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 9VAC25-875-290 - Criteria for programs operated by a VESCP authority

Current through Register Vol. 40, No. 24, July 15, 2024
A. At a minimum,
					 a VESCP shall provide that (i) an erosion and sediment control plan shall be
					 reviewed and approved by a certified plan reviewer; (ii) inspections of
					 land-disturbing activities shall be conducted by a certified inspector; and
					 (iii) a VESCP shall contain a certified program administrator, a certified plan
					 reviewer, and a certified project inspector, who may be the same person
					 pursuant to §
											62.1-44.15:53 of the Code of
					 Virginia. The requirements for each position identified in this subsection are
					 specified in Part IV (9VAC25-875-380 et
					 seq.) of this chapter.
B. A VESCP
					 authority may enter into agreements or contracts with soil and water
					 conservation districts, adjacent localities, or other public or private
					 entities to assist with carrying out the provisions of this chapter, including
					 the review and determination of adequacy of erosion and sediment control plans
					 submitted for land-disturbing activities on units of land as well as for
					 monitoring, reports, inspections, and enforcement of such land-disturbing
					 activities.
C. The VESCP operated
					 by a county, city, or town shall include provisions for the coordination 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
					 pursuant to §
											62-1.44-15:54 of the Code of
					 Virginia.
D. A VESCP authority may
					 enter into an agreement with an adjacent VESCP or VESMP authority regarding the
					 administration of multijurisdictional projects specifying who shall be
					 responsible for all or part of the administrative procedures. Should adjacent
					 authorities fail to come to such an agreement, each shall be responsible for
					 administering the area of the multijurisdictional project that lies within its
					 jurisdiction.
E. Where the
					 land-disturbing activity results from the construction of a (i) single-family
					 detached residential structure or (ii) a 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%,
					 an agreement in lieu of a plan may be substituted for an erosion and sediment
					 control plan if executed by the VESCP authority pursuant to §
											62-1.44-15:55A of
					 the Code of Virginia. For a single-family detached residential structure with
					 less than one acre of land disturbance, an agreement in lieu of a plan may be
					 used when either (a) it is located within a common plan of development or sale
					 with an approved stormwater pollution prevention plan consistent with
					 9VAC25-875-500 and a permit, if
					 required; or (b) the single-family detached residential is located outside of a
					 common plan of development or sale.
F. A VESCP authority may adopt more stringent
					 soil erosion and sediment control ordinances pursuant to §
											62.1-44.15:65 of the Code of
					 Virginia.
G. Any VESCP authority
					 that administers a VESCP may charge applicants a reasonable fee to defray the
					 costs of program administration. A VESCP authority shall hold a public hearing
					 prior to establishing a schedule of fees. The fee shall not exceed an amount
					 commensurate with the services rendered, taking into consideration the time,
					 skill, and the VESCP authority's expense involved.
Statutory Authority: §
													62.1-44.15:28 of the Code of
						  Virginia; Chapters 68 and 758 of the 2016 Acts of
						  Assembly.