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2021 SPECIAL SESSION I
21101997DBe it enacted by the General Assembly of Virginia:
1. That §§ 62.1-44.15:22 and 62.1-262 of the Code of Virginia are amended and reenacted as follows:
§ 62.1-44.15:22. Water withdrawals and preservation of instream flow.
A. 1. Conditions contained in a Virginia Water
Protection Permit may include but are not limited to the volume of water
which that may be withdrawn as a part of the permitted activity and
conditions necessary to protect beneficial uses. Domestic and other existing
beneficial uses shall be considered the highest priority uses.
2. Every application for a Virginia Water Protection Permit
for a surface water withdrawal shall include a (i) water auditing plan and (ii)
leak detection and repair plan. Both such plans shall comply with requirements
established by the Board in regulations. The Board shall approve every water
auditing plan and leak detection and repair plan that complies with such
regulatory requirements. Once approved by the Board, such water auditing plan
and [ a ] leak detection and repair plan shall be
incorporated by reference as a condition in the Virginia Water Protection
Permit. The Board shall not issue a Virginia Water Protection Permit for a
surface water withdrawal without an approved water auditing plan and an
approved leak detection and repair plan.
B. Notwithstanding any other provision of law, no Virginia Water Protection Permit shall be required for any water withdrawal in existence on July 1, 1989; however, a permit shall be required if a new § 401 certification is required to increase a withdrawal. No Virginia Water Protection Permit shall be required for any water withdrawal not in existence on July 1, 1989, if the person proposing to make the withdrawal received a § 401 certification before January 1, 1989, with respect to installation of any necessary withdrawal structures to make such withdrawal; however, a permit shall be required before any such withdrawal is increased beyond the amount authorized by the certification.
C. The Board may issue an Emergency Virginia Water Protection
Permit for a new or increased withdrawal when it finds that because of drought
there is an insufficient public drinking water supply that may result in a
substantial threat to human health or public safety. Such a permit may be
issued to authorize the proposed activity only after conservation measures
mandated by local or state authorities have failed to protect public health and
safety and notification of the agencies designated in subsection C of §
62.1-44.15:20 C and only for the amount of water necessary to protect
public health and safety. These Such agencies shall have five
days to provide comments or written recommendations on the issuance of the
permit. Notwithstanding the provisions of subsection B of §
62.1-44.15:20 B, no public comment shall be required prior to issuance
of the emergency permit. Not later than 14 days after the issuance of the
emergency permit, the permit holder shall apply for a Virginia Water Protection
Permit authorized under the other provisions of this section. The
application for the such Virginia Water Protection Permit shall
be subject to public comment for a period established by the Board. Any Emergency
Virginia Water Protection Permit issued under this section shall be valid until
the Board approves or denies the subsequent request for a Virginia Water
Protection Permit or for a period of one year, whichever occurs sooner. The fee
for the emergency permit shall be 50 percent of the fee charged for a
comparable Virginia Water Protection Permit.
§ 62.1-262. Permits for other ground water withdrawals.
Any application for a ground water withdrawal permit, except
as provided in §§ § 62.1-260 and or 62.1-261 and
or subsection H of § 62.1-266, shall include a water conservation and
management plan approved by the Board. A Such water conservation
and management plan shall include: (i) the use of water-saving
plumbing and processes including, where appropriate, use of water-saving
fixtures in new and renovated plumbing as provided under the Uniform Statewide
Building Code; (ii) a water-loss reduction program; (iii) a water-use education
program; and (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 Board shall approve all
any water conservation plans in compliance plan that complies
with clauses (i) through (iv) (vi). Once approved by the Board, such
water conservation and management plan shall be incorporated by reference as a
condition in the ground water withdrawal permit. The Board shall not issue a
ground water withdrawal permit, except as provided in § 62.1-260 or 62.1-261 or
subsection H of § 62.1-266, without an approved water conservation and
management plan.
2. That the State Water Control Board (the Board) shall adopt
regulations to implement the provisions of this act. [ The initial adoption
of such regulations shall be exempt from the requirements of Article 2 (§
2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia. Such
regulations establishing requirements for water auditing plans may include (i)
a definition of water loss; (ii) procedures for developing and conducting
periodic standardized water loss audits; (iii) procedures to validate water
loss audits; (iv) recordkeeping and reporting requirements; and (v) any other
provisions necessary to implement this act. Such regulations establishing
requirements for leak detection and repair plans may include (a) requirements
for periodic surveys to monitor leakage; (b) a definition of water loss; (c) an
acceptable level of water loss; (d) requirements to monitor, calculate, and
report water loss; (e) requirements for schedules to repair infrastructure if
the acceptable level of water loss is exceeded; (f) recordkeeping and reporting
requirements, and (g) any other provision necessary to implement this act.
However, the Board shall (1) provide a Notice of Intended Regulatory Action,
(2) form a stakeholders advisory group, (3) provide a 60-day public comment
period prior to the Board's adoption of such regulations, and (4) provide a
written summary of comments received and responses to comments prior to the
Board's adoption of the regulations authorized by this act. ]
3. That the provisions of the first enactment of this act shall become effective 30 days after the adoption by the State Water Control Board of the regulations required by the second enactment of this act.