Proposed Stormwater Management Requirements for Virginia

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2. Key Points. Virginia is addressing all pollutant sources: waste water, stormwater and agricultureStormwater is fastest growing pollution sourceBest science and modeling have been applied3 years and 50 public meetings to developIntegrate stormwater management into local E

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Proposed Stormwater Management Requirements for Virginia

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1. Proposed Stormwater Management Requirements for Virginia DCR has broad conservation mission State Parks System Natural Heritage Program and Preserve System Dam Safety & Floodplain Mgmt Soil & Water Conservation Districts Lead Nonpoint Source Control coordinating agency for Commonwealth Ag BMP & Nutrient Mgmt Ches Bay Preservation Act Erosion & Sediment Control & Stormwater Mgmt DCR has broad conservation mission State Parks System Natural Heritage Program and Preserve System Dam Safety & Floodplain Mgmt Soil & Water Conservation Districts Lead Nonpoint Source Control coordinating agency for Commonwealth Ag BMP & Nutrient Mgmt Ches Bay Preservation Act Erosion & Sediment Control & Stormwater Mgmt

2. Key Points Virginia is addressing all pollutant sources: waste water, stormwater and agriculture Stormwater is fastest growing pollution source Best science and modeling have been applied 3 years and 50 public meetings to develop Integrate stormwater management into local E&SC programs Chesapeake Bay and VA Waters Clean-up Plan Chesapeake Bay Tributary Strategies Coming Chesapeake Bay TMDL Violations of water quality standards in our tidal streams and rivers (local TMDLs) Chesapeake Bay 2 Year Milestones Committment Chesapeake Bay and VA Waters Clean-up Plan Chesapeake Bay Tributary Strategies Coming Chesapeake Bay TMDL Violations of water quality standards in our tidal streams and rivers (local TMDLs) Chesapeake Bay 2 Year Milestones Committment

3. Developing & Developed Lands Nonpoint Source Programs Erosion and Sediment Control: Reduce sediment-laden runoff from construction sites DCR oversees 164 locally administered programs 85% local programs consistent with state law 17,700 trained & certified local staff & contractors Stormwater Management: Reduce long-term negative impacts to water quality & quantity resulting from land development & prevent downstream flooding Regulatory changes proposed; locally run program focus – coordination with E&SC at local level E&SC: There are 164 local programs; as of 9/24-25 SWC Board meeting there are 107 consistent with law out of 134 completed program reviews. The final 30 are under review this year. We expect to reach 90% consistent by July 1, 2010. In 2003, only 25% of the local programs were consistent with state law. 17,700 is made of 3,000 certified as plan reviewer, inspector, program administrator or combined administrator and 14,700 responsible land disturbersE&SC: There are 164 local programs; as of 9/24-25 SWC Board meeting there are 107 consistent with law out of 134 completed program reviews. The final 30 are under review this year. We expect to reach 90% consistent by July 1, 2010. In 2003, only 25% of the local programs were consistent with state law. 17,700 is made of 3,000 certified as plan reviewer, inspector, program administrator or combined administrator and 14,700 responsible land disturbers

4. Agencies and Boards with Stormwater Management Programs 2004 Department of Conservation and Recreation Board of Conservation and Recreation Virginia Soil and Water Conservation Board Department of Environmental Quality State Water Control Board Chesapeake Bay Local Assistance Department Chesapeake Bay Local Assistance Board 3 agencies 4 state boards3 agencies 4 state boards

5. Consolidated from 3 state agencies and 4 boards to DCR Unique in having local government operate program About half the localities most adopt the local program VA Soil & Water Board oversees the program; DCR administersConsolidated from 3 state agencies and 4 boards to DCR Unique in having local government operate program About half the localities most adopt the local program VA Soil & Water Board oversees the program; DCR administers

6. SW Statutory Authority 10.1-603.4. Development of regulations. The Board is authorized to adopt regulations that specify minimum technical criteria and administrative procedures for stormwater management programs in Virginia. The regulations shall …….. 1. Establish standards and procedures for delegating the authority for administering a stormwater management program to localities… 3. Require the provision of long-term responsibility for and maintenance of stormwater management control devices and other techniques specified to manage the quality and quantity of runoff; 8. Encourage low impact development designs, regional and watershed approaches, and nonstructural means for controlling stormwater; and 9. Promote the reclamation and reuse of stormwater for uses other than potable water in order to protect state waters and the public health and to minimize the direct discharge of pollutants into state waters;… 11. Provide for the evaluation and potential inclusion of emerging or innovative stormwater control technologies that prove effective in reducing nonpoint source pollution Glimpse of specific VA CODE for regulations: Delegate to localities (improves integration with existing local E&SC programs) Long-term stormwater infrastructure maintenance has been lacking, attempts to address this need Promotes innovation, new technologies and new approaches along with traditional SW BMPs Specific attention is given to stormwater use; IT IS A RESOURCE, NOT TO BE WASTED Glimpse of specific VA CODE for regulations: Delegate to localities (improves integration with existing local E&SC programs) Long-term stormwater infrastructure maintenance has been lacking, attempts to address this need Promotes innovation, new technologies and new approaches along with traditional SW BMPs Specific attention is given to stormwater use; IT IS A RESOURCE, NOT TO BE WASTED

8. Future administration of construction stormwater programs in VA Localities with MS4 permits and localities within the CBPA Area must adopt a local stormwater management program according to a schedule set by the Board but no sooner than 15 months and not more than 21 months following the effective date of the regulation that establishes local program criteria and delegation procedures (HB1991—effective date cannot be prior to July 1, 2010). Localities not covered by a MS4 permit or not within the CBPA Area may elect to adopt a local stormwater management program. In the absence of an adopted local stormwater management program, DCR will operate a program within a locality.

9. Locality Administered Program & DCR Administered Program Technical Criteria Administrative Requirements Plan Review Criteria Inspection Criteria Enforcement Criteria SWM Facility Inspection & Maintenance Reporting & Record Keeping

10. SWM Handbook Update To conform it to the revised regulations To include additional information useful in achieving better SWM designs and solutions To reflect improved understanding of BMP design and performance To explain improved compliance methodology

11. RUNOFF REDUCTION METHOD – developed with Center for Watershed Protection Based on research and storm events from sites in VA and region Gives credit for undisturbed landscape areas Reduction in runoff equates to reduction in pollution loadings Stormwater is a resource to be captured and used on-siteRUNOFF REDUCTION METHOD – developed with Center for Watershed Protection Based on research and storm events from sites in VA and region Gives credit for undisturbed landscape areas Reduction in runoff equates to reduction in pollution loadings Stormwater is a resource to be captured and used on-site

12. Runoff Reduction Method Total annual runoff volume reduced through: Tree canopy interception/Green Roof Soil interception Evaporation Transpiration Rainfall harvesting Engineered infiltration

13. Cost is per cubic foot of runoff reduction volume. Green roof has additional benefits of cooling & lower energy costs; uses no other landCost is per cubic foot of runoff reduction volume. Green roof has additional benefits of cooling & lower energy costs; uses no other land

14. Runoff Reduction Method 3 Land Covers and 3 Step Compliance : Managed turf – Impervious – Forest/open space (use land cover runoff to compute P loads) Step 1: Design site to minimize impervious cover, grading & loss of forest Step 2: Apply runoff reduction practices Step 3: Compute pollutant removal by selected BMPs

15. Pollutant Removal Practices Level 1 and Level 2 for each: Filtering practices Constructed wetlands Wet swale Wet pond

16. Runoff Volume Reduction Environmental Site Design: Conserve forest, soil restoration, roof disconnection Reduction Practices: Sheet flow to open space, rain gardens, rain tanks/cisterns, green roof, grass channels, infiltration, permeable pavement, biofiltration

17. Prior to 2005 stormwater mgmt was voluntary across much of VA (not east of interstate 95) Proposed 0.28 lb P per year; achieve urban reduction goals to clean Bay 1 year storm determined to be important in channel formation and “natural channel design” Regional approaches & watershed approaches possiblePrior to 2005 stormwater mgmt was voluntary across much of VA (not east of interstate 95) Proposed 0.28 lb P per year; achieve urban reduction goals to clean Bay 1 year storm determined to be important in channel formation and “natural channel design” Regional approaches & watershed approaches possible

18. Proposed Fee Distribution Presently - DCR runs the program and receives 100% of fee State law requires fees to cover the cost of operating the program- these fees are inadequate New- Fees to cover both local program operation & state oversight (fee split) Locality Program: Locality >72%, DCR <28% DCR Program - DCR 100% of permit fee

19. Proposed Fees - Initial Coverage 2,500 sqft < 0.5 acre - $290 > 0.5 acre < 1 acre - $1,500 > 1 acre < 5 acres - $2,700 > 5 acres < 10 acres - $3,400 > 10 acres < 50 acres - $4,500 > 50 acres < 100 acres - $6,100 > 100 acres - $9,600 Individual Permit - $15,000

20. Summary Points Goal of achieving Bay and statewide water quality needs Extensive input on VA’s proposed SW regulations; seeking broad exposure and comments from public “Runoff Reduction” basis of new standards Functional green infrastructure opportunity is significant Strongly promote rainwater harvesting & stormwater use Has a “place” in water supply planning Reduction in potable water needs & infrastructure; energy efficiency; improved water security in droughts & disasters; an element of “homeland security” Law requires permit fees adequate to fund the program www.dcr.virginia.gov ; click on “Policy, Regulations and Public Comment”

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