62.1-267 - Issuance of special exceptions.
§ 62.1-267. Issuance of special exceptions.
A. The Board may issue special exceptions to allow the withdrawal of groundwater in cases of unusual situations where requiring the user to obtain aground water withdrawal permit would be contrary to the intended purpose ofthe Act.
B. In reviewing an application for a special exception, the Board mayconsider the amount and duration of the proposed withdrawal, the beneficialuse intended for the ground water, the return of the ground water to theaquifer, and the effect of the withdrawal on human health and theenvironment. Any person requesting a special exception shall submit anapplication to the Board containing such information as the Board shallrequire by regulation adopted pursuant to this chapter.
C. Any special exception issued by the Board shall state the terms pursuantto which the applicant may withdraw ground water, including the amount ofground water that may be withdrawn in any period and the duration of thespecial exception. No special exception shall be issued for a term exceedingten years.
D. A violation of any term or provision of a special exception shall subjectthe holder thereof to the same penalties and enforcement procedures as wouldapply to a violation of a ground water withdrawal permit.
E. The Board shall have the power to amend or revoke any special exceptionafter notice and opportunity for hearing on the grounds set forth insubsection D of § 62.1-266 for amendment or revocation of a ground waterwithdrawal permit.
(1992, c. 812.)