Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part VIII - Fees › Section 9VAC25-875-1290 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
Sections
					 62.1-44.15:28 and
					 62.1-44.15:31 of the Code of
					 Virginia authorize the establishment of a statewide fee schedule, including
					 administrative charges for state agencies, for stormwater management for
					 land-disturbing activities, and for municipal separate storm sewer systems.
					 This part establishes the fee assessment and the collection and distribution
					 systems for those fees. The fees shall be established for individual permits or
					 coverage under the General VPDES Permit for Discharges of Stormwater from
					 Construction Activities (permits for stormwater management for land-disturbing
					 activities) to cover all costs associated with the implementation of a VESMP by
					 a VESMP authority that has been approved by the department. Such fee attributes
					 include the costs associated with plan review, registration statement review,
					 permit issuance, state-coverage verification, inspections, reporting, database
					 management, and compliance activities associated with the land-disturbing
					 activities as well as for program oversight costs. Fees shall also be
					 established for permit maintenance, modification, and transfer.
Fees collected pursuant to this part shall be in addition
					 to any general fund appropriations made to the department or other supporting
					 revenue from a VESMP; however, the fees shall be set at a level sufficient for
					 the department and the VESMP authority to fully carry out their
					 responsibilities under the VESMA, this chapter, local ordinances, or standards
					 and specifications where applicable.
When establishing a VESMP, the VESMP authority shall assess
					 the statewide fee schedule and shall have the authority to reduce or increase
					 such fees, and to consolidate such fees with other program-related charges, but
					 in no case shall such fee changes affect the amount established in
					 9VAC25-875-1400 as available to the
					 department for program oversight responsibilities pursuant to §
										62.1-44.15:28A
					 9 of the Code of Virginia. Accordingly, should a VESMP authority demonstrate to
					 the department its ability to fully and successfully implement a VESMP without
					 a full implementation of the fees set out in this part, the department may
					 authorize the administrative establishment of a lower fee for that program
					 provided that such reduction shall not reduce the amount of fees due to the
					 department for its program oversight and shall not affect the fee schedules set
					 forth in this part.
A VESMP authority may establish greater fees than those
					 base fees specified by this part should it be demonstrated to the department
					 that such greater fees are necessary to properly administer the VESMP. Any fee
					 increases established by the VESMP authority beyond those base fees established
					 in this part shall not be subject to the fee distribution formula set out in
					 9VAC25-875-1360. Nothing in this
					 part shall prohibit a locality from establishing other local fees authorized by
					 the Code of Virginia related to stormwater management within their
					 jurisdictions.
A VESMP's portion of the fees shall be used solely to carry
					 out the VESMP's responsibilities under the VESMA, this chapter, ordinances, or
					 standards and specifications.
As part of its program oversight, the department shall
					 periodically assess the revenue generated by both the VESMP authorities and the
					 department to ensure that the fees have been appropriately set and the fees may
					 be adjusted through periodic regulatory actions should significant deviations
					 become apparent.
Statutory Authority: §
												62.1-44.15:28 of the Code of
						Virginia; Chapters 68 and 758 of the 2016 Acts of
						Assembly.