1. II. History and Overview of the Virginia Stormwater Management Act
General Stormwater Training Workshop

2. Topics Why regulate stormwater?
Review the history of the Stormwater Act
Review the impact of the Integration Bill (HB 1065)
Review of the important elements and requirements in the law

3. In the Beginning

4. The Beginning of Soil (and Water) Conservation

5. Why regulate Stormwater?

8. Nutrients
Nutrients

9. First flush

10. Pollution
Pollution P
O2 depletion
Sediment N
Algal bloom
Shading
Clean
Water
Shading
Impacts
Aquatic organisms
Human health
Human use and
enjoyment of the environment

11. Concentrations of nitrogen and phosphorus in natural waters, Stormwater and wastewater (expressed in mg/L)
** current technology
Note that untreated urban stormwater runoff has about the same
concentration as treated wastewater
Parameter
Natural Waters
Urban Stormwater
Untreated sewage
CSOs
Treated sewage**
Nitrogen
0.1(as NO-3)
2 to 3 20
3-24 3
Phosphorus
0.005 –0.05 (as
dissolved P)
0.2 –0.5 10
1-11
0.1

12. Runoff Event Mean Concentrations (EMCs) for N and P in an Urban Environment
Urban Land Cover
Total N (mg/l)
Total P (mg/l)
Lawns
9.70
1.90
Highway
2.95
0.60
Streets
1.40
0.50
Parking lots
1.94
0.16
Roof tops
1.50
0.12
Source: CWP, 2003

13. Urban Nutrient Loads (are fast becoming a bigger slice of the Bay pie)
Year Total N Total P
% 5%
% %
% 22%
????
Urban and suburban runoff into the Chesapeake Bay is the only nutrient load sector where we are seeing reverse progress
In load reductions-source OIG (2007)

14. There are many sources of N and P in the urban environment

15. Some additional sources of nitrogen in urban runoff include:
Wash-off of fertilizers
Nitrogen attached to eroded soils and streambanks
Organic matter and pet wastes on Impervious Cover

16. Effect of Eutrophication on Waters
Increased frequency of algal blooms
Increased hypoxia and anoxia
Decline in submersed aquatic plants
Reduced water clarity
Decline in benthic life
Fish kills

17. Nutrient Enrichment by Stormwater
Most streams have a naturally low phosphorus content (TP)
EPA’s recommendation for TP in natural streams is 0.1 mg/l
P-enriched streams have:
higher biomass
less biological diversity
more bottom algae and rock scum
lower oxygen levels

18. Impact of development on stream quality

19. Stream Impacts 8-10% 20% > 65% Impervious Cover
In-stream erosion results in the release of nutrients into the stream. These nutrients are/were attached to soil particles and in pore spaces.

20. Pollution of 1970s The Federal Pollution Control Act of 1972  NPDES
Clean Water Act (1977)
NEPA (1970)
Clean Air Act (1970)
ESA (1973)
TSCA (1976)
CERCLA (1980)

21. Governor’s Natural Resources Partnership Agenda
“The Secretary of Natural Resources will work with the DEQ, DCR, CBLAD, other agencies and the public to streamline the current storm water management process. A plan and recommendations are due to the Governor by October 1, 2003 that provides for improved water quality protection and evaluates stormwater programs statewide.”

22. Some of the Key Recommendations
Establish a more uniform statewide construction permitting program
Establish statewide stormwater requirements for projects with land disturbances of 1 acre or greater (with allowance for lower threshold in CBPA)
Empower local governments to implement stormwater management programs
Develop a statewide permit fee system
Encourage low-impact approaches and better site designs
Consolidate SWM and ESC local program reviews

23. 2004 Legislation
Followed a year of planning meetings/negotiations among Secretary of Natural Resources, three agency heads and key program staff
Accomplished most of Partnership Agenda SWM objectives
Moved nearly all SWM responsibilities from DEQ and CBLAD to DCR, effective July 1, 2004
DEQ retained responsibility for issuing industrial SWM permits

24. 2004: Beginning of Stormwater Management in Virginia
Since 2004 Stormwater quality and quantity management are mandatory throughout Virginia

25. Impact of the 2004 Legislation on Clean Water Act Implementation in Virginia
DEQ
DCR
Wetlands
E&S
NPDES Industrial Facilities
VSMP
Wastewater Treatment Plants
MS4
TMDL
Construction General Permits
Non Point-Source
Nutrient Management
Chesapeake Bay Local Assistance

26. Implementation
The Soil and Water Conservation Board passed a motion on July 21, 2005 authorizing the development of a Notice of Intended Regulatory Action (NOIRA).
With significant stakeholder involvement, completed regulation revision in two separate regulatory actions
Part 13-Fees, effective February 3, 2010
Parts 1, 2 and 3-Definitions, Technical Criteria and Local Programs, effective September 13, 2011
Included delayed implementation and grandfathered sections to establish stormwater programs.

27. Issues encountered during the development of the 2011 Virginia Stormwater Regulations:
Highlighted inconsistencies and contradictions between the CBA, VESCL, VSMA
Difference between localities located in the Chesapeake Bay watershed and those that are not
No good guidance on training and certification

28. House Bill 1065 (Integration Bill)
Amends the Erosion and Sediment Control Law, the Stormwater Management Act and the Chesapeake Bay Act to remove inconsistencies and contradictions between the three laws.

29. What the Integration Bill does:
Makes the definition section consistent across the three acts
Requires all counties cities and towns that are MS4s in Virginia to adopt a VSMP program
Allows non MS4 towns to adopt a program or be subject to the program of the county where the town is located

30. What the Integration Bill does:
Requires that you have an approved E&S plan and coverage under VSMP before land disturbance can take place
Establishes a VSMP and VESCP
Eliminates the Chesapeake Bay Local Assistance Board and transfers oversight of the Chesapeake Bay Preservation Act to the Virginia Soil and Water
Conservation Board

31. What the Integration Bill does not do:
It does not change any of the CBPA requirements (does not eliminate the need to comply with the act)
It does not make the CBPA applicable statewide
It does not change the area (localities) that the original CBPA applies to

32. What the Integration Bill does not do:
Separate approved E&S plans and the Stormwater Permits are still required before starting land disturbance (more than one approval required)
There are still different permit thresholds for an E&S plan (10,000 and 2,500 sf) and a Stormwater Permit (1 acre)

33. The SWA (after HB1065) 10.1-603.2 Definitions
Description unavailable
:01 Certified mail; subsequent mail or notices may be sent by regular mail.
(For contingent repeal, see Editor's note) Recovery of administrative costs
:1 Powers and duties of the Virginia Soil and Water Conservation Board
Monitoring, reports, investigations, inspections, and stop work orders
:2 State permits
Department to review VSMPs
Establishment of Virginia stormwater management programs
:1 Right of entry
:2 Information to be furnished
Development of regulations
:3 Private rights; liability
:1 Virginia Stormwater Management Fund established
:4 Enforcement by injunction, etc
:5 Testing validity of regulations; judicial review
:2 Education and training programs.
Annual standards and specifications for state agencies, federal entities, and other specified entities
:6 Right to hearing
:7 Hearings
Duties of the Department
Appeals
Authorization for more stringent ordinances
:1 Appeal to Court of Appeals
Regulated activities; submission and approval of a permit application; security for performance; exemptions
Penalties, injunctions, and other legal actions
:1 Enforcement authority of MS4 localities
`Cooperation with federal and state agencies
:1 Nutrient credit use and additional off-site options for construction activities

34. (some important changes to the Act)
The SWA (after HB1065)
(some important changes to the Act)

35. The SWA (after HB 1065)
In the Definitions (§ ) defines: Chesapeake Bay Preservation Act land-disturbing activity as “land-disturbing activity … that result in a land disturbance equal or greater than 2,500 square feet and less than one acre in all areas of jurisdiction designates as subject to the regulations adopted pursuant to the Chesapeake Bay Preservation Act.”

36. The SWA (after HB 1065)
In the Definitions (§ ) defines: Virginia Stormwater Program or VSMP as “a program approved by the Board after September 13, 2011, that has been established by a VSMP authority to manage the quality and quantity of runoff resulting from land-disturbing activities …”

37. The SWA (after HB 1065)
In the Definitions (§ ) defines: Virginia Stormwater Program authority or VSMP authority include localities, state entities. Federal entities, and “linear project companies.”

38. The SWA (after HB 1065)
In the Definitions (§ ) defines: Watershed … “In karst areas, the karst feature to which water drains may be considered the single outlet for the watershed.”

39. § 10.1-603.3 Establishment of VSMPs
All Counties, Cities and MS4 Towns must adopt a VSMP by July 1, 2014
Non-MS4 Towns have an option to adopt a VSMP or be subject to the County VSMP

40. § 10.1-603.4. Development of regulations
A. The Board is authorized to adopt regulations that specify minimum technical criteria and administrative procedures for Virginia Stormwater Management Programs.
(establishes fees, runoff requirements/reduction, LID, water re-use, innovative methods)

41. § 10.1-603.4:2. Education and training programs.
A. The Board shall issue certificates of competence concerning the content and application of specified subject areas of this article and accompanying regulations, including program administration, plan review, and project inspection, to personnel of VSMP authorities and to any other persons who have completed training programs or in other ways demonstrated adequate knowledge to the satisfaction of the Board. ….

42. § 10.1-603.5. Annual standards and specifications ….
A. State entities, including the Department and the Department of Transportation, and for linear projects set out in subsection B, electric, natural gas, and telephone utility companies, interstate and intrastate natural gas pipeline companies, and railroad companies shall, and federal entities and authorities created pursuant to §   may, annually submit a single set of standards and specifications for Department approval that describes how land-disturbing activities shall be conducted.

43. § 10.1-603.8. Regulated activities
A person shall not conduct any land-disturbing activity until he has submitted a permit application to the VSMP authority that includes a state VSMP permit registration statement and, after July 1, 2014, a stormwater management plan, and has obtained VSMP authority approval to begin land disturbance.
 …. VSMP authority has 60 days for review

44. § 10.1-603.8. Regulated activities (Exemptions)
Mining
Agriculture
Single family residences (< 2,500 sf in CBPA Areas)
Areas < 1 acre, unless in CBPA Area (E&S <10,000 sf)
Sanitary sewer and CSO discharges
Reclamation areas
Routine maintenance
Response to emergencies

45. § 10.1-603.8:1. Nutrient Credit Use .…
Provides and option to use Nutrient Credits in the same tributary to offset impacts from development. (not quantity)
Conditions:
Less than 5 acre disturbance
Only for areas that require less than 10 lbs of P reduction per year
Alternatives are considered (i.e., 75% reduction is achieved on site)

46. § 10.1-603.10. - § 10.1-603.15. Monitoring Inspections Enforcement
Penalties
Hearings
Nutrient credits

47. The Virginia Stormwater Management Program Regulations

48. Questions?