Virginia Stormwater Management Program Regulations (VSMP) and MS4 Stormwater Discharge Permit Update

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1 Virginia Stormwater Management Program Regulations (VSMP) and MS4 Stormwater Discharge Permit Update GWRC Meeting February 24,

2 Virginia Stormwater Management Program (VSMP) Regulations (New Development/Construction) Provide prescriptive requirements for stormwater management for land development and construction projects for all localities All GWRC localities have been required to address SWM/water quality by State regulation (Chesapeake Bay Preservation Act- 1990) Localities implement current requirements through local SWM Ordinance (Stafford, Spotsylvania, Fredericksburg) or Chesapeake Bay Preservation Act Ordinance (King George, Caroline) Closely connected with regulations for Erosion and Sediment Control Explanation of Programs Stormwater Permit (MS4) (Existing Development/Systems) Regulates localities/entities for the discharge of stormwater from the storm drainage system within Urbanized Areas as defined by the U.S. Census Required as part of Federal Clean Water Act since 2003 Permit issuance and oversight provided by State through the Department of Environmental Quality(DEQ) Will have substantial costs associated. 2

3 VSMP Regulations Background Information New state mandated regulations for land development projects and related stormwater programs were adopted on September 3, 2011 Standardizes and requires stormwater programs for all localities in Virginia New regulations transfer additional oversight responsibility from the State to the County Local adoption required by July 1,

4 VSMP Regulations Water Quality Current Regulations Performance or technology based, required as impervious surfaces added to development projects Implemented through local SWM or Chesapeake Bay Preservation Area ordinances New Regulations Performance based, driven by regulated land disturbance Development projects are required to offset any increase above baseline for Phosphorus from the site Uses Runoff Reduction method spreadsheet to determine compliance Also includes increased requirements for redevelopment projects 4

5 VSMP Regulations Water Quantity Current Regulations Flooding-Reduces discharge from a 10 year 24 hour storm to a pre-development level Stream Channel Protection- Requires extended detention of the 1 year 24 hour storm New Regulations Flooding-Reduces discharge from a 10 year 24 hour storm to a pre-development level Stream Channel Protection- Uses Energy Balance equation to determine compliance. Requirements vary for natural, man-made and restored stream channels 5 5

6 VSMP Regulations Other Details Requires the incorporation of pollution prevention requirements into County SWM plans Requires County staff to oversee developer construction stormwater permits; this was previously addressed by DCR/DEQ Allows offsite compliance options for sites that have challenges meeting water quality requirements Allows the harvesting/capture of runoff water as a SWM practice Provides specific provisions for grandfathering (vesting) of previously approved projects 6

7 VSMP Regulations Lesiglative/Developing Issues Several bills related to the stormwater program have been introduced to the General Assembly including requests to delay program implementation and provide relief for single family home construction It is unclear at this time whether or not, these bills will move forward to approval 7

8 VSMP Regulations Locality Impacts and Issues Current stormwater ordinances will need to be revised or created to comply with program requirements, subject to DEQ approval Funding and staffing plans will be required to be developed, subject to DEQ approval Existing fee schedules may need to be revised Portions of some fees will be required to be returned to DEQ for program oversight in accordance with regulations Existing stormwater design manuals, policies and procedures will need to be revised Localities will be required to take on additional oversight, inspection, record keeping, and program administration functions 8

9 VSMP Regulations Next Steps January 15, Submit draft ordinance and funding/staffing plan to DEQ February 15, Receive comments from DEQ March/April, 2014 Authorize/hold public hearings on draft ordinances and associated materials; adopt ordinance with delayed effective date of July 1, 2014 May, 2014 Submit final ordinance to DEQ for approval June, 2014 Receive final approval from DEQ July 1, 2014 Begin program implementation 9

10 MS4 Permit Background Regulated localities/entities in the GWRC region include Stafford, Spotsylvania, and Fredericksburg VDOT, University of Mary Washington, Quantico Marine Corps Base For practical purposes, the permit regulates the discharge of stormwater from existing development within the Urbanized Areas, excluding the VDOT drainage system Permittees are operating in Year 1 of a 5 year permit; Permit requires compliance with general conditions and with specific requirements of the six minimum control measures Permittees develop a program plan, subject to State approval, to comply with permit 10

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12 MS4 Permit Issues Permit requirements are significantly increased with the current permit Compliance with Chesapeake Bay TMDL required as a permit condition County required to develop compliance plan Plan will identify required nutrient reductions to be implemented in phases over 15 years These reductions will be extremely costly; a rough estimate in Stafford is $30,000,000/15 years Localities expected to pay for implementation costs; some grants/state funding may be available to offset costs Compliance with other TMDL s required as a permit condition Bacterial pollution for Rappahannock River Other TMDL s to be developed 2010 Census adjusts permit area geographic boundaries Expands areas of required compliance in localities 12

13 MS4 Permit Next Steps Develop action plan to address TMDL requirements Complete by June 30, 2015 Participate with State efforts to provide additional program implementation guidance Monitor EPA/DEQ enforcement action in Virginia Compliance actions issued to 22 MS4 programs recently (includes Fredericksburg) Spotsylvania was audited in 2011 EPA expects all Virginia programs to be audited in the next 1-3 years 13

14 Questions/Discussion? 14