[HISTORY: Adopted by the Board of Supervisors of the County
of Page 6-17-2014. Amendments
noted where applicable.]
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.
(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10.1-603.8:1 was repealed by Acts 2013, cc. 756 and 793, cl. 2, eff.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.
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.
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.
The VSMP authority including the County of Page staff person
or department responsible for administering the VSMP on behalf of
the locality.
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.
Any person submitting an application for a permit or requesting
issuance of a permit under this chapter.
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.
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.
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.
A contiguous area where separate and distinct construction
activities may be taking place at different times on difference schedules.
Any best management practice or stormwater facility, or other
method used to minimize the discharge of pollutants to state waters.
The Department of Environmental Quality.
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.
A state permit authorizing a category of discharges under
the CWA and the Act within a geographical area.
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.
A conceptual drawing sufficient to provide for the specified
stormwater management facilities required at the time of approval.
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.
The owner or operator of any facility or activity subject
to regulation under this chapter.
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.
The person to whom the VSMP authority permit is issued.
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.
The Virginia Stormwater Management Program (VSMP) Permit
Regulations, 9 VAC 25-870 et seq., as amended.
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.
The Commonwealth of Virginia.
The Virginia Water Control Board.
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.
Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1
of the Code of Virginia.
All water, on the surface and under the ground, wholly or
partially within or bordering the commonwealth or within its jurisdiction,
including wetlands.
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.
A document(s) containing material describing methods for complying with the requirements of § 97-7 of this chapter.
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.
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.
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.
Article 2.3 (§ 62.1-44.15:24 et seq.) of Chapter
3.1 of Title 62.1 of the Code of Virginia.
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.
An authority approved by the State Board after September
13, 2011, to operate a Virginia stormwater management program.
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.
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:
C.
No VSMP authority permit shall be issued until evidence of general
permit coverage is obtained.
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.
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.
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;
(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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
[Amended 4-4-2022]
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 the
schedule of fees adopted by the County of Page. [NOTE: Such fee attributes
may 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 in accordance with the disturbed acreage of their
site or sites according to the schedule of fees.[1]
[1]
Editor's Note: Said schedule of fees is on file in the
County offices.
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 the schedule of fees adopted by the County of Page.
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 the
schedule of fees. 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.[2]
[2]
Editor's Note: Said schedule of fees is on file in the
County offices.
C.
The following annual permit maintenance shall be imposed in accordance
with the schedule of fees adopted by the County of Page, 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.[3]
[3]
Editor's Note: Said schedule of fees is on file in the
County offices.
D.
(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.
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.
(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.
