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Virginia's Stormwater Control/Prevention Requirements

The Virginia Department of Environmental Quality (DEQ), the State Water Control Board and the EPA regulate water resources and water pollution in Virginia. They administer programs created by the federal Water Pollution Control Act of 1972, commonly known as the Clean Water Act (CWA), the federal Water Quality Act of 1987, and a 1984 amendment to the federal Resource Conservation and Recovery Act.

Section 402 of the CWA established the National Pollutant Discharge Elimination System to limit pollutant discharges into streams, rivers and bays. The Virginia DEQ administers the program in Virginia and calls it the Virginia Pollutant Discharge Elimination System. Though DEQ requires VPDES permits for all point source discharges to surface waters, EPA maintains authority to review applications and permits for "major" dischargers, a distinction based on discharge quantity and content.

DEQ, the Department of Conservation and Recreation and the Chesapeake Bay Local Assistance Department are coordinating three separate state programs that regulate the management of pollution carried by stormwater runoff. The programs developed from separate state and federal laws passed to address surface water contamination from land use activities.

Clean Water Act

Virginia Stormwater Act

Chesapeake Bay Preservation Act

The federal Clean Water Act (CWA) requires large cities and urbanized counties to develop stormwater management plans and obtain discharge permits for stormwater outfalls. In Virginia this program will be handled by DEQ, which will issue Virginia Pollutant Discharge Elimination System permits to localities. Companies must submit applications to DEQ to ensure that stormwater discharges that enter streams directly from industrial activities also are permitted.

The Virginia Stormwater Management Act enables local governments to establish management plans and adopt ordinances that require control and treatment of stormwater runoff to prevent flooding and contamination of local waterways. Local programs must meet or exceed the minimum standards contained in regulations. Under the act, state agencies must employ management practices whether or not the locality in which a state facility is to be located has a program.

The Chesapeake Bay Preservation Act establishes requirements for stormwater management within Chesapeake Bay Preservation Areas in all Tidewater localities. Under this legislation, each local government enforces its own program, which has been patterned on a model developed by the Chesapeake Bay Local Assistance Board and Department.

The CWA requires stormwater permits for three general categories; industrial activity, construction activity, and municipal separate storm (drain) sewer systems (MS4s). Virginia Regulation 9 VAC 25-151-10 et. seq. lists the types of industrial activities that require a VPDES permit for discharges of stormwater associated with industrial activity. These activities include, but are not limited to:

Storage facilities, especially hazardous waste or materials storage
Maintenance or repair shops
Printing shops
Motor pools
Steam-generating facilities
Transportation facilities
Marina operation including maintenance of boats
Manufacturing facilities

The burden is on each individual facility to determine if there is an activity at the facility that meets the definition "industrial," and would therefore require a VPDES permit. Regulations concerning stormwater permitting requirements for MS4s are also covered in these Sections of the Regulation. Virginia Regulation 9 VAC 25-180-10 et. seq. describes the activities that require a VPDES permit for discharges of stormwater associated with construction activities that disturb at least one acres of land. For additional information on stormwater permitting, fees, monitoring requirements, etc., please contact the Virginia Department of Environmental Quality, Water Permits Program, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, Virginia 23462, (757) 518-2000.

Stormwater Pollution Prevention (P2) Plans
Stormwater P2 plans are a requirement associated with obtaining a VPDES permit for stormwater discharges. Stormwater P2 plans consist of steps to identify a facility's potential sources of pollution or contamination and methods to prevent or control stormwater pollution.

The steps are grouped into five phases:

1. Planning and organization
2. Assessment
3. Best Management Practices (BMP) identification
4. Implementation
5. Evaluation/monitoring.

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