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9 VAC 25-780

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9 VAC 25-780

November 2, 2005 Final Regulations

    D. The review required by 9 VAC 25-780-140 shall not be a TITLE 9. ENVIRONMENT prerequisite for applying for a permit from the Commonwealth

    of Virginia for a water supply project.

    STATE WATER CONTROL BOARD 9 VAC 25-780-20. Purpose of chapter. Title of Regulation: 9 VAC 25-780. Local and Regional The purpose of this chapter is to establish a comprehensive Water Supply Planning (adding 9 VAC 25-780-10 through water supply planning process for the development of local, 9 VAC 25-780-190). regional, and state water supply plans. This process shall be

    designed to (i) ensure that adequate and safe drinking water Statutory Authority: ?? 62.1-44.15 and 62.1-44.38:1 of the is available to all citizens of the Commonwealth; (ii) Code of Virginia. encourage, promote, and protect all other beneficial uses of Effective Date: November 2, 2005. the Commonwealth's water resources; and (iii) encourage,

    promote, and develop incentives for alternative water sources, Agency Contact: Scott Kudlas, Department of Environmental including but not limited to desalinization. Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804)

    698-4456, FAX (804) 698-4347, or e-mail This chapter establishes the required planning process and scott.kudlas@deq.virginia.gov. criteria that local governments shall use in the development of

    the local and regional plans. Summary:

    9 VAC 25-780-30. Definitions. The regulation establishes a planning process and criteria

    that all local governments will use in the development of Unless otherwise defined in this chapter or unless the context local or regional water plans. These plans will be reviewed clearly indicates otherwise, the terms used in this regulation by the Department of Environmental Quality and a shall have the meanings ascribed to them by the State Water determination will be made by the State Water Control Control Law, Chapter 3.1 (? 62.1-44.2 et seq.) of Title 62.1 of Board on whether the plans comply with this regulation. the Code of Virginia; the Ground Water Management Act of Within five years of a compliance determination by the 1992, Chapter 2.5 (? 62.1-254 et seq.) of Title 62.1 of the board, the plans will be reviewed to assess adequacy and Code of Virginia; the Virginia Water Protection Permit significant changes will require the submission of an Regulation, 9 VAC 25-210 (2004); and the Surface Water amended plan and review by the board. All local programs Management Area Regulation, 9 VAC 25-220 (2004), will be reviewed, revised and resubmitted to the including any general permits issued thereunder. Department of Environmental Quality every 10 years after "Beneficial use" means both in-stream and off-stream uses. the last approval. In-stream beneficial uses include, but are not limited to, the

    protection of fish and wildlife habitat, maintenance of waste Summary of Public Comments and Agency's Response: A assimilation, recreation, navigation, and cultural and aesthetic summary of comments made by the public and the agency's values. Off-stream beneficial uses include, but are not limited response may be obtained from the promulgating agency or to, domestic (including public water supply), agricultural, viewed at the office of the Registrar of Regulations. electric power generation, and commercial and industrial uses. CHAPTER 780. "Board" means the State Water Control Board. LOCAL AND REGIONAL WATER SUPPLY PLANNING.

    "Community water system" means a waterworks that serves 9 VAC 25-780-10. Application. at least 15 service connections used by year-round residents A. All counties, cities and towns (hereinafter "local or regularly serves at least 25 year-round residents, and is governments") in the Commonwealth of Virginia shall submit regulated by the Virginia Department of Health Waterworks a local water supply plan or shall participate in a regional Regulation (12 VAC 5-590). planning unit in the submittal of a regional water supply plan "Conservation" means practices, techniques, and to the board in accordance with this chapter. technologies that improve the efficiency of water use. B. The provisions of this regulation shall not affect any water "Department" means the Department of Environmental supply project for which a permit application was submitted Quality. prior to January 1, 2003, to any state or federal agency. The

    provisions of this regulation shall not affect any water supply "Local government" means a city, incorporated town or county. project for which an application for grant, loan or other funding "Local program" means the combined water plan, resource has been made to a state or federal agency prior to January 1, conditions, and drought response and contingency plan 2003. All projects shall remain subject to applicable federal developed in compliance with this regulation. The term "local and state regulatory requirements. program" will be used in this regulation to mean either local or C. Nothing in this chapter shall be construed as altering or regional programs. The term "program" implies the institution authorizing any alteration of any existing surface, ground of a continuous planning process for maintenance of these water or common law water rights of any property owner documents. within the Commonwealth, except as required by federal or

    state law.

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Final Regulations November 2, 2005

    "Planning area" means the geographical area as defined by 9 VAC 25-780-40. Program development. local government boundaries that is included in a local or Local governments shall develop programs for local or regional water supply plan. regional water plans that are necessary to comply with this "Planning period" means the 30- to 50-year time frame used chapter. Local governments shall consult and coordinate with by the locality to project future water demand in accordance all community water systems in the planning area during the with 9 VAC 25-780-100 B. preparation of local or regional programs. Community water

    systems within the planning area shall cooperate and "Regional planning unit" means a collection of local participate with the locality during preparation of the local governments who have voluntarily elected to develop and program. Counties, cities, and towns are encouraged to submit a regional water plan. A regional planning unit may be develop regional programs. Local programs shall be composed of all local governments located within the bounds designed to (i) ensure that adequate and safe drinking water of a planning district, any subset of local governments within is available, (ii) encourage and protect all beneficial uses, (iii) the bounds of a planning district, or any group of local encourage and promote alternative water sources, and (iv) governments within multiple planning districts. promote conservation. "Regional water plan" means a water plan developed and 9 VAC 25-780-50. Preparation and submission of a submitted by two or more cities or counties or both. A town program. and an adjacent county may develop a regional water plan.

    Two or more towns may develop and submit a regional water A. Local governments must adopt a local program as defined plan where the plan results in the proposed development of in this section, including any revisions to comprehensive future water supply projects that supply the water supply plans, water supply plans, water and sewer plans, and other demands of the affected towns. Such plans developed by two local authorities necessary to implement this chapter. A local or more towns may be included in regional water plans public hearing consistent with ? 15.2-1427 of the Code of developed and submitted by counties or cities. Regional Virginia is required during the development of the local water plans shall be developed and submitted in conjunction program. The public hearing may be combined with other with all public service authorities operating community water public hearings that may be required. systems within the regional planning unit, if applicable. B. All local governments shall submit a local program to the "Self-supplied user" means any person making a withdrawal department in accordance with the following schedule: of surface water or ground water from an original source (e.g., 1. Local governments with populations in excess of 35,000 a river, stream, lake, aquifer, or reservoir fed by any such persons based on the most recent U.S. Census shall do so water body) for their own use. Self-supplied users do not no later than November 2, 2008. receive water from a community water system.

    2. Local governments with populations in excess of 15,000 "Service area" means the geographical area served by a persons but no more than 35,000 persons based on the community water system. most recent U.S. Census shall do so no later than "Technical evaluation committee" means a committee of state November 2, 2009. agencies, including but not limited to the Department of 3. Local governments with populations less than or equal to Health, the Department of Conservation and Recreation, the 15,000 persons based on the most recent U.S. Census Marine Resources Commission, the Department of Historic shall do so no later November 2, 2010. Resources, and the Department of Game and Inland

    Fisheries, convened by the Department of Environmental 4. Notwithstanding the above, local governments may elect Quality in accordance with subdivision 8 of 9 VAC 25-780-60 to participate in the submittal of regional water supply plans to provide comments on the impacts to or conflicts among in-By November 2, 2008, local governments participating in a stream and off-stream uses resulting from proposed regional plan shall provide notice to the department of the alternatives for meeting projected water demands. intent to participate in a regional plan and shall include the

    names of the other participating localities. Such regional "Unaccounted for losses" means the difference between a plans shall be submitted no later November 2, 2011. community water system's billing records for volumes of water

    distributed and production records for volumes of water Nothing in this section shall be construed as limiting the treated. submittal of local or regional water supply plans before the

    date when such plans are due. "Water demand management" means plans for water

    conservation, reuse, and reducing unaccounted for water C. Local programs shall contain the elements listed below. losses contained in a local program. This information may be derived from existing, readily

    available information and additional detailed studies shall not "Water plan" means a document developed in compliance be required. with this regulation. The term "water plan" will be used in this

    regulation to mean either local or regional water plans. 1. A description of existing water sources in accordance

    with the requirements of 9 VAC 25-780-70; "Water sources" means wells, stream intakes, and reservoirs

    that serve as sources of water supplies. 2. A description of existing water use in accordance with

    the requirements of 9 VAC 25-780-80;

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November 2, 2005 Final Regulations

    3. A description of existing water resource conditions in 4. Facilitate acquisition of existing use information that has accordance with the requirements of 9 VAC 25-780-90; been reported to the department; 4. An assessment of projected water demand in 5. Facilitate acquisition of water management information accordance with the requirements of 9 VAC 25-780-100; (the department shall prepare and post on its website a list

    of acceptable practices that are used with regard to the 5. A description of water management actions in topics in 9 VAC 25-780-110); accordance with the requirements of 9 VAC 25-780-110

    and 9 VAC 25-780-120; 6. Identify acceptable methods for the projection of future

    water demands as per 9 VAC 25-780-100; 6. A statement of need in accordance with the requirements

    of 9 VAC 25-780-130; 7. Provide any information regarding known conflicts

    relating to the development of alternatives; 7. An alternatives analysis that identifies potential

    alternatives to address projected deficits in water supplies 8. At the request of the applicant, convene a technical in accordance with the requirements of 9 VAC 25-780-130; evaluation committee meeting; and 8. A map or maps identifying important elements of the 9. Provide notice of local public hearings on the local program that may include existing environmental resources, program upon notification by the locality. existing water sources, significant existing water uses, and 9 VAC 25-780-70. Existing water source information. proposed new sources;

    A. A water plan shall include current information on existing 9. A copy of the adopted program documents including any water sources. local plans or ordinances or amendments that incorporate

    the local program elements required by this chapter; B. A water plan shall include, for community water systems

    using ground water, the name and identification number of the 10. A resolution approving the plan from each local well or wells, the well depth, the casing depth, the screen government that is party to the plan; and depth (top and bottom) or water zones, the well diameter, the 11. A record of the local public hearing, a copy of all written design capacity for the average daily withdrawal and comments and the submitter's response to all written maximum daily withdrawal, the system capacity permitted by comments received. Department of Health, and the annual and monthly permitted

    amounts contained in ground water withdrawal permits for all D. All local programs shall be reviewed no later than five wells located within ground water management areas. years after a compliance determination by the board in

    accordance with 9 VAC 25-780-140 F. Revised plans shall C. A water plan shall include, for community water systems be submitted when this review indicates that circumstances using surface water reservoirs, the name of the reservoirs, the have changed or new information has been made available sub-basins in which the reservoirs are located, the drainage that will result in water demands that will not be met by area, the amount of on-stream storage available for water alternatives contained in the water plan. These supply, the design capacity for average daily and maximum circumstances may be caused by changes in demands, the daily withdrawals from the reservoirs, the safe yield of the availability of the anticipated source, cumulative impacts, in-reservoirs, the capacity of any associated water treatment stream beneficial uses, or other factors. In the case where plant, the Department of Health permitted capacity of the the review by the local government or regional planning unit systems, and any limitations on withdrawal established by indicates that the circumstances have not changed sufficiently permits issued by the board. For a community water system to warrant a revision of the water plan after five years, the that operates a system of interconnected reservoirs, the locality shall notify the department that the existing plan is still reporting of the design capacity for withdrawals, designed in effect. average daily withdrawal, the designed maximum daily

    withdrawal and the safe yield may be for the entire system or E. Notwithstanding subsection D of this section, all local may be reported as subsets of the system. The plan shall programs shall be reviewed, revised and resubmitted to the designate which reservoirs and which intakes constitute a department every 10 years after the date of last approval. system for the purposes of this paragraph. The plan must

    report the drainage area and amount of storage available for 9 VAC 25-780-60. State role in program preparation. water supply from each reservoir independently. To assist local governments in the development of local D. A water plan shall include, for community water systems programs, the board will: using stream intakes, the name of the stream or river, the 1. Provide technical and financial assistance; drainage area of the intake, the sub-basin in which the intake

    is located, the design capacity for average daily and designed 2. Provide guidance on compliance options; maximum daily withdrawal from the stream, the safe yield, the 3. Facilitate acquisition of existing resource conditions (the lowest daily flow of record the design capacity of the pump department shall prepare and post on its website a list of station, the design capacity of the water treatment plant, the readily available sources for the items identified in 9 VAC capacity of the system permitted by the Department of Health, 25-780-90 B); and any limitation on withdrawals established by permits

    issued by the board.

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Final Regulations November 2, 2005

    E. To the extent that information is available, a water plan 1. The population within the planning area served by each shall include a list of all self-supplied users of more than community water system. 300,000 gallons per month of surface water for 2. The number of connections within the planning area for nonagricultural uses, the name of the water body utilized, the each community water system. design capacity for the average daily and maximum daily

    withdrawal, and any limitation on withdrawals established by 3. The average and maximum daily withdrawal for each permits issued by the board, the Department of Health or any community water system within the planning area. other agency. 4. The amount of water used within the planning area on an F. To the extent that information is available, a water plan annual average basis, and on an average monthly basis for shall include, for all self-supplied users of more than 300,000 each community water system expressed in terms of million gallons per month of ground water for nonagricultural uses, gallons per day. the name and identification number of the well or wells, the 5. The peak day water use by month for each community well depth, the casing depth, the screen depth (top and water system within the planning area. bottom) or water zones, the well diameter, the design capacity

    for the average daily and maximum daily withdrawal and any 6. An estimate of the water used on an average annual limitation on withdrawal established by permits issued by the basis by self-supplied nonagricultural users of more than board. 300,000 gallons per month of surface and ground water

    within the service area of each community water system. G. A water plan shall include the amount of ground or surface

    water to be purchased from water supply systems outside the 7. An estimate of the amount of water used on an average geographic boundaries of the planning area on a maximum annual basis by self-supplied agricultural users of more daily and average annual basis, any contractual limitations on than 300,000 gallons per month of surface and ground the purchase of the water including but not limited to the term water within the service area of each community water of any contract or agreement, the recipient(s) or areas served supply. by the water purchased, and the name(s) of the supplier(s). 8. An estimate of the number of self-supplied users of less H. A plan shall include the amount of water available to be than 300,000 gallons per month of ground water and an purchased outside the planning area from any source with the estimate of the total amount of water used by them on an capacity to withdraw more than 300,000 gallons per month of annual average basis within the service area of each surface and ground water, reported on a maximum daily and community water supply. average annual basis and any contractual limitations on the 9. For each community water system included in the water purchase of the water including but not limited to the term of plan, the plan shall include an estimate of the any contract or agreement, the geographic region(s) that disaggregated amounts of water used in categories of use receive the water purchased, and the name(s) of the appropriate for the system. Typical categories may include: supplier(s).

    a. Residential use; I. A water plan shall include, to the extent possible, a list of

    agricultural users who utilize more than 300,000 gallons per b. Commercial institutional and light industrial (CIL) use; month, an estimate of total agricultural usage by source,

    whether the use is irrigation or nonirrigation, and whether the c. Heavy industrial use; source is surface or ground water. d. Military water use; J. A water plan shall include an estimate of the number of e. Water used in water production processes; residences and businesses that are self-supplied by individual

    wells withdrawing less than 300,000 gallons per month and f. Unaccounted for losses; an estimate of the population served by individual wells. g. Sales to other community water systems and the K. When available, a water plan shall include a summary of names of such systems; or findings and recommendations from applicable source water h. Subtotals of the above categories for all community assessment plans or wellhead protection programs. water systems 9 VAC 25-780-80. Existing water use information. 10. To the extent that information is available pursuant to A. A water plan shall include, at a minimum, current 9 VAC 25-780-60 and other sources, for each community information documenting existing water use as listed below. water system included in the water plan using stream Water use information shall be obtained from Department of intakes, the plan shall include a qualitative description of Health waterworks permit compliance reports, the department existing in-stream beneficial uses within the planning area ground water permit compliance reports or department water or outside the planning area that may be affected by the use reports. Information shall be reported for the most recent point of stream withdrawal. previous annual compilation of such data that is available on C. A water plan shall include an estimate of the water used on the date of submission of the water plan. an average annual basis by self-supplied nonagricultural user B. A water plan shall include the following information for of more than 300,000 gallons per month of surface and community water systems:

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November 2, 2005 Final Regulations

    ground water outside the service areas of community water Economic Analysis, the Virginia Employment Commission, or systems. other accepted source of population information, including but

    not limited to, local or regional sources. Demand projection D. A water plan shall include an estimate of the amount of methodologies should be consistent with those outlined in the water used on an average annual basis by self-supplied American Water Works Association or American Society of agricultural users of more than 300,000 gallons per month of Civil Engineers manuals. Sources of information and surface and ground water outside the service areas of methodologies used in projecting future water demand shall community water systems. be documented. E. A water plan shall include an estimate of the number of B. A water plan shall estimate water demand within the self-supplied users of less than 300,000 gallons per month of planning area for a minimum of 30 to a maximum of 50 years ground water and an estimate of the total amount of water into the future. While not required, localities are encouraged used by them on an annual average basis outside the service to plan for the maximum planning period to ensure that the areas of community water systems. most appropriate and sustainable alternatives are identified.

    9 VAC 25-780-90. Existing resource information. C. A water plan shall include an estimated future water use

    projected at the beginning of each decade (2010, 2020, 2030, A. A program shall include a description of existing geologic, etc.) within the planning period. hydrologic, and meteorological conditions within the planning

    area, and in proximity to the point of withdrawal if it is outside D. A water plan shall include the following projections for the planning area. community water systems: B. A program shall include a description of existing 1. An estimate of population within the planning area environmental conditions that pertain to, or may affect, in--served by each community water system; stream flow, in-stream uses, and sources that provide the

    current supply. This description of conditions may be 2. A map depicting the proposed service area of each provided in a distinct section of the plan document or as a existing or proposed community water system; part of the existing water sources information required 3. Estimated water demand for each existing or proposed pursuant to 9 VAC 25-780-70. This information may be community water system on both an annual average and derived from existing, readily available information and peak monthly basis; additional detailed studies shall not be required. The

    description of conditions shall include the following items, as 4. Estimated water demand for each existing or proposed they are applicable: community water system disaggregated into categories of

    use appropriate for the system. Typical categories may 1. State or federal listed threatened or endangered species include: or habitats of concern;

    a. Residential use; 2. Anadromous, trout and other significant fisheries;

    b. Commercial institutional and light industrial (CIL) use; 3. River segments that have recreational significance

    including state scenic river status; c. Heavy industrial use; 4. Sites of historic or archaeological significance; d. Military water use; 5. Unusual geologic formations or special soil types; e. Water used in water production processes; 6. Wetlands; f. Unaccounted for losses; 7. Riparian buffers and conservation easements; g. Sales to other community water systems and the

    names of such systems; or 8. Land use and land coverage including items such as

    percentage of impervious cover within a watershed and h. Subtotals of the above categories for all community areas where new development may impact water quality of water systems; and the source; 5. Total projected water demand for all existing or proposed 9. The presence of impaired streams and the type of community water systems disaggregated into the impairment; categories used in subdivision 4 of this subsection. 10. The location of point source discharges; and E. A water plan shall include a projection of water demand

    within the planning area on an annual average basis for each 11. Potential threats to the existing water quantity and existing and any proposed self-supplied nonagricultural user quality, other than those from above. of more than 300,000 gallons per month of surface and 9 VAC 25-780-100. Projected water demand information. ground water located outside the service areas of community

    water systems. A. A water plan shall include projections of future water

    demand as listed below. Population in aggregate and F. A water plan shall include a projection of the amount of disaggregate formulations should be estimated according to water use on an annual average basis for each existing and information from the U.S. Census Bureau, Bureau of any projected self-supplied agricultural user of more than

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Final Regulations November 2, 2005

    300,000 gallons per month of surface and ground water 2. Drought response and contingency plans shall contain, located outside the service areas of community water at a minimum, the following three graduated stages of systems. responses to the onset of drought conditions: G. A water plan shall include a projection of the number of a. Drought watch stage responses are generally self-supplied users of less than 300,000 gallons per month of responses that are intended to increase awareness in the ground water and a projection of the amount of water used on public and private sector to climatic conditions that are an annual average basis outside the service areas of likely to precede the occurrence of a significant drought community water systems. event. Public outreach activities shall be identified to

    inform the population served by a community water H. A water plan shall include, if available, any cumulative system of the potential for drought conditions to intensify demand, use conflict, or in-stream flow information developed and potential water conservation activities that may be pursuant to 9 VAC 25-780-140 G. utilized. I. A water plan shall explain how the projected needs of b. Drought warning stage responses are generally domestic consumption, in-stream uses, and economic responses that are required when the onset of a development have been accounted for in the demand significant drought event is imminent. Voluntary water projection for the planning period. conservation activities shall be identified with the goal of

    reducing water use by 5-10%. 9 VAC 25-780-110. Water demand management

    information. c. Drought emergency stage responses are generally

    responses that are required during the height of a A. As part of a long-term strategy, a water plan shall address significant drought event. Mandatory water conservation conservation as a part of overall water demand management activities shall be identified with the goal of reducing in accordance with the following requirements: water use by 10-15%. 1. A water plan shall include information that describes 3. Drought response and contingency plans shall include practices for more efficient use of water that are used within references to local ordinances, if adopted, and procedures the planning area. The type of measures to be described for the implementation and enforcement of drought may include, but are not limited to, the adoption and response and contingency plans. enforcement of the Virginia Uniform Statewide Building

    Code sections that limit maximum flow of water closets, 9 VAC 25-780-130. Statement of need and alternatives. urinals and appliances; use of low-water use landscaping;

    and increases in irrigation efficiency. A. A water plan shall determine the adequacy of existing

    water sources to meet current and projected demand by 2. A water plan shall include information describing the preparing a clear statement of need that is derived from an water conservation measures used within the planning area evaluation of the information required by 9 VAC 25-780-70 to conserve water through the reduction of use. The types through 9 VAC 25-780-110. The statement of need shall of measures to be described may include, but are not contain, at a minimum, a determination of whether the limited to, technical, educational and financial programs. existing source(s) is adequate to meet current and projected

    demands. 3. A water plan shall include information that describes,

    within the planning area, the practices to address water B. If the determination is that the existing source is loss in the maintenance of water systems to reduce inadequate to meet projected demands during the planning unaccounted for water loss. The types of items to be period, the program shall include an alternative analysis of described may include, but are not limited to: leak detection potential sources that includes the following information: and repair and old distribution line replacement.

    1. A description of potential water savings from water B. Current conservation practices, techniques, and demand management actions including an estimated technologies shall be considered in projecting water demand volume for each action; pursuant to 9 VAC 25-780-100 D.

    2. A description of potential sources for new supplies 9 VAC 25-780-120. Drought response and contingency including an estimated volume from each source; and plans.

    3. A description of potential resource issues or impacts, A program that includes community water systems and self-identified in accordance with 9 VAC 25-780-140 G, known supplied users who withdraw more than an average of for each potential new source that any future water project 300,000 gallons per month of surface water and ground water will need to consider in its development. shall contain drought response and contingency plans in

    accordance with the following requirements: C. Potential alternatives considered shall include water

    demand management alternatives as well as more traditional 1. Drought response and contingency plans shall be means of increasing supply, i.e., wells, reservoirs, structured to address the unique characteristics of the impoundments and stream intakes. Where appropriate, the water source that is being utilized and the nature of the program shall consider nontraditional means of increasing beneficial use of water. supplies such as interconnection, desalination, recycling and

    reuse. The analysis of potential alternatives may include a

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November 2, 2005 Final Regulations

    combination of short-term and long-term alternatives. The shall provide public notice of its findings pursuant to 9 VAC result of this analysis shall be provided as part of the 25-780-150. submission required by 9 VAC 25-780-50 C 7. E. If the tentative decision of the board is to find the local 9 VAC 25-780-140. Review of local programs. program in noncompliance with subsection C of this section,

    the board shall identify (i) the reason for the finding of A. The board shall review all programs to determine noncompliance, (ii) what is required for compliance, and (iii) compliance with this regulation and consistency with the State the right to an informational proceeding under Article 3 (? 2.2-Water Resources Plan. The board will review adopted 4018 et seq.) of Chapter 40 of the Virginia Administrative elements of a local program according to review policies Process Act. adopted by the board. Copies of the adopted local program

    documents and subsequent changes thereto shall be F. The board shall make a final decision on whether the local provided to the board. program is in compliance with this chapter after completing

    review of the submitted program, any agency comments B. To assist in the review of the program, the board shall received, and any public comment received from a public provide the Department of Health and other agencies listed in meeting held pursuant to 9 VAC 25-780-160. 9 VAC 25-780-150 B along with any other agency the board

    deems appropriate, 90 days to evaluate the program. G. In conjunction with the compliance determination made by Comments must be received from the Department of Health the board, the state will develop additional information and or other agency by the deadline stipulated in the written conduct additional evaluation of local or regional alternatives notification from the board. in order to facilitate continuous planning. This additional

    information shall be included in the State Water Resources C. The board will assess the compliance of submitted Plan and used by localities in their program planning. This programs with these regulations. The board shall prepare a information shall include: tentative statement of findings on whether the program has

    demonstrated compliance with the following: 1. A cumulative demand analysis, based upon information

    contained in the State Water Resources Plan and other 1. All elements of a local program identified in 9 VAC 25-sources; 780-50 have been submitted;

    2. The evaluation of alternatives prepared pursuant to 2. The program was developed through a planning process 9 VAC 25-780-130 B and C; consistent with this chapter;

    3. The evaluation of potential use conflicts among projected 3. The results of any evaluation conducted pursuant to water demand and estimates of requirements for in-stream subsection G of this section have been appropriately flow; and accommodated;

    4. An evaluation of the relationship between the local plan 4. The existing sources information complies with 9 VAC and the State Water Resources Plan. 25-780-70;

    H. The board may facilitate information sharing and 5. The existing water use information complies with 9 VAC discussion among localities when potential conflicts arise with 25-780-80; regard to demands upon a source. 6. The existing resources information complies with 9 VAC I. A local program’s information shall be included in the State 25-780-90; Water Resource Plan when determined to be in compliance

    by the board. 7. The projected water demand is based on an accepted

    methodology and complies with 9 VAC 25-780-100; 9 VAC 25-780-150. Public notice and public comment

    period. 8. The water demand management information complies

    with 9 VAC 25-780-110; A. The board shall give public notice on the department

    website for every tentative and final decision to determine 9. The drought response and contingency plan complies local program compliance. with 9 VAC 25-780-120;

    B. The board shall give public notice to the Department of 10. The statement of need complies with 9 VAC 25-78-130 Health, the Department of Conservation and Recreation, the A; Marine Resources Commission, the Department of Historic 11. When required, the alternatives comply with 9 VAC 25-Resources, and the Department of Game and Inland 780-130; Fisheries for every tentative and final decision on program

    compliance. The agencies shall have 90 days to submit 12. The local program is consistent with 9 VAC 25-390-20, written comment. At the request of the applicant, the board ? 62.1-11 of the Code of Virginia and Chapter 3.2 (? 62.1-will convene a technical evaluation committee meeting to 44.36 et seq.) of Title 62.1 of the Code of Virginia. facilitate receipt of these comments. D. If the board’s tentative decision is to find the local program C. The board shall provide a comment period of at least 30 in compliance with subsection C of this section, the board days following the date of the public notice for interested

    persons to submit written comments on the tentative or final

    Effective September 18, 2006 7

Final Regulations November 2, 2005

    decision. All written comments submitted during the comment 6. A concise statement of the relevant water resources period shall be retained by the board and considered during planning, water quality, or fish and wildlife resource issues its final decision. raised by the persons requesting the public meeting; D. Commenters may request a public meeting when 7. Contact person and the address, e-mail address and submitting comments. In order for the board to grant a public phone number of the department office at which the meeting, there must be a substantial public interest and a interested persons may obtain further information or factual basis upon which the commenter believes that the request a copy of the draft statement of findings prepared proposed program might be contrary to the purposes stated in pursuant to 9 VAC 25 780-140 D; and 9 VAC 25-780-20. 8. A brief reference to the rules and procedures to be E. The contents of the public notice of a proposed program followed at the public meeting. compliance determination shall include: 9 VAC 25-780-170. Appeals. 1. Name(s) and address(es) of the locality(ies) that All appeals taken from actions of the board or the director submitted the local or regional water plan; relative to the provisions of this chapter shall be governed by 2. Brief synopsis of the proposed plan including any the Virginia Administrative Process Act (? 2.2-4000 et seq. of identified future alternatives; the Code of Virginia). 3. The name(s) of the principal water supply sources; 9 VAC 25-780-180. Enforcement. 4. A statement of the tentative determination to certify or Enforcement of this chapter will be in accordance with deny consistency with the regulation; ?? 62.1-44.15, 62.1-44.23, and 62.1-44.32 of the Code of

    Virginia. 5. A brief description of the final determination procedure;

    9 VAC 25-780-190. Delegation of authority. 6. The address, e-mail address and phone number of a

    specific person at the state office from whom further The executive director, or his designee, may perform any information may be obtained; and action of the board provided under this chapter, except as

    limited by ? 62.1-44.14 of the Code of Virginia. 7. A brief description on how to submit comments and request a public meeting.

     9 VAC 25-780-160. Public meetings.

    A. Public notice of any public meeting held pursuant to 9 VAC

    25-780-150 shall be circulated as follows:

    1. Notice shall be published on the department website;

    2. Notice shall be published once in a newspaper of

    general circulation in the county, city, or town where the

    local or regional water plan is in effect; and

    3. Notice of the public meeting shall be sent to all persons

    and government agencies that requested a public meeting

    or have commented in response to the public notice.

    B. Notice shall be effected pursuant to subdivisions A 1

    through 3 of this section at least 30 days in advance of the

    public meeting.

    C. The content of the public notice of any public meeting held

    pursuant to this section shall include at least the following:

    1. Name and address of the localities who prepared the

    program;

    2. The planning area covered by the program;

    3. A brief reference to the public notice issued for the

    comment period including the date of issuance unless the

    public notice includes the public meeting notice;

    4. Information regarding the time and location for the public

    meeting;

    5. The purpose of the public meeting;

    Effective September 18, 2006 8

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