Virginia SWM Program Regulations - 870-44-47, 114, & 126

Question 1

What information shall be provided by a VSMP to the department on a yearly basis?

Answer 1

1.) info on each permanent Stormwater management facility completed during the fiscal year with geographic coordinates, acres treated, and surface water into which the facility discharges. 2.) number and type of enforcement actions. 3.) number of exceptions granted

9VAC25-870-126 A 1-3

Question 2

How long shall a VSMP keep project records, including approved Stormwater management plans?

Answer 2

Project records, including approved Stormwater management plans shall be kept for 3 years after state permit termination or project completion.

9VAC25-870-126 B 1

Question 3

How long shall a VSMP keep Stormwater management facility inspection records?

Answer 3

Stormwater management facility inspection records shall be documented and retained for at least five years from the date of inspection.

9VAC25-870-126 B 2

Question 4

How long shall a VSMP retain construction record drawings?

Answer 4

Construction record drawings shall be maintained in perpetuity or until a Stormwater management facility is removed.

9VAC25-870-126 B 3

Question 5

How long shall a VSMP retain a registration statement submitted in accordance with 9VAC25-870-59?

Answer 5

All registration statements submitted in accordance with 9VAV-870-59 shall be documented and retained for at least three years from the date of project completion or state project termination.

9VAC25-870-126 B 4

Question 6

What 4 things shall a VSMP inspect during construction of a land disturbing activity?

Answer 6

1.) compliance with the approved erosion and sediment control plan; 2.) compliance with the approved Stormwater management plan; 3.) Developement, updating, and implementation of a pollution prevention plan; and 4.) Developement and implementation of any additional control measures necessary to address a TMDL.

9VAC25-870-114 A 1-4

Question 7

When a VSMP establishes an inspection program for adequate maintenance of Stormwater management facilities as designed after completion, what requirement does this program need to meet?

Answer 7

1.) be approved by the board; 2.) ensure each Stormwater management facility is inspected by the VSMP or its designer, at least once every five years. 3.) be documented by records.

9VAC25-870-114 B 1-3

Question 8

What should a VSMP strategy for addressing maintenance of Stormwater management facilities to treat Stormwater runoff from an individual residential lot include?

Answer 8

1.) period inspection; 2.) homeowner outreach and education; 3.) other methods targeted at promoting long term maintenance of such facilities.

9VAC25-870-114 D

Question 9

What is the fiscal year for reports and record keeping purposes? And when shall a VSMP report to the department by?

Answer 9

Fiscal year is from July 1 to June 30

A VSMP shall report to the department by October 1st.

9VAC25-870-126 A

Question 10

In what case(s) can a VSMP utilize the inspection reports of the owner of a Stormwater management facility as part of an inspection program?

Answer 10

If the inspection is conducted by a person who is licensed as a professional engineer, architect, landscape architect, or land surveyor; 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 board. 9VAC25-870-114 C

Question 11

Based on 9VAC25-870-47, how do the the Virginia Stormwater Management Program Regulations relate to other laws and regs? (Ex. The CWA, Virginia Stormwater Management Act, Virginia E&SC Law, and the Chesapeake Bay preservation Act)

Answer 11

Nothing in the Virginia Stormwater Management Program Regulations shall be construed as limiting the applicability of other laws and regulations.

9VAC25-870-47 A

Question 12

Based on 9VAC25-870-47, how do the the Virginia Stormwater Management Program Regulations relate to other federal agencies, state agencies, or local governments?

Answer 12

Federal, state, and local agencies can impose more stringent regulations as allowed by law.

9VAC25-870-47 A

Question 13

What part of the regulations should an LDA follow if the obtained a permit or commenced land disturbance prior to July 1, 2014?

Answer 13

Part II C

9VAC25-870-47 B

Question 14

What part of the regulations should an LDA follow if the obtained a permit or commenced land disturbance on or after July 1, 2014?

Answer 14

Part II B

9VAC25-870-47 C

Question 15

What section in the regulations prohibits an operator from constructing to a more stringent standard?

Answer 15

Trick Question. No section of the regulations precludes an operator from constructing to a more stringent standard at their discretion.

9VAC25-870-47 D

Question 16

What are the “general objectives” of Part II of the Virginia Stormwater Management Program Regulations?

Answer 16

To maintain, protect, or improve the physical, chemical, biological, and hydrologic characteristics and the water quality and quantity of the receiving state waters.

9VAC25-870-46

Question 17

How should control measures be used?

Answer 17

In a manner that minimizes impacts on receiving state waters.

9VAC25-870-46

Question 18

When will the technical criteria in Part II A and Part II B be implemented by a VSMP?

What should be used until then?

Answer 18

When a General Permit for Discharges of Stormwater from Construction Activities has been issued that incorporates such criteria.

Use Part II C until then.

9VAC25-870-45

Question 19

What is the board required to do because of the Vurginia Stormwater Management Act?

Answer 19

To take actions ensuring the general health, safety, and welfare of the citizens of the commonwealth as well as protecting the quality and quantity of state waters from the potential harm of unmanaged Stormwater.

9VAC25-870-44

Question 20

What is the board authorized to do based on the Code of Virginia?

Answer 20

To adopt regulations that specify standards and procedures for VSMPs, to establish statewide standards for Stormwater management for LDAs, and to protect properties, the quality and quantity of state waters, the physical integrity of stream channels, and other natural resources.

9VAC25-870-44