Virginia HB 211: Ground water withdrawal permit term; lengthening to 15 years, permit fee.

Bill Text

Bill Tracking - 2018 session > Legislation 

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2018 SESSION

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18100685D

HOUSE BILL NO. 211 

Offered January 10, 2018 

Prefiled December 29, 2017 

A BILL to amend and reenact �� 62.1-266 and 62.1-267 of the 
 Code of Virginia, relating to ground water withdrawal permit; 15-year term. 
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Patrons-- Wright, Brewer and Jones, S.C. 

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Referred to Committee on Agriculture, Chesapeake and Natural Resources 

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Be it enacted by the General Assembly of Virginia:

1. That �� 62.1-266 and 62.1-267 of the Code of Virginia are 
 amended and reenacted as follows:

� 62.1-266. Ground water withdrawal permits.

A. The Board may issue any ground water withdrawal permit upon 
 terms, conditions, 
 and limitations necessary for the protection of the public welfare, safety, and health.

B. Applications for ground water withdrawal permits shall be 
 in a form prescribed by the Board and shall contain such information, 
 consistent with this chapter, as the Board deems necessary.

C. All ground water withdrawal permits issued by the Board 
 under this chapter shall have a fixed term not to exceed 
 ten 15 
 years. The term of a ground water withdrawal permit issued by the Board shall 
 not be extended by modification beyond the maximum duration, and the permit 
 shall expire at the end of the term unless a complete application for a new 
 permit has been filed in a timely manner as required by the regulations of the 
 Board, and the Board is unable, through no fault of the permittee, to issue a 
 new permit before the expiration date of the previous permit. Any permit to withdraw ground water issued by the 
 Board on or after July 1, 1991, and prior to July 1, 1992, shall expire ten 
 years after the date of its issuance.

D. Renewed ground water withdrawal permits shall be for a 
 withdrawal amount that includes such savings as can be demonstrated to have 
 been achieved through water conservation, provided that a beneficial use of the 
 permitted ground water can be demonstrated for the following permit term.

E. Any permit issued by the Board under this chapter may, 
 after notice and opportunity for a hearing, be amended or revoked on any of the 
 following grounds or for good cause as may be provided by the regulations of 
 the Board:

1. The permittee has violated any regulation or order of the 
 Board pertaining to ground water, any condition of a ground water withdrawal 
 permit, any provision of this chapter, or any order of a court, where such 
 violation presents a hazard or potential hazard to human health or the 
 environment or is representative of a pattern of serious or repeated violations which 
 that, in the opinion of the Board, demonstrates the 
 permittee's disregard for or inability to comply with applicable laws, 
 regulations, or requirements;

2. The permittee has fai