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 III - Virginia Erosion and Sediment Control Program › Article 3 - Programs Operated by a VESCP Authority › Section 9VAC25-875-350 - Variances

Current through Register Vol. 40, No. 24, July 15, 2024
A variance to waive or modify any of the erosion and
						sediment control requirements of Article 2 (9VAC25-874-540 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 VESCP 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; or
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.
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 9VAC25-875-360 - VESCP reporting and record keeping requirements

Current through Register Vol. 40, No. 24, July 15, 2024
Each VESCP authority shall report to the department, at
						least monthly, in a method such as an online reporting system and on a time
						schedule established by the department, a listing of each land-disturbing
						activity for which a plan has been approved by the VESCP authority under the
						ESCL and this part.
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 4 - Review Procedures for VESCPs › Section 9VAC25-875-370 - Review and evaluation of VESCPs

Current through Register Vol. 40, No. 24, July 15, 2024
A. This section
					 sets forth the criteria that will be used by the department to determine
					 whether a locality operating a VESCP under authority of the ESCL, a "VESCP
					 authority," satisfies minimum standards of effectiveness, as follows.
Each VESCP must contain an ordinance or other appropriate
						document adopted by the VESCP authority. Such document must be consistent with
						the ESCL and Part III (9VAC25-875-210 et
						seq.) of this chapter, including the following criteria:
1. The document shall include or reference
					 the definition of land-disturbing activity, including exemptions as well as any
					 other significant terms, as necessary to produce an effective VESCP;
2. The document shall identify the VESCP
					 authority and any soil and water conservation district, adjacent locality, or
					 other public or private entities that the VESCP authority entered into
					 agreements or contracts with to assist with carrying out the provisions of the
					 ESCL and Part III of this chapter and must include the requirements and design
					 standards to be used in the program;
3. The document shall include procedures for
					 submission and approval of plans, issuance of permits, monitoring and
					 inspections of land-disturbing activities. The position, agency, department, or
					 other party responsible for conducting inspections shall be identified. The
					 VESCP authority shall maintain, either onsite or in VESCP files, a copy of the
					 approved plan and a record of inspections for each active land-disturbing
					 activity;
4. Each VESCP operated by
					 a county, city, or town shall include provisions for the integration of the
					 VESCP with flood insurance, flood plain management, and other programs
					 requiring compliance prior to authorizing a land-disturbing activity in order
					 to make the submission and approval of plans, 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;
					 and
5. The VESCP authority must
					 take appropriate enforcement actions, where authorized to do so, to achieve
					 compliance with the program and maintain a record of enforcement actions for
					 all active land-disturbing activities.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part IV - Certification of VESCP, VSMP, and VESMP Personnel › Section 9VAC25-875-380 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this part is to guide the issuance of
					 certifications required by §§
										62.1-44.15:52E
					 and 62.1-44.15:53 of the Code of
					 Virginia (ESCL) and §
										62.1-44.15:30 of the Code of
					 Virginia (VESMA).
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 IV - Certification of VESCP, VSMP, and VESMP Personnel › Section 9VAC25-875-390 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
This part is applicable to:
1. Every VESCP authority, VESMP authority, or
				  VSMP authority that administers a VESCP, VESMP, or VSMP as may be applicable.
				  Staff of a VESCP authority must be certified in accordance with §§
				  62.1--44.15:52 E and 62.1-44.15:53 of the ESCL. Staff of a VESMP authority or
				  VSMP authority must be certified in accordance with §
										62.1-44.15:30 of the
				  VESMA.
2. Anyone who is contracted
				  by a VESCP authority, a VESMP authority, or a VSMP authority to perform any or
				  all of the functions of that authority as may be applicable. This person will
				  be subject to the same certification requirements as the authority.
3. Any state agency, federal entity, or
				  public or private entity authorized under §
										62.1-44.15:31 of the Code of
				  Virginia to implement approved standards and specifications. Personnel
				  implementing approved standards and specifications pursuant to subsection D.5
				  of §
										62.1-44.15:31 of the Code of
				  Virginia must obtain certifications or qualifications comparable to those
				  required for VESMP personnel pursuant to subsection C of §
										62.1-44.15:30 of the Code of
				  Virginia.
4. Anyone voluntarily
				  seeking certifications or certificates from the department for classifications
				  described in
				  9VAC25-875-400.
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 IV - Certification of VESCP, VSMP, and VESMP Personnel › Section 9VAC25-875-410 - Eligibility requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Certification
				  may be achieved by:
1. Obtaining a total of
				  800 hours of experience as an ESC, SWM, or a dual program administrator, plan
				  reviewer, inspector, or combined administrator and obtaining a passing score on
				  the certification examination administered by the department in the applicable
				  ESC or SWM area; or both ESC and SWM for the dual certification; or
2. Completing a department-approved training
				  program in the classifications of program administrator, plan reviewer,
				  inspector, or combined administrator and, within one year of completing the
				  training program, obtain a passing score on the certification examination
				  administered by the department in the applicable ESC or SWM area, or both ESC
				  and SWM for the dual certification.
a.
				  Combined administrators must complete the training program for program
				  administrator, inspector, and plan reviewer within the applicable area of ESC
				  or SWM.
b. Dual combined
				  administrators must complete the training program for program administrator,
				  inspector, and plan reviewer within both areas of ESC and SWM.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part IV - Certification of VESCP, VSMP, and VESMP Personnel › Section 9VAC25-875-420 - Classification acknowledgment for the purposes of program compliance reviews

Current through Register Vol. 40, No. 24, July 15, 2024
For the purposes of VESCP or VESMP compliance reviews and
					 evaluations, the certification requirements of §§
										62.1-44.15:53 and
					 62.1-44.15:30 of the Code of
					 Virginia shall be deemed to have been met if the VESCP or VESMP authority has
					 an individual enrolled in the department's ESC or SWM training programs set
					 forth in 9VAC25-875-410 A 2 a and A 2 b for
					 the necessary classifications and such individual obtains certification within
					 one year of completing the necessary training programs.
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 IV - Certification of VESCP, VSMP, and VESMP Personnel › Section 9VAC25-875-430 - Certification program fees

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Certification, recertification, dual certification, and RLD Certificate
				  issuance and reissuance fees shall be collected to cover the administrative
				  cost for the certification program.
B. A fee will also be charged to present
				  education and training programs that support the certification
				  program.
C. Fees are nonrefundable,
				  except as authorized by the department and shall not be prorated.
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 IV - Certification of VESCP, VSMP, and VESMP Personnel › Section 9VAC25-875-440 - Examination

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
				  department-approved examination shall be administered by the
				  department.
B. An applicant may
				  take the certification examination for the desired certification after
				  fulfilling the prerequisite experience requirement or completing a
				  department-approved training program.
C. An applicant who is unsuccessful in
				  passing an examination will be allowed to pay the appropriate fee and retake
				  the appropriate examination.
D. A
				  minimum passing score of 70% will be required on the appropriate certification
				  examination.
E. All applicants will
				  be notified of the results within 60 days of the examination.
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 IV - Certification of VESCP, VSMP, and VESMP Personnel › Section 9VAC25-875-450 - Reserved

Current through Register Vol. 40, No. 24, July 15, 2024
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 IV - Certification of VESCP, VSMP, and VESMP Personnel › Section 9VAC25-875-460 - Discipline for certified personnel

Current through Register Vol. 40, No. 24, July 15, 2024
The department may suspend, revoke, or refuse to grant or
					 renew the certification or certificate of any individual if the department, in
					 an informal fact finding under §
										2.2-4019 of the Code of Virginia,
					 finds that:
1. The certification or
				  certificate was obtained or renewed through fraud or
				  misrepresentation;
2. The
				  individual who holds a certification or certificate has violated or cooperated
				  with others in violating any provision of this part;
3. The individual who holds a certification
				  or certificate has not demonstrated reasonable care, judgment, or application
				  of knowledge and ability in the performance of duties; or
4. The individual who holds a certification
				  or certificate has made any material misrepresentation in the course of
				  performing duties.
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 V - Criteria and Requirements for Regulated Land-Disturbing Activities › Article 1 - Administrative Criteria › Section 9VAC25-875-470 - Applicability

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 a 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 this
					 part of this chapter.
2.
					 Land-disturbing activity that disturbs 2,500 square feet or more, although a
					 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 this part unless Article 4 (9VAC25-875-670 et seq.) of this
					 part 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 this
					 part 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 this part unless Article 4 of this part 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 this
					 part unless Article 4 of this part 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 V - Criteria and Requirements for Regulated Land-Disturbing Activities › Article 1 - Administrative Criteria › Section 9VAC25-875-480 - Applicability of other laws and regulations; time limits on applicability of approved design criteria

Current through Register Vol. 40, No. 24, July 15, 2024
A. Nothing in
					 this chapter shall be construed as limiting the applicability of other laws and
					 regulations, including, the Clean Water Act, VESMA, ESCL, and the Chesapeake
					 Bay Preservation Act, and all applicable regulations adopted in accordance with
					 those laws, or the rights of other federal agencies, state agencies, or local
					 governments to impose more stringent technical criteria or other requirements
					 as allowed by law.
B.
					 Land-disturbing activities that obtain an initial permit or commence land
					 disturbance prior to July 1, 2014, shall be conducted in accordance with the
					 technical criteria of Article 4 (9VAC25-875-670 et
					 seq.) of this part. Such projects shall remain subject to the technical
					 criteria of Article 4 of this part for two additional permit cycles. After such
					 time, portions of the project not under construction shall become subject to
					 any new technical criteria adopted by the board.
C. Land-disturbing activities that obtain an
					 initial permit on or after July 1, 2014, shall be conducted in accordance with
					 the technical criteria of Article 3 (9VAC25-875-570 et seq.) of this
					 part, except as provided for in
					 9VAC25-875-490. Land-disturbing
					 activities conducted in accordance with the technical criteria of Article 3 of
					 this part shall remain subject to the technical criteria of Article 3 of this
					 part for two additional permit cycles. After such time, portions of the project
					 not under construction shall become subject to any new technical criteria
					 adopted by the board.
D. Nothing in
					 this section shall preclude an operator from constructing to a more stringent
					 standard at the operator's discretion.
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 V - Criteria and Requirements for Regulated Land-Disturbing Activities › Article 1 - Administrative Criteria › Section 9VAC25-875-490 - Grandfathering

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any
					 land-disturbing activity shall be considered grandfathered by the VESMP
					 authority and shall be subject to the technical criteria of Article 4
					 (9VAC25-875-670 et seq.) of this
					 part provided:
1. A proffered or conditional
					 zoning plan, zoning with a plan of development, preliminary or final
					 subdivision plat, preliminary or final site plan, or any document determined by
					 the locality to be equivalent thereto (i) was approved by the locality prior to
					 July 1, 2012; (ii) provided a layout as defined in
					 9VAC25-875-670; (iii) will comply
					 with the technical criteria of Article 4 of this part; and (iv) has not been
					 subsequently modified or amended in a manner resulting in an increase in the
					 amount of phosphorus leaving each point of discharge and such that there is no
					 increase in the volume or rate of runoff;
2. A permit has not been issued prior to July
					 1, 2014; and
3. Land disturbance
					 did not commence prior to July 1, 2014.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part V - Criteria and Requirements for Regulated Land-Disturbing Activities › Article 1 - Administrative Criteria › Section 9VAC25-875-510 - Stormwater management plan requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. A stormwater
					 management plan shall be developed and submitted to the VESMP authority or the
					 department as the VSMP authority. The stormwater management plan shall be
					 implemented as approved or modified by the VESMP authority or department and
					 shall be developed in accordance with the following:
1. A stormwater management plan for a
					 land-disturbing activity shall apply the stormwater management technical
					 criteria set forth in this part to the entire land-disturbing activity.
					 Individual lots in new residential, commercial, or industrial developments,
					 including those developed under subsequent owners, shall not be considered
					 separate land-disturbing activities.
2. A stormwater management plan shall
					 consider all sources of surface runoff and all sources of subsurface and
					 groundwater flows converted to surface runoff.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part V - Criteria and Requirements for Regulated Land-Disturbing Activities › Article 1 - Administrative Criteria › Section 9VAC25-875-520 - Pollution prevention plans

Current through Register Vol. 40, No. 24, July 15, 2024
A. A plan for
					 implementing pollution prevention measures during construction activities shall
					 be developed, implemented, and updated as necessary. The pollution prevention
					 plan shall detail the design, installation, implementation, and maintenance of
					 effective pollution prevention measures as specified in
					 40 CFR
					 450.21(d) to minimize the
					 discharge of pollutants. At a minimum, such measures must be designed,
					 installed, implemented, and maintained to:
1.
					 Minimize the discharge of pollutants from equipment and vehicle washing, wheel
					 wash water, and other wash waters. Wash waters must be treated in a sediment
					 basin or alternative control that provides equivalent or better treatment prior
					 to discharge;
2. Minimize the
					 exposure of building materials, building products, construction wastes, trash,
					 landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary
					 waste, and other materials present on the site to precipitation and to
					 stormwater; and
3. Minimize the
					 discharge of pollutants from spills and leaks and implement chemical spill and
					 leak prevention and response procedures.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part V - Criteria and Requirements for Regulated Land-Disturbing Activities › Article 1 - Administrative Criteria › Section 9VAC25-875-535 - Long-term maintenance of stormwater management facilities

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 operator shall submit a construction record drawing for permanent stormwater
					 management facilities to the VESMP or VSMP authority based on the locality
					 where the land-disturbing activity will occur. 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, VSMP, or VESMP 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 V - Criteria and Requirements for Regulated Land-Disturbing Activities › Article 2 - Soil Erosion Requirements › Section 9VAC25-875-540 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A. This
					 article sets forth minimum standards for the effective control of soil erosion,
					 sediment deposition, and nonagricultural runoff.
B. In accordance with Item 360 I1 of Chapter
					 3 of the 2012 Acts of Assembly, Special Session I, public institutions of
					 higher education, including community colleges, colleges, and universities,
					 shall be subject to project review and compliance for state erosion and
					 sediment control requirements by the VESCP or VESMP authority of the locality
					 within which the land-disturbing activity is located, unless such institution
					 submits standards and specifications to the department in accordance with
					 §
											62.1-44.15:31 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 V - Criteria and Requirements for Regulated Land-Disturbing Activities › Article 2 - Soil Erosion Requirements › Section 9VAC25-875-550 - Erosion and sediment control plan requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. An erosion
					 and sediment control plan shall be filed for a development and the buildings
					 constructed within, regardless of the phasing of construction. The erosion and
					 sediment control plan shall contain all major conservation decisions to ensure
					 that the entire unit of land will be so treated to achieve the conservation
					 objectives in
					 9VAC25-875-560. The erosion and
					 sediment control plan may include:
1.
					 Appropriate maps;
2. An appropriate
					 soil and water plan inventory and management information with needed
					 interpretations; and
3. A record of
					 decisions contributing to conservation treatment.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part V - Criteria and Requirements for Regulated Land-Disturbing Activities › Article 2 - Soil Erosion Requirements › Section 9VAC25-875-560 - Erosion and sediment control criteria, techniques, and methods: minimum standards

Current through Register Vol. 40, No. 24, July 15, 2024
An erosion and sediment control plan consistent with the
						following criteria, techniques, and methods shall be submitted to the VESMP
						authority or VESCP authority for review and approval:
1. Permanent or temporary soil stabilization
					 shall be applied to denuded areas within seven days after final grade is
					 reached on any portion of the site. Temporary soil stabilization shall be
					 applied within seven days to denuded areas that may not be at final grade but
					 will remain dormant for longer than 14 days. Permanent stabilization shall be
					 applied to areas that are to be left dormant for more than one year.
2. During construction of the project, soil
					 stockpiles and borrow areas shall be stabilized or protected with sediment
					 trapping measures. The applicant is responsible for the temporary protection
					 and permanent stabilization of all soil stockpiles on site as well as borrow
					 areas and soil intentionally transported from the project site.
3. A permanent vegetative cover shall be
					 established on denuded areas not otherwise permanently stabilized. Permanent
					 vegetation shall not be considered established until a ground cover is achieved
					 that is uniform, is mature enough to survive, and will inhibit
					 erosion.
4. Sediment basins and
					 traps, perimeter dikes, sediment barriers, and other measures intended to trap
					 sediment shall be constructed as a first step in any land-disturbing activity
					 and shall be made functional before upslope land disturbance takes
					 place.
5. Stabilization measures
					 shall be applied to earthen structures such as dams, dikes, and diversions
					 immediately after installation.
6.
					 Sediment traps and sediment basins shall be designed and constructed based upon
					 the total drainage area to be served by the trap or basin.
a. The minimum storage capacity of a sediment
					 trap shall be 134 cubic yards per acre of drainage area and the trap shall only
					 control drainage areas less than three acres.
b. Surface runoff from disturbed areas that
					 is comprised of flow from drainage areas greater than or equal to three acres
					 shall be controlled by a sediment basin. The minimum storage capacity of a
					 sediment basin shall be 134 cubic yards per acre of drainage area. The outfall
					 system shall, at a minimum, maintain the structural integrity of the basin
					 during a 25-year storm of 24-hour duration. Runoff coefficients used in runoff
					 calculations shall correspond to a bare earth condition or those conditions
					 expected to exist while the sediment basin is utilized.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part V - Criteria and Requirements for Regulated Land-Disturbing Activities › Article 3 - Water Quantity and Water Quality Technical Criteria › Section 9VAC25-875-570 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
In accordance with the board's authority and except as
						provided in
						9VAC25-875-490, this article
						establishes the minimum technical criteria that shall be employed to protect
						the quality and quantity of state waters from the potential harm of unmanaged
						stormwater runoff resulting from land-disturbing activities.
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 V - Criteria and Requirements for Regulated Land-Disturbing Activities › Article 3 - Water Quantity and Water Quality Technical Criteria › Section 9VAC25-875-580 - Water quality design criteria requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. In order to
					 protect the quality of state waters and to control the discharge of stormwater
					 pollutants from regulated activities, the following minimum design criteria and
					 statewide standards for stormwater management shall be applied to the site.
1. New development. The total phosphorus load
					 of new development projects shall not exceed 0.41 pounds per acre per year, as
					 calculated pursuant to
					 9VAC25-875-590.
2. Development on prior developed lands.
a. For land-disturbing activities disturbing
					 greater than or equal to one acre that result in no net increase in impervious
					 cover from the predevelopment condition, the total phosphorus load shall be
					 reduced at least 20% below the predevelopment total phosphorus load.
b. For regulated land-disturbing activities
					 disturbing less than one acre that result in no net increase in impervious
					 cover from the predevelopment condition, the total phosphorus load shall be
					 reduced at least 10% below the predevelopment total phosphorus load.
c. For land-disturbing activities that result
					 in a net increase in impervious cover over the predevelopment condition, the
					 design criteria for new development shall be applied to the increased
					 impervious area. Depending on the area of disturbance, the criteria of
					 subdivision 2 a or 2 b of this subsection shall be applied to the remainder of
					 the site.
d. In lieu of subdivision
					 2 c of this subsection, the total phosphorus load of a linear development
					 project occurring on prior developed lands shall be reduced 20% below the
					 predevelopment total phosphorus load.
e. The total phosphorus load shall not be
					 required to be reduced to below the applicable standard for new development
					 unless a more stringent standard has been established by a locality.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part V - Criteria and Requirements for Regulated Land-Disturbing Activities › Article 3 - Water Quantity and Water Quality Technical Criteria › Section 9VAC25-875-590 - Water quality compliance

Current through Register Vol. 40, No. 24, July 15, 2024
A. Compliance
					 with the water quality design criteria set out in subdivisions A 1 and A 2 of
					 9VAC25-875-580 shall be determined
					 by utilizing the Virginia Runoff Reduction Method or another equivalent
					 methodology that is approved by the department.
B. The BMPs listed in this subsection are
					 approved for use as necessary to effectively reduce the phosphorus load and
					 runoff volume in accordance with the Virginia Runoff Reduction Method. Other
					 approved BMPs found through the Virginia Stormwater BMP Clearinghouse may also
					 be utilized. Design specifications and the pollutant removal efficiencies for
					 all approved BMPs are found through the Virginia Stormwater BMP Clearinghouse.
1. Vegetated Roof (Version 2.3, March 1,
					 2011);
2. Rooftop Disconnection
					 (Version 1.9, March 1, 2011);
3.
					 Rainwater Harvesting (Version 1.9.5, March 1, 2011);
4. Soil Amendments (Version 1.8, March 1,
					 2011);
5. Permeable Pavement
					 (Version 1.8, March 1, 2011);
6.
					 Grass Channel (Version 1.9, March 1, 2011);
7. Bioretention (Version 1.9, March 1,
					 2011);
8. Infiltration (Version
					 1.9, March 1, 2011);
9. Dry Swale
					 (Version 1.9, March 1, 2011);
10.
					 Wet Swale (Version 1.9, March 1, 2011);
11. Sheet Flow to Filter/Open Space (Version
					 1.9, March 1, 2011);
12. Extended
					 Detention Pond (Version 1.9, March 1, 2011);
13. Filtering Practice (Version 1.8, March 1,
					 2011);
14. Constructed Wetland
					 (Version 1.9, March 1, 2011); and
15. Wet Pond (Version 1.9, March 1,
					 2011).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part V - Criteria and Requirements for Regulated Land-Disturbing Activities › Article 3 - Water Quantity and Water Quality Technical Criteria › Section 9VAC25-875-600 - Water quantity

Current through Register Vol. 40, No. 24, July 15, 2024
A. Channel
					 protection and flood protection shall be addressed in accordance with the
					 minimum standards set out in this section, which are established pursuant to
					 the requirements of §
											62.1-44.15:28 of the Code of
					 Virginia or as permitted in accordance with §
											62.1-44.15:27.2 of the Code of
					 Virginia. Nothing in this section shall prohibit a locality's VESMP authority
					 from establishing a more stringent standard in accordance with § 62.1-
					 44.15:33 of the Code of Virginia especially where more stringent requirements
					 are necessary to address total maximum daily load requirements or to protect
					 exceptional state waters. Compliance with the minimum standards set out in this
					 section shall be deemed to satisfy the requirements of subdivision 19 of
					 9VAC25-875-560.
B. Channel protection. Concentrated
					 stormwater flow shall be released into a stormwater conveyance system and shall
					 meet the criteria in subdivision 1, 2, or 3 of this subsection, where
					 applicable, from the point of discharge to a point to the limits of analysis in
					 subdivision 4 of this subsection.
1. Manmade
					 stormwater conveyance systems. When stormwater from a development is discharged
					 to a manmade stormwater conveyance system, following the land-disturbing
					 activity, either:
a. The manmade stormwater
					 conveyance system shall convey the post-development peak flow rate from the
					 two-year 24-hour storm event without causing erosion of the system. Detention
					 of stormwater or downstream improvements may be incorporated into the approved
					 land-disturbing activity to meet this criterion, at the discretion of the VESMP
					 authority or department as the VSMP authority; or
b. The peak discharge requirements for
					 concentrated stormwater flow to natural stormwater conveyance systems in
					 subdivision 3 of this subsection shall be met.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part V - Criteria and Requirements for Regulated Land-Disturbing Activities › Article 3 - Water Quantity and Water Quality Technical Criteria › Section 9VAC25-875-610 - Offsite compliance options

Current through Register Vol. 40, No. 24, July 15, 2024
A. No offsite
					 option shall be used in contravention of local water quality-based limitations
					 (i) determined pursuant to subsection B of §
											62.1-44.19:14 of the Code of
					 Virginia, (ii) adopted pursuant to §
											62.1-44.15:33 of the Code of
					 Virginia or other applicable authority, (iii) deemed necessary to protect
					 public water supplies from demonstrated adverse nutrient impacts, or (iv) as
					 otherwise may be established or approved by the department. Where such a
					 limitation exists, offsite options may be used provided that such options do
					 not preclude or impair compliance with the local limitation.
B. Unless prohibited by subsection A of this
					 section, a VESMP authority or the department as the VSMP authority:
1. May allow the use of offsite options for
					 compliance with water quality and water quantity technical criteria established
					 pursuant to §
												62.1-44.15:28 of the Code of
					 Virginia, in whole or in part; and
2. Shall allow the use of nutrient credits
					 for compliance with the water quality technical criteria when:
a. Less than five acres of land will be
					 disturbed;
b. The phosphorous water
					 quality reduction requirement is less than 10 pounds per year; or
c. It is demonstrated to the satisfaction of
					 the VESMP authority or department as the VSMP authority that (i) alternative
					 site designs have been considered that may accommodate onsite best management
					 practices, (ii) onsite best management practices have been considered in
					 alternative site designs to the maximum extent practicable, (iii) appropriate
					 onsite best management practices will be implemented, and (iv) compliance with
					 quality technical criteria cannot practicably be met onsite. The requirements
					 of clauses (i) through (iv) of this subdivision shall be deemed to have been
					 met if it is demonstrated that onsite control of at least 75% of the required
					 phosphorous water quality reduction will be achieved.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part V - Criteria and Requirements for Regulated Land-Disturbing Activities › Article 3 - Water Quantity and Water Quality Technical Criteria › Section 9VAC25-875-620 - Design storms and hydrologic methods

Current through Register Vol. 40, No. 24, July 15, 2024
A. Unless
					 otherwise specified, the prescribed design storms are the one-year, two-year,
					 and 10-year 24-hour storms using the site-specific rainfall precipitation
					 frequency data recommended by the U.S. National Oceanic and Atmospheric
					 Administration (NOAA) Atlas 14. Partial duration time series shall be used for
					 the precipitation data.
B. Unless
					 otherwise specified, all hydrologic analyses shall be based on the existing
					 watershed characteristics and how the ultimate development condition of the
					 subject project will be addressed.
C. The U.S. Department of Agriculture's
					 Natural Resources Conservation Service (NRCS) synthetic 24-hour rainfall
					 distribution and models, including TR-55 and TR-20; hydrologic and hydraulic
					 methods developed by the U.S. Army Corps of Engineers; or other standard
					 hydrologic and hydraulic methods shall be used to conduct the analyses
					 described in this part.
D. For
					 drainage areas of 200 acres or less, the VESMP authority or department as the
					 VSMP authority may allow for the use of the Rational Method for evaluating peak
					 discharges.
E. For drainage areas
					 of 200 acres or less, the VESMP authority or department as the VSMP authority
					 may allow for the use of the Modified Rational Method for evaluating volumetric
					 flows to stormwater conveyances.
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 V - Criteria and Requirements for Regulated Land-Disturbing Activities › Article 3 - Water Quantity and Water Quality Technical Criteria › Section 9VAC25-875-630 - Stormwater harvesting

Current through Register Vol. 40, No. 24, July 15, 2024
In accordance with §
											62.1-44.15:28 of the Code of
						Virginia, stormwater harvesting is encouraged for the purposes of landscape
						irrigation systems, fire protection systems, flushing water closets and
						urinals, and other water handling systems to the extent such systems are
						consistent with federal, state, and local regulations.
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 V - Criteria and Requirements for Regulated Land-Disturbing Activities › Article 3 - Water Quantity and Water Quality Technical Criteria › Section 9VAC25-875-640 - Linear development projects

Current through Register Vol. 40, No. 24, July 15, 2024
Linear development projects shall control
						post-development stormwater runoff in accordance with a site-specific
						stormwater management plan or a comprehensive watershed stormwater management
						plan developed in accordance with 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 V - Criteria and Requirements for Regulated Land-Disturbing Activities › Article 3 - Water Quantity and Water Quality Technical Criteria › Section 9VAC25-875-650 - Stormwater management impoundment structures or facilities

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Stormwater management wet ponds and extended detention ponds that are not
					 covered by the Impounding Structure Regulations (4VAC50-20) shall, at a
					 minimum, be engineered for structural integrity for the 100-year storm
					 event.
B. Construction of
					 stormwater management impoundment structures or facilities may occur in karst
					 areas only after a study of the geology and hydrology of the area has been
					 conducted to determine the presence or absence of karst features that may be
					 impacted by stormwater runoff and BMP placement.
C. Discharge of stormwater runoff to a karst
					 feature shall meet the water quality criteria set out in
					 9VAC25-875-580 and the water
					 quantity criteria set out in
					 9VAC25-875-600. Permanent
					 stormwater management impoundment structures or facilities shall only be
					 constructed in karst features after completion of a geotechnical investigation
					 that identifies any necessary modifications to the BMP to ensure its structural
					 integrity and maintain its water quality and quantity efficiencies. The person
					 responsible for the land-disturbing activity is encouraged to screen for known
					 existence of heritage resources in the karst features.
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 V - Criteria and Requirements for Regulated Land-Disturbing Activities › Article 3 - Water Quantity and Water Quality Technical Criteria › Section 9VAC25-875-660 - Comprehensive stormwater management plans

Current through Register Vol. 40, No. 24, July 15, 2024
A VESMP authority may develop comprehensive stormwater
						management plans to be approved by the department that meet the water quality
						objectives, quantity objectives, or both of this part:
1. Such plans shall ensure that offsite
					 reductions equal to or greater than those that would be required on each
					 contributing site are achieved within the same HUC or within another locally
					 designated watershed. Pertaining to water quantity objectives, the plan may
					 provide for implementation of a combination of channel improvement, stormwater
					 detention, or other measures that are satisfactory to the locality's VESMP
					 authority to prevent downstream erosion and flooding.
2. If the land use assumptions upon which the
					 plan was based change or if any other amendments are deemed necessary by the
					 locality's VESMP authority, such authority shall provide plan amendments to the
					 department for review and approval.
3. During the plan's implementation, the
					 locality's VESMP authority shall document nutrient reductions credited to the
					 BMPs specified in the plan.
4.
					 State agencies and federal entities may develop comprehensive stormwater
					 management plans and may participate in locality-developed comprehensive
					 stormwater management plans where practicable and permitted by the locality's
					 VESMP authority.
Statutory Authority: §
													62.1-44.15:28 of the Code of
						  Virginia; Chapters 68 and 758 of the 2016 Acts of
						  Assembly.