Transcript Stormwater Management in Virginia

Roanoke Regional Commission
June 28, 2012
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Final in 2011
Compliance begins July 2014
Regulations focus:
◦ Accountability – 40% Commonwealth-wide
compliance with construction site permitting in the
past
◦ Consistency and Fairness – all have to comply
◦ Efficiency and Effectiveness – one-stop shopping at
the local level for development community
◦ Water Quality Protection – consistent standard to
meet regardless of new or redevelopment
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HB 1065
Eliminates Local Option for State to Provide
Services – Promotes regional cooperation
Integrates elements of the Erosion and
Sediment Control Act and the Stormwater
Management Act.
◦ These regulatory programs can be implemented in
a consolidated and consistent manner.
◦ Localities may want to revisit their E&SC programs
at the same time as adopting the new stormwater
management requirements to take advantage of
this streamlining.
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Ordinance
Plan Review and Approval Process
Inspection and Compliance/Long-Term BMP
Maintenance
Administration
DCR has developed draft compliance checklists and has
released a preliminary draft model ordinance.
The model is considered guidance.
Localities have flexibility as long as they meet the
requirements of the regulations and the program is
approved by the Virginia Soil and Water Conservation
Board.
Localities also maintain authority to adopt more
stringent requirements under the regulations.
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Land Use. Reduction calculations were based on
impervious cover only. Calculations now differentiate
among impervious cover, forest, and turf. This
encourages reducing impervious cover through
creative site design.
New Development. Pollutant reduction was based on
average land cover conditions. The new requirement
is 0.41 lbs/acre/year state-wide.
Redevelopment. Pollutant reduction was 10% based
on existing site conditions. The new requirement is
20% based on existing site conditions (except under
one acre, where it is still 10%).
Stream and Channel Protection. New requirements
are situation specific and account for different types
of channels (man-made, restored, natural stream,
etc.).
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Stormwater Pollution Prevention Plan (SWPPP).
This is the plan that must be submitted to
demonstrate compliance. It includes a
Stormwater Plan, E&SC Plan, and Pollution
Prevention Plan. The locality is also responsible
for ensuring a registration statement has been
issued for a VSMP construction permit.
Fees! The regulations contain a fee schedule and
the locality may keep 70% for local
administration. Localities may also petition to
have higher rates if it can be demonstrated that
the current fees don’t cover cost.
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Nutrient Offsets. While the new regulations
primarily give localities more control, new
nutrient offset language takes away some of that
with respect to meeting phosphorus reduction
requirements.
BMP Design. There is no longer local discretion
about which BMPs can be used. BMP technical
criteria are now defined by DCR through the
Virginia Stormwater BMP Clearinghouse. This will
increase consistency, but may discourage local
innovation.
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Regional Cooperation: It may make a lot of sense to
work together regionally or contract program
implementation through a SWCD or regional
commission.
HB1065 does present an opportunity to better
integrate E&SC and stormwater management.
Localities may want to look at both programs to see if
there is a way to achieve efficiencies.
Get Started Now: Timing will be an issue. Getting
started now is key to adequate stakeholder
involvement.
Impacts of TMDLs: The regulations discuss
additional requirements to ensure that local TMDLs
are accounted for in the development process. This
may require additional, watershed-specific,
requirements that could represent a return to a
patch-work of programs.
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EPA is expanding requirements universally.
Enforcement is increasing.
Linkages developing between stormwater
runoff and wastewater treatment.
Recognition that “one solution – one set of
standards” does not work across the nation.
New Stormwater Regulations –
◦ Delayed by Office of Management and Budget
◦ Expected after January 1, 2013
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Innovation
Education is key
Greening of urban centers
Using models to balance effectiveness of BMPs
Much better research today on BMPs
Improvements in technologies – industry
supporting research and pilot projects
◦ Porous pavers
◦ Porous concrete