Pursuant to Code of Virginia, § 62.1-44.15:27, this chapter is adopted as part of an initiative to integrate the County of Page's stormwater management requirements with the County of Page's erosion and sediment control (Code of the County of Page, Virginia, Chapter
50), flood insurance (Code of the County of Page, Virginia, §
125-27), floodplain management (Code of the County of Page, Virginia, §
125-27), and Chesapeake Bay Preservation Act requirements into a unified stormwater program. The unified
stormwater program is intended to facilitate the submission and approval
of plans, issuance of permits, payment of fees, and coordination of
inspection and enforcement activities into a more convenient and efficient
manner for both the County of Page and those responsible for compliance
with these programs.
In addition to the definitions set forth in 9 VAC 25-870-10
of the Virginia Stormwater Management Regulations, as amended, which
are expressly adopted and incorporated herein by reference, the following
words and terms used in this chapter have the following meanings unless
otherwise specified herein. Where definitions differ, those incorporated
herein shall have precedence.
ACT
The Virginia Stormwater Management Act, Article 2.3 (§ 62.1-44.15:24
et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia.
ADMINISTRATOR
The VSMP authority including the County of Page staff person
or department responsible for administering the VSMP on behalf of
the locality.
AGREEMENT IN LIEU OF A STORMWATER MANAGEMENT PLAN
A contract between the VSMP authority and the owner or permittee
that specifies methods that shall be implemented to comply with the
requirements of a VSMP for the construction of a single-family residence;
such contract may be executed by the VSMP authority in lieu of a stormwater
management plan.
APPLICANT
Any person submitting an application for a permit or requesting
issuance of a permit under this chapter.
BEST MANAGEMENT PRACTICE or BMP
Schedules of activities, prohibitions of practices, including
both structural and nonstructural practices, maintenance procedures,
and other management practices to prevent or reduce the pollution
of surface waters and groundwater systems from the impacts of land-disturbing
activities.
CHESAPEAKE BAY PRESERVATION ACT LAND-DISTURBING ACTIVITY
A land-disturbing activity including clearing, grading, or
excavation that results in a land disturbance equal or greater than
2,500 square feet and less than one acre in all areas of jurisdictions
designated as subject to the regulations adopted pursuant to the Chesapeake
Bay Preservation Act, Code of Virginia, § 62.1-44.15:67
et seq.
CLEAN WATER ACT or CWA
The federal Clean Water Act (33 U.S.C § 1251 et
seq.), formerly referred to as the "Federal Water Pollution Control
Act" or "Federal Water Pollution Control Act Amendments of 1972,"
Public Law 92-500, as amended by Public Law 95-217, Public Law 95-576,
Public Law 96-483, and Public Law 97-117, or any subsequent revisions
thereto.
CONTROL MEASURE
Any best management practice or stormwater facility, or other
method used to minimize the discharge of pollutants to state waters.
DEPARTMENT
The Department of Environmental Quality.
DEVELOPMENT
Land disturbance and the resulting landform associated with
the construction of residential, commercial, industrial, institutional,
recreation, transportation or utility facilities or structures or
the clearing of land for nonagricultural or nonsilvicultural purposes.
GENERAL PERMIT
A state permit authorizing a category of discharges under
the CWA and the Act within a geographical area.
LAND DISTURBANCE or LAND-DISTURBING ACTIVITY
A man-made change to the land surface that potentially changes its runoff characteristics including clearing, grading, or excavation except that the term shall not include those exemptions specified in §
97-4B of this chapter.
LAYOUT
A conceptual drawing sufficient to provide for the specified
stormwater management facilities required at the time of approval.
MINOR MODIFICATION
An amendment to an existing general permit before its expiration
not requiring extensive review and evaluation, including, but not
limited to, changes in EPA-promulgated test protocols, increasing
monitoring frequency requirements, changes in sampling locations,
and changes to compliance dates within the overall compliance schedules.
A minor general permit modification or amendment does not substantially
alter general permit conditions, substantially increase or decrease
the amount of surface water impacts, increase the size of the operation,
or reduce the capacity of the facility to protect human health or
the environment.
OPERATOR
The owner or operator of any facility or activity subject
to regulation under this chapter.
PERMIT or VSMP AUTHORITY PERMIT
An approval to conduct a land-disturbing activity issued
by the Administrator for the initiation of a land-disturbing activity,
in accordance with this chapter, and which may only be issued after
evidence of general permit coverage has been provided by the Department.
PERMITTEE
The person to whom the VSMP authority permit is issued.
PERSON
Any individual, corporation, partnership, association, state,
municipality, commission, or political subdivision of a state, governmental
body, including federal, state, or local entity as applicable, any
interstate body or any other legal entity.
REGULATIONS
The Virginia Stormwater Management Program (VSMP) Permit
Regulations, 9 VAC 25-870 et seq., as amended.
SITE
The land or water area where any facility or land-disturbing
activity is physically located or conducted, including adjacent land
used or preserved in connection with the facility or land-disturbing
activity. Areas channelward of mean low water in tidal Virginia shall
not be considered part of a site.
STATE
The Commonwealth of Virginia.
STATE PERMIT
An approval to conduct a land-disturbing activity issued
by the State Board in the form of a state stormwater individual permit
or coverage issued under a state general permit or an approval issued
by the State Board for stormwater discharges from an MS4. Under these
state permits, the commonwealth imposes and enforces requirements
pursuant to the federal Clean Water Act and regulations, the Virginia
Stormwater Management Act and the Regulations.
STATE WATERS
All water, on the surface and under the ground, wholly or
partially within or bordering the commonwealth or within its jurisdiction,
including wetlands.
STORMWATER
Precipitation that is discharged across the land surface
or through conveyances to one or more waterways and that may include
stormwater runoff, snowmelt runoff, and surface runoff and drainage.
STORMWATER POLLUTION PREVENTION PLAN or SWPPP
A document that is prepared in accordance with good engineering
practices and that identifies potential sources of pollutants that
may reasonably be expected to affect the quality of stormwater discharges
from the construction site, and otherwise meets the requirements of
this chapter. In addition, the document shall identify and require
the implementation of control measures, and shall include, but not
be limited to, the inclusion of, or the incorporation by reference
of, an approved erosion and sediment control plan, an approved stormwater
management plan, and a pollution prevention plan.
SUBDIVISION
The same as defined in §
100-3 of the Subdivision Ordinance of Page County, Virginia.
TOTAL MAXIMUM DAILY LOAD or TMDL
The sum of the individual wasteload allocations for point
sources, load allocations for nonpoint sources, natural background
loading and a margin of safety. TMDLs can be expressed in terms of
either mass per time, toxicity, or other appropriate measure. The
TMDL process provides for point versus nonpoint source trade-offs.
VIRGINIA STORMWATER BMP CLEARINGHOUSE WEBSITE
A website that contains detailed design standards and specifications
for control measures that may be used in Virginia to comply with the
requirements of the Virginia Stormwater Management Act and associated
regulations.
VIRGINIA STORMWATER MANAGEMENT PROGRAM or VSMP
A program approved by the State Board after September 13,
2011, that has been established by a locality to manage the quality
and quantity of runoff resulting from land-disturbing activities and
shall include such items as local ordinances, rules, permit requirements,
annual standards and specifications, policies and guidelines, technical
materials, and requirements for plan review, inspection, enforcement,
where authorized in this article, and evaluation consistent with the
requirements of this article and associated regulations.
Appeals to decisions made by the Page County Board of Supervisors
are subject to judicial review by the Page County Circuit Court. Any
permit applicant or permittee, or person subject to chapter requirements,
aggrieved by any action of the Page County Board of Supervisors or
its designee may file an appeal with the Page County Circuit Court
within 30 days of the final decision rendered by the Board of Supervisors
(or its designee). Unless otherwise provided by law, the Circuit Court
shall conduct such review in accordance with the standards established
in Virginia Code § 2.2-4027, as amended, from time to time,
and the decisions of the Circuit Court shall be subject to review
by the Court of Appeals, pursuant to Virginia Code § 62.1-44.15:46,
1950, as amended from time to time.
(4 VAC 50-60-104.D and Code § 62.1-44.15:34) Prior to issuance
of any permit, the applicant shall be required to submit a reasonable
performance bond with surety, letter of credit, any combination thereof,
or such other legal arrangement acceptable to the local government
attorney, to ensure that measures could be taken by the County of
Page, Virginia, at the applicant's expense should he fail, after proper
notice, within the time specified to initiate or maintain appropriate
actions which may be required of him by the permit conditions as a
result of his land-disturbing activity. If the County of Page, Virginia,
takes such action upon such failure by the applicant, the locality
may collect from the applicant for the difference should the amount
of the reasonable cost of such action exceed the amount of the security
held, if any. Within 60 days of the completion of the requirements
of the permit conditions, such bond, letter of credit or other legal
arrangement, or the unexpended or unobligated portion thereof, shall
be refunded to the applicant or terminated.