Proposed Stormwater Management Requirements for Virginia

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Proposed Stormwater Management Requirements for
Virginia
Rappahannock River Basin Commission June 24,
2009
Presented by Jack E. Frye, Director,
DCR-Division of Soil and Water Conservation
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Key Points

• Virginia is addressing all pollutant sources
  waste water, stormwater and agriculture
• Stormwater is fastest growing pollution source
• Best science and modeling have been applied
• 3 years and 50 public meetings to develop
• Integrate stormwater management into local ESC
  programs

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Developing Developed Lands Nonpoint Source
Programs

• Erosion and Sediment Control
• Reduce sediment-laden runoff from construction
  sites
• DCR oversees 164 locally administered programs
• 85 local programs consistent with state law
• 17,700 trained certified local staff
  contractors
• Stormwater Management
• Reduce long-term negative impacts to water
  quality quantity resulting from land
  development prevent downstream flooding
• Regulatory changes proposed locally run program
  focus coordination with ESC at local level

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Agencies and Boards with Stormwater Management
Programs2004

• Department of Conservation and Recreation
• Board of Conservation and Recreation
• Virginia Soil and Water Conservation Board
• Department of Environmental Quality
• State Water Control Board
• Chesapeake Bay Local Assistance Department
• Chesapeake Bay Local Assistance Board

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Virginias Stormwater Management Act of 2004

• Code of Virginia Sec. 10.1-603
• Consolidated VA stormwater programs from multiple
  agencies into Department of Conservation
  Recreation
• Authorizes future transfer of stormwater
  permitting to localities. federal general permit
  coverage
• Localities with MS4 permits and localities within
  the VA Chesapeake Bay Preservation Act area must
  adopt a local stormwater management program (107
  localities) all other localities may adopt or
  defer to DCR to implement.
• VA Soil and Water Conservation Board (SWC Board)
  authorized to adopt regulations for stormwater
  management programs in Virginia standards for
  stormwater management for water quality and
  quantity

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SW Statutory Authority

• 10.1-603.4. Development of regulations.
• The Board is authorized to adopt regulations that
  specify minimum technical criteria and
  administrative procedures for stormwater
  management programs in Virginia. The regulations
  shall ..
• 1. Establish standards and procedures for
  delegating the authority for administering a
  stormwater management program to localities
• 3. Require the provision of long-term
  responsibility for and maintenance of stormwater
  management control devices and other techniques
  specified to manage the quality and quantity of
  runoff
• 8. Encourage low impact development designs,
  regional and watershed approaches, and
  nonstructural means for controlling stormwater
  and
• 9. Promote the reclamation and reuse of
  stormwater for uses other than potable water in
  order to protect state waters and the public
  health and to minimize the direct discharge of
  pollutants into state waters
• 11. Provide for the evaluation and potential
  inclusion of emerging or innovative stormwater
  control technologies that prove effective in
  reducing nonpoint source pollution

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Proposed Stormwater Management Regulations

• July 2005 VA SWC Board authorized regulatory
  action by DCR
• May 2006 to September 2008 Technical Advisory
  Committees met (17 TAC meetings, 4 subcommittee
  meetings, 13 technical advisory group meetings, 7
  charrettes, 3 public meetings)
• TAC participants included local government,
  engineers, conservation orgs, development
  community, etc.
• September 2008 VA SWC Board approved proposed
  regulations
• June 22 2009 60 day public comment period
  begins
• Fall 2009 VA SWC Board adopts regulations
• July 1, 2010 earliest effective date of
  regulations
• Localities have 15 - 21 months to adopt
  ordinances to implement regulations. (Optional
  localities have 6 months to decide if they will
  implement or defer to DCR to implement.)

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Future administration of construction stormwater
programs in VA

• Localities with MS4 permits and localities within
  the CBPA Area must adopt a local stormwater
  management program according to a schedule set by
  the Board but no sooner than 15 months and not
  more than 21 months following the effective date
  of the regulation that establishes local program
  criteria and delegation procedures
  (HB1991effective date cannot be prior to July 1,
  2010).

• Localities not covered by a MS4 permit or not
  within the CBPA Area may elect to adopt a local
  stormwater management program.
• In the absence of an adopted local stormwater
  management program, DCR will operate a program
  within a locality.

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Locality Administered Program DCR Administered
Program

• Technical Criteria
• Administrative Requirements
• Plan Review Criteria
• Inspection Criteria
• Enforcement Criteria
• SWM Facility Inspection Maintenance
• Reporting Record Keeping

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SWM Handbook Update

• To conform it to the revised regulations
• To include additional information useful in
  achieving better SWM designs and solutions
• To reflect improved understanding of BMP design
  and performance
• To explain improved compliance methodology

SWM BMP Clearinghouse Website

• Cooperative venture with Va. Water Resources
  Research Center
• at Va. Tech
• Web Site new home for VA approved SWM BMP
  standards and
• specifications will allow for timely updates of
  standards
• supported by new research and technology
  improvements

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Proposed Stormwater Management Regulations
changes

• Change from the Simple Method to a
• Runoff Reduction Method for runoff
  calculations
• Accommodates variations in runoff based on land
  cover conditions
• Allows for consideration of more variables
• Engages site layout considerations
• More closely mimics real-world runoff conditions

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Runoff Reduction Method

• Total annual runoff volume reduced through
• Tree canopy interception/Green Roof
• Soil interception
• Evaporation
• Transpiration
• Rainfall harvesting
• Engineered infiltration

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Reduction 60 Unit Cost 11/cf
Reduction 50 Unit Cost 225/cf
Reduction 60 Unit Cost 6/cf
Reduction 5 Unit Cost 3/cf
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Runoff Reduction Method

• 3 Land Covers and 3 Step Compliance
• Managed turf Impervious Forest/open space
• (use land cover runoff to compute P loads)
• Step 1 Design site to minimize impervious cover,
  grading loss of forest
• Step 2 Apply runoff reduction
• practices
• Step 3 Compute pollutant removal
• by selected BMPs

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Pollutant Removal Practices

• Level 1 and Level 2 for each
• Filtering practices
• Constructed wetlands
• Wet swale
• Wet pond

Constructed Stormwater Wetlands
Level 2
Level 1
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Runoff Volume Reduction

• Environmental Site Design
• Conserve forest, soil restoration, roof
  disconnection
• Reduction Practices
• Sheet flow to open space, rain gardens, rain
  tanks/cisterns, green roof, grass channels,
  infiltration, permeable pavement, biofiltration

Cistern VDOT New Kent
Infiltration
Permeable pavement
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Proposed Stormwater Management Regulations
specific changes

• Stormwater Quality Standards
• Consistent State-wide
• Establishes a phosphorus runoff target for all
  development of
• 0.28 lbs/acre/year (now 0.45 lbs/acre/year)
• Redevelopment requires 20 phosphorus reduction
  (10 now)
• Stormwater Quantity Standards
• Stream channel protection standards based on
  1-year 24-hour storm (current standard 2-year
  storm)
• Flood protection standards based on 10-year storm
  event (same as current standard)
• Promotes better site design, low impact
  development rainwater harvesting techniques
  in site design process
• Allows for regional approaches offsets

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Proposed Fee Distribution

• Presently - DCR runs the program and receives
  100 of fee
• State law requires fees to cover the cost of
• operating the program- these fees are inadequate
• New- Fees to cover both local program operation
  state oversight (fee split)
• Locality Program Locality gt72, DCR lt28
• DCR Program - DCR 100 of permit fee

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Proposed Fees - Initial Coverage

• 2,500 sqft lt 0.5 acre - 290
• gt 0.5 acre lt 1 acre - 1,500
• gt 1 acre lt 5 acres - 2,700
• gt 5 acres lt 10 acres - 3,400
• gt 10 acres lt 50 acres - 4,500
• gt 50 acres lt 100 acres - 6,100
• gt 100 acres - 9,600
• Individual Permit - 15,000

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Summary Points

• Goal of achieving Bay and statewide water quality
  needs
• Extensive input on VAs proposed SW regulations
  seeking broad exposure and comments from public
• Runoff Reduction basis of new standards
• Functional green infrastructure opportunity is
  significant
• Strongly promote rainwater harvesting
  stormwater use
• Has a place in water supply planning
• Reduction in potable water needs
  infrastructure energy efficiency improved water
  security in droughts disasters an element of
  homeland security
• Law requires permit fees adequate to fund the
  program
• www.dcr.virginia.gov click on Policy,
  Regulations and Public Comment