Arlington s New Stormwater Management Ordinance. Informational Meeting May 28, 2014

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1 Arlington s New Stormwater Management Ordinance Informational Meeting May 28, 2014

2 Outline Overview Plan submission and review P2 plan/implementation Construction inspection SWMF construction Landscape conservation plan/rpa changes 2

3 OVERVIEW 3

4 Arlington Watershed Facts 2010 Census: 207,627 people 26 square miles 7,972 persons/square mile 42% impervious cover 400 miles of storm sewers 28.5 miles of perennial streams Potomac River watershed

5

6 CONTEXT: Chesapeake Bay TMDL & Arlington MS4 permit Pollutant load reductions from 2009 baseline: Nitrogen -8% Phosphorus -14% Sediment -18% Required load reduction schedule: Permit cycle #1 ( ) 5% Permit cycle #2 ( ) 35% Permit cycle #3 ( ) 60% TMDL: Total Maximum Daily Load Pollution budget for the Bay MS4: Municipal Separate Storm Sewer System

7 MS4/TMDL framework Bay TMDL and MS4 permit require reductions in overall stormwater pollution loads. Development, as it occurs, takes care of its pollution reduction obligations. In parallel, municipality implements projects to reduce pollution from existing developed lands. These efforts complement one another, share the pollution reduction burden equitably, and increase overall amount and pace of pollutant reductions. 7

8 New State SWM Regulations Enacted in response to Bay TMDL final version approved by General Assembly December 2013 Take effect statewide July 1, New Arlington Stormwater Management Ordinance (Chapter 60) adopted by the County Board May 10, DEQ has approved Arlington s ordinance 8

9 New Stormwater Management Requirements Generally more stringent than current standards more area treated, larger facilities. Greater impervious cover increase = more requirements. More runoff reduction = more credit. Typical compliance strategies include rain gardens, pervious materials, and infiltration; green roofs and rainwater harvesting likely to become more common. Include pollution prevention requirements for construction phase. 9

10 PLAN SUBMISSIONS AND REVIEW 10

11 Erosion & Sediment Control Plan Stormwater Management Plan Water Quantity Water Quality PLAN SUBMITTAL REQUIREMENTS SWPPP Pollution Prevention Plan (P2 Plan) Stormwater Facility Maintenance and Monitoring Agreement (MMA) Construction GP Registration Statement* Landscape Conservation Plan RPA information (where applicable) *For sites 1 acre of disturbance (including common plans) 11

12 SWPPP SUBMITTAL CHECKLIST 12

13 REQUIREMENTS BY PROJECT SIZE 13

14 WATER QUANTITY 14

15 CHANNEL PROTECTION 15

16 FLOOD CONTROL 16

17 WATER QUANTITY WORKSHEET

18 SHEETFLOW 18

19 SFD Allowances Applies for Single Family Residence with less than 1 acre of land disturbance Quantity: Must meet the Sheetflow requirements (9VAC ), at a minimum Quality: Level I permeable pavement credit Minimum of twelve (12) inches of stone storage with no underdrain soils percolate <=0.5 hour designed to drawdown within 24 hours no run-on from other pervious or impervious areas. Level 1 urban bioretention (planter box) credit 18 of soil media Other design criteria, construction materials, installation and certification requirements are the same

20 WATER QUALITY Pollutant Loading Targets New Development Loading P Target 0.41 lbs/acre Redevelopment with Decrease in Impervious Area 10% P Reduction for < 1 acre 20% P Reduction for > 1 acre Redevelopment with Increase in Impervious Area New Development Criteria applied to added impervious area Redevelopment Criteria applied to remainder of the site 20

21 WATER QUALITY Runoff Reduction Spreadsheet provided by DEQ BMP Clearinghouse design guidelines 21

22 REGISTRATION STATEMENT AND FEES For any construction activities resulting in land disturbance equal to or greater than one acre, applicants must submit a Registration Statement to Arlington County with the Stormwater Pollution Prevention Plan (SWPPP). The Registration Statement will be forwarded to DEQ for permit issuance when Arlington County approves the SWPPP. The applicant will pay the county portion of the permit fee at the DES Front Counter. DEQ will notify the applicant the amount of the fee and payment methods for state portion of the permit fee. LDA will not be issued until Construction GP is issued by DEQ. 22

23 FEE SCHEDULE

24 POLLUTION PREVENTION (P2) PLANS 24

25 Pollution Prevention (P2) Plan County Code Section 60-9 requires a P2 Plan Third component of the SWPPP Identify pollutant generating activities / sources Detail the design, installation, implementation, and maintenance of effective pollution prevention measures to minimize the discharge of pollutants. Implemented and updated as necessary (living doc)

26 Pollution Prevention (P2) Plan The following language must be added to plans: Only the following non-stormwater discharges are authorized by Arlington County s MS4 permit, unless the State Water Control Board, the Virginia Soil and Water Conservation Board (Board), or Arlington County determines the discharge to be a significant source of pollutants to surface waters: water line flushing landscape irrigation diverted stream flows rising ground waters uncontaminated ground water infiltration uncontaminated pumped ground water discharges from potable water sources foundation drains air conditioning condensation irrigation water; springs water from crawl space pumps footing drains lawn watering individual residential car washing flows from riparian habitats and wetlands dechlorinated swimming pool discharges discharges or flows from fire fighting other activities generating discharges identified by DEQ as not requiring VPDES authorization

27 Pollution Prevention (P2) Plan Additional notes that must be included: Appropriate controls must be implemented to prevent any nonstormwater discharges (e.g., concrete wash water, paint wash water, vehicle wash water, detergent wash water, etc.) from being discharged into Arlington County s MS4, which includes the curb and gutter system, as well as catch basins and other storm drain inlets, or stream network. Per Chapter 26-5(c) of the Arlington County Code, it shall be unlawful for any person to discharge directly or indirectly into the storm sewer system or state waters, any substance likely, in the opinion of the County Manager, to have an adverse effect on the storm sewer system or state waters. The P2 Plan shall be included on the plans, and at a minimum, contain Sections 2.0 (Authorized Non-stormwater Discharges), 5.0 (Potential Pollution Sources & P2 Practices), and 7.0 (Spill Prevention & Response) from the SWPPP template provided in the SW Guidance Manual

28 Pollution Prevention (P2) Plan Non-stormwater discharges Washwater Paint / sealers / grout Concrete washout & waste Sawcut slurry runoff Litter / waste management Secondary containment Materials storage Leaks / Spill control and prevention Ensure compliance with County s MS4 Permit & Chapter 26-5(c) 28

29 Pollution Prevention Non-Stormwater Discharges / Washwater / Paint / Leaks /Spills

30 Pollution Prevention Concrete Waste & Sawcut Slurry Runoff

31 Pollution Prevention Site Housekeeping / Litter Management / Materials Storage

32 POLLUTION PREVENTION Enforcement Violation(s) of 26-5 b and/or c NOVs Civil penalties outlined in 26-9 B

33 CONSTRUCTION INSPECTION 33

34 CONSTRUCTION INSPECTIONS Two inspection types: 1. Regulatory compliance inspections under the Virginia Stormwater Management Program (VSMP) and Erosion and Sediment Control (ESC) Regulations. 2. Self-inspections by qualified personel as designated by the permitee or operator. All regulated land disturbing activities 34

35 CONSTRUCTION INSPECTIONS Starting JULY 1, Arlington County site inspections, shall include... SWPPP (Storm Water Pollution Prevention Plan): Erosion and Sediment Control Plan Storm Water Management Plan Pollution Prevention (P2) Plan Controls to address TMDL (Total Maximum Daily Load) Detailed recordkeeping required by MS4 permit 35

36 Operator New Responsibilities Starting JULY 1, operator responsibilities: Storm Water Pollution Prevention Plan (SWPPP) SWPPP shall be retained on site Public Access Self-inspection every 4 days Records shall be retained for (3) Three Years

37 Inspection Report Requirements: The name and phone number of qualified personnel conducting inspections The location(s) of discharges from the site Location(s) of control measures that need to be maintained Location(s) of control measures that failed to operate Location(s) where additional control measures are needed Corrective action required including any changes to the SWPPP and implementation dates An estimate of the amount of rainfall at the construction site Weather information and a description of any discharges occurring at the time of inspection See sample SWPPP, Sections 8, 9, and 10 for log types: inspections and corrective action; grading and stabilization activities; SWPPP modification and update

38 Unauthorized Discharges Reports of Unauthorized Discharges: Notify Arlington County immediatly. Provide a written report within five days. 1. A description of the nature and location of the discharge 2. The cause of the discharge 3. The date on which the discharge occurred 4. The length of time that the discharge continued 5. The volume of the discharge 6. How long it is expected to continue 7. If the discharge is continuing, what the expected total volume of the discharge will be; and 8. Any steps planned or taken to reduce, eliminate and prevent a recurrence of the present discharge or any future discharges not authorized by this state permit.

39 VIOLATIONS No state permit registration No SWPPP Incomplete SWPPP SWPPP not available for review No approved erosion and sediment control plan Failure to install storm water BMPs or erosion and sediment controls Stormwater BMPs or erosion and sediment controls improperly installed or maintained Operational deficiencies Failure to conduct required inspections Incomplete, improper, or missed inspections Discharges not in compliance with Section 1.E (9VAC ) 39

40 Site with Poor Controls Storm Drain Lubber Run

41 Enforcement, Violations and Penalties ENFORCEMENT Verbal warnings Notice of Violation Stop Work Order Consent Orders CIVIL PENALTY Up to $32,500 for each violation, each day.

42 SWMF CONSTRUCTION 42

43 SWMF construction READ Plans Material Specifications Construction Sequence DEQ Stormwater Design Specifications Arlington Stormwater Manual

44 Permeable Pavement Construction Differences Slopes greater than 5% require stepped installation Installer of permeable pavement Permeable pavers ICPI certified Pervious concrete NRMCA certified craftsman or installer No porous asphalt

45 Bioretention Construction Differences Soil slightly different 80%-90% sand with >75% being coarse to very coarse 10%-20% soil fines 3%-5% organic matter in the form of plant based compost meeting VA Stormwater Design Specification #4, Section 6.5

46 SWMF certification Civil engineer, land surveyor or landscape architect shall certify that the facility was constructed in accordance with the approved plans using the Construction Inspection Checklist for the appropriate SWMF. Requires a minimum of 3 onsite visits. Material delivery tickets and results of the tests and inspections shall be submitted to the County prior to issuance of the Certificate of Occupancy or equivalent. The certification for facilities installed by a certified professional (permeable concrete and permeable pavers) must include the installer s license number. Review of the inspection documentation takes a minimum of 1 week of review time. Basically. More thorough and longer review times.

47 Long Term Maintenance Continue to be enforced through the MMA (no changes to the MMA or the review and approval process) Owner will complete annual inspections using forms on County s webpage Owner hires a professional inspection once every 5 years. Professional = certified stormwater inspector, professional engineer, licensed land surveyor, landscape architect, or architect

48 CHAPTER 61 REQUIREMENTS 48

49 CHANGES TO CHAPTER 61 Deletions Stormwater requirements including site design standards Watershed Management Fund Criminal penalties Retained Resource Protection Area requirements General Performance Standards for Chesapeake Bay Preservation Areas

50 GUIDANCE CHANGES: CH 61 Landscape Plan Requirements (Section 3) Diversity requirement 10 or fewer trees proposed, at least 3 species More than 10 trees proposed, at least 5 species 50

51 GUIDANCE CHANGES: CH 61 Resource Protection Area Requirements (Section 4) Impervious cover and encroachment Encroachment is of the primary structure Retaining walls and patios are accessory structures Pools are impervious Impervious cover within 2 years counted as pre-existing condition 51

52 GUIDANCE CHANGES: CH 61 Resource Protection Area Requirements (Section 4) Exceptions Changes in use require a formal exception Tree removal requires a staff exception New section (4.6) Vegetation removal and replacement 52

53

54 QUESTIONS? Questions? 54

55 TRANSITION RULES 55

56 Individual Single Family Homes Arlington can continue to regulate when land disturbance is 2,500 SF. Threshold since 2003 is 2,500 SF, irrespective of land use type. Under MS4 permit framework, if we don t regulate, we take on the pollutant load obligations not met by the project. Since start of FY2010, single-family residential development accounted for nearly 60 percent of impervious cover increases associated with all regulated development activity Also has important benefit of ensuring sound drainage designs to protect adjacent properties from runoff. 56

57 Low = SFD = 44% ~7,400 acres 57

58 30 25 Cumulative impervious area increase: Single-family homes vs. all development since start of FY Acres Start FY2010 FY2010 FY2011 FY2012 FY2013 Total Single-family homes

59 Existing Single-family Homes and Metro Corridors Impacts to existing single-family homeowners limited: 99% of addition projects are <2,500 SF land disturbance threshold. Stormwater education and technical assistance programs help address impacts. Important benefits of more stringent regulation of stormwater runoff from larger new homes. Metro corridors: Typically involve already high levels of impervious cover with relatively small changes. Proportionally lower requirements compared with projects with large impervious cover increases like most new singlefamily home projects. 59

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