City of Fredericksburg, VA Virginia Erosion and Stormwater Management

Ensure the general health, safety, and welfare of the citizens of the City of Fredericksburg;

Protect the quality and quantity of state waters from the potential harm of unmanaged stormwater and soil erosion, including protection from a land-disturbing activity causing unreasonable degradation of properties, water quality stream channels, and other natural resources; and

AGREEMENT IN LIEU OF A PLAN

Establish procedures whereby stormwater requirements related to water quality and quantity shall be administered and enforced.

Pursuant to § 62.1-44.15:27 of the Code of Virginia, the City of Fredericksburg hereby establishes a Virginia Erosion and Stormwater Management Program for land-disturbing activities and threatened or actual pollution discharges to state waters. The City Manager shall designate the administrator of this program, which shall be administered in conjunction with the City's Municipal Separate Storm Sewer System (MS4) Program, the Chesapeake Bay Preservation Act,[1] and floodplain management.

[1]

Editor's Note: See Code of Virginia § 62.1-44.15:67 et seq.

§ 38-402 Definitions.

[Added 6-25-2024 by Ord. No. 24-13]

Terms used in this article shall have the definitions set forth in Virginia Erosion and Stormwater Management Regulations found at 9 VAC 25-875-20 and § 62.1-44.15:27 of the Code of Virginia.

To the extent not inconsistent with terms as provided in subsection A above, the following definitions shall apply:

ADMINISTRATOR

The person or position designated in writing by the City Manager to administer this article on behalf of the City, and any duly authorized agent of the administrator.

A contract between the VESMP authority and the owner or applicant that specifies methods that shall be implemented to comply with the requirements of the VESMA and this article for the construction of: (i) a single-family detached residential structure; or (ii) a farm building or structure on a parcel of land with a total impervious cover percentage, including the impervious cover from the farm building or structure to be constructed, of less than 5% such contract may be executed by the City in lieu of a soil erosion control and stormwater management plan.

APPLICANT

A person submitting a soil erosion control and stormwater management plan to the VESMP authority for approval in order to obtain authorization to commence a land-disturbing activity.

CERTIFIED OR CERTIFICATION

A designation issued by the Department, on behalf of the Commonwealth, to individuals who have completed Department-approved training programs and met any additional eligibility requirements or in other ways demonstrated adequate knowledge and experience in accordance with the eligibility requirements of 9 VAC 25-875-410 related to the specific classifications (9 VAC 25-875-400) within the separate subject matters of ESC or SWM or both.

CHESAPEAKE BAY LAND-DISTURBING ACTIVITY

A man-made change to the land surface that potentially changes its runoff characteristics, including clearing, grading or excavation, which disturbs an area equal to or greater than 2,500 square feet and less than one acre. The term does not include land-disturbing activities associated with a single-family residence separately built and disturbing less than one acre, not part of a common plan of development or sale, including additions or modifications to existing single-family detached residential structures.

CLEARING

Any activity which removes the vegetative ground cover, including, but not limited to, root mat removal or top soil removal.

DEPARTMENT

The Virginia Department of Environmental Quality.

DIRECTOR

As used in this article and the UDO, the department head of the Department of Community Planning and Building. References to "Director" in the VESMA and Code of Virginia refer to the Director of Department of Environmental Quality.

EROSION AND SEDIMENT CONTROL PLAN or ESC PLAN

A document containing material for the conservation of soil and water resources of a unit or group of units of land. It may include appropriate maps, an appropriate soil and water plan inventory and management information with needed interpretations, and a record of decisions contributing to conservation treatment. The plan shall contain all major conservation decisions to ensure that the entire unit or units of land will be so treated to achieve the conservation objectives.

(SOIL) EROSION CONTROL AND STORMWATER MANAGEMENT PLAN or ESM PLAN

A soil erosion control and stormwater management plan, commonly referred to as the erosion control and stormwater management plan or ESM plan. It is a document describing methods for controlling soil erosion and managing stormwater in accordance with the requirements adopted pursuant to the VESMA. The ESM plan may consist of aspects of the erosion and sediment control plan and the stormwater management plan as each is described in this article.

ESC

Erosion and sediment control.

EXCAVATING

Any digging, scooping or other methods of removing earth materials.

FARM BUILDING OR STRUCTURE

Term as defined in § 36-97 of the Code of Virginia and also includes any building or structure used for agritourism activity, as defined in § 3.2-6400 of the Code of Virginia, and any related impervious services including roads, driveways, and parking areas.

FILLING

Any depositing or stockpiling of earth materials.

GRADING

Any excavating or filling of earth material or any combination thereof, including the land in its excavated or filled conditions.

LAND DISTURBANCE or LAND-DISTURBING ACTIVITY

Any movement of earth or substrate, manually or mechanically that may result in soil erosion or has the potential to change its runoff characteristics, including, but not limited to, any modification of existing grade by dredging, demolition, excavation or fill, grading, scraping, vegetation removal, landscaping, coring, well drilling, pile driving, undergrounding utility lines, trenching, bulldozing, sheeting, shoring and excavation for laying or removing foundations, pilings or other purposes.

LAND DISTURBANCE PERMIT or LDP

A local permit issued upon approval by a certified plan reviewer on behalf of the City's Department of Community Planning and Building allowing a land-disturbing activity to commence after the requirements of § 62.1-44.15:34 of the Code of Virginia and the VESMP as established by the City have been met.

OPERATOR

The owner or operator of any facility or activity subject to the VESMA and this article. In the context of stormwater associated with a large or small construction activity, "operator" means any person associated with a construction project that meets either of the following two criteria: (i) the person has direct operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or (ii) the person has day-to-day operational control of those activities at a project that are necessary to ensure compliance with a stormwater pollution prevention plan for the site or other VPDES permit or LDP permit conditions (i.e., they are authorized to direct workers at a site to carry out activities required by the stormwater pollution prevention plan or comply with other permit conditions).

OWNER

Term as defined in § 62.1-44.3 of the Code of Virginia. For a regulated land-disturbing activity that does not require a VPDES permit, "owner" also means the owner or owners of the freehold of the premises or lesser estate therein, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, or other person, firm, or corporation in control of a property.

PERMITTEE

Person to whom a VPDES permit and/or LDP is issued.

PERSON

Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, county, city, town, or other political subdivision of the Commonwealth, governmental body, including a federal or state entity as applicable, any interstate body, or any other legal entity.

REGULATIONS

The Virginia Erosion and Stormwater Management Regulations, 9 VAC 25-875-20 et seq., as amended of successor regulations.

RESPONSIBLE LAND DISTURBER or RLD

An individual holding a certificate issued by the Department who is responsible for carrying out the land-disturbing activity in accordance with the approved erosion and sediment control plan or ESM plan. The RLD may be the owner, applicant, permittee, designer, superintendent, project manager, contractor, or any other project or development team member. The RLD must be designated on the erosion and sediment control plan, ESM plan, or VPDES permit as defined in this article as a prerequisite for engaging in land disturbance.

STORMWATER MANAGEMENT PLAN or SWM PLAN

A document containing material describing methods for complying with the requirements of the VESMP.

STORMWATER POLLUTION PREVENTION PLAN or SWPPP

A document 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. A SWPPP required under the VESMP for construction activities shall identify and require the implementation of control measures and shall include or in corporate by reference an approved erosion and sediment control plan, an approved stormwater management plan, and a pollution prevention plan.

SWM

Stormwater management.

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 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.

TRANSPORTING

Any moving of earth materials from one place to another place other than such movement incidental to grading, when such movement results in destroying the vegetative ground cover either by tracking or the buildup of earth materials to the extent that erosion and sedimentation with result from the soil or earth materials over which transporting occurs.

UNIFIED DEVELOPMENT ORDINANCE or UDO

Chapter 72 of the City Code, as amended.

VIRGINIA EROSION AND STORMWATER MANAGEMENT ACT or VESMA

Title of legislation codified at Article 2.3 (§ 62.1-44.15:24 et seq.) of Chapter 3.1, State Water Control Law, of Title 62.1 of the Code of Virginia.

VIRGINIA EROSION AND STORMWATER MANAGEMENT PROGRAM AUTHORITY or VESMP AUTHORITY

The City as approved by the Department to operate the VESMP, except the Department serves as the VESMP authority as to state agency or federal entity land-disturbing activities and land-disturbing activities subject to approved standards and specifications.

VIRGINIA EROSION AND STORMWATER MANAGEMENT PROGRAM or VESMP

A program established by the City as the VESMP authority for the effective control of soil erosion and sediment deposition and the management of the quality and quantity of runoff resulting from land-disturbing activities to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources. The program includes such items as local ordinances, rules, requirements for VDPES Permits and LDPs, policies and guidelines, technical materials, and requirements for plan review, inspection, and enforcement consistent with the requirements of the VESMA. Relevant guidelines, standards, and specifications shall include the current editions of the Virginia Erosion and Sediment Control and Stormwater Management Handbooks prepared by or for DEQ (available for use until July 1, 2025), or, the Virginia Stormwater Management Handbook, Version 1.0 (or most current version).

VPDES PERMIT

A Virginia Pollutant Discharge Elimination System (VPDES) permit issued by the Department pursuant to § 62.1-44.15 of the Code of Virginia for stormwater discharges from a land-disturbing activity, such as the General VPDES permit for Discharges of Stormwater from Construction Activities (9 VAC 25-880).

§ 38-403 Regulated land-disturbing activities.

[Added 6-25-2024 by Ord. No. 24-13]

Land-disturbing activities that meet one of the criteria below are regulated as follows:

Land-disturbing activity that disturbs 2,500 square feet or more, is less than one acre, not in an area of the City designated as a Chesapeake Bay Preservation Area, and not part of a common plan of development or sale, is subject to criteria defined in Article 2 of Part V of the Regulations (9 VAC 25-875-540 et seq.). For land-disturbing activities for single-family detached residential structures, Article 2 of Part V and water quantity technical criteria, 9 VAC 25-875-600, shall apply to any land-disturbing activity that disturbs 2,500 square feet or more of land.

Land-disturbing activity that disturbs 2,500 square feet or more, is less than one acre, and is in an area of the City designated as a Chesapeake Bay Preservation Area is subject to criteria defined in Article 2 (9 VAC 25-875-540 et seq.) and Article 3 (9 VAC 25-875-570 et seq.) of Part V of the Regulations, unless Article 4 (9 VAC 25-875-670 et seq.) of Part V of the Regulations is applicable as determined in accordance with § 38-411, Subsection B.

Land-disturbing activity that disturbs less than one acre, but is part of a larger common plan of development or sale that disturbs one acre or more, is subject to criteria defined in Article 2 (9 VAC 25-875-540 et seq.) and Article 3 (9 VAC 25-875-570 et seq.) of Part V of the Regulations, unless Article 4 (9 VAC 25-875-670 et seq.) of Part V of the Regulations is applicable as determined in accordance with § 38-411, Subsection B.

Land-disturbing activity that disturbs one acre or more is subject to criteria defined in Article 2 (9 VAC 25-875-540 et seq.) and Article 3 (9 VAC 25-875-570 et seq.) of Part V of the Regulations, unless Article 4 (9 VAC 25-875-670 et seq.) of Part V of the Regulations is applicable as determined in accordance with § 38-411, Subsection B.

Land-disturbing activities exempt pursuant to 9 VAC 25-875-90 are not required to comply with the requirements of VESMA and this article unless otherwise required by federal law, except 9 VAC 25-875-90(B) states certain activities required to comply with ESC requirements but not required to comply with the water quantity and water quality technical criteria of the Regulations unless otherwise required by federal law.

§ 38-404 ESM plan submittal requirements; exemptions.

[Added 6-25-2024 by Ord. No. 24-13]

Prior to engaging in any regulated land-disturbing activity in the City as provided in § 38-403, the owner or other applicant shall submit an erosion control and stormwater management plan or ESM plan consistent with the VESMA and VESMP for approval by the City's Department of Community Planning and Building.

A person shall not conduct any land-disturbing activity in the City until:

Submitting an application that includes a VPDES permit registration statement, if required; an ESM plan or an executed agreement in lieu of a plan, if required; and the applicable fee and performance bond, if required as provided by subsection E, to the City's Department of Community Planning and Building;

The name of the individual who will be assisting the owner in carrying out the activity and holds a responsible land disturber certificate pursuant to § 62.1-44.15:30 of the Code of Virginia is submitted to the Department of Community Planning and Building, except that such certificate shall not be required where an agreement in lieu of a plan for construction of a single-family detached residential structure is approved; however, if a violation occurs during the land-disturbing activity for the single-family detached residential structure, then the owner shall correct the violation and provide the name of the individual holding a responsible land disturber certificate as provided by § 62.1-14:30 of the Code of Virginia. Failure to provide the name of an individual holding a responsible land disturber certificate prior to engaging in land-disturbing activities may result in revocation of the LDP and shall subject the owner to the penalties provided by the VESMA; and

The City has issued its LDP.

The City may require changes to an approved ESM plan in the following cases:

Where inspection has revealed that the plan is inadequate to satisfy applicable regulations or ordinances; or

Where the owner finds that because of changed circumstances or for any other reason the ESM plan cannot be effectively carried out, and proposed amendment to the ESM plan, consistent with requirements of the VESMA, are agreed to by the City and the owner.

In order to prevent further erosion, City may require approval of an ESM plan and a SWM plan for any land it identifies as an erosion impact area pursuant to § 62.1-44.15:34 of the Code of Virginia.

Prior to issuance of an LDP, an applicant, excluding state agencies and federal entities, shall submit a reasonable performance bond with surety, cash escrow, letter of credit, any combination thereof or such other legal arrangement acceptable to the City Attorney and consistent with § 72-27.0, to ensure that measures may be taken by the City, at the applicant's expense, if the applicant fails, after proper notice, within the time specified, to comply with the conditions the City imposes as a result of the applicant's land-disturbing activity. If City takes such action upon such failure by the applicant, the City may collect from the applicant the difference should the amount of the reasonable cost of such action exceed the amount of the security held. Within 60 days of the completion of the City's conditions as determined by inspection, such bond, cash escrow, letter of credit, or other legal arrangement, or the unexpended or unobligated portion thereof, shall be refunded to the applicant or terminated.

The amount of the bond or other security for performance shall not exceed the amounts stated in § 72-27.0.

Upon the submission of any proposed cash escrow or any other performance guarantee except letters of credit or performance bonds, the applicant shall pay a nonrefundable administrative fee based on the fee schedule promulgated by the Department of Community Planning and Building to offset the City's legal and administrative costs. Approval of such alternative security shall be granted by the City Attorney only upon their determination that such alternative security affords protection to the City equivalent to a corporate surety's bond.

If a land-disturbing activity crosses the corporate boundary of City limits into another jurisdiction, the applicant may request that the City in its sole discretion enter into an agreement with an adjacent VESMP authority to specify which jurisdiction(s) shall be responsible for all or part of the administrative procedures. Should a multijurisdictional agreement not be executed, the separate VESMP authorities shall be responsible for administering the area of the project within its jurisdiction.

No exception to, or waiver of, post-development nonpoint nutrient runoff compliance requirements shall be granted unless offsite options have been considered and found not to be available in accordance with subsection D of § 62.1-44.15:35 of the Code of Virginia.

Notwithstanding the applicability of an exemption, the City or Department may, pursuant to § 62.1-44.15:34 of the Code of Virginia, enter into agreement with any federal or state agency in connection with the requirements for land-disturbing activities.

§ 38-405 Soil Erosion control and stormwater management (ESM) plan review and approval.

[Added 6-25-2024 by Ord. No. 24-13]

Without reimplementing by local ordinance the self-executing requirements of § 62.1-44.15:34(A) of the Code of Virginia, the applicant should anticipate the following review times:

City should determine the completeness of any submitted ESM plan within 15 days after receipt, and should act on any application within 60 days after it has been determined to be complete. If a previously disapproved application is resubmitted, the City should determine completeness within 15 days after receipt and act on the resubmitted application within 45 days after receipt.

City should issue either an LDP or denial with written rationale for any denial. Evidence of VPDES permit coverage is required prior to issuance of the LDP.

§ 38-406 VPDES permit and LDP requirements; exemptions.

[Added 6-25-2024 by Ord. No. 24-13]

Except as provided herein, no person may engage in any land-disturbing activity until a VPDES permit has been issued by the Department (if applicable) and an LDP issued by the City in accordance with the provisions of this article and the Regulations.

Notwithstanding any other provisions of this article, the following activities are not required to comply with the requirements of this article unless otherwise required by federal law:

Minor land-disturbing activities, including home gardens and individual home landscaping, repairs, and maintenance work;

Installation, maintenance, or repair of any individual service connection;

Installation, maintenance, or repair of any underground utility line when such activity occurs on an existing hard surfaced road, street, or sidewalk, provided the land-disturbing activity is confined to the area of the road, street, or sidewalk that is hard surfaced;

Installation, maintenance, or repair of any septic tank line or drainage field unless included in an overall plan for land-disturbing activity relating to construction of the building to be served by the septic tank system;

Permitted surface or deep mining operations and projects, or oil and gas operations and projects conducted pursuant to Title 45.2 of the Code of Virginia;

(6)

Clearing of lands specifically for bona fide agricultural purposes; the management, tilling, planting, or harvesting of agricultural, horticultural, or forest crops; livestock feedlot operations; agricultural engineering operations, including 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; or as additionally set forth by the Board in regulations. 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 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 the Code of Virginia;

(7)

Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles;

(8)

Shoreline erosion control projects on tidal waters when all of the land-disturbing activities are within the regulatory authority of and approved by local wetlands boards, the Marine Resources Commission, or the United States Army Corps of Engineers; however, any associated land that is disturbed outside of this exempted area shall remain subject to the VESMA and the regulations adopted pursuant thereto;

(9)

Repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities, and other related structures and facilities of a railroad company;

(10)

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, City 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; and

(11)

Discharges to a sanitary sewer or a combined sewer system that are not from a land-disturbing activity.

Notwithstanding this article and in accordance with § 62.1-44.15:34 of the Code of Virginia, the following activities are required to comply with ESC requirements but are not required to comply with the water quantity and water quality technical criteria, unless otherwise required by federal law:

Activities under a state or federal reclamation program to return an abandoned property to an agricultural or open land use;

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

Discharges from a land-disturbing activity to a sanitary sewer or a combined sewer system.

§ 38-407 Stormwater pollution prevention plan (SWPPP) and contents.

[Added 6-25-2024 by Ord. No. 24-13]

A SWPPP shall include, but not be limited to, an approved ESC plan, an approved SWM plan, a pollution prevention plan for regulated land-disturbing activities, and a description of any additional control measures necessary to address a TMDL pursuant to subsection D of this section.

An ESM plan consistent with the requirements of VESMA and the Regulations must be designed and implemented during construction activities. Prior to land disturbance, this plan must be approved City in accordance with the VESMA, this article, and attendant regulations.

A pollution prevention plan that identifies potential sources of pollutants that may reasonably be expected to affect the quality of stormwater discharges from the construction site and describe control measures that will be used to minimize pollutants in stormwater discharges from the construction site must be developed before land disturbance commences.

In addition to the requirements of subsections A through C of this section, if a specific wasteload allocation for a pollutant has been established in an approved TMDL and is assigned to stormwater discharges from a construction activity, additional control measures must be identified and implemented by the operator so that discharges are consistent with the assumptions and requirements of the wasteload allocation.

The stormwater pollution prevention plan must address the following requirements as specified in 40 CFR 450.21, to the extent otherwise required by state law or regulations and any applicable requirements of a state-issued permit:

Control stormwater volume and velocity within the site to minimize soil erosion;

Control stormwater discharges, including both peak flow rates and total stormwater volume, to minimize erosion at outlets and to minimize downstream channel and stream bank erosion;

Minimize the amount of soil exposed during construction activity;

Minimize the disturbance of steep slopes;

Minimize sediment discharges from the site. The design, installation and maintenance of erosion and sediment controls must address factors such as the amount, frequency, intensity and duration of precipitation, the nature of resulting stormwater runoff, and soil characteristics, including the range of soil particle sizes expected to be present on the site;

(6)

Provide and maintain natural buffers around surface waters, direct stormwater to vegetated areas to increase sediment removal and maximize stormwater infiltration, unless infeasible;

(7)

Minimize soil compaction and, unless infeasible, preserve topsoil;

(8)

Stabilization of disturbed areas must, at a minimum, be initiated immediately whenever any clearing, grading, excavating, or other earth disturbing activities have permanently ceased on any portion of the site, or temporarily ceased on any portion of the site and will not resume for a period exceeding 14 calendar days. Stabilization must be completed within a period of time determined by the VESMP authority. In arid, semiarid, and drought-stricken areas where initiating vegetative stabilization measures immediately is infeasible, alternative stabilization measures must be employed as specified by the VESMP authority; and

(9)

Utilize outlet structures that withdraw water from the surface, unless infeasible, when discharging from basins and impoundments.

The SWPPP shall be amended whenever there is a change in design, construction, operation, or maintenance that has a significant effect on the discharge of pollutants to state waters and that has not been previously addressed in the SWPPP. The SWPPP must be maintained 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.

§ 38-408 Stormwater management (SWM) plan and contents.

[Added 6-25-2024 by Ord. No. 24-13]

A SWM plan shall be developed by the applicant and submitted to the City's Department of Community Planning and Building. The SWM plan shall be implemented as approved or modified by the City and shall be developed in accordance with the following:

A SWM plan for a land-disturbing activity shall apply the stormwater management technical criteria set forth in this article and Article 4(9) VAC 25-875-670 et seq.) of Part V of the Regulations to the entire land-disturbing activity. Individual lots in new residential, commercial, or industrial developments, including those developed under subsequent owners, shall not be considered separate land-disturbing activities.

A SWM plan shall consider all source of surface runoff and all sources of subsurface and groundwater flows converted to surface runoff.

A complete SWM plan shall include the following elements:

Information on the type of and location of stormwater discharges, information on the features to which stormwater is being discharged including surface waters or karst features if present, and predevelopment and post-development drainage areas;

Contact information including the name, address, telephone number, and email address of the owner and the tax reference number and parcel number of the property or properties affected;

A narrative that includes a description of current site conditions and final site conditions or if allowed by the VESMP authority, the information provided and documented during the review process that addresses the current and final site conditions;

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;

Information on the proposed stormwater management facilities, including: (i) detailed narrative on the conversion to a long-term stormwater management facility if the facility was used as a temporary ESC measure, (ii) the type of facilities, (iii) location, including geographic coordinates, (iv) acres treated, and (v) the surface waters or karst features 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 these regulations;

(8)

A map 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 planned locations of utilities, roads, and easements;

(9)

If an operator intends to meet the requirements established in 9 VAC 25-875-580 or 9 VAC 25-875-600 through the use of off-site compliance options, where applicable, then a letter of availability from the off-site provider must be included; and

(10)

All City review fees must be submitted.

All final plan elements, specifications, or calculations of the SWM plans for which preparation requires a license under Chapter 4 (§ 54.1-400 et seq.) or Chapter 22 (§ 54.1-2200 et seq.) of Title 54.1 of the Code of Virginia shall be appropriately signed and sealed by a professional who is licensed to engage in practice in the Commonwealth of Virginia. Nothing in this subsection shall authorize any person to engage in practice outside his area of professional competence.

§ 38-409 Pollution prevention plan and contents.

[Added 6-25-2024 by Ord. No. 24-13]

A plan for implementing pollution prevention measures during construction activities shall be developed, implemented, and updated by the applicant as necessary. The pollution prevention plan shall detail the design, installation, implementation, and maintenance of effective pollution prevention measures as specified in 40 CFR 450.21(c), 40 CFR 450.21(d), and 40 CFR 450.21(e), to minimize the discharge of pollutants. At a minimum, such measures must be designed, installed, implemented, and maintained to:

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;

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

Minimize the discharge of pollutants from spills and leaks and implement chemical spill and leak prevention and response procedures.

The pollution prevention plan shall include effective best management practices to prohibit the following discharges in accordance with 40 CFR 450.21(e):

Wastewater from washout of concrete, unless managed by an appropriate control;

Wastewater from washout and cleanout of stucco, paint, form release oils, curing compounds, and other construction materials;

Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance; and

Soaps or solvents used in vehicle and equipment washing.

Discharges from dewatering activities, including discharges from dewatering of trenches and excavations, are prohibited unless managed by appropriate controls in accordance with 40 CFR 450.21(c).

§ 38-410 Erosion and sediment control (ESC) plan and contents.

[Added 6-25-2024 by Ord. No. 24-13]

An ESC plan, which is a component of the ESM plan, shall be filed for a development and the structures constructed within, regardless of the phasing of construction. The ESC plan shall contain all major conservation decisions to ensure that the entire unit or units of land will be so treated to achieve the conservation objectives in 9 VAC 25-875-560. The ESC plan may include:

Appropriate maps;

An appropriate soil and water plan inventory and management information with needed interpretations; and

A record of decisions contributing to conservation treatment.

The person responsible for carrying out the plan shall provide the name of an individual holding a certificate who will be in charge of and responsible for carrying out the land-disturbing activity to City, except as may be allowed in the event of an approved agreement in lieu of a plan in accordance with § 62.1-44.15:34 or § 62.1-44.15:55 of the Code of Virginia.

If individual lots or sections in a residential development are being developed by different property owners, all land-disturbing activities related to the building construction shall be covered by an erosion and sediment control plan, except as may be allowed in the event of an approved agreement in lieu of a plan in accordance with § 62.1-44.15:34 or § 62.1-44.15:55 of the Code of Virginia.

Land-disturbing activity of less than 2,500 square feet on individual lots in a residential development shall not be considered exempt from the provisions of this article and the VESMA if the total land-disturbing activity in the development is equal to or greater than 2,500 square feet.

§ 38-411 Technical criteria for regulated land-disturbing activities.

[Added 6-25-2024 by Ord. No. 24-13]

To protect the quality and quantity of state water from the potential harm of unmanaged stormwater runoff resulting from land-disturbing activities, City hereby adopts the technical criteria for regulated land-disturbing activities set forth in the Regulations at Part V of 9 VAC 25-875 expressly to include water quality design criteria requirements (9 VAC 25-875-580); water quality compliance (9 VAC 25-875-590); water quantity (9 VAC 25-875-600); off-site compliance options (9 VAC 25-875-610); design storms and hydrologic methods (9 VAC 25-875-620); stormwater harvesting (9 VAC 25-875-630); linear development project (9 VAC 25-875-640); and, stormwater management impoundment structures or facilities (9 VAC 25-875-650), which shall apply to all land-disturbing activities regulated pursuant to this article, except as expressly set forth in subsection B of this section.

For purposes of certain land-disturbing activity considered grandfathered or time-limited, the City adopts 9 VAC 25-875-480 and 9 VAC 25-875-490 for determination of projects subject to Article 4 (9 VAC 25-875-670 et seq.) of Part V of the Regulations.

Nothing in this section shall preclude an operator from constructing a more stringent standard at their discretion.

§ 38-412 Long-term maintenance of permanent stormwater facilities.

[Added 6-25-2024 by Ord. No. 24-13]

The operator shall submit a construction record drawing for permanent stormwater management facilities to the Administrator in accordance with 9 VAC 25-875-535. The record drawing shall contain a statement signed by a professional registered in the Commonwealth of Virginia pursuant to Chapter 4 of Title 54.1 of the Code of Virginia, stating that to the best of their knowledge, the construction record drawing shows all adjustments and revisions to the SWM plan made during construction and serve as a permanent record of the actual location of all constructed elements.

The operator shall submit a recordable instrument providing for long-term responsibility and maintenance of stormwater management facilities and other techniques specified to manage the quality and quantity of runoff. Such instrument shall be recorded in the local land records prior to VDPES Permit termination or earlier as required by the Administrator and shall at a minimum:

Be submitted to Administrator for review and legal approval prior to the approval of the SWM plan;

Be stated to run with the land;

Provide for all necessary access to the property for purposes of maintenance and regulatory inspections;

Provide for inspections and maintenance and the submission of inspection and maintenance reports to the City and other governmental parties specified in 9 VAC 25-875-535; and

Be enforceable by all appropriate governmental parties.

§ 38-413 Monitoring and inspections.

[Added 6-25-2024 by Ord. No. 24-13]

All land-disturbing activity is subject to monitoring and inspections by the Administrator. These inspections will review among other criteria authorized by the VEMSA and Regulations:

Compliance with the approved ESC plan;

Compliance with the approved SWM plan;

Development, updating, and implementation of a pollution prevention plan; and

Development and implementation of any additional control measures necessary to address a TMDL.

Land-disturbing activity is also subject to periodic inspection during or immediately following initial installation of erosion and sediment controls, at least once in every two-week period, within 48 hours following any runoff producing storm event, and at the completion of the project prior to the release of any performance guarantees.

The Administrator may require monitoring and reports from the person responsible for meeting LDP conditions to ensure compliance with the LDP and VPDES permit conditions and to ensure compliance with the permits and to determine whether the measures required in the LDP provide for effective ESC and stormwater controls and in the case of ESC measures, whether the measures required in the plan are complied with and effective.

Permanent stormwater management facilities are also subject to inspection by the Administrator after completion of land-disturbing activities at least once every five years. In lieu of physical inspection, the Administrator may utilize the inspection reports of the owner of a stormwater management facility as part of the VESMP inspection program if the inspection is conducted by a person who is licensed as a professional engineer, architect, landscape architect, or land surveyor pursuant to VAC Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1; a person who works under the direction and oversight of the licensed professional engineer, architect, landscape architect, or land surveyor; or a person who holds an appropriate certificate of competence from the Department.

§ 38-414 Hearings and appeals.

[Added 6-25-2024 by Ord. No. 24-13]

No local hearing procedure is established for parties aggrieved by actions or decisions of the Administrator under this article. Pursuant to 9 VAC 25-875-160, appeals of decisions rendered by the Administrator under this article may be submitted for judicial review in the Fredericksburg Circuit Court, which shall conduct review in accordance with the standards established by § 2.2-4027 of the Code of Virginia.

§ 38-415 Right of entry.

[Added 6-25-2024 by Ord. No. 24-13]

Pursuant to either or both: (i) the terms of an LDP, VPDES permit, or recorded instrument; or (ii) to the fullest extent that a the right of entry may be authorized by § 62.1-44.15:39 or 62.1-44.15:60 of the Code of Virginia; the Administrator or a duly authorized agent of any governmental party identified in VEMSA, 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 this article.

In accordance with any performance agreement or terms associated with a surety bond, cash escrow, letter of credit, any combination thereof, or other legal arrangement, the Administrator or a duly authorized third party may also enter any establishment or upon any property, public or private, for the purpose of initiating or maintaining appropriate actions that are required by conditions imposed by this article or specific land disturbance approvals or other legal authority when an owner after notice reasonable under the circumstances has failed to take acceptable action within the time specified.

§ 38-416 Enforcement.

[Added 6-25-2024 by Ord. No. 24-13]

If the Administrator determines that there is a failure to comply with this article or determines there is an unauthorized discharge, enforcement may include informal and/or formal administrative enforcement procedures such as verbal warnings and inspection reports, notices of corrective action, consent special orders, and notices to comply.

In the event of failure to comply with the LDP or failure to obtain an LDP prior to commencing land-disturbing activities, written notice to comply shall be served by any of the following methods: (i) delivery by facsimile, email, or other technology; (ii) registered or certified mail to the address specified in the VPDES permit application or land records; or (iii) delivery at the site of the land-disturbing activities to the agent or employee supervising such activities previously identified to the Administrator as such by the permittee or owner.

The notice shall specify the measures needed to comply with the VPDES permit and/or LDP conditions and shall specify the time within which such measures shall be completed, except that in the event of failure to obtain a permit(s), the Administrator may require immediate compliance by stop work order. Upon failure to comply within the time specified, a stop work order may be issued in accordance with subsection B(2) or the permit(s) may be revoked by the Administrator.

After expiration of the time specified to comply (if any) provided in subsection B(1), the Administrator may issue a stop work 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(s) to cease all land-disturbing activities until the violation of the VPDES permit and/or LDP has ceased, or an approved plan and required permits are obtained, and specified corrective measures have been completed. 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.

Notwithstanding the foregoing, if the Administrator finds that any alleged noncompliance is causing 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, they 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 a stop work or emergency 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 § 38-416, Subsection C. The Administrator may count any days of noncompliance, including days subsequent to a notice to comply, as days of violation should they take enforcement action. In the event of default of construction of facilities for which a performance guarantee has been posted, the Administrator may also take action in accordance with the default provision applying to performance guarantees in the Unified Development Ordinance, which shall apply mutatis mutandis. The Administrator may collect from the operator any deficiency should the amount of the reasonable cost of the City's remedial actions exceed the amount of the performance guarantee.

The owner, permittee, or person conducting a land-disturbing activity may appeal the issuance of any order provided in this section by the Administrator to the Fredericksburg Circuit Court or other appropriate court.

Any person violating or failing, neglecting, or refusing to obey any rule, regulation, ordinance, order, approved standard or specification, or any VPDES permit and/or LDP condition issued by the Administrator may be compelled in a proceeding instituted in the Fredericksburg Circuit Court by the City to obey same and to comply therewith by injunction, mandamus or other appropriate remedy.

Violations for which a penalty may be imposed under this subsection shall include, but not be limited to, the following:

(a)

No state permit (VPDES permit) registration;

(b)

No SWPPP;

(c)

Incomplete SWPPP;

(d)

SWPPP not available for review;

(e)

No approved ESC 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 requirements of a VPDES permit.

The Administrator may cause issuance of a summons for collection of the civil penalty and prosecute the civil summons in the appropriate court.

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.

Any civil penalties assessed by a court shall be paid to the City Treasurer to be used for the sole purpose of stormwater management capital projects, including: (i) new stormwater BMPs; (ii) stormwater BMP maintenance, inspection or retrofitting; (iii) stream restoration; (iv) low-impact development projects; (v) buffer restoration; (vi) pond retrofitting; and (vii) wetlands restoration.