[5-9-2014, effective 7-1-2014]
(a)Â
The purpose of this chapter is to ensure the general health, safety,
and welfare of the citizens of the City of Franklin and 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, and to establish procedures whereby stormwater
requirements related to water quality and quantity shall be administered
and enforced.
(b)Â
This Chapter is adopted pursuant to Title 62.1-44.15:27 of the Code
of Virginia.
[5-9-2014, effective 7-1-2014]
In addition to the definitions set forth in 9 VAC 25-870-10
of the Virginia Stormwater Management Regulations, as amended, which
are expressly adopted and incorporated herein by reference, the following
words and terms used in this chapter have the following meanings,
unless otherwise specified herein. Where definitions differ, those
incorporated herein shall have precedence.
The VSMP authority, including the Franklin Southampton Director
of Community Development. "Administrator" also includes any duly authorized
agent of the administrator.
A contract between the VSMP authority and the owner or permittee
that specifies methods that shall be implemented to comply with the
requirements of a VSMP for the construction of a single-family residence;
such contract may be executed by the VSMP authority in lieu of a stormwater
management plan.
Any person submitting an application for a permit or requesting
issuance of a permit under this chapter.
Schedules of activities, prohibitions of practices, including
both structural and nonstructural practices, maintenance procedures,
and other management practices, to prevent or reduce the pollution
of surface waters and groundwater systems from the impacts of land-disturbing
activities.
The Federal Clean Water Act (33 U.S.C § 1251 et
seq.), formerly referred to as the "Federal Water Pollution Control
Act" or "Federal Water Pollution Control Act Amendments of 1972,"
Public Law 92-500, as amended by Public Law 95-217, Public Law 95-576,
Public Law 96-483, and Public Law 97-117, or any subsequent revisions
thereto.
A contiguous area where separate and distinct construction
activities may be taking place at different times on difference schedules.
Any best management practice or stormwater facility, or other
method used to minimize the discharge of pollutants to state waters.
The Department of Environmental Quality.
Land disturbance and the resulting landform associated with
the construction of residential, commercial, industrial, institutional,
recreation, transportation or utility facilities or structures or
the clearing of land for nonagricultural or nonsilvicultural purposes.
The state permit titled "General Permit for Discharges of
Stormwater from Construction Activities," found in Part XIV (9 VAC
25-880 et seq.) of the Regulations authorizing a category of discharges
under the CWA and the Act within a geographical area of the Commonwealth
of Virginia.
A man-made change to the land surface that potentially changes its runoff characteristics, including clearing, grading, or excavation, except that the term shall not include those exemptions specified in § 25.8-3(b) of this chapter.
A conceptual drawing sufficient to provide for the specified
stormwater management facilities required at the time of approval.
An amendment to an existing general permit before its expiration
not requiring extensive review and evaluation, including, but not
limited to, changes in EPA-promulgated test protocols, increasing
monitoring frequency requirements, changes in sampling locations,
and changes to compliance dates within the overall compliance schedules.
A minor general permit modification or amendment does not substantially
alter general permit conditions, substantially increase or decrease
the amount of surface water impacts, increase the size of the operation,
or reduce the capacity of the facility to protect human health or
the environment.
The owner or operator of any facility or activity subject
to regulation under this chapter.
An approval to conduct a land-disturbing activity issued
by the administrator for the initiation of a land-disturbing activity,
in accordance with this chapter, and which may only be issued after
evidence of general permit coverage has been provided by the Department.
The person to whom the VSMP authority permit is issued.
Any individual, corporation, partnership, association, state,
municipality, commission, or political subdivision of a state, governmental
body, including federal, state, or local entity, as applicable, any
interstate body or any other legal entity.
The Virginia Stormwater Management Program (VSMP) Permit
Regulations, 9 VAC 25-870 of the Code of Virginia, as amended.
The land or water area where any facility or land-disturbing
activity is physically located or conducted, including adjacent land
used or preserved in connection with the facility or land-disturbing
activity. Areas channelward of mean low water in tidal Virginia shall
not be considered part of a site.
The Commonwealth of Virginia.
The Virginia State Water Control Board.
An approval to conduct a land-disturbing activity issued
by the State Board in the form of a state stormwater individual permit
or coverage issued under a state general permit or an approval issued
by the State Board for stormwater discharges from an MS4. Under these
state permits, the commonwealth imposes and enforces requirements
pursuant to the Federal Clean Water Act and regulations, the Virginia
Stormwater Management Act and the Regulations.
Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1
of the Code of Virginia.
All water, on the surface and under the ground, wholly or
partially within or bordering the commonwealth or within its jurisdiction,
including wetlands.
Precipitation that is discharged across the land surface
or through conveyances to one or more waterways and that may include
stormwater runoff, snow melt runoff, and surface runoff and drainage.
A document(s) containing material describing methods for complying with the requirements of § 25.8-6 of this chapter.
A document that is prepared in accordance with good engineering
practices and that identifies potential sources of pollutants that
may reasonably be expected to affect the quality of stormwater discharges
from the construction site, and otherwise meets the requirements of
this chapter. In addition, the document shall identify and require
the implementation of control measures and shall include, but not
be limited to, the inclusion of, or the incorporation by reference
of, an approved erosion and sediment control plan, an approved stormwater
management plan, and a pollution prevention plan.
The same as defined in Appendix C of the City of Franklin
Municipal Code.
The sum of the individual wasteload allocations for point
sources, load allocations for nonpoint sources, natural background
loading and a margin of safety. TMDLs can be expressed in terms of
either mass per time, toxicity, or other appropriate measure. The
TMDL process provides for point versus nonpoint source tradeoffs.
A website that contains detailed design standards and specifications
for control measures that may be used in Virginia to comply with the
requirements of the Virginia Stormwater Management Act and associated
regulations.
Article 2.3 (§ 62.1-44.15:24 et seq.) of Chapter
3.1 of the Code of Virginia.
A program approved by the State Board after September 13,
2011, that has been established by a locality to manage the quality
and quantity of runoff resulting from land-disturbing activities,
and shall include such items as local ordinances, rules, permit requirements,
annual standards and specifications, policies and guidelines, technical
materials, and requirements for plan review, inspection, enforcement,
where authorized in this article and evaluation consistent with the
requirements of this article and associated regulations.
An authority approved by the State Board after September
13, 2011, to operate a Virginia stormwater management program.
[5-9-2014, effective 7-1-2014]
(a)Â
A person shall not conduct any land-disturbing activity until he
has submitted a permit application to the VSMP authority that includes
a state VSMP permit registration statement, if such statement is required,
and, after July 1, 2014, a stormwater management plan or an executed
agreement in lieu of a stormwater management plan, and has obtained
VSMP authority approval to begin land disturbance. Upon the development
of an on-line reporting system by the Department, but no later than
July 1, 2014, a VSMP authority shall be required to obtain evidence
of VSMP permit coverage where it is required prior to providing approval
to begin land disturbance. The VSMP authority shall act on any permit
application within 60 days after it has been determined by the VSMP
authority to be a complete application. The VSMP authority may either
issue project approval or denial and shall provide written rationale
for the denial. The VSMP authority shall act on any permit application
that has been previously disapproved within 45 days after the application
has been revised, resubmitted for approval, and deemed complete. Prior
to issuance of any approval, the VSMP authority may also require an
applicant, excluding state and federal entities, to submit a reasonable
performance bond with surety, cash escrow, letter of credit, any combination
thereof, or such other legal arrangement acceptable to the VSMP authority,
to ensure that measures could be taken by the VSMP authority at the
applicant's expense should he fail, after proper notice, within
the time specified to initiate or maintain appropriate actions that
may be required of him by the permit conditions as a result of his
land-disturbing activity. If the VSMP authority takes such action
upon such failure by the applicant, the VSMP authority may collect
from the applicant the difference should the amount of the reasonable
cost of such action exceed the amount of the security held. Within
60 days of the completion of the requirements of the permit conditions,
such bond, cash escrow, letter of credit, or other legal arrangement,
or the unexpended or unobligated portion thereof, shall be refunded
to the applicant or terminated. These requirements are in addition
to all other provisions of law relating to the issuance of permits
and are not intended to otherwise affect the requirements for such
permits.
(b)Â
Notwithstanding any other provisions of this chapter, the following
activities are exempt per § 62.1-44.15:34C of the Code of
Virginia, unless otherwise required by federal law:
(1)Â
Permitted surface or deep mining operations and projects, or
oil and gas operations and projects conducted under the provisions
of Title 45.1 of the Code of Virginia;
(2)Â
Clearing of lands specifically for agricultural purposes and the management, tilling, planting, or harvesting of agricultural, horticultural, or forest crops, livestock feedlot operations, or as additionally set forth by the Board in regulations, including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (§ 10.1-1100 et seq.) or is converted to bona fide agricultural or improved pasture use as described in Subsection B of § 10.1-1163;
(3)Â
Single-family residences separately built and disturbing less
than one acre and not part of a larger common plan of development
or sale, including additions or modifications to existing single-family
detached residential structures;
(4)Â
Land disturbing activities that disturb less than one acre of
land area, except for activities that are part of a larger common
plan of development or sale that is one acre or greater of disturbance;
(5)Â
Discharges to a sanitary sewer or a combined sewer system;
(6)Â
Activities under a state or federal reclamation program to return
an abandoned property to an agricultural or open land use;
(7)Â
Routine maintenance that is performed to maintain the original
line and grade, hydraulic capacity, or original construction of the
project. The paving of an existing road with a compacted or impervious
surface and reestablishment of existing associated ditches and shoulders
shall be deemed routine maintenance if performed in accordance with
this subsection; and
(8)Â
Conducting land-disturbing activities in response to a public
emergency where the related work requires immediate authorization
to avoid imminent endangerment to human health or the environment.
In such situations, the administrator shall be advised of the disturbance
within seven days of commencing the land-disturbing activity, and
compliance with the administrative requirements of Subsection (a)
is required within 30 days of commencing the land-disturbing activity.
[5-9-2014, effective 7-1-2014]
(a)Â
Pursuant to § 62.1-44.15:34, 9 VAC 25-870-54.A-C, and 9 VAC 25-870-59 of the Code of Virginia, the City of Franklin hereby establishes a Virginia stormwater management program for land-disturbing activities and adopts the applicable Regulations that specify standards and specifications for VSMPs promulgated by the State Board for the purposes set out in § 25.8-1 of this chapter. The City Council hereby designates the Franklin Southampton Director of Community Development as the administrator of the Virginia stormwater management program.
(b)Â
No VSMP authority permit shall be issued by the administrator until
the following items have been submitted to and approved by the administrator
as prescribed herein:
(1)Â
A permit application that includes a general permit registration
statement; however, a registration statement is not required for detached
single-family home construction within or outside of a common plan
of development or sale, but all such projects must adhere to the requirements
of the general permit;
(c)Â
No VSMP authority permit shall be issued until evidence of general
permit coverage is obtained, per § 62.1-44.15:34 of the
Code of Virginia.
(e)Â
No VSMP authority permit shall be issued unless and until the permit
application and attendant materials and supporting documentation demonstrate
that all land clearing, construction, disturbance, land development
and drainage will be done according to the approved permit, per § 62.1-44.15:34A
of the Code of Virginia.
(f)Â
No grading, building or other local permit shall be issued for a
property unless a VSMP authority permit has been issued by the administrator,
per § 62.1-44.15:34A of the Code of Virginia.
[5-9-2014, effective 7-1-2014]
(a)Â
The stormwater pollution prevention plan (SWPPP) shall include the
content specified by 9 VAC 25-870-54 and must also comply with the
requirements and general information set forth in 9 VAC 25-880-70,
Section II (stormwater pollution prevention plan), of the general
permit.
(b)Â
The SWPPP shall be amended by the operator whenever there is a change
in design, construction, operation, or maintenance that has a significant
effect on the discharge of pollutants to state waters which is not
addressed by the existing SWPPP, per 9 VAC 25-870-54.G of the Code
of Virginia.
(c)Â
The SWPPP must be maintained by the operator at a central location
on site. If an on-site location is unavailable, notice of the SWPPPs
location must be posted near the main entrance at the construction
site, per 9 VAC 25-870-54.G of the Code of Virginia. Operators shall
make the SWPPP available for public review in accordance with Section
II of the general permit, either electronically or in hard copy.
[5-9-2014, effective 7-1-2014]
(a)Â
A stormwater management plan shall be developed and submitted to
the VSMP authority. The stormwater management plan shall be implemented
as approved or modified by the VSMP authority and shall be developed
in accordance with the following, per 9 VAC 25-870-55A of the Code
of Virginia. A stormwater management plan for a land-disturbing activity
shall apply the stormwater management technical criteria set forth
in this part to the entire land disturbing activity. Individual lots
in new residential, commercial, or industrial developments shall not
be considered separate land-disturbing activities. A stormwater management
plan shall consider all sources of groundwater flows converted to
surface runoff and all sources of subsurface and groundwater flows
converted to surface runoff. A stormwater management plan shall include
the following information:
(1)Â
Information on the type and location of stormwater discharges,
information on the features to which stormwater is being discharged,
including surface waters or karst features, if present, and the predevelopment
and post-development drainage areas;
(2)Â
Contact information, including the name, address, and telephone
number, of the owner and the tax reference number and parcel number
of the property or properties affected;
(3)Â
A narrative that includes a description of current site conditions
and final site conditions, or if allowed by the VSMP authority, the
information provided and documented during the review process that
addresses the current and final site conditions;
(4)Â
A general description of the proposed stormwater management
facilities and the mechanism through which the facilities will be
operated and maintained after construction is complete;
(6)Â
Hydrologic and hydraulic computations, including runoff characteristics;
(7)Â
Documentation and calculations verifying compliance with the
water quality and quantity requirements of the Regulations.
(8)Â
A map or maps of the site that depict the topography of the
site and include:
a.Â
All contributing drainage areas;
b.Â
Existing streams, ponds, culverts, ditches, wetlands, other
water bodies, and floodplains;
c.Â
Soil types, geologic formations if karst features are present
in the area, forest cover, and other vegetative areas;
d.Â
Current land use, including existing structures, roads, and
locations of known utilities and easements;
e.Â
Sufficient information on adjoining parcels to assess the impacts
of stormwater from the site on these parcels;
f.Â
The limits of clearing and grading, and the proposed drainage
patterns on the site;
g.Â
Proposed buildings, roads, parking areas, utilities, and stormwater
management facilities; and
h.Â
Proposed land use with tabulation of the percentage of surface
area to be adapted to various uses, including, but not limited to,
planned locations of utilities, roads, and easements.
(b)Â
If an operator intends to meet the water quality and/or quantity requirements set forth in § 25.8-9 of this chapter through the use of off-site compliance options, where applicable, then a letter of availability from the off-site provider must be included, per 9 VAC 25-870-55.B9 of the Code of Virginia. Approved off-site options must achieve the necessary nutrient reductions prior to the commencement of the applicant's land-disturbing activity, except as otherwise allowed by § 62.1-44.15:35 of the Code of Virginia.
(c)Â
Elements of the stormwater management plans that include activities regulated under Chapter 4 (§ 54.1-400 et seq.) of Title 54.1 of the Code of Virginia shall be appropriately sealed and signed by a professional registered in the Commonwealth of Virginia pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia, per 9 VAC 25-870-55.C of the Code of Virginia.
(d)Â
A construction record drawing for permanent stormwater management
facilities shall be submitted to the administrator, per 9 VAC 25-870-55.D
of the Code of Virginia. The construction record 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.
[5-9-2014, effective 7-1-2014]
(a)Â
A pollution prevention plan, required by 9 VAC 25-870-56 of the Code
of Virginia, shall be developed, implemented, and updated as necessary
and must detail the design, installation, implementation, and maintenance
of effective pollution prevention measures to minimize the discharge
of pollutants. At a minimum, per 9 VAC 25-870-56.A1-3, B1-4 and 9
VAC 25-870-55.C of the Code of Virginia, such measures must be designed,
installed, implemented, and maintained to:
(1)Â
Minimize the discharge of pollutants from equipment and vehicle
washing, wheel wash water, and other wash waters. Wash waters must
be treated in a sediment basin or alternative control that provides
equivalent or better treatment prior to discharge;
(2)Â
Minimize the exposure of building materials, building products,
construction wastes, trash, landscape materials, fertilizers, pesticides,
herbicides, detergents, sanitary waste, and other materials present
on the site to precipitation and to stormwater; and
(3)Â
Minimize the discharge of pollutants from spills and leaks and
implement chemical spill and leak prevention and response procedures.
(b)Â
The pollution prevention plan shall include effective best management
practices to prohibit the following discharges:
(1)Â
Wastewater from washout of concrete, unless managed by an appropriate
control;
(2)Â
Wastewater from washout and cleanout of stucco, paint, form
release oils, curing compounds, and other construction materials;
(3)Â
Fuels, oils, or other pollutants used in vehicle and equipment
operation and maintenance; and
(4)Â
Soaps or solvents used in vehicle and equipment washing.
(c)Â
Discharges from dewatering activities, including discharges from
dewatering of trenches and excavations, are prohibited unless managed
by appropriate controls.
[5-9-2014, effective 7-1-2014]
(a)Â
Per 9 VAC 25-870-108.A of the Code of Virginia, the administrator,
or any duly authorized agent of the administrator, shall review stormwater
management plans and shall approve or disapprove a stormwater management
plan according to the following, per 9 VAC 25-870-108.B:
(1)Â
The administrator shall determine the completeness of a plan in accordance with § 25.8-6 of this chapter and shall notify the applicant, in writing, of such determination within 15 calendar days of receipt. If the plan is deemed to be incomplete, the above written notification shall contain the reasons the plan is deemed incomplete.
(2)Â
The administrator shall have an additional 60 calendar days
from the date of the communication of completeness to review the plan;
except that if a determination of completeness is not made and communicated
within 15 calendar days of receipt, then the plan shall be deemed
complete as of the date of submission, and the administrator shall
have 60 calendar days from the date of submission to review the plan.
(3)Â
The administrator shall review any plan that has been previously
disapproved, within 45 calendar days of the date of resubmission.
(4)Â
During the review period, the plan shall be approved or disapproved
and the decision communicated in writing to the person responsible
for the land-disturbing activity or his designated agent. If the plan
is not approved, the reasons for not approving the plan shall be provided
in writing. Approval or denial shall be based on the plan's compliance
with the requirements of this chapter.
(5)Â
If a plan meeting all requirements of this chapter is submitted and no action is taken within the time provided above in § 25.8-8(a)(2) for review, the plan shall be deemed approved.
(b)Â
Approved stormwater plans may be modified as follows, per 9 VAC 25-870-108.C
of the Code of Virginia:
(1)Â
Modifications to an approved stormwater management plan shall
be allowed only after review and written approval by the administrator.
The administrator shall have 60 calendar days to respond in writing
either approving or disapproving such request.
(2)Â
The administrator may require that an approved stormwater management
plan be amended, within a time prescribed by the administrator, to
address any deficiencies noted during inspection.
(c)Â
The administrator shall require the submission of a construction
record drawing for permanent stormwater management facilities. The
administrator may elect not to require construction record drawings
for stormwater management facilities for which recorded maintenance
agreements are not required pursuant to 9 VAC 25-870-108.E.
[5-9-2014, effective 7-1-2014]
To protect the quality and quantity of state water from the
potential harm of unmanaged stormwater runoff resulting from land-disturbing
activities, the City of Franklin hereby adopts the technical criteria
for regulated land-disturbing activities set forth in Part IIB of
the Regulations, as amended, expressly to include 9 VAC 25-870-62
through 92 of the Regulations, which shall apply to all land-disturbing
activities regulated pursuant to this chapter, except as expressly
set forth in Subsection (2) of this section.
(1)Â
Per 9 VAC 25-870-48 of the Code of Virginia, until June 30, 2019,
any land-disturbing activity shall be considered grandfathered by
the VSMP authority and shall be subject to the Part IIC technical
criteria of the VSMP Regulations, provided:
a.Â
A proffered or conditional zoning plan, zoning with a plan of development,
preliminary or final subdivision plat, preliminary or final site plan,
or any document determined by the locality to be equivalent thereto:
(i) was approved by the locality prior to July 1, 2012; (ii) provided
a layout as defined in 9 VAC 25-870-10; (iii) will comply with Part
IIC technical criteria of the VSMP Regulations; and (iv) has not been
subsequently modified or amended in a manner resulting in an increase
in the amount of phosphorus leaving each point of discharge, and such
that there is no increase in the volume or rate of runoff;
b.Â
A state permit has not been issued prior to July 1, 2014; and
c.Â
Land disturbance did not commence prior to July 1, 2014.
(2)Â
Locality, state and federal projects shall be considered grandfathered
by the VSMP authority and shall be subject to the Part IIC technical
criteria of the VSMP Regulations, provided:
a.Â
There has been an obligation of locality, state or federal funding,
in whole or in part, prior to July 1, 2012, or the Department has
an approved stormwater management plan prior to July 1, 2012;
b.Â
A state permit has not been issued prior to July 1, 2014; and
c.Â
Land disturbance did not commence prior to July 1, 2014.
(3)Â
Land-disturbing activities grandfathered under Subsections (1) and (2) of this section shall remain subject to the Part IIC technical criteria of the VSMP Regulations for one additional state permit cycle. After such time, portions of the project not under construction shall become subject to any new technical criteria adopted by the Board.
(4)Â
In cases where government bonding or public debt financing has been
issued for a project prior to July 1, 2012, such project shall be
subject to the technical criteria of Part IIC.
(5)Â
Noting in this section shall preclude an operator from constructing
to a more-stringent standard at his discretion.
(6)Â
Exceptions to the requirement that the land-disturbing activity obtain
a required VSMP authority permit shall not be given by the administrator,
nor shall the administrator approve the use of a BMP not found on
the Virginia Stormwater BMP Clearinghouse Website, or any other control
measure duly approved by the Director.
a.Â
Exceptions to requirements for phosphorus reductions shall not be
allowed unless off-site options otherwise permitted pursuant to 9
VAC 25-870-122 have been considered and found not available.
[5-9-2014, effective 7-1-2014]
(a)Â
The administrator shall require the provision of long-term responsibility
for and maintenance of stormwater management facilities and other
techniques specified to manage the quality and quantity of runoff,
per 9 VAC 25-870-58 of the Code of Virginia. Such requirements shall
be set forth in an instrument recorded in the local land records prior
to general permit termination, or earlier as required by the administrator,
per 9 VAC 25-870-112.A and shall at a minimum:
(1)Â
Be submitted to the administrator for review and approval prior
to the approval of the stormwater management plan;
(2)Â
Be stated to run with the land, per § 62.1-44.15:28
7, Code of Virginia;
(3)Â
Provide for all necessary access to the property for purposes
of maintenance and regulatory inspections;
(4)Â
Provide for inspections and maintenance and the submission of
inspection and maintenance reports to the administrator; and
(5)Â
Be enforceable by all appropriate governmental parties.
(b)Â
At the discretion of the administrator, such recorded instruments
need not be required for stormwater management facilities designed
to treat stormwater runoff primarily from an individual residential
lot on which they are located, provided it is demonstrated to the
satisfaction of the administrator that future maintenance of such
facilities will be addressed through an enforceable mechanism at the
discretion of the administrator, per 9 VAC 25-870-112.B of the Code
of Virginia.
(c)Â
Per 9 VAC 25-870-114.D of the Code of Virginia, if a recorded instrument is not required pursuant to § 25.8-10(b), the administrator shall develop a strategy for addressing maintenance of stormwater management facilities designed to treat stormwater runoff primarily from an individual residential lot on which they are located. Such a strategy may include periodic inspections, homeowner outreach and education, or other methods targeted at promoting the long-term maintenance of such facilities.
[5-9-2014, effective 7-1-2014]
(a)Â
The administrator shall inspect the land-disturbing activity during
construction for, per 9 VAC 25-870-114.A of the Code of Virginia:
(1)Â
Compliance with the approved erosion and sediment control plan;
(2)Â
Compliance with the approved stormwater management plan;
(3)Â
Development, updating, and implementation of a pollution prevention
plan; and
(4)Â
Development and implementation of any additional control measures
necessary to address a TMDL.
(b)Â
The administrator may, at reasonable times and under reasonable circumstances,
enter any establishment or upon any property, public or private, for
the purpose of obtaining information or conducting surveys or investigations
necessary in the enforcement of the provisions of this chapter, per
§ 62.1-44.15:39 of the Code of Virginia.
(c)Â
In accordance with a performance bond with surety, cash escrow, letter
of credit, any combination thereof, or such other legal arrangement
or instrument, the administrator may also enter any establishment
or upon any property, public or private, for the purpose of initiating
or maintaining appropriate actions which are required by the permit
conditions associated with a land-disturbing activity when a permittee,
after proper notice, has failed to take acceptable action within the
time specified.
(d)Â
Pursuant to § 62.1-44.15:40 of the Code of Virginia, the
administrator may require every VSMP authority permit applicant or
permittee, or any such person subject to VSMP authority permit requirements
under this chapter, to furnish, when requested, such application materials,
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 chapter.
(e)Â
Per 9 VAC 25-870-114.B.2, post-construction inspections of stormwater management facilities required by the provisions of this chapter shall be conducted by the administrator pursuant to the City of Franklin's adopted and State Board approved inspection program and shall occur, at a minimum, at least once every five years, except as may otherwise be provided for in § 25.8-10.
[5-9-2014, effective 7-1-2014]
(a)Â
Any permit applicant or permittee, or person subject to the requirements
of this chapter, aggrieved by any action of the administrator taken
without a formal hearing, or by inaction of the administrator, may
demand, in writing, a formal hearing by the City of Franklin Stormwater
Management Appeals Board as appointed by the Franklin City Council,
provided a petition requesting such hearing is filed with the administrator
within 30 days after notice of such action is given by the administrator,
per § 62.1-44.15:44 and 9 VAC 25-870-118 of the Code of
Virginia.
(b)Â
The hearings held under this section shall be conducted by the City
of Franklin Stormwater Management Appeals Board at a regular or special
meeting of the City of Franklin Stormwater Management Appeals Board
or at any other time and place authorized by the City of Franklin
Stormwater Management Appeals Board, per § 62.1-44.15:45
and § 62.1-44.26 of the Code of Virginia.
(c)Â
A verbatim record of the proceedings of such hearings shall be taken
and filed with the City of Franklin Stormwater Management Appeals
Board. Depositions may be taken and read as in actions at law.
(d)Â
The City of Franklin Stormwater Management Appeals Board shall have
power to issue subpoenas and subpoenas duces tecum, and at the request
of any party shall issue such subpoenas. The failure of a witness
without legal excuse to appear or to testify or to produce documents
shall be acted upon by the local governing body, whose action may
include the procurement of an order of enforcement from the circuit
court. Witnesses who are subpoenaed shall receive the same fees and
reimbursement for mileage as in civil actions.
[5-9-2014, effective 7-1-2014]
(a)Â
Any person jointly or severally aggrieved by any decision of the
Stormwater Management Appeals Board, or any taxpayer or any officer,
department, board, or bureau of the City, may present to the Circuit
Court of Southampton County a petition specifying the grounds on which
aggrieved within 30 days after the filing of the decision in the office
of the Board, per § 62.1-44.15:46 of the Code of Virginia.
(b)Â
Upon presentation of such petition, the court shall allow a writ
of certiorari to review the decision of the Stormwater Management
Appeals Board and shall prescribe therein the time within which a
return thereto must be made and served upon the relator's attorney,
which shall not be less than 10 days and may be extended by the court.
The allowance of the writ shall not stay proceedings upon the decision
appealed from, but the court may, on application, on notice to the
Board and due cause shown, grant a restraining order.
(c)Â
The Stormwater Management Appeals Board shall not be required to
return the original papers acted upon by it, but it shall be sufficient
to return certified or swom copies thereof or such portions thereof
as may be called for by such writ. The return shall concisely set
forth such other facts as may be pertinent and material to show the
grounds of the decision appealed from and shall be verified.
(d)Â
If, upon the hearing, it shall appear to the court that testimony
is necessary for the proper disposition of the matter, it may take
evidence or appoint a commissioner to take such evidence as it may
direct and report the same to the court with his findings of fact
and conclusions of law, which shall constitute a part of the proceedings
upon which the determination of the court shall be made. The court
may reverse or affirm, wholly or partly, or may modify the decision
brought up for review.
(e)Â
Costs shall not be allowed against the Stormwater Management Appeals
Board unless it shall appear to the court that it acted in bad faith
or with malice in making the decision appealed from. In the event
the decision of the Stormwater Management Appeals Board is affirmed
and the court finds that the appeal was frivolous, the court may order
the person who requested the issuance of the writ of certiorari to
pay the costs incurred in making a return of the record pursuant to
the writ of certiorari.
[5-9-2014, effective 7-1-2014]
(a)Â
If the administrator determines that there is a failure to comply
with the VSMP authority permit conditions or determines there is an
unauthorized discharge, notice shall be served upon the permittee
or person responsible for carrying out the permit conditions by any
of the following: verbal warnings and inspection reports, notices
of corrective action, consent special orders, and notices to comply,
per § 62.1-44.15:37A and 9 VAC 25-870-116.A of the Code
of Virginia. Written notices shall be served by registered or certified
mail 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.
(1)Â
The notice shall specify the measures needed to comply with
the permit conditions and shall specify the time within which such
measures shall be completed, per § 62.1-44.15:37A of the
Code of Virginia. Upon failure to comply within the time specified,
a stop-work order may be issued in accordance with Subsection (b),
or the permit may be revoked by the administrator.
(2)Â
If a permittee fails to comply with a notice issued in accordance
with this section within the time specified, the administrator may
issue an order requiring the owner, permittee, person responsible
for carrying out an approved plan, or the person conducting the land-disturbing
activities without an approved plan or required permit 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 have been completed, per § 62.1-44.15:37A
of the Code of Virginia.
Such orders shall be issued in accordance with the Franklin
- Southampton Community Development Policies and Procedures Manual
for Stormwater Management. Such orders shall become effective upon
service on the person by certified mail, return receipt requested,
sent to his address specified in the land records of the locality,
or by personal delivery by an agent of the administrator. However,
if the administrator finds that any such 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,
it may issue, without advance notice or hearing, an emergency order
directing such person to cease immediately all land-disturbing activities
on the site and shall provide an opportunity for a hearing, after
reasonable notice as to the time and place thereof, to such person,
to affirm, modify, amend, or cancel such emergency order. If a person
who has been issued an order is not complying with the terms thereof,
the administrator may institute a proceeding for an injunction, mandamus,
or other appropriate remedy in accordance with § 28.8-14(c).
(b)Â
In addition to any other remedy provided by this chapter, if the
administrator or his designee determines that there is a failure to
comply with the provisions of this chapter, he may initiate such informal
and/or formal administrative enforcement procedures in a manner that
is consistent with the City of Franklin Municipal Code, per § 62.1-44.15:48
and 9 VAC 25-870-116.A.1 of the Code of Virginia.
(c)Â
Any person violating or failing, neglecting, or refusing to obey
any rule, regulation, ordinance, order, approved standard or specification,
or any permit condition issued by the administrator may be compelled
in a proceeding instituted in the Circuit Court of Southampton County
to obey same and to comply therewith by injunction, mandamus or other
appropriate remedy.
(d)Â
Per § 62.1-44.15:48 and 9 VAC 25-870-116 of the Code of
Virginia, any person who violates any provision of this chapter or
who fails, neglects, or refuses to comply with any order of the administrator
shall be subject to a civil penalty not to exceed $32,500 for each
violation, within the discretion of the court. Each day of violation
of each requirement shall constitute a separate offense.
(1)Â
Violations for which a penalty may be imposed under this subsection
shall include but not be limited to the following:
a.Â
No state permit registration;
b.Â
No SWPPP;
c.Â
Incomplete SWPPP;
d.Â
SWPPP not available for review;
e.Â
No approved erosion and sediment control plan;
f.Â
Failure to install stormwater BMPs or erosion and sediment controls;
g.Â
Stormwater BMPs or erosion and sediment controls improperly
installed or maintained;
h.Â
Operational deficiencies;
i.Â
Failure to conduct required inspections;
j.Â
Incomplete, improper, or missed inspections; and
k.Â
Discharges not in compliance with the requirements of 9 VAC
25-880-70, General Permit.
(2)Â
The administrator may issue a summons for collection of the
civil penalty, and the action may be prosecuted in the appropriate
court.
(3)Â
In imposing a civil penalty pursuant to this subsection, the
court may consider the degree of harm caused by the violation and
also the economic benefit to the violator from noncompliance.
(4)Â
Any civil penalties assessed by a court as a result of a summons
issued by the administrator shall be paid into the treasury of the
City of Franklin to be used for the purpose of minimizing, preventing,
managing, or mitigating pollution of the waters of the locality and
abating environmental pollution therein in such manner as the court
may, by order, direct.
(e)Â
Notwithstanding any other civil or equitable remedy provided by this
section or by law, any person who willfully or negligently violates
any provision of this chapter, any order of the administrator, any
condition of a permit, or any order of a court shall be guilty of
a misdemeanor punishable by confinement in jail for not more than
12 months or a fine of not less than $2,500 nor more than $32,500,
or both.
[5-9-2014, effective 7-1-2014]
(a)Â
Fees to cover costs associated with implementation of a VSMP related
to land-disturbing activities and issuance of general permit coverage
and VSMP authority permits shall be imposed in accordance with Table
1, per § 62.1-44.15:28 of the Code of Virginia. When a site
or sites has been purchased for development within a previously permitted
common plan of development or sale, the applicant shall be subject
to fees ("total fee to be paid by applicant" column) in accordance
with the disturbed acreage of his or her site or sites according to
Table 1.
|
Table 1
| |||
|---|---|---|---|
|
Fees for Permit Issuance, Per 9 VAC 25-870-820 of the
Code of Virginia
| |||
|
Fee Type
|
Total Fee To Be Paid By Applicant (includes both VSMP
authority and Department portions, where applicable)
|
Department Portion of 'Total Fee to Be Paid By Applicant'
(based on 28% of total fee paid*)
| |
|
General/Stormwater Management - Small Construction Activity/Land
Clearing (areas within common plans of development or sale with land
disturbance acreage less than 1 acre)
|
$290
|
$0
| |
|
General/Stormwater Management - Small Construction Activity/Land
Clearing (single-family sites or areas within common plans of development
or sale with land disturbance acreage equal to or greater than 1 acre
and less than 5 acres)
|
$290
|
$0
| |
|
General/Stormwater Management - Small Construction Activity/Land
Clearing (non-single-family sites or areas within common plans of
development or sale with land disturbance acreage equal to or greater
than 1 acre and less than 5 acres)
|
$2,700
|
$756
| |
|
General/Stormwater Management - Large Construction Activity/Land
Clearing (sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 5 acres and
less than 10 acres)
|
$3,400
|
$952
| |
|
General/Stormwater Management - Large Construction Activity/Land
Clearing (sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 10 acres and
less than 50 acres)
|
$4,500
|
$1,260
| |
|
General/Stormwater Management - Large Construction Activity/Land
Clearing (sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 50 acres and
less than 100 acres)
|
$6,100
|
$1,708
| |
|
General/Stormwater Management - Large Construction Activity/Land
Clearing (sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 100 acres)
|
$9,600
|
$2,688
| |
|
NOTES:
| ||
|---|---|---|
|
If the project is completely administered by the Department,
such as may be the case for a state or federal project or projects
covered by individual permits, the entire applicant fee shall be paid
to the Department.
| ||
(b)Â
Fees for the modification or transfer of registration statements
from the general permit issued by the State Board shall be imposed
in accordance with Table 2, per 9 VAC 25-870-825 of the Code of Virginia.
If the general permit modifications result in changes to stormwater
management plans that require additional review by the City of Franklin,
such reviews shall be subject to the fees set out in Table 2. The
fee assessed shall be based on the total disturbed acreage of the
site. In addition to the general permit modification fee, modifications
resulting in an increase in total disturbed acreage shall pay the
difference in the initial permit fee paid and the permit fee that
would have applied for the total disturbed acreage in Table 1.
|
Table 2
| ||
|---|---|---|
|
Fees for the Modification or Transfer of Registration
Statements for the General Permit for Discharges of Stormwater from
Construction Activities, Per 9 VAC 25-870-825 of the Code of Virginia
| ||
|
Type of Permit
|
Fee Amount
| |
|
General/Stormwater Management - Small Construction Activity/Land
Clearing (areas within common plans of development or sale with land
disturbance acreage less than 1 acre)
|
$20
| |
|
General/Stormwater Management - Small Construction Activity/Land
Clearing (sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 1 and less
than 5 acres)
|
$200
| |
|
General/Stormwater Management - Large Construction Activity/Land
Clearing (sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 5 acres and
less than 10 acres)
|
$250
| |
|
General/Stormwater Management - Large Construction Activity/Land
Clearing (sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 10 acres and
less than 50 acres)
|
$300
| |
|
General/Stormwater Management - Large Construction Activity/Land
Clearing (sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 50 acres and
less than 100 acres)
|
$450
| |
|
General/Stormwater Management - Large Construction Activity/Land
Clearing (sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 100 acres)
|
$700
| |
(c)Â
The following annual permit maintenance shall be imposed in accordance
with Table 3, including fees imposed on expired permits that have
been administratively continued. With respect to the general permit,
these fees shall apply until the permit coverage is terminated.
|
Table 3
| ||
|---|---|---|
|
Permit Maintenance Fees, Per 9 VAC 25-870-830 of the Code
of Virginia
| ||
|
Type of Permit
|
Fee Amount
| |
|
General/Stormwater Management - Small Construction Activity/Land
Clearing (areas within common plans of development or sale with land
disturbance acreage less than 1 acre)
|
$50
| |
|
General/Stormwater Management - Small Construction Activity/Land
Clearing (sites or areas within common plans of development or sale
with land disturbance equal to or greater than 1 acre and less than
5 acres)
|
$400
| |
|
General/Stormwater Management - Large Construction Activity/Land
Clearing (sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 5 acres and
less than 10 acres)
|
$500
| |
|
General/Stormwater Management - Large Construction Activity/Land
Clearing (sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 10 acres and
less than 50 acres)
|
$650
| |
|
General/Stormwater Management - Large Construction Activity/Land
Clearing (sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 50 acres and
less than 100 acres)
|
$900
| |
|
General/Stormwater Management - Large Construction Activity/Land
Clearing (sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater 100 acres)
|
$1,400
| |
|
General permit coverage maintenance fees shall be paid annually
to the City of Franklin, by the anniversary date of general permit
coverage. No permit will be reissued or automatically continued without
payment of the required fee. General permit coverage maintenance fees
shall be applied until a notice of termination is effective.
|
(d)Â
(1)Â
All persons seeking coverage under the general permit.
(2)Â
All permittees who request modifications to or transfers of
their existing registration statement for coverage under a general
permit.
(3)Â
Persons whose coverage under the general permit has been revoked
shall apply to the Administrator for an individual permit for discharges
of stormwater from construction activities.
(4)Â
Permit and permit coverage maintenance fees outlined under § 25.8-15(c) may apply to each general permit holder.
(e)Â
No general permit application fees will be assessed to:
(1)Â
Permittees who request minor modifications to general permits as defined in § 25.8-2 of this chapter. Permit modifications at the request of the permittee resulting in changes to stormwater management plans that require additional review by the administrator shall not be exempt pursuant to this section.
(2)Â
Permittees whose general permits are modified or amended at
the initiative of the VSMP authority, excluding errors in the registration
statement identified by the administrator or errors related to the
acreage of the site.
(f)Â
All incomplete payments will be deemed as nonpayments, and the applicant
shall be notified of any incomplete payments. Interest may be charged
for late payments at the underpayment rate set forth in 9 VAC 25-870-770
of the Code of Virginia and is calculated on a monthly basis at the
applicable periodic rate. A late payment fee of 10% shall be charged
to any delinquent (over 90 days past due) account. The City of Franklin
shall be entitled to all remedies available under the Code of Virginia
in collecting any past due amount.
[5-9-2014, effective 7-1-2014]
Prior to issuance of any permit, the applicant shall be required
to submit a reasonable performance bond with surety, cash escrow,
letter of credit, any combination thereof, or such other legal arrangement
acceptable to the City of Franklin Attorney, to ensure that measures
could be taken by the City of Franklin at the applicant's expense
should he fail, after proper notice, within the time specified, to
initiate or maintain appropriate actions which may be required of
him by the permit conditions as a result of his land-disturbing activity.
If the City of Franklin takes such action upon such failure by the
applicant, the City of Franklin may collect from the applicant for
the difference should the amount of the reasonable cost of such action
exceed the amount of the security held, if any. Within 60 days of
the completion of the requirements of the permit conditions, such
bond, cash escrow, letter of credit or other legal arrangement, or
the unexpended or unobligated portion thereof, shall be refunded to
the applicant or terminated.
[5-9-2014, effective 7-1-2014]
This chapter shall remain in effect until rescinded, amended
or superseded.
