Current through Register Vol. 41, No. 3, September 23, 2024
A. Each
locality that operates a regulated MS4 or that chooses to administer a VESMP
shall, by ordinance, establish a VESMP that shall be administered in
conjunction with a local MS4 management program, if applicable, and that shall
include the following:
1. Ordinances,
policies, and technical materials consistent with regulations adopted in
accordance with the VESMA;
2.
Requirements for land-disturbance approvals;
3. Requirements for plan review, inspection,
and enforcement consistent with the requirements of the VESMA, including
provisions requiring periodic inspections of the installation of stormwater
management measures. A VESMP authority may require monitoring and reports from
the person responsible for meeting the permit conditions to ensure compliance
with the permit and to determine whether the measures required in the permit
provide effective stormwater management;
4. Provisions charging each applicant a
reasonable fee to defray the cost of program administration for a regulated
land-disturbing activity that does not require permit coverage. Such fee may be
in addition to any fee charged pursuant to the statewide fee schedule
established in accordance with subdivision 9 of §
62.1-44.15:28 of the Code of
Virginia, although payment of fees may be consolidated in order to provide
greater convenience and efficiency for those responsible for compliance with
the program. A VESMP authority shall hold a public hearing prior to
establishing such fees. The fee shall not exceed an amount commensurate with
the services rendered, taking into consideration the time, skill, and the VESMP
authority's expense involved;
5.
Provisions for long-term responsibility for and maintenance of stormwater
management control devices and other techniques specified to manage the quality
and quantity of runoff; and
6.
Provisions for the coordination of the VESMP with flood insurance, flood plain
management, and other programs requiring compliance prior to authorizing land
disturbance in order to make the submission and approval of plans, issuance of
land-disturbance approvals, 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.
B. A VESMP authority may enter
into agreements or contracts with the department, soil and water conservation
districts, adjacent localities, planning district commissions, or other public
or private entities to carry out or assist with plan review and
inspections.
C. A VESMP authority
shall obtain evidence of permit coverage from the department's online reporting
system, where such coverage is required, prior to providing land-disturbance
approval.
D. The VESMP authority
responsible for regulating the land-disturbing activity shall require
compliance with its applicable ordinances and the conditions of its
land-disturbance approval and plan specifications.
E. A locality serving as a VESMP authority is
authorized to adopt more stringent soil erosion control or stormwater
management ordinances than those necessary to ensure compliance with the
board's minimum regulations when adopted in accordance with §
62.1-44.15:33 of the Code of
Virginia.
F. Nothing in this part
shall be construed as authorizing a locality to regulate, or to require prior
approval by the locality for, a state or federal project, unless authorized by
separate statute.
G. A VESMP
authority may require, excluding state agencies and federal entities, the
submission of a reasonable performance bond or other financial surety and
provide for the release of such sureties in accordance with the criteria set
forth in §
62.1-44.15:34 of the Code of
Virginia.
H. A VESMP authority
shall have provisions for collection, distribution to the state if required,
and expenditure of permit fees.
I.
Notice of termination of general permit coverage.
1. A VESMP authority shall recommend that the
department terminate coverage under a General VPDES Permit for Discharges of
Stormwater from Construction Activities (Construction General Permit) within 60
days of receiving a complete notice of termination from the operator of the
construction activity.
2. Coverage
under a Construction General Permit shall be deemed to be terminated 90 days
after the receipt by the VESMP authority of a complete notice of termination
from the operator of the construction activity.
3. If a VESMP authority receives a notice of
termination of a Construction General Permit that it determines to be
incomplete, the VESMP authority shall, within a reasonable time, inform the
operator of the construction activity of such incompleteness and provide the
operator with a detailed list itemizing the elements of information that are
missing from the notice.
Statutory Authority: §
62.1-44.15:28 of the Code of
Virginia; Chapters 68 and 758 of the 2016 Acts of
Assembly.
