SWM Federal/State Laws (Module 3)

Question 1

Describe the significance of the Federal Water Pollution Control Act of 1948.

Answer 1

it was one of the earliest references to clean water as a resource and it one of the earliest references to protecting water quality through managed reduction of pollutants flowing into waterways.

(Module 3 / Page 3)

Question 2

Describe the significance of the Clean Water Act of 1972.

Answer 2

It created the Environmental Protection Agency and it established the National Pollutant Discharge Elimination System (NPDES) to control water pollution by regulating point sources that discharge pollutants.

(Module 3 / Page 3)

Question 3

When was the Chesapeake Bay Preservation Act passed?

Answer 3

1988

Module 3 / Page 5

Question 4

What was the goal or purpose of the Chesapeake Bay Preservation Act?

Answer 4

to protect “the public interest in the Chesapeake Bay, its tributaries, and other state waters”

(Module 3 / Page 5)

Question 5

How did the Chesapeake Bay Preservation Act lead the way in reducing storm-water pollution?

Answer 5

It created the first requirements for nutrient runoff control in the post-construction phase of a development project.

(Module 3 / Page 5)

Question 6

When was the Virginia Storm-water Management Act passed?

Answer 6

1989

Module 3 / Page 6

Question 7

What two major changes to storm-water management in Virginia occurred as a result of the passage of the Integration Bill (or House Bill 1065)?

Answer 7

• It required certain counties, cities, and towns to adopt and administer a local VSMP
• Designers will now focus on reducing the post-development stormwater runoff volume from a site as well as meeting more stringent nutrient load reduction requirements.

(Module 3 / Page 6)

Question 8

What determines if a locality in Virginia must adopt a VSMP?

Answer 8

If they have a regulated MS4 permit.

Module 3 / Page 7

Question 9

What is a land-disturbing activity?

Answer 9

a manmade change to the land surface that potentially changes its runoff characteristics including clearing, grading, or excavation.

(Module 3 / Page 9)

Question 10

What is the State Water Control Board “required” to do?(list 3 things)

Answer 10

Permit, regulate, and control stormwater runoff

Module 3 / Page 9

Question 11

Who must adopt a VSMP for land-disturbance activities?

Answer 11

Counties, Cites, and towns operating regulated MS4 programs

Module 3/ Page 10

Question 12

How should the post development runoff rate of flow and characteristics relate to the existing pre-development runoff characteristics based on the regulations?

Answer 12

The post-development runoff rate of flow and characteristics should replicate, as nearly as practicable, the existing pre-development runoff characteristics and site hydrology; or improve upon the pre-development site conditions if stream channel erosion or localized flooding exists.

(Module 3 / Page 11)

Question 13

What (3 things) must stormwater management practices be designed to do based on the regulations?

Answer 13

• Detain the water quality volume and release it over 48 hours
• Detain and release over a 24-period the expected rainfall resulting from the one-year 24 hr storm.
• Reduce the allowable peak flow rate resulting from the 1.5-year, 2-year, and 10 year, 24-hr storms to a level that is less than or equal to the peak flow rate from the site assuming it was in a good forested condition by using the energy balance equation.

(Module 3 / Page 11)

Question 14

Who must submit annual standards and Specifications that describe how land disturbing activities must be conducted?

Answer 14

• State Entities
• Linear Projects (electric, natural gas, telephone, railroad)

(Module 3 / Page 12)

Question 15

What is the definition of flooding?

Answer 15

a volume of water that is too great to be confined within the banks or walls of the stream, water body, or conveyance system and that overflows onto adjacent lands, thereby causing or threatening damage.

(Module 3 / Page 13)

Question 16

What is the definition of a watershed?

Answer 16

a defined land area drained by a river or stream, karst system, or system of connecting rivers or streams such that all surface water within the area flows through a single outlet.

(Module 3 / Page 13)

Question 17

If a locality wants to adopt a more stringent ordinance, what does this ordinance need to be based upon?

Answer 17

-Factual findings of local or regional comprehensive watershed management studies or findings

(Module 3 / Page 13)

Question 18

What are reasonable goals that will allow a stricter ordinance to necessary to a locality? (Hint: there are 4)

Answer 18

• Prevent further degradation to water resources
• Address TMDL requirements
• Protect exceptional state waters
• Address specific existing water pollution including nutrient and sediment loadings, stream channel erosion, depleted groundwater resources, or excessive localized flooding within the watershed.

(Module 3 / Page 13)

Question 19

What must a locality do before adopting a more stringent ordinance? And what must a locality submit if they adopt a more stringent ordinance.

Answer 19

The locality must hold a public hearing and the locality must submit a “letter report” to the Department within 30 days. The letter report must include a summary of why the ordinance is necessary.

(Module 3 / Pages 13-14)

Question 20

How many days after a more stricter ordinance has been adopted does a landowner have to request a review by the department?

Answer 20

90 days

Module 3 / Page 14

Question 21

What two things can a VSMP authority do if they do not approve of the use of a Board approved BMP?

Answer 21

• They can prohibit the use of that BMP based on site specific concerns
• or require more stringent conditions for a specific land-disturbing project based on a review of the stormwater management plan and project site conditions

(Module 3 / Page 14)

Question 22

What can nutrient credits not be used to address?

Answer 22

Water quantity control requirements

Module 3 / Page 16

Question 23

When can nutrient credits be used to allow compliance with water quality?

Answer 23

In the same tributary

Module 3 / Page 16

Question 24

When must a VSMP authority allow the use of offsite options for nutrient credits? (Hint: there are three)

Answer 24

• If less than 5 acres of land will be disturbed
• If post construction P control requirement is less than 10 lbs/yr
• If the applicant demonstrates that they have done everything that they could to design onsite controls to meet the requirements but they cannot practicably be met onsite

(Module 3 / Page 17)

Question 25

When can inspectors enter establishments or properties?

Answer 25

At reasonable times and under reasonable circumstances for the purpose of obtaining information, conducting surveys, or investigations necessary to enforce the VSMA.

(Module 3 / Page 19)