginia's water resources are under increasing pressure because of population growth, economic development, and climate change. In 2017, significant groundwater withdrawal permit reductions were made in order to maintain a long-term supply of coastal groundwater. Both surface water and groundwater resources are constrained in various locations around the Commonwealth, and a number of executive and legislative reports have recommended additional actions to be taken including addressing preventable water losses.
The American Water Works Association (AWWA) is the primary national water supplier's organization. At the time of these recommendations relating to water losses were made, they developed a manual for members on best practices for addressing water loss that set a standard of no more than a 10% loss in public or private water supply systems. Over the intervening years, the manual was updated and revised because of the diversity of water supply systems and a concern related to a one-size fits all standard. Though the 10% standard does not fit well into all types of water systems, DEQ believes that it is a reasonable aspirational goal because any loss represents water resource waste, lost revenue for the water producer, unrealized economic development, and reduced pollution assimilation capacity. However, DEQ reports that data in local water supply plans indicates that many localities are not achieving industry standards for water loss. Some localities could not account for as much as 25% of their treated potable water supply. This loss represents unrealized local revenue and can be due to leaks in the distribution system, within the individual customer's system, or a problem with metering. In addition to wasting money to treat water that never reaches a beneficial use or a paying customer, inefficient use of water strains limited natural resources for other economic uses.
In order to promote overall water efficiency by minimizing water losses, Chapter 100 of the 2021 Acts of the Assembly, Special Session I, directs the board to establish requirements in regulation for groundwater and surface water withdrawal permit holders to submit (i) a water audit plan and (ii) a leak detection and repair plan. A water audit is simply a review of records and data that traces the flow of water from its withdrawal through distribution and application to the beneficial use. The water audit identifies if a user has a water loss problem. A leak detection and repair plan describes how a system will identify the location of leaks over time and how they intend to address them. The regulation does not require that all identified leaks be repaired during the permit term. The legislation further directs that once approved both plans be incorporated by reference as a condition of the permit.
Currently, the Groundwater Withdrawal Regulation (9VAC25-610) contains an application requirement to submit a water conservation and management plan that includes a water loss reduction program. Similarly, the Virginia Water Protection Permit Program Regulation (9VAC25-210), which applies to permitted surface water withdrawals, currently contains requirements to provide information on existing water conservation measures and projected demand with and without conservation measures. The mandated audit plan and leak detection and repair plan would be supplemental and bolster these existing requirements.
Estimated Benefits and Costs. The water loss audit and leak detection and repair plans are required when a permit application is submitted for a new permit or one that is due for renewal, and the data collected pursuant to the plans are to be reported every three years. Generally, the term of the water withdrawal permits is fifteen years absent unique circumstances. Thus, the incorporation of the plans into every single permit would likely take many years to implement.
The AWWA water loss audit software is the audit methodology recommended by DEQ and is free to use. According to DEQ, input provided by the members of the regulatory advisory panel indicated that the estimated cost for agricultural, municipal, and power generation users to conduct a water loss audit every three years and submit a report of the results of the audits is about $5,000 (every three years) for agricultural use permits, about $75,000 for municipal permits (total over a 15-year permit term), and potentially as much as $200,000 for a nuclear power plant (total over a 15-year permit term). These costs include the initial development of the plan, data collection, installing meters if needed, periodic plan updates, and reporting of the results. Moreover, if a municipality hires an outside entity such as a consultant, the cost estimate is about $20,000 per year in such cases. Similarly, DEQ provided a rough estimate for the leak detection and repair plan of $5,000 (every three years) for agricultural use permits, about $40,000 to $50,000 (total over a 15-year permit term) for municipal permits, and potentially as much as $300,000 for a nuclear power provider (total over a 15-year permit term). Based on these estimates, the annualized (i.e., per permit per year) cost by type of entity are $8,333 to $9,000 for municipalities that use in-house resources, $28,000 to $28,667 for municipalities that hire an outside consultant, $3,334 for agricultural users, and $33,333 for power providers. The cost estimates for other uses such as commercial and industrial are not available.3 However, these costs are relatively small compared to the value of water being processed by users. For example, withdrawals reported to DEQ in 2021 averaged approximately 4.809 million gallons per day (MGD) per facility, as calculated based on total reported withdrawals of 5.66 billion gallons per day (BGD) divided by 1,177 reporting facilities. This total volume includes cooling water withdrawals at nuclear and fossil fuel power generation facilities, which make up 77% of the total, and are largely non-consumptive use. Excluding power generation, reported withdrawals in 2021 averaged approximately 1.101 MGD per facility, as calculated based on total withdrawals of 1.27 BGD divided by 1,153 reporting facilities. According to a survey,4 2021 residential rates ranged from $0.00759 to $0.013357 per gallon. Therefore, assuming 1 MGD withdrawal priced at $0.01 per gallon, the total economic value of residential use would be approximately $3.7 million per facility per year in 2021 dollars.5 This example illustrates the relative magnitude, but is not intended to suggest that municipal water customers are only residential. In fact, many of the larger municipal systems also have significant business customers in addition to their residential customers and assess a variety of rates. These systems set rates based on the cost of withdrawing, treating, pumping, and maintaining all the necessary infrastructure, which are the primary drivers of the rates per gallon. Perhaps because the compliance costs of this mandate are relatively small, DEQ anticipates implementation of the requirement to include water audit plans and leak detection and repair plans in applications for water withdrawal permits would have a minimal economic impact on affected entities.
With the above calculations in mind, DEQ notes that the legislation directed the Board to require that water audit plans and leak detection and repair plans be incorporated in water conservation and management plans, which are a required to be submitted to obtain a groundwater withdrawal permit. As currently written, for each type of entity, water conservation and management plans require a water loss reduction program which includes requirements for an audit of the total amount of groundwater used in the system and implementation of a leak detection and repair program within one year of permit issuance. The proposed amendments to the groundwater withdrawal regulations revise the water conservation and management plan water audit and leak detection and repair requirements to be consistent with the amendments to the surface water regulation. Current groundwater permittees should already have some form of water audit and leak detection repair plan in place as part of their water conservation and management plans. Thus, DEQ anticipates that this fact will result in reduced costs to these permittees, but the amount is likely to be specific to each permittee. In addition to the costs noted, DEQ would be expending its administrative resources to review submitted plans, updates, and results. The General Assembly did not provide funding for these additional responsibilities. Thus, such administrative costs would be absorbed within DEQ's existing resources. Moreover, additional compliance costs for permittees include performing the needed repairs once leaks are identified. However, the plan does not have to show that all identified leaks be repaired during the permit term. Depending on the characteristics and the timing of the leaks, the magnitude of such costs may vary greatly and could be imminent or may be years into the future.
It is worth noting that this regulation involves water usage directly and electric generation indirectly, both of whose demand properties exhibit a unique characteristic. Generally, studies in the United States indicate that demand for fresh water is relatively insensitive to changes in price or rate, and thus consumption does not respond to changes in prices or rates to the same degree as less sensitive goods or services.6 The price insensitive demand is a characteristic associated with essential goods as opposed to non-essential or luxury goods. This suggests households do not vary their consumption of municipal water by much in response to changes in rates. Similarly, demand for water for agricultural, manufacturing, industrial, and power generation uses are relatively price insensitive. For example, an existing nuclear power generator has to have access to water for cooling regardless of the cost. Thus, the likely response from the affected permittees is to incur additional compliance costs and continue operations rather than cease their activities at least in the short term. Further, in markets that exhibit such a characteristic, it is usually easier for a supplier to pass on costs to its customers. Therefore, it is likely that most of the additional compliance costs associated with the mandated plans would be passed on to the end users by the affected municipal water treatment plants (to the extent that value of water saved is less than the cost of repairs) and electric power generators.7, 8 In contrast, the ability of farmers, manufacturers, and commercial or industrial corporations to pass on the additional costs to their customers would depend on the consumer demand characteristics of their own products, and how sensitive they are to changes in prices or rates. On the other hand, several benefits could be expected from the mandated plans. The benefits to permittees and their customers include: reduced waste (avoiding costs of treatment and pumping costs that for water that does not reach the end user); improved operational efficiency; lowered water system operational costs; reduced potential for contamination, extended life of facilities; reduced potential property damage and water system liability; reduced water outage events, etc. The broader benefits include: increased knowledge about the distribution system which can be used to respond more quickly to emergencies; increased firefighting capability; more efficient use of existing capacity and delayed capacity expansion; long-term conservation and sustainability of finite water resources; helping identify needs for infrastructure upgrades before catastrophic leaks occur; and enhancing local and regional water supply planning efforts, etc. Of special note is the fact that while the water audit plan and the leak detection and repair plan would introduce costs to the permittees and other entities involved as discussed above, this regulatory action is explicitly required by the second enactment clause of Chapter 100 of the 2021 Acts of Assembly, Special Session I. Thus, the costs and benefits discussed above cannot be directly attributed to the regulation.
Businesses and Other Entities Affected. This regulation primarily applies to groundwater and surface water withdrawal permittees. Out of approximately 370 active groundwater withdrawal permits, there are 165 municipal, 72 agricultural, 68 commercial, 24 industrial, 33 irrigation, three manufacturing, one nuclear power, and four fossil fuel plant permittees. Out of approximately 114 active Virginia water protection surface water withdrawal permits, there are 55 municipal, two agricultural, 26 commercial, nine fossil fuel power, eight hydropower, four irrigation, one manufacturing, seven mining, and two nuclear power permittees. Included in these entities are four state entities: the Department of Corrections facilities and State Parks (Department of Conservation and Recreation) have active water withdrawal permits; the Department of Veterans Services and the Virginia Institute of Marine Sciences also currently have water withdrawal permits.
The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.9 An adverse impact is indicated if there is any increase in net cost or reduction in net revenue for any entity, even if the benefits exceed the costs for all entities combined. As noted above, the proposal to require a water audit plan and a leak detection and repair plan is mandated by the legislation. This regulation by itself does not create the compliance costs associated with the mandated plans. Thus, no adverse impact from the regulation itself is indicated.
Small Businesses10 Affected.11 DEQ believes that majority of the permittees likely are not small businesses. In addition, the proposed amendments are driven by legislation and therefore the proposed regulatory changes by themselves do not appear to adversely affect small businesses.
Localities12 Affected.13 Some permit holders are counties, cities, and incorporated towns. Out of approximately 370 active groundwater withdrawal permits, there are 165 municipal permittees. Out of approximately 114 active Virginia water protection surface water withdrawal permits, there are 55 municipal permittees. However, the compliance costs associated with the required plans cannot be directly attributed to this regulation as they are mandated by the legislation. Thus, the proposed regulatory changes do not introduce costs for local governments.
Projected Impact on Employment. The proposed amendments are legislatively driven. Thus, the proposed changes do not appear to affect total employment by themselves.
Effects on the Use and Value of Private Property. Similarly, no effect on the use and value of private property or the real estate development costs from changes in regulatory requirements are expected because the changes are mandated by statute.
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1Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.
2 https://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0100 .
3 There are currently approximately 370 active groundwater withdrawal permits: 165 municipal, 72 agricultural, 68 commercial, 27 industrial, 33 irrigation, and five power generation. There are currently approximately 114 surface water withdrawal permits: 55 municipal, six agricultural, 26 commercial, eight industrial, and 19 power generation. For groundwater, the irrigation component represents watering of common areas mostly in an institutional setting, high school and college ball fields, landscaping in residential areas, parks, etc.
4 https://daa.com/wp-content/uploads/2021/11/2021-Water-and-Wastewater-Report-1.pdf.
5 $0.01x1,000,000 gallons x365 days=$3,650,000.
6 https://naes.agnt.unr.edu/PMS/Pubs/2018-3559.pdf.
7 Studies also show that demand for electricity is insensitive to price changes in the short run. See for example https://www.iaee.org/en/publications/init2.aspx?id=0.
8 Electricity rates are regulated in Virginia, but production costs are a factor in rate adjustments.
9Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.
10Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."
11If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.
12"Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.
13Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.
Agency's Response to Economic Impact Analysis: The Department of Environmental Quality has reviewed the economic impact analysis prepared by the Department of Planning and Budget and has no comment.
Pursuant to Chapter 100 of the 2021 Acts of Assembly, Special Session I, and as required by the third enactment clause of Chapter 100 to make the first enactment clause of Chapter 100 effective, the proposed amendments require that any application for a permit to withdraw surface water as provided in 9VAC25-210 or groundwater as provided in 9VAC25-610 include (i) a water auditing plan and (ii) a leak detection plan.
9VAC25-210-300. Definitions for surface water withdrawals.
The following words and terms when used in this part shall have the following meanings:
"Affected stream reach" means the portion of a surface water body beginning at the location of a withdrawal and ending at a point where effects of the withdrawal are not reasonably expected to adversely affect beneficial uses.
"Agricultural surface water withdrawal" means a withdrawal of surface water in Virginia or from the Potomac River for the purpose of agricultural, silvicultural, horticultural, or aquacultural operations. Agricultural surface water withdrawals include withdrawals for turf farm operations, but do not include withdrawals for landscaping activities, or turf installment and maintenance associated with landscaping activities.
"Consumptive use" means any use of water withdrawn from a surface water other than a nonconsumptive use.
"Drought" means the declaration of a drought stage by the Virginia Drought Coordinator or the Governor of Virginia for a particular area or locality within Virginia. Drought stage declarations include watch, warning, and emergency, depending upon severity, as defined by the Virginia Drought Assessment and Response Plan dated March 28, 2003.
"Drought of record" means the time period during which the most severe drought conditions occurred for a particular area or location, as indicated by the available hydrologic and meteorologic data.
"Emergency Virginia Water Protection Permit" means a Virginia Water Protection Permit issued pursuant to § 62.1-44.15:22 C of the Code of Virginia authorizing a new or increased surface water withdrawal to address insufficient public drinking water supplies that are caused by a drought and may result in a substantial threat to human health or public safety.
"Human consumption" means the use of water to support human survival and health, including drinking, bathing, showering, cooking, dishwashing, and maintaining hygiene.
"Instream flow" means the existing volume of water flowing in a stream or water body, including any seasonal variations of water levels and flow.
"Intake structure" means any portion of a surface water withdrawal system used to withdraw surface water that is located within the surface water, such as, but not limited to, a pipe, culvert, hose, tube, or screen.
"Major river basin" means the Potomac-Shenandoah River Basin, the Rappahannock River Basin, the York River Basin, the James River Basin, the Chowan River Basin, the Roanoke River Basin, the New River Basin, or the Tennessee-Big Sandy River Basin.
"Nonconsumptive use" means the use of water withdrawn from a surface water in such a manner that it is returned to the surface water without substantial diminution in quantity at or near the point from which it was taken and would not result in or exacerbate low flow conditions.
"Potomac River Low Flow Allocation Agreement" means the agreement among the United States of America, the State of Maryland, the Commonwealth of Virginia, the District of Columbia, the Washington Suburban Sanitation Commission, and the Fairfax County Water Authority dated January 11, 1978, consented to by the United States Congress in § 181 of the Water Resources Development Act of 1976, Public Law 94-587, as modified on April 22, 1986.
"Public water supply" means a withdrawal of surface water in Virginia or from the Potomac River for the production of drinking water, distributed to the general public for the purpose of, but not limited to, domestic use.
"Public water supply emergency" means a substantial threat to public health or safety due to insufficient public drinking water supplies caused by drought.
"Section for Cooperative Water Supply Operations on the Potomac" means a section of the Interstate Commission on the Potomac River Basin designated by the Water Supply Coordination Agreement as responsible for coordination of water resources during times of low flow in the Potomac River.
"Surface water withdrawal" means a removal or diversion of surface water in Virginia or from the Potomac River for consumptive or nonconsumptive use thereby altering the instream flow or hydrologic regime of the surface water. Projects that do not alter the instream flow or that alter the instream flow but whose sole purpose is flood control or stormwater management are not included in this definition.
"Surface water withdrawal system" means any device or combination of devices used to withdraw surface water such as, but not limited to, a machine, pump, culvert, hose, tube, screen, or fabricated concrete or metal structure.
"Variance" means a mechanism that allows temporary waiver of the generally applicable withdrawal limitation requirements or instream flow conditions of a VWP permit during a drought.
"Water loss" means the difference between the estimated or measured volume of water withdrawn and the estimated or measured volume applied to the beneficial use.
"Water loss audit" means the review of records and data that traces the flow of water from its withdrawal through distribution and application to the beneficial use.
"Water Supply Coordination Agreement" means the agreement among the United States of America, the Fairfax County Water Authority, the Washington Suburban Sanitary Commission, the District of Columbia, and the Interstate Commission on the Potomac River Basin, dated July 22, 1982, which establishes agreement among the suppliers to operate their respective water supply systems in a coordinated manner and which outlines operating rules and procedures for reducing impacts of severe droughts in the Potomac River Basin.
"Water supply plan" means a document developed in compliance with 9VAC25-780.
9VAC25-210-340. Application requirements for surface water withdrawals.
A. Persons proposing to initiate a new or expanded surface water withdrawal not excluded from requirements of this chapter by 9VAC25-210-310, proposing to reapply for a current permitted withdrawal, or a Federal Energy Regulatory Commission (FERC) license or relicense associated with a surface water withdrawal, shall apply for a VWP permit.
B. In addition to informational requirements of 9VAC25-210-80 B and if applicable, 9VAC25-210-80 C, applications for surface water withdrawals or a FERC license or relicense associated with a surface water withdrawal shall include:
1. As part of identifying the project purpose, a narrative describing the water supply issues that form the basis of the proposed project purpose.
2. The drainage area, the average annual flow and the median monthly flows at the withdrawal point, and historical low flows, if available.
3. The average daily withdrawal; the maximum daily, monthly, annual, and instantaneous withdrawals; and information on the variability of the demand by season. If the project has multiple intake structures, provide for each individual intake structure and the cumulative volumes for the entire surface water withdrawal system.
4. The monthly consumptive use volume in million gallons and the average daily return flow in million gallons per day of the proposed project and the location of the return flow, including the latitude and longitude and the drainage area in square miles at the discharge point.
5. Information on flow dependent beneficial uses along the affected stream reach. For projects that propose a transfer of water resources from a major river basin to another major river basin, this analysis should include both the source and receiving basins.
a. Evaluation of the flow dependent instream and offstream beneficial uses. Instream beneficial uses include, but are not limited to, the protection of fish and wildlife habitat, maintenance of waste assimilation, recreation, navigation, and cultural and aesthetic values. Offstream beneficial uses include, but are not limited to, domestic (including public water supply), agricultural, electric power generation, and commercial and industrial uses.
b. The aquatic life, including species and habitat requirements.
c. How the proposed withdrawal will alter flows.
6. Information on the proposed use of and need for the surface water and information on how demand for surface water was determined (e.g., per capita use, population growth rates, new uses, changes to service areas, and if applicable, acreage irrigated and evapotranspiration effects). If during the water supply planning process, the need for the withdrawal was established, the applicant may submit the planning process information, provided that the submittal addresses all requirements of 9VAC25-210-360. The department shall deem such a submittal as meeting the requirements of this subsection. For surface water withdrawals for public water supply, see also 9VAC25-780-100 and 9VAC25-780-130.
7. Information describing the intake structure, to include intake screen mesh size and intake velocity.
8. For withdrawals proposed from an impoundment, the following:
a. Description of the flow or release control structures, including the minimum rate of flow, in cubic feet per second, size and capacity of the structure, and the mechanism to control the release.
b. Surface area in acres, maximum depth in feet, normal pool elevation, total storage capacity, and unusable storage volume in acre-feet.
c. The stage-storage relationship. For example, the volume of water in the impoundment at varying stages of water depth.
9. Whether the proposed surface water withdrawal is addressed in the water supply plan that covers the area in which the withdrawal is proposed to be located. If the proposed withdrawal is included, provide a discussion as to how the proposed withdrawal is addressed in the water supply plan, specifically in terms of projected demand, analysis of alternatives, and water conservation measures. If all or a portion of the withdrawn water will be transferred to an area not covered by the plan, the discussion shall also include the water supply plan for the area of the receiving watershed.
10. An alternatives analysis for the proposed surface water withdrawal, including at a minimum, the criteria in 9VAC25-210-360.
11. For new or expanded surface water withdrawals proposing to withdraw 90 million gallons a month or greater, a summary of the steps taken to seek public input as required by 9VAC25-210-320 and an identification of the issues raised during the course of the public information meeting process.
12. For new or expanded surface water withdrawals that involve a transfer of water between major river basins that may impact a river basin in another state, a plan describing procedures to notify potentially affected persons, both in and outside of Virginia, of the proposed project.
13. For surface water withdrawals, other than for public water supply, information to demonstrate that alternate sources of water supply are available to support the operation of the facility during times of reduced instream flow.
14. For surface water withdrawals for public water supply, a water auditing plan for an annual water loss audit in accordance with the American Water Works Association (AWWA) methodology for water loss auditing using the most recent version of the AWWA Water Audit Software or another methodology approved by the department that estimates water loss.
a. A water loss audit using an approved methodology shall be conducted annually. The requirement to conduct an annual water loss audit shall begin upon permit issuance. By the end of the first year of the permit term, the permittee shall submit documentation to the department that the water loss audit has been initiated. This documentation shall include activities completed during the first year of the permit term.
b. The applicant shall report the results of the annual water loss audits in a report submitted at a minimum of every three years.
15. For surface water withdrawals for public water supply, a leak detection and repair plan shall be submitted. The leak detection and repair plan shall indicate how its implementation will be informed by the results of the annual water loss audit process and shall be updated during each new permit term. The plan shall include:
a. A description of how the water loss audit results are expected to inform prioritization of actions to address water loss;
b. Where practicable, a process for the identification of equipment needs to quantify and reduce water loss;
c. Where practicable, a schedule for inspection of equipment and distribution systems for actual water losses; and
d. In the report required by subdivision B 14 b of this section, a description of the plan's effectiveness in addressing water loss, including revisions to those elements of the leak detection and repair plan that can be improved over the short and long term.
16. For surface water withdrawals for commercial and industrial users, a water auditing plan for a water loss audit to be conducted beginning in the first three years of the permit term. The plan shall include a description of the methodology used to determine the water loss for the operation and the quantity of water used throughout the facility.
a. A water audit using this methodology shall be conducted once every three years. The requirement to conduct a water loss audit shall begin upon permit issuance. The permittee shall submit documentation to include activities completed during the first three years of the permit term.
b. The applicant shall conduct a water loss audit and report the results of the water loss audits in a report submitted every three years.
17. For surface water withdrawals for commercial and industrial users, a leak detection and repair plan shall be submitted. The leak detection and repair plan shall indicate how its implementation will be informed by the results of the water loss audit process and shall be updated during each new permit term. The plan shall include:
a. A description of how the water audit results are expected to inform prioritization of actions to address water loss;
b. Where practicable, a process for the identification of equipment needs to quantify and reduce water loss;
c. Where practicable, a schedule for inspection of equipment and piping systems for actual water losses; and
d. In the report required by subdivision B 16 b of this section, a description of the leak detection and repair plan's effectiveness in addressing water loss, including revisions to those elements of the leak detection and repair plan that can be improved over the short and long term.
18. For surface water withdrawals for agricultural users, a water auditing plan for an annual water loss audit that shall be conducted annually or periodically based on agricultural management plans or irrigation management plans, including the anticipated crop rotation schedule or livestock growth stages. The water auditing plan shall include an estimate of water loss for the agricultural operation and a description of the methodology used to determine the quantity of water used throughout the agricultural operation.
a. A water audit using this methodology shall be conducted. The requirement to conduct a water loss audit shall begin upon permit issuance. By the end of the first year of the permit term, the permittee shall submit documentation to the department that the water loss audit has been initiated. This documentation shall include activities completed during the first year of the permit term.
b. The applicant shall report the results of the water loss audit in a report submitted at a minimum every three years.
19. For surface water withdrawals for agricultural users, a leak detection and repair plan shall be submitted. The leak detection and repair plan shall indicate how its implementation will be informed by the results of the water loss audit process and shall be updated during each new permit term. The plan shall include:
a. A description of how the water audit results are expected to inform prioritization of actions to address water loss;
b. Where practicable, a schedule for inspection of equipment and distribution systems for actual water losses; and
c. In the report required by subdivision B 18 b of this section, a description of the leak detection and repair plan's effectiveness in addressing water loss, including revisions to those elements of the leak detection and repair plan that can be improved over the short and long term.
C. Applications for an Emergency Virginia Water Protection Permit.
1. Applications for an Emergency Virginia Water Protection Permit to address a public water supply emergency shall include the information noted in subdivisions 1 a through 1 o of this subsection. The JPA may be used for emergency application purposes, provided that all of the information in subdivisions 1 a through 1 o of this subsection is included:
a. The applicant's legal name, mailing address, telephone number, and if applicable, fax number and electronic mail email address;
b. If different from applicant, name, mailing address, telephone number, and if applicable, fax number and electronic mail email address of property owner;
c. If applicable, authorized agent's name, mailing address, telephone number, and if applicable, fax number and electronic mail email address;
d. Name of water body or water bodies, or receiving waters, as applicable;
e. Name of the city or county where the project occurs;
f. Signed and dated signature page (electronic submittals containing the original signature page, such as that contained in a scanned document file are acceptable);
g. Permit application fee in accordance with 9VAC25-20;
h. The drainage area, the average annual flow and the median monthly flows at the withdrawal point, and historical low flows, if available;
i. Information on the aquatic life along the affected stream reach, including species and habitat requirements;
j. Recent and current water use, including monthly water use in the previous calendar year and weekly water use in the previous six months prior to the application. The application shall identify the sources of such water and also identify any water purchased from other water suppliers;
k. A description of the severity of the public water supply emergency, including (i) for reservoirs, an estimate of days of remaining supply at current rates of use and replenishment; (ii) for wells, current production; and (iii) for intakes, current streamflow;
l. A description of mandatory water conservation measures taken or imposed by the applicant and the dates when the measures were implemented; for the purposes of obtaining an Emergency Virginia Water Protection Permit, mandatory water conservation measures shall include, but not be limited to, the prohibition of lawn and landscape watering, vehicle washing, watering of recreation fields, refilling of swimming pools, and washing of paved surfaces;
m. An estimate of water savings realized by implementing mandatory water conservation measures;
n. Documentation that the applicant has exhausted all management actions that would minimize the threat to public welfare, safety, and health and will avoid the need to obtain an emergency permit, and that are consistent with existing permit limitations; and
o. Any other information that demonstrates that the condition is a substantial threat to public health or safety.
2. Within 14 days after the issuance of an Emergency Virginia Water Protection Permit, the permit holder shall apply for a VWP permit under the other provisions of this chapter.
9VAC25-610-10. Definitions.
Unless a different meaning is required by the context, the following terms as used in this chapter shall have the following meanings:
"Act" means the Ground Water Management Act of 1992, Chapter 25 (§ 62.1-254 et seq.) of Title 62.1 of the Code of Virginia.
"Adverse impact" means reductions in groundwater levels or changes in groundwater quality that limit the ability of any existing groundwater user lawfully withdrawing or authorized to withdraw groundwater at the time of permit or special exception issuance to continue to withdraw the quantity and quality of groundwater required by the existing use. Existing groundwater users include all those persons who have been granted a groundwater withdrawal permit subject to this chapter and all other persons who are excluded from permit requirements by 9VAC25-610-50.
"Agricultural use" means utilizing groundwater for the purpose of agricultural, silvicultural, horticultural, or aquacultural operations. Agricultural use includes withdrawals for turf farm operations, but does not include withdrawals for landscaping activities or turf installment and maintenance associated with landscaping activities.
"Applicant" means a person filing an application to initiate or enlarge a groundwater withdrawal in a groundwater management area.
"Area of impact" means the areal extent of each aquifer where more than one foot of drawdown is predicted to occur due to a proposed withdrawal.
"Beneficial use" includes domestic (including public water supply), agricultural, commercial, and industrial uses.
"Board" means the State Water Control Board. When used outside the context of the promulgation of regulations, including regulations to establish general permits, "board" means the Department of Environmental Quality.
"Consumptive use" means the withdrawal of groundwater, without recycle of said waters to their source of origin.
"Controversial permit" means a water permitting action for which a public hearing has been granted pursuant to 9VAC25-610-270 and 9VAC25-610-275.
"Department" means the Department of Environmental Quality.
"Director" means the Director of the Department of Environmental Quality.
"Draft permit" means a prepared document indicating the department's tentative decision relative to a permit action.
"General permit" means a groundwater withdrawal permit authorizing the withdrawal of groundwater in a groundwater management area under specified conditions, including the size of the withdrawal or the aquifer or confining unit from which the withdrawal is to be made.
"Geophysical investigation" means any hydrogeologic evaluation to define the hydrogeologic framework of an area or determine the hydrogeologic properties of any aquifer or confining unit to the extent that withdrawals associated with such investigations do not result in unmitigated adverse impacts to existing groundwater users. Geophysical investigations include pump tests and aquifer tests.
"Groundwater" 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 this Commonwealth, whatever the subsurface geologic structure in which such water stands, flows, percolates, or otherwise occurs.
"Human consumption" means the use of water to support human survival and health, including drinking, bathing, showering, cooking, dishwashing, and maintaining hygiene.
"Instream beneficial uses" means uses including the protection of fish and wildlife resources and habitat, maintenance of waste assimilation, recreation, navigation, and cultural and aesthetic values. The preservation of instream flows for purposes of the protection of navigation, maintenance of waste assimilation capacity, the protection of fish and wildlife resources and habitat, recreation, and cultural and aesthetic values is an instream beneficial use of Virginia's waters.
"Mitigate" means to take actions necessary to assure ensure that all existing groundwater users at the time of issuance of a permit or special exception who experience adverse impacts continue to have access to the amount and quality of groundwater needed for existing uses.
"Permit" means a groundwater withdrawal permit issued under the Ground Water Management Act of 1992 permitting the withdrawal of a specified quantity of groundwater under specified conditions in a groundwater management area.
"Permittee" means a person that currently has an effective groundwater withdrawal permit issued under the Ground Water Act of 1992.
"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 this Commonwealth or any other state or country.
"Practicable" means available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes.
"Private well" means, as defined in § 32.1-176.3 of the Code of Virginia, any water well constructed for a person on land that is owned or leased by that person and is usually intended for household, groundwater source heat pump, agricultural use, industrial use, or other nonpublic water well.
"Public hearing" means a fact finding fact-finding proceeding held to afford interested persons an opportunity to submit factual data, views, and comments to the department.
"Public water supply" means a system that provides water for human consumption through pipes or other constructed conveyances to at least 15 service connections or serves an average of at least 25 people for at least 60 days a year. A public water supply may be publicly or privately owned.
"Salt water intrusion" means the encroachment of saline waters in any aquifer that creates adverse impacts to existing groundwater users or is counter to the public interest.
"Special exception" means a document issued by the department for withdrawal of groundwater in unusual situations where requiring the user to obtain a groundwater withdrawal permit would be contrary to the purpose of the Ground Water Management Act of 1992. Special exceptions allow the withdrawal of a specified quantity of groundwater under specified conditions in a groundwater management area.
"Supplemental drought relief well" means a well permitted to withdraw a specified amount of groundwater to meet human consumption needs during declared drought conditions after mandatory water use restrictions have been implemented.
"Surface water" means all state waters that are not groundwater as groundwater is defined in § 62.1-255 of the Code of Virginia.
"Surface water and groundwater conjunctive use system" means an integrated water supply system wherein surface water is the primary source and groundwater is a supplemental source that is used to augment the surface water source when the surface water source is not able to produce the amount of water necessary to support the annual water demands of the system.
"Surficial aquifer" means the upper surface of a zone of saturation, where the body of groundwater is not confined by an overlying impermeable zone.
"Water loss" means the difference between the estimated or measured volume of water withdrawn and the estimated or measured volume applied to the beneficial use.
"Water loss audit" means the review of records and data that traces the flow of water from its withdrawal through distribution and application to the beneficial use.
"Water well systems provider" means any individual who is certified by the Board for Contractors in accordance with § 54.1-1128 et seq. of the Code of Virginia and who is engaged in drilling, installation, maintenance, or repair of water wells, water well pumps, ground source heat exchangers, and other equipment associated with the construction, removal, or repair of water wells, water well systems, and ground source heat pump exchangers to the point of connection to the ground source heat pump.
"Well" means any artificial opening or artificially altered natural opening, however made, by which groundwater is sought or through which groundwater flows under natural pressure or is intended to be withdrawn.
"Withdrawal system" means (i) one or more wells or withdrawal points located on the same or contiguous properties under common ownership for which the withdrawal is applied to the same beneficial use or (ii) two or more connected wells or withdrawal points that are under common ownership but are not necessarily located on contiguous properties.
9VAC25-610-100. Water conservation and management plans.
A. Any application to initiate a new withdrawal or expand an existing withdrawal in any groundwater management area or the reapplication at the end of a permit cycle for all permits shall require a water conservation and management plan before the application or reapplication is considered complete. The department shall review all water conservation and management plans and assure ensure that such plans contain all elements required in subsection B of this section. The approved plan shall become an enforceable part of the approved permit.
B. A water conservation and management plan is an operational plan to be referenced and implemented by the permittee. Water conservation and management plans shall be consistent with local and regional water supply plans in the applicant's geographic area developed as required by 9VAC25-780. The water conservation and management plan shall be specific to the type of water use and include the following:
1. For municipal and nonmunicipal public water supplies a public water supply, the required water conservation and management plan shall include:
a. Where practicable, the plan should require use of water-saving equipment and processes for all water users including technological, procedural, or programmatic improvements to the facilities and processes to decrease the amount of water withdrawn or to decrease water demand. The goal of these requirements is to assure the most efficient use of groundwater. Information on the water-saving alternatives examined and the water savings associated with the alternatives shall be provided. Water conservation and management plans shall discuss high volume water consumption by users on the system and where conservation measures have previously been implemented and shall be applied. Also, where appropriate, the use of water-saving fixtures in new and renovated plumbing as provided in the Uniform Statewide Building Code (13VAC5-63) shall be identified in the plan; A water auditing plan for an annual water loss audit in accordance with the American Water Works Association (AWWA) methodology for water loss auditing, using the most recent version of the AWWA Water Audit Software or another methodology approved by the department that estimates water loss.
(1) A water loss audit using an approved methodology shall be conducted annually. The requirement to conduct an annual water loss audit shall begin upon permit issuance. By the end of the first year of the permit term, the permittee shall submit documentation to the department that the water loss audit has been initiated. This documentation shall include activities completed during the first year of the permit term.
(2) The applicant shall report the results of the annual water loss audits in a report submitted at a minimum every three years. The report shall also include any revisions to the water auditing plan over the short and long term.
b. A water loss reduction program, which defines the applicant's leak detection and repair program. The water loss reduction program plan shall include requirements for an audit of the total amount of groundwater used in the distribution system and operational processes during the first two years of the permit cycle. Implementation of a be submitted as a component of the water conservation and management plan. The leak detection and repair program plan shall be required within one year of the date the permit is issued. The program shall include a schedule for inspection of equipment and piping for leaks; indicate how its implementation will be informed by the results of the annual water loss audit process and shall be updated during each new permit term. The plan shall include:
(1) A description of how the water loss audit results are expected to inform prioritization of actions to address water loss;
(2) Where practicable, a process for the identification of equipment needs to quantify and reduce water loss;
(3) Where practicable, a schedule for inspection of equipment and distribution systems for actual water losses; and
(4) In the report required by subdivision 1 a (2) of this subsection, a description of the leak detection and repair plan's effectiveness in addressing water loss, including revisions to those elements of the leak detection and repair plan that can be improved over the short and long term.
c. Other components of a water conservation and management plan include:
(1) A water use education program that contains requirements for the education of water users and training of employees controlling water consuming processes to assure ensure that water conservation principles are well known by the users of the resource. The program shall include a schedule for information distribution and the type of materials used;
d.and
e. (3) Where practicable, a requirement for the use of water-saving equipment and processes for all water users, including technological, procedural, or programmatic improvements to the facilities and processes to decrease the amount of water withdrawn or to decrease water demand. Information on the water-saving alternatives examined and the water savings associated with the alternatives shall be provided. Water conservation and management plans shall discuss high volume water consumption by users on the system and where conservation measures have previously been implemented and shall be applied. Where appropriate, the use of water-saving fixtures in new and renovated plumbing, as provided in the Virginia Uniform Statewide Building Code (13VAC5-63), shall also be identified in the plan; and
(4) Requirements for mandatory water use reductions during water shortage emergencies declared by the local governing body or water authority consistent with §§ 15.2-923 and 15.2-924 of the Code of Virginia. This shall include, where appropriate, ordinances in municipal systems prohibiting the waste of water generally and requirements providing for mandatory water use restrictions in accordance with drought response and contingency ordinances implemented to comply with 9VAC25-780-120 during water shortage emergencies. The water conservation and management plan shall also contain requirements for mandatory water use restrictions during water shortage emergencies that restricts or prohibits all nonessential uses such as lawn watering, car washing, and similar nonessential residential, industrial, and commercial uses for the duration of the water shortage emergency. Penalties for failure to comply with mandatory water use restrictions shall be included in municipal system plans.
2. For nonpublic water supply applicants - a commercial and industrial users user, the required water conservation and management plan shall include:
a. Where applicable, the plan should require use of water-saving equipment and processes for all water users including technological, procedural, or programmatic improvements to the facilities and processes to decrease the amount of water withdrawn or to decrease water demand. The goal of these requirements is to assure the most efficient use of groundwater. Information on the water-saving alternatives examined and the water savings associated with the alternatives shall be provided. Also, where appropriate, the use of water-saving fixtures in new and renovated plumbing as provided in the Uniform Statewide Building Code (13VAC5-63) shall be identified in the plan; A water auditing plan for a water loss audit to be conducted beginning in the first three years of the permit term. The plan shall include a description of the methodology used to estimate the water loss for the operation and the quantity of water used throughout the facility.
(1) A water loss audit using this methodology shall be conducted once every three years. The requirement to conduct a water loss audit shall begin upon permit issuance. Documentation shall include activities completed during the first three years of the permit term.
(2) The applicant shall conduct a water loss audit and report the results of the water loss audit in a report submitted every three years.
b. A water loss reduction program, which defines the applicant's leak detection and repair program. The water loss reduction program plan shall include requirements for an audit of the total amount of groundwater used in the distribution system and operational processes during the first two years of the permit cycle. Implementation of a be submitted as a component of the water conservation and management plan. The leak detection and repair program shall be required within one year of the date the permit is issued plan shall indicate how its implementation will be informed by the results of the water loss audit process and shall be updated during each new permit term. The program plan shall include a schedule for inspection of equipment and piping for leaks;:
(1) A description of how the water loss audit results are expected to inform prioritization of actions to address water loss;
(2) Where practicable, a process for the identification of equipment needs to quantify and reduce water loss;
(3) Where practicable, a schedule for inspection of equipment and piping systems for actual water losses;
(4) Where practicable, a requirement for use of water-saving equipment and processes including technological, procedural, or programmatic improvements to the facilities and processes to decrease the amount of water withdrawn or to decrease water demand. The goal of these requirements is to ensure the most efficient use of groundwater. Information on the water-saving alternatives examined and the water savings associated with the alternatives shall be provided. Water conservation and management plans shall discuss high volume water processes in the facility and where conservation measures have previously been implemented and shall be applied. Where appropriate, the use of water-saving fixtures in new and renovated plumbing, as provided in the Virginia Uniform Statewide Building Code, shall also be identified in the plan; and
(5) In the report required by subdivision 2 a (2) of this subsection, a description of the plan's effectiveness in addressing water loss, including revisions to those elements of the water conservation and management plan that can be improved over the short and long term.
c. Other components of a water conservation and management plan include:
(1) A water use education program that contains requirements for the education of water users and training of employees controlling water consuming processes to assure ensure that water conservation principles are well known by the users of the resource. The program shall include a schedule for information distribution and the type of materials used;
d.and
e. (3) Where practicable, actions to encourage or provide incentives for the use of water-saving fixtures in new and renovated plumbing, as provided under the Virginia Uniform Statewide Building Code, shall be identified in the plan; and
(4) Requirements for complying with mandatory water use reductions during water shortage emergencies declared by the local governing body or water authority in accordance with §§ 15.2-923 and 15.2-924 of the Code of Virginia. This shall include, where appropriate, ordinances prohibiting the waste of water generally and requirements providing for mandatory water use restrictions in accordance with drought response and contingency ordinances implemented to comply with 9VAC25-780-120 during water shortage emergencies. The water conservation and management plan shall also contain requirements for mandatory water use restrictions during water shortage emergencies that restricts or prohibits all nonessential uses such as lawn watering, car washing, and similar nonessential industrial and commercial uses for the duration of the water shortage emergency.
3. For nonpublic water supply applicants - an agricultural users user, the required water conservation and management plan shall include:
a. Requirements for the use of water-saving plumbing and processes to decrease the amount of water withdrawn or to decrease water demand. Plans submitted for the use of groundwater for irrigation shall identify the specific type of irrigation system that will be utilized, the efficiency rating of the irrigation system in comparison to less efficient systems, the irrigation schedule used to minimize water demand, and the crop watering requirements. Multiple types of irrigation methods may be addressed in the plan. For livestock watering operations, plans shall include livestock watering requirements (per head) and processes to minimize waste of water. These requirements shall assure that the most practicable use is made of groundwater. If these options are not implemented in the plan, information on the water-saving alternatives examined and the water savings associated with the alternatives shall be provided; A water auditing plan for an annual water loss audit that shall be conducted annually or periodically based on agricultural management plans or irrigation management plans, including the anticipated crop rotation schedule or livestock growth stages. The water auditing plan shall include an estimate of water loss for the agricultural operation and a description of the methodology used to determine the quantity of water used throughout the agricultural operation.
(1) A water loss audit using this methodology shall be conducted. The requirement to conduct a water loss audit shall begin upon permit issuance. By the end of the first year of the permit term, the permittee shall submit documentation to the department that the water loss audit has been initiated. This documentation shall include activities completed during the first year of the permit term.
(2) The applicant shall report the results of the water loss audit in a report submitted at a minimum every three years.
b. A water loss reduction program, which defines the applicant's leak detection and repair program. The water loss reduction program plan shall include requirements for an audit of the total amount of groundwater used in the distribution system and operational processes during the first two years of the permit cycle. Implementation of a be submitted as a component of the water conservation and management plan. The leak detection and repair program plan shall be required within one year of the date the permit is issued. The program shall include a schedule for inspection of equipment and piping for leaks;:
(1) A description of how the water loss audit results are expected to inform prioritization of actions to address water loss;
(2) For plans submitted for the use of groundwater for irrigation, identification of the specific type of irrigation system that will be utilized, the efficiency rating of the irrigation system in comparison to less efficient systems, the irrigation management methods used to minimize water demand, and the anticipated crop watering requirements. Multiple types of irrigation methods may be addressed in the plan. For livestock watering operations, plans shall include livestock watering requirements (per head) and processes to minimize waste of water. If these options are not implemented in the plan, information on the water-saving alternatives examined and the water savings associated with the alternatives shall be provided;
(3) Where practicable, a schedule for inspection of equipment and distribution systems for water loss;
(4) Where practicable, the use of water-saving equipment and processes, including technological, procedural, or programmatic improvements to the facilities and processes to decrease the amount of water withdrawn or to decrease water loss. The goal of these requirements is to ensure the most efficient use of groundwater. Information on the water-saving alternatives examined and the water savings associated with the alternatives should be provided. Water conservation and management plans shall discuss high volume water consumption by processes in the agricultural operation and where conservation measures have previously been implemented and shall be applied. Where practicable, the use of water-saving fixtures in new and renovated plumbing, as provided in the Virginia Uniform Statewide Building Code, shall also be identified in the plan; and
(5) In the report required by subdivision 3 a (2) of this subsection, a description of the leak detection and repair plan's effectiveness in addressing water loss, including revisions to those elements of the leak detection and repair plan that can be improved over the short and long term.
c. Other components of a water conservation and management plan include:
(1) A water use education program that contains requirements for the training of employees controlling water consuming processes to assure ensure that water conservation principles are well known by the users of the resource. The program shall include a schedule for training employees. This requirement may be met through training employees on water use requirements contained in irrigation management plans or livestock management plans;
d.;. Potential for expansion of the existing reuse practices or adoption of additional reuse practices shall also be included; and
e. (3) Requirements for mandatory water use reductions during water shortage emergencies and compliance with ordinances prohibiting the waste of water generally. This shall include requirements providing for mandatory water use restrictions in accordance with drought response and contingency ordinances implemented to comply with 9VAC25-780-120 during water shortage emergencies. f.; and
(4) The permittee may submit portions of Agricultural Management Plans or Irrigation Management Plans developed to comply with requirements of federal or state laws, regulations, or guidelines to demonstrate the requirements of subdivisions B 3 a through d B 3 c (3) of this section are being achieved.
VA.R. Doc. No. R22-6942; Filed April 30, 2024