V. VESCP/VSMP and VESCP and VSMP

Authority

General Stormwater Training Workshop

Topics• Review the Virginia Stormwater Act in

relation to the establishment of VSMPs and VSMP Authorities

• Look at how the Integration Bill impacts local programs in E&S

and Stormwater

House Bill 1065 (Integration Bill)(Re)Defines Local Program and Local Program Authority in the Erosion and Sediment Control Law, the Stormwater Management Act and the Chesapeake Bay Act.

How?

Before House Bill 1065After

V.S.

Erosion and Sediment Control

In the BeginningThe VESCL defines a “Local Erosion and Sediment Control Program” as: “… an outline of the various methods employed by a program authority to regulate land-disturbing activities and thereby minimize erosion and sedimentation in compliance with the state program and may include such items as local ordinances, policies and guidelines, technical materials, inspections, enforcement and evaluation.”

“Virginia Erosion and Sediment Control Program,” or ‘VESCP,”

means a program approved by the Board that has been established by a VESCP authority for the effective control of soil erosion, sediment deposition, and non-agricultural runoff associated with a land-disturbing activity to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources and shall include such items where applicable as local ordinances, rules, permit requirements, annual standards and specifications, policies and guidelines, technical materials, and requirements for plan review, inspection, enforcement where authorized in this article, and evaluation consistent with the requirements of this article and its associated regulations.

“Virginia Erosion and Sediment Control Program authority,” or “VESCP authority,”

means an authority approved by the Board to operate a Virginia Erosion and Sediment Control Program. An authority may include a state entity, including the Department; a federal entity; a district, county, city, or town; or for linear projects subject to annual standards and specifications, electric, natural gas and telephone utility companies, interstate and intrastate natural gas pipeline companies, railroad companies, or authorities created pursuant to § 15.2-5102.

VSMP

In the BeginningThe VSA defines a “Local Stormwater Management Program” as: “… the various methods employed by a locality to manage the quality and quantity of runoff resulting from land disturbing activities and shall include such items as local ordinances, permit requirements, policies and guidelines, technical materials, inspections, enforcement and evaluation consistent with this article”

In the BeginningThe VSA defines the “VSMP” as: “… the Virginia program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits , and imposing and enforcing requirements pursuant to the federal Clean Water Act and this article.”

"Virginia Stormwater Management Program" or "VSMP"

means a program approved by the Board after September 13, 2011, that has been established by a VSMP authority to manage the quality and quantity of runoff resulting from land-disturbing activities and shall include such items as local ordinances, rules, permit requirements, annual standards and specifications, policies and guidelines, technical materials, and requirements for plan review, inspection, enforcement, where authorized in this article, and evaluation consistent with the requirements of this article and associated regulations.

"VSMP authority"means an authority approved by the Board after September 13, 2011, to operate a Virginia Stormwater Management Program or, until such approval is given, the Department. An authority may include a locality; state entity, including the Department; federal entity; or, for linear projects subject to annual standards and specifications in accordance with subsection B of § 10.1-603.5, electric, natural gas, and telephone utility companies, interstate and intrastate natural gas pipeline companies, railroad companies, or authorities created pursuant to § 15.2-5102.

§ 10.1-603.3. Establishment of Virginia stormwater management programs.A. All Counties, Cities and MS4 Towns must adopt a

VSMPB. Non-MS4 Towns have an option to adopt a VSMP or

be subject to the County VSMPC. Spells out DCR’s role (grants, technical assistance,

and training)D. DCR to provide a model ordinanceE. When applicable, VSMP should be administered in

combination with MS4 and VESCP

§ 10.1-603.3. Establishment of Virginia stormwater management programs.F. State and Federal Entities, Linear Projects and Public

Service Authorities may adopt a VSMPG. VSMPs will need to be approved by the BoardH. Allows the VSMP authority to enter into agreements

with other entities (SWCD’s, PDC’s, other localities, consultants)

I. Localities shall issue a consolidated stormwater and E&SC Permit

§ 10.1-603.3. Establishment of Virginia stormwater management programs.J. Requires State Permit coverage before issuing local

land-disturbance approvalK. Approved VSMPs are considered consistent with the

stormwater management requirement of the CBPAL. Requires VSMP authority compliance with the ESCLM. Effective date of VSMPs is July 1, 2014

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