Virginia Administrative Code
Title 9 - ENVIRONMENT
Agency 25 - STATE WATER CONTROL BOARD
Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION
Part V - Criteria and Requirements for Regulated Land-Disturbing Activities
Article 4 - Water Quantity and Water Quality Technical Criteria for Grandfathered Projects and Time Limits of Applicability Projects
Section 9VAC25-875-700 - Water quality
Current through Register Vol. 41, No. 3, September 23, 2024
A. Compliance with the water quality criteria may be achieved by applying the performance-based criteria or the technology-based criteria to either the site or a planning area.
B. Performance-based criteria. For land-disturbing activities, the calculated post-development nonpoint source pollutant runoff load shall be compared to the calculated predevelopment load based upon the average land cover condition or the existing site condition. A BMP shall be located, designed, and maintained to achieve the target pollutant removal efficiencies specified in Table 1 of this section to effectively reduce the pollutant load to the required level based upon the following four applicable land development situations for which the performance criteria apply:
Requirement: No reduction in the after disturbance pollutant discharge is required.
Requirement: The pollutant discharge after disturbance shall not exceed the existing pollutant discharge based on the average land cover condition.
Requirement: The pollutant discharge after disturbance shall not exceed (i) the pollutant discharge based on existing conditions less 10% or (ii) the pollutant discharge based on the average land cover condition, whichever is greater.
Requirement: The pollutant discharge after disturbance shall not exceed the existing pollutant discharge based on the existing percent impervious cover while served by the existing BMP. The existing BMP shall be shown to have been designed and constructed in accordance with proper design standards and specifications and to be in proper functioning condition.
C. Technology-based criteria. For land-disturbing activities, the post-developed stormwater runoff from the impervious cover shall be treated by an appropriate BMP as required by the post-developed condition percent impervious cover as specified in Table 1 of this section. The selected BMP shall be located, designed, and maintained to perform at the target pollutant removal efficiency specified in Table 1 or those found in 9VAC25-875-590.
D. Design standards and specifications for the BMPs in Table 1 of this section that meet the required target pollutant removal efficiency are available in the Virginia Stormwater Management Handbook. Other approved BMPs available through the Virginia Stormwater BMP Clearinghouse may also be utilized.
Table 1 |
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Water Quality BMP* |
Target Phosphorus Removal Efficiency |
Percent Impervious Cover |
Vegetated filter strip Grassed swale |
10% 15% |
16-21% |
Constructed wetlands Extended detention (2 x WQ Vol) Retention basin I (3 x WQ Vol) |
20% 35% 40% |
22-37% |
Bioretention basin Bioretention filter Extended detention basin-enhanced Retention basin II (4 x WQ Vol) Infiltration (1 x WQ Vol) |
50% 50% 50% 50% 50% |
38-66% |
Sand filter Infiltration (2 x WQ Vol) Retention basin III (4 x WQ Vol with aquatic bench) |
65% 65% 65% |
67-100% |
*Innovative or alternate BMPs not included in this table may be allowed at the discretion of the local program administrator or the department. Innovative or alternate BMPs not included in this table that target appropriate nonpoint source pollution other than phosphorous may be allowed at the discretion of the local program administrator or the department |
E. The VESMP authority or department as the VSMP authority may allow the use of offsite nutrient credits under Article 4 (9VAC25-875-670 et seq.) of this part in accordance with 9VAC25-875-610.
Statutory Authority: § 62.1-44.15:28 of the Code of Virginia; Chapters 68 and 758 of the 2016 Acts of Assembly.