II. History and Overview of the Virginia

Stormwater Management Act

General Stormwater Training Workshop

Topics• Why regulate stormwater?• Review the history of the Stormwater Act• Review the impact of the Integration Bill

(HB 1065)• Review of the important elements and

requirements in the law

In the Beginning

The Beginning of Soil (and Water) Conservation

Why regulate Stormwater?

NutrientsNutrients

First flush

O2 depletion

Algal bloom

P

NSediment

CleanWater

Shading

Shad

ing

PollutionPollution

Impacts Aquatic organisms Human health Human use and enjoyment of the environment

Concentrations of nitrogen and phosphorus in natural waters, Stormwater and wastewater

(expressed in mg/L)

** current technology

Note that untreated urban stormwater runoff has about the same concentration as treated wastewater

Parameter Natural Waters

Urban Stormwater

Untreated sewage

CSOs Treated sewage**

Nitrogen 0.1(as NO-3) 2 to 3 20 3-24 3

Phosphorus 0.005 –0.05 (as

dissolved P)

0.2 –0.5 10 1-11 0.1

Runoff Event Mean Concentrations (EMCs) for N and P in an Urban Environment

Urban Land Cover Total N (mg/l) Total P (mg/l)

Lawns 9.70 1.90

Highway 2.95 0.60

Streets 1.40 0.50

Parking lots 1.94 0.16

Roof tops 1.50 0.12

Source: CWP, 2003

Urban Nutrient Loads (are fast becoming a bigger slice of the Bay pie)

Year Total N Total P1985 2% 5%2000 9% 15% 2009 12% 22%2030 ????

Urban and suburban runoff into the Chesapeake Bay is the only nutrient load sector where we are seeing reverse progress

In load reductions-source

OIG (2007)

There are many sources of N and P in the urban environment

Some additional sources of nitrogen in urban runoff include:

• Wash-off of fertilizers

• Nitrogen attached to eroded soils and streambanks

• Organic matter and pet wastes on Impervious Cover

Effect of Eutrophication on Waters

• Increased frequency of algal blooms

• Increased hypoxia and anoxia

• Decline in submersed aquatic plants

• Reduced water clarity• Decline in benthic life• Fish kills

Nutrient Enrichment by Stormwater

• Most streams have a naturally low phosphorus content (TP)

• EPA’s recommendation for TP in natural streams is 0.1 mg/l

• P-enriched streams have:– higher biomass– less biological diversity– more bottom algae and

rock scum– lower oxygen levels

Impact of development on stream quality

In-stream erosion results in the release of nutrients into the stream. These nutrients are/were attached to soil particles and in pore spaces.

Stream Impacts

8-10%

20%

> 65%

Pollution of 1970s• The Federal Pollution Control Act of 1972 NPDES• Clean Water Act (1977)• NEPA (1970)• Clean Air Act (1970)• ESA (1973)• TSCA (1976)• CERCLA (1980)

Governor’s Natural Resources Partnership Agenda

“The Secretary of Natural Resources will work with the DEQ, DCR, CBLAD, other agencies and the public to streamline the current storm water management process. A plan and recommendations are due to the Governor by October 1, 2003 that provides for improved water quality protection and evaluates stormwater programs statewide.”

Some of the Key Recommendations 1. Establish a more uniform statewide construction permitting

program

2. Establish statewide stormwater requirements for projects with land disturbances of 1 acre or greater (with allowance for lower threshold in CBPA)

3. Empower local governments to implement stormwater management programs

4. Develop a statewide permit fee system

5. Encourage low-impact approaches and better site designs

6. Consolidate SWM and ESC local program reviews

2004 Legislation

• Followed a year of planning meetings/negotiations among Secretary of Natural Resources, three agency heads and key program staff

• Accomplished most of Partnership Agenda SWM objectives

• Moved nearly all SWM responsibilities from DEQ and CBLAD to DCR, effective July 1, 2004

• DEQ retained responsibility for issuing industrial SWM permits

2004: Beginning of Stormwater Management in Virginia

Since 2004 Stormwater quality and quantity management are mandatory throughout Virginia

Impact of the 2004 Legislation on Clean Water Act Implementation in Virginia

DEQ DCRWetlands E&S

NPDES Industrial Facilities VSMP

Wastewater Treatment Plants MS4

TMDL Construction General Permits

Non Point-Source

Nutrient Management

Chesapeake Bay Local Assistance

Implementation The Soil and Water Conservation Board passed a motion on July 21, 2005 authorizing the development of a Notice of Intended Regulatory Action (NOIRA).

With significant stakeholder involvement, completed regulation revision in two separate regulatory actions

– Part 13-Fees, effective February 3, 2010

– Parts 1, 2 and 3-Definitions, Technical Criteria and Local Programs, effective September 13, 2011

Included delayed implementation and grandfathered sections to establish stormwater programs.

Issues encountered during the development of the 2011 Virginia Stormwater Regulations:

• Highlighted inconsistencies and contradictions between the CBA, VESCL, VSMA

• Difference between localities located in the Chesapeake Bay watershed and those that are not

• No good guidance on training and certification

House Bill 1065 (Integration Bill)

Amends the Erosion and Sediment Control Law, the Stormwater Management Act and the Chesapeake Bay Act to remove inconsistencies and contradictions between the three laws.

What the Integration Bill does:• Makes the definition section consistent

across the three acts• Requires all counties cities and towns that

are MS4s in Virginia to adopt a VSMP program

• Allows non MS4 towns to adopt a program or be subject to the program of the county where the town is located

What the Integration Bill does:• Requires that you have an approved E&S

plan and coverage under VSMP before land disturbance can take place

• Establishes a VSMP and VESCP • Eliminates the Chesapeake Bay Local

Assistance Board and transfers oversight of the Chesapeake Bay Preservation Act to the Virginia Soil and Water

Conservation Board

What the Integration Bill does not do:• It does not change any of the CBPA

requirements (does not eliminate the need to comply with the act)

• It does not make the CBPA applicable statewide

• It does not change the area (localities) that the original CBPA applies to

What the Integration Bill does not do:

• Separate approved E&S plans and the Stormwater Permits are still required before starting land disturbance (more than one approval required)

• There are still different permit thresholds for an E&S plan (10,000 and 2,500 sf) and a Stormwater Permit (1 acre)

The SWA (after HB1065)10.1-603.2 Definitions

10.1-603.2:01 Certified mail; subsequent mail or notices may be sent by regular mail.

10.1-603.2:1 Powers and duties of the Virginia Soil and Water Conservation Board

10.1-603.2:2 State permits

10.1-603.3 Establishment of Virginia stormwater management programs

10.1-603.4 Development of regulations

10.1-603.4:1 Virginia Stormwater Management Fund established

10.1-603.4:2 Education and training programs.

10.1-603.5 Annual standards and specifications for state agencies, federal entities, and other specified entities

10.1-603.6 Duties of the Department

10.1-603.7 Authorization for more stringent ordinances

10.1-603.8 Regulated activities; submission and approval of a permit application; security for performance; exemptions

10.1-603.8:1 Nutrient credit use and additional off-site options for construction activities

10.1-603.9 Description unavailable

10.1-603.10 (For contingent repeal, see Editor's note) Recovery of administrative costs

10.1-603.11 Monitoring, reports, investigations, inspections, and stop work orders

10.1-603.12 Department to review VSMPs

10.1-603.12:1 Right of entry

10.1-603.12:2 Information to be furnished

10.1-603.12:3 Private rights; liability

10.1-603.12:4 Enforcement by injunction, etc

10.1-603.12:5 Testing validity of regulations; judicial review

10.1-603.12:6 Right to hearing

10.1-603.12:7 Hearings

10.1-603.13 Appeals

10.1-603.13:1 Appeal to Court of Appeals

10.1-603.14 Penalties, injunctions, and other legal actions

10.1-603.14:1 Enforcement authority of MS4 localities

10.1-603.15 `Cooperation with federal and state agencieshttp://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC10010000006000000000000

The SWA (after HB1065)(some important changes to the Act)

The SWA (after HB 1065) In the Definitions (§10.1-603.2) defines:

Chesapeake Bay Preservation Act land-disturbing activity as “land-disturbing activity … that result in a land disturbance equal or greater than 2,500 square feet and less than one acre in all areas of jurisdiction designates as subject to the regulations adopted pursuant to the Chesapeake Bay Preservation Act.”

The SWA (after HB 1065) In the Definitions (§10.1-603.2) defines:

Virginia Stormwater Program or VSMP as “a program approved by the Board after September 13, 2011, that has been established by a VSMP authority to manage the quality and quantity of runoff resulting from land-disturbing activities …”

The SWA (after HB 1065)

In the Definitions (§10.1-603.2) defines:

Virginia Stormwater Program authority or VSMP authority include localities, state entities. Federal entities, and “linear project companies.”

The SWA (after HB 1065) In the Definitions (§10.1-603.2) defines:

Watershed … “In karst areas, the karst feature to which water drains may be considered the single outlet for the watershed.”

§ 10.1-603.3 Establishment of VSMPs

A. All Counties, Cities and MS4 Towns must adopt a VSMP by July 1, 2014

Non-MS4 Towns have an option to adopt a VSMP or be subject to the County VSMP

§ 10.1-603.4. Development of regulations

A. The Board is authorized to adopt regulations that specify minimum technical criteria and administrative procedures for Virginia Stormwater Management Programs.

(establishes fees, runoff requirements/reduction, LID, water re-use, innovative methods)

§ 10.1-603.4:2. Education and training programs.

A. The Board shall issue certificates of competence concerning the content and application of specified subject areas of this article and accompanying regulations, including program administration, plan review, and project inspection, to personnel of VSMP authorities and to any other persons who have completed training programs or in other ways demonstrated adequate knowledge to the satisfaction of the Board. ….

§ 10.1-603.5. Annual standards and specifications ….

A. State entities, including the Department and the Department of Transportation, and for linear projects set out in subsection B, electric, natural gas, and telephone utility companies, interstate and intrastate natural gas pipeline companies, and railroad companies shall, and federal entities and authorities created pursuant to § 15.2-5102 may, annually submit a single set of standards and specifications for Department approval that describes how land-disturbing activities shall be conducted.

§ 10.1-603.8. Regulated activitiesA. A person shall not conduct any land-disturbing

activity until he has submitted a permit application to the VSMP authority that includes a state VSMP permit registration statement and, after July 1, 2014, a stormwater management plan, and has obtained VSMP authority approval to begin land disturbance.

 …. VSMP authority has 60 days for review

§ 10.1-603.8. Regulated activities (Exemptions)

• Mining• Agriculture• Single family residences (< 2,500 sf in CBPA Areas)• Areas < 1 acre, unless in CBPA Area (E&S <10,000 sf)

• Sanitary sewer and CSO discharges• Reclamation areas• Routine maintenance• Response to emergencies

§ 10.1-603.8:1. Nutrient Credit Use .…Provides and option to use Nutrient Credits in the

same tributary to offset impacts from development. (not quantity)

Conditions:• Less than 5 acre disturbance• Only for areas that require less than 10 lbs of P

reduction per year• Alternatives are considered (i.e., 75% reduction is

achieved on site)

§ 10.1-603.10. - § 10.1-603.15. • Monitoring• Inspections• Enforcement• Penalties• Hearings• Nutrient credits

The Virginia Stormwater Management Program Regulations

Questions?