Page County, VA
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the County of Page 6-17-2014. Amendments noted where applicable.]
GENERAL REFERENCES
Erosion and sediment control — See Ch. 50.
Subdivision of land — See Ch. 100.
Zoning — See Ch. 125.
Floodplain conservation — See Ch. 125, § 125-27.

§ 97-1 Unified stormwater program.

Pursuant to Code of Virginia, § 62.1-44.15:27, this chapter is adopted as part of an initiative to integrate the County of Page's stormwater management requirements with the County of Page's erosion and sediment control (Code of the County of Page, Virginia, Chapter 50), flood insurance (Code of the County of Page, Virginia, § 125-27), floodplain management (Code of the County of Page, Virginia, § 125-27), and Chesapeake Bay Preservation Act[1] requirements into a unified stormwater program. The unified stormwater program is intended to facilitate the submission and approval of plans, issuance of permits, payment of fees, and coordination of inspection and enforcement activities into a more convenient and efficient manner for both the County of Page and those responsible for compliance with these programs.
[1]
Editor's Note: See Code of Virginia, § 62.1-44.15:67 et seq.

§ 97-2 Purpose; legislative authority.

(9 VAC 25-870-20)
A. 
The purpose of this chapter is to ensure the general health, safety, and welfare of the citizens of the County of Page and protect the quality and quantity of state waters from the potential harm of unmanaged stormwater, including protection from a land-disturbing activity causing unreasonable degradation of properties, water quality, stream channels, and other natural resources, and to establish procedures whereby stormwater requirements related to water quality and quantity shall be administered and enforced.
B. 
This chapter is adopted pursuant to Article 1.1 (§ 62.1-44.15:27 et seq.) of Chapter 6 of Title 10.1 of the Code of Virginia.[1]
[1]
Editor's Note: Article 1.1, §§ 10.1-603.1 to 10.1-603.8:1 was repealed by Acts 2013, cc. 756 and 793, cl. 2, eff. 7-2-2013. See now Code of Virginia, Title 62.1, Ch. 3.1, Art. 2.3, § 62.1-44.15:27 et seq.

§ 97-3 Definitions.

In addition to the definitions set forth in 9 VAC 25-870-10 of the Virginia Stormwater Management Regulations, as amended, which are expressly adopted and incorporated herein by reference, the following words and terms used in this chapter have the following meanings unless otherwise specified herein. Where definitions differ, those incorporated herein shall have precedence.
ACT
The Virginia Stormwater Management Act, Article 2.3 (§ 62.1-44.15:24 et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia.
ADMINISTRATOR
The VSMP authority including the County of Page staff person or department responsible for administering the VSMP on behalf of the locality.
AGREEMENT IN LIEU OF A STORMWATER MANAGEMENT PLAN
A contract between the VSMP authority and the owner or permittee that specifies methods that shall be implemented to comply with the requirements of a VSMP for the construction of a single-family residence; such contract may be executed by the VSMP authority in lieu of a stormwater management plan.
APPLICANT
Any person submitting an application for a permit or requesting issuance of a permit under this chapter.
BEST MANAGEMENT PRACTICE or BMP
Schedules of activities, prohibitions of practices, including both structural and nonstructural practices, maintenance procedures, and other management practices to prevent or reduce the pollution of surface waters and groundwater systems from the impacts of land-disturbing activities.
CHESAPEAKE BAY PRESERVATION ACT LAND-DISTURBING ACTIVITY
A land-disturbing activity including clearing, grading, or excavation that results in a land disturbance equal or greater than 2,500 square feet and less than one acre in all areas of jurisdictions designated as subject to the regulations adopted pursuant to the Chesapeake Bay Preservation Act, Code of Virginia, § 62.1-44.15:67 et seq.
CLEAN WATER ACT or CWA
The federal Clean Water Act (33 U.S.C § 1251 et seq.), formerly referred to as the "Federal Water Pollution Control Act" or "Federal Water Pollution Control Act Amendments of 1972," Public Law 92-500, as amended by Public Law 95-217, Public Law 95-576, Public Law 96-483, and Public Law 97-117, or any subsequent revisions thereto.
COMMON PLAN OF DEVELOPMENT OR SALE
A contiguous area where separate and distinct construction activities may be taking place at different times on difference schedules.
CONTROL MEASURE
Any best management practice or stormwater facility, or other method used to minimize the discharge of pollutants to state waters.
DEPARTMENT
The Department of Environmental Quality.
DEVELOPMENT
Land disturbance and the resulting landform associated with the construction of residential, commercial, industrial, institutional, recreation, transportation or utility facilities or structures or the clearing of land for nonagricultural or nonsilvicultural purposes.
GENERAL PERMIT
A state permit authorizing a category of discharges under the CWA and the Act within a geographical area.
LAND DISTURBANCE or LAND-DISTURBING ACTIVITY
A man-made change to the land surface that potentially changes its runoff characteristics including clearing, grading, or excavation except that the term shall not include those exemptions specified in § 97-4B of this chapter.
LAYOUT
A conceptual drawing sufficient to provide for the specified stormwater management facilities required at the time of approval.
MINOR MODIFICATION
An amendment to an existing general permit before its expiration not requiring extensive review and evaluation, including, but not limited to, changes in EPA-promulgated test protocols, increasing monitoring frequency requirements, changes in sampling locations, and changes to compliance dates within the overall compliance schedules. A minor general permit modification or amendment does not substantially alter general permit conditions, substantially increase or decrease the amount of surface water impacts, increase the size of the operation, or reduce the capacity of the facility to protect human health or the environment.
OPERATOR
The owner or operator of any facility or activity subject to regulation under this chapter.
PERMIT or VSMP AUTHORITY PERMIT
An approval to conduct a land-disturbing activity issued by the Administrator for the initiation of a land-disturbing activity, in accordance with this chapter, and which may only be issued after evidence of general permit coverage has been provided by the Department.
PERMITTEE
The person to whom the VSMP authority permit is issued.
PERSON
Any individual, corporation, partnership, association, state, municipality, commission, or political subdivision of a state, governmental body, including federal, state, or local entity as applicable, any interstate body or any other legal entity.
REGULATIONS
The Virginia Stormwater Management Program (VSMP) Permit Regulations, 9 VAC 25-870 et seq., as amended.
SITE
The land or water area where any facility or land-disturbing activity is physically located or conducted, including adjacent land used or preserved in connection with the facility or land-disturbing activity. Areas channelward of mean low water in tidal Virginia shall not be considered part of a site.
STATE
The Commonwealth of Virginia.
STATE BOARD
The Virginia Water Control Board.
STATE PERMIT
An approval to conduct a land-disturbing activity issued by the State Board in the form of a state stormwater individual permit or coverage issued under a state general permit or an approval issued by the State Board for stormwater discharges from an MS4. Under these state permits, the commonwealth imposes and enforces requirements pursuant to the federal Clean Water Act and regulations, the Virginia Stormwater Management Act and the Regulations.
STATE WATER CONTROL LAW
Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1 of the Code of Virginia.
STATE WATERS
All water, on the surface and under the ground, wholly or partially within or bordering the commonwealth or within its jurisdiction, including wetlands.
STORMWATER
Precipitation that is discharged across the land surface or through conveyances to one or more waterways and that may include stormwater runoff, snowmelt runoff, and surface runoff and drainage.
STORMWATER MANAGEMENT PLAN
A document(s) containing material describing methods for complying with the requirements of § 97-7 of this chapter.
STORMWATER POLLUTION PREVENTION PLAN or SWPPP
A document that is prepared in accordance with good engineering practices and that identifies potential sources of pollutants that may reasonably be expected to affect the quality of stormwater discharges from the construction site, and otherwise meets the requirements of this chapter. In addition, the document shall identify and require the implementation of control measures, and shall include, but not be limited to, the inclusion of, or the incorporation by reference of, an approved erosion and sediment control plan, an approved stormwater management plan, and a pollution prevention plan.
SUBDIVISION
The same as defined in § 100-3 of the Subdivision Ordinance[1] of Page County, Virginia.
TOTAL MAXIMUM DAILY LOAD or TMDL
The sum of the individual wasteload allocations for point sources, load allocations for nonpoint sources, natural background loading and a margin of safety. TMDLs can be expressed in terms of either mass per time, toxicity, or other appropriate measure. The TMDL process provides for point versus nonpoint source trade-offs.
VIRGINIA STORMWATER BMP CLEARINGHOUSE WEBSITE
A website that contains detailed design standards and specifications for control measures that may be used in Virginia to comply with the requirements of the Virginia Stormwater Management Act and associated regulations.
VIRGINIA STORMWATER MANAGEMENT ACT or ACT
Article 2.3 (§ 62.1-44.15:24 et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia.
VIRGINIA STORMWATER MANAGEMENT PROGRAM or VSMP
A program approved by the State Board after September 13, 2011, that has been established by a locality to manage the quality and quantity of runoff resulting from land-disturbing activities and shall include such items as local ordinances, rules, permit requirements, annual standards and specifications, policies and guidelines, technical materials, and requirements for plan review, inspection, enforcement, where authorized in this article, and evaluation consistent with the requirements of this article and associated regulations.
VIRGINIA STORMWATER MANAGEMENT PROGRAM AUTHORITY or VSMP AUTHORITY
An authority approved by the State Board after September 13, 2011, to operate a Virginia stormwater management program.
[1]
Editor's Note: See Ch. 100, Subdivision of Land.

§ 97-4 Stormwater permit requirement; exemptions.

A. 
Except as provided herein, no person shall conduct any land-disturbing activity until he has submitted a permit application to the County of Page that includes a state VSMP permit registration statement, if such statement is required, and a stormwater management plan or an executed agreement in lieu of a stormwater management plan, and has obtained the County of Page's approval to begin land disturbance.
B. 
Notwithstanding any other provisions of this chapter, the following activities are exempt, unless otherwise required by federal law:
(1) 
Permitted surface or deep mining operations and projects, or oil and gas operations and projects conducted under the provisions of Title 45.1 of the Code of Virginia;
(2) 
Clearing of lands specifically for agricultural purposes and the management, tilling, planting, or harvesting of agricultural, horticultural, or forest crops, livestock feedlot operations, or as additionally set forth by the State Board in regulations, including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (§ 10.1-1100 et seq.) of Title 10.1 of the Code of Virginia or is converted to bona fide agricultural or improved pasture use as described in Subsection B of § 10.1-1163 of Article 9 of Chapter 11 of Title 10.1 of the Code of Virginia;
(3) 
Single-family residences separately built and disturbing less than one acre and not part of a larger common plan of development or sale, including additions or modifications to existing single-family detached residential structures
(4) 
Land-disturbing activities that disturb less than one acre of land that are not part of a larger common plan of development or sale or activities that are part of a larger common plan of development or sale that is one acre or greater of disturbance;
(5) 
Discharges to a sanitary sewer or a combined sewer system;
(6) 
Activities under a state or federal reclamation program to return an abandoned property to an agricultural or open land use;
(7) 
Routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original construction of the project. The paving of an existing road with a compacted or impervious surface and reestablishment of existing associated ditches and shoulders shall be deemed routine maintenance if performed in accordance with this subsection; and
(8) 
Conducting land-disturbing activities in response to a public emergency where the related work requires immediate authorization to avoid imminent endangerment to human health or the environment. In such situations, the Administrator shall be advised of the disturbance within seven days of commencing the land-disturbing activity and compliance with the administrative requirements of Subsection A is required within 30 days of commencing the land-disturbing activity.

§ 97-5 Program established; submission and approval of plans; prohibitions.

A. 
Pursuant to § 62.1-44.15:27 of the Code of Virginia, the County of Page hereby establishes a Virginia stormwater management program for land-disturbing activities and adopts the applicable regulations that specify standards and specifications for VSMPs promulgated by the State Board for the purposes set out in § 97-2 of this chapter. The Page County Board of Supervisors hereby designates the Building Official or his designee as the Administrator of the Virginia stormwater management program.
B. 
No VSMP authority permit shall be issued by the Administrator, until the following items have been submitted to and approved by the Administrator as prescribed herein:
(1) 
A permit application that includes a general permit registration statement;
(2) 
An erosion and sediment control plan approved in accordance with the Erosion and Sediment Control Ordinance, Chapter 50 of the Code of Page County, Virginia; and
(3) 
A stormwater management plan that meets the requirements of § 97-7 of this chapter, or an executed agreement in lieu of a stormwater management plan, which has been approved by the County of Page.
C. 
No VSMP authority permit shall be issued until evidence of general permit coverage is obtained.
D. 
No VSMP authority permit shall be issued until the fees required to be paid pursuant to § 97-16 are received, and a reasonable performance bond required pursuant to § 97-17 of this chapter has been submitted.
E. 
No VSMP authority permit shall be issued unless and until the permit application and attendant materials and supporting documentation demonstrate that all land clearing, construction, disturbance, land development and drainage will be done according to the approved permit.
F. 
No grading, building or other local permit shall be issued for a property unless a VSMP authority permit has been issued by the Administrator.
G. 
Neither a registration statement nor payment of the Department's portion of the statewide permit fee established pursuant to this chapter shall be required for coverage under the general permit for construction activity involving a single-family detached residential structure, within or outside a common plan of development or sale; however such project must adhere to the requirements of the general permit.
H. 
Any stormwater management plan that is approved for a residential, commercial, or industrial subdivision shall govern the development of the individual parcels, including those parcels developed under subsequent owners.

§ 97-6 Stormwater pollution prevention plan; contents of plans.

A. 
The Stormwater Pollution Prevention Plan (SWPPP) shall include the content specified by 9 VAC 25-870-54 and must also comply with the requirements and general information set forth in 9 VAC 25-880-70.
B. 
The SWPPP shall be amended by the operator whenever there is a change in design, construction, operation, or maintenance that has a significant effect on the discharge of pollutants to state waters which is not addressed by the existing SWPPP.
C. 
The SWPPP must be maintained by the operator at a central location on site. If an on-site location is unavailable, notice of the SWPPP's location must be posted near the main entrance at the construction site. Operators shall make the SWPPP available for public review in accordance with Part II of the general permit, either electronically or in hard copy.

§ 97-7 Stormwater management plan; contents of plan.

A. 
The stormwater management plan, required in § 97-5 of this chapter, must apply the stormwater management technical criteria set forth in § 97-10 of this chapter to the entire land-disturbing activity, consider all sources of surface runoff and all sources of subsurface and groundwater flows converted to subsurface runoff, and include the following information:
(1) 
Information on the type and location of stormwater discharges; information on the features to which stormwater is being discharged including surface waters or karst features, if present, and the predevelopment and post-development drainage areas;
(2) 
Contact information including the name, address, and telephone number of the owner and the tax reference number and parcel number of the property or properties affected;
(3) 
A narrative that includes a description of current site conditions and final site conditions;
(4) 
A general description of the proposed stormwater management facilities and the mechanism through which the facilities will be operated and maintained after construction is complete;
(5) 
Information on the proposed stormwater management facilities, including:
(a) 
The type of facilities;
(b) 
Location, including geographic coordinates;
(c) 
Acres treated; and
(d) 
The surface waters or karst features, if present, into which the facility will discharge.
(6) 
Hydrologic and hydraulic computations, including runoff characteristics;
(7) 
Documentation and calculations verifying compliance with the water quality and quantity requirements of § 97-10 of this chapter;
(8) 
A map or maps of the site that depicts the topography of the site and includes:
(a) 
All contributing drainage areas;
(b) 
Existing streams, ponds, culverts, ditches, wetlands, other water bodies, and floodplains;
(c) 
Soil types, geologic formations if karst features are present in the area, forest cover, and other vegetative areas;
(d) 
Current land use, including existing structures, roads, and locations of known utilities and easements;
(e) 
Sufficient information on adjoining parcels to assess the impacts of stormwater from the site on these parcels;
(f) 
The limits of clearing and grading, and the proposed drainage patterns on the site;
(g) 
Proposed buildings, roads, parking areas, utilities, and stormwater management facilities; and
(h) 
Proposed land use with tabulation of the percentage of surface area to be adapted to various uses, including but not limited to planned locations of utilities, roads, and easements.
(9) 
Individual lots in new residential, commercial, or industrial developments shall not be considered separate land-disturbing activities.
B. 
If an operator intends to meet the water quality and/or quantity requirements set forth in § 97-10 of this chapter through the use of off-site compliance options, where applicable, then a letter of availability from the off-site provider must be included. Approved off-site options must achieve the necessary nutrient reductions prior to the commencement of the applicant's land-disturbing activity except as otherwise allowed by § 62.1-44.15:35 of the Code of Virginia.
C. 
Elements of the stormwater management plans that include activities regulated under Chapter 4 (§ 54.1-400 et seq.) of Title 54.1 of the Code of Virginia shall be appropriately sealed and signed by a professional registered in the Commonwealth of Virginia pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia.
D. 
A construction record drawing for permanent stormwater management facilities shall be submitted to the Administrator. The construction record drawing shall be appropriately sealed and signed by a professional registered in the Commonwealth of Virginia, certifying that the stormwater management facilities have been constructed in accordance with the approved plan.

§ 97-8 Pollution prevention plan; contents of plans.

A. 
Pollution prevention plan, required by 9 VAC 25-870-56, shall be developed, implemented, and updated as necessary and must detail the design, installation, implementation, and maintenance of effective pollution prevention measures to minimize the discharge of pollutants. At a minimum, such measures must be designed, installed, implemented, and maintained to:
(1) 
Minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water, and other wash waters. Wash waters must be treated in a sediment basin or alternative control that provides equivalent or better treatment prior to discharge;
(2) 
Minimize the exposure of building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste, and other materials present on the site to precipitation and to stormwater; and
(3) 
Minimize the discharge of pollutants from spills and leaks and implement chemical spill and leak prevention and response procedures.
B. 
The pollution prevention plan shall include effective best management practices to prohibit the following discharges:
(1) 
Wastewater from washout of concrete, unless managed by an appropriate control;
(2) 
Wastewater from washout and cleanout of stucco, paint, form release oils, curing compounds, and other construction materials;
(3) 
Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance; and
(4) 
Soaps or solvents used in vehicle and equipment washing.
C. 
Discharges from dewatering activities, including discharges from dewatering of trenches and excavations, are prohibited unless managed by appropriate controls.

§ 97-9 Review of stormwater management plan.

A. 
The Administrator or any duly authorized agent of the Administrator shall review stormwater management plans and shall approve or disapprove a stormwater management plan according to the following:
(1) 
The Administrator shall determine the completeness of a plan in accordance with § 97-7 of this chapter, and shall notify the applicant, in writing, of such determination, within 15 calendar days of receipt. If the plan is deemed to be incomplete, the above written notification shall contain the reasons the plan is deemed incomplete.
(2) 
The Administrator shall have an additional 60 calendar days from the date of the communication of completeness to review the plan, except that if a determination of completeness is not made within the time prescribed in Subsection A(1), then the plan shall be deemed complete, and the Administrator shall have 60 calendar days from the date of submission to review the plan.
(3) 
The Administrator shall review any plan that has been previously disapproved, within 45 calendar days of the date of resubmission.
(4) 
During the review period, the plan shall be approved or disapproved and the decision communicated in writing to the person responsible for the land-disturbing activity or his designated agent. If the plan is not approved, the reasons for not approving the plan shall be provided in writing. Approval or denial shall be based on the plan's compliance with the requirements of this chapter.
(5) 
If a plan meeting all requirements of this chapter is submitted and no action is taken within the time provided above in Subsection A(2) for review, the plan shall be deemed approved.
B. 
Approved stormwater plans may be modified as follows:
(1) 
Modifications to an approved stormwater management plan shall be allowed only after review and written approval by the Administrator. The Administrator shall have 60 calendar days from the date a complete modification application is received to respond in writing either approving or disapproving such request.
(2) 
The Administrator may require that an approved stormwater management plan be amended, within a time prescribed by the Administrator, to address any deficiencies noted during inspection.
C. 
The Administrator shall require the submission of a construction record drawing for permanent stormwater management facilities. The Administrator may elect not to require construction record drawings for stormwater management facilities for which recorded maintenance agreements are not required pursuant to § 97-11B.

§ 97-10 Technical criteria for regulated land-disturbing activities.

A. 
To protect the quality and quantity of state water from the potential harm of unmanaged stormwater runoff resulting from land-disturbing activities, the County of Page, Virginia, hereby adopts the technical criteria for regulated land-disturbing activities set forth in Part II C of the Regulations, as amended, expressly to include 9 VAC 25-870-63 (water quality design criteria requirements); 9 VAC 25-870-65 (water quality compliance); 9 VAC 25-870-55[1] (water quantity); 9 VAC 25-870-59[2] (off-site compliance options); 9 VAC 25-870-72 (design storms and hydrologic methods); 9 VAC 25-870-74 (stormwater harvesting); 9 VAC 25-870-76 (linear development project); and 9 VAC 25-870-85 (stormwater management impoundment structures or facilities), which shall apply to all land-disturbing activities regulated pursuant to this chapter, except as expressly set forth in Subsection B of this section.
[1]
Editor's Note: See 9 VAC 25-870-66 for provisions on water quantity.
[2]
Editor's Note: See 9 VAC 25-870-69 for provisions on off-site compliance options.
B. 
Any land-disturbing activity shall be considered grandfathered by the VSMP authority and shall be subject to the Part II C (9 VAC 25-870-93 et seq.) technical criteria of the Regulations, provided:
(1) 
A proffered or conditional zoning plan, zoning with a plan of development, preliminary or final subdivision plat, preliminary or final site plan, or any document determined by the locality to be equivalent thereto:
(a) 
Was approved by the County of Page, Virginia, prior to July 1, 2012;
(b) 
Provided a "layout" as defined in 9 VAC 25-870-10 of the Regulations;
(c) 
Will comply with the Part II C technical criteria of the Regulation; and
(d) 
Has not been subsequently modified or amended in a manner resulting in an increase in the amount of phosphorus leaving each point of discharge, and such that there is no increase in the volume or rate of runoff;
(2) 
A state permit has not been issued prior to July 1, 2014; and
(3) 
Land disturbance did not commence prior to July 1, 2014.
C. 
Locality, state, and federal projects shall be considered grandfathered by the VSMP authority and shall be subject to the Part IIC technical criteria of the Regulations, provided:
(1) 
There has been an obligation of locality, state, or federal funding, in whole or in part, prior to July 1, 2012, or the Department has approved a stormwater management plan prior to July 1, 2012;
(2) 
A state permit has not been issued prior to July 1, 2014; and
(3) 
Land disturbance did not commence prior to July 1, 2014.
D. 
Land-disturbing activities grandfathered under Subsections B and C of this section shall remain subject to the Part IIC technical criteria of the Regulations for one additional state permit cycle. After such time, portions of the project not under construction shall become subject to any new technical criteria adopted by the Board.
E. 
In cases where governmental bonding or public debt financing has been issued for a project prior to July 1, 2012, such project shall be subject to the technical criteria of Part II C of the Regulations.
F. 
Nothing in this section shall preclude an operator from constructing to a more stringent standard at his discretion.
G. 
The Administrator may grant exceptions to the technical requirements of Part II B or Part II C of the Regulations, provided that: i) the exception is the minimum necessary to afford relief; ii) reasonable and appropriate conditions are imposed so that the intent of the Act, the Regulations, and this chapter are preserved; iii) granting the exception will not confer any special privileges that are denied in other similar circumstances; and iv) exception requests are not based upon conditions or circumstances that are self-imposed or self-created. Economic hardship alone is not sufficient reason to grant an exception from the requirements of this chapter.
(1) 
Exceptions to the requirement that the land-disturbing activity obtain required VSMP authority permit shall not be given by the Administrator, nor shall the Administrator approve the use of a BMP not found on the Virginia Stormwater BMP Clearinghouse website, or any other control measure duly approved by the Director.
(2) 
Exceptions to requirements for phosphorus reductions shall not be allowed unless off-site options otherwise permitted pursuant to 9 VAC 25-870-69 have been considered and found not available.
H. 
Nothing in this section shall preclude an operator from constructing to a more stringent standard at their discretion.

§ 97-11 Long-term maintenance of permanent stormwater facilities.

A. 
The Administrator shall require the provision of long-term responsibility for and maintenance of stormwater management facilities and other techniques specified to manage the quality and quantity of runoff. Such requirements shall be set forth in an instrument recorded in the local land records prior to general permit termination or earlier as required by the Administrator and shall at a minimum:
(1) 
Be submitted to the Administrator for review and approval prior to the approval of the stormwater management plan;
(2) 
Be stated to run with the land;
(3) 
Provide for all necessary access to the property for purposes of maintenance and regulatory inspections;
(4) 
Provide for inspections and maintenance and the submission of inspection and maintenance reports to the Administrator; and
(5) 
Be enforceable by all appropriate governmental parties.
B. 
At the discretion of the Administrator, such recorded instruments need not be required for stormwater management facilities designed to treat stormwater runoff primarily from an individual residential lot on which they are located, provided it is demonstrated to the satisfaction of the Administrator that future maintenance of such facilities will be addressed through an enforceable mechanism at the discretion of the Administrator.
C. 
If a recorded instrument is not required pursuant to § 97-11B, the Administrator shall develop a strategy for addressing maintenance of stormwater management facilities designed to treat stormwater runoff primarily from an individual residential lot on which they are located. Such a strategy may include periodic inspections, homeowner outreach and education, or other method targeted at promoting the long-term maintenance of such facilities. Such facilities shall not be subject to the requirement for an inspection to be conducted by the Administrator or any duly authorized agent of the Administrator.

§ 97-12 Monitoring and inspections.

A. 
The Administrator or any duly authorized agent of the Administrator shall inspect the land-disturbing activity during construction for:
(1) 
Compliance with the approved erosion and sediment control plan;
(2) 
Compliance with the approved stormwater management plan;
(3) 
Development, updating, and implementation of a pollution prevention plan; and
(4) 
Development and implementation of any additional control measures necessary to address a TMDL.
B. 
The Administrator or any duly authorized agent of the Administrator may, at reasonable times and under reasonable circumstances, enter any establishment or upon any property, public or private, for the purpose of obtaining information or conducting surveys or investigations necessary in the enforcement of the provisions of this chapter.
C. 
In accordance with a performance bond with surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangement or instrument, the Administrator may also enter any establishment or upon any property, public or private, for the purpose of initiating or maintaining appropriate actions which are required by the permit conditions associated with a land-disturbing activity when a permittee, after proper notice, has failed to take acceptable action within the time specified.
D. 
Pursuant to § 62.1-44.15:40 of the Code of Virginia, the Administrator may require every VSMP authority permit applicant or permittee, or any such person subject to VSMP authority permit requirements under this chapter, to furnish when requested such application materials, plans, specifications, and other pertinent information as may be necessary to determine the effect of his discharge on the quality of state waters, or such other information as may be necessary to accomplish the purposes of this chapter. (NOTE: Please see § 62.1-44.15:40 regarding protection of specified confidential information.)
E. 
Post-construction inspections of stormwater management facilities required by the provisions of this chapter shall be conducted by the Administrator or any duly authorized agent of the Administrator pursuant to the County of Page, Virginia's adopted and State Board approved inspection program, and shall occur, at minimum, at least once every five years except as may otherwise be provided for in § 97-11.

§ 97-13 Hearings.

A. 
Any permit applicant or permittee, or person subject to chapter requirements, aggrieved by any action of the County of Page, Virginia, taken without a formal hearing, or by inaction of the County of Page, Virginia, may demand in writing a formal hearing by the Page County Board of Supervisors causing such grievance, provided a petition requesting such hearing is filed with the Administrator within 30 days after notice of such action is given by the Administrator.
B. 
The hearings held under this section shall be conducted by the Page County Board of Supervisors at a regular or special meeting of the Page County Board of Supervisors, or by at least one member of the Page County Board of Supervisors designated by the Chairman of the Page County Board of Supervisors to conduct such hearings on behalf of the Page County Board of Supervisors, at any other time and place authorized by the Page County Board of Supervisors.
C. 
A verbatim record of the proceedings of such hearings shall be taken and filed with the Page County Board of Supervisors. Depositions may be taken and read as in actions at law.
D. 
The Page County Board of Supervisors or its designated member, as the case may be, shall have power to issue subpoenas and subpoenas duces tecum, and at the request of any party shall issue such subpoenas. The failure of a witness without legal excuse to appear or to testify or to produce documents shall be acted upon by the local governing body, or its designated member, whose action may include the procurement of an order of enforcement from the Page County Circuit Court. Witnesses who are subpoenaed shall receive the same fees and reimbursement for mileage as in civil actions.

§ 97-14 Appeals.

Appeals to decisions made by the Page County Board of Supervisors are subject to judicial review by the Page County Circuit Court. Any permit applicant or permittee, or person subject to chapter requirements, aggrieved by any action of the Page County Board of Supervisors or its designee may file an appeal with the Page County Circuit Court within 30 days of the final decision rendered by the Board of Supervisors (or its designee). Unless otherwise provided by law, the Circuit Court shall conduct such review in accordance with the standards established in Virginia Code § 2.2-4027, as amended, from time to time, and the decisions of the Circuit Court shall be subject to review by the Court of Appeals, pursuant to Virginia Code § 62.1-44.15:46, 1950, as amended from time to time.

§ 97-15 Enforcement; violations and penalties.

A. 
If the Administrator determines that there is a failure to comply with the VSMP authority permit conditions or determines there is an unauthorized discharge, notice shall be served upon the permittee or person responsible for carrying out the permit conditions by any of the following: verbal warnings and inspection reports, notices of corrective action, consent special orders, and notices to comply. Written notices shall be served by registered or certified mail to the address specified in the permit application or by delivery at the site of the development activities to the agent or employee supervising such activities.
(1) 
The notice shall specify the measures needed to comply with the permit conditions and shall specify the time within which such measures shall be completed. Upon failure to comply within the time specified, a stop-work order may be issued in accordance with Subsection B or the permit may be revoked by the Administrator.
(2) 
If a permittee fails to comply with a notice issued in accordance with this section within the time specified, the Administrator may issue an order requiring the owner, permittee, person responsible for carrying out an approved plan, or the person conducting the land-disturbing activities without an approved plan or required permit to cease all land-disturbing activities until the violation of the permit has ceased, or an approved plan and required permits are obtained, and specified corrective measures have been completed.
(3) 
Such orders shall be issued in accordance with the Virginia Code. Such orders shall become effective upon service on the person by certified mail, return receipt requested, sent to his address specified in the land records of the locality, or by personal delivery by an agent of the Administrator. However, if the Administrator finds that any such violation is grossly affecting or presents an imminent and substantial danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the commonwealth or otherwise substantially impacting water quality, it may issue, without advance notice or hearing, an emergency order directing such person to cease immediately all land-disturbing activities on the site and shall provide an opportunity for a hearing, after reasonable notice as to the time and place thereof, to such person, to affirm, modify, amend, or cancel such emergency order. If a person who has been issued an order is not complying with the terms thereof, the Administrator may institute a proceeding for an injunction, mandamus, or other appropriate remedy in accordance with § 97-15C.
B. 
In addition to any other remedy provided by this chapter, if the Administrator or his designee determines that there is a failure to comply with the provisions of this chapter, he may initiate such informal and/or formal administrative enforcement procedures in a manner that is consistent with the Virginia Code.
C. 
Any person violating or failing, neglecting, or refusing to obey any rule, regulation, ordinance, order, approved standard or specification, or any permit condition issued by the Administrator may be compelled in a proceeding instituted in Page County Circuit Court by the County of Page, Virginia, to obey same and to comply therewith by injunction, mandamus or other appropriate remedy.
D. 
Any person who violates any provision of this chapter or who fails, neglects, or refuses to comply with any order of the Administrator, shall be subject to a civil penalty not to exceed $32,500 for each violation within the discretion of the court. Each day of violation of each requirement shall constitute a separate offense.
(1) 
Violations for which a penalty may be imposed under this subsection shall include but not be limited to the following:
(a) 
No state permit registration;
(b) 
No SWPPP;
(c) 
Incomplete SWPPP;
(d) 
SWPPP not available for review;
(e) 
No approved erosion and sediment control plan;
(f) 
Failure to install stormwater BMPs or erosion and sediment controls;
(g) 
Stormwater BMPs or erosion and sediment controls improperly installed or maintained;
(h) 
Operational deficiencies;
(i) 
Failure to conduct required inspections;
(j) 
Incomplete, improper, or missed inspections.
(2) 
The Administrator may issue a summons for collection of the civil penalty and the action may be prosecuted in the appropriate court.
(3) 
In imposing a civil penalty pursuant to this subsection, the court may consider the degree of harm caused by the violation and also the economic benefit to the violator from noncompliance.
(4) 
Any civil penalties assessed by a court as a result of a summons issued by the County of Page, Virginia, shall be paid into the treasury of the County of Page, Virginia to be used for the purpose of minimizing, preventing, managing, or mitigating pollution of the waters of the locality and abating environmental pollution therein in such manner as the court may, by order, direct.
E. 
Notwithstanding any other civil or equitable remedy provided by this section or by law, any person who willfully or negligently violates any provision of this chapter, any order of the Administrator, any condition of a permit, or any order of a court shall be guilty of a misdemeanor punishable by confinement in jail for not more than 12 months or a fine of not less than $2,500 nor more than $32,500, or both.

§ 97-16 Fees.

A. 
Fees to cover costs associated with implementation of a VSMP related to land-disturbing activities and issuance of general permit coverage and VSMP authority permits shall be imposed in accordance with Table 1. [NOTE: Such fee attributes include the costs associated with plan review, VSMP registration statement review, permit issuance, state-coverage verification, inspections, reporting, and compliance activities associated with land-disturbing activities as well as state program oversight costs.] When a site or sites has been purchased for development within a previously permitted common plan of development or sale, the applicant shall be subject to fees ("total fee to be paid by applicant" column) in accordance with the disturbed acreage of their site or sites according to Table 1.
Table 1: Fees for permit issuance.
Fee type
Total Fee To Be Paid by Applicant
(includes both VSMP authority and Department portions where applicable)
Department portion of "Total Fee To Be Paid by Applicant"
(based on 28% of total fee paid*)
Chesapeake Bay Preservation Act land-disturbing activity (not subject to general permit coverage; 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 1 acre)
$290
$0
General/stormwater management - small construction activity/land clearing (areas within common plans of development or sale with land-disturbance acreage less than 1 acre)
$290
$81
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 1 acre and less than 5 acres)
$2,700
$756
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 5 acres and less than 10 acres)
$3,400
$952
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
$1,260
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
$1,708
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
$2,688
NOTES:
*
If the project is completely administered by the Department such as may be the case for a state or federal project or projects covered by individual permits, the entire applicant fee shall be paid to the Department.
B. 
Fees for the modification or transfer of registration statements from the general permit issued by the State Board shall be imposed in accordance with Table 2. If the general permit modifications result in changes to stormwater management plans that require additional review by the County of Page, Virginia, such reviews shall be subject to the fees set out in Table 2. The fee assessed shall be based on the total disturbed acreage of the site. In addition to the general permit modification fee, modifications resulting in an increase in total disturbed acreage shall pay the difference in the initial permit fee paid and the permit fee that would have applied for the total disturbed acreage in Table 1.
Table 2: Fees for the modification or transfer of registration statements for the general permit for discharges of stormwater from construction activities.
Type of Permit
Fee Amount
General/stormwater management - small construction activity/land clearing (areas within common plans of development or sale with land-disturbance acreage less than 1 acre)
$20
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 1 and less than 5 acres)
$200
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 5 acres and less than 10 acres)
$250
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
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
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
C. 
The following annual permit maintenance shall be imposed in accordance with Table 3, including fees imposed on expired permits that have been administratively continued. With respect to the general permit, these fees shall apply until the permit coverage is terminated.
Table 3: Permit Maintenance Fees.
Type of Permit
Fee Amount
Chesapeake Bay Preservation Act land-disturbing activity (not subject to general permit coverage; 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 1 acre)
$50
General/stormwater management - small construction activity/land clearing (areas within common plans of development or sale with land-disturbance acreage less than 1 acre)
$50
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 1 acre and less than 5 acres)
$400
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 5 acres and less than 10 acres)
$500
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
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
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
NOTES:
General permit coverage maintenance fees shall be paid annually to the County of Page, Virginia, by the anniversary date of general permit coverage. No permit will be reissued or automatically continued without payment of the required fee. General permit coverage maintenance fees shall be applied until a notice of termination is effective.
D. 
The fees set forth in Subsections A through C above, shall apply to:
(1) 
All persons seeking coverage under the general permit.
(2) 
All permittees who request modifications to or transfers of their existing registration statement for coverage under a general permit.
(3) 
Persons whose coverage under the general permit has been revoked shall apply to the Department for an individual permit for discharges of stormwater from construction activities.
(4) 
Permit and permit coverage maintenance fees outlined under § 97-16C may apply to each general permit holder.
E. 
No general permit application fees will be assessed to:
(1) 
Permittees who request minor modifications to general permits as defined in § 97-3 of this chapter. Permit modifications at the request of the permittee resulting in changes to stormwater management plans that require additional review by the Administrator shall not be exempt pursuant to this section.
(2) 
Permittees whose general permits are modified or amended at the initiative of the Department, excluding errors in the registration statement identified by the Administrator or errors related to the acreage of the site.
F. 
All incomplete payments will be deemed as nonpayments, and the applicant shall be notified of any incomplete payments. Interest may be charged for late payments at the underpayment rate set forth in § 58.1-15 of the Code of Virginia and is calculated on a monthly basis at the applicable periodic rate. A late payment fee of 10% shall be charged to any delinquent (over 90 days past due) account. The County of Page, Virginia, shall be entitled to all remedies available under the Code of Virginia in collecting any past due amount.

§ 97-17 Performance bond.

(4 VAC 50-60-104.D[1] and Code § 62.1-44.15:34) Prior to issuance of any permit, the applicant shall be required to submit a reasonable performance bond with surety, letter of credit, any combination thereof, or such other legal arrangement acceptable to the local government attorney, to ensure that measures could be taken by the County of Page, Virginia, at the applicant's expense should he fail, after proper notice, within the time specified to initiate or maintain appropriate actions which may be required of him by the permit conditions as a result of his land-disturbing activity. If the County of Page, Virginia, takes such action upon such failure by the applicant, the locality may collect from the applicant for the difference should the amount of the reasonable cost of such action exceed the amount of the security held, if any. Within 60 days of the completion of the requirements of the permit conditions, such bond, letter of credit or other legal arrangement, or the unexpended or unobligated portion thereof, shall be refunded to the applicant or terminated.
[1]
Editor's Note: Renumbered as 9 VAC 25-870-104D.