Proposed Stormwater Management Requirements for Virginia

1. Proposed Stormwater Management Requirements for Virginia Rappahannock River Basin Commission June 24, 2009 Presented by: Jack E. Frye, Director, DCR-Division of Soil and Water Conservation

2. Key Points • Virginia is addressing all pollutant sources: waste water, stormwater and agriculture • Stormwater is fastest growing pollution source • Best science and modeling have been applied • 3 years and 50 public meetings to develop • Integrate stormwater management into local E&SC programs

3. Developing & Developed Lands Nonpoint Source Programs • Erosion and Sediment Control: • Reduce sediment-laden runoff from construction sites • DCR oversees 164 locally administered programs • 85% local programs consistent with state law • 17,700 trained & certified local staff & contractors • Stormwater Management: • Reduce long-term negative impacts to water quality & quantity resulting from land development & prevent downstream flooding • Regulatory changes proposed; locally run program focus – coordination with E&SC at local level

4. Agencies and Boards with Stormwater Management Programs2004 • Department of Conservation and Recreation • Board of Conservation and Recreation • Virginia Soil and Water Conservation Board • Department of Environmental Quality • State Water Control Board • Chesapeake Bay Local Assistance Department • Chesapeake Bay Local Assistance Board

5. Virginia’sStormwater Management Act of 2004 • Code of Virginia Sec. 10.1-603 • Consolidated VA stormwater programs from multiple agencies into Department of Conservation & Recreation • Authorizes future transfer of stormwater permitting to localities. [federal general permit coverage] • Localities with MS4 permits and localities within the VA Chesapeake Bay Preservation Act area must adopt a local stormwater management program (107 localities); all other localities may adopt or defer to DCR to implement. • VA Soil and Water Conservation Board (SWC Board) authorized to adopt regulations for stormwater management programs in Virginia; standards for stormwater management for water quality and quantity

6. SW Statutory Authority 10.1-603.4. Development of regulations. The Board is authorized to adopt regulations that specify minimum technical criteria and administrative procedures for stormwater management programs in Virginia. The regulations shall …….. 1. Establish standards and procedures for delegating the authority for administering a stormwater management program to localities… 3. Require the provision of long-term responsibility for and maintenance of stormwater management control devices and other techniques specified to manage the quality and quantity of runoff; 8. Encourage low impact development designs, regional and watershed approaches, and nonstructural means for controlling stormwater; and 9. Promote the reclamation and reuse of stormwater for uses other than potable water in order to protect state waters and the public health and to minimize the direct discharge of pollutants into state waters;… 11. Provide for the evaluation and potential inclusion of emerging or innovative stormwater control technologies that prove effective in reducing nonpoint source pollution

7. Proposed Stormwater Management Regulations • July 2005: VA SWC Board authorized regulatory action by DCR • May 2006 to September 2008: Technical Advisory Committees met (17 TAC meetings, 4 subcommittee meetings, 13 technical advisory group meetings, 7 charrettes, 3 public meetings) • TAC participants included: local government, engineers, conservation orgs, development community, etc. • September 2008: VA SWC Board approved proposed regulations • June 22 2009 – 60 day public comment period begins • Fall 2009 – VA SWC Board adopts regulations • July 1, 2010 – earliest effective date of regulations • Localities have 15 - 21 months to adopt ordinances to implement regulations. (Optional localities have 6 months to decide if they will implement or defer to DCR to implement.)

8. Localities with MS4 permits and localities within the CBPA Area must adopt a local stormwater management program according to a schedule set by the Board but no sooner than 15 months and not more than 21 months following the effective date of the regulation that establishes local program criteria and delegation procedures (HB1991—effective date cannot be prior to July 1, 2010). Localities not covered by a MS4 permit or not within the CBPA Area may elect to adopt a local stormwater management program. In the absence of an adopted local stormwater management program, DCR will operate a program within a locality. Future administration of construction stormwater programs in VA

9. Locality Administered Program & DCR Administered Program Technical Criteria Administrative Requirements Plan Review Criteria Inspection Criteria Enforcement Criteria SWM Facility Inspection & Maintenance Reporting & Record Keeping

10. SWM Handbook Update • To conform it to the revised regulations • To include additional information useful in achieving better SWM designs and solutions • To reflect improved understanding of BMP design and performance • To explain improved compliance methodology SWM BMP Clearinghouse Website • Cooperative venture with Va. Water Resources Research Center • at Va. Tech • Web Site – new home for VA approved SWM BMP standards and • specifications; will allow for timely updates of standards • supported by new research and technology improvements

11. Proposed Stormwater Management Regulations – changes • Change from the “Simple Method” to a • “Runoff Reduction Method” for runoff calculations: • Accommodates variations in runoff based on land cover conditions • Allows for consideration of more variables • Engages site layout considerations • More closely mimics real-world runoff conditions

12. Runoff Reduction Method Total annual runoff volume reduced through: • Tree canopy interception/Green Roof • Soil interception • Evaporation • Transpiration • Rainfall harvesting • Engineered infiltration

13. A B Reduction = 60% Unit Cost = $11/cf Reduction = 50% Unit Cost = $225/cf D C Reduction = 60% Unit Cost = $6/cf Reduction = 5% Unit Cost = $3/cf 13

14. Runoff Reduction Method 3 Land Covers and 3 Step Compliance : Managed turf – Impervious – Forest/open space (use land cover runoff to compute P loads) Step 1: Design site to minimize impervious cover, grading & loss of forest Step 2: Apply runoff reduction practices Step 3: Compute pollutant removal by selected BMPs

15. Pollutant Removal Practices Constructed Stormwater Wetlands Level 1 and Level 2 for each: • Filtering practices • Constructed wetlands • Wet swale • Wet pond Level 2 Level 1

16. Runoff Volume Reduction Environmental Site Design: • Conserve forest, soil restoration, roof disconnection Reduction Practices: • Sheet flow to open space, rain gardens, rain tanks/cisterns, green roof, grass channels, infiltration, permeable pavement, biofiltration Cistern VDOT New Kent Infiltration Permeable pavement

17. Proposed Stormwater Management Regulations – specific changes • Stormwater Quality Standards • Consistent State-wide • Establishes a phosphorus runoff target for all development of 0.28 lbs/acre/year (now 0.45 lbs/acre/year) • Redevelopment requires 20% phosphorus reduction (10% now) • Stormwater Quantity Standards • Stream channel protection standards based on 1-year 24-hour storm (current standard: 2-year storm) • Flood protection standards based on 10-year storm event (same as current standard) • Promotes “better site design”, “low impact development” & “rainwater harvesting” techniques in site design process • Allows for regional approaches & “offsets”

18. Proposed Fee Distribution Presently - DCR runs the program and receives 100% of fee State law requires fees to cover the cost of operating the program- these fees are inadequate New- Fees to cover both local program operation & state oversight (fee split) Locality Program: Locality >72%, DCR <28% DCR Program - DCR 100% of permit fee

19. Proposed Fees - Initial Coverage 2,500 sqft < 0.5 acre - $290 > 0.5 acre < 1 acre - $1,500 > 1 acre < 5 acres - $2,700 > 5 acres < 10 acres - $3,400 > 10 acres < 50 acres - $4,500 > 50 acres < 100 acres - $6,100 > 100 acres - $9,600 Individual Permit - $15,000

20. Summary Points • Goal of achieving Bay and statewide water quality needs • Extensive input on VA’s proposed SW regulations; seeking broad exposure and comments from public • “Runoff Reduction” basis of new standards • Functional green infrastructure opportunity is significant • Strongly promote rainwater harvesting & stormwater use • Has a “place” in water supply planning • Reduction in potable water needs & infrastructure; energy efficiency; improved water security in droughts & disasters; an element of “homeland security” • Law requires permit fees adequate to fund the program www.dcr.virginia.gov ; click on “Policy, Regulations and Public Comment”