Funding and Staffing Plan - Gloucester County, · PDF file · 2014-01-2815 land...

Gloucester County Stormwater Management Program

Funding and Staffing Plan

The Code of Virginia (§§62.1‐44.15:25 and 62.1‐44.15:28) requires Gloucester County to become a

Virginia Stormwater Management Program (VSMP) authority and develop a stormwater management

program as outlined in 9VAC25‐870‐104 through 9VAC25‐870‐126. Gloucester County intends to

manage the program with existing staff positions and evaluate the program staffing needs annually.

Through cooperative review, Gloucester County staff and Draper Aden Associates have reviewed

existing and projected development. An estimated 21 to 31 staff hours per week will likely be required

to operate the program. The staffing estimate provided includes the requirements of a VSMP Authority.

1. Staffing Roles

a. Plan Review – County Administrator’s designee certified as plan reviewer for

stormwater management having met the requirements of 9VAC25‐870.

b. Construction Inspection – County Administrator’s designee certified as project inspector

or combined administrator for stormwater management having met the requirements

of 9VAC25‐870.

c. Post‐Construction Inspection and Administration/Enforcement – County Administrator’s

designee certified as project inspector or combined administrator for stormwater

management having met the requirements of 9VAC25‐870.

2. Local Department Responsible: County Administrator or designee‐ The local department to be

Environmental Programs; the designee to be the Environmental Programs Administrator.

3. The staffing for the implementation, operation, and maintenance of a stormwater program is

estimated to include 1,428 hours of combined staff time to be distributed between

administration of program, project inspection, and enforcement. Staff estimates a county

expense of $71,400 [$50/ staff hr.]. Staff hours will be split between 4 existing staff;

approximately 1.5 hours of stormwater process will compound staffs’ daily duties in addition to

current Environmental Programs services.

4. Sources of Funding: The estimated permitting costs currently associated with the commercial

and subdivision projects used to assess staffing would generate approximately $11,000.00 at the

current County application fee [shared among site pan reviewing departments / plan review].

Permittees will be paying, effective July 01, 2014, the state‐fee‐portion of approximately

$11,340.00 in addition to the current Gloucester application fee.

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STORMWATER MANAGEMENT ORDINANCE 1

Pursuant to Code §62.1‐44.15:27, this ordinance is adopted as part of an initiative to integrate 2

the Gloucester County stormwater management requirements with Erosion and Sediment 3

Control Ordinance of Gloucester County, Virginia (Chapter 7.5); Floodplain Management 4

Ordinance (Chapter 8.5), and The Chesapeake Bay Preservation Ordinance (Chapter 5.5) 5

requirements into a unified stormwater program. The unified stormwater program is intended 6

to facilitate the submission and approval of plans, issuance of permits, payment of fees, and 7

coordination of inspection and enforcement activities into a more convenient and efficient 8

manner for both Gloucester County and those responsible for compliance with these programs. 9

10

1‐1. PURPOSE AND AUTHORITY. (Section 9VAC25‐870‐20, 9VAC25‐870‐40) 11

(a) The purpose of this Ordinance is to ensure the general health, safety, and welfare of 12

the citizens of Gloucester County and protect the quality and quantity of state 13

waters from the potential harm of unmanaged stormwater, including protection from a 14

land disturbing activity causing unreasonable degradation of properties, water quality, 15

stream channels, and other natural resources, and to establish procedures whereby 16

stormwater requirements related to water quality and quantity shall be administered 17

and enforced. 18

19

(b) This ordinance is adopted pursuant to Article 2.3 (§ 62.1‐44.15:24 et seq.) of 20

Chapter 3.1 of Title 62.1 of the Code of Virginia. 21

22

1‐2. DEFINITIONS. (9VAC25‐870‐10) 23

24

In addition to the definitions set forth in 9VAC25‐870‐10 of the Virginia Stormwater 25

Management Regulations, as amended, which are expressly adopted and incorporated herein 26

by reference, the following words and terms used in this Ordinance have the following 27

meanings unless otherwise specified herein. Where definitions differ, those incorporated 28

herein shall have precedence. 29

30

"Administrator" means the VSMP authority including the County Administrator, or 31

designee, including qualified regional agency, for administering the VSMP on behalf of the 32

locality. 33

34

“Administrative Guidance Manual” means the latest version of policies and procedures 35

for documentation and calculations verifying compliance with the water quality and quantity 36

requirements, review and approval of Stormwater Pollution Prevention Plans and Stormwater 37

Management Plans, site inspections, obtaining and releasing sureties, reporting and 38

recordkeeping, and compliance strategies for reviews, enforcement, and long‐term 39

maintenance and inspection programs. 40

41

"Applicant" means any person submitting an application for a permit or requesting 42

issuance of a permit under this Ordinance. 43

44

2

"Best management practice" or "BMP" means schedules of activities, prohibitions of 45

practices, including both structural and nonstructural practices, maintenance procedures, 46

and other management practices to prevent or reduce the pollution of surface waters and 47

groundwater systems from the impacts of land‐disturbing activities. 48

49

"Chesapeake Bay Preservation Act land‐disturbing activity" means a land‐disturbing 50

activity including clearing, grading, or excavation that results in a land disturbance equal or 51

greater than 2,500 square feet in all areas of jurisdictions designated as subject to the 52

regulations adopted pursuant to the Chesapeake Bay Preservation Act, Code of Virginia, § 62.1‐53

44.15:67, et seq. 54

55

“Common plan of development or sale” means a contiguous area where separate and 56

distinct construction activities may be taking place at different times on different schedules. 57

58

"Control measure" means any best management practice or stormwater facility, or other 59

method used to minimize the discharge of pollutants to state waters. 60

61

"Clean Water Act” or “CWA" means the federal Clean Water Act (33 U.S.C §1251 et 62

seq.), formerly referred to as the Federal Water Pollution Control Act or Federal Water 63

Pollution Control Act Amendments of 1972, Public Law 92‐500, as amended by Public Law 64

95‐217, Public Law 95‐576, Public Law 96‐483, and Public Law 97‐117, or any subsequent 65

revisions thereto. 66

67

"Department" means the Department of Environmental Quality. 68

69

"Development" means land disturbance and the resulting landform associated with the 70

construction of residential, commercial, industrial, institutional, recreation, transportation or 71

utility facilities, structures, uses or the clearing of land for non‐agricultural or non‐silvicultural 72

purposes. 73

74

"General permit” means the state permit titled GENERAL PERMIT FOR DISCHARGES OF 75

STORMWATER FROM CONSTRUCTION ACTIVITIES found in Part XIV (9VAC25‐870‐1100 et 76

seq.) of the Regulations authorizing a category of discharges under the CWA and the Act 77

within a geographical area of the Commonwealth of Virginia. 78

79

"Land disturbance" or "land‐disturbing activity" means a man‐made change to the land 80

surface that potentially changes its runoff characteristics including clearing, grading, or 81

excavation except that the term shall not include those exemptions specified in Section 1‐3 (c) of 82

this Ordinance. 83

84

“Layout” means a conceptual drawing sufficient to provide for the specified stormwater 85

management facilities required at the time of approval. 86

87

“Locality” means Gloucester County, Virginia. 88

89

"Minor modification" means an amendment to an existing general permit before its 90

expiration not requiring extensive review and evaluation including, but not limited to, changes 91

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in EPA promulgated test protocols, increasing monitoring frequency requirements, changes in 92

sampling locations, and changes to compliance dates within the overall compliance schedules. A 93

minor general permit modification or amendment does not substantially alter general permit 94

conditions, substantially increase or decrease the amount of surface water impacts, increase 95

the size of the operation, or reduce the capacity of the facility to protect human health or the 96

environment. 97

98

"Operator" means the owner or operator of any facility or activity subject to regulation 99

under this Ordinance. 100

101

"Permit" or "VSMP Authority Permit" means an approval to conduct a land‐disturbing 102

activity issued by the Administrator for the initiation of a land‐disturbing activity, in accordance 103

with this Ordinance, and which may only be issued after evidence of general permit coverage 104

has been provided by the Department. 105

106

"Permittee" means the person to whom the VSMP Authority Permit is issued. 107

108

"Person" means any individual, corporation, partnership, association, state, municipality, 109

commission, or political subdivision of a state, governmental body, including federal, state, or 110

local entity as applicable, any interstate body or any other legal entity. 111

112

"Regulations" means the Virginia Stormwater Management Program (VSMP) Permit 113

Regulations, 9VAC25‐870, as amended. 114

115

"Site" means the land or water area where any facility or land‐disturbing activity is 116

physically located or conducted, including adjacent land used or preserved in connection with 117

the facility or land‐disturbing activity. Areas channelward of mean low water in tidal Virginia 118

shall not be considered part of a site. 119

120

"State" means the Commonwealth of Virginia. 121

122

"State Board" means the Virginia Water Control Board. 123

124

"State permit" means an approval to conduct a land‐disturbing activity issued by the 125

State Board in the form of a state stormwater individual permit or coverage issued under 126

a state general permit or an approval issued by the State Board for stormwater discharges from 127

an MS4. Under these state permits, the Commonwealth imposes and enforces requirements 128

pursuant to the federal Clean Water Act and regulations, the Virginia Stormwater Management 129

Act and the Regulations. 130

131

"State Water Control Law" means Chapter 3.1 (§62.1‐44.2 et seq.) of Title 62.1 of the 132

Code of Virginia. 133

134

"State waters" means all water, on the surface and under the ground, wholly or partially 135

within or bordering the Commonwealth or within its jurisdiction, including wetlands. 136

137

"Stormwater" means precipitation that is discharged across the land surface or 138

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through conveyances to one or more waterways and that may include stormwater runoff, snow 139

melt runoff, and surface runoff and drainage. 140

141

"Stormwater management plan" means a document(s) containing material describing 142

methods for complying with the requirements of Section 1‐6 of this Ordinance. 143

144

"Stormwater Pollution Prevention Plan" or "SWPPP" means a document that is prepared 145

in accordance with good engineering practices and that identifies potential sources of pollutants 146

that may reasonably be expected to affect the quality of stormwater discharges from the 147

construction site, and otherwise meets the requirements of this Ordinance. In addition the 148

document shall identify and require the implementation of control measures, and shall 149

include, but not be limited to the inclusion of, or the incorporation by reference of, an approved 150

erosion and sediment control plan, an approved stormwater management plan, and a pollution 151

prevention plan. 152

153

"Stormwater Board" means the body of Board of Supervisor‐appointed individuals that 154

convene to arbitrate written decisions of the Stormwater Authority administration. 155

156

"Subdivision" means the division of any lot, tract, or parcel of land into two (2) or more 157

lots or parcels, for the purpose, whether immediate or future, of transfer of ownership, or 158

building development. 159

160

"Total maximum daily load" or "TMDL" means the sum of the individual wasteload 161

allocations for point sources, load allocations for nonpoint sources, natural background loading 162

and a margin of safety. TMDLs can be expressed in terms of either mass per time, toxicity, or 163

other appropriate measure. The TMDL process provides for point versus nonpoint source 164

trade‐ offs. 165

166

"Virginia Stormwater Management Act" or "Act" means Article 2.3 (§62.1‐44.15 et seq.) 167

of Chapter 3.1 of Title 62.1 of the Code of Virginia. 168

169

“Virginia Stormwater BMP Clearinghouse website” means a state‐designated website 170

that contains detailed design standards and specifications for control measures that may be 171

used in Virginia to comply with the requirements of the Virginia Stormwater Management Act 172

and associated regulations. 173

174

“Virginia Stormwater Management Program” or “VSMP” means a program approved 175

by the State Board after September 13, 2011, that has been established by a locality to 176

manage the quality and quantity of runoff resulting from land‐disturbing activities and shall 177

include such items as local ordinances, rules, permit requirements, annual standards and 178

specifications, policies and guidelines, technical materials, and requirements for plan review, 179

inspection, enforcement, where authorized in this article, and evaluation consistent with the 180

requirements of this article and associated regulations. 181

182

"Virginia Stormwater Management Program authority" or "VSMP authority" means an 183

authority approved by the State Board after September 13, 2011, to operate a Virginia 184

Stormwater Management Program. 185

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186

Sec. 1‐3. ‐ STORMWATER PERMIT REQUIREMENT; EXEMPTIONS. 187

188

(a) Except as provided herein, no person may engage in any land‐disturbing activity until a 189

VSMP authority permit has been issued by the Administrator in accordance with the 190

provisions of this Ordinance. 191

192

(b) A Chesapeake Bay Preservation Act Land‐Disturbing Activity shall be subject to an 193

erosion and sediment control plan consistent with the requirements of the Erosion and 194

Sediment Control Ordinance, a stormwater management plan as outlined under Section 195

1‐6, the technical criteria and administrative requirements for land‐disturbing activities 196

outlined in Section 1‐9, and the requirements for control measures long‐term 197

maintenance outlined under Section 1‐10. 198

199

(c) Notwithstanding any other provisions of this Ordinance, the following activities are 200

exempt, unless otherwise required by federal law: 201

202

(1) Permitted surface or deep mining operations and projects, or oil and gas 203

operations and projects conducted under the provisions of Title 45.1 of the Code of 204

Virginia; 205

206

(2) Clearing of lands specifically for agricultural purposes and the management, tilling, 207

planting, or harvesting of agricultural, horticultural, or forest crops, livestock feedlot 208

operations, or as additionally set forth by the State Board in regulations, 209

including engineering operations as follows: construction of terraces, terrace 210

outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister 211

furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; 212

however, this exception shall not apply to harvesting of forest crops unless the area 213

on which harvesting occurs is reforested artificially or naturally in accordance with 214

the provisions of Chapter 11 (§ 10.1‐1100 et seq.) of Title 10.1 of the Code of Virginia 215

or is converted to bona fide agricultural or improved pasture use as described in 216

Subsection B of § 10.1‐1163 of Article 9 of Chapter 11 of Title 10.1 of the Code of 217

Virginia; 218

219

(3) Single‐family residences separately built and disturbing less than one acre and not 220

part of a larger common plan of development or sale, including additions or 221

modifications to existing single‐family detached residential structures; 222

223

(4) Land‐disturbing activities that disturb less than one acre of land area, except for land‐224

disturbing activity exceeding an area of 2,500 square feet in all areas of the 225

jurisdictions designated as subject to the Chesapeake Bay Preservation Area 226

Designation and Management Regulations adopted pursuant to the provisions of the 227

Chesapeake Bay Preservation Act (§62.1‐44.15:67 et seq.) or activities that are part 228

of a larger common plan of development or sale that is one acre or greater of 229

disturbance; 230

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(5) Permitted or authorized discharges to a sanitary sewer or a combined sewer system; 231

(6) Activities under a State or federal reclamation program to return an 232

abandoned property to an agricultural or open land use; 233

234

(7) Routine maintenance that is performed to maintain the original line and grade, 235

hydraulic capacity, or original construction of the project. The paving of an existing 236

road with a compacted or impervious surface and reestablishment of existing 237

associated ditches and shoulders shall be deemed routine maintenance if performed 238

in accordance with this Subsection; and 239

240

(8) Conducting land‐disturbing activities in response to a public emergency where 241

the related work requires immediate authorization to avoid imminent endangerment 242

to human health or the environment. In such situations, the Administrator shall be 243

advised of the disturbance within seven days of commencing the land‐disturbing 244

activity and compliance with the administrative requirements of Subsection (a) is 245

required within 30 days of commencing the land‐disturbing activity. 246

247

Sec. 1‐4. ‐ STORMWATER MANAGEMENT PROGRAM ESTABLISHED; SUBMISSION AND 248

APPROVAL OF PLANS; PROHIBITIONS. 249

250

(a) Pursuant to § 62.1‐44.15:27 of the Code of Virginia, Gloucester County hereby 251

establishes a Virginia stormwater management program for land‐disturbing activities 252

and adopts the applicable Regulations that specify standards and specifications for 253

VSMPs promulgated by the State Board for the purposes set out in Section 1‐1 of 254

this Ordinance. The Gloucester County Board of Supervisors hereby designates the 255

County Administrator as the Administrator of the Virginia stormwater management 256

program. 257

258

(b) No VSMP authority permit shall be issued by the Administrator, until the following items 259

have been submitted to and approved by the Administrator as prescribed herein: 260

261

(1) A permit application that includes a general permit registration statement; 262

263

(2) An erosion and sediment control plan approved in accordance with Erosion 264

and Sediment Control Ordinance of Gloucester County, Virginia (Chapter 7.5); and 265

266

(3) A stormwater management plan that meets the requirements of Section 1‐6 of 267

this Ordinance. 268

269

(c) No VSMP authority permit shall be issued until evidence of general permit coverage is 270

obtained. 271

272

(d) No VSMP authority permit shall be issued until the fees required to be paid pursuant to 273

Section 1‐15, are received, and a reasonable performance surety required pursuant to 274

Section 1‐16 of this Ordinance has been submitted. 275

276

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(e) No VSMP authority permit shall be issued unless and until the permit application and 277

attendant materials and supporting documentation demonstrate that all land clearing, 278

construction, disturbance, land development and drainage will be done according to the 279

approved permit. 280

281

(f) No grading, building or other local permit shall be issued for a property unless a VSMP 282

authority permit has been issued by the Administrator. 283

284

Sec. 1‐5. ‐ STORMWATER POLLUTION PREVENTION PLAN; CONTENTS OF PLANS. 285

286

(a) The Stormwater Pollution Prevention Plan (SWPPP) shall include the content specified 287

by Section 9VAC25‐870‐54 and must also comply with the requirements and general 288

information set forth in Section 9VAC25‐880‐70, Section II [stormwater pollution 289

prevention plan] of the general permit. 290

291

(b) The SWPPP shall be amended by the operator whenever there is a change in 292

design, construction, operation, or maintenance that has a significant effect on the 293

discharge of pollutants to state waters which is not addressed by the existing SWPPP. 294

295

(c) The SWPPP must be maintained by the operator at a central location onsite. If an 296

onsite location is unavailable, notice of the SWPPP's location must be posted near the 297

main entrance at the construction site. 298

299

Sec. 1‐6. ‐ STORMWATER MANAGEMENT PLAN; CONTENTS OF PLAN. 300

301

(a) The Stormwater Management Plan, required in Section 1‐4 of this Ordinance, must 302

apply the stormwater management technical criteria set forth in Section 1‐9 of this 303

Ordinance to the entire common plan of development or sale where applicable. 304

Individual lots or parcels in a residential, commercial, or industrial common plan of 305

development or sale shall not be considered to be separate land‐disturbing activities. 306

Instead, the common plan, as a whole, shall be considered to be a single land‐disturbing 307

activity. 308

309

(b) The Stormwater Management Plan shall consider all known sources of surface runoff 310

and all known sources of subsurface and groundwater flows converted to surface runoff, 311

and include the following information and as required by the VSMP Permit Regulations 312

(9VAC25‐870‐55) and the Administrative Guidance Manual: 313

314

(c) A complete stormwater management plan shall include the following elements: 315

316

(1) Information on the type and location of stormwater discharges; information on 317

the features to which stormwater is being discharged including surface waters or 318

karst features, if present, and the predevelopment and postdevelopment drainage 319

areas; 320

321

(2) Contact information including the name, address, email address, and telephone 322

number of the owner and the tax reference number, parcel number, and RPC of 323

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the property or properties affected; 324

325

(3) A narrative that includes a description of current site conditions and final site 326

conditions; 327

328

(4) A general description of the proposed stormwater management facilities and 329

the mechanism through which the facilities will be operated and maintained after 330

construction is complete and a note that states the stormwater management meets 331

the requirements set forth in the VSMP Permit Regulations (9VAC25‐870‐55) and the 332

Administrative Guidance Manual; 333

(5) Information on the proposed stormwater management facilities, including: 334

(i) The type of facilities; 335

(ii) Location, including geographic coordinates; 336

(iii) Acres treated; and 337

(iv) The surface waters or karst features, if present, into which the facility will 338

discharge. 339

340

(6) Hydrologic and hydraulic computations, including runoff characteristics; 341

342

(7) Documentation and calculations verifying compliance with the water quality and 343

quantity requirements of Section 1‐9 of this Ordinance and the Administrative 344

Guidance Manual. 345

(8) A map or maps of the site that depicts the topography of the site and includes: 346

(i) All contributing drainage areas; 347

(ii) Existing streams, ponds, culverts, ditches, wetlands, other water bodies, 348

and floodplains; 349

iii) Soil types, geologic formations if karst features are present in the area, 350

forest cover, and other vegetative areas; 351

(iv) Current land use including existing structures, roads, and locations of known 352

utilities and easements; 353

(v) Sufficient information on adjoining parcels to assess the impacts of 354

stormwater from the site on these parcels; 355

(vi) The limits of clearing and grading, and the proposed drainage patterns on 356

the site; 357

(vii) Proposed buildings, roads, parking areas, utilities, and stormwater 358

management facilities; and 359

(viii) Proposed land use with tabulation of the percentage of surface area to 360

be adapted to various uses, including but not limited to planned 361

locations of utilities, roads, and easements. 362

363

(d) If an operator intends to meet the water quality and/or quantity requirements set forth 364

in Section 1‐9 of this Ordinance through the use of off‐site compliance options, where 365

applicable, then a letter of availability from the off‐site provider must be included. 366

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Approved off‐site options must achieve the necessary nutrient reductions prior to the 367

commencement of the applicant's land‐disturbing activity except as otherwise allowed 368

by § 62.1‐44.15:35 of the Code of Virginia. 369

370

(e) Elements of the stormwater management plans that include activities regulated under 371

Chapter 4 (§54.1‐400 et seq.) of Title 54.1 of the Code of Virginia shall be appropriately 372

sealed and signed by a professional registered in the Commonwealth of Virginia 373

pursuant to Article 1 (§ 54.1‐400 et seq.) of Chapter 4 of Title 54.1 of the Code of 374

Virginia. 375

376

(f) A construction record drawing for permanent stormwater management facilities shall be 377

submitted to the Administrator. The construction record drawing shall be 378

appropriately sealed and signed by a professional engineer, architect, landscape 379

architect, or land surveyor registered in the Commonwealth of Virginia, certifying that 380

the stormwater management facilities have been constructed in accordance with the 381

approved plan 382

383

Sec. 1‐7. – POLLUTION PREVENTION PLAN; CONTENTS OF PLANS. 384

385

(a) Pollution Prevention Plan, required by 9VAC25‐870‐56, shall be developed, 386

implemented, and updated as necessary and must detail the design, installation, 387

implementation, and maintenance of effective pollution prevention measures to 388

minimize the discharge of pollutants. At a minimum, such measures must be designed, 389

installed, implemented, and maintained to: 390

391

(1) Minimize the discharge of pollutants from equipment and vehicle washing, wheel 392

wash water, and other wash waters. Wash waters must be treated in a sediment 393

basin or alternative control that provides equivalent or better treatment prior to 394

discharge; 395

396

(2) Minimize the exposure of building materials, building products, construction wastes, 397

trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary 398

waste, and other materials present on the site to precipitation and to stormwater; 399

and 400

401

(3) Minimize the discharge of pollutants from spills and leaks and implement chemical 402

spill and leak prevention and response procedures. 403

404

(b) The pollution prevention plan shall include effective best management practices to 405

prohibit the following discharges: 406

407

(1) Wastewater from washout of concrete, unless managed by an appropriate control; 408

409

(2) Wastewater from washout and cleanout of stucco, paint, form release oils, 410

curing compounds, and other construction materials; 411

412

(3) Fuels, oils, or other pollutants used in vehicle and equipment operation 413

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and maintenance; and 414

415

(4) Soaps or solvents used in vehicle and equipment washing. 416

417

(c) Discharges from dewatering activities, including discharges from dewatering of trenches 418

and excavations, are prohibited unless managed by appropriate controls. 419

420

Sec. 1‐8. ‐ REVIEW OF STORMWATER MANAGEMENT PLAN. 421

422

(a) The Administrator, or designee, shall review stormwater management plans and shall 423

approve or disapprove a stormwater management plan according to the following: 424

425

(1) The Administrator shall determine the completeness of a plan in accordance 426

with Section 1‐6 of this Ordinance, and shall notify the applicant, in writing, of such 427

determination, within 15 working days of receipt of VSMP permit application 428

notification. If the plan is deemed to be incomplete, the above written 429

notification shall contain the reasons the plan is deemed incomplete. 430

431

(2) The Administrator shall have an additional 60 calendar days from the date of the 432

communication of completeness to review the plan, except that if a determination of 433

completeness is not made within the time prescribed in subdivision (1), then plan 434

shall be deemed complete and the Administrator shall have 60 calendar days from 435

the date of submission to review the plan. 436

437

(3) For plans not approved by the Administrator, including an incomplete submittal, all 438

comments shall be addressed and resubmitted by the applicant within 180 calendar 439

days. Plans that are not resubmitted within this time period may be subject to a new 440

application fee, as outlined in the Administrative Guidance Manual or referenced as a 441

re‐submittal fee in the Fee Schedule. 442

443

(4) The Administrator shall review any plan that has been previously disapproved, within 444

45 calendar days of the date of resubmission. 445

446

(5) During the review period, the plan shall be approved or disapproved and the decision 447

communicated in writing to the Applicant. If the plan is not approved, the reasons 448

for not approving the plan shall be provided in writing to the Applicant. Approval or 449

denial shall be based on the plan's compliance with the requirements of this 450

Ordinance and the Administrative Guidance Manual. 451

452

(6) If a plan meeting all requirements of this Ordinance is submitted and no action is 453

taken within the time provided above in subdivision (2) for review, the plan shall be 454

deemed approved. 455

456

(b) Approved stormwater plans may be modified as follows: 457

458

(1) Modifications to an approved stormwater management plan shall be allowed 459

only after review and written approval by the Administrator. The Administrator shall 460

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have 60 calendar days to respond in writing either approving or disapproving such 461

request. 462

463

(2) The Administrator may require that an approved stormwater management plan 464

be amended, within a time prescribed by the Administrator, to address any 465

deficiencies noted during inspection. 466

467

(c) The Operator shall submit to the Administrator construction record drawing for 468

permanent stormwater management facilities. 469

470

Sec. 1‐9 ‐ TECHNICAL CRITERIA FOR REGULATED LAND DISTURBING ACTIVITIES. 471

472

(a) To protect the quality and quantity of state water from the potential harm of 473

unmanaged stormwater runoff resulting from land‐disturbing activities, the Locality 474

hereby adopts the technical criteria for regulated land‐disturbing activities set forth in 475

9VAC25‐870‐62 [Part II B of the Regulations], as amended, expressly to include 9VAC25‐476

870‐63 [water quality design criteria requirements]; 9VAC25‐870‐65 [water quality 477

compliance]; 9VAC25‐870‐66 [water quantity]; 9VAC25‐870‐69 [offsite compliance 478

options]; 9VAC25‐870‐72 [design storms and hydrologic methods]; 9VAC25‐870‐74 479

[stormwater harvesting]; 9VAC25‐870‐76 [linear development project]; 9VAC25‐870‐85 480

[stormwater management impoundment structures or facilities]; and, 9VAC25‐870‐92. 481

[comprehensive stormwater management plans], which shall apply to all land‐disturbing 482

activities regulated pursuant to this Ordinance, except as expressly set forth in 483

Subsection (b) and ( c ) of this Section. 484

485

(b) Any land‐disturbing activity shall be considered grandfathered and shall be subject to 486

9VAC25‐870‐93 thru 99 [Part II C Technical Criteria of the Regulations] provided: 487

488

(1) A proffered conditional zoning plan, proffered plan of development, preliminary 489

or final subdivision plat, preliminary or final site plan, or any document 490

determined by the locality to be equivalent thereto (i) was approved by the 491

locality prior to July 1, 2012, (ii) provided a layout as defined in 9VAC25‐870‐10, 492

(iii) will comply with the Part II C Technical Criteria of the Regulations, and (iv) has 493

not been subsequently modified or amended in a manner resulting in an increase 494

in the amount of phosphorus leaving each point of discharge or the volume or 495

rate of runoff; 496

497

(2) A state permit has not been issued prior to July 1, 2014; and 498

499

(3) Land disturbance did not commence prior to July 1, 2014. 500

501

(c) Locality, state, and federal projects shall be considered grandfathered by the VSMP 502

authority and shall be subject to the Part II C technical criteria of this chapter provided: 503

504

(1) There has been an obligation of locality, state, or federal funding, in whole or in 505

part, prior to July 1, 2012, or 506

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507

(2) A state permit has not been issued prior to July 1, 2014; and 508

509

(3) Land disturbance did not commence prior to July 1, 2014. 510

511

(d) Land disturbing activities grandfathered under subsections b and c of this section shall 512

remain subject to the Part II C Technical Criteria of the Regulations for one additional state 513

permit cycle. After such time, portions of the project not under construction shall become 514

subject to any new technical criteria adopted by the board. 515

516

(e) The Administrator may grant exceptions to the technical requirements of Part II B or Part 517

II C of the Regulations, provided that (i) the exception is the minimum necessary to 518

afford relief, (ii) reasonable and appropriate conditions are imposed so that the intent of 519

the Act, the Regulations, and this Ordinance are preserved, (iii) granting the 520

exception will not confer any special privileges that are denied in other similar 521

circumstances, and (iv) exception requests are not based upon conditions or 522

circumstances that are self‐ imposed or self‐created. Economic hardship alone is not 523

sufficient reason to grant an exception from the requirements of this Ordinance. 524

Exceptions granted shall be reported to the Department of Environmental Quality. 525

526

(1) Exceptions to the requirement that the land‐disturbing activity obtain required 527

VSMP authority permit shall not be given by the Administrator, nor shall the 528

Administrator approve the use of a BMP not found on the Virginia Stormwater 529

BMP Clearinghouse Website, or any other control measure duly approved by the 530

Department. 531

532

(2) Exceptions to requirements for phosphorus reductions shall not be allowed 533

unless offsite options otherwise permitted pursuant to 9VAC25‐870‐69 have been 534

considered and found not available. 535

536

(g) Nothing in this Section shall preclude an operator from constructing to a more 537

stringent standard at their discretion. 538

539

Sec. 1‐10 ‐ LONG‐TERM MAINTENANCE OF PERMANENT STORMWATER FACILITIES 540

541

(a) The Administrator shall require the provision of long‐term responsibility for and 542

maintenance of stormwater management facilities and other techniques specified to 543

manage the quality and quantity of runoff. Such requirements shall be set forth in 544

an instrument recorded in the local land records prior to general permit termination or 545

earlier as required by the Administrator and shall at a minimum: 546

547

(1) Be submitted to the Administrator for review and approval prior to the approval of 548

the stormwater management plan; 549

550

(2) Be stated to run with the land; 551

552

13

(3) Provide for all necessary access to the property for purposes of maintenance 553

and regulatory inspections; 554

555

(4) Provide for inspections and maintenance and the submission of inspection 556

and maintenance reports to the Administrator; and 557

558

(5) Be enforceable by all appropriate governmental parties. 559

560

Sec. 1‐11. ‐ MONITORING AND INSPECTIONS. 561

562

(a) Pursuant to § 62.1‐44.15:37 of the Code of Virginia, the Administrator or any duly 563

authorized agent of the Administrator shall provide for periodic inspections of the land‐564

disturbing activity during construction for: 565

566

(1) Compliance with the approved erosion and sediment control plan; 567

(2) Compliance with the approved stormwater management plan; 568

(3) Development, updating, and implementation of a pollution prevention plan; and 569

570

(4) Development and implementation of any additional control measures necessary 571

to address a TMDL. 572

573

(b) The Administrator or any duly authorized agent of the Administrator may, at reasonable 574

times and under reasonable circumstances, enter any establishment or upon any 575

property, public or private, for the purpose of obtaining information or conducting 576

surveys or investigations necessary in the enforcement of the provisions of this 577

Ordinance when reasonable notice has been provided to the owner / agent. 578

579

(c) In accordance with a performance bond with surety, cash escrow, letter of credit, any 580

combination thereof, or such other legal arrangement or instrument, the 581

Administrator may also enter any establishment or upon any property, public or private, 582

for the purpose of initiating or maintaining appropriate actions which are required 583

by the permit conditions associated with a permitted activity when a permittee, 584

after proper notice, has failed to take acceptable action within the time specified. 585

586

(d) Pursuant to § 62.1‐44.15:40 of the Code of Virginia, the Administrator may require every 587

VSMP authority permit applicant or permittee, or any such person subject to VSMP 588

authority requirements under this Ordinance, to furnish when requested such 589

application materials, plans, specifications, and other pertinent information as may be 590

necessary to determine the effect of his discharge on the quality of state waters, or such 591

other information as may be necessary to accomplish the purposes of this Ordinance. 592

Refer to § 62.1‐44.15:40 regarding protection of specified confidential information. 593

594

(e) Post‐construction inspections of stormwater management facilities required by the 595

provisions of this Ordinance and the recorded maintenance agreement shall be 596

14

conducted by the Owner and at the Owner’s cost pursuant to the Locality's adopted 597

and State Board approved inspection program, and shall occur within the minimum 598

frequencies shown in BMP Inspection Frequency Table within the Administrative 599

Guidance Manual following approval of the final construction record report for each 600

stormwater facility. 601

602

(f) The owner shall furnish to the Administrator an inspection report prepared by a qualified 603

inspector within the time frames provided in the BMP Inspection Frequency Table within 604

the Administrative Guidance Manual. This report shall include, but not limited to 605

current photographs of the BMP, a summary of the current BMP condition, and any 606

recommendations for improvements, if necessary. 607

608

(g) Qualified inspection personnel include professional engineer, architect, landscape 609

architect, or land surveyor registered in the Commonwealth of Virginia and project 610

inspector or combined administrator for stormwater authority who have met the 611

certification requirements of 62.1‐44.15:30. 612

613

(h) Post‐construction inspections of stormwater management facilities required by the 614

provisions of this Ordinance may be conducted by the Administrator pursuant to the 615

Locality's adopted and State Board approved inspection program, and shall occur, at a 616

minimum, at least once every five (5) years. 617

618

619

Sec. 1‐12. – HEARINGS 620

621

(a) Any permit applicant or permittee, or person subject to Ordinance 622

requirements, aggrieved by any action of Gloucester County taken without a formal 623

hearing, or by inaction of Gloucester County, may demand in writing a formal hearing by 624

the S t o rmwa t e r B o a r d causing such grievance, provided a petition requesting 625

such hearing is filed with the Administrator within 30 days after notice of such action 626

is given by the Administrator. 627

628

(b) The hearings held under this section shall be conducted by the S t o rmwa t e r B o a r d 629

time and place identified by the S t o rmwa t e r B o a r d . 630

631

(c) A verbatim record of the proceedings of such hearings shall be taken and filed with 632

S t o rmwa t e r B o a r d . Depositions may be taken and read as in actions at law. 633

634

(d) The S t o rmwa t e r B o a r d shall have power to issue subpoenas and subpoenas 635

duces tecum, and at the request of any party shall issue such subpoenas. The failure 636

of a witness without legal excuse to appear or to testify or to produce documents shall 637

be acted upon by the local governing body, or its designated member, whose action may 638

include the procurement of an order of enforcement from the circuit court. 639

Witnesses who are subpoenaed shall receive the same fees and reimbursement for 640

mileage as in civil actions. 641

642

15

Sec. 1‐13. ‐ APPEALS. 643

644

(a) Final decision of the County under this chapter shall be subject to review by the Circuit 645

Court of Gloucester County, provided an appeal is filed within thirty (30) days from the 646

date of any written decision adversely affecting the rights, duties, or privileges of the 647

person engaging in or proposing to engage in land‐disturbing activities. 648

649

Sec. 1‐14. ‐ ENFORCEMENT 650

651

(a) If the Administrator determines that there is a failure to comply with the VSMP 652

authority permit conditions or determines there is an unauthorized discharge, notice 653

shall be served upon the permittee or person responsible for carrying out the permit 654

conditions by, but not limited to, any of the following: verbal warnings and inspection 655

reports, notices of violation, notices of corrective action, consent special orders, and 656

notices to comply. Written notices shall be served by registered or certified mail to 657

the address specified in the permit application or by delivery at the site of the 658

development activities to the agent or employee supervising such activities. 659

660

(1) The notice shall specify the measures needed to comply with the permit 661

conditions and shall specify the time within which such measures shall be 662

completed. Upon failure to comply within the time specified, a stop work order may 663

be issued in accordance with Subsection (b) or the permit may be revoked by the 664

Administrator. 665

666

(2) If a permittee fails to comply with a notice issued in accordance with this Section 667

within the time specified, the Administrator may issue an order requiring the owner, 668

permittee, person responsible for carrying out an approved plan, or the person 669

conducting the land‐disturbing activities without an approved plan or required 670

permit to cease all land‐disturbing activities until the violation of the permit has 671

ceased, or an approved plan and required permits are obtained, and specified 672

corrective measures have been completed. 673

674

Such orders shall be issued in accordance with Gloucester County Administrative 675

Guidance Manual. Such orders shall become effective upon service on the person by 676

certified mail, return receipt requested, sent to his address specified in the land 677

records of the locality, or by personal delivery by an agent of the Administrator. 678

However, if the Administrator finds that any such violation is grossly affecting or 679

presents an imminent and substantial danger of causing harmful erosion of lands 680

or sediment deposition in waters within the watersheds of the Commonwealth or 681

otherwise substantially impacting water quality, it may issue, without advance notice 682

or hearing, an emergency order directing such person to cease immediately all land‐683

disturbing activities on the site and shall provide an opportunity for a hearing, after 684

reasonable notice as to the time and place thereof, to such person, to affirm, modify, 685

amend, or cancel such emergency order. If a person who has been issued an order 686

is not complying with the terms thereof, the Administrator may institute a 687

proceeding for an injunction, mandamus, or other appropriate remedy in 688

16

accordance with Subsection 1‐14 (c). 689

690

(b) In addition to any other remedy provided by this Ordinance, if the Administrator or his 691

designee determines that there is a failure to comply with the provisions of this 692

Ordinance, they may initiate such informal and/or formal administrative enforcement 693

procedures in a manner that is consistent with the Administrative Guidance Manual. 694

695

(c) Any person violating or failing, neglecting, or refusing to obey any rule, regulation, 696

ordinance, order, approved standard or specification, or any permit condition issued 697

by the Administrator may be compelled in a proceeding instituted in Circuit Court of 698

Gloucester County to obey same and to comply therewith by injunction, mandamus or 699

other appropriate remedy. 700

701

(d) Any person who violates any provision of this Ordinance or who fails, neglects, or 702

refuses to comply with any order of the Administrator, shall be subject to a civil penalty 703

not to exceed $32,500 for each violation within the discretion of the court. Each day of 704

violation of each requirement shall constitute a separate offense. 705

706

(1) Violations for which a penalty may be imposed under this Subsection shall include 707

but not be limited to the following: 708

(i) No state permit registration; 709

(ii) No SWPPP; 710

(iii) Incomplete SWPPP; 711

(iv) SWPPP not available for review; 712

(v) No approved erosion and sediment control plan; 713

(vi) Failure to install stormwater BMPs or erosion and sediment controls; 714

(vii) Stormwater BMPs or erosion and sediment controls improperly installed 715

or maintained; 716

(viii) Operational deficiencies; 717

(ix) Failure to conduct required inspections; 718

(x) Incomplete, improper, or missed inspections; and 719

(xi) Discharges not in compliance with the requirements of Section 9VAC25‐880‐ 720

70 of the general permit. 721

722

(2) The Administrator may issue a summons for collection of the civil penalty and the 723

action may be prosecuted in the appropriate court. 724

725

(3) In imposing a civil penalty pursuant to this Subsection, the court may consider 726

the degree of harm caused by the violation and also the economic benefit to the 727

violator from noncompliance. 728

729

(4) Any civil penalties assessed by a court as a result of a summons issued by the 730

Locality shall be paid into the treasury of Gloucester County to be used for the 731

purpose of minimizing, preventing, managing, or mitigating pollution of the 732

waters of the locality and abating environmental pollution therein in such manner 733

as the court may, by order, direct. 734

735

17

(e) Notwithstanding any other civil or equitable remedy provided by this Section or by law, 736

any person who willfully or negligently violates any provision of this Ordinance, any 737

order of the Administrator, any condition of a permit, or any order of a court shall, 738

be guilty of a misdemeanor punishable by confinement in jail for not more than 12 739

months or a fine of not less than $2,500 nor more than $32,500, or both. 740

(f) Violation of any provision of this article may also include the following sanctions: 741

(1) The VSMP authority, where authorized to enforce this article, may apply to the Circuit 742

Court of Gloucester County to enjoin a violation or a threatened violation of the 743

provisions of this article or of the local ordinance without the necessity of showing 744

that an adequate remedy at law does not exist. 745

(2) With the consent of any person who has violated or failed, neglected, or refused to 746

obey any ordinance, any condition of a permit, any order of the VSMP authority, or 747

any provision of this article, the VSMP authority may provide, in an order issued 748

against such person, for the payment of civil charges for violations in specific sums, 749

not to exceed the limit specified in this section. Such civil charges shall be instead of 750

any appropriate civil penalty that could be imposed under this section. Any civil 751

charges collected shall be paid to the treasury of Gloucester County pursuant to 752

subsection (d)(4). Charges collected shall be applied to environmental restoration. 753

Sec. 1‐15. ‐ FEES 754

755

(a) Fees to cover costs associated with implementation of a VSMP related to land disturbing 756

activities and issuance of general permit coverage and VSMP authority permits shall be 757

imposed in accordance with the VSMP Permit Regulations 9VAC25‐870‐820 and provided 758

in the Administrative Guidance Manual. 759

760

(b) The applicable fees designated to the Administrator shall be paid by the Applicant 761

directly to the Administrator at the initial plan submittal; fees designated to the 762

Department shall be paid by the Applicant directly to the Department through the online 763

e‐permitting system. 764

765

(c) Fees for the modification or transfer of registration statements from the general 766

permit issued by the State Board shall be imposed in accordance with the VSMP 767

Permit Regulations 9VAC25‐870‐825 and the Administrative Guidance Manual and shall 768

be paid directly to the Administrator. 769

770

(d) If the general permit modifications result in changes to stormwater management plans 771

that require additional review by Gloucester County, such reviews shall be subject to the 772

fees set out in the VSMP Permit Regulations 9VAC25‐870‐825 and the Administrative 773

Guidance Manual. 774

775

(e) The fee assessed shall be based on the total disturbed acreage of the site. In addition to the 776

general permit modification fee, modifications resulting in an increase in total disturbed 777

18

acreage shall pay the difference in the initial permit fee paid and the permit fee that would 778

have applied for the total disturbed acreage in the VSMP Permit Regulations9VAC25‐870‐779

820 and the Administrative Guidance Manual. These fees shall be paid directly to the 780

Administrator. 781

782

(f) Annual permit maintenance shall be imposed in accordance with the VSMP Permit 783

Regulations 9VAC25‐870‐830, including fees imposed on expired permits that have been 784

administratively continued. With respect to the general permit, these fees shall apply until 785

the permit coverage is terminated. 786

787

(g) General permit coverage maintenance fees shall be paid annually to Gloucester County, by 788

the anniversary date of general permit coverage. No permit will be reissued or 789

automatically continued without payment of the required fee. General permit coverage 790

maintenance fees shall be applied until a Notice of Termination is effective. 791

792

(f) The fees set forth in Subsections (a) through (e) above, shall apply to: 793

794

(1) All persons seeking coverage under the general permit. 795

796

(2) All permittees who request modifications to or transfers of their existing 797

registration statement for coverage under a general permit. 798

799

(3) Persons whose coverage under the general permit has been revoked shall apply to 800

the Department for an Individual Permit for Discharges of Stormwater from 801

Construction Activities. 802

803

(4) Permit and permit coverage maintenance fees outlined under Section 1‐15 (a 804

through f) may apply to each general permit holder. 805

806

(g) No general permit application fees will be assessed to: 807

808

(1) Permittees who request minor modifications to general permits as defined in 809

Section 1‐2 of this Ordinance. Permit modifications at the request of the permittee 810

resulting in changes to stormwater management plans that require additional review 811

by the Administrator shall not be exempt pursuant to this Section. 812

813

(2) Permittees whose general permits are modified or amended at the initiative of 814

the Department, excluding errors in the registration statement identified by the 815

Administrator or errors related to the acreage of the site. 816

817

(h) All incomplete payments will be deemed as nonpayments, and the applicant shall be 818

notified of any incomplete payments. Interest may be charged for late payments at 819

the underpayment rate set forth in §58.1‐15 of the Code of Virginia and is calculated 820

on a monthly basis at the applicable periodic rate. A 10% late payment fee shall be 821

charged to any delinquent (over 90 days past due) account. Gloucester County shall 822

be entitled to all remedies available under the Code of Virginia in collecting any past due 823

19

amount. 824

825

1‐16. PERFORMANCE BOND (9VAC25‐870‐104.D and Code §62.1‐44.15:34) 826

827

Prior to issuance of any permit, the Applicant shall be required to submit a 828

reasonable performance bond with surety, cash escrow, letter of credit, any combination 829

thereof, or such other legal arrangement acceptable to the local government attorney 830

and Administrator, or designee, to ensure that measures could be taken by Gloucester 831

County at the Applicant's expense should he fail, after proper notice, within the 832

time specified to initiate or maintain appropriate actions which may be required of 833

him by the permit conditions as a result of his land disturbing activity. If Gloucester 834

County takes such action upon such failure by the Applicant, Gloucester County may 835

collect from the Applicant for the difference should the amount of the reasonable cost 836

of such action exceed the amount of the security held, if any. Within 60 days of the 837

completion of the requirements of the permit conditions, such bond, cash escrow, 838

letter of credit or other legal arrangement, or the unexpended or unobligated portion 839

thereof, shall be refunded to the Applicant or terminated. 840

841

1

VIRGINIA STORMWATER MANAGEMENT PROGRAM (VSMP)

REQUIRED ELEMENTS OF

LOCAL VSMP & APPLICATION PACKAGE

Locality: Gloucester Prepared by: Scott Rae, Environmental Programs Administrator

Date: January 15, 2014 To facilitate review of the local Virginia Stormwater Management Program (VSMP) application package, the following information is necessary. This checklist is intended to be used to provide a locality with a list of items, documents and procedures that must be submitted to Department of Environmental Quality (DEQ) staff in order for the Virginia Water Control Board (Board) to approve the local VSMP. All items listed are requirements in the Virginia Stormwater Management Program (VSMP) Permit Regulations and the Virginia Stormwater Management Act.

VSMP Application Package Components – 9VAC25-870-150 - Authorization procedures for Virginia stormwater management programs.

The following are the items that must be submitted by localities required to adopt a VSMP in accordance with § 62.1-44.15:27 of the Code of Virginia or towns electing to adopt their own VSMPs as part of the application package:

1. The draft VSMP ordinance(s) as required in 9VAC25-870-148; 2. A funding and staffing plan; 3. The policies and procedures including, but not limited to, agreements with Soil and Water Conservation Districts, adjacent localities, or other public or private entities for the administration, plan review, inspection, and enforcement components of the program; and 4. Such ordinances, plans, policies, and procedures must account for any town lying within the county as part of the locality's VSMP program unless such towns choose to adopt their own program. The information referenced under “information needed for review” is to be provided by local staff. Local staff should replace the description of information requested in the “Local Staff to Provide” column with the location, local ordinance citation, or brief summary of requested information.

Locality: _______________

2

Item #

Code/Regulatory citation

Information needed for review Local Staff to Provide DEQ Staff Review of Information from

Locality 1. 62.1-44.15:27 E

9VAC25-870-150.A.1

Copy of the final draft of the local Stormwater Management Ordinance (s).

DRAFT ordinance provided in preliminary FINAL (pF) submittal packet emailed to Kevin Landry as a PDF file.

Ordinance provided? Yes No Comments:

2. 9VAC25-870-150.A.2

Funding and staffing plan. Current funding and staffing (F&S) plan / narrative, as provided to Board of Supervisors (BOS), has been incorporated in pF submittal packet. BOS endorsement anticipated prior to May 15, 2014 final submittal.

Information provided? Yes No Comments:

3. 62.1-44.15:27 A 9VAC25-870-150.A.3

Is the locality partnering with adjacent localities or other entities for the administration, plan review, inspection and enforcement components of a stormwater management program?

There are currently no agreements with other entities for program operation.

Information provided? Yes No N/A Comments:

4. 9VAC25-870-150.A.4

Ordinance language, policies and procedures that account for any town lying within the county as part of the locality’s VSMP program unless such towns choose to adopt their own program.

There are currently no towns within Gloucester subject to VSMP adoption.


5. 62.1-44.15:33 Identification of any provisions of a local stormwater management program in existence before January 1, 2013 that contains more stringent provisions than the current VSMP regulations.

No alternate stormwater programs exist(ed). Information provided? Yes No N/A Comments:

6. 9VAC25-870-148.A.1

Identification of the authority accepting complete registration

County Administrator or Designee (Gloucester’s Environmental Programs has

Information provided? Yes No

Locality: _______________

3

statements, and of authorities completing plan review, plan approval, inspection and enforcement.

been identified as designee) Comments:

7. 9VAC25-870-148.A.2

Identification of ordinance language and processes for the review and approval of erosion and sediment control and stormwater management plans. [Local staff should provide documentation of processes and procedures for erosion & sediment control and stormwater management plan reviews.]

Refer to DRAFT SW Ordinance Sec. 1-8- APPENDIX D, VSMP Project Process Plan and APPENDIX G Erosion Control and Stormwater Management Plan Application Form & Checklist of the Administrative Guidance Manual (AGM) for documentation of processes and procedures for stormwater management plan reviews; erosion and sediment plan review is addressed in Gloucester’s Ordinance, Section 7.5-7-- Action on erosion and sediment control plans


8. 9VAC25-870-148.A.4 9VAC25-870-114

Identification of inspection program for land disturbing activities.

A VSMP Permit & SWPPP Construction Inspection Report form is provided in Appendix N of the AGM.


9. 9VAC25-870-112 9VAC25-870-148.A.5

Identification of requirements for the long term inspection and maintenance of BMPs. Local staff should identify where the specific requirements for long term maintenance of BMPs are located within the local Stormwater Management Ordinance(s) and provide policies and procedures to administer these requirements. Local staff should also provide description of procedures to track BMPs and ensure BMP maintenance through a recorded instrument.

DRAFT SW ordinance sections 1-10 and 1-11 detail long-term BMP maintenance and inspections. The AGM, section 9, provides a BMP Inspection Frequency table. BMPs are tracked through the County’s permitting software program. A stormwater maintenance agreement is traditionally recorded prior to issuing disturbance permits. Refer to DRAFT ordinance section 1-10 and 6.1 of the AGM.


10. 9VAC25-870- Identification of location of fee Fees have not been established at this time. Information provided?

Locality: _______________

4

148.A.6 9VAC25-870-700 9VAC25-870-800

structure and if the fee structure differs from the statewide fee schedule. Local staff should identify where the fee structure is located, either within the local Stormwater Management Ordinance or elsewhere, if applicable. If the local VSMP has determined to lower the fees established in 9VAC25-870-800, the locality must demonstrate through documentation, that they will be able to administer all elements of the VSMP with the reduced fees. If the locality chooses to increase fees, the locality must demonstrate through documentation, that the greater fees are necessary to administer the program.

Fees will be incorporated in a separate fee schedule.

Yes No Comments:

11. 9VAC25-870-148.A.7 9VAC25-870-116

Explanation of local enforcement for stormwater management program.

DRAFT ordinance section 1-14 identifies enforcement as supplemented by AGM section 11- Enforcement Guidance


12. 9VAC25-870-148.A.8

Identification of policies/procedures for obtaining and releasing bonds as applicable. Local staff should provide the location of any procedures for obtaining and releasing bonds, either within the local Stormwater Management Ordinance(s) or elsewhere. Note: having procedures for the obtaining and release of bonds is an option for localities.

Section 1-16 addresses Performance Bonds and AGM, Sec 6.2 provides procedures on managing sureties.


13. 9VAC25-870-148.A.9

Identification of procedures for reporting and recordkeeping.

Refer to AGM Section 10 Reporting and Recordkeeping Guidance for annual

Information provided? Yes No

Locality: _______________

5

9VAC25-870-126

procedures. Comments:

Other supporting documentation

14. 9VAC25-870-65

Copy of BMP design criteria. Gloucester currently proposes to use BMPs validated through the BMP Clearinghouse. http://vwrrc.vt.edu/swc/


The following is to be completed by DEQ staff.

15. Is the local Erosion and Sediment Control program consistent as defined in 62.1-44.15:54.D?

DEQ staff should verify status in advance and note here prior to sending to local contact.

Yes No Comments:

16. a. Is the locality within Tidewater Virginia as defined in

the Chesapeake Bay Preservation Act? b. If so, is the local Bay Act program consistent and

compliant?

DEQ staff should verify status in advance and note here prior to sending to local contact.

a. Yes No Comments: b. Yes No Comments:

17. Is the locality an MS4 locality? DEQ staff should verify status in advance and note here prior to sending to local contact.

Yes No Comments:

VIRGINIA STORMWATER MANANGEMENT PROGRAM (VSMP) LOCAL ORDINANCE CHECKLIST

Locality Gloucester Prepared by: Scott Rae, EnvironmentalProgramsAdministrator

Date: January 15, 2014 Virginia local governments that adopt a Virginia State Water Control Board (Board) approved Virginia Stormwater Management Program (VSMP) must develop local ordinances that incorporate specific components of the Virginia Stormwater Management Act and Virginia Stormwater Management Program (VSMP) Regulations. The Department has developed this VSMP Local Ordinance Checklist as a tool to assist Regional Office staff and local governments in the development and review of local SWMP ordinances. It was developed using the DCR Stormwater Management Model Ordinance as a template for organization and minimum requirements. We recommend that the Virginia Stormwater Management Act and the VSMP Permit Regulations be used when reviewing local stormwater ordinances. The relevant code and/or regulatory citations are included to provide the reviewer with the actual regulatory requirement and language. 1-1. PURPOSE AND AUTHORITY

State Code/Regulation Citation

Description Review Strategy Local Code Citation

Review Results

1 4VAC50-60-20 9VAC25-870-20

Purpose: Describes purpose of local VSMP ordinance.

Verify that purpose of the ordinance is described and provides the framework for the administration, implementation and enforcement of the provisions of the Virginia Stormwater Management Act and to delineate the procedures and requirements to be followed in connection with permits issued by a the local VSMP authority.

DRAFT Ordinance Section 1-1

Provision met? Yes No Comments:

2 62.1-44.15:27

Establishes requirement for localities to establish a stormwater management program.

Ensure reference to 62.1-44.15:27 is given. See introduction of Ord and Section 1-1(b)


1-2. DEFINITIONS



Review Results

3 4VAC50-60-10

Definitions: The Model Ordinance includes 33 definitions necessary for

The reviewer should ensure that these 33 definitions are included in the local ordinance. Additional definitions may be included but

Definitions proposed in the DEQ-


2

9VAC25-870-10 inclusion in a local storm water ordinance.

should be reviewed against the Regulations. All definitions should be consistent with the Regulations. Ensure that any references to DCR are changed to DEQ.

generated model have been retained.

1-3. STORMWATER PERMIT REQUIREMENT; EXEMPTIONS State Code/Regulation

Citation Description Review Strategy Local Code

CitationReview Results

4 62.1-44.15:34 A Requires a VSMP authority permit to be issued prior to the commencement of land disturbance.

Verify requirement exists in the local ordinance. DRAFT Ord Section 1-3(a)


5 4VAC50-60-51 4VAC50-60-103 9VAC25-870-51 9VAC25-870-103

Outlines specific technical criteria and administrative requirements land disturbing activities subject to the Chesapeake Bay Preservation Act must meet.

Ensure ordinance states that Chesapeake Bay Act land disturbing activities do not require completion of a registration statement or require coverage under the General Permit but shall be subject to the technical criteria and program and administrative requirements in 4VAC50-60-51. Determine if all 10 technical criteria/administrative requirements are specified in the local ordinance: 1. Erosion and sediment control plan…………. 2. Stormwater management plan 3. Exceptions may be requested 4. Long-term maintenance of stormwater

management facilities 5. Water quality design criteria 6. Water quality compliance 7. Channel protection and flood protection 8. Offsite compliance options available 9. Subject to design storm and hydrologic

methods, linear development controls, and criteria associated with stormwater impoundment structures or facilities

10. Provisions for inspections

DRAFT Ord …Section …..1-4(b)(2) …..1-4(b)(3) …..1-9(e) …..1-10(a) …..1-9(a) …..1-9(a) …..1-9(a)1 …..1-9(a) …..1-9(a) …..1-11

Provision met? Yes No Technical critieria/administrative requirements specified? 1. Yes No 2. Yes No 3. Yes No 4. Yes No 5. Yes No 6. Yes No 7. Yes No 8. Yes No 9. Yes No 10. Yes No Comments:

6 62.1-44.15:34 C Lists 8 activities that are exempt under the Regulations.

Must be phrased exactly like the Code to ensure proper interpretation. Determine if all 8 activities are specified in the local ordinance:

DRAFT Ord Section 1-3

Exempt activities specified? 1. Yes No 2. Yes No

1 Referred to as ‘ water quantity'; 9VAC25-870-66

3

1. Permitted surface or deep mining operations and projects, or oil and gas operations and projects conducted under the provisions of Title 45:1;

2. Clearing of lands specifically for agricultural purposes and the management, tilling, planting or harvesting of agricultural, horticultural, or forest crops, livestock feedlot operations, or as additionally set forth by the Board in regulations, including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (§ 10.1 – 1100 et seq.) or is converted to bona fide agricultural or improved pasture use as described in subsection B of §10.1-1163;

3. Single-family residences separately built and disturbing less than one acre and not part of a larger common plan of development or sale, including additions or modifications to existing single-family detached residential structures. However, localities subject to the Chesapeake Bay Preservation Act (§ 10.1 – 2100 et seq.) may regulate these single family residences where land disturbance exceeds 2,500 square feet;

4. Land disturbing activities that disturb less than one acre of land area except for land disturbing activity exceeding an area of 2,500 square feet in all areas of the jurisdictions designated as subject to the Chesapeake Bay Preservation Area Designation and Management Regulations (9 VAC 10-20) adopted pursuant to the

3. Yes No 4. Yes No 5. Yes No 6. Yes No 7. Yes No 8. Yes No Comments:

4

Chesapeake Bay Preservation Act (§10.1 – 2100 et seq.) or activities that are part of a larger common plan of development or sale that is one acre or greater of disturbance; however, the governing body of any locality that administers a VSMP may reduce this exception to a smaller area of disturbed land or qualify the conditions under which this exception shall apply;

5. Discharges to a sanitary sewer or combined sewer system;

6. Activities under a State or federal reclamation program to return an abandoned property to an agricultural or open land use;

7. Routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original construction of the project. The paving of an existing road with a compacted or impervious surface and reestablishment of existing associated ditches and shoulders shall be deemed routine maintenance if performed in accordance with this subsection;

8. Conducting land-disturbing activities in response to a public emergency where the related work requires immediate authorization to avoid imminent endangerment to human health or the environment. In such situations, the VSMP authority shall be advised of the disturbance within seven days of commencing the land-disturbing activity and compliance with the administrative requirements of subsection A is required within 30 days of commencing the land-disturbing activity.

1-4. STORMWATER MANAGEMENT PROGRAM ESTABLISHED; SUBMISSION AND APPROVAL OF PLANS State Code/Regulation

Citation Description Review Strategy Local Code

Citation Review Results

7 62.1-44.15:34 Requires an approved erosion & Verify these 3 requirements are specified in the DRAFT Ord. Provision met?

5

4VAC50-60-54.A-C 9VAC25-870-54 4VAC50-60-59 9VAC25-870-59

sediment control plan, stormwater management plan, and general permit registration statement prior to issuance of a VSMP authority permit.

local ordinance, where required. Section 1-4(b) Yes No Comments:

8 62.1-44.15:34

Allows for issuance of VSMP authority permit only after evidence of general permit coverage is obtained.

Verify requirement exists in the local ordinance, where required.

DRAFT Ord. Section 1-4(c)


9 4VAC50-60-750.A Requires fees to be paid before issuance of VSMP authority permit.

Verify requirement exists in the local ordinance. DRAFT Ord. Section 1-4(d)


10 62.1-44.15:34 A

Requires approval of a VSMP authority permit prior to issuance of grading, building or other local permit.

Verify requirement exists in the local ordinance. DRAFT Ord. Section 1-4(f)


1-5. STORMWATER POLLUTION PREVENTION PLAN (SWPPP); CONTENTS OF PLAN



Review Results

11 4VAC50-60-54.A 9VAC25-870-54 4VAC50-60-1170, Section II renumbered as 9VAC25-880-70

Requires SWPPP to be in compliance with state regulations and general permit requirements.

Ensure references to 4VAC50-60-54 and 1170 are included. SWPPPs must include: 1. Approved erosion and sediment control plan 2. Approved stormwater management plan 3. Pollution Prevention Plan for regulated land

disturbing activities 4. Description of any additional control

measures necessary to address a TMDL (Not required to be listed in local ordinance as long as regulatory reference is given.)



12 4VAC50-60-54.G 9VAC25-870-54

Describes conditions under which a SWPPP must be amended by the operator.

Verify local ordinance states that SWPPP must be amended when there is a change in design, construction, operation or maintenance that has significant effect on discharge of pollutants not addressed by existing SWPPP.

DRAFT Ord Section 1-5(b)


13 4VAC50-60-54.G Describes conditions under which SWPPP must be maintained by operator.

Verify local ordinance states that the SWPP must be maintained at a central location onsite. If an onsite location is unavailable, notice of the

DRAFT Ord Section 1-5(c)


6

SWPPP’s location must be posted near the main entrance at the construction site.

1-6. STORMWATER MANAGEMENT (SWM) PLAN; CONTENTS OF PLAN



Review Results

14 4VAC50-60-55.A Requires SWM plan to apply technical criteria and consider all sources of surface runoff and subsurface and groundwater flows converted to surface runoff.

Verify requirement exists in the local ordinance. DRAFT Ord Section 1-6(b)


15 4VAC50-60-55.B 1-8 Lists 8 required SWM plan elements.

Determine if all 8 elements are specified in the local ordinance: 1. Information on type/ location of stormwater

discharges, information on features to which stormwater is being discharged, including surface waters or karst features if present, and predevelopment/post development drainage areas;

2. Contact information including name, address, telephone number and parcel number of the property or properties affected;

3. Narrative that includes a description of current site conditions and final site conditions or if allowed by the VSMP authority, the information provided and documented during the review process that addresses the current and final site conditions;

4. General description of the proposed stormwater management facilities and mechanism through which the facilities will be operated/ maintained after construction is complete;

5. Information on proposed stormwater management facilities, including (i) type of facilities; (ii) location, including geographic coordinates; (iii) acres treated; and (iv) surface waters or karst features into which facility will discharge;

DRAFT Ord Section 1-6(c)

All elements specified? 1. Yes No 2. Yes No 3. Yes No 4. Yes No 5. Yes No 6. Yes No 7. Yes No 8. Yes No Comments:

7

6. Hydrologic/hydraulic computations, including runoff characteristics;

7. Documentation /calculations verifying compliance with water quality and quantity requirements of the regulations;

8. Map or maps of site that depicts topography of the site and includes:

a. Contributing drainage areas; b. Existing streams, ponds, culverts, ditches,

wetlands, other water bodies, floodplains; c. Soil types, geologic formations if karst

features are present in the area, forest cover, other vegetative areas;

d. Current land use including existing structures, roads, locations of known utilities and easements;

e. Sufficient information on adjoining parcels to assess impacts of stormwater from the site on these parcels;

f. Limits of clearing and grading, proposed drainage patterns on the site;

g. Proposed buildings, roads, parking areas, utilities, stormwater management facilities;

h. Proposed land use with tabulation of percentage of surface area to be adapted to various uses, including but not limited to planned locations of utilities, roads and easements.

16 4VAC50-60-55.B 9 Letter of availability required for use of off-site compliance options.

Verify requirement exists in the local ordinance. DRAFT Ord Section 1-6(d)


17 4VAC50-60-55.C Requires elements of SWM plans that include activities regulated under Chapter 4 of Title 54.1 of the Code of Virginia be appropriately sealed and signed by professional registered in the Commonwealth of Virginia.

Verify requirement exists in the local ordinance. DRAFT Ord Section 1-6(e)


18 4VAC50-60-55.D Requires construction record Verify requirement exists in the local ordinance. DRAFT Ord Provision met?

8

drawing be submitted to VSMP authority. Must be appropriately sealed and signed by a professional registered in the Commonwealth of Virginia certifying that the SWM facilities have been constructed in accordance with approved plan.

Section 1-6(f) Yes No Comments:

1-7. POLLUTION PREVENTION PLAN (PPP); CONTENTS OF PLAN



Review Results

19 4VAC50-60-56 Requires PPP which details design, installation, implementation and maintenance of pollution prevention measures in accordance with Regulations.

Verify requirement exists in the local ordinance or is included by reference.

DRAFT Ord Section 1-7(a)


20 4VAC50-60-56.A 1-3, B 1-4 and C

Lists PPP requirements as outlined in the Regulations.

Determine if all 8 requirements are specified in the local ordinance or are included by reference: 1. Minimize discharge of pollutants from

equipment and vehicle washing, wheel wash water and other wash waters. Wash waters must be treated prior to discharge;

2. Minimize exposure of all materials on site to precipitation and stormwater;

3. Minimize discharge of pollutants from spills and leaks and implement chemical spill and leak prevention and response procedures;

4. BMPs to prohibit wastewater from washout of concrete, unless managed by appropriate control;

5. BMPs to prohibit wastewater from washout and cleanout of stucco, paint, form release oils, curing compounds, and other construction materials;

6. BMPs to prohibit discharges of fuels, oils or other pollutants used in vehicle/equipment operation/ maintenance;

7. BMPs to prohibit discharges of soaps or


All requirements specified? 1. Yes No 2. Yes No 3. Yes No 4. Yes No 5. Yes No 6. Yes No 7. Yes No 8. Yes No Comments:

9

solvents used in vehicle/equipment washing; 8. Discharges from dewatering activities are

prohibited unless managed by appropriate controls.

1-8. REVIEW OF STORMWATER MANAGEMENT (SWM) PLAN



Review Results

21 4VAC50-60-108.A Requires the VSMP authority to review and approve SWM plans.

Verify requirement exists in the local ordinance. May include “or any duly authorized agent of the Administrator”.



22 4VAC50-60-108.B Establishes time frame for review of SWM plans and requirement for communication of decision to applicant.

Ensure all review period benchmarks are included: 1. Completeness of plan must be determined and

applicant notified of determination within 15 days of receipt. a. If incomplete, applicant must be notified in writing. b. If determination of completeness is made, 60 days from date of communication is allowed for review. c. If determination of completeness is not made and communicated within 15 days, plan shall be deemed complete as of date of submission and 60 days from date of submission will be allowed for review. d. Any plan previously disapproved must be reviewed within 45 days of resubmission.

2. Decision to approve or disapprove plan must be provided in writing; if not approved reasons must be provided in writing.

3. If a plan meeting all requirements is submitted and no action is taken within appropriate time frame, the plan will be deemed approved.

(Note: Shorter time frames are acceptable.)

DRAFT Ord Section 1-8(a) (1)-(6)


23 4VAC50-60-108.C Describes the conditions under which modifications to approved SWM plans may be allowed or required.



10

24 4VAC50-60-108.E Requires construction record drawing for permanent BMPs. May elect not to require for SWM facilities for which maintenance agreements are not required pursuant to 4VAC50-60-112.

Verify requirement exists in the local ordinance. DRAFT Ord Section 1-8(c)


1-9. TECHNICAL CRITERIA FOR REGULATED LAND DISTURBING ACTIVITIES



Review Results

25 4VAC50-60-62- 4VAC50-60-63- 4VAC50-60-65- 4VAC50-60-66- 4VAC50-60-69- 4VAC50-60-72- 4VAC50-60-74- 4VAC50-60-76- 4VAC50-60-85- 4VAC50-60-92-

Technical criteria for land disturbing activities.

Technical criteria must be part of the VSMP, but do not have to be included within the ordinance. They may be contained within a local document that is referenced within the ordinance or the ordinance may reference 4VAC50-60-62 thru 92 of the Regulations. State technical criteria or more stringent local standards must be enforceable through the ordinance.



26 4VAC50-60-48 Describes conditions under which grandfathering of projects may occur.

Verify requirements exist in the local ordinance.



27 4VAC50-60-122 Describes conditions under which exceptions to the technical criteria may be granted.

Verify requirements exist in the local ordinance.

DRAFT Ord Section 1-9(e)


1-10. LONG-TERM MAINTENANCE OF PERMANENT STORMWATER FACILITIES



Review Results

28 4VAC50-60-58 Requires recorded instrument for long term maintenance of permanent BMPs.

Verify requirement exists in the local ordinance. DRAFT Ord Section 1-10(a)


11

29 4VAC50-60-112.A Sets out specific requirements for long term maintenance of permanent BMPs.

Determine if all 5 requirements are specified in the local ordinance: 1. Submitted prior to approval of stormwater

management plan 2. Stated to run with land 3. Provide necessary access to property for

maintenance and inspection 4. Provide for inspections and maintenance and

submission of reports 5. Be enforceable

DRAFT Ord Section 1-10(a) (1)-(5)

All requirements specified? 1. Yes No 2. Yes No 3. Yes No 4. Yes No 5. Yes No Comments:

30 4VAC50-60-112.B Allows option for localities to not require a recorded BMP maintenance agreement on individual residential instrument.

If locality desires to allow this option, verify requirement exists in the local ordinance.

Option not selected.


31 4VAC50-60-114.D If individual residential BMPs are not required to have recorded instrument, localities must develop strategy to address maintenance.

Applicable only if individual BMPs are not required to have recorded instrument.

Option not selected.


1-11. MONITORING AND INSPECTIONS



Review Results

32 4VAC50-60-114.A Requires VSMP authority to inspect for compliance 4 items during construction.

Determine if all 4 required inspection items are specified in the local ordinance: 1. Compliance with erosion and sediment

control plan 2. Compliance with stormwater management

plan 3. Development, updating, implementation of

pollution prevention plan 4. Development and implementation of

additional control measures to address a TMDL


Inspection items specified? 1. Yes No 2. Yes No 3. Yes No 4. Yes No Comments:

33 62.1-44.15:39 Allows entry onto property in order to obtain information to assist in the enforcement of ordinance.



12

34 62.1-44.15:40 Requires permitee to provide information to VSMP authority when requested.

Verify requirement exists in the local ordinance. DRAFT Ord Section 1-11(d)


35 4VAC50-60-114.B 2 Requires post-construction inspections to be conducted by VSMP authority at least once every 5 years.

Verify requirement exists in the local ordinance.

DRAFT Ord Section 1-11(h)


1-12. HEARINGS



Review Results

36 62.1-44.15:44 4VAC50-60-118

Establishes right to hearing by any permit applicant, permittee, or person subject to state permit requirements aggrieved by a VSMP authority.

Verify requirement exists in the local ordinance. (Note: Local Board of Zoning Appeals and locality Program Administrators or his/her designee cannot constitute the Appeals Board. A separate Board or Commission must be appointed to hear appeals.)



37 62.1-44.15:45 62.1-44.26

Establishes procedures for hearings.

Verify that hearings held by local government comply with the requirements of §62.1-44.26 A – C: 1. Must be conducted by local governing or

appeals body at a regular or special meeting or by at least one member designated to conduct such hearings or at any other authorized time and place.

2. Verbatim record of proceedings must be taken and filed with local governing or appeals body.

DRAFT Ord Section 1-12 (b) and (c)


1-13. APPEALS



Review Results

38 62.1-44.15:46 Establishes right to appeals process.

Pursuant to § 62.1-44.15:46, each locality must adopt an appeals procedure, which should be appropriate for the stormwater ordinance provisions, and shall be conducted in



13

accordance with the locality’s existing appeals procedures.

1-14. ENFORCEMENT



Review Results

39 62.1-44.15:37 A 4VAC50-60-116.A

Requires notice to be served if Administrator determines there is a failure to comply.




40 62.1-44.15:37 A Requires compliance measures to address permit conditions and timeframe for completion.


DRAFT Ord Section 1-14(a)(1)


41 62.1-44.15:37 A Describes failure to comply actions.

Ensure that the local ordinance states that an order may be issued that ceases all land-disturbing activities until corrected.

DRAFT Ord Section 1-14(a)(2)


42 62.1-44.15:37 4VAC50-60-116.A 1

Allows for informal and formal proceedings if Administrator determines that there is a failure to comply.




43 62.1-44.15:49 4VAC50-60-116

Provides enforcement authority and schedule of civil penalties for enforcement actions. Criminal misdemeanor charges are an option also.

Components from 4VAC50-60-116 A 1 & A 2 must be incorporated into the VSMP ordinance. Ensure that the maximum penalty of $32,500 per violation per day is not exceeded and that violations for which a penalty may be imposed are given.

DRAFT Ord Section 1-14(e)


1-15. FEES (The inclusion of fees within the ordinance is optional. If they are not included within the ordinance, they should be documented elsewhere and must be submitted to DEQ as part of the Local VSMP Application package.)



Review Results

44 62.1-44.15:28 Establishes fees to cover costs associated with implementation of a VSMP.

Verify that the locality has either incorporated the fee schedule into their ordinance or local procedures. See Table 1 in SWM Model Ordinance or regulatory citation. (Note:

Refer to DRAFT Ord Sec 1-15 Fees have not


14

Localities have ability to raise or lower fees. May also utilize other sources of funding.)

been approved through the Board of Supervisors at this time.

45 4VAC50-60-820 Fees associated with coverage under the General Permit for Discharges of Stormwater from Construction Activities (CGP).

See Table 1 in SWM Model Ordinance or regulatory citation.

Fees have not been approved through the Board of Supervisors at this time.


46

4VAC50-60-825 Fees associated with modification or transfer of CGP.

See Table 2 in SWM Model Ordinance or regulatory citation.



47 4VAC50-60-830 Maintenance fees. See Table 3 in SWM Model Ordinance or regulatory citation.



48 4VAC50-60-770 Specifies how incomplete and late payments are handled.

Verify local ordinance states that incomplete payments deemed as nonpayments, interest may be charged on late payments, and a 10% late payment fee applied to delinquent accounts.

DRAFT Ord Sec 1-15(h)


1-16. PERFORMANCE BOND (This section is optional and is not required to be included in local ordinances.)



Review Results

49 62.1-44.15:34 A 4VAC50-60-104.D

Allows for bonds and sets out criteria.

Not required in local ordinances. DRAFT Ord Section 1-16


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