[Added 6-24-2014 by Ord. No. 14-29[2]]
A.
The purpose of this article is to:
(1)
Ensure the general health, safety and welfare of the citizens of
the City of Fredericksburg;
(2)
Protect the quality and quantity of state waters from the potential
harm of unmanaged stormwater, including protection from a land-disturbing
activity causing unreasonable degradation of properties, water quality,
stream channels, and other natural resources;
(3)
Establish procedures whereby stormwater requirements related to water
quality and quantity shall be administered and enforced.
B.
Pursuant to § 62.1-44.15:27 of the Code of Virginia, the
City of Fredericksburg hereby establishes a Virginia Stormwater Management
Program for land-disturbing activities and adopts the applicable regulations.
The City Manager shall designate the administrator of this program,
which shall be administered in conjunction with the City's Municipal
Separate Storm Sewer System (MS4) Program and its Erosion and Sediment
Control Program.
A.
Terms used in this article shall have the definitions set forth in
the Virginia Stormwater Management Regulations found at 9 VAC 25-870-10,
and Code of Virginia § 62.1-44.15:35, as amended, unless
defined herein.
B.
ADMINISTRATOR
CHESAPEAKE BAY LAND DISTURBING ACTIVITY
DEPARTMENT
GRANDFATHERED LAND-DISTURBING ACTIVITY
LAND-DISTURBING ACTIVITY
OPERATOR
(1)
(2)
REGULATIONS
STATE BOARD
SWPPP
VSMP PERMIT
The following additional definitions apply:
The person or position designated in writing by the City
Manager to administer this article on behalf of the City, and any
duly authorized agent of the administrator.
A man-made change to the land surface that potentially changes
its runoff characteristics, including clearing, grading or excavation,
which disturbs an area equal to or greater than 2,500 square feet
and less than one acre. The term does not include land-disturbing
activities associated with a single-family residence separately built
and disturbing less than one acre, not part of a common plan of development
or sale, including additions or modifications to existing single-family
detached residential structures.
The Virginia Department of Environmental Quality.
Until June 30, 2019, any land-disturbing activity for which
a currently valid proffered or conditional zoning plan, preliminary
or final subdivision plat, preliminary or final site plan or zoning
with a plan of development, or any document determined by the administrator
as being equivalent thereto, was approved by a City prior to July
1, 2012, and for which no coverage under the general permit for discharges
of stormwater from construction activities has been issued prior to
July 1, 2014.
A man-made change to the land surface that potentially changes
its runoff characteristics, including clearing, grading, or excavation,
that disturbs an area equal to or greater than one acre. The term
does not include those activities exempt from the VSMP permit requirement
pursuant to Code of Virginia § 62.1-44.15:34(C)(1), (2),
(4), (5), (6), (7), and (8).
The owner or operator of any facility or activity subject
to the Virginia Stormwater Management Act, Article 2.3 of Chapter
3.1 of Title 62.1 of the Code of Virginia. In the context of stormwater
associated with a large or small construction activity, "operator"
means any person associated with a construction project that meets
either of the following criteria:
The person has direct operational control over construction
plans and specifications, including the ability to make modifications
to those plans and specifications; or
The person has day-to-day operational control of those activities
at a project that are necessary to ensure compliance with a stormwater
pollution prevention plan for the site or other state permit or VSMP
authority permit conditions.
The Virginia Stormwater Management Program (VSMP) Permit
Regulations, 9 VAC 25-870-10, et seq., as amended, or successor regulations.
The Virginia State Water Control Board.
A stormwater pollution prevention plan as defined in 9 VAC
25-870-10.
A consolidated stormwater management and erosion and sediment
control permit.
A.
No person may conduct a Chesapeake Bay land-disturbing activity,
a land-disturbing activity, or a grandfathered land-disturbing activity
except in compliance with a VSMP permit issued by the administrator
in accordance with the provisions of this article. A Chesapeake Bay
land-disturbing activity does not require a registration statement
or coverage under the state general permit for discharge of stormwater
from construction activities. A land-disturbing activity does require
a state general permit and must be conducted in compliance therewith.
B.
No City officer shall issue a grading or building permit for one
of the foregoing land-disturbing activities until the VSMP permit
is issued.
A.
The operator of a Chesapeake Bay land-disturbing activity shall submit
a complete VSMP permit application to the administrator demonstrating
compliance with the technical criteria set forth in 9 VAC 25-870-51.
B.
The operator of a land-disturbing activity shall submit a complete
application to the administrator. The application shall include an
erosion and sediment control plan, stormwater pollution prevention
plan, stormwater management plan, a pollution prevention plan, and
a registration statement for state permit coverage as described in
Part IIA of the Regulations. The contents of each required plan shall
conform to the applicable City Code or regulation. The application
shall demonstrate compliance with the technical criteria and program
and administrative requirements of Part IIB of the Regulations.
C.
The operator of a grandfathered land-disturbing activity, as defined
in 9 VAC 25-870-48, shall submit a complete application demonstrating
compliance with the technical criteria in Part IIC of the Regulations.
D.
All applications shall be accompanied by payment of applicable fees
as set forth in 9 VAC 25 Chapter 870, which are incorporated by reference.
The administrator shall review and approve applications in accordance
with the following process:
A.
The administrator shall determine whether the application is complete in accordance with § 38-404 of this article and shall notify the applicant, in writing, of such determination within 15 calendar days of receipt, including any deficiencies in the plan that cause a determination that it is not complete.
B.
The administrator shall review the application and approve or disapprove
it, in writing, to the operator or his agent within 60 calendar days
from the date of the notification that the submission is complete.
Approval or denial shall be based on the application's compliance
with the requirements of this article. Specific reasons for disapproval,
if applicable, shall be set forth in the written notification of disapproval.
The administrator shall issue the VSMP permit only after receiving
evidence that general permit coverage, if required, is obtained and
that an approved erosion and sediment control plan and stormwater
management plan have been obtained.
C.
The administrator shall review the resubmission of a previously disapproved
application that has been revised within 45 calendar days of the date
of resubmission.
A.
The City of Fredericksburg adopts the technical criteria for Chesapeake
Bay land-disturbing activities set forth in 9 VAC 25-870-51 of the
Regulations or cross-referenced therein, as amended, which are incorporated
by reference.
B.
The City of Fredericksburg adopts the technical criteria for regulated
land-disturbing activities set forth in Part IIB of the Regulations,
as amended, which are incorporated by reference.
C.
The City of Fredericksburg adopts the technical criteria for grandfathered
land-disturbing activities set forth in Part IIC of the Regulations,
as amended, which are incorporated by reference.
D.
The technical criteria set forth above are in addition to, and not
in lieu of, the storm drainage requirements set forth in the City's
Unified Development Ordinance, § 72-515B, Storm drainage
requirements. Where there is a conflict, the more-stringent requirement
shall apply.
A.
No applicant shall use nutrient credits to address water quantity
control requirements.
B.
An applicant may achieve compliance with stormwater non-point nutrient
runoff water quality criteria established pursuant to Code of Virginia
§ 62.1-44.15:28, in whole or in part, through the use of
the applicant's acquisition of nutrient credits in the same tributary
under the conditions and restrictions set forth in Code of Virginia
§ 62.1-44.15:35, including the offsite compliance options
set forth in 9 VAC 25-870-69(A), as applicable.
C.
The applicant shall provide documentation of the acquisition of nutrient
credits in a certification from the credit provider documenting the
number of phosphorus nutrient credits acquired and the associated
ratio of nitrogen nutrient credits at the credit-generating facility.
D.
Nutrient credits shall be generated in the same or adjacent eight-digit
hydrologic unit code as defined by the United States Geological Survey
as the permitted site, except as otherwise limited in Code of Virginia
§ 62.1-44.15:35(C). Nutrient credits outside the same or
adjacent eight-digit hydrologic unit code may only be used if it is
determined by the administrator that no credits are available within
the same or adjacent eight-digit hydrologic unit code when the administrator
accepts the final site design. In such cases, and subject to other
limitations imposed in this section, credits available within the
same tributary may be used. In no case shall credits from another
tributary be used.
The administrator may grant exceptions to the technical criteria
in accordance with the authority set forth in 9 VAC 25-870-57. The
administrator shall apply the criteria in 9 VAC 25-870-122 in granting
or denying an application for an exception.
Prior to issuing a VSMP permit, the administrator may require a performance guarantee in an amount sufficient for and conditioned upon the construction of the improvements required by the permit. The form of the performance guarantee shall comply with the requirements set forth in Article 72-2 of Chapter 72 of the City Code. The administrator shall reduce the performance guarantee in the same manner as provided in Article 72-2 of Chapter 72 of the City Code. The administrator shall release any remaining performance guarantee within 60 days of the completion of the requirements of the VSMP permit.
A.
Approved VSMP permits may be modified as follows:
B.
An operator shall apply for an amended SWPPP whenever there is a
change in design, construction, operation, or maintenance that has
a significant effect on the discharge of pollutants to state waters
and that has not been previously addressed in the SWPPP.
A.
The operator shall submit a construction record drawing for permanent
stormwater management facilities to the administrator. This drawing
shall be appropriately sealed and signed by a professional registered
in the Commonwealth of Virginia, certifying that the stormwater management
facilities have been constructed in accordance with the approved plan.
B.
The administrator shall require an instrument providing for long-term
responsibility for and maintenance of stormwater management facilities
and other techniques specified to manage the quality and quantity
of runoff, which shall meet the requirements of 9 VAC 25-870-112.
The operator shall record this instrument.
The SWPPP must be maintained at a central location on site.
If an on-site location is unavailable, notice of the SWPPP's location
must be posted near the main entrance at the construction site.
A.
The administrator shall inspect land-disturbing activity during construction
in accordance with the requirements of 9 VAC 25-870-114(A).
B.
The administrator may require monitoring reports from the person
responsible for meeting VSMP permit conditions to ensure compliance
with the permit.
C.
The administrator shall establish and implement a post-construction
inspection program to ensure that stormwater management facilities
are being maintained as designed after completion of land-disturbing
activities in accordance with the requirements of 9 VAC 25-870-114(B)
and (C).
D.
The administrator may, at reasonable times and under reasonable circumstances,
enter property for the purpose of conducting inspections and investigations
necessary in the enforcement in this article.
E.
If the person in charge of the property refuses to allow the administrator
to enter, then the administrator may present sworn testimony to a
magistrate or court of competent jurisdiction and request the issuance
of an inspection warrant to enter the property for the purpose of
making such inspections and investigations. The administrator shall
make a reasonable effort to obtain consent from the owner or person
in charge of the property prior to seeking the issuance of an inspection
warrant under this section.
The administrator may require a permit applicant or permittee
to furnish plans, specifications, and other pertinent information
as may be necessary to determine the effect of his discharge on the
quality of state waters, or such other information as may be necessary
to accomplish the purposes of this article in accordance with the
provisions of Code of Virginia § 62.1-44.15:40.
A.
The administrator may take informal or formal steps to remedy a violation
of this article or of a VSMP permit. Informal and formal enforcement
procedures all include the identification of the violation, notice
of the corrective measures required to remedy the violation, and notification
of a reasonable deadline for completing corrective measures. Informal
enforcement may take the form of a verbal warning or written inspection
report. A formal enforcement action commences with the issuance of
a written notice of violation to the operator, delivered in person
or via certified mail to the address specified on the permit.
B.
If the administrator determines that an owner, operator, or other
person in charge of a site fails to comply with VSMP permit conditions,
then the administrator shall serve a notice specifying the measures
needed to comply and a time within which such measures shall be completed.
The administrator shall serve the notice by mailing with confirmation
of delivery to the address specified in the permit application or
by delivery at the site of the development activities to the agent
or employee supervising such activities.
C.
If the owner, operator, or other person in charge of the land-disturbing
activity fails to comply with a written notice of violation within
the time specified, the administrator may issue a written stop-work
order until the specific corrective measures have been completed and
the violation has been remedied. A stop-work order requires the owner,
operator or person conducting the land-disturbing activities to cease
all land-disturbing activities until the violation of the permit has
ceased, or an approved plan and required permits are obtained, and
specified corrective measures are completed. The stop-work order takes
effect upon personal delivery on the person, or upon the mailing of
the order, with confirmation of delivery, to the address specified
in the land records of the City.
D.
The administrator may issue an emergency stop-work order to cease
all land-disturbing activities on the site, without advance notice
or hearing, upon determining that a violation is grossly affecting
or presents an imminent and substantial danger of causing harmful
erosion of lands or sediment deposition in waters within the watersheds
of the commonwealth or otherwise substantially impacting water quality.
The emergency stop-work order shall afford the recipient an opportunity
for an appeal and hearing in accordance with this article.
E.
In the event of default in construction of facilities for which a
performance guarantee has been posted, the administrator may take
action in accordance with the default provisions applying to performance
guarantees in the Unified Development Ordinance, which shall apply
mutatis mutandis. The administrator may collect from the operator
any deficiency should the amount of the reasonable cost of the City's
remedial actions exceed the amount of the performance guarantee.
F.
The administrator may bring legal action to ensure compliance with
this article, including injunction, mandamus, or other appropriate
action or proceeding, under Code of Virginia § 62.1-44.15:42,
and injunction of a violation or threatened violation under Code of
Virginia § 62.1-44.15:48.
G.
The administrator, with the consent of the applicant, may include
the use of nutrient credits or other off site measures in resolving
enforcement actions to compensate for:
A.
A person who undertakes a land-disturbing activity without an approved
VSMP permit or who fails to comply with an approved plan shall be
assessed a civil penalty not to exceed $32,500 for each violation,
within the discretion of the court.
B.
The administrator may issue a civil summons for collection of the
civil penalty and prosecute the civil summons in the appropriate court.
Civil penalties assessed by the court shall be paid to the City Treasurer,
unless the City is the violator itself, in which case the court shall
direct the penalty to be paid into the State Treasury in accordance
with Code of Virginia § 62.1-44.15:48. Civil penalties paid
to the City shall be appropriated for the purpose of minimizing, preventing,
managing, or mitigating pollution of the waters of the City and abating
environmental pollution therein in such manner as the court may, by
order, direct.
C.
If the violation remains uncorrected at the time of the admission
of liability or finding of liability, the court may order the violator
to abate or remedy the violation within a reasonable time period specified
by the court.
D.
Each day of violation shall constitute a separate offense.
The remedies provided in this article are cumulative and not
exclusive and are in addition to any other remedies provided by law.
Final decisions of the administrator shall be subject to review
by the Fredericksburg Circuit Court, provided that an appeal is filed
within 30 days from the date of any written decision adversely affecting
the rights, duties or privileges of the person engaging in or proposing
to engage in land-disturbing activities. The issues on review in Circuit
Court are established in Code of Virginia § 2.2-4027. The
decision of the Circuit Court shall be subject to review by the Court
of Appeals of Virginia under Code of Virginia § 62.1-44.15:46.