Section
153.01 Purpose and authority
153.02 Definitions
153.03 Stormwater permit requirement; exemptions
153.04 Stormwater management program established; submission and approval of plans; prohibitions
153.05 Stormwater pollution prevention plan; contents of plans
153.06 Stormwater management plan; contents of plan
153.07 Pollution prevention plan; contents of plans
153.08 Review of stormwater management plan
153.09 Technical criteria for regulated land disturbing activities
153.10 Long-term maintenance of permanent stormwater facilities
153.11 Monitoring and inspection
153.12 Hearings
153.13 Appeals
153.14 Enforcement
153.15 Performance bond
153.16 Fees
153.99 Penalty
(A) Pursuant to the authority and mandates of the State Stormwater Management Act, VA Code §§ 62.1-44.15:24 et seq., and the State Stormwater Management Program (VSMP) permit regulations (9 VAC §§ 25-870 et seq.), this chapter is adopted as part of an initiative to integrate the town stormwater management requirements with Chapter 152 of this code, Chapter 151 of this code, and §§ 157.150 through 157.163 into a unified stormwater program. The unified stormwater program is intended to facilitate the submission and approval of plans, issuance of permits, payment of fees, and coordination of inspection and enforcement activities into a more convenient and efficient manner for both the town and those responsible for compliance with these ordinances.
(B) The purpose of this chapter is to ensure the general health, safety, and welfare of the citizens of the town 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.
(C) All references to the VA Code, acts of the General Assembly, and State Administrative Code herein are expressly intended to include future amendments to the provisions of the Code, acts of the General Assembly, or state regulations, pursuant to the authorization of VA Code § 1-220.
(1998 Code, § 18-51)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Also, in addition to the definitions set forth in 9 VAC § 25-870-10 of the state stormwater management 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. Where definitions differ, those incorporated herein shall have precedence.
ADMINISTRATOR. The VSMP authority including the town staff person or department responsible for administering the VSMP on behalf of the locality. The Town Manager shall act as Administrator. Town Council may appoint one or more deputy or assistant administrators who shall have the full authority of the Administrator. The senior deputy or assistant administrator shall, without further action of the Town Council, serve as Acting Administrator in the event of any vacancy in the office of Administrator. The Administrator will be responsible for accepting complete registration statements, completing plan review, plan approval, inspection and maintenance compliance, and enforcement and may assign those tasks as the Administrator deems appropriate.
AGREEMENT IN LIEU OF A STORMWATER MANAGEMENT PLAN. 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.
APPLICANT. Any person submitting an application for a permit or requesting issuance of a permit under this chapter.
BEST MANAGEMENT PRACTICE or BMP. 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.
CHESAPEAKE BAY PRESERVATION ACT LAND DISTURBING ACTIVITY. A land disturbing activity including clearing, grading, or excavation that results in a land disturbance equal or greater than 2,500 square feet and less than one acre in all areas of jurisdictions designated as subject to the regulations adopted pursuant to the Chesapeake Bay Preservation Act, VA Code §§ 62.1-44.15:67 et seq.
COMMON PLAN OF DEVELOPMENT OR SALE. A contiguous area where separate and distinct construction activities may be taking place at different times on difference schedules.
CONTROL MEASURE. Any best management practice or stormwater facility, or other method used to minimize the discharge of pollutants to state waters.
CLEAN WATER ACT or CWA. 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, Pub. Law No. 92-500, as amended by Pub. Law No. 95-217, Pub. Law No. 95-576, Pub. Law No. 96-483, and Pub. Law No. 97-117, or any subsequent revisions thereto.
DEPARTMENT. The Department of Environmental Quality.
DEVELOPMENT. 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 nonagricultural or non-silvicultural purposes.
GENERAL PERMIT. The state permit titled “GENERAL PERMIT FOR DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITIES” found in Part XIV (9 VAC §§ 25-870-1100 et seq.) of the regulations authorizing a category of discharges under the CWA and the act within a geographical area of the state.
LAND DISTURBANCE or LAND DISTURBING ACTIVITY. A human-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 § 153.03(C).
LAYOUT. A conceptual drawing sufficient to provide for the specified stormwater management facilities required at the time of approval.
MINOR MODIFICATION. 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.
OPERATOR. The owner or operator of any facility or activity subject to regulation under this chapter.
PERMIT or VSMP AUTHORITY PERMIT. 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.
PERMITTEE. The person to whom the VSMP authority permit is issued.
PERSON. 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.
REGULATIONS. The State Stormwater Management Program (VSMP) permit regulations, 4 VAC § 50-60, as amended.
SITE. 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. Areas channel-ward of mean low water in tidal Virginia shall not be considered part of a SITE.
STATE. The Commonwealth of Virginia.
STATE BOARD. The Virginia State Water Control Board.
STATE PERMIT. 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 an MS4. Under these state permits, the state imposes and enforces requirements pursuant to the Federal Clean Water Act and regulations, the State Stormwater Management Act and the regulations.
STATE STORMWATER BMP CLEARINGHOUSE WEBSITE. A website that contains detailed design standards and specifications for control measures that may be used in the state to comply with the requirements of the State Stormwater Management Act and associated regulations.
STATE STORMWATER MANAGEMENT ACT or ACT. VA Code §§ 62.1-44.15:24 et seq.
STATE STORMWATER MANAGEMENT PROGRAM AUTHORITY or VSMP AUTHORITY. An authority approved by the State Board after September 13, 2011, to operate a State Stormwater Management Program.
STATE WATER CONTROL LAW. VA Code §§ 62.1-44.2 et seq.
STATE WATERS. All water, on the surface and under the ground, wholly or partially within or bordering the state or within its jurisdiction, including wetlands.
STORMWATER. 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.
STORMWATER MANAGEMENT PLAN. A document(s) containing material describing methods for complying with the requirements of § 153.06.
STORMWATER POLLUTION PREVENTION PLAN or SWPPP. 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. In addition the document 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.
TOTAL MAXIMUM DAILY LOAD or TMDL. 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.
VIRGINIA STORMWATER MANAGEMENT PROGRAM or VSMP. 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.
(1998 Code, § 18-52)
(A) Except as provided herein, no person may engage in any land disturbing activity until a VSMP authority permit has been issued by the Administrator in accordance with the provisions of this chapter.
(B) A Chesapeake Bay Preservation Act land disturbing activity shall be subject to an erosion and sediment control plan consistent with the requirements of the Chapter 152 of this code, a stormwater management plan as outlined under § 153.06, the technical criteria and administrative requirements for land disturbing activities outlined in § 153.09, and the requirements for control measures long-term maintenance outlined under § 153.10.
(C) Notwithstanding any other provisions of this chapter, the following activities are exempt, 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 VA Code Title 45.1;
(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 VA Code Title 10.1, Chapter 11 (§§ 10.1-1170 et seq.) or is converted to bona fide agricultural or improved pasture use as described in VA Code Title 10.1, Chapter 11, Article 9, §§ 10.1-1170 et seq.;
(3) Single-family residences separately built and disturbing less than 2,500 square feet 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 2,500 square feet of land area, or 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 or a combined sewer system;
(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 division (C)(7); 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 division (A) above is required within 30 days of commencing the land disturbing activity.
(D) When land disturbing activity results from the construction of a single-family residence, an agreement in lieu of a stormwater management plan may be substituted for a stormwater management plan if approved by the Program Administrator. Failure to comply with the terms of an agreement in lieu of a stormwater management plan shall constitute a violation of this chapter which may be enforced pursuant to § 153.14 herein.
(1998 Code, § 18-53) Penalty, see § 153.99
(A) Pursuant to VA Code §§ 62.1-44.15:24 et seq., the town hereby establishes a State 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 § 153.01. The Town Council hereby designates the Town Manager as the Administrator of the State Stormwater Management Program.
(B) No VSMP authority permit shall be issued by the Administrator, until the following items have been submitted to and approved by the Administrator as prescribed herein:
(1) A permit application that includes a general permit registration statement, if such statement is required;
(2) An erosion and sediment control plan approved in accordance with the Chapter 152 of this code; and
(3) An approved stormwater management plan that meets the requirements of § 153.06.
(C) No VSMP authority permit shall be issued until evidence of general permit coverage is obtained. A registration statement is not required for detached single-family home construction within or outside a common plan of development or sale, but such projects must adhere to the requirements of the general permit.
(D) No VSMP authority permit shall be issued until the fees required to be paid pursuant to the uncodified ordinance are received, and a reasonable performance bond required pursuant to § 153.15 has been submitted.
(E) No VSMP authority permit shall be issued unless and until the permit application and attendant materials and supporting documentation demonstrate that all land clearing, construction, disturbance, land development, and drainage will be done according to the approved permit.
(F) No grading, building, or other local permit shall be issued for a property unless a VSMP authority permit has been issued by the Administrator.
(G) A stormwater management plan that is approved for a residential, commercial, or industrial subdivision shall govern the development of the individual parcels, including those parcels developed under subsequent owners.
(1998 Code, § 18-54) Penalty, see § 153.99
(A) The stormwater pollution prevention plan (SWPPP) shall include the content specified by 9 VAC § 25-870-54 and must also comply with the requirements and general information set forth in 9 VAC § 25-880-70, § II (stormwater pollution prevention plan) of the general permit.
(B) The SWPPP 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.
(C) The SWPPP must be maintained by the operator at a central location on-site. If an on-site location is unavailable, notice of the SWPPP’s location must be posted near the main entrance at the
construction site. Operators shall make the SWPPP available for public review in accordance with § II of the general permit, either electronically or in hard copy.
(1998 Code, § 18-55) Penalty, see § 153.99
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