Title of Regulation: 4VAC50-60. Virginia Stormwater Management Program (VSMP) Permit Regulations (amending 4VAC50-60-700, 4VAC50-60-720 through 4VAC50-60-840; adding 4VAC50-60-825; repealing 4VAC50-60-710).

Statutory Authority: § 10.1-603.2:1 of the Code of Virginia.

Public Hearing Information:

June 30, 2009 - 7 p.m. - Hungry Mother State Park, Hemlock Haven Conference Center, 380 Hemlock Haven Lane, Marion, VA

July 1, 2009 - 7 p.m. - Augusta County Government Center, Board of Supervisors Meeting Room, 18 Government Center Lane, Verona, VA

July 7, 2009 - 7 p.m. - City of Manassas, City Council Chambers, 9027 Center Street, Manassas, VA

July 9, 2009 - 7 p.m. - City of Hampton, City Council Chambers, 22 Lincoln Street, 8th Floor, Hampton, VA

July 14, 2009 - 7 p.m. - Virginia General Assembly Building, 910 Capitol Street, Senate Room B, Richmond, VA

Public Comments: Public comments may be submitted until 5 p.m. on August 21, 2009.

Agency Contact: David C. Dowling, Policy, Planning, and Budget Director, Department of Conservation and Recreation, 203 Governor Street, Suite 302, Richmond, VA 23219, telephone (804) 786-2291, FAX (804) 786-6141, or email david.dowling@dcr.virginia.gov.

Basis: The Virginia Stormwater Management Program was created by Chapter 372 of the 2004 Virginia Acts of Assembly (HB1177). This action transferred the responsibility for the permitting programs for Municipal Separate Storm Sewers (MS4s) and construction activities from the State Water Control Board and the Department of Environmental Quality to the Virginia Soil and Water Conservation Board and the Department of Conservation and Recreation. This federally authorized program is administered in accordance with requirements set forth in the federal Clean Water Act (33 USC § 1251 et seq.) as well as the Virginia Stormwater Management Act (§ 10.1-603.1 et seq. of the Code of Virginia).

Section 10.1-603.2:1 of the Code of Virginia speaks to the powers and duties of the Virginia Soil and Water Conservation Board. Subdivision 2 of § 10.1-603.2:1 of the Code of Virginia authorizes the Virginia Soil and Water Conservation Board to delegate to the department or an approved locality the implementation of the Virginia Stormwater Management Program. Section 10.1-603.3 of the Code of Virginia (as it will read effective July 1, 2009) requires establishment of stormwater management programs by localities. The board must amend, modify, or delete provisions of the Virginia Stormwater Management Program (VSMP) Permit Regulations to allow localities to implement local stormwater management programs. Additionally, enactment clause 2 of Chapter 18 of the 2009 Virginia Acts of Assembly stipulates that "the regulation that establishes local program criteria and delegation procedures and the water quality and water quantity criteria, and that is referenced in subsections A and B of § 10.1-603.3 of this act, shall not become effective prior to July 1, 2010."

In order to properly pay for these local stormwater management programs and to fund the Department of Conservation and Recreation's necessary program oversight, the Stormwater Management Act, subdivision 5 of § 10.1-603.4 of the Code of Virginia allows for the establishment of a statewide permit fee at a level sufficient to carry out the program. The current fees will be evaluated and necessary increases or decreases made to implement this section of the Code of Virginia. Additionally, the Stormwater Management Act in subdivision 10 of § 10.1-603.4 of the Code of Virginia allows for the establishment of MS4 fees.

Also, requirements set forth in the federal Clean Water Act (33 USC § 1251 et seq.), formally referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972, P. L. 92-500, as amended by P. L. 95-217, P. L. 95-576, P. L. 96-483, and P. L. 97-117, or any subsequent revisions thereto, and its attendant regulations set forth in 40 CFR Parts 122, 123, 124 and 125 requires states to establish a permitting program for the management of stormwater for municipal separate storm sewer systems (MS4s) and construction activities disturbing greater than or equal to an acre.

Purpose: The stormwater management program funded through the fees authorized pursuant to this regulatory action is necessary to address water quality within the Commonwealth. Controlling stormwater runoff and its impacts is a serious issue facing the Commonwealth and its local governments. Citizens are complaining about flooding caused by increased amounts of stormwater runoff and the runoff is also reported as a contributor to excessive nutrient enrichment in numerous rivers, lakes, and ponds throughout the state, as well as a continued threat to estuarine waters and the Chesapeake Bay. Numerous studies have documented the cumulative effects of urbanization on stream and watershed ecology. Research has established that as impervious cover in a watershed increases, stream stability is reduced, habitat is lost, water quality becomes degraded, and biological diversity decreases largely due to stormwater runoff. We recognize that impervious areas decrease the natural stormwater purification functions of watersheds and increase the potential for water quality impacts in receiving waters. Additionally, runoff from managed turf is recognized as a significant source of pollutants.

The purpose of this proposed action is to develop regulations that establish statewide stormwater permit fees at a level sufficient to carry out the stormwater management program per subdivision 5 of § 10.1-603.4 of the Code of Virginia and to revise the related provisions in the regulations, as needed, to improve the administration and implementation of fees under the Virginia Stormwater Management Act (§ 10.1-603.2 et seq. of the Code of Virginia).

The fees that are in effect under the current VSMP regulations were transferred over with the stormwater program from the Department of Environmental Quality in 2005 and are essentially only minimal processing fees. These fees are proposed to be amended in this regulatory action, as they are insufficient for the operation of a local program and for necessary program oversight.

• Per the Code of Virginia, the fees need to be set at level sufficient to cover expenses associated with all portions of the administration of the Commonwealth's stormwater management permit program.

• The proposed fees are estimated to appropriately cover the costs of the key elements of administering a stormwater program: plan review, permit review and issuance, inspections, enforcement, program administration and oversight, and travel. The permit fee also includes costs associated with department oversight functions and database management.

• The construction fees are based on the area being disturbed. Administrative expenses routinely increase with the size of the project. When the higher fees are put on a per lot basis, they do not result in a large increase per lot. Such increases will most likely be passed on to the consumer as part of doing business.

• The annual maintenance fees have been established to allow local programs to recoup inspection and enforcement expenses for a project that has not been completed and terminated within the first year. Additionally, modification fees are added to allow a local program to recover expenses associated with significant plan modifications that require review.

• The CPI-U annual increase was added to provide a mechanism to ensure that fees keep pace with the costs of doing business.

• Localities may establish lower construction fees for their program if they can demonstrate their ability to fully and successfully implement a qualifying program at a lower rate or from a different funding source.

• The municipal separate storm sewer system (MS4) fees have been set at a level sufficient to provide oversight to regulated entities MS4 programs and to allow for implementation plan review, report review, and enforcement.

The fees are necessary, as the sole funding source, to support work to minimize the cumulative impacts of stormwater on humans and the environment and to moderate the associated hydrologic impacts. If not properly managed, stormwater can have significant economic impacts and the stream restoration costs to fix the problems after the fact are very costly. Without the fees generated through this regulatory action, local programs could not be properly administered.

This action is necessary to establish sufficient fees to fund the implementation and oversight of stormwater management programs by both localities and the Department of Conservation and Recreation. Such stormwater management programs are being established through a parallel regulatory action (Parts I, II, and III) and are essential to protect the general health, safety, and welfare of the citizens of the Commonwealth from the potential harm of unmanaged stormwater.

Substance: This proposed regulatory action establishes a statewide fee schedule for stormwater management and state agency projects and establishes the fee assessment and the collection and distribution systems for those fees.

• Construction permit fees are proposed to be established at a level to allow a local program to cover stormwater program costs associated with plan review, permit review and issuance, inspections, enforcement, program administration and oversight, and travel. Fees also include costs associated with department oversight functions and database management.

• 50% of the construction fees are due upon application and the remaining 50% at issuance of coverage.

• The construction fees are split 72% to the local program and 28% to the department.

• Localities may establish lower construction fees for their program if they can demonstrate their ability to fully and successfully implement a qualifying program at a lower rate or from a different funding source.

• The construction fees shall be periodically assessed and revised as necessary through regulatory actions.

• Permit fees are established for:

Municipal Separate Storm Sewer Systems new coverage (Individual and General Permit)

Municipal Separate Storm Sewer Systems major modifications (Individual)

Construction activity coverage (Individual and General Permit) (based on project acreage)

Construction activity modifications or transfers (Individual and General Permit) (For those permits that require significant additional administrative expenses such as additional plan reviews, etc.)

MS4 and Construction activity annual permit maintenance fees (Individual and General Permit) (For those projects that have not been completed and terminated within a year, allows for recovery in the out years of expenses associated with inspection, enforcement, etc.)

• Allows for an annual increase in fees based on the CPI-U. (Not to exceed 4.0% per annum without formal action by the board.)

Issues: The primary advantage of this regulatory change for the public is an enhanced statewide stormwater management program that will be properly funded and administered at the local level. This will result in improved compliance with the VSMP regulations and thus improved water quality. The regulated community will also benefit from properly funded and staffed local stormwater management programs, as local administration will improve efficiency and service over today's scenario of erosion and sediment control being administered by the locality and stormwater management being administered by the department. By developing the fee structure based upon the estimated actual costs of administering a local stormwater management program, there is not expected to be any disadvantage to localities or to the department from the fees associated with permits for construction activities.

The primary disadvantage of this proposed regulation is increased permit fees for the regulated community. Today's fees for permits associated with construction activities are set at levels insufficient to support the vast majority of responsibilities associated with administering a stormwater management program. The fees proposed by this regulatory action, while in many cases are higher than the current fees, will allow for proper funding of permit oversight and service. In addition to the increased proposed initial issuance permit fees, annual maintenance fees have been created for the Construction General Permit (by acreage), and for the Construction Individual Permit.

The fees proposed by this regulatory action for municipal separate storm sewer systems (MS4s) are, like the construction activity permitting fees, based on the estimated actual costs of permit administration. For Large and Medium MS4s (Individual Permit), the estimation has resulted in a lower proposed initial issuance permit fee than currently exists. For Small MS4 Individual Permit and for the Small MS4 General Permit, the proposed regulations do include an increased fee. Additionally, MS4 annual maintenance fees have been increased for the MS4 Individual Permit (Large and Medium) and the MS4 Individual Permit (Small) and created for the MS4 General Permit.

The Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Virginia Stormwater Management Program was created by Chapter 372 of the 2004 Virginia Acts of Assembly (HB1177). This transferred the responsibility for the permitting programs for Municipal Separate Storm Sewers (MS4s) and construction activities from the State Water Control Board and the Department of Environmental Quality to the Virginia Soil and Water Conservation Board and the Department of Conservation and Recreation. This federally-authorized program is administered in accordance with requirements set forth in the federal Clean Water Act (33 USC § 1251 et seq.) as well as the Virginia Stormwater Management Act (§ 10.1-603.1 et seq.).

In a separate action, the Virginia Soil and Water Conservation Board (Board), with the assistance of the Virginia Department of Conservation and Recreation (DCR), proposes a comprehensive revision of Virginia's regulations regarding the control and treatment of stormwater runoff from land development activities. The Board proposes to amend the technical criteria applicable to stormwater discharges from construction activities, establishes minimum criteria for locality-administered stormwater management programs (qualifying local programs) and Department of Conservation and Recreation (Department) administered local stormwater management programs, as well as authorization procedures and review procedures for qualifying local programs, and amends the definitions section applicable to all of the Virginia Stormwater Management Program (VSMP) regulations.

With regard to technical criteria applicable to stormwater discharges from construction activities, revised water quality and water quantity requirements are proposed to be included in Part II of the regulations. Water quality requirements include a 0.28 lbs/acre/year phosphorus standard for new development, a requirement that total phosphorus loads be reduced to an amount at least 20% below the pre-development phosphorus load on prior developed lands, and a requirement that control measures be installed on a site to meet any applicable wasteload allocation. Water quantity requirements include both channel protection and flood protection criteria. This action would also establish the minimum criteria and ordinance requirements (where applicable) for a Virginia Soil and Water Conservation Board (Board) authorized qualifying local program (Part IIIA) or for a Board-authorized Department-administered local stormwater management program (Part IIIB) which include, but are not limited to, administration, plan review, issuance of coverage under the General Virginia Stormwater Management Program (VSMP) Permit for Discharges of Stormwater from Construction Activities, inspection, enforcement, reporting, and recordkeeping. Part IIID establishes the procedures the Board will utilize in authorizing a locality to administer a qualifying local program. Part IIIC establishes the criteria the Department will utilize in reviewing a locality's administration of a qualifying local program.

Finally, the proposed action would make changes to definitions in Part I, which is applicable to the full body of the VSMP regulations. Unnecessary definitions are proposed to be deleted, needed definitions are proposed to be added, and many existing definitions are proposed to be updated.

This proposed action, which accompanies the aforementioned action, establishes a statewide fee schedule for stormwater management and state agency projects and establishes the fee assessment and the collection and distribution systems for those fees. Permit fees are established for: Municipal Separate Storm Sewer Systems (new coverage); Municipal Separate Storm Sewer Systems (major modifications); Construction activity general permit coverage; Construction activity individual permits, Construction activity modifications or transfers; and MS4 and Construction activity annual permit maintenance fees.

Note: most of the following analysis was directly taken from a report produced by Professor Kurt Stephenson of Virginia Tech and Bobby Beamer of BBeamer LLC. ¹

Result of Analysis. The benefits exceed the costs for one or more proposed changes. The costs likely exceed the benefits for one or more other proposed changes.

Estimated Economic Impact. The Board proposes modifications to the existing stormwater water quantity and quality requirements that will be applied to every land disturbing activity not exempted by state law (§ 10.1-603.8B).² Land disturbing activity subject to this regulation generally includes disturbances of 2,500 square feet or more in the Chesapeake Bay Preservation Act areas and disturbances of an acre or more elsewhere in the state (with some smaller areas included when a part of a larger common plan of development or sale).

The proposed regulations establish statewide water quality design criteria for land disturbing activities. For new land development projects, water quality plans must be designed so that the total phosphorus load shall not exceed 0.28 pounds per acre per year (4VAC50-60-63). The phosphorus load criterion was derived from Chesapeake Bay Tributary Strategies and reductions needed to achieve Bay-wide nutrient reductions derived from the Chesapeake Bay 2000 Agreement. The 0.28/lb/yr phosphorus design criteria represents the average per acre edge of field loading from agriculture, forest and mixed open land uses (estimated from Chesapeake Bay Program watershed model) if the 2005 tributary strategies input deck was fully implemented. For development that occurs on prior developed land, the designs must allow for the total phosphorus loads to be reduced by 20% below predevelopment levels. While the Chesapeake Bay Tributary Strategies called for phosphorus reductions exceeding 40%, a lower water quality criteria for redevelopment was chosen 1) to achieve additional load reductions from urban areas over existing regulations, and 2) to avoid higher barriers to redevelopment. No explicit sediment or nitrogen water quality design criteria were established because it was determined that the stormwater management practices used to achieve the necessary phosphorus reductions would also result in reductions of nitrogen, sediment, and other potential pollutants.

Compliance is determined by implementing control practices outlined in 4VAC50-60-65. The revisions provide three general ways to reduce phosphorus loads: 1) managing land use conversion (forest, turf, and impervious cover), 2) reducing runoff volumes, and 3) treatment of stormwater runoff. An initial list of best management practices that can be used to achieve the phosphorus criteria are listed in 4VAC50-60-65B. Other BMPs available to comply with the stormwater requirements are listed on the new Virginia Stormwater BMP Clearinghouse website (http://www.vwrrc.vt.edu/swc). The removal efficiency of each BMP includes phosphorus removal from treating the pollutant concentration in the stormwater as well as the percent removal achieved by preventing runoff from occurring (based upon 1 inch of rainfall, 90% storm). The addition of the runoff reduction potential of individual stormwater control practices reflects a substantive change over the existing regulation. Similar to existing practice, the calculation of phosphorus loads is based primarily on the "simple method" (see Virginia Stormwater Handbook) that relates phosphorus load to total impervious surface. The simple method calculation, however, is modified by adding phosphorus loading coefficients for turf and forest land cover. To assist in determining compliance, DCR has also developed an Excel stormwater compliance spreadsheet.

Water quantity control requirements (4VAC50-60-66) establish minimum standards for downstream flood protection and stream channel protection. The proposed regulation establishes different criteria based on the condition of the existing stormwater conveyance systems. Four general classifications of conveyance systems are identified: 1) man-made conveyance systems, 2) restored streams (designed to restore natural steam channels), 3) stable natural stream channels, and 4) unstable natural stream channels. For stream channel protection, general water quantity criteria are (4VAC50-60-66A):

• Man-made conveyance: stormwater releases following land disturbing activity conveys post-development peak flow from 2-year, 24-hour storm without causing erosion.

• Restored stream channel: runoff following land disturbing activity will not exceed design of the restored stormwater conveyance system or result in instability of that system.

• Stable natural stream channel: will not become unstable as a result of the peak flow from the 1-year, 24-hour storm and provides a developed peak flow rate equal to the pre-developed flow rate times the pre-developed runoff volume divided by the developed runoff volume.

• Unstable natural steam channel: runoff following a land-disturbing activity shall be released into a channel at or below a peak developed flow rate based on the 1-year 24-hour storm where the developed peak flow rate is equal to the peak flow rate from the site in a forested condition times the volume of runoff from the site in a forested condition divided by the developed runoff volume.

For flood protection, general water quantity criteria are (4VAC50-60-66B):

• Man-made conveyance must confine the post development peak flow rate from the 10-year, 24-hour storm.

• Restored stream channel: Peak flow rate from the 10-year, 24-hour storm following the land disturbance will be confined within the system.

• Natural stream channel that does not currently flood during a 10-year, 24-hour storm: Post development peak flow from the 10-year, 24-hour storm is confined within the system.

• Natural steam channel where localized flooding exists during a 10-year, 24-hour storm: Post development peak flow rate for 10-year, 24-hour storm shall not exceed predevelopment peak flow from the area under forested conditions.

These criteria do not have to be met under certain conditions where the land disturbance is small relative to the size of the drainage area or results in small contributions to overall peak flow (4VAC50-60-66 C). It is also possible that runoff volume reduction achieved through the implementation of water quality control practices would be sufficient to reduce or avoid the need for water quantity controls.

The proposed regulation allows, in certain situations, water quality and quantity objectives to be met offsite from the disturbed site. 4VAC50-60-65 F and G allow land disturbers to meet water quality criteria off-site. Specifically, the proposed regulations provide that off-site controls "shall achieve the required pollutant reductions either completely off-site in accordance with the plan or in a combination of on-site and off-site controls." In localities with an approved comprehensive watershed management plan (4VAC50-60-96), offset activities can occur within the same Hydrologic Unit Code (HUC)³ or any locally designated watershed. Without such a plan, offsite controls may be allowed, but must be located within the same HUC or adjacent downstream HUC to the land disturbing site (4VAC50-60-65 G 4). In addition, water quantity objectives could also be met offsite if a locality has a Board approved watershed stormwater management plan and equivalent off-site reductions are demonstrated. In areas with approved watershed plans, localities are also permitted to develop a pro rata fee program. Such a program allows land disturbers to pay a per unit fee ($ per pound of P) to meet all or a portion of a regulatory requirement. Fee funds must be used, by Virginia Code requirements (§ 15.2-2243), to fund actions to achieve equivalent results offsite. Local programs administered by DCR would not have a fee system and must confine water quality offset activities within, or adjacent to, the impacted HUC. Additionally, the regulations also provide for a request for an exception that may be granted by a local program in accordance with 4VAC50-60-122.

Linear (road) projects are also subject to the water quality and quantity requirements (4VAC50-60-76). Unless exempt from § 10.1-603.8 B, linear development projects shall "control post-development stormwater runoff in accordance with a site-specific stormwater management plan or a comprehensive watershed stormwater management plan developed in accordance with these regulations."

The proposed regulations also require a stormwater management plan for land disturbing activities. The plan applies the water quality and quantity technical criteria to the land disturbance (4VAC50-60-93).

Program Administration and Permitting: The proposed regulation establishes the requirements for local governments that are required to assume the primary authority to administer the provisions of the proposed regulations as well as for those localities that may elect to administer a program (4VAC50-60-104). DCR's aim is to encourage local governments (counties, cities, and towns) that are not required to administer a program to voluntarily assume this responsibility. Local governments developing a qualifying program must administer the stormwater program in accordance with general criteria outlined in Part III A. In general, a local qualifying program must provide technical criteria to be used in the qualifying local program; procedures for the submission and approval of stormwater management plans (4VAC50-60-108); assessment and collection of fees; inspection and monitoring of land disturbing activities (generally 4VAC50-60-114); procedures and policy for long-term inspection and maintenance of stormwater facilities (4VAC50-60-124); reporting and record keeping (4VAC30-60-126); and enforcement (4VAC30-60-116).

If the local government elects not to administer a program, DCR is required to assume the basic responsibilities of program implementation and administration described above (Part III B).

The regulations also define state oversight responsibilities for the Board and DCR. 4VAC50-60-159 describes the general procedure and requirements the Board must use for authorizing a locality to administer a stormwater management program. Once a locality is approved to administer a stormwater management program, 4VAC50-60-157 describes Board oversight of that program. The Board must review all administered stormwater programs a minimum of once every 5 years (including those administered by DCR). The review will generally consist of reviewing approved site development plans, inspection and enforcement activities, and fee accounting practices. The Board is authorized to pursue corrective actions for noncompliant local programs.

Summary of the estimated economic impact. The proposed revisions to Virginia stormwater regulations will likely produce improvements in the condition of receiving waters. The new emphasis on reducing runoff volumes can produce important benefits related to the condition of aquatic habitat by reducing the energy pulses produced during storm events. New water quantity control requirements also provide benefits in terms of additional flood protection and in-stream aquatic protection. Acknowledging and accounting for the runoff reduction potential of many types of stormwater control practices will increase compliance options and increase the effectiveness of state stormwater regulations.

The proposed regulatory revisions also impose more stringent stormwater water quality criteria. The proposed stormwater regulatory revisions will produce additional reductions in phosphorus and other effluent loads produced from urban land conversion (land use change to impervious cover and turf). Achieving additional improvements in the quality of stormwater will impose new costs on land development activities. In development case examples, the new water quality and quantity standards could be achieved on the development site. The cost of incremental reductions in nutrient loads from the application of stormwater controls, however, is high relative to other nutrient removal options. Uncertainties exist over the long-term cost and effectiveness of many stormwater control practices. The cost of achieving additional nutrient reductions in highly urban settings and other areas with site specific constraints is still uncertain but potentially high. The off-site and pro-rata provisions in the regulation offer opportunities to lower costs and enhance benefits to affected watersheds if properly implemented. The total incremental costs to the state of implementing additional stormwater control practices to meet the proposed regulatory changes could not be estimated at this time.

The proposed revisions apply the same water quality and quantity criteria across the entire state. New proposed stormwater water quality criteria was based on estimates of the nutrient reductions needed to achieve reductions called for in the Chesapeake Bay Tributary Strategies. Economic efficiency of the proposed regulation could be improved by applying differential water quality criteria in watersheds across the state based on the relative water quality benefits that can be achieved.

The proposed regulation will produce improvements in the stormwater permitting structure and will strengthen the administrative tools localities need to implement stormwater programs. While the proposed changes will increase the number and type of control practices that can be used, these changes will also increase the sophistication and resources needed for stormwater design and program administration. The greater expected use of smaller scale distributed practices could increase the costs of local stormwater management, particularly in terms of ensuring the long-term maintenance and performance of stormwater control practices over time. The local and state government cost to administer local stormwater programs will increase (rough estimates range between $13 and $17.5 million, but estimates are not final). State agency cost (DCR) for overall program administration will be a minimum of $3 million per year (estimates are not yet final). These costs are expected to be partially to fully covered by additional fees imposed on land disturbing permit applicants.

This proposed action includes the following fees per permit:

Project Size	Fee per Permit
Greater than or equal to 2,500 sq. ft. & less than 0.5 acres	$290
Greater than or equal to 0.5 acres & less than 1 acre	$1,500
Greater than or equal to 1 acre & less than 5 acres	$2,700
Greater than or equal to 5 acres & less than 10 acres	$3,400
Greater than or equal to 10 acres & less than 50 acres	$4,500
Greater than or equal to 50 acres & less than 100 acres	$6,100
Greater than or equal to 100 acres	$9,600

Based on information supplied by DCR and their own investigation, Stephenson and Beamer project a future average of 5,600 permits per year. Looking at a lower bound estimate of 3,000 permits, best estimated average of 5,600 permits, and an upper bound of 7,000 permits, Stephenson and Beamer estimate that the total annual permit fees collected would be approximately $9 million, $18 million, and $22 million, respectively. DCR would retain about 28 percent of those funds, with the rest going to local governments.

Further detail on estimated costs and benefits can be found in Stephenson and Beamer report, which is Appendix B in the Agency Background Document associated with this proposed action.

Businesses and Entities Affected. The general public and businesses throughout the Commonwealth benefit from additional stream channel and flood protection. Commercial and recreational fisheries benefit from improved water quality. Cleaner waters also benefit tourism-based businesses.

The proposed regulation revises water quality and quantity control requirements for land disturbing activities. As such, the proposed regulations will directly impact private land developers, public land developers, businesses, and homeowners. Virginia residents will also likely pay for the higher costs associated with local stormwater program requirements.⁴

Public agencies (such as state colleges and universities, state agencies, and municipalities) involved in public works and construction projects will also be required to comply with these requirements.

The direct expenditures (costs) associated with implementing the proposed stormwater requirements may increase upon the current demand for stormwater design and construction services. The comprehensive nature of the regulations and the additional technical requirements will necessitate the greater use of environmental consultants and engineers to design stormwater plans and oversee the implementation of stormwater practices. Businesses providing construction and earthmoving services will also be impacted.

Local governments and DCR are clearly affected by the changes in requirements as well.

Localities Particularly Affected. All Virginia localities are significantly affected by the proposed amendments.

Projected Impact on Employment. Since the comprehensive nature of the regulations and the additional technical requirements will necessitate the greater use of environmental consultants and engineers to design stormwater plans and oversee the implementation of stormwater practices, there will likely be more demand for their services and some increase in the value of associated firms.

Effects on the Use and Value of Private Property. Since the comprehensive nature of the regulations and the additional technical requirements will necessitate the greater use of environmental consultants and engineers to design stormwater plans and oversee the implementation of stormwater practices, there will likely be more demand for their services and some increase in the value of associated firms. Cleaner water may also add to the profitability of some commercial fisheries. Also, increased demand for stormwater design and construction services may result in higher value in some associated firms.

Private land developers across the state may face increased land development costs associated with these new regulations in many situations. A portion of those costs will be passed down to buyers of newly constructed properties, homeowners and businesses. Although maintenance of stormwater control facilities should be conducted under today's regulations, many commercial property owners and some residential property owners across the state may still face higher long-term costs associated with maintenance of stormwater control facilities because of the potential for the installation of a greater number of these facilities to meet the proposed requirements and higher maintenance costs associated with some types of BMPs. Virginia residents will also likely pay for the higher costs associated with local stormwater program requirements.

Small Businesses: Costs and Other Effects. Numerous small businesses, particularly those involved in aquaculture and tourism, will benefit from improved water quality. Those and other firms will benefit from reduced flooding risk. As alluded to above, stormwater design and construction services and environmental consultants and engineers will likely encounter greater demand for their services.

On the other hand, private land developers will face increased land development costs associated with these amended regulations, and a portion of those costs will be passed down to buyers of newly constructed properties including small businesses.

Small Businesses: Alternative Method that Minimizes Adverse Impact. This proposed action concerns the fee schedule associated with the proposed comprehensive revision of Virginia's regulations regarding the control and treatment of stormwater runoff from land development activities. Reducing the burden of the fees on small businesses would necessitate shifting the burden to other entities. If all aspects of the associated proposed comprehensive revision of Virginia's regulations regarding the control and treatment of stormwater runoff from land development activities are kept, then there is no clear alternative method that minimizes the adverse impact on small businesses that would not in turn just be a shifting of a commensurate burden to other entities.

Real Estate Development Costs. The proposed additional fees imposed on land disturbing permit applicants will commensurately increase real estate development costs.

Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Administrative Process Act and Executive Order Number 36 (06). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB's best estimate of these economic impacts.

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¹ Stephenson, K. and B. Beamer. December 31, 2008, "Economic Impact Analysis of Revisions to the Virginia Stormwater Regulation," Appendix B in the Agency Background Document associated with this proposed action.

² Exemptions under this regulation include land-disturbing activities generally associated with agricultural, forest, and mining activities (§ 10.1-603.8 B). Road projects may also be exempted if certain minimal impacts can be demonstrated.

³ Hydrologic Unit Code" or "HUC" means a watershed unit established in the most recent version of Virginia's 6th Order National Watershed Boundary Dataset. Sixth order HUC range in size from 10,000 to 40,000 acres. See http://www.dcr.virginia.gov/soil_&_water/hu.shtml

⁴ For localities with stormwater utilities, the increase in cost for stormwater control facilities long-term maintenance may be paid for by higher fees. Other localities would have to cover the higher costs through existing local and state revenue sources.

Agency's Response to the Department of Planning and Budget's Economic Impact Analysis: The Department of Conservation and Recreation (DCR) has reviewed the economic impact analysis (EIA) of the Virginia Soil and Water Conservation Board's proposed amendments to Part XIII of the Virginia Stormwater Management Program (VSMP) Permit Regulations (4VAC50-60) prepared by the Department of Planning and Budget (DPB) and generally concurs with the fee assessment while offering the following specific observations and or qualifications.

First, DCR notes that this action is closely tied to the proposed Part I, II, and III stormwater regulatory action as the fees generated are necessary to fund the local stormwater management programs established through that concurrent regulatory action. The fees that are in effect under the current VSMP regulations were transferred over with the stormwater program from the Department of Environmental Quality in 2005 and are essentially only minimal processing fees. The existing fees are proposed to be amended in this regulatory action as they are insufficient for the operation of a local program and for necessary program oversight. The proposed fees have been established using estimates of the time determined to be necessary for different sized projects for a local stormwater management program to conduct plan review, inspections (including stormwater pollution prevention plan (SWPPP) review and re-inspections), and enforcement; provide technical assistance; and issue permit coverage, and for DCR to provide oversight of the Commonwealth's stormwater management program. The public will benefit from an enhanced statewide stormwater management program that will be properly funded and administered at the local level. This will result in improved compliance with the VSMP regulations and thus improved water quality. The regulated community will also benefit from properly funded and staffed local stormwater management programs, as local administration will improve efficiency and service over today's scenario of erosion and sediment control being administered by the locality and stormwater management being administered by the department. DCR also notes that a wealth of additional information regarding the proposed fees in this regulatory action, including how they are calculated, is presented in the detailed Agency Statement document (TH-02 form) accompanying this regulatory action.

Second, the EIA specifies that "[b]ased on information supplied by DCR and their own investigation, Stephenson and Beamer¹ project a future average of 5,600 permits per year. Looking at a lower bound estimate of 3,000 permits, best estimated average of 5,600 permits, and an upper bound of 7,000 permits, Stephenson and Beamer estimate that the total annual permit fees collected would be approximately $9 million, $18 million, and $22 million, respectively." DCR spent considerable time in its analyses in the Agency Statement refining the estimate of the number of permits that are expected to be issued when the regulations are implemented and the revenue that would need to be generated to cover program costs. DCR, after taking the data from several sources under consideration and the significantly slowing economy, and recognizing that an overestimate of the permits to be expected in the future could lead to severe revenue shortfalls and an inability of both localities and the department to cover program administration costs (if proposed permit fees were further lowered), selected 5,000 permits as a reasonable estimate of the number of expected permits annually going forward (unless there is further erosion of the economy). This calculation is fundamental to both local and state staffing calculations as well as the right-sizing of the proposed fees to cover costs. DCR estimates that the revenue from the proposed fees will be approximately $14.7 million to be used by localities to administer 103 local stormwater management programs and by DCR to administer 74 local stormwater management programs (consolidation of 222 localities) as well as to conduct construction program oversight and MS4 program management. The estimated fee revenue generated compares closely with the $14.9 million estimate in combined program administration costs.

Finally, DCR emphasizes that the proposed fees are necessary, as the sole funding source, to support work to minimize the cumulative impacts of stormwater on humans and the environment and to moderate the associated hydrologic impacts. If not properly managed, stormwater can have significant economic impacts and the stream restoration costs for fixing the problems after the fact are very costly. Without the fees generated through this regulatory action, local programs could not be properly administered. Per the Code, the fees need to be set at level sufficient to cover expenses associated with all portions of the administration of the Commonwealth's stormwater management permit program.

______________________________________

¹ Stephenson, K. and B. Beamer. December 31, 2008, "Economic Impact Analysis of Revisions to the Virginia Stormwater Regulation," Appendix B in the Agency Background Document associated with this proposed action.

Summary:

This proposed regulatory action establishes a statewide fee schedule for stormwater management and state agency projects and establishes the fee assessment and the collection and distribution systems for those fees. Permit fees are established for: Municipal Separate Storm Sewer Systems (new coverage); Municipal Separate Storm Sewer Systems (major modifications); Construction activity general permit coverage; Construction activity individual permits; Construction activity modifications or transfers; and MS4 and Construction activity annual permit maintenance fees.

This action is closely tied to the proposed Parts I, II, and III action of this chapter as the fees generated are necessary to fund the local stormwater management programs established through that concurrent regulatory action. The fees have been established using estimates of the time determined to be necessary for different sized projects for a local stormwater management program to conduct plan review, for inspections (including stormwater pollution prevention plan (SWPPP) review and re-inspections), for enforcement, to provide technical assistance, to issue permit coverage, and for the Department of Conservation and Recreation to provide oversight of the Commonwealth's stormwater management program.

The necessary proposed permit fee levels were arrived at through discussions of a subcommittee of the technical advisory committee and discussions with the overall technical advisory committee and through corroboration of the costs of conducting the various components of program implementation with Department of Conservation and Recreation stormwater field staff and with local government program personnel.

Part XIII
Fees

4VAC50-60-700. Purpose.

Sections 10.1-603.4 and 10.1-603.5 of the Code of Virginia authorize the establishment of a statewide fee schedule for stormwater management and state agency projects for land-disturbing activities and for municipal separate storm sewer systems. These regulations in this This part establish establishes the fee assessment and the collection system and distribution systems for those fees. The fees associated with individual permits or coverage under the General Permit for Discharges of Stormwater From Construction Activities (permits for stormwater management for land-disturbing activities) issued by a qualifying local program or a department-administered local stormwater management program that has been approved by the board shall include costs associated with plan review, permit review and issuance, inspections, enforcement, program administration and oversight, and database management. Fees shall also be established for permit maintenance, modification, and transfer.

Should a qualifying local program demonstrate to the board its ability to fully and successfully implement a qualifying local program without a full implementation of the fees set out in this part, the board may authorize the administrative establishment of a lower fee for that program provided that such reduction shall not reduce the amount of fees due to the department for its program oversight and shall not affect the fee schedules set forth herein.

As part of its program oversight, the department shall periodically assess the revenue generated by both the localities and the department to ensure that the fees have been appropriately set and the fees may be adjusted through periodic regulatory actions should significant deviations become apparent. The department may make such periodic adjustments in addition to the annual fee increases authorized by 4VAC50-60-840.

4VAC50-60-710. Definitions. (Repealed.)

The following words and terms used in this chapter have the following meanings:

"Permit applicant" means for the purposes of this part any person submitting a permit application for issuance, reissuance, or modification, except as exempted by 4VAC50-60-740, of a permit or filing a registration statement or permit application for coverage under a general permit issued pursuant to the Act and this chapter.

"Permit application" means for the purposes of this part the forms approved by the Virginia Soil and Water Conservation Board for applying for issuance or reissuance of a permit or for filing a registration statement or application for coverage under a general permit issued in response to the Act and this chapter. In the case of modifications to an existing permit requested by the permit holder and not exempted by 4VAC50-60-740, the application shall consist of the formal written request and any accompanying documentation submitted by the permit holder to initiate the modification.

4VAC50-60-720. Authority.

The authority for this part is pursuant to §§ 10.1-604.4 §§ 10.1-603.4 and 10.1-603.4:1 of the Code of Virginia and enactment clause 7 governing the transfer of the relevant provisions of Fees for Permits and Certificates Regulations, 9VAC25-20, in accordance with Chapter 372 of the 2004 Virginia Acts of Assembly.

4VAC50-60-730. Applicability.

A. This part applies to:

1. All permit applicants for issuance of persons seeking coverage of a MS4 under a new permit or reissuance of an existing permit, except as specifically exempt under 4VAC50-60-740 A. The fee due shall be as specified under 4VAC50-60-800 or 4VAC50-60-820.

2. All permittees operators who request that an existing MS4 individual permit be modified, except as specifically exempt under 4VAC50-60-740 A 1 of this chapter. The fee due shall be as specified under 4VAC50-60-810.

3. All persons seeking coverage under the General Permit for Discharges of Stormwater From Construction Activities or a person seeking an Individual Permit for Discharges of Stormwater From Construction Activities. The fee due shall be as specified under 4VAC50-60-820.

4. All permittees who request modifications to or transfers of their existing registration statement for coverage under a General Permit for Discharges of Stormwater From Construction Activities or of an Individual Permit for Discharges of Stormwater From Construction Activities. The fee due shall be as specified under 4VAC50-60-825 in addition to any additional fees necessary pursuant to 4VAC50-60-820 due to an increase in acreage.

B. An applicant for a permit involving a permit that is to be revoked and reissued Persons who are applicants for an individual VSMP Municipal Separate Stormwater Sewer System permit as a result of existing permit revocation shall be considered an applicant for a new permit. The fee due shall be as specified under 4VAC50-60-800.

Persons whose coverage under the General Permit for Discharges of Stormwater From Construction Activities has been revoked shall reapply for an Individual Permit for Discharges of Stormwater From Construction Activities. The fee due shall be as specified under 4VAC50-60-820.

C. Permit and permit coverage maintenance fees may apply to each Virginia Stormwater Management Permit (VSMP) permit holder. The fee due shall be as specified under 4VAC50-60-830.

4VAC50-60-740. Exemptions.

A. No permit application fees will be assessed to:

1. Permittees who request minor modifications or minor amendments to permits as defined in 4VAC50-60-10 or other minor amendments at the discretion of the local stormwater management program.

2. Permittees whose permits are modified or amended at the initiative of the permit-issuing authority. This does not include errors in the registration statement identified by the local stormwater management program or errors related to the acreage of the site.

B. Permit modifications at the request of the permittee resulting in changes to stormwater management plans that require additional review by the local stormwater management program shall not be exempt pursuant to this section and shall be subject to fees specified under 4VAC50-60-825.

4VAC50-60-750. Due dates for Virginia Stormwater Management Program (VSMP) Permits.

A. Permit application fees for all new permit applications are due on the day a permit application is submitted and shall be Requests for a permit, permit modification, or general permit coverage shall not be processed until the fees required pursuant to this part are paid in accordance with 4VAC50-60-760. Applications will not be processed without payment of the required fee.

B. A permit application fee is due on the day a permit application is submitted for a major modification that occurs (and becomes effective) before the stated permit expiration date. There is no application fee for a major modification or amendment that is made at the permit-issuing authority's initiative.

C. Permit B. Individual permit or general permit coverage maintenance fees shall be paid annually to the permit-issuing authority by October 1 of each year department or the qualifying local program, as applicable, by the anniversary date of individual permit issuance or general permit coverage. No permit will be reissued or automatically continued without payment of the required fee. Individual permit or general permit coverage maintenance fees shall be applied until a Notice of Termination is effective.

MS4 individual operators who currently pay a permit maintenance fee that is due by October 1 of each year shall continue to pay the maintenance fee by October 1 until their current permit expires. Upon reissuance of the MS4 individual permit, maintenance fees shall be paid on the anniversary date of the reissued permit.

Effective April 1, 2005, any permit holder whose permit is effective as of April 1 of a given year (including permits that have been administratively continued) shall pay the permit maintenance fee or fees to the permit-issuing authority by October 1 of that same year.

4VAC50-60-760. Method of payment.

A. Fees, as applicable, shall be, at the discretion of the department, submitted electronically or be paid by check, draft, or postal money order payable to:

the 1. The Treasurer of Virginia, for a MS4 individual or general permit or for a coverage issued by the department under the General Permit for Discharges of Stormwater From Construction Activities or Individual Permit for Discharges of Stormwater From Construction Activities, to the permit-issuing authority, and must be in U.S. currency, except that agencies and institutions of the Commonwealth of Virginia may submit Interagency Transfers for the amount of the fee. To pay electronically, go to the Department of Conservation and Recreation's stormwater management section of the Department's public website at http://www.dcr.virginia.gov. The Department of Conservation and Recreation may provide a means to pay fees electronically. Fees not submitted electronically shall be sent to the following address: Virginia Department of Conservation and Recreation, Division of Finance, Accounts Payable, 203 Governor Street, Richmond, VA 23219.

Virginia Department of Conservation and Recreation Division of Finance, Accounts Payable 203 Governor Street Richmond, VA 23219

2. The qualifying local program, for coverage authorized by the qualifying local program under the General Permit for Discharges of Stormwater From Construction Activities, and must be in U.S. currency.

B. Required information . for permits or permit coverage: All applicants for new permit issuance, permit reissuance, or permit modification, unless otherwise specified by the department, shall submit the following information along with the fee payment or utilize the Department of Conservation and Recreation Permit Application Fee Form:

1. Applicant name, address and daytime phone number.

2. Applicant Federal Identification Number (FIN), if applicable.

3. The name of the facility/activity, and the facility/activity location.

4. The type of permit applied for.

5. Whether the application is for a new permit issuance, permit reissuance, permit maintenance, or permit modification.

6. The amount of fee submitted.

7. The existing permit number, if applicable.

8. Other information as required by the local stormwater management program.

4VAC50-60-770. Incomplete payments and late payments.

All incomplete payments will be deemed as nonpayments. The department or the qualifying local program, as applicable, shall provide notification to the applicant of any incomplete payments.

Interest may be charged for late payments at the underpayment rate set out by the U.S. Internal Revenue Service established pursuant to § 6621(a)(2) of the Internal Revenue Code. This rate is prescribed set forth in § 58.1-15 of the Code of Virginia and is calculated on a monthly basis at the applicable periodic rate.

A 10% late payment fee may shall be charged to any delinquent (over 90 days past due) account.

The permit-issuing authority is department and the qualifying local program are entitled to all remedies available under the Code of Virginia in collecting any past due amount and may recover any attorney's fees and/or other administrative costs incurred in pursuing and collecting any past due amount.

4VAC50-60-780. Deposit and use of fees.

A. All fees collected by the board department or department board in response pursuant to this chapter shall be deposited into a special nonreverting fund known as the Virginia Stormwater Management Fund established by, and shall be used and accounted for as specified in § 10.1-603.4:1 of the Code of Virginia. Fees collected by the department or board shall be exempt from statewide indirect costs charged and collected by the Department of Accounts.

B. All fees collected by a qualifying local program pursuant to this chapter shall be subject to accounting review and shall be used solely to carry out the qualifying local program's responsibilities pursuant to Part II and Part III A of this chapter.

Whenever Pursuant to subdivision 5 a of § 10.1-603.4 of the Code of Virginia, whenever the board has delegated authorized the administration of a stormwater management program to by a locality or is required to do so by the Act qualifying local program, no more than 30% 28% of the total revenue generated by the statewide stormwater management fees collected within the locality in accordance with 4VAC50-60-820 shall be remitted on a monthly basis to the State Treasurer for deposit in the Virginia Stormwater Management Fund unless otherwise collected electronically. If the qualifying local program waives or reduces any fee due in accordance with 4VAC50-60-820, the qualifying local program shall remit the 28% portion that would be due to the Virginia Stormwater Management Fund if such fee were charged in full.

4VAC50-60-790. General.

Each permit application for a new permit each permit application for reissuance of a permit, each permit application for major modification of a permit, and each revocation and reissuance of a permit is a The fees for individual permits, general permit coverage, permit or registration statement modification, or permit transfers are considered separate action actions and shall be assessed a separate fee, as applicable. The fees for each type of permit that the permit-issuing authority has the authority to issue, reissue or modify will be as specified in this part.

4VAC50-60-800. Fee schedules for VSMP Municipal Separate Storm Sewer System new permit issuance.

The following fee schedule applies to permit applications for issuance of a new individual VSMP Municipal Separate Storm Sewer System permit or coverage under a MS4 General Permit. All regulated MS4s that apply for joint coverage under an individual permit or general permit registration shall each pay the appropriate fees set out below.

VSMP Municipal Stormwater / MS4 Individual (Large and Medium)	$21,300 $16,000
VSMP Municipal Stormwater / MS4 Individual (Small)	$2,000 $8,000
VSMP Municipal Stormwater / MS4 General Permit (Small)	$600 $4,000

4VAC50-60-810. Fee schedules for major modification of MS4 individual permits or certificates requested by the permitee operator.

The following fee schedules apply schedule applies to applications for major modification of an individual MS4 permit requested by the permittee:

The permit application fees listed in the table below apply to a major modification of a VSMP Municipal Separate Storm Sewer Systems Permit that occurs (and becomes effective) before the stated permit expiration date.

VSMP Municipal Stormwater / MS4 Individual (Large and Medium)	$10,650 $5,000
VSMP Municipal Stormwater / MS4 Individual (Small)	$1,000 $2,500

4VAC50-60-820. Fees for filing permit applications (registration statements) for general permits issued by the permit-issuing authority an individual permit or coverage under the General Permit for Discharges of Stormwater from Construction Activities.

The following fees apply to filing of permit applications (registration statements) for all general permits issued by the permit-issuing authority, except VSMP Stormwater Construction General Permits coverage under the General Permit for Discharges of Stormwater from Construction Activities issued by the department prior to a qualifying local program or a department-administered local stormwater management program being approved by the board in the area where the applicable land-disturbing activity is located, or where the department has issued an individual permit or coverage under the General Permit for Discharges of Stormwater from Construction Activities for a state agency for which it has approved annual standards and specifications.

The fee for filing a permit application (registration statement) for coverage under a VSMP stormwater general permit issued by the permit-issuing authority shall be:

VSMP General / Stormwater Management - Phase I Land Clearing ("Large" Construction Activity - Sites or common plans of development equal to or greater than 5 five acres)	$500
VSMP General / Stormwater Management - Phase II Land Clearing ("Small" Construction Activity - Sites or common plans of development equal to or greater than 1 one acre and less than 5 five acres)	$300
VSMP General/Stormwater Management – Small Construction Activity/Land Clearing (Sites within designated areas of Chesapeake Bay Act localities with land disturbance acreage equal to or greater than 2,500 square feet and less than one acre)	$200

The following fees apply to coverage under the General Permit for Discharges of Stormwater from Construction Activities for a state agency that does not file annual standards and specifications, an individual permit issued by the board or coverage under the General Permit for Discharges of Stormwater from Construction Activities issued by a qualifying local program, or a department-administered local stormwater management program that has been approved by the board. For coverage under the General Permit for Discharges of Stormwater from Construction Activities, 50% of the fee shall be due at the time that a stormwater management plan or an initial stormwater management plan is submitted for review in accordance with 4VAC50-60-108. The remaining 50% shall be due prior to the issuance of coverage under the General Permit for Discharges of Stormwater from Construction Activities.

When a site or sites are purchased for development within a previously permitted common plan of development or sale, the applicant shall be subject to fees in accordance with the disturbed acreage of their site or sites according to the following table.

VSMP General / Stormwater Management – Small Construction Activity/Land Clearing (Sites within designated areas of Chesapeake Bay Act localities with land-disturbance acreage equal to or greater than 2,500 square feet and less than 0.5 acre)	$290
VSMP General / Stormwater Management - Small Construction Activity/Land Clearing (Areas within common plans of development or sale with land-disturbance acreage less than one acre)	$290
VSMP General / Stormwater Management - Small Construction Activity/Land Clearing (Sites within designated areas of Chesapeake Bay Act localities with land-disturbance acreage equal to or greater than 0.5 acre and less than one acre)	$1,500
VSMP General / Stormwater Management - Small Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land-disturbance acreage equal to or greater than one acre and less than five acres)	$2,700
VSMP General / Stormwater Management – Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land-disturbance acreage equal to or greater than five acres and less than 10 acres)	$3,400
VSMP General / Stormwater Management – Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land-disturbance acreage equal to or greater than 10 acres and less than 50 acres)	$4,500
VSMP General / Stormwater Management – Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land-disturbance acreage equal to or greater than 50 acres and less than 100 acres)	$6,100
VSMP General / Stormwater Management – Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land-disturbance acreage equal to or greater than 100 acres)	$9,600
VSMP Individual Permit for Discharges of Stormwater From Construction Activities	$15,000

4VAC50-60-825. Fees for the modification or transfer of individual permits or of registration statements for the General Permit for Discharges of Stormwater from Construction Activities.

The following fees apply to modification or transfer of individual permits or of registration statements for the General Permit for Discharges of Stormwater from Construction Activities issued by a qualifying local program or a department-administered local stormwater management program that has been approved by the board. If the permit modifications result in changes to stormwater management plans that require additional review by the local stormwater management program, such reviews shall be subject to the fees set out in this section. The fee assessed shall be based on the total disturbed acreage of the site. No modification or transfer fee shall be required until such board-approved programs exist. No modification fee shall be required for the General Permit for Discharges of Stormwater from Construction Activities for a state agency that is administering a project in accordance with approved annual standards and specifications but shall apply to all other state agency projects.

VSMP General / Stormwater Management – Small Construction Activity/Land Clearing (Sites within designated areas of Chesapeake Bay Act localities with land-disturbance acreage equal to or greater than 2,500 square feet and less than 0.5 acre)	$20
VSMP General / Stormwater Management – Small Construction Activity/Land Clearing (Areas within common plans of development or sale with land disturbance acreage less than one acre)	$20
VSMP General / Stormwater Management – Small Construction Activity/Land Clearing (Sites within designated areas of Chesapeake Bay Act localities with land-disturbance acreage equal to or greater than 0.5 acre and less than one acre)	$100
VSMP General / Stormwater Management – Small Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land-disturbance acreage equal to or greater than one and less than five acres)	$200
VSMP General / Stormwater Management – Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land-disturbance acreage equal to or greater than five acres and less than 10 acres)	$250
VSMP General / Stormwater Management – Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land-disturbance acreage equal to or greater than 10 acres and less than 50 acres)	$300
VSMP General / Stormwater Management – Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land-disturbance acreage equal to or greater than 50 acres and less than 100 acres)	$450
VSMP General / Stormwater Management – Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land-disturbance acreage equal to or greater than 100 acres)	$700
VSMP Individual Permit for Discharges of Stormwater From Construction Activities	$5,000

4VAC50-60-830. Permit maintenance fees.

A. The following annual permit maintenance fees apply to each VSMP permit identified below, including expired permits that have been administratively continued:. With respect to the General Permit for Discharges of Stormwater from Construction Activities, these fees shall apply until the permit coverage is terminated, and shall only be effective when assessed by a qualifying local program or a department-administered local stormwater management program that has been approved by the board. No maintenance fee shall be required for a General Permit for Discharges of Stormwater from Construction Activities until such board approved programs exist. No maintenance fee shall be required for the General Permit for Discharges of Stormwater from Construction Activities for a state agency that is administering a project in accordance with approved annual standards and specifications but shall apply to all other state agency projects. All regulated MS4s who are issued joint coverage under an individual permit or general permit registration shall each pay the appropriate fees set out below:

VSMP Municipal Stormwater / MS4 Individual (Large and Medium)	$3,800 $8,800
VSMP Municipal Stormwater / MS4 Individual (Small)	$400 $6,000
VSMP Municipal Stormwater / MS4 General Permit (Small)	$4,000
VSMP General / Stormwater Management - Phase I Land Clearing ("Large" Construction Activity - Sites or common plans of development equal to or greater than 5 acres)	$0
VSMP General / Stormwater Management - Phase II Land Clearing ("Small" Construction Activity - Sites or common plans of development equal to or greater than 1 acre and less than 5 Acres)	$0
VSMP General / Stormwater Management – Small Construction Activity/Land Clearing (Sites within designated areas of Chesapeake Bay Act localities with land-disturbance acreage equal to or greater than 2,500 square feet and less than 0.5 acre)	$50
VSMP General / Stormwater Management – Small Construction Activity/Land Clearing (Areas within common plans of development or sale with land-disturbance acreage less than one acre)	$50
VSMP General / Stormwater Management – Small Construction Activity/Land Clearing (Sites within designated areas of Chesapeake Bay Act localities with land-disturbance acreage equal to or greater than 0.5 acre and less than one acre)	$200
VSMP General / Stormwater Management – Small Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land-disturbance equal to or greater than one acre and less than five acres)	$400
VSMP General / Stormwater Management – Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land-disturbance acreage equal to or greater than five acres and less than 10 acres)	$500
VSMP General / Stormwater Management – Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land-disturbance acreage equal to or greater than 10 acres and less than 50 acres)	$650
VSMP General / Stormwater Management – Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land-disturbance acreage equal to or greater than 50 acres and less than 100 acres)	$900
VSMP General / Stormwater Management – Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land-disturbance acreage equal to or greater 100 acres)	$1,400
VSMP Individual Permit for Discharges From Construction Activities	$3,000

B. An additional permit maintenance fee of $1,000 shall be paid annually by permittees in a toxics management program. Any facility that performs acute or chronic biological testing for compliance with a limit or special condition requiring monitoring in a VPDES permit is included in the toxics management program.

4VAC50-60-840. [Reserved] Annual increase in fees.

The fees set out in 4VAC50-60-800 through 4VAC50-60-830 shall be increased each July 1 by multiplying the fee by the percentage by which the consumer price index for all-urban consumers published by the United States Department of Labor (CPI-U) for the 12-month period ending May 31 of the preceding year exceeds the CPI-U for the 12-month period ending May 31, 2007, and the result shall be rounded to the nearest $1 increment. The fee schedule shall be posted to the department's website and distributed to each qualified local program in advance of each fiscal year. Notwithstanding the foregoing, in no event shall the permit fee be decreased and in no event shall any increase exceed 4.0% per annum without formal action by the board.

FORMS (4VAC50-60)

Application Form 1-General Information, Consolidated Permits Program, EPA Form 3510-1, DCR 199-149 (August 1990).

Department of Conservation and Recreation Permit Fee Form, DCR 199-145 (03/09) (9/08).

VSMP General Permit for Discharges of Stormwater from Construction Activities (VAR10) - Registration Statement, DCR 199-146 (03/09).

VSMP General Permit Notice of Termination - Construction Activity Stormwater Discharges (VAR10), DCR 199-147 (03/09).

VSMP General Permit for Discharges of Stormwater from Construction Activities (VAR10) - Transfer Agreement, DCR199-191 (03/09).

VSMP General Permit Registration Statement for Stormwater Discharges From Small Municipal Separate Storm Sewer Systems (VAR04), DCR 199-148 (07/08).