                                 CODE OF VIRGINIA

ISSUANCE OF SPECIAL EXCEPTIONS (§ 62.1-267)

A. The Board may issue a special exception to allow the withdrawal of ground
water in the case of an unusual situation in which requiring the user to obtain
a ground water withdrawal permit would be contrary to the intended purpose of
the Act.

B. In reviewing an application for a special exception, the Board may consider
the amount and duration of the proposed withdrawal, the beneficial use intended
for the ground water, the return of the ground water to the aquifer, and the
effect of the withdrawal on human health and the environment. Any person
requesting a special exception shall submit an application to the Board
containing such information as the Board shall require by regulation adopted
pursuant to this chapter.

C. Any special exception issued by the Board shall state the terms pursuant to
which the applicant may withdraw ground water, including the amount of ground
water that may be withdrawn in any period and the duration of the special
exception. No special exception shall be issued for a term exceeding 15 years.

D. A violation of any term or provision of a special exception shall subject the
holder thereof to the same penalties and enforcement procedures as would apply
to a violation of a ground water withdrawal permit.

E. The Board shall have the power to amend or revoke any special exception after
notice and opportunity for hearing on the grounds set forth in subsection D of
&#xA7; 62.1-266 for amendment or revocation of a ground water withdrawal permit.

HISTORY: 1992, c. 812; 2018, c. 424.