DEQ releases its Notice of Intended Regulatory Action for Consolidation of stormwater management programs

February 20, 2019

The Department of Environmental Quality (DEQ) has published its Notice of Intended Regulatory Action (NOIRA) stemming from 2016 legislation that attempts to consolidate Virginia Erosion Control and Stormwater Management Programs.

Chapters 758 and 68 of the 2016 Acts of Assembly (House Bill 1250 and Senate Bill 673) combine the existing Virginia Stormwater Management Act (VSMA) and Virginia Erosion and Sediment Control Law (VESCL) to create the Virginia Erosion and Stormwater Management Act (VESMA) and directs the State Water Control Board (the Board) to permit, regulate, and control both erosion and stormwater runoff.

For this legislation to become effective, the Board is required to initiate a regulatory action to consolidate and clarify program requirements, eliminate redundancies, and correct inconsistencies between the erosion and sediment control and stormwater management program regulations. Affected regulations may include 9 VAC 25-830 – Chesapeake Bay Preservation Area Designation and Management Regulations, 9 VAC 25-840 – Erosion and Sediment Control Regulations, 9 VAC 25-850 – Erosion and Sediment Control and Stormwater Management Certification Regulations, 9 VAC 25-870 – Virginia Stormwater Management Program Regulation, 9 VAC 25-880 – General VPDES Permit for Discharges of Stormwater from Construction Activities, and 9 VAC 25-890 – General VPDES Permit for Discharges of Stormwater from Small Municipal Separate Storm Sewer (MS4) Systems.

DEQ is seeking comments on this regulation, including but not limited to: ideas to be considered in the development of this regulation, the costs and benefits of the alternatives stated in this background document or other alternatives, and the potential impacts of the regulation. Additionally, a Regulatory Advisory Panel (RAP) will be appointed, so those interested in a possibly appointment should indicate so in their comment.

Comments may be submitted via the Virginia Regulatory Town Hall website until 11:59pm on March 6, 2019. For more information, please see the online posting of the Notice.

VACo Contact: Chris McDonald, Esq.

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