Stormwater Update

1. StormwaterUpdate VaSWCD Annual Meeting December 4, 2012

2. Virginia’s Chesapeake Bay WIP • In March, Virginia submitted its Phase II WIP to EPA.  The WIP was accepted by EPA as sufficient to meet the Bay goals.  • Ongoing work with the Bay Program to improve the models. • Land use data collected from localities as part of the WIP II process has been submitted to the Land Use Workgroup. • Current BMP data provided by localities is being worked into our progress reporting. • Much of the Commonwealth’s WIP implementation focus: Urban Stormwater • MS4s • Nutrient Trading Expansion • Construction General Permit • Local VSMP Stormwater Programs

3. Southern Rivers TMDLs • Currently a considerable amount of TMDL IP development ongoing in the Roanoke and Tennessee/Big Sandy River Basins • DEQ will be undertaking a TMDL study in a large portion of the New River Basin in 2013 due to PCBs. • Trend is that the TMDL studies and subsequent IPs are increasing in geographical scale to encompass multiple localities.

4. Southern Rivers TMDLs • Ongoing TMDL Studies • Clinch River, Cove Creek (Scott) • Laurel Creek and Tributaries (Russell, Tazewell) • Banister River, below Banister Lake to the Dan River (Halifax) • Little Otter River (Bedford) • Ongoing TMDL Implementation Plans • Roanoke River Basin, (Montgomery, Salem, Botetourt, Roanoke City, Roanoke County) – DEQ • Indian Creek, Little River, Clinch River & Tributaries (Russell , Tazewell) – DEQ • North Fork Holston River (Bland, Russell, Scott, Smyth, Tazewell, Washington) – DEQ • Middle Fork Holston River & Wolf Creek (Smith, Wythe, Washington) – DCR • Smith River, Mayo River & Tributaries  (Henry, Patrick) – DCR

5. MS4 Update • Multiple Ongoing Efforts • Phase I Individual Permits Reissuance • Phase II GP Reissuance • Program Goals • Phase I and II Consistency • Program Consistency • Measurable Goals • Clarify How to Comply • Flexibility & “Implementable” • Chesapeake Bay WIP Commitments

6. Nutrient Trading Expansion • 2012 Legislation • Current Point and Non-Point Programs • Expansion: Nutrient Trading Act • Additional Sectors: MS4s, Industrial SW, CAFOs • Establish Nutrient Credit Exchange • Regulatory Action: Credit Certification • VSWCB June Authorized DCR for NOIRA • NOIRA July 2012 • RAP Fall 2012 – Winter 2013

7. Construction GP Reissuance • Accelerated Timeframe - Model Ordinance • Have held 6 meetings. Next is Friday Jan 4, 2013 • Proposed Regs to Board Dec. 2012 delayed • Effective Date July 1, 2014 • Primary Issues • Define Common Plan of Development – Guidance • Specificity of ELGs –buffers, etc. • Cross Jurisdictional Issues • Address TMDL WLA • Simplification

8. Local SW Program Adoption • VSMP currently State run by DCR • Plan Review Time/Construction Delays • State vs Local Confusion • Streamline SW Programs/One Stop Shop • Compliance = Water Quality & Flood Control • Local Programs • Local Control/Issues • Local Water Quality • Localized Flooding • Developing Now

9. VSMP Local Programs • Effective September 13, 2011 • Implementation Date July 1, 2013 • One year extension to July 1, 2014 • Substantive Progress • DCR Assistance Efforts • SLGAC • Regional Outreach, Surveys • Tool Kit, Guidance • Model Ordinance • RFP

10. Local Program Development Grants • 100 Localities Awarded • $3.7 Million Requested • $2.09 Million Awarded • Basis: • proposal’s budget • quality of the Scope of Work based on the evaluation criteria • number of entities covered in the proposal.

11. Coverage of Funding

12. VSMP Training Plan • Phased Training • Train the Trainer • Regional General Training • http://dcrswtraininggeneral.eventbrite.com/ • Certification Program – Spring 2013 • Plan Reviewer • Inspector • Program Administrator • Dual

13. Local Program Elements • Permit Application/Fee Collection • Plan Review • Permit Issuance • Inspections • Compliance/Enforcement • DCR Oversight – Program Compliance Review Elements of Erosion and Sediment Control

14. Program Adoption Timeline • April 1, 2013 to DCR • Substantive Progress Package • Local Contact Person • Draft Funding and Staffing Plan • Draft Local Ordinance • Between Now and July 1, 2014 • Required Programs Elements, FAQ, Tool Kit • Model Ordinance • http://www.dcr.virginia.gov/lrswlgac01.shtml

15. Local Permit Fees • Once local programs are approved and in operation, the following fees will apply: Initial Maintenance • 2,500 sqft < 0.5 acre = $290 $50 • Comm. POD < 1 acre = $290 $50 • ≥ 0.5 acre < 1 acre = $1,500 $200 • ≥ 1 acre < 5 acres = $2,700 $400 • ≥ 5 acres < 10 acres = $3,400 $500 • ≥ 10 acres < 50 acres = $4,500 $650 • ≥ 50 acres < 100 acres = $6,100 $900 • ≥ 100 acres = $9,600 $1,400 Local governments can gain approval from the Board to have lower or higher fees; however, DCR’s portion is based on the 28% of the published initial fees.

16. Revised Stormwater Management Handbook The draft Revised Stormwater Management Handbook can be found at DCR’s web-site. Developed to provide additional guidance to accompany the regulations. Contains chapters with example problems

17. BMP Clearinghouse Design standards and specifications of BMPs approved for use in Virginia to control the quality and/or quantity of stormwater runoff. • Traditional practices, such as detention or wet ponds; • Low impact development practices, such as bioretention and roof drain disconnection; • Manufactured treatment devices, such as hydrodynamic separators and filters. Website disseminates the results of Virginia’s process to evaluate and certify the performance claims of manufactured/proprietary BMPs. VTAP: Phases of Acceptance.

18. Coordination is Key RR Methodology SWM Handbook BMP Clearinghouse

19. Question and Answer Ginny Snead, PE Office of Regulatory Programs Manager Virginia.Snead@dcr.virginia.gov