reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part II - Virginia Erosion and Stormwater Management Program › Article 1 - Definitions, Purpose, and Applicability › Section 9VAC25-875-60 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
This part is applicable to:
1. Any local government that administers a
					 VESMP;
2. The department that
					 administers a VESMP and VSMP; and
3. The department in its administrative
					 oversight of VESMPs.
Statutory Authority: §
													62.1-44.15:28 of the Code of
						  Virginia; Chapters 68 and 758 of the 2016 Acts of
						  Assembly.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part II - Virginia Erosion and Stormwater Management Program › Article 2 - Land-Disturbing Activities › Section 9VAC25-875-70 - Regulated land-disturbing activities

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Land-disturbing activities that meet one of the criteria in this subsection are
					 regulated as follows:
1. Land-disturbing
					 activity that disturbs 10,000 square feet or more, although the locality may
					 reduce this regulatory threshold to a smaller area of disturbed land, is less
					 than one acre, not in an area of a locality designated as a Chesapeake Bay
					 Preservation Area, and not part of a common plan of development or sale, is
					 subject to criteria defined in Article 2 (9VAC25-875-540 et seq.) of Part V
					 (9VAC25-875-470 et seq.) of this
					 chapter.
2. Land-disturbing
					 activity that disturbs 2,500 square feet or more, although the locality may
					 reduce this regulatory threshold to a smaller area of disturbed land, is less
					 than one acre, and in an area of a locality designated as a Chesapeake Bay
					 Preservation Area is subject to criteria defined in Article 2 and Article 3
					 (9VAC25-875-570 et seq.) of Part V
					 unless Article 4 (9VAC25-875-670 et seq.) of Part V
					 of this chapter is applicable, as determined in accordance with
					 9VAC25-875-480 and
					 9VAC25-875-490. For land-disturbing
					 activities for single-family detached residential structures, Article 2 of Part
					 V and water quantity technical criteria,
					 9VAC25-875-600, shall apply to any
					 land-disturbing activity that disturbs 2,500 square feet or more of land, and
					 the locality also may require compliance with the water quality technical
					 criteria, 9VAC25-875-580 and
					 9VAC25-875-590.
3. Land-disturbing activity that disturbs
					 less than one acre, but is part of a larger common plan of development or sale
					 that disturbs one acre or more, is subject to criteria defined in Article 2 and
					 Article 3 of Part V unless Article 4 of Part V of this chapter is applicable,
					 as determined in accordance with
					 9VAC25-875-480 and
					 9VAC25-875-490.
4. Land-disturbing activity that disturbs one
					 acre or more is subject to criteria defined in Article 2 and Article 3 of Part
					 V unless Article 4 of Part V is applicable, as determined in accordance with
					 9VAC25-875-480 and
					 9VAC25-875-490.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part II - Virginia Erosion and Stormwater Management Program › Article 2 - Land-Disturbing Activities › Section 9VAC25-875-80 - Land-disturbing activities in a Chesapeake Bay Preservation Area

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Localities subject to the Chesapeake Bay Preservation Act shall regulate runoff
					 associated with land-disturbing activities in a Chesapeake Bay Preservation
					 Area that are equal to or greater than 2,500 square feet but less than one acre
					 in accordance with the following:
1. After
					 June 30, 2014, such land-disturbing activities shall not require completion of
					 a registration statement or require coverage under the General VPDES Permit for
					 Discharges of Stormwater from Construction Activities (9VAC25-880 et seq.) but
					 shall be subject to the technical criteria and program and administrative
					 requirements set out in
					 9VAC25-875-740.
2. A local land disturbance approval, as
					 applicable, shall be provided for the land-disturbing activity.
3. The locality shall regulate such
					 land-disturbing activities in compliance with the:
a. Program requirements in
					 9VAC25-875-100;
b. Plan review requirements in
					 9VAC25-875-110 with the exception
					 of subsection D of
					 9VAC25-875-110 or as allowed in
					 subsection A of
					 9VAC25-875-750;
c. Long-term stormwater management facility
					 requirements of
					 9VAC25-875-130;
d. Inspection requirements of
					 9VAC25-875-140 with the exception
					 of subdivisions A 3 and A 4 of
					 9VAC25-875-140;
e. Enforcement components of
					 9VAC25-875-150;
f. Hearing procedures in effect in the
					 locality;
g. Exception conditions
					 of 9VAC25-875-170, excluding
					 subsection A of
					 9VAC25-875-170, which is not
					 applicable; and
h. Reporting and
					 recordkeeping requirements of
					 9VAC25-875-180 with the exception
					 of subdivision B 3 of
					 9VAC25-875-180.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part II - Virginia Erosion and Stormwater Management Program › Article 3 - Programs Operated by a VESMP Authority › Section 9VAC25-875-100 - Criteria for programs operated by a VESMP authority

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each locality
					 that operates a regulated MS4 or that chooses to administer a VESMP shall, by
					 ordinance, establish a VESMP that shall be administered in conjunction with a
					 local MS4 management program, if applicable, and that shall include the
					 following:
1. Ordinances, policies, and
					 technical materials consistent with regulations adopted in accordance with the
					 VESMA;
2. Requirements for
					 land-disturbance approvals;
3.
					 Requirements for plan review, inspection, and enforcement consistent with the
					 requirements of the VESMA, including provisions requiring periodic inspections
					 of the installation of stormwater management measures. A VESMP authority may
					 require monitoring and reports from the person responsible for meeting the
					 permit conditions to ensure compliance with the permit and to determine whether
					 the measures required in the permit provide effective stormwater
					 management;
4. Provisions charging
					 each applicant a reasonable fee to defray the cost of program administration
					 for a regulated land-disturbing activity that does not require permit coverage.
					 Such fee may be in addition to any fee charged pursuant to the statewide fee
					 schedule established in accordance with subdivision 9 of §
												62.1-44.15:28 of the Code of
					 Virginia, although payment of fees may be consolidated in order to provide
					 greater convenience and efficiency for those responsible for compliance with
					 the program. A VESMP authority shall hold a public hearing prior to
					 establishing such fees. The fee shall not exceed an amount commensurate with
					 the services rendered, taking into consideration the time, skill, and the VESMP
					 authority's expense involved;
5.
					 Provisions for long-term responsibility for and maintenance of stormwater
					 management control devices and other techniques specified to manage the quality
					 and quantity of runoff; and
6.
					 Provisions for the coordination of the VESMP with flood insurance, flood plain
					 management, and other programs requiring compliance prior to authorizing land
					 disturbance in order to make the submission and approval of plans, issuance of
					 land-disturbance approvals, payment of fees, and coordination of inspection and
					 enforcement activities more convenient and efficient both for the local
					 governments and those responsible for compliance with the programs.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part II - Virginia Erosion and Stormwater Management Program › Article 3 - Programs Operated by a VESMP Authority › Section 9VAC25-875-110 - Plan review requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. A VESMP
					 authority shall review and approve soil erosion control and stormwater
					 management (ESM) plans, except for activities not required to comply with the
					 requirements of the VESMA, pursuant to §
											62.1-44.15:34 of the Code of
					 Virginia. Activities not required to comply with VESMA are defined in
					 9VAC25-875-90.
B. Section
					 62.1-44.15:34 of the Code of
					 Virginia and
					 9VAC25-875-530 state that a person
					 shall not conduct any land-disturbing activity until (i) that person has
					 submitted to the appropriate VESMP authority an application that includes a
					 permit registration statement, if required, a soil erosion control and
					 stormwater management plan or an executed agreement in lieu of a plan, if
					 required; and (ii) the VESMP authority has issued its land-disturbance
					 approval. In addition, as a prerequisite to engaging in an approved
					 land-disturbing activity, the name of the individual who will be assisting the
					 owner in carrying out the activity and holds a Responsible Land Disturber
					 Certificate pursuant to §
											62.1-44.15:30 of the Code of
					 Virginia shall be submitted to the VESMP authority. Any VESMP authority may
					 waive the Responsible Land Disturber Certificate requirement for an agreement
					 in lieu of a plan; however, if a violation occurs during the land-disturbing
					 activity, then the owner shall correct the violation and provide the name of
					 the individual holding a Responsible Land Disturber Certificate as provided by
					 §
											62.1-14:30 of the Code of
					 Virginia. Failure to provide the name of an individual holding a Responsible
					 Land Disturber Certificate prior to engaging in land-disturbing activities may
					 result in revocation of the land-disturbance approval and shall subject the
					 owner to the penalties provided by the VESMA.
C. A VESMP authority shall approve or
					 disapprove an ESM plan according to the following:
1. A VESMP authority shall determine the
					 completeness of any application within 15 days after receipt, and shall act on
					 any application within 60 days after it has been determined to be
					 complete.
2. The VESMP authority
					 shall issue either land-disturbance approval or denial and provide written
					 rationale for any denial.
3. Prior
					 to issuing a land-disturbance approval, a VESMP authority shall be required to
					 obtain evidence of permit coverage when such coverage is required.
4. The VESMP authority shall act on the
					 resubmitted application within 45 days after receipt including determination of
					 completeness within the first 15 days.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part II - Virginia Erosion and Stormwater Management Program › Article 3 - Programs Operated by a VESMP Authority › Section 9VAC25-875-120 - Plan review coordination with the department

Current through Register Vol. 40, No. 24, July 15, 2024
A. A VESCP
					 authority that chooses to become a VESMP authority may opt to coordinate the
					 plan review component of its program with the department through an executed
					 agreement pursuant to §
											62.1-44.15:27B
					 2 of the Code of Virginia. The department may recover the cost of the plan
					 review service from the VESMP authority.
B. A VESMP authority implementing its program
					 in coordination with the department pursuant to §
											62.1-44.15:27B
					 2 of the Code of Virginia shall determine the completeness of any application
					 within 15 days after receipt, and shall:
1.
					 Act on any application within 60 days after it has been determined by the VESMP
					 authority to be complete;
2.
					 Forward a soil erosion control and stormwater management plan to the department
					 for review within five days of receipt. If the plan is incomplete, the
					 department shall return the plan to the locality immediately and the
					 application process shall start over. If the plan is complete, the department
					 shall review the plan for compliance with the water quality and water quantity
					 technical criteria and provide the department's recommendation to the VESMP
					 authority; and
3. Either (i) issue
					 the land-disturbance approval or (ii) issue a denial and provide a written
					 rationale for the denial. In no case shall a locality have more than 60 days
					 for its decision on an application after the application has been determined to
					 be complete. Prior to issuing a land-disturbance approval, a VESMP authority
					 shall be required to obtain evidence of permit coverage when such coverage is
					 required.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part II - Virginia Erosion and Stormwater Management Program › Article 3 - Programs Operated by a VESMP Authority › Section 9VAC25-875-130 - Long-term maintenance of stormwater management facilities

Current through Register Vol. 40, No. 24, July 15, 2024
A. As
					 required in
					 9VAC25-875-535, the operator shall
					 submit a construction record drawing for permanent stormwater management
					 facilities to the VESMP authority. The record drawing shall contain a statement
					 signed by a professional registered in the Commonwealth of Virginia pursuant to
					 Chapter 4 (§
											54.1-400 et seq.) of Title 54.1
					 of the Code of Virginia, stating that to the best of the professional's
					 knowledge, the construction record drawing shows all adjustments and revisions
					 to the stormwater management plan made during construction and serve as a
					 permanent record of the actual location of all constructed elements.
B. The provision of long-term responsibility
					 for and maintenance of stormwater management facilities and other techniques
					 specified to manage the quality or quantity of runoff is required. Such
					 requirements shall be set forth in an instrument recorded in the local land
					 records prior to permit termination or earlier as required by the authority and
					 shall at a minimum:
1. Be submitted to the
					 authority for review and approval prior to the approval of the stormwater
					 management plan;
2. Be stated to
					 run with the land;
3. Provide for
					 all necessary access to the property for purposes of maintenance and regulatory
					 inspections;
4. Provide for
					 inspections and maintenance and the submission of inspection and maintenance
					 reports to the VESCP, VESMP, or VSMP authority; and
5. Be enforceable by all appropriate
					 governmental parties.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part II - Virginia Erosion and Stormwater Management Program › Article 3 - Programs Operated by a VESMP Authority › Section 9VAC25-875-140 - Inspections

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 VESMP authority shall inspect the land-disturbing activity during construction
					 for:
1. Compliance with the approved erosion
					 and sediment control plan;
2.
					 Compliance with the approved stormwater management plan;
3. Development, updating, and implementation
					 of a pollution prevention plan; and
4. Development and implementation of any
					 additional control measures necessary to address a TMDL.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part II - Virginia Erosion and Stormwater Management Program › Article 3 - Programs Operated by a VESMP Authority › Section 9VAC25-875-150 - Enforcement

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
					 locality's VESMP authority shall incorporate components from subdivisions 1 and
					 2 of this subsection into its ordinance.
1.
					 Informal and formal administrative enforcement procedures may include:
a. Right of entry in accordance with §
													62.1-44.15:39 of the Code of
					 Virginia.
b. Verbal warnings and
					 inspection reports;
c. Notices of
					 corrective action;
d. Notices to
					 comply in accordance with §
													62.1-44.15:37 of the Code of
					 Virginia;
e. Stop work orders in
					 accordance with §
													62.1-44.15:37 of the Code of
					 Virginia;
f. Special orders in
					 accordance with §§
													62.1-44.15:25.1 and
					 62.1-44.15:48 of the Code of
					 Virginia;
g. Consent orders in
					 accordance with §§
													62.1-44.15:25.1 and
					 62.1-44.15:48 of the Code of
					 Virginia; and
h. Public notice and
					 comment periods.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part II - Virginia Erosion and Stormwater Management Program › Article 3 - Programs Operated by a VESMP Authority › Section 9VAC25-875-160 - Hearings

Current through Register Vol. 40, No. 24, July 15, 2024
Any permit applicant, permittee, or person subject to
						permit requirements under the VESMA aggrieved by any action of the department
						taken without a formal hearing may demand in writing a formal hearing pursuant
						to §
											62.1-44.25 of the Code of
						Virginia and shall ensure that all hearings held under this chapter shall be
						conducted in a manner consistent with §
											62.1-44.26 of the Code of
						Virginia or as otherwise provided by law. A locality holding hearings under
						this chapter shall do so in a manner consistent with local hearing procedures.
						The provisions of the Administrative Process Act (§
											2.2-4000 et seq. of the Code of
						Virginia) shall not apply to decisions rendered by localities. Appeals of
						decisions rendered by localities shall be conducted in accordance with local
						appeal procedures and shall include an opportunity for judicial review in the
						circuit court of the locality in which the land disturbance occurs or is
						proposed to occur. Unless otherwise provided by law, the circuit court shall
						conduct such review in accordance with the standards established in §
											2.2-4027 of the Code of Virginia,
						and the decisions of the circuit court shall be subject to review by the Court
						of Appeals, as in other cases under this chapter.
Statutory Authority: §
													62.1-44.15:28 of the Code of
						  Virginia; Chapters 68 and 758 of the 2016 Acts of
						  Assembly.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part II - Virginia Erosion and Stormwater Management Program › Article 3 - Programs Operated by a VESMP Authority › Section 9VAC25-875-170 - Variances and exceptions

Current through Register Vol. 40, No. 24, July 15, 2024
A. A VESMP
					 authority may grant variances to waive or modify any of the erosion and
					 sediment control requirements of Article 2 (9VAC25-875-540 et seq.) of Part V
					 (9VAC25-875-470 et seq.) of this
					 chapter that are deemed inappropriate or too restrictive for site conditions
					 may be requested from the VESMP authority under these conditions:
1. At the time of plan submission, an
					 applicant may request a variance to become part of the approved erosion and
					 sediment control plan. The applicant shall explain the reasons for requesting
					 variances in writing. Specific variances which are allowed by the authority
					 shall be documented in the plan.
2.
					 During construction, the person responsible for implementing the approved plan
					 may request a variance in writing from the authority. The authority shall
					 respond in writing either approving or disapproving such a request. If the
					 authority does not approve a variance within 10 days of receipt of the request,
					 the request shall be considered to be disapproved. Following disapproval, the
					 applicant may resubmit a variance request with additional
					 documentation.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part II - Virginia Erosion and Stormwater Management Program › Article 3 - Programs Operated by a VESMP Authority › Section 9VAC25-875-180 - Reports and recordkeeping

Current through Register Vol. 40, No. 24, July 15, 2024
A. On a fiscal
					 year basis (July 1 to June 30), a VESMP authority shall report to the
					 department by October 1 of each year in a format provided by the department.
					 The information to be provided shall include the following:
1. Information, not previously reported to
					 the department through other reporting requirements, on each permanent
					 stormwater management facility completed during the fiscal year to include type
					 of stormwater management facility, geographic coordinates, acres treated, and
					 the surface waters or karst features into which the stormwater management
					 facility will discharge;
2. A
					 listing of each land-disturbing activity for which a plan has been approved by
					 the VESMP authority;
3. Number and
					 type of enforcement actions during the fiscal year; and
4. Number of exceptions granted during the
					 fiscal year.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part II - Virginia Erosion and Stormwater Management Program › Article 4 - Authorization and Review Procedures for VESMPs › Section 9VAC25-875-190 - Review and evaluation of VESMPs

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 department shall review each approved VESMP at least once every five years on a
					 review schedule approved by the department. The department may review a VESMP
					 on a more frequent basis if deemed necessary and shall notify the VESMP
					 authority if such review is scheduled.
B. The review of an approved VESMP shall
					 consist of the following:
1. Consultation
					 with the VESMP administrator or designee;
2. A review of the local ordinances and other
					 applicable documents;
3. A review
					 of a subset of the plans approved by the VESMP authority for consistency of
					 application, including exceptions granted and calculations or other
					 documentation that demonstrates that all erosion and sediment control minimum
					 standards are met and required nutrient reductions are achieved using
					 appropriate onsite and offsite compliance options;
4. Inspections of regulated activities;
					 and
5. A review of enforcement
					 actions and an accounting of amounts recovered through enforcement actions
					 where applicable.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part II - Virginia Erosion and Stormwater Management Program › Article 5 - VSMP Operated by the Department › Section 9VAC25-875-200 - Criteria for a VSMP

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 department shall administer a VSMP on behalf of any locality that notifies the
					 department that the locality has chosen to not administer a VESMP as provided
					 by §
											62.1-44.15:27B
					 3 of the Code of Virginia.
B. Per
					 §
											62.1-44.15:27.1B
					 of the Code of Virginia, the department shall administer a VSMP consistent with
					 the stormwater management requirements defined for a VESMP.
C. The department shall review and approve
					 stormwater management plans by the schedule defined in
					 9VAC25-875-110, except for
					 activities not required to comply with the requirements of the VESMA, pursuant
					 to §
											62.1-44.15:34 of the Code of
					 Virginia and
					 9VAC25-875-90.
D. The director or the director's designee
					 may perform any act of the department provided under the VESMA and this
					 chapter, except as limited by §
											62.1-44.14 of the Code of
					 Virginia.
Statutory Authority: §
													62.1-44.15:28 of the Code of
						  Virginia; Chapters 68 and 758 of the 2016 Acts of
						  Assembly.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part III - Virginia Erosion and Sediment Control Program › Article 1 - Definitions, Purpose, and Applicability › Section 9VAC25-875-210 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
For the purposes of this part only, the following words
						and terms have the following meanings unless the context clearly indicates
						otherwise:
"Act" means the Erosion and Sediment Control Law for
						Localities Not Administering a Virginia Erosion and Stormwater Management
						Program (ESCL), Article 2.4 (§
											62.1-44.15:51 et seq.) of
						Chapter 3.1 of Title 62.1 of the Code of Virginia.
"Agreement in lieu of a plan" means a contract between
						the VESCP authority and the owner that specifies conservation measures that
						must be implemented in the construction of a (i) single-family detached
						residential structure or (ii) farm building or structure on a parcel of land
						with a total impervious cover percentage, including the impervious cover from
						the farm building or structure to be constructed, of less than 5.0%; this
						contract may be executed by the VESCP authority in lieu of a formal site
						plan.
"Applicant" means any person submitting an erosion and
						sediment control plan for approval in order to obtain authorization for
						land-disturbing activities to commence.
"Development" means a tract or parcel of land developed
						or to be developed as a single unit under single ownership or unified control
						that is to be used for any business or industrial purpose or is to contain
						three or more residential dwelling units.
"Land disturbance" or "land-disturbing activity" means
						any manmade change to the land surface that may result in soil erosion or has
						the potential to change its runoff characteristics, including the clearing,
						grading, excavating, transporting, and filling of land.
"Owner" means the same as provided in §
											62.1-44.3 of the Code of
						Virginia. For a land-disturbing activity that is regulated under the ESCL,
						"owner" also includes the owner of the freehold of the premises or lesser
						estate therein, mortgagee or vendee in possession, assignee of rents, receiver,
						executor, trustee, lessee, or other person, firm, or corporation in control of
						a property.
Statutory Authority: §
													62.1-44.15:28 of the Code of
						  Virginia; Chapters 68 and 758 of the 2016 Acts of
						  Assembly.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part III - Virginia Erosion and Sediment Control Program › Article 1 - Definitions, Purpose, and Applicability › Section 9VAC25-875-220 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this part is to provide the framework for
						the administration, implementation, and enforcement of the Virginia Erosion and
						Sediment Control Law for Localities Not Administering a Virginia Erosion and
						Stormwater Management Program (ESCL). This part delineates the roles associated
						with a VESCP. This part also establishes the department's procedures for
						approving the administration of a VESCP authority and includes the department's
						oversight authority over a VESCP.
Statutory Authority: §
													62.1-44.15:28 of the Code of
						  Virginia; Chapters 68 and 758 of the 2016 Acts of
						  Assembly.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part III - Virginia Erosion and Sediment Control Program › Article 1 - Definitions, Purpose, and Applicability › Section 9VAC25-875-230 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
This part is applicable to:
1. Any local government that administers a
					 VESCP;
2. The department that
					 administers a VESCP; and
3. The
					 department in its administrative oversight of VESCPs.
Statutory Authority: §
													62.1-44.15:28 of the Code of
						  Virginia; Chapters 68 and 758 of the 2016 Acts of
						  Assembly.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part III - Virginia Erosion and Sediment Control Program › Article 2 - Land-Disturbing Activities › Section 9VAC25-875-240 - Criteria for determining status of land-disturbing activity

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 program administrator shall determine the validity of a claim of exempt status
					 by a property owner who disturbs 10,000 square feet or more or 2,500 square
					 feet or more in all areas of jurisdictions designated as subject to the
					 Chesapeake Bay Preservation Area Designation and Management Regulations
					 (9VAC25-830). As soon as a nonexempt status is determined, the requirements of
					 the ESCL shall be immediately enforced.
B. Should a land-disturbing activity not
					 begin during the 180-day period following approval of the erosion and sediment
					 control plan or cease for more than 180 days, the VESCP authority may evaluate
					 the existing approved erosion and sediment control plan to determine whether
					 the plan still satisfies local and state erosion and sediment control criteria
					 and to verify that all design factors are still valid. If the VESCP authority
					 finds the previously filed plan to be inadequate, a modified plan shall be
					 submitted and approved prior to the resumption of land-disturbing
					 activity.
C. Shoreline erosion
					 control projects are not subject to Part V (9VAC25-875-470 et seq.) of this
					 chapter. However, land-disturbing activity immediately outside the limits of
					 the shoreline erosion project is subject to the ESCL and Part V of this
					 chapter.
D. Whenever
					 land-disturbing activity involves activity at a separate location, including
					 borrow and disposal areas, the VESCP authority may either:
1. Consider the offsite activity as being
					 part of the proposed land-disturbing activity; or
2. If the offsite activity is already covered
					 by an approved erosion and sediment control plan, the VESCP authority may
					 require the applicant to provide proof of the approval and to certify that the
					 plan will be implemented in accordance with the ESCL and Part V of this
					 chapter.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part III - Virginia Erosion and Sediment Control Program › Article 2 - Land-Disturbing Activities › Section 9VAC25-875-250 - Regulated land-disturbing activities

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Land-disturbing activities that meet one of the criteria in this subsection are
					 regulated as follows:
1. Land-disturbing
					 activity that disturbs 10,000 square feet or more, although the locality may
					 reduce this regulatory threshold to a smaller area of disturbed land, is less
					 than one acre, not in an area of a locality designated as a Chesapeake Bay
					 Preservation Area is subject to criteria defined in Article 2 (9VAC25-875-540 et seq.) of Part V
					 (9VAC25-875-470 et seq.) of this
					 chapter.
2. Land-disturbing
					 activity that disturbs 2,500 square feet or more, although the locality may
					 reduce this regulatory threshold to a smaller area of disturbed land, is less
					 than one acre, and in an area of a locality designated as a Chesapeake Bay
					 Preservation Area is subject to criteria defined in Article 2 of Part V of this
					 chapter.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part III - Virginia Erosion and Sediment Control Program › Article 2 - Land-Disturbing Activities › Section 9VAC25-875-260 - Land-disturbing activities in Chesapeake Bay Preservation Areas

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Localities subject to the Chesapeake Bay Preservation Act shall regulate runoff
					 associated with land-disturbing activities in a Chesapeake Bay Preservation
					 Area equal to or greater than 2,500 square feet but less than one acre in
					 accordance with the following:
1. The
					 technical criteria and program and administrative requirements set out in
					 9VAC25-875-740;
2. A local land disturbance approval, as
					 applicable, shall be provided for the land-disturbing activity;
3. The locality shall regulate such
					 land-disturbing activities in compliance with the:
a. Program requirements in
					 9VAC25-875-100;
b. Plan review requirements in
					 9VAC25-875-110 with the exception
					 of subsection D of
					 9VAC25-875-110 or as allowed in
					 subsection A of
					 9VAC25-875-750;
c. Long-term stormwater management facility
					 requirements of
					 9VAC25-875-130;
d. Inspection requirements of
					 9VAC25-875-140 with the exception
					 of subdivisions A 3 and A 4 of
					 9VAC25-875-140;
e. Enforcement components of
					 9VAC25-875-150;
f. Hearing procedures in effect in the
					 locality;
g. Exception conditions
					 of 9VAC25-875-170, excluding
					 subsection A of
					 9VAC25-875-170, which is not
					 applicable; and
h. Reporting and
					 recordkeeping requirements of
					 9VAC25-875-180 with the exception
					 of subdivision B 3 of
					 9VAC25-875-180.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part III - Virginia Erosion and Sediment Control Program › Article 2 - Land-Disturbing Activities › Section 9VAC25-875-270 - State agency land-disturbing activities

Current through Register Vol. 40, No. 24, July 15, 2024
A. All state
					 agency land-disturbing activities that are not exempt and that have commenced
					 without an approved erosion and sediment control plan shall immediately cease
					 until the state agency has either (i) submitted standards and specifications
					 for its conduct of land-disturbing activities that has been reviewed and
					 approved by the department as being consistent with the ESCL and attendant
					 regulations, or (ii) an erosion and sediment control plan has been submitted to
					 and approved by the department. A formal "Notice of Plan Requirement" will be
					 sent to the state agency under whose purview the project lies since that agency
					 is responsible for compliance with the ESCL and this chapter.
B. Where inspections by department personnel
					 reveal deficiencies in carrying out an approved plan, the person responsible
					 for carrying out the plan, as well as the state agency responsible, will be
					 issued a notice to comply with specific actions and the deadlines that shall be
					 met. Failure to meet the prescribed deadlines can result in the issuance of a
					 stop work order for all land-disturbing activities on the project at the
					 discretion of the department. The stop work order will be lifted once the
					 required erosion and sediment control measures are in place and inspected by
					 department staff.
C. Whenever the
					 Commonwealth or any of its agencies fails to comply within the time provided in
					 an appropriate final order, the director of the department may petition for
					 compliance as follows: For violations in the Natural and Historic Resources
					 Secretariat, to the Secretary of Natural and Historic Resources; for violations
					 in other secretariats, to the appropriate secretary; for violations in other
					 state agencies, to the head of such agency. Where the petition does not achieve
					 timely compliance, the director shall bring the matter to the Governor for
					 resolution. The department may also pursue enforcement as provided by §
											62.1-44.15:63 of the Code of
					 Virginia.
D. Where compliance will
					 require the appropriation of funds, the director shall cooperate with the
					 appropriate agency head in seeking such an appropriation; where the director
					 determines that an emergency exists, the director shall petition the Governor
					 for funds from the Civil Contingency Fund or other appropriate
					 source.
Statutory Authority: §
													62.1-44.15:28 of the Code of
						  Virginia; Chapters 68 and 758 of the 2016 Acts of
						  Assembly.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part III - Virginia Erosion and Sediment Control Program › Article 3 - Programs Operated by a VESCP Authority › Section 9VAC25-875-300 - Plan review requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The VESCP
					 authority shall review erosion and sediment control plans that detail the
					 criteria, techniques, and methods as defined in
					 9VAC25-875-550 for land-disturbing
					 activities described in
					 9VAC25-875-560. Activities not
					 required to comply with VESCL are defined in
					 9VAC25-875-280.
B. When determined that the plan meets the
					 minimum criteria, techniques, and methods as defined in
					 9VAC25-875-550, the VESCP authority
					 shall review erosion and sediment control plans submitted and grant written
					 approval within 60 days of the receipt of the plan.
C. When the VESCP authority determines a plan
					 is inadequate, written notice stating the specific reasons for disapproval
					 shall be communicated to the applicant within 45 days. The notice shall specify
					 the modifications, terms, and conditions that are necessary for approval of the
					 plan. If no action is taken by the VESCP authority within 45 days, the plan
					 shall be deemed approved and the proposed activity authorized. The VESCP
					 authority shall act on any erosion and sediment control plan that has been
					 previously deemed inadequate within 45 days after receipt of a revised plan if
					 deemed adequate.
D. For sites
					 requiring coverage under the General VPDES Permit for Discharges of Stormwater
					 from Construction Activities, the VESCP authority shall obtain evidence of such
					 coverage prior to approving the erosion and sediment control plan.
E. The person responsible for carrying out
					 the plan shall provide the name of an individual holding a certificate to the
					 VESCP authority who will be in charge of and responsible for carrying out the
					 land-disturbing activity. However, the VESCP authority may waive the
					 Responsible Land Disturber Certificate requirement for an agreement in lieu of
					 a plan in accordance with §
											62.1-44.15:55 of the Code of
					 Virginia.
F. The VESCP authority
					 may require approval of an erosion and sediment control plan for any land
					 identified as an erosion impact area in accordance with §
											62.1-44.15.55 of the Code of
					 Virginia.
G. All erosion and
					 sediment control structures and systems shall be maintained, inspected, and
					 repaired as needed to ensure continued performance of their intended function.
					 A statement describing the maintenance responsibilities of the individual
					 responsible for carrying out the land-disturbing activity shall be included in
					 the approved erosion and sediment control plan.
Statutory Authority: §
													62.1-44.15:28 of the Code of
						  Virginia; Chapters 68 and 758 of the 2016 Acts of
						  Assembly.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part III - Virginia Erosion and Sediment Control Program › Article 3 - Programs Operated by a VESCP Authority › Section 9VAC25-875-310 - Plan review coordination with the department for solar projects

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any
					 VESCP authority that does not operate a regulated municipal separate storm
					 sewer system and for which the department did not administer a Virginia
					 Stormwater Management Program as of July 1, 2020, shall notify the department
					 if it decides to have the department provide the VESCP authority with (i)
					 review of the erosion and sediment control plan required by §
											62.1-44.15:55A
					 of the Code of Virginia and (ii) a recommendation on the plan's compliance with
					 the requirements of Part V (9VAC25-875-470 et
					 seq.) of this chapter for any solar project and its associated infrastructure
					 with a rated electrical generation capacity exceeding five megawatts.
B. Any VESCP authority that notifies the
					 department pursuant to this section shall within five days of receiving the
					 erosion and sediment control plan forward the plan to the department for
					 review. If the plan forwarded to the department is incomplete, the department
					 shall return the plan to the VESCP authority immediately, and the application
					 process shall start over. If the plan forwarded to the department is complete,
					 the department shall review the plan for compliance with the requirements of
					 Part V of this chapter and provide a recommendation to the VESCP authority. The
					 VESCP authority shall then (i) grant written approval of the plan or (ii)
					 provide written notice of disapproval of the plan in accordance with §
											62.1-44.15:55B
					 of the Code of Virginia.
C. Any
					 VESCP authority that notifies the department pursuant to this section shall
					 within five days of receiving the resubmittal of a previously disapproved
					 erosion and sediment control plan forward the resubmitted plan to the
					 department for review. The department shall review the resubmitted plan for
					 compliance with the requirements of Part V of this chapter and provide a
					 recommendation to the VESCP authority. The VESCP authority shall then (i) grant
					 written approval of the plan or (ii) provide written notice of disapproval of
					 the plan in accordance with §
											62.1-44.15:55B
					 of the Code of Virginia.
Statutory Authority: §
													62.1-44.15:28 of the Code of
						  Virginia; Chapters 68 and 758 of the 2016 Acts of
						  Assembly.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part III - Virginia Erosion and Sediment Control Program › Article 3 - Programs Operated by a VESCP Authority › Section 9VAC25-875-320 - Long-term maintenance of stormwater management facilities

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
					 recorded instrument shall be submitted to the VESCP authority in accordance
					 with 9VAC25-875-535.
B. The department shall enforce permits and
					 require compliance with its applicable regulations, including when serving as a
					 VSMP authority in a locality that chose not to adopt a VESMP in accordance with
					 §
											62.1-44.15:27 of the Code of
					 Virginia.
Statutory Authority: §
													62.1-44.15:28 of the Code of
						  Virginia; Chapters 68 and 758 of the 2016 Acts of
						  Assembly.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part III - Virginia Erosion and Sediment Control Program › Article 3 - Programs Operated by a VESCP Authority › Section 9VAC25-875-330 - Inspections

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 VESCP authority (i) shall provide for periodic inspections of the
					 land-disturbing activity and require that an individual holding a certificate,
					 as provided by §
											62.1-44.15:52 of the Code of
					 Virginia, will be in charge of and responsible for carrying out the
					 land-disturbing activity and (ii) may require monitoring and reporting from the
					 person responsible for carrying out the erosion and sediment control plan, to
					 ensure compliance with the approved plan and to determine whether the measures
					 required in the plan are effective in controlling erosion and sediment.
					 However, any VESCP authority may waive the certificate requirement for an
					 agreement in lieu of a plan.
B.
					 Periodic inspections by the VESCP authority are required on all projects. The
					 VESCP authority shall either:
1. Provide for
					 an inspection during or immediately following initial installation of erosion
					 and sediment controls, at least once in every two-week period, within 48 hours
					 following any runoff producing storm event, and at the completion of the
					 project prior to the release of any performance bonds; or
2. Establish an alternative inspection
					 program that ensures compliance with the approved erosion and sediment control
					 plan. Any alternative inspection program shall be:
a. Approved by the department prior to
					 implementation;
b. Established in
					 writing;
c. Based on a system of
					 priorities that, at a minimum, address the amount of disturbed project area,
					 site conditions, and stage of construction; and
d. Documented by inspection
					 records.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part III - Virginia Erosion and Sediment Control Program › Article 3 - Programs Operated by a VESCP Authority › Section 9VAC25-875-340 - Enforcement

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each
					 VESCP authority shall incorporate components from subdivisions 1 and 2 of this
					 subsection.
1. Informal and formal
					 administrative enforcement procedures may include:
a. Right of entry in accordance §
													62.1-44.15:60 of the Code of
					 Virginia.
b. Verbal warnings and
					 inspection reports;
c. Notices of
					 corrective action;
d. Notices to
					 comply in accordance with §
													62.1-44.15:58 of the Code of
					 Virginia;
e. Consent special orders
					 and civil charges in accordance §
													62.1-44.15:63 of the Code of
					 Virginia;
f. Stop work orders in
					 accordance with of §
													62.1-44.15:58 of the Code of
					 Virginia; and
g. Public notice and
					 comment periods for proposed settlements and consent special orders.