On December 17, 2013, the State Water Control Board (SWCB), incorporated most of the changes requested in recent public comments and approved two long debated and related regulations:
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| 1) |
Virginia Stormwater Management Regulations (VSMR) (9VAC25-870) |
| |
• SWCB Memo (12/4/13)
• Errata Sheet (12/17/13)
• Chapter 870 (with redlines – prior to Errata) |
| 2) |
General Virginia Pollutant Discharge Elimination System (VPDES) Permit for Discharges of Stormwater from Construction Activity (9VAC25-880) |
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• SWCB Memo (12/4/13)
• Fact Sheet (with 12/17/13 redline changes)
• Errata sheet (12/17/13)
• Chapter 880 (with redlines – prior to Errata) |
A final clean copy of these regulations and associated documents should be on the DEQ website by early next week.
With respect to the major issues previously discussed in Field Notes Vol. 21, No. 9 – here are the outcomes: |
1. |
Proffered rezonings – are grandfathered subject to certain conditions. See Errata sheet for Chapter 870. (See VAC25-870-48.A) Have your land use attorney evaluae your sites. These will be implemented locally. |
| 2. |
Rainfalls that trigger an inspection – will be 0.25 inch/24 hours. (See 9VAC25-880-1). |
| 3. |
Inspection frequency in TMDL watersheds (i.e. the Chesapeake Bay) will be every four (4) “business days”; or once every five (5) “business days” and no later than 48 hours after a 0.25 inch rain event. (See 9VAC25-870-70-B. 4 and 5) |
| 4. |
Inspection frequency now defined based on business days – which are Monday through Friday, including state holidays. (9VAC25-880-1) |
| 5. |
SWPPP requirements for sites in TMDL and impaired waters are now clarified in the redlined Fact Sheet (see page 14-15) for Chapter 880. |
| 6. |
A SWPPP is required prior to registration – this did not change. (9VAC25-880-50-B. 10) |
| 7. |
The technical requirements for these Stormwater regulations is no longer explicitly “Incorporated by Reference” as it was in 9VAC25-870 to allow the Department to update them. |
| 8. |
Infill lots that disturb less than one acre but more than 2500 square feet within a common plan of development now clearly do not need a VPDES permit nor pay that fee. (See fee table in 9VAC25-870-820 and references to “Common Plan of Development”: 9VAC25-870-55.A.1, 9VAC25-870-95.H, 9VAC25-880-50.A.1.c, and 9VAC25-880-50.A.2.b) |
| 9. |
A Stormwater Pollution Prevention Plan (SWPPP) template for infill lots will be provided by DEQ (9VAC25-880-70-Part II Preamble) |
| 10. |
The submission deadline to obtain a permit using existing stormwater design criteria for existing projects will change from April 1, 2014, to June 1, 2014. [9VAC25-880-50.A.2.a.(1)] |
For more information on Virginia Stormwater Management Regulations and Construction Activity Permits, please contact Mike Rolband, or
Mike Toalson
Home Builders Association of Virginia
707 East Franklin Street
Richmond, Virginia 23219
Email: mltoalson@hbav.com
Phil Abraham
Virginia Association of Commercial Real Estate
c/o The Vectre Corporation
707 East Main Street, Suite 1800
Richmond, Virginia 23219
Email: pabraham@vectrecorp.com |
