Section 140. Review of local programs

A. The board shall review all programs to determine compliance with this regulation and consistency with the State Water Resources Plan. The board will review adopted elements of a local program according to review policies adopted by the board. Copies of the adopted local program documents and subsequent changes thereto shall be provided to the board.

B. To assist in the review of the program, the board shall provide the Department of Health and other agencies listed in 9VAC25-780-150 B along with any other agency the board deems appropriate, 90 days to evaluate the program. Comments must be received from the Department of Health or other agency by the deadline stipulated in the written notification from the board.

C. The board will assess the compliance of submitted programs with these regulations. The board shall prepare a tentative statement of findings on whether the program has demonstrated compliance with the following:

1. All elements of a local program identified in 9VAC25-780-50 have been submitted;

2. The program was developed through a planning process consistent with this chapter;

3. The results of any evaluation conducted pursuant to subsection G of this section have been appropriately accommodated;

4. The existing sources information complies with 9VAC25-780-70;

5. The existing water use information complies with 9VAC25-780-80;

6. The existing resources information complies with 9VAC25-780-90;

7. The projected water demand is based on an accepted methodology and complies with 9VAC25-780-100;

8. The water demand management information complies with 9VAC25-780-110;

9. The drought response and contingency plan complies with 9VAC25-780-120;

10. The statement of need complies with 9VAC25-780-130 A;

11. When required, the alternatives comply with 9VAC25-780-130;

12. The local program is consistent with 9VAC25-390-20, § 62.1-11 of the Code of Virginia and Chapter 3.2 (§ 62.1-44.36 et seq.) of Title 62.1 of the Code of Virginia.

D. If the board's tentative decision is to find the local program in compliance with subsection C of this section, the board shall provide public notice of its findings pursuant to 9VAC25-780-150.

E. If the tentative decision of the board is to find the local program in noncompliance with subsection C of this section, the board shall identify (i) the reason for the finding of noncompliance, (ii) what is required for compliance, and (iii) the right to an informational proceeding under Article 3 (§ 2.2-4018 et seq.) of Chapter 40 of the Virginia Administrative Process Act.

F. The board shall make a final decision on whether the local program is in compliance with this chapter after completing review of the submitted program, any agency comments received, and any public comment received from a public meeting held pursuant to 9VAC25-780-160.

G. In conjunction with the compliance determination made by the board, the state will develop additional information and conduct additional evaluation of local or regional alternatives in order to facilitate continuous planning. This additional information shall be included in the State Water Resources Plan and used by localities in their program planning. This information shall include:

1. A cumulative demand analysis, based upon information contained in the State Water Resources Plan and other sources;

2. The evaluation of alternatives prepared pursuant to 9VAC25-780-130 B and C;

3. The evaluation of potential use conflicts among projected water demand and estimates of requirements for in-stream flow; and

4. An evaluation of the relationship between the local plan and the State Water Resources Plan.

H. The board may facilitate information sharing and discussion among localities when potential conflicts arise with regard to demands upon a source.

I. A local program's information shall be included in the State Water Resource Plan when determined to be in compliance by the board.

Historical Notes

Derived from Volume 22, Issue 02, eff. November 2, 2005; Errata, 22:4 VA.R. 660 October 31, 2005.

Statutory Authority

§§ 62.1-44.15 and 62.1-44.38:1 of the Code of Virginia.