Virginia Code 45.2-2004: Powers and duties of the Department
A. The Department has jurisdiction and authority over all persons and property, public and private, necessary to enforce the provisions of this chapter and has the power and authority to make and enforce regulations and orders and do whatever is reasonably necessary to carry out the provisions of this chapter. Any regulations adopted by the Department pursuant to the provisions of this chapter shall be adopted in compliance with the Administrative Process Act (§ 2.2-4000 et seq.).
Terms Used In Virginia Code 45.2-2004
- Board: means the State Water Control Board. See Virginia Code 45.2-2000
- Geothermal resource: means the natural heat of the earth and the energy, in whatever form, that is present in, associated with, or created by, or that may be extracted from, such natural heat, as determined by the regulations of the Department. See Virginia Code 45.2-2000
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
- State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
B. The Department shall:
1. Consult with the Board in carrying out its powers and duties pursuant to the provisions of this chapter;
2. Develop a comprehensive geothermal permitting system for the Commonwealth that provides for the exploration and development of geothermal resources;
3. Adopt regulations necessary to provide for geothermal drilling and the exploration for and development of geothermal resources in the Commonwealth. Such regulations shall be based on a system of correlative rights;
4. Establish minimum temperature levels and volumetric rates in order to determine Department jurisdiction over geothermal resource development. In establishing such temperature levels, the Department shall set (i) minimum temperature levels for permitting, well regulations, reservoir management, and allocation of geothermal resources and (ii) minimum volumetric rates for geothermal leasing, royalties, and severance taxes, as necessary. The Department shall review established temperature level and volumetric rate requirements biennially and revise the figures as necessary. Revision of temperature levels or volumetric rate requirements shall not occur more often than every two years, and such revision shall not operate retroactively; and
5. Consult with the State Department of Health as necessary to protect potable waters of the Commonwealth and to carry out the powers and duties of the Department pursuant to the provisions of this chapter.
1981, c. 506, § 45.1-179.7; 2021, Sp. Sess. I, c. 387.