V. VESCP/VSMP and VESCP and VSMP Authority

1. V. VESCP/VSMP and VESCP and VSMP Authority General Stormwater Training Workshop

2. Topics • Review the Virginia Stormwater Act in relation to the establishment of VSMPs and VSMP Authorities • Look at how the Integration Bill impacts local programs in E&S and Stormwater

3. House Bill 1065 (Integration Bill) (Re)Defines Local Program and Local Program Authority in the Erosion and Sediment Control Law, the Stormwater Management Act and the Chesapeake Bay Act.

4. How? V.S. Before House Bill 1065 After

5. Erosion and Sediment Control

6. In the Beginning The VESCL defines a “Local Erosion and Sediment Control Program” as: “… an outline of the various methods employed by a program authority to regulate land-disturbing activities and thereby minimize erosion and sedimentation in compliance with the state program and may include such items as local ordinances, policies and guidelines, technical materials, inspections, enforcement and evaluation.”

8. “Virginia Erosion and Sediment Control Program,” or ‘VESCP,” means a program approved by the Board that has been established by a VESCP authority for the effective control of soil erosion, sediment deposition, and non-agricultural runoff associated with a land-disturbing activity to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources and shall include such items where applicable 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 article, and evaluation consistent with the requirements of this article and its associated regulations.

9. “Virginia Erosion and Sediment Control Program authority,” or “VESCP authority,” means an authority approved by the Board to operate a Virginia Erosion and Sediment Control Program. An authority may include a state entity, including the Department; a federal entity; a district, county, city, or town; or for linear projects subject to annual standards and specifications, electric, natural gas and telephone utility companies, interstate and intrastate natural gas pipeline companies, railroad companies, or authorities created pursuant to § 15.2-5102.

10. VSMP

11. In the Beginning The VSA defines a “Local Stormwater Management Program” as: “… the various methods employed by a locality to manage the quality and quantity of runoff resulting from land disturbing activities and shall include such items as local ordinances, permit requirements, policies and guidelines, technical materials, inspections, enforcement and evaluation consistent with this article”

12. In the Beginning The VSA defines the “VSMP” as: “… the Virginia program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits , and imposing and enforcing requirements pursuant to the federal Clean Water Act and this article.”

14. "Virginia Stormwater Management Program" or "VSMP" means 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 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 article, and evaluation consistent with the requirements of this article and associated regulations.

15. "VSMP authority" means an authority approved by the Board after September 13, 2011, to operate a Virginia Stormwater Management Program or, until such approval is given, the Department. An authority may include a locality; state entity, including the Department; federal entity; or, for linear projects subject to annual standards and specifications in accordance with subsection B of § 10.1-603.5, electric, natural gas, and telephone utility companies, interstate and intrastate natural gas pipeline companies, railroad companies, or authorities created pursuant to § 15.2-5102.

16. § 10.1-603.3. Establishment of Virginia stormwater management programs. • All Counties, Cities and MS4 Towns must adopt a VSMP • Non-MS4 Towns have an option to adopt a VSMP or be subject to the County VSMP • Spells out DCR’s role (grants, technical assistance, and training) • DCR to provide a model ordinance • When applicable, VSMP should be administered in combination with MS4 and VESCP

17. § 10.1-603.3. Establishment of Virginia stormwater management programs. • State and Federal Entities, Linear Projects and Public Service Authorities may adopt a VSMP • VSMPs will need to be approved by the Board • Allows the VSMP authority to enter into agreements with other entities (SWCD’s, PDC’s, other localities, consultants) • Localities shall issue a consolidated stormwater and E&SC Permit

18. § 10.1-603.3. Establishment of Virginia stormwater management programs. • Requires State Permit coverage before issuing local land-disturbance approval • Approved VSMPs are considered consistent with the stormwater management requirement of the CBPA • Requires VSMP authority compliance with the ESCL • Effective date of VSMPs is July 1, 2014

19. ¿Questions?