60 Day Comment Forum is underway. Began on 2/8/2023 and will end on 4/10/2023

Introduction

Chapters 68 and 758 of the 2016 Acts of Assembly (the “Consolidation Bill”) combine the Department of Environmental Quality’s (DEQ) existing statutory programs relating to soil erosion and sediment control and stormwater management.  The ninth enactment in the Consolidation Bill directs the State Water Control Board (Board) to adopt regulations to carry out the purposes of the Acts. 

In accordance with the ninth enactment of the Consolidation Bill, DEQ provided a Notice of Intended Regulatory Action (35:12 VA.R. 1399 February 4, 2019), formed a 25-member stakeholders advisory group to assist in the development of the regulation, and held seven public meetings with the advisory group between June 18, 2019, and September 13, 2022.  Through the stakeholder engagement process, DEQ has developed draft regulations to satisfy the requirements of Chapters 68 and 758.  The purpose of this general notice is to invite the public to review and comment on the draft regulations before they are presented to the Board for adoption.

Development of Draft Regulation

The draft Virginia Erosion and Stormwater Management Regulation (9VAC25-875) consolidates requirements of the current Erosion and Sediment Control Regulations (9VAC25-840); Erosion and Sediment Control and Stormwater Certification Regulations (9VAC25-850); and Virginia Stormwater Management Program Regulation (9VAC25-870) into one chapter of the Virginia Administrative Code.  Through consolidation of the three chapters, the new regulation clarifies program requirements, eliminates redundancies, and corrects inconsistencies between erosion and sediment control regulations and stormwater management plan regulations.  No substantive changes to existing erosion and sediment control minimum standards or to the post-construction stormwater management technical criteria are part of this regulatory action. 

In conjunction with the creation of the Virginia Erosion and Stormwater Management Regulation, the Board intends to repeal the Erosion and Sediment Control Regulation (9VAC25-840); Erosion and Sediment Control and Stormwater Certification Regulation (9VAC25-850); and Virginia Stormwater Management Program Regulation (9VAC25-870) in their entirety.  Additionally, in response to the creation of Chapter 875 (and the repeal of Chapters 840, 850, and 870), citations and references in Chesapeake Bay Preservation Area Designation and Management Regulation (9VAC25-830); General VPDES Permit for Discharges of Stormwater from Construction Activities (9VAC25-880); and General VPDES Permit for Discharger of Stormwater from Small Municipal Separate Storm Sewer Systems (9VAC25-890) are being revised to reference the new Chapter 875 citations.

DEQ seeks public comment on the draft Virginia Erosion and Stormwater Management Regulation prior to presenting them to the Board for final adoption.  DEQ will prepare a written summary of comments received on the draft regulation and the agency’s responses prior to presenting the regulation to the Board for adoption.

The ninth enactment in the Consolidation Bill exempts the regulations that are adopted to implement the Acts from the requirements of Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act (§ 2.2-4000 et seq.) of the Code of Virginia. 

The draft regulatory language for public comment and additional information is available from the DEQ website at: https://www.deq.virginia.gov/water/stormwater.

Public Hearing

In accordance with the Notice of Intended Regulatory Action (35:12 VA.R. 1399 February 4, 2019), DEQ will hold a hearing 10:00 AM on Wednesday, March 15, 2023 in the Bank of America Building, 3rd Floor Conference Room, 1111 East Main Street, Richmond, Virginia 23219. 

Public Comment Period

February 8, 2023, to April 10, 2023.

How to Comment

Anyone wishing to submit comments may do so through the Public Comment Forums feature of the Virginia Regulatory Town Hall web site at: https://townhall.virginia.gov.  Members of the public may also submit comments by mail, email or fax to Scott Van Der Hyde, P.O. BOX 1105, Richmond, VA  23218, or hand delivery 1111 East Main Street, Suite 1400, Richmond, Virginia, 23219, phone: 804-659-1541, FAX: 804-698-4178, email: scott.vanderhyde@deq.virginia.gov.

DEQ will accept written and oral comments at the public hearing.

All comments must be received by DEQ during the comment period. 

Written comments must include the name, organization represented (if any), mailing address or email address, and telephone number of the commenter.