Bulova Stormwater Bills Pass Both Chambers, Await Signature from Governor Northam

February 22, 2018

Two stormwater bills patroned by Delegate David Bulova have now passed both the House and Senate and will now be sent to Governor Ralph Northam for signing.

HB 377 (Bulova) eliminates the requirement to obtain a Virginia Water Protection Permit from the Department of Environmental Quality (DEQ) when modifying stormwater management facilities that was created on dry land for the purpose of conveying, treating, or storing stormwater.

HB 925 (Bulova) seeks to make several critical technical amendments to remedy recent stormwater regulatory changes. Specifically, the bill authorizes any locality that owns or operates a permitted municipal separate storm sewer system (MS4) to adopt and administer an industrial and high-risk runoff program. HB 925 limits the ability of the State Water Control Board to impose certain regulatory conditions on any locality that administers such a program (unless it is required to do so by federal law) and prohibits the Board from modifying existing MS4 permits to avoid such limitation. HB 925 also authorizes the Board to require a locality to report an industrial or commercial facility if it becomes aware of a violation of an industrial stormwater management requirement.

VACo, along with an array of other stakeholders including the Virginia Municipal League and the Virginia Municipal Stormwater Association, supported HB 377 and HB 925 throughout this legislative session.

VACo Contact: Chris McDonald, Esq.

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