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Stormwater Management in Virginia

Stormwater Management in Virginia. Roanoke Regional Commission June 28, 2012. State Regulations. Final in 2011 Compliance begins July 2014 Regulations focus: Accountability – 40% Commonwealth-wide compliance with construction site permitting in the past

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Stormwater Management in Virginia

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  1. Stormwater Management in Virginia Roanoke Regional Commission June 28, 2012

  2. State Regulations • 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

  3. 2012 Legislative Impacts • 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.

  4. What Localities Must Address • 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.

  5. What Does This Mean to an MS4? • 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.).

  6. What Does this Mean to an MS4? • 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.

  7. What Does this Mean to an MS4? • 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.

  8. Other Thoughts: • 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.

  9. National Perspective • 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

  10. Approach Across Industry • 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

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