Virginia Regulatory Town Hall View Comments

Department of Environmental Quality

State Water Control Board

Guidance Document Change: The Virginia Stormwater Management Handbook, Version 1.0 (Handbook) provides guidance to implement water quantity and water quality criteria in the Virginia Erosion and Stormwater Management Regulation, 9VAC25-875, effective July 1, 2024. The Handbook replaces nine guidance documents, listed below, that the Department of Environmental Quality (DEQ) plans to rescind effective July 1, 2025: 1. Virginia Erosion and Sediment Control Handbook, Third Edition, 1992 2. Virginia Stormwater Management Handbook, First Edition, 1999 3. Guidance Document on VSMP Site Inspection Strategies 4. Guidance Document on Utilization of Nonpoint Nutrient Offsets 5. Guidance Memo No. 14-2002 Implementation Guidance for the 2009 General Permit for Discharges of Stormwater from Construction Activities, 9VAC25-880 6. Guidance Memo No. 14-2014 Implementation Guidance for Section 47 (time limits on applicability of approved design criteria) and Section 48 (grandfathering) 7. Guidance Memo No. 15-2003 Postdevelopment SW Mgmt Implementation Guidance for Linear Utility Projects 8. Guidance Memo No. 22-2011 Streamlined Plan Review for Construction Stormwater Plans and Erosion and Sediment Control Plans submitted by a Licensed Design Professional and reviewed by a Dual Combined Administrator for Erosion and Sediment Control and Stormwater Management 9. Guidance Memo No. 22-2012 Stormwater Management and Erosion & Sediment Control Design Guide The reason that the guidance documents will be rescinded effective July 1, 2025, through a separate Town Hall notice, is that they have been incorporated into the Handbook to reduce complexity and improve the ease of use. A one-year transition period allows plans and permit applications submitted between July 1, 2024 and June 30, 2025 to utilize either the existing manuals, handbooks and guidance or the Virginia Stormwater Management Handbook, Version 1.0. The Handbook is available as a Portable Document Format (pdf) file and online at https://online.encodeplus.com/regs/deq-va/index.aspx. Due to the large file size and number of pages in the Handbook, DEQ recommends using the web-based version to review it and submit comments. Chapters, best management practice specifications, and other information from the Handbook may be downloaded from the website as pdf files. Written comments on the Handbook may be submitted directly through the enCodePlus website that is hosting the handbook, as well as through the Town Hall website, and by email to the contact address provided with this notice. Instructions for submitting comments through the host website are available from the “Comment” link on the webpage banner. DEQ will use comments received during this forum and after the Handbook becomes effective to maintain its content consistent with the process for updates and revisions described in Chapter 1: Introduction. DEQ formed a Stakeholders Advisory Group (SAG) to help develop the Handbook and its content. The SAG met 12 times between July 2022 and October 2023. Members of the SAG were provided an opportunity review and provide feedback on a draft version of the Handbook during November 2023. DEQ reviewed and revised the draft Handbook based on the feedback SAG members provided. Handbook Version 1.0 reflects those revisions. Two Excel spreadsheets with comments SAG members submitted on the draft version of the Handbook, and responses to those comments, are available from the DEQ website at: https://www.deq.virginia.gov/our-programs/water/stormwater/stormwater-construction/handbooks under the Virginia Stormwater Management Handbook, Version 1.0 banner.

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3/27/24 3:57 pm

Commenter: Jeff Sledjeski, OSE

Infiltration and Single-Family Homes

Stormwater is Wastewater. For nearly a century homeowners without access to public utilities has used an onsite wastewater disposal system utilizing the onsite soils as a receiving environment for their septic wastewater. Stormwater moves through the soil the exact same way and has the bonus of no pretreatment requirements. But, instead of relying on soil scientists and the Department of Environmental Health, the General Assembly decided to give this responsibility to the DEQ and the PE community. This is self-evident from the reliance on the wrong ASTM Protocol (D1452 instead of D5921), testing guidelines, sizing, components, etc.

I work in both the worlds of Environmental Health and Quality. When I point out these projects on job sites to EHS's and licensed Installers and explain them they all shake their heads and laugh. It also stuns them that these BMPs cost 2 to 3 times as much as the septic disposal systems. But they will say nothing official because "it is not an Environmental Health issue".

The General Assembly needs to postpone enforcing the BMP requirements for single family homes until Phase II of the CBAY W.I.P. can be rewritten. The artificial barrier between Environmental Health and Quality needs to be removed so both can work together. Even better would be transferring responsibility for Environmental Health from VDH to DEQ. We can also start relying on the Soil Science Community for their valuable input by removing the exemption that allows members of APELSCIDLA to practice Soil Science without a license. In the meantime, the existing SWM and E&S controls will still protect the Bay.

CommentID: 222407