RD128 - Annual Report of the Review and Evaluation of Local Stormwater Management Programs


Executive Summary:
To address concerns associated with the quantity and quality of stormwater runoff from developed landscape, the Virginia General Assembly established Virginia's Stormwater Management (SWM) Program in 1990. The Virginia Stormwater Management Act of 1990, Title 10.1, Chapter 6, Article 1. I of the Code of Virginia, § 10.1-603.1 et seq., (1990 Act) established the Virginia Stormwater Management Program (SWM Program) and enabled Virginia counties, cities and towns to establish local stormwater management programs meeting if specific criteria. The intent of local SWM programs was to manage runoff from land development projects through the implementation and maintenance of post-development structural or non-structural controls. Implementation and maintenance of such controls in accordance with the Regulations would result in reductions of post-development nonpoint source pollution ranging from 10-65% depending on the type of control (4 VAC3 -20-7 1. C).

The 1990 Act required each state agency to submit a stormwater management plan to DCR for approval prior to any land clearing, soil movement, or construction activity greater than or equal to one acre in area. In lieu of such a plan, the agency could submit annual stormwater standards and specifications that would ensure consistency with the 1990 Act and Regulations.

A total of 166 localities statewide implemented the mandatory Erosion and Sediment Control (ESC) program. Of these, 15 local ESC programs were reviewed during this period. Of these, seven were either consistent or provisionally consistent, seven were taking action to become consistent, and one review was still underway. No SWM programs authorized under the1990 Act were reviewed during fiscal year 2004.

Of Virginia state agencies with active maintenance and construction projects, only VDOT chose to annually submit standards and specifications to DCR for review and approval during fiscal year 2004. All other agencies submitted site-specific project plans or regional SWM plans for DCR review and approval. Between July 1, 2003 and June 30, 2004, state agencies submitted approximately 300 site-specific project or regional plans to DCR for review. In addition to review and approval of plans, DCR staff carried out approximately 1300 site inspections of land disturbing activities and SWM installations on VDOT and other state agency projects; further ensuring state agency compliance with the ESC and SWM laws and regulations.

The reviews confirm that where local programs or site specific project plans were implemented in a manner consistent with the 1990 Act and Regulations, nonpoint source pollution was substantially reduced.

The Commonwealth's SWM efforts were also significantly enhanced by other reorganizational activities occurring in 2004. In the past, three separate state agencies [DCR, Department of Environmental Quality (DEQ) and Chesapeake Bay Local Assistance Department (CBLAD)] managed separate stormwater programs. While the three programs were related in many ways, and the agencies had made efforts to reduce redundancy, this situation resulted in general confusion within the regulated community and with local governments. The Partnership Agenda resulting from the Governor's Natural Resources Leadership Summit held in April 2003, identified the multiple state stormwater management programs as a significant problem that needed to be addressed. The Secretary of Natural Resources, W. Tayloe Murphy, Jr., directed Mr. Joseph H. Maroon, DCR Director, to lead an interagency task force that included staff from DCR, DEQ and CBLAD to streamline and strengthen the State's stormwater programs. The outcome of the nearly year-long effort was the passage and enactment of House Bill 1177 (HB1177) by the 2004 General Assembly and Governor Mark Warner [Chapter 372 of the 2004 Virginia Acts of Assembly].

HB 1177 amended and reenacted the Virginia Stormwater Management Act of 1990 to consolidate the three separate stormwater management programs into the Virginia Stormwater Management Program (VSMP) under the oversight of the Virginia Soil and Water Conservation Board (VSWCB) and DCR. The VSMP establishes a statewide approach to stormwater management that will require changes in the manner localities and state agencies address stormwater management. Fully implemented, the VSMP will result in a dramatic increase in the reduction of nonpoint source pollution statewide. Total annual reductions in nonpoint source pollution resulting from the combination of erosion and sediment control with the new stormwater management program are expected to equal 972,000 tons of sediment, 466,000 pounds of phosphorus and 710,000 pounds of nitrogen.

During fiscal year 2005, the VSWCB and DCR will take specific steps to implement the program including administratively consolidating the three agencies' respective stormwater regulations, securing delegation from USEPA for the Municipal Separate Storm Sewer System(MS4) and Construction Site Stormwater Permitting programs under the federal Clean Water Act, developing model ordinances and other support documents, and conducting outreach activities to inform the regulated communities of program changes. At this writing, the VSWCB has published consolidated regulations, received program delegation from USEPA, and implemented a consolidated program stormwater management permitting programs beginning on January 29, 2005.

The resulting Virginia Stormwater Management Program (VSMP) streamlines and strengthens Virginia's local SWM programs and will implement the technical and general criteria of Virginia's stormwater management programs statewide.