Vol. 21, No. 6 August 8, 2013

DEQ Construction Compliance Modifications

The Virginia Department of Environmental Quality (DEQ) is in the process of notifying current wetland permit holders of new optional construction monitoring requirements. In many cases, these new requirements will reduce the paper work associated with the current construction monitoring requirements. However, in some instances this modification can result in an increase in inspection frequencies.

WSSI Compliance staff can assist in determining if this option will make sense for your project. We can also assist in processing any permit modifications as well as perform all required field inspections and submissions to DEQ. In our ongoing effort to keep clients up to speed with changes to permit requirements, copies of the templates that you will be receiving have been provided below:

Individual Permit Holders
   • Permittee Letter
   • Individual Minor Permit Modification Request
   • Monthly VWP Inspection Checklist
   • VWP Status Update


General Permit Holders
   • Permittee Letter
   • General Permit Notice of Planned Change
   • VWP Status Update


PENALTIES

The basis for making these construction monitoring changes is to reduce the monitoring burden on permitees, improve overall project tracking by DEQ, reduce paperwork burdens on DEQ staff and allow them more time for on-site compliance reviews. Also of note, DEQ has clarified the civil penalty requirements and have been implementing these penalties more frequently in recent history.

Click here for a copy of the civil penalty worksheet that provides DEQ guidance of the monitory costs associated with each potential violation. The total civil penalty may not exceed $32,500 per day, per violation. Please note: The U.S. Army Corps of Engineers AND EPA can also implement similar and duplicative penalties for wetland permit violations.

For additional information on how WSSI can help navigate these regulatory changes, please contact Roy Van Houten, Mike Wills, Bryce Miller, Dan Fisk, Jody Greene, or Mike Rolband.