Virginia Stormwater Management Permitting Construction Activities J. Douglas Fritz
Overview of VSMP Construction Stormwater Permitting Discharges from regulated Construction Activities are industrial discharges regulated under the Clean Water Act. DCR is the federally-delegated authority to operate the permitting program in Virginia. Permit coverage is required to have been obtained prior to initiation of land disturbance. Two separate construction activities are regulated Large Construction Activities Part of a common plan of development or sale Small Construction Activities Part of a common plan of development or sale Off-site support activities may be permitted under the construction permit
VSMP Permits are different than Local Erosion and Sediment Control Erosion and Sediment Control VA Erosion and Sediment Control Act Local Governments Erosion and Sediment Control from Land Disturbing Activities Statutory Authority Regulatory Authority Regulated Activity Virginia Stormwater Management Permits Clean Water Act DCR, EPA, 3 rd Parties Pollutants Discharged from Construction Activities Technology Based- Minimum Standards Applicable Standards Water Quality Standards Early 1970 s Regulation Initiated 1987 CWA Modifications
Registration Statement When you submit a complete and accurate registration statement, you are registering for coverage under the General Permit for Stormwater Discharges from Construction Activities. You are agreeing to comply with the General Permit and its conditions. The permit is found at: http://www.dcr.virginia.gov/sto rmwater_management/docum ents/vsmpgenpermvar10.pdf
Routine maintenance does not need a VSMP Permit Cleaning out a roadside drainage. Enlargement or construction of additional roadside drainage beyond its original as built state is not routine maintenance. Dredging or re-grading a structural stormwater facility to maintain its as built state. Re-grading and re-graveling a gravel parking lot or equipment pad. Repaving, unless underlying and/or surrounding soil is cleared, graded or excavated as part of the paving operation.
Stormwater Pollution Prevention Plan (SWPPP) Required as a condition of the General Permit A document that is prepared in accordance with good engineering practices and that identifies potential sources of pollution that may reasonably be expected to affect the quality of stormwater discharges from the construction site or its associated land-disturbing activities. More than just pollution prevention during rain events All plans incorporated by reference into the SWPPP shall be enforceable under the permit issued. Requirements of what must be included in a SWPPP are found in the General Permit.
Asphalt-specific concerns Spills Batch plants Equipment Cleaning Contaminated Runoff
Operator" means the owner or operator of any facility or activity subject to regulation under the VSMP program. (i)the person has direct operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications or (ii) the person has day-to-day operational control of those activities at a project that are necessary to ensure compliance with a stormwater pollution prevention plan for the site or other permit conditions (i.e., they are authorized to direct workers at a site to carry out activities required by the stormwater pollution prevention plan or comply with other permit conditions).
Receiving Waters Directions to obtain information about hydrologic unit codes, receiving waters, impaired waters found at: http://www.dcr.virginia.gov/st ormwater_management/doc uments/vsmpgisdirs.pdf DEQ Virginia Environmental Geographic Information System. Can also obtain latitude and longitude from this site.
Total Land Area of Development Acreage should include all parts of the project. Imagine placing safety fencing around project including access roads. Not an entire campus if you are building a parking lot.
Common Plan of Development or Sale Included in federal definitions of construction activities. Examples: Individual houses in a subdivision; Outparcels in commercial development.
Nutrient Offsets The purchase of nutrient offsets to meet certain water quality post development criteria are allowed. This is a specific program authorized under 10.1-603.8:1of the Code of Virginia Nutrient offsets are not the same as using a regional facility or paying into a pro rata program.
Legal document. Signatures Must be signed by appropriate person. For a corporation: by a responsible corporate officer or the manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long-term compliance. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively.
Fees X X Five acres or greater (or part of a common plan of development or sale totaling greater than 5 acres. $500 One acre to less than five acres (also part of common plan) $300 Greater than 2,500 ft 2 and less than one acre in CBPA regulated areas $200
The Future
Part III of the modified Virginia Stormwater Management Program Regulations Delegates legal authorities to local governments for plans approval, compliance and fee collection. Ensures, at a minimum, compliance with water quality design criteria and VSMP General Permit through the use of local ordinances. DOES NOT delegate VSMP permit issuance to local governments. VSMP General Permit will need to be creative in how this is structured.
Mandatory v. Voluntary Required to adopt or revise local SWM ordinance/program (Chesapeake Bay Preservation Act localities and Municipal Separate Storm Sewer System (MS4) permitted localities Has option to adopt local SWM ordinance/program (if not, DCR will implement SWM)
The Key Differences in Application Existing Impervious Surface Land Use(s) New Forest/Open Space, Turf, Impervious 0.5 inches of Runoff Average land condition or technology based 10% reduction P Simple Method Event New Design Criteria Redevelopment Criteria Compliance Methodology 1.0 inches of Rainfall 0.41 lbs./ac/yr P <1 acre-10% Reduction P, >1 acre -20% Reduction P Runoff Reduction
Questions? J. Douglas Fritz Stormwater Permits Manager (804) 371-7330 doug.fritz@dcr.virginia.gov