Title of Regulation: 9VAC25-840. Erosion and Sediment Control Regulations (adding 9VAC25-840-45).

Statutory Authority: § 62.1-44.15:52 of the Code of Virginia.

Effective Date: September 29, 2021.

Agency Contact: Andrew Hammond, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4101, FAX (804) 698-4178, or email andrew.hammond@deq.virginia.gov.

Summary:

Chapter 497 of the 2021 Acts of Assembly, Special Session I, amends the State Water Control Law (§ 62.1-44.2 et seq. of the Code of Virginia) to provide that any local Virginia Erosion and Sediment Control Program (VESCP) authority that does not operate a regulated municipal separate storm sewer system and for which the department did not administer a Virginia Stormwater Management Program as of July 1, 2020, shall notify the department if it decides to have the department provide the local VESCP authority with (i) review of the Erosion and Sediment Control (ESC) Plan required by the Erosion and Sediment Control Law (§ 62.1-44.15:51 et seq. of the Code of Virginia) and the Erosion and Sediment Control Regulations (9VAC25-840) and (ii) a recommendation on the ESC Plan's compliance with the requirements of the law and regulations for any solar project and its associated infrastructure with a rated electrical generation capacity exceeding five megawatts. Chapter 497 also established timeframes within which the local VESCP authority must forward any newly submitted or resubmitted ESC Plan to the department for review and timeframes within which the department must review and respond. The amendments add a new section to the regulation aligning it with statute.

9VAC25-840-45. Department review of erosion and sediment control plans for solar projects.

A. Any VESCP authority that does not operate a regulated municipal separate storm sewer system and for which the department did not administer a Virginia Stormwater Management Program as of July 1, 2020, shall notify the department if it decides to have the department provide the VESCP authority with (i) review of the erosion and sediment control plan required by § 62.1-44.15:55 A of the Code of Virginia and (ii) a recommendation on the plan's compliance with the requirements of this chapter for any solar project and its associated infrastructure with a rated electrical generation capacity exceeding five megawatts.

B. Any VESCP authority that notifies the department pursuant to this section shall within five days of receiving the erosion and sediment control plan forward the plan to the department for review. If the plan forwarded to the department is incomplete, the department shall return the plan to the VESCP authority immediately, and the application process shall start over. If the plan forwarded to the department is complete, the department shall review the plan for compliance with the requirements of this chapter and provide a recommendation to the VESCP authority. The VESCP authority shall then (i) grant written approval of the plan or (ii) provide written notice of disapproval of the plan in accordance with § 62.1-44.15:55 B of the Code of Virginia.

C. Any VESCP authority that notifies the department pursuant to this section shall within five days of receiving the resubmittal of a previously disapproved erosion and sediment control plan forward the resubmitted plan to the department for review. The department shall review the resubmitted plan for compliance with the requirements of this chapter and provide a recommendation to the VESCP authority. The VESCP authority shall then (i) grant written approval of the plan or (ii) provide written notice of disapproval of the plan in accordance with § 62.1-44.15:55 B of the Code of Virginia.