Virginia Stormwater Management Permitting

Construction ActivitiesJ. Douglas Fritz

Overview of VSMP Construction Stormwater Permitting

Discharges from regulated Construction Activities are ‘industrial’ discharges regulated under the Clean Water Act.

DCR is the federally-delegated authority to operate the permitting program in Virginia.

Permit coverage is required to have been obtained prior to initiation of land disturbance.

Two separate construction activities are regulated– Large Construction Activities

• Part of a common plan of development or sale

– Small Construction Activities• Part of a common plan of development or sale

Off-site support activities may be permitted under the construction permit

VSMP Permits are different than Local Erosion and Sediment Control

Statutory Authority

Regulatory Authority

Regulated Activity

Applicable Standards

Regulation Initiated

Erosion and Sediment Control VA Erosion and Sediment

Control Act

Local Governments

Erosion and Sediment Control from Land Disturbing Activities

Technology Based-Minimum Standards

Early 1970’s

Virginia Stormwater Management Permits

Clean Water Act

DCR, EPA, 3rd Parties

Pollutants Discharged from Construction Activities

Water Quality Standards

1987 CWA Modifications

Registration Statement

• When you submit a complete and accurate registration statement, you are registering for coverage under the General Permit for Stormwater Discharges from Construction Activities.

• You are agreeing to comply with the General Permit and its conditions.

• The permit is found at: http://www.dcr.virginia.gov/stormwater_management/documents/vsmpgenpermvar10.pdf

Routine maintenance does not need a VSMP Permit

• Cleaning out a roadside drainage. Enlargement or construction of additional roadside drainage beyond its original “as built” state is not routine maintenance.

• Dredging or re-grading a structural stormwater facility to maintain its “as built” state.

• Re-grading and re-graveling a gravel parking lot or equipment pad.

• Repaving, unless underlying and/or surrounding soil is cleared, graded or excavated as part of the paving operation.

Stormwater Pollution Prevention Plan (SWPPP)

Required as a condition of the General Permit

A document that is prepared in accordance with good engineering practices and that identifies potential sources of pollution that may reasonably be expected to affect the quality of stormwater discharges from the construction site or its associated land-disturbing activities.

More than just pollution prevention during rain events

All plans incorporated by reference into the SWPPP shall be enforceable under the permit issued.

Requirements of what must be included in a SWPPP are found in the General Permit.

Asphalt-specific concerns

Spills Batch plants

Equipment Cleaning Contaminated Runoff

Operator" means the owner or operator of any facility or activity subject to regulation under the VSMP program.

(i)the person has direct operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications

or

(ii) the person has day-to-day operational control of those activities at a project that are necessary to ensure compliance with a stormwater pollution prevention plan for the site or other permit conditions (i.e., they are authorized to direct workers at a site to carry out activities required by the stormwater pollution prevention plan or comply with other permit conditions).

Receiving Waters

Directions to obtain information about hydrologic unit codes, receiving waters, impaired waters found at: http://www.dcr.virginia.gov/stormwater_management/documents/vsmpgisdirs.pdf

DEQ Virginia Environmental Geographic Information System.

Can also obtain latitude and longitude from this site.

Total Land Area of Development

• Acreage should include all parts of the project.

• Imagine placing safety fencing around project including access roads.

• Not an entire campus if you are building a parking lot.

Common Plan of Development

or SaleIncluded in federal definitions of construction activities.

Examples:

– Individual houses in a subdivision;

– Outparcels in commercial development.

Nutrient Offsets

The purchase of nutrient offsets to meet certain water quality post development criteria are allowed.

This is a specific program authorized under 10.1-603.8:1of the Code of Virginia

Nutrient offsets are not the same as using a regional facility or paying into a pro rata program.

SignaturesLegal document.

Must be signed by appropriate person.

For a corporation: by a responsible corporate officer or the manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long-term compliance.

For a partnership or sole proprietorship: by a general partner or the proprietor, respectively.

Fees

Five acres or greater (or part of a common plan of development or sale totaling greater than 5 acres.

– $500

One acre to less than five acres (also part of common plan)

– $300

Greater than 2,500 ft2 and less than one acre in CBPA regulated areas

– $200

XX

The Future

Part III of the modified Virginia Stormwater Management Program Regulations

• Delegates legal authorities to local governments for plans approval, compliance and fee collection.

• Ensures, at a minimum, compliance with water quality design criteria and VSMP General Permit through the use of local ordinances.

• DOES NOT delegate VSMP permit issuance to local governments.

• VSMP General Permit will need to be creative in how this is structured.

Mandatory v. Voluntary

Required to adopt or revise local SWM ordinance/program (Chesapeake Bay Preservation Act localities and Municipal Separate Storm Sewer System (MS4) permitted localities

Has option to adopt local SWM ordinance/program (if not, DCR will implement SWM)

The Key Differences in Application

Existing

Impervious Surface

0.5 inches of Runoff

Average land condition or

technology based

10% reduction P

Simple Method

New

Forest/Open Space, Turf, Impervious

1.0 inches of Rainfall

0.41 lbs./ac/yr P

<1 acre-10% Reduction P,

>1 acre -20% Reduction P

Runoff Reduction

Land Use(s)

Event

New Design Criteria

Redevelopment Criteria

ComplianceMethodology

Questions?

J. Douglas Fritz

Stormwater Permits Manager

(804) 371-7330

doug.fritz@dcr.virginia.gov