Notice of action: The State Water Control Board (Board) is considering the amendment of a regulation on stormwater management. A regulation is a general rule governing people's rights or conduct that is upheld by a state agency.
Regulation name: Virginia Stormwater Management Regulations (9VAC25-870)
Purpose of notice: The Board is seeking comments through the Department of Environmental Quality on 1) the proposal 2) the costs and benefits of the proposal 3) effects of the proposal on farm and forest land preservation and 4) impacts on small businesses.
Public comment period: October 18, 2013 to November 20, 2013
Public comment stage: Notice of Public Comment on Provisions Revisions to Proposed Amendments to the General Permit for Discharges of Stormwater from Constructions Activities
Description of proposed regulation: At the August 26-27, 2013 meeting the Board, adopted regulations to implement Chapters 756 and 793 of the 2013 Acts of Assembly. The primary purpose of the Board’s action was to renumber the regulations, change statutory and regulatory citations and change references to the Virginia Soil and Water Conservation Board/Department of Conservation and Recreation to State Water Control Board/Department of Environmental Quality. Also, at that meeting the Board authorized the regulatory action to reissue and amend, as necessary, the General Permit for Stormwater Discharges from Construction Activities (General Permit).
The Board is considering adopting additional amendments to the Virginia Stormwater Management Regulations at its meeting on December 17, 2013. The amendments are a result of further review of the regulation, review of the proposed General Permit and the public comments received on the proposed General Permit.
The proposed amendments include (i) clarification of existing requirements regarding time limits on applicability of approved design criteria and grandfathering; (ii) clarification that land-disturbing activities previously covered under the General Permit issued July 1, 2009 are not required to have a stormwater management plan approved by a VSMP authority; (iii) addition of provisions for a stormwater management plan for a land-disturbing activity shall apply the stormwater management technical criteria to the entire common plan of development; (iv) clarification that the 10-year postdeveloped peak rate of runoff shall not exceed the 10-year predveloped peak rate of runoff measured at each point of discharge from the land disturbance; (v) addition of provisions that would allow the Department to enter into agreements with a VSMP authority to collect the total fee to be paid by an applicant and transmit the Department portion to the Department; (vi) clarification of the fee language, including clarification that the total fee to be paid by an applicant applies to an operator seeking new or continued coverage under a July 1, 2014 General Permit; (vii) clarification that the fees for modification or transfer of General Permit coverage does not apply until assessed by VSMP authority; and (viii) updates the date of incorporation by reference for the Virginia Runoff Reduction Method.
How to comment: The DEQ accepts written comments by hand-delivery, e-mail, fax and postal mail. All written comments must include the full name, address and telephone number of the person commenting and be received by DEQ no later than on the last day of the comment period. All comments, exhibits and documents received are part of the public record.
How a decision is made: After comments have been considered, the Board will make the final decision. Citizens that submit statements during the comment period may address the board members during the board meeting at which a final decision is made on the proposal.
To review regulation documents: The proposal is available on the department website at http://www.deq.virginia.gov/Programs/Water/LawsRegulationsGuidance.aspx on the water laws, regulations and guidance page and by contacting the DEQ representative named below.