TITLE 9. ENVIRONMENT
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Final Regulation
REGISTRAR'S NOTICE: The State Water Control Board is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law or the appropriation act where no agency discretion is involved. The board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.
Title of Regulation: 9VAC25-875. Virginia Erosion and Stormwater Management Regulation (amending 9VAC25-875-300).
Statutory Authority: §§ 62.1-44.15:28 and 62.1-44.15:55 of the Code of Virginia.
Effective Date: September 25, 2024.
Agency Contact: Rebeccah W. Rochet, Deputy Director, Division of Water Permitting, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 801-2950, or email rebeccah.rochet@deq.virginia.gov.
Background: Chapters 68 and 758 of the 2016 Acts of Assembly prohibit a locality that does not operate a Virginia Stormwater Management Program from approving an erosion and sediment control plan for a project until the Department of Environmental Quality (DEQ) has issued stormwater permit coverage for the project. However, another provision in this law prohibits DEQ from issuing stormwater permit coverage for a project until the locality has approved the erosion and sediment control plan for the project. This creates a situation disallowing the issuance of land-disturbing approval.
Summary:
Chapters 5 and 104 of the 2024 Acts of Assembly revise § 62.1-44.15:55 of the Code of Virginia resolving a conflict in statute and creating a process where a locality reviews and approves an erosion and sediment control plan, then obtains evidence of stormwater permit coverage before issuing a land-disturbance approval. The amendments conform regulation to statute.
9VAC25-875-300. Plan review requirements.
A. The VESCP authority shall review erosion and sediment control plans that detail the criteria, techniques, and methods as defined in 9VAC25-875-550 for land-disturbing activities described in 9VAC25-875-560. Activities not required to comply with VESCL are defined in 9VAC25-875-280.
B. When determined the VESCP authority determines that the plan meets the minimum criteria, techniques, and methods as defined in 9VAC25-875-550, the VESCP authority shall review erosion and sediment control plans submitted and grant written approval within 60 days of the receipt of the plan.
C. When the VESCP authority determines a plan is inadequate, written notice stating the specific reasons for disapproval shall be communicated to the applicant within 45 days. The notice shall specify the modifications, terms, and conditions that are necessary for approval of the plan. If no action is taken by the VESCP authority within 45 days, the plan shall be deemed approved and the proposed activity authorized. The VESCP authority shall act on any erosion and sediment control plan that has been previously deemed inadequate within 45 days after receipt of a revised plan if deemed adequate.
D. For sites requiring coverage under the General VPDES Permit for Discharges of Stormwater from Construction Activities, the VESCP authority shall obtain evidence of such permit coverage from the department's online reporting system prior to approving the erosion and sediment control plan issuing a land-disturbance approval.
E. The person responsible for carrying out the plan shall provide to the VESCP authority the name of an individual holding a certificate to the VESCP authority who will be in charge of and responsible for carrying out the land-disturbing activity. However, the VESCP authority may waive the Responsible Land Disturber Certificate requirement for an agreement in lieu of a plan in accordance with § 62.1-44.15:55 of the Code of Virginia.
F. The VESCP authority may require approval of an erosion and sediment control plan for any land identified as an erosion impact area in accordance with § 62.1-44.15.55 of the Code of Virginia.
G. All erosion and sediment control structures and systems shall be maintained, inspected, and repaired as needed to ensure continued performance of their intended function. A statement describing the maintenance responsibilities of the individual responsible for carrying out the land-disturbing activity shall be included in the approved erosion and sediment control plan.
VA.R. Doc. No. R25-7901; Filed July 24, 2024