(a) Purpose and Findings.
(1) The purpose of this chapter is to ensure the general health, safety, and welfare of the citizens of Loudoun County and protect the quality and quantity of state waters from the potential harm of unmanaged stormwater, including protection from a land disturbing activity causing unreasonable degradation of properties, water quality, stream channels, and other natural resources, and to establish procedures whereby stormwater requirements related to water quality and quantity shall be administered and enforced.
(2) Loudoun County is subject to Phase II of the Federal Clean Water Act's National Pollutant Discharge Elimination System (NPDES) permit program for stormwater discharges, administered by the Virginia Department of Environmental Quality through a General Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulation for Discharges of Storm Water from Small Municipal Separate Storm Sewer Systems in the Commonwealth of Virginia (9 VAC 25-890-1 et seq.). In order to comply with Virginia Stormwater Management Program (VSMP) requirements, the County must develop a stormwater management program to reduce pollution from the stormwater drainage system to the maximum extent practicable.
(3) Properly functioning stormwater management infrastructure provides benefit to all properties within the County by directly protecting properties through control of flooding and standing water, and by reducing the impact of stormwater flows on the County's natural environment.
(4) This chapter is adopted pursuant to Section 62.1-44.15:24 et seq. of the Code of Virginia.
(b) Administration.
(1) Administrator Defined. "Administrator" means the VSMP Authority responsible for administering the VSMP on behalf of Loudoun County.
A. For the purposes of the administration of this chapter, the Director of the Department of Building and Development, or their designee, shall be considered to be the Administrator of Section 1096.01
(d) et seq., and any enforcement thereof or any hearings or appeals taken pursuant thereto.
B. For the purposes of the administration of this chapter, the Director of the Department of General Services, or their designee, shall be considered to be the Administrator of Section 1096.02
et seq. and 1096.03
et seq., and any enforcement thereof or any hearings or appeals taken pursuant thereto.
(2) Towns.
A. Any town lying within Loudoun County that does not operate a Municipal Separate Storm Sewer System Program (MS-4) may decide, but shall not be required, to become subject to the Virginia Stormwater Management Program (VSMP) established by Loudoun County. If such a town decides not to become subject to Loudoun County's VSMP, such town shall establish its own VSMP or shall become subject to the VSMP operated by the Virginia Department of Environmental Quality.
B. Any town lying within Loudoun County that does operate a MS-4 may decide, but shall not be required, to become subject to the VSMP established by Loudoun County. If such a town decides not to become subject to Loudoun County's VSMP, such town shall establish its own VSMP.
(3) Amendments. Any amendments to this chapter shall require the concurrence of both the Director of the Department of Building and Development and the Director of General Services, or their respective designees.
(c) Definitions. In addition to the definitions set forth in 9 VAC 25-870-10 of the Virginia Stormwater Management (VSMP) Regulations, as amended, which are expressly adopted and incorporated herein by reference, the following words and terms used in this chapter have the following meanings unless otherwise specified herein.
(1) "Agreement in lieu of a stormwater management plan" means a contract between the VSMP Authority and the owner or permittee that specifies methods that shall be implemented to comply with the requirements of the VSMP for the construction of a single-family residence; such contract may be executed by the VSMP Authority in lieu of a stormwater management plan.
(2) "Applicant" means any person submitting an application for a permit or requesting issuance of a permit under this chapter.
(3) "Best management practice" or "BMP" means schedules of activities, prohibitions of practices, including both structural and nonstructural practices, maintenance procedures, and other management practices to prevent or reduce the pollution of surface waters and groundwater systems from the impacts of land-disturbing activities.
(4) "Common plan of development or sale" means a contiguous area where separate and distinct construction activities may be taking place at different times on difference schedules.
(5) "Control measure" means any best management practice or stormwater facility, or other method used to minimize the discharge of pollutants to state waters.
(6) "Clean Water Act" or "CWA" means the federal Clean Water Act (33 U.S.C. § 1251 et seq.), formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, as amended by Public Law 95-217, Public Law 95-576, Public Law 96-483, and Public Law 97-117, or any subsequent revisions thereto.
(7) "Department" means the Department of Environmental Quality.
(8) "Development" means land disturbance and the resulting landform associated with the construction of residential, commercial, industrial, institutional, recreation, transportation or utility facilities or structures or the clearing of land for non-agricultural or non-silvicultural purposes.
(9) "Discharge," when used without qualification, means the discharge of a pollutant.
(10) “Dulles Greenway" means the private toll road and rights-of-way comprising a 14-mile extension of the Dulles Toll Road, connecting Washington Dulles International Airport with Leesburg, Virginia.
(11) "Facilities Standards Manual,” or “FSM,” means the Loudoun County Facilities Standards Manual, as amended.
(12) "General Permit" means the state permit found in 9 VAC 25-880-70, General Permit for Discharges of Stormwater from Construction Activities, authorizing a category of discharges under the CWA and the Act within a geographical area of the Commonwealth of Virginia.
(13) "Illicit discharge" means any discharge to a municipal separate storm sewer that is not composed entirely of stormwater, except discharges pursuant to a separate VPDES or state permit (other than the state permit for discharges from the municipal separate storm sewer), discharges resulting from fire fighting activities, and discharges identified by and in compliance with 9 VAC 25-870-400 D.2.c.(3).
(14) "Industrial discharge" means discharges from any conveyance that is used for collecting and conveying stormwater and which are directly related to industrial uses as defined by the General Virginia Pollutant Discharge Elimination System Permit for Discharges of Storm Water Associated with Industrial Activity (9 VAC 25-151-10 et seq.).
(15) "Land disturbance" or "land-disturbing activity" means a man-made change to the land surface that potentially changes its runoff characteristics including clearing, grading, or excavation except that the term shall not include those exemptions specified in Section 1096.01
(d)(2)B. of this chapter.
(16) "Layout" means a conceptual drawing sufficient to provide for the specified stormwater management facilities required at the time of approval.
(17) "Minor modification" means an amendment to an existing general permit before its expiration not requiring extensive review and evaluation including, but not limited to, changes in EPA promulgated test protocols, increasing monitoring frequency requirements, changes in sampling locations, and changes to compliance dates within the overall compliance schedules. A minor general permit modification or amendment does not substantially alter general permit conditions, substantially increase or decrease the amount of surface water impacts, increase the size of the operation, or reduce the capacity of the facility to protect human health or the environment.
(18) "Operator" means the owner or operator of any facility or activity subject to regulation under this chapter.
(19) "Part II C technical criteria" means the technical criteria in 9 VAC 25-870-93 through 9 VAC 25-870-99.
(20) "Permit" or "VSMP Authority Permit" means an approval to conduct a land-disturbing activity issued by the Administrator for the initiation of a land-disturbing activity, in accordance with this chapter, and which may only be issued after evidence of general permit coverage has been provided by the Department.
(21) "Permittee" means the person to whom the VSMP Authority Permit is issued.
(22) "Person" means any individual, corporation, partnership, association, state, municipality, commission, or political subdivision of a state, governmental body, including federal, state, or local entity as applicable, any interstate body or any other legal entity.
(23) "Regulations" means the Virginia Stormwater Management Program (VSMP) Regulations (9 VAC 25-870-10 et seq.), as amended.
(24) "Site" means the land or water area where any facility or land-disturbing activity is physically located or conducted, including adjacent land used or preserved in connection with the facility or land-disturbing activity.
(25) "State" means the Commonwealth of Virginia.
(26) "State Board" means the State Water Control Board.
(27) "State permit" means an approval to conduct a land-disturbing activity issued by the State Board in the form of a state stormwater individual permit or coverage issued under a state general permit or an approval issued by the State Board for stormwater discharges from a MS4. Under these state permits, the Commonwealth imposes and enforces requirements pursuant to the federal CWA and regulations, the Virginia Stormwater Management Act, and the Regulations.
(28) "State Water Control Law" means Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1 of the Code of Virginia.
(29) "State waters" means all water, on the surface and under the ground, wholly or partially within or bordering the Commonwealth or within its jurisdiction, including wetlands.
(30) "Stormwater" means precipitation that is discharged across the land surface or through conveyances to one or more waterways and that may include stormwater runoff, snow melt runoff, and surface runoff and drainage.
(31) "Stormwater hotspot" or "hotspot" means an area where the land use or activities (e.g., gas station, chemical storage facility, industrial facility, etc.) are considered to generate runoff with concentrations of pollutants in excess of those typically found in normal stormwater or have a higher risk of spills, leaks, or illicit dischargers. Specific stormwater hotspots, and their associated treatment options, are provided in the Facilities Standards Manual.
(32) "Stormwater maintenance agreement” means an agreement between a private property owner and the County that establishes mutual responsibilities for maintenance of the stormwater management infrastructure where such infrastructure has uses in addition to stormwater management.
(33) "Stormwater management plan" means a document(s) containing material describing methods for complying with the requirements of Section 1096.01
(d)(4) of this chapter. An agreement in lieu of a stormwater management plan as defined in this chapter shall be considered to meet the requirements of a stormwater management plan.
(34) “Stormwater management system” means, for purposes of this chapter, the series of structural and non-structural stormwater infrastructure established to manage stormwater runoff and drainage. The stormwater management system includes, but is not limited to the following facilities and equipment; storm drains, storm sewers, catch-basins, drop inlets, pipes, open channels and ditches, above ground dry detention facilities, above ground wet detention facilities, and bioretention facilities.
(35) "Stormwater Pollution Prevention Plan" or "SWPPP" means a document that is prepared in accordance with good engineering practices and that identifies potential sources of pollutants that may reasonably be expected to affect the quality of stormwater discharges from the construction site, and otherwise meets the requirements of this chapter. A SWPPP required under a VSMP for construction activities shall identify and require the implementation of control measures, and shall include, but not be limited to the inclusion of, or the incorporation by reference of an approved erosion and sediment control plan, an approved stormwater management plan, and a pollution prevention plan.
(36) "Subdivision" means the same as defined in Section 1240.05 of the Loudoun County Land Subdivision and Development Ordinance.
(37) "Total maximum daily load" or "TMDL" means the sum of the individual wasteload allocations for point sources, load allocations for nonpoint sources, natural background loading and a margin of safety. TMDLs can be expressed in terms of either mass per time, toxicity, or other appropriate measure. The TMDL process provides for point versus nonpoint source trade-offs.
(38) "Virginia Erosion and Sediment Control Handbook" means the technical guide published by the Virginia Department of Conservation and Recreation, Division of Soil and Water Conservation to meet the requirements of the Virginia Erosion and Sediment Law (Code of Virginia Sections 62.1-44.15:51 et seq.).
(39) "Virginia Stormwater Management Act" or "Act" means Section 62.1-44.15:24 et seq. of the Code of Virginia.
(40) "Virginia Stormwater BMP Clearinghouse website" means a website that contains detailed design standards and specifications for control measures that may be used in Virginia to comply with the requirements of the Virginia Stormwater Management Act and associated regulations.
(41) "Virginia Stormwater Management Program" or "VSMP" means a program approved by the State Board after September 13, 2011, that has been established by a locality to manage the quality and quantity of runoff resulting from land-disturbing activities and shall include such items as local ordinances, rules, permit requirements, annual standards and specifications, policies and guidelines, technical materials, and requirements for plan review, inspection, enforcement, where authorized in this chapter, and evaluation consistent with the requirements of this chapter and associated regulations.
(42) "Virginia Stormwater Management Program Authority" or "VSMP Authority" means an authority approved by the State Board after September 13, 2011, to operate a Virginia Stormwater Management Program.
(d) Virginia Stormwater Management Program (VSMP) Established.
(1) Pursuant to Section 62.1-44.15:24 et seq. of the Code of Virginia, Loudoun County hereby establishes a Virginia Stormwater Management Program for land-disturbing activities and adopts the applicable Regulations that specify standards and specifications for VSMPs promulgated by the State Board for the purposes set out in Section 1096.01
(a) of this chapter.
(2) Virginia Stormwater Management Program (VSMP) Authority Permit.
A. Except as provided herein, no person may engage in any land-disturbing activity, and no grading, building or other local permit shall be issued for a property, unless and until a VSMP Authority Permit has been issued by the Administrator in accordance with the provisions of this chapter.
B. Exemptions. Notwithstanding any other provisions of this chapter, the following activities are exempt from VSMP Authority Permit requirements, unless otherwise required by federal law:
1. Permitted surface or deep mining operations and projects, or oil and gas operations and projects conducted under the provisions of Title 45.1 of the Code of Virginia;
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 State 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.) of Title 10.1 of the Code of Virginia or is converted to bona fide agricultural or improved pasture use as described in Subsection B of § 10.1-1163 of Article 9 of Chapter 11 of Title 10.1 of the Code of Virginia;
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;
4. Land-disturbing activities that disturb less than one acre of land area except for activities that are part of a larger common plan of development or sale that is one acre or greater of disturbance;
5. Discharges to a sanitary sewer;
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; and
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 Administrator shall be advised of the disturbance within seven days of commencing the land-disturbing activity and compliance with the administrative requirements of 1096.01(d)(2)A. is required within 30 days of commencing the land-disturbing activity.
C. Virginia Stormwater Management Program (VSMP) Authority Permit Requirements:
1. No VSMP Authority Permit shall be issued by the Administrator, unless and/or until:
a. A VSMP Authority Permit application has been submitted to and approved by the Administrator;
b. A VSMP General Permit registration statement has been submitted to and accepted by the Administrator. A VSMP General Permit registration statement shall not be required for construction activity involving a single-family detached residential structure, within or outside a common plan of development or sale;
c. A SWPPP that complies with the requirements and general information set forth in Section 9 VAC 25-870-54 and Section 9 VAC 25-880-70, Section II, has been submitted to and accepted by the Administrator. Such SWPPP shall include the following:
i. An erosion and sediment control plan prepared in accordance with Chapter 1220
of the Codified Ordinances of Loudoun County that has been submitted to and approved by the Administrator;
ii. A stormwater management plan that meets the requirements of Section 1096.01
(d)(4) of this chapter that has been submitted to and approved by the Administrator, or an agreement in lieu of a stormwater management plan that has been executed by the VSMP Authority if applicable, except for land-disturbing activities previously covered under the General Permit for Discharges of Stormwater from Construction Activities issued July 1, 2009;
iii. A pollution prevention plan that meets the requirements of Section 1096.01
(d)(5) of this chapter that has been submitted to the Administrator;
iv. In accordance with the FSM, the SWPPP must identify all "hotspot" uses and the BMPs and strategies used to mitigate hotspot pollutants.
d. Evidence of VSMP General Permit coverage has been obtained;
e. All fees required pursuant to Section 1096.01
have been received, the financial guarantee required by Chapter 1220
of the Codified Ordinances of Loudoun County has been approved, and the performance bond required pursuant to Chapter 8 of the FSM has been executed and filed; and
f. The VSMP Authority Permit application and attendant materials and supporting documentation demonstrate that all land clearing, construction, disturbance, land development and drainage will be conducted in accordance with this chapter.
(3) Stormwater pollution prevention plan.
A. The SWPPP required in Section 1096.01
(d)(2)C.1.a. of this chapter shall be amended by the operator whenever there is a change in design, construction, operation, or maintenance that has a significant effect on the discharge of pollutants to state waters which is not addressed by the existing SWPPP.
B. The SWPPP must be maintained by the operator at a central location onsite. If an onsite location is unavailable, notice of the SWPPPs location must be posted near the main entrance at the construction site. Operators shall make the SWPPP available for public review in accordance with Section II of the VSMP General Permit, either electronically or in hard copy.
(4) Stormwater management plan; contents of plan; review of plan.
A. The stormwater management plan, required in Section 1096.01
(d)(2)C.1.c. of this chapter, shall apply the stormwater management technical criteria set forth in Section 1096.01
(d)(6)A. of this chapter to the entire land-disturbing activity. Individual lots in new residential, commercial, or industrial developments, including those developed under subsequent owners, shall not be considered separate land-disturbing activities. The stormwater management plan for a residential, commercial, or industrial subdivision shall govern the development of the individual parcels, including those parcels developed under subsequent owners. The stormwater management plan shall also consider all sources of surface runoff and all sources of subsurface and groundwater flows converted to surface runoff. The stormwater management plan shall include the following information:
1. Information on the type and location of stormwater discharges; information on the features to which stormwater is being discharged including surface waters or karst features, if present, and the pre-development and post-development drainage areas;
2. Contact information including the name, address, and telephone number of the owner and the tax reference number and parcel number of the property or properties affected;
3. A narrative that includes a description of current site conditions and final site conditions;
4. A general description of the proposed stormwater management facilities and the mechanism through which the facilities will be operated and maintained after construction is complete;
5. Information on the proposed stormwater management facilities, including:
a. The type of facilities;
b. Location, including geographic coordinates;
c. Acres treated; and
d. The surface waters or karst features, if present, into which the facility will discharge.
6. Hydrologic and hydraulic computations, including runoff characteristics;
7. Documentation and calculations verifying compliance with the water quality and quantity requirements of Section 1096.01
(d)(6)A. of this chapter and the FSM.
8. A map or maps of the site that depicts the topography of the site and includes:
a. Delineation of all contributing drainage areas with drainage divides and a label denoting the surface area;
b. Existing streams, ponds, culverts, ditches, wetlands, other water bodies, and floodplains;
c. Soil types, geologic formations if karst features are present in the area, forest cover, and other vegetative areas;
d. Current land use including existing structures, roads, and locations of known utilities and easements;
e. Sufficient information on adjoining parcels to assess the impacts of stormwater from the site on these parcels;
f. The limits of clearing and grading, and the proposed drainage patterns on the site;
g. Proposed buildings, roads, parking areas, utilities, and stormwater management facilities;
h. Proposed land use with tabulation of the percentage of surface area to be adapted to various uses, including but not limited to planned locations of utilities, roads, open space, and easements;
i. Percentage of site pervious and impervious area; and
j. Total disturbed acreage for the site.
B. If an operator intends to meet the water quality and/or quantity requirements set forth in Section 1096.01
(d)(6)A. of this chapter through the use of off-site compliance options, where applicable, then a letter of availability from the off-site provider must be included. Approved off-site options must achieve the necessary nutrient reductions prior to the commencement of the applicant's land-disturbing activity except as otherwise allowed by § 62.1-44.15:35 of the Code of Virginia.
C. Elements of the stormwater management plans that include activities regulated under Chapter 4 (§ 54.1-400 et seq.) of Title 54.1 of the Code of Virginia shall be appropriately sealed and signed by a professional registered in the Commonwealth of Virginia pursuant to Article I (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia.
1. The Administrator shall review stormwater management plans and shall approve or disapprove a stormwater management plan according to the following: The Administrator shall determine the completeness of a plan in accordance with Section 1096.01(d)(4) of this chapter, and shall notify the applicant, in writing, of such determination, within 15 calendar days of receipt. If the plan is deemed to be incomplete, the above written notification shall contain the reasons the plan is deemed incomplete.
2. The Administrator shall have an additional 60 calendar days from the date of the communication of completeness to review the plan, except that if a determination of completeness is not made within the time prescribed in subdivision 1., then plan shall be deemed complete and the Administrator shall have 60 calendar days from the date of submission to review the plan.
3. The Administrator shall review any plan that has been previously disapproved, within 45 calendar days of the date of resubmission.
4. During the review period, the plan shall be approved or disapproved and the decision communicated in writing to the person responsible for the land-disturbing activity or his designated agent. If the plan is not approved, the reasons for not approving the plan shall be provided in writing. Approval or denial shall be based on the plan's compliance with the requirements of this chapter.
5. If a plan meeting all requirements of this chapter is submitted and no action is taken within the time provided above in subdivision (2) for review, the plan shall be deemed approved.
D. Approved stormwater plans may be modified as follows:
1. Modifications to an approved stormwater management plan shall be allowed only after review and written approval by the Administrator. The Administrator shall have 60 calendar days to respond in writing either approving or disapproving such request.
2. The Administrator may require that an approved stormwater management plan be amended, within a time prescribed by the Administrator, to address any deficiencies noted during inspection.
E. A construction record drawing or "as-built" for permanent stormwater management facilities shall be submitted to the Administrator. The construction record drawing shall be appropriately sealed and signed by a professional registered in the Commonwealth of Virginia, certifying that the stormwater management facilities have been constructed in accordance with the approved plan.
(5) Pollution prevention plan; contents of plans.
A. A Pollution Prevention Plan, required by 9 VAC 25-870-56, shall be developed, implemented, and updated as necessary and must detail the design, installation, implementation, and maintenance of effective pollution prevention measures to minimize the discharge of pollutants. At a minimum, such measures must be designed, installed, implemented, and maintained to:
1. Minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water, and other wash waters. Wash waters must be treated in a sediment basin or alternative control that provides equivalent or better treatment prior to discharge;
2. Minimize the exposure of building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste, and other materials present on the site to precipitation and to stormwater; and
3. Minimize the discharge of pollutants from spills and leaks and implement chemical spill and leak prevention and response procedures.
B. The pollution prevention plan shall include effective best management practices to prohibit the following discharges:
1. Wastewater from washout of concrete, unless managed by an appropriate control;
2. Wastewater from washout and cleanout of stucco, paint, form release oils, curing compounds, and other construction materials;
3. Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance; and
4. Soaps or solvents used in vehicle and equipment washing.
C. Discharges from dewatering activities, including discharges from dewatering of trenches and excavations, are prohibited unless managed by appropriate controls.
(6) Technical criteria for regulated land disturbing activities; grandfathering; exceptions.
A. To protect the quality and quantity of state water from the potential harm of unmanaged stormwater runoff resulting from land-disturbing activities, Loudoun County adopts the minimum technical criteria for regulated land-disturbing activities of the Regulations (Part II B, 9 VAC 25-870-10 et seq.) as set forth in the Facilities Standards Manual. All land-disturbing activities regulated pursuant to this chapter that obtain a VSMP General Permit on or after July 1, 2014, shall be conducted in accordance with the Facilities Standards Manual, except as provided for in Subsection D. of this section. The requirements of the Facilities Standards Manual may also include the following:
1. Additional supporting information, methodologies and guidance related to the technical criteria; and
2. More stringent technical criteria enabled by this chapter.
B. The Administrator may allow the operator to use offsite options to meet phosphorus nutrient reductions as set forth in 9 VAC 25-870-69.A.
C. Notwithstanding Subsection B., an operator shall be allowed to utilize offsite options to meet phosphorus reductions as set forth in 9 VAC 25-870-69.B.
D. Technical criteria - grandfathering.
1. Any land-disturbing activity shall be considered grandfathered by the Administrator and shall be subject to the Part II C technical criteria provided:
a. A proffered plan of development, Special Exception, preliminary plat of subdivision, record plat, construction plans and profiles, site plan, or any document determined by the locality to be the equivalent thereto (i) was approved prior to July 1, 2012 (ii) provided a layout as defined in 9 VAC 25-870-10, (iii) will comply with the Part II C technical criteria, and (iv) has not been subsequently modified or amended in a manner resulting in an increase in the amount of phosphorus leaving each point of discharge, and such that there is no increase in the volume or rate of runoff;
b. A VSMP General Permit has not been issued prior to July 1, 2014; and
c. Land disturbance did not commence prior to July 1, 2014.
2. Local, state, and federal projects shall be considered grandfathered by the Administrator and shall be subject to the Part II C technical criteria provided:
a. There has been an obligation of local, state, or federal funding, in whole or in part, prior to July 1, 2012; or
b. The Department has approved a stormwater management plan prior to July 1, 2012;
c. A VSMP General Permit has not been issued prior to July 1, 2014; and
d. Land disturbance did not commence prior to July 1, 2014.
3. Land disturbing activities grandfathered under Subsections 1. and 2., shall remain subject to the Part II C technical criteria for one additional state permit cycle. After such time, portions of the project not under construction shall become subject to any new technical criteria adopted by the State Water Control Board.
4. In cases where governmental bonding or public debt financing has been issued for a project prior to July 1, 2012, such project shall be subject to the technical requirements of the Part II C technical criteria.
5. Land disturbing activities that obtain a VSMP General Permit or commence land disturbance prior to July 1, 2014, shall be conducted in accordance with the Part II C technical criteria. Such projects shall remain subject to the Part II C technical criteria for two additional state permit cycles. After such time, portions of the project not under construction shall become subject to any new technical criteria adopted by the State Water Control Board.
6. Nothing in this section shall preclude an operator from constructing to a more stringent standard at his discretion.
E. Technical criteria - exceptions.
1. The Administrator may grant exceptions to the technical requirements of Section 1096.01
(d)(6)A of this chapter or the Part II C technical criteria, provided that (i) the exception is the minimum necessary to afford relief, (ii) reasonable and appropriate conditions are imposed so that the intent of the Act, the Regulations, and this chapter are preserved, (iii) granting the exception will not confer any special privileges that are denied in other similar circumstances, and (iv) the exception request is not based upon conditions or circumstances that are self-imposed or self-created. Economic hardship alone is not sufficient reason to grant an exception from the requirements of this chapter.
2. Exceptions to the requirement that the land-disturbing activity obtain required VSMP Authority Permit shall not be granted by the Administrator.
3. Exceptions to requirements for phosphorus reductions shall not be allowed unless offsite options otherwise permitted pursuant to 9 VAC 25-870-69 and Section 1096.01
(d)(6) of this chapter have been considered and found not available.
F. BMPs.
1. The Administrator shall not approve the use of a BMP that is not listed on the Virginia Stormwater BMP Clearinghouse Website.
2. The Administrator may preclude the onsite use of a BMP listed on the Virginia Stormwater BMP Clearinghouse website, or require more stringent conditions upon its use, for a specific land-disturbing project based on a review of the stormwater management plan and project site conditions. Such limitations shall be based on site-specific concerns.
a. Any project or site-specific determination purportedly authorized pursuant to this subsection may be appealed to the Department and the Department shall issue a written determination regarding compliance with this section to the requesting party within 90 days of submission. Any such determination, or a failure by the Department to make any such determination within the 90-day period, may be appealed to the State Board.
3. The Administrator may uniformly preclude jurisdiction-wide or otherwise limit geographically the use of a BMP listed on the Virginia Stormwater BMP Clearinghouse website, or apply more stringent conditions to the use of such BMP in accordance with Section 62.1-44.15:33 of the Code of Virginia.
G. Nothing in this section shall preclude an operator from constructing to a more stringent standard at their discretion.
(7) Monitoring and inspections during construction.
A. The Administrator or any duly authorized agent of the Administrator shall inspect the land-disturbing activity during construction for:
1. Compliance with the approved erosion and sediment control plan;
2. Compliance with the approved stormwater management plan;
3. Development, updating, and implementation of a pollution prevention plan; and
4. Development and implementation of any additional control measures necessary to address a TMDL.
B. The Administrator or any duly authorized agent of the Administrator may, at reasonable times and under reasonable circumstances, enter any establishment or upon any property, public or private, for the purpose of obtaining information or conducting surveys or investigations necessary in the enforcement of the provisions of this section.
C. In accordance with a performance bond with surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangement or instrument, the Administrator may also enter any establishment or upon any property, public or private, for the purpose of initiating or maintaining appropriate actions which are required by the permit conditions associated with a land-disturbing activity when a permittee, after proper notice, has failed to take acceptable action within the time specified.
D. Pursuant to § 62.1-44.15:40 of the Code of Virginia, the Administrator may require every VSMP Authority Permit applicant or permittee, or any such person subject to VSMP Authority Permit requirements under this chapter, to furnish when requested such application materials, plans, specifications, and other pertinent information as may be necessary to determine the effect of his discharge on the quality of state waters, or such other information as may be necessary to accomplish the purposes of this chapter.
(e) Compliance with County Design Standards: In addition to the technical criteria for regulated land disturbing activities in Section 1096.01(d)(6)A., all new development and redevelopment, which includes stormwater infrastructure, shall comply with the Facilities Standards Manual.
(Ord. 03-15. Passed 10-20-03; Ord. 09-07. Passed 2-9-09; Ord. 14-06. Passed 5-21-14; Ord. 18-18. Passed 10-10-18.)