[Added 6-10-2014 by Ord. No. 14-1[1]]
[1]
Editor's Note: This ordinance stated that it would be
in full force and effect as of 7-1-2014.
A.
The purpose of this article is to ensure the general health, safety,
and welfare of the citizens of Colonial Heights, Virginia, 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 article is adopted pursuant to Article 2.3 (§ 62.1-44.15.27
et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia.
In addition to the definitions set forth in the Virginia Stormwater
Management regulations, as amended, which are expressly adopted and
incorporated herein by reference, the following words and terms used
in this article have the following meanings unless otherwise specified
herein. Where definitions differ, those incorporated herein shall
have precedence.
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.
The Virginia Stormwater Management Program ("VSMP") authority,
including the City staff person or department responsible for administering
the VSMP on behalf of the City of Colonial Heights, VA.
Any person submitting an application for a permit or requesting
issuance of a permit under this article.
Schedules of activities, prohibitions of 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 to or greater
than 2,500 square feet and less than one acre in all areas of jurisdictions
so designated as subject to the regulations adopted pursuant to the
Chesapeake Bay Preservation Act, which is located in Article 2.5 of
Chapter 3.1 of Title 62.1 of the Code of Virginia.
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 different schedules.
Any best management practice, or stormwater facility, or
other method used to minimize discharge of pollutants to state waters.
The State Department of Environmental Quality.
Land disturbance and the resulting landform associated with
the construction of residential, commercial, industrial, institutional,
recreational, transportation or utility facilities or structures or
the clearing of land for nonagricultural or nonsilvicultural purposes.
The state permit titled General Permit for Discharges of
Stormwater From Construction Activities found in Part XIV (9VAC25-880-1
et seq.) of the Regulations authorizing a category of discharges under
the CWA and the Act within a geographical area of the Commonwealth
of Virginia.
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 § 245-30C of this article.
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, increased 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 article.
An approval to conduct a land-disturbing activity issued
by the Administrator for the initiation of a land-disturbing activity,
in accordance with this article, 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, 9VAC25-870, 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 State 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 its regulations, and the
Virginia Stormwater Management Act and its 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, snow melt runoff, and surface runoff and drainage.
A document(s) containing material describing methods for complying with the requirements of § 245-33 of this article.
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 article. 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 same as defined in § 250-2 of the City of Colonial Heights Subdivision Ordinance.
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 tradeoffs.
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.
An authority approved by the State Board after September
13, 2011, to operate a Virginia Stormwater Management Program.
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.
A.
Except as provided herein, no person may engage in any land-disturbing
activity until a permit application has been submitted to the City
of Colonial Heights that includes the VSMP permit registration statement,
if such statement is required; and after July 1, 2014, a stormwater
management plan or an executed agreement in lieu of a stormwater management
plan; and approval from the City to begin land disturbance.
B.
Chesapeake Bay Preservation Act land-disturbing activities shall not require the completion of a registration statement or require coverage under the General Permit for Discharges of Stormwater from Construction Activities. A Chesapeake Bay Preservation Act land-disturbing activity shall be subject to an erosion and sediment control plan consistent with the requirements of the Erosion and Sediment Control Ordinance, a stormwater management plan as outlined under Section 16, the technical criteria and administrative requirements for land-disturbing activities outlined in § 245-36, and the requirements for control measures' long-term maintenance outlined under § 245-37. Exceptions to these technical criteria and administrative requirements may be requested.
C.
Notwithstanding any other provisions of this article, 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 a 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, including additions or
modifications to existing single-family detached residential structures,
within or outside of a common plan of development or sale are hereby
exempt from having a registration statement; however, such projects
must adhere to the requirements of the General Permit. The City may
regulate single-family residences in Chesapeake Bay Protection areas
where land disturbance exceeds 2,500 square feet in accordance with
the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et
seq.);
(4)
Land-disturbing activities that disturb less than one acre of land
area except for land-disturbing activity exceeding an area of 2,500
square feet in all areas of the City designated as subject to the
Chesapeake Bay Preservation area Designation and Management Regulation
(9VAC25-830) adopted pursuant to the Chesapeake Bay Preservation Act
(§ 62.1-44.15:67 et seq.) 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.
The City of Colonial Heights 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 § 245-28 of this article.
B.
The Colonial Heights City Council hereby designates the Director
of Public Works as the Administrator of the Virginia Stormwater Management
Program.
C.
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:
D.
No VSMP authority permit shall be issued until evidence of General
Permit coverage is obtained.
E.
No VSMP authority permit shall be issued until the fees required to be paid pursuant to § 245-42, are received.
F.
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.
G.
No grading, building or other local permit shall be issued for a
property unless a VSMP authority permit has been issued by the Administrator.
A.
The Stormwater Pollution Prevention Plan (SWPPP) shall include the
content specified by Section 9VAC25-870-54 and must also comply with
the requirements and general information set forth in Section 9VAC25-880-70,
Section II [Stormwater Pollution Prevention Plan] of the General Permit.
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 Section II of the General Permit, either electronically
or in hard copy.
A.
The Stormwater Management Plan required in § 245-31 of this article must apply the stormwater management technical criteria set forth in § 245-36 of this article to the entire land-disturbing activity (individual lots in new residential, commercial, or industrial developments shall not be considered separate land-disturbing activities), consider all sources of surface runoff and all sources of subsurface and groundwater flows converted to surface runoff, and include the following information:
(1)
Information on the type and location of stormwater discharges; information
on the features of the stormwater 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
the type of facilities, location (including geographical coordinates),
acres treated, and the surface waters 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 § 245-36 of this article;
(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, 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
location of utilities, roads, and easements.
B.
If an operator intends to meet the water quality and/or quantity requirements set forth in § 245-36 of this article 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 engineer 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.
A Pollution Prevention Plan, required by 4VAC50-60-56, 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.
Stormwater Management Plans approved for residential, commercial,
or industrial subdivisions shall govern the development of the individual
parcels and shall be binding upon any subsequent owner. 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 § 245-32 of this article, 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 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 article.
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 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 and deficiencies noted during inspections.
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 § 245-30.
A.
To protect the quality and quantity of state water from the potential harm of unmanaged stormwater runoff from land-disturbing activities, the City of Colonial Heights, VA, hereby adopts the technical criteria for regulated land-disturbing activities set forth in Part IIB of the Regulations, as amended, expressly to include 9VAC25-870-62 [technical criteria for land-disturbing activities]; 9VAC25-870-63 [water quality design criteria requirements]; 9VAC25-870-65 [water quality compliance]; 9VAC25-870-66 [water quantity]; 9VAC25-870-69 [offsite compliance options]; 9VAC25-870-72 [design storms and hydrologic methods]; 9VAC25-870-74 [stormwater harvesting]; 9VAC25-870-76 [linear development projects]; 9VAC25-870-85 [stormwater management impoundment structures or facilities]; 9VAC25-870-92 [comprehensive stormwater management plans]; 9VAC25-870-93 [technical criteria for regulated land-disturbing activities; grandfathered projects and projects subject to the provisions of 9VAC25-870-47B]; 9VAC25-870-94 [applicability]; 9VAC25-870-95 [general]; 9VAC25-870-96 [water quality]; 9VAC25-870-97 [stream channel erosion]; 9VAC25-870-98 [flooding]; 9VAC25-870-99 [regional (watershed-wide) stormwater management plans], which shall apply to all land-disturbing activities regulated pursuant to this article, 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 IIC technical
criteria of the VSMP Regulation 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,
(i) was approved by the locality prior to July 1, 2012, (ii) provided
a layout as defined in 9VAC25-870-10, (iii) will comply with the Part
IIC technical criteria of the VSMP Regulation, and (iv) 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.
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Land-disturbing activities grandfathered under Subsections A and B of this section shall remain subject to the Part IIC technical criteria of the VSMP Regulation 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.
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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 IIC of the Regulations.
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Nothing in this section shall preclude an operator from constructing
to a more stringent standard at his discretion.
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C.
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 requirements of Part IIC of the Regulations, as adopted by the City of Colonial Heights in Subsection A above.
D.
The Administrator may grant exceptions to the technical requirements
of Part IIB or Part IIC 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 article 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 article.
(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 4VAC50-60-69
have been considered and found not available.
E.
Nothing in this section shall preclude an operator from constructing
to a more stringent standard at its discretion.
A.
The Administrator shall require the provision of long-term responsibility
for 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.
A.
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 measure
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 article.
C.
In accordance with a performance bond, 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.
The Administrator may require every VSMP authority permit applicant
or permittee, or any such person subject to VSMP authority permit
requirements under this article, to furnish when requested such application
materials, plan, specifications, and other pertinent information as
may be necessary to accomplish the purposes of this article.
E.
Post-construction inspections of stormwater management facilities required by the provisions of this article shall be conducted by the Administrator or any duly authorized agent of the Administrator pursuant to the City'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 § 245-37.
A.
Any permit applicant or permittee, or person subject to this article's
requirements, aggrieved by any action of the City of Colonial Heights
taken without formal hearing, or by inaction of the City of Colonial
Heights, may demand in writing a formal hearing by the Colonial Heights
City Council provided a petition requesting such hearing is filed
with the Administrator within 30 days after notice of the adverse
action, or, in the case of inaction, within 30 days after the City
should have acted.
B.
The hearings held under this section shall be conducted by the Colonial
Heights City Council at a regular or special meeting of Council, or
by at least one member of the City Council as designated to conduct
such hearings on behalf of City Council, at a time and place authorized
by the City Council.
C.
A verbatim record of such hearing's proceedings shall be taken
and filed with the City Clerk.
D.
The Colonial Heights City Council or its designated member, as the
case may be, shall have power to issue subpoenas and subpoenas duce
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 circuit court. Witnesses who are
subpoenaed shall receive the same fees and reimbursement for car mileage
as in civil actions.
A.
Any applicant who seeks an appeal hearing before the City Council
shall be heard at the next regularly scheduled City Council regular
meeting, provided that the City Council and other involved parties
have at least 30 days' prior notice. In reviewing the Administrator's
actions, the City Council shall consider evidence and opinions presented
by the aggrieved applicant and Administrator. After considering the
evidence and opinions, the City Council may affirm, reverse, or modify
the action. The City Council's decision shall be final, subject
only to review by the Circuit Court of the City.
B.
Final decisions of the City Council under this article shall be subject
to review by the City of Colonial Heights Circuit Court, provided
an appeal is filed within 30 days from the date of any written decision
adversely affecting the rights, duties, or privileges of the person
engaging in or proposing to engage in land-disturbing activities.
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 means: 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 permit violation 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 Chapter 241 of the Colonial Heights City Code. The orders shall become effective upon service on the person by certified mail, return receipt requested, sent to his address specified in the City's land records, 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 land or sediment deposition in waters within the Commonwealth's watersheds 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 § 245-41C.
B.
In addition to any other remedy this article provides, if the Administrator or his designee determines that there is a failure to comply with the provisions of this article, he may initiate such informal and/or formal administrative enforcement procedures in a manner that is consistent with City Code § 241-3.
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 by the City in Colonial Heights Circuit
Court to obey same and to comply therewith by injunction, mandamus,
or other appropriate remedy.
D.
Any person who violates any provision of this article, 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. Each day a requirement is violated 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)
SWPP 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; and
(k)
Discharges not in compliance with the permit requirements of
Section 4VAC 50-60-1170 of the General Permit.
(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
the City issues shall be paid into the treasury of the City of Colonial
Heights to be used for the purpose of minimizing, preventing, managing,
or mitigating pollution of the waters of the City 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 article, 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.
A.
Fees for coverage under the General Permit shall be imposed in accordance
with Table 1. 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 its site or sites according to Table 1.
|
Table 1: Fees for Permit Coverage
| |||
|---|---|---|---|
|
Type of Permit
|
Fee Amount
| ||
|
VSMP 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
| ||
|
Small construction activity/land clearing: Sites within locally
designated Chesapeake Bay Preservation Areas (CBPAs) with land-disturbance
acreage greater than or equal to 2,500 SF and less than 0.5 acre
|
$290
| ||
|
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
| ||
|
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
| ||
|
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
| ||
|
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
| ||
|
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
| ||
B.
Fees for the modification or transfer of registration statements
from the General Permit issued by Colonial Heights shall be imposed
in accordance with Table 2. If the permit modifications result in
changes to stormwater management plans that require the City's
additional review, such review shall be subject to the fees set out
in Table 2. The fee assessed shall be based on total disturbed acreage
of the site.
|
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
| ||
|
VSMP 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
| ||
|
Small construction activity/land clearing: sites within locally
designated CBPAs with land-disturbance acreage greater than or equal
to 2,500 SF and less than 0.5 acre
|
$20
| ||
|
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
|
$200
| ||
|
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
| ||
|
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
| ||
|
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
| ||
|
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 maintenance fees 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
| ||
|
VSMP 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
| ||
|
Small construction activity/land clearing: sites within locally
designated CBPAs with land-disturbance acreage greater than or equal
to 2,500 SF and less than 0.5 acre
|
$50
| ||
|
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
|
$400
| ||
|
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
| ||
|
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
| ||
|
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
| ||
|
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
|
$1,400
| ||
|
General Permit coverage maintenance fees shall be paid annually
to the City of Colonial Heights, by the anniversary date of the 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 notice of termination is effective.
|
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 reapply for an individual Permit for Discharges of Stormwater
from Construction Activities; and
E.
No permit application fees will be assessed to:
(1)
Permittees who request minor modifications to permits as defined in § 245-30 of this article. Permit modification at the request of the permittee resulting in changes to stormwater management plans that require the Administrator's additional review shall not be exempt.
(2)
Permittees whose permits are modified or amended at the Department's
initiative, excluding errors in the registration statement identified
by the Administrator or errors related to the site's acreage.
F.
All insufficient payments will be deemed nonpayments, and the applicant
shall be notified of any incomplete payments. Interest shall 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 10% late payment fee shall be charged
to any delinquent (over 90 days past due) account. The City of Colonial
Heights shall be entitled to all remedies available under the Code
of Virginia in collecting any past due amount.
A.
Prior to the issuance of any permit, the applicant shall be required
to submit a reasonable performance bond with surety, cash escrow,
letter of credit, any combination thereof, or such other legal arrangement
acceptable to the Colonial Heights City Attorney, for the full costs
of the anticipated work, to ensure that measures could be taken by
the City of Colonial Heights at the applicant's expense should
he fail, after proper notice, within the time specified to initiate
or maintain appropriate actions the permit requires of him. If the
City of Colonial Heights takes such action upon the applicant's
failure, the City may collect from the applicant for the difference
should the cost of the action and any needed corrective action exceed
the amount of the security held. Within 60 days of the completion
of the permit conditions, such bond, cash escrow, letter of credit
or other legal arrangement, or unexpended or any unobligated portion
thereof, shall be refunded to the applicant or terminated.
