45.1-179.7 - Additional powers of Department.
§ 45.1-179.7. Additional powers of Department.
The Department shall:
1. Consult with the Board in carrying out all of its duties andresponsibilities pursuant to the provisions of this chapter;
2. Develop a comprehensive geothermal permitting system for the Commonwealth,which shall provide for the exploration and development of geothermalresources;
3. Promulgate such rules and regulations as may be necessary to provide forgeothermal drilling and the exploration and development of geothermalresources in the Commonwealth; such rules and regulations shall be based on asystem of correlative rights;
4. Establish minimum temperature levels and volumetric rates in order todetermine Department jurisdiction over geothermal resource development. Inestablishing such temperature levels (i) the Department shall set minimumtemperature levels for permitting, well regulations, reservoir management,and allocation of the geothermal resource; and (ii) the Department shall setminimum volumetric rates for geothermal leasing, royalties and severancetaxes, as necessary. The Department shall also be responsible for reviewingthe established temperature level and volumetric rate requirements bienniallyand revising the figures as necessary. Revision of temperature levels orvolumetric rate requirements shall not occur more often than every two yearsand such revision shall not operate retroactively; and
5. Consult with the State Department of Health, as necessary, to protectpotable waters of the Commonwealth and in carrying out its duties andresponsibilities pursuant to the provisions of this chapter.
(1981, c. 506.)