Vol. 22, No. 6 December 2, 2014

Stormwater Management Act Triggers Changes to Chesapeake Bay Act Requirements

Revisions to the Virginia Stormwater Management Act in 2014 require localities in Tidewater Virginia subject to the Chesapeake Bay Preservation Act (CBPA) to adopt requirements to regulate “CBPA land-disturbing activities.” In addition, the CBPA was amended to allow additional parties to certify that a septic system is functioning properly.
 
The Virginia Department of Environmental Quality (DEQ) recently provided guidance to localities outlining the provisions that need to be incorporated into local ordinances as the result of these changes to the Stormwater Management Act because many ordinances were lacking some of these changes. Local ordinances that do not comply with the guidance will need to be updated in the following areas:
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Land disturbance permitting
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Erosion & Sediment Control permitting
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Stormwater Management design criteria and review
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Stormwater Management long term maintenance, and
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Stormwater Management Facility inspections, reporting, record-keeping, and enforcement
 
Additionally, the Chesapeake Bay Preservation Act has also been amended regarding sewage system inspections. This amendment has clarified the statutory language regarding which individuals are qualified to certify the inspections, functionality, and maintenance of septic systems. Previously, only a sewage handler permitted by the Virginia Department of Health could complete these septic system certifications. Under the amended regulation, an individual who is licensed or certified to operate, maintain, or design on-site sewage systems can certify that a septic system has been inspected, is functioning properly, and does not need to be pumped out.
 
DEQ has summarized the changes to local ordinances that will be necessary due to these revisions to the Stormwater Management Act and CBPA (link to table). Watch for notices from localities as these updates are made, such as this newsletter’s article about Fairfax County’s Chesapeake Bay Ordinance Changes.


For more information on these requirements, please contact Jody Greene, Mike Wills, or Mark Headly.