City of Virginia Beach
The City of Virginia Beach has enacted a Stormwater Management Ordinance in order to to ensure the general health, safety, and welfare of the citizens of the City of Virginia Beach and protect the quality and quantity of state waters from the potential harm of unmanaged stormwater, and to establish procedures whereby stormwater requirements related to water quality and quantity shall be administered and enforced. The City of Virginia Beach is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The City of Virginia Beach will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. Post-construction stormwater regulations will also be enforced and stormwater fees will be collected during permit applications. The City of Virginia Beach, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite.
Stormwater Management Ordinance
Sec. 1-6. Stormwater management plan; content of plan
The Stormwater Management Plan shall include the following information:
1. Information on the type and location of stormwater discharges; information on the features to which stormwater is being discharged including surface waters and the predevelopment and postdevelopment drainage areas;
2. Contact information including the name, address, and telephone number of the owner, and the applicant if not the owner, and the GPIN and parcel number of the property or properties affected;
3. A maintenance agreement and adequate easements, executed and recorded to ensure responsibility for the maintenance of any stormwater management facilities constructed under the requirements of this ordinance, unless exempted from this requirement under section 1-28, and to ensure appropriate access to such facilities for maintenance, inspection and corrective action.
Sec. 1-8. Stormwater pollution prevention plan; content of plan.
D. 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.
E. The SWPPP must be maintained by the operator at a central location onsite. If an onsite location is unavailable, notice of the SWPPP's location must be posted near the main entrance at the construction site. Operators shall make the SWPPP available for public review in accordance with Section II of the general permit, either electronically or in hard copy.
Sec. 1-9. Pollution prevention plan; content of plan.
A. A Pollution Prevention Plan, required by 9VAC25-870-56, 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, such measures must be designed, installed, implemented, and maintained to:
1. 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. 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. Minimize the discharge of pollutants from spills and leaks and implement chemical spill and leak prevention and response procedures.
B. The pollution prevention plan shall include effective best management practices to prohibit the following discharges:
1. Wastewater from washout of concrete, unless managed by an appropriate control;
2. Wastewater from washout and cleanout of stucco, paint, form release oils, curing compounds, and other construction materials;
3. Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance; and
4. Soaps or solvents used in vehicle and equipment washing.
C. Discharges from dewatering activities, including discharges from dewatering of trenches and excavations, are prohibited unless managed by appropriate controls.
Sec. 1-28. Long-term maintenance of permanent stormwater facilities.
A. 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. Such requirements shall be set forth in a Stormwater Management Facilities Maintenance Agreement recorded in the local land records of the Virginia Beach Circuit Court, prior to issuance of a VSMP permit and shall:
1. Be submitted to the Administrator for review, approval and recordation prior to the issuance of the VSMP permit;
2. Be stated to run with the land;
3. Provide for all necessary access to the property for purposes of maintenance and regulatory inspections;
4. Provide for inspections and maintenance and the submission of inspection and maintenance reports to the Administrator;
5. Be enforceable by all appropriate governmental parties; and
6. Be approved for legal sufficiency by the City Attorney.
B. 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.
C. If a recorded instrument is not required pursuant to the subsection above, 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 homeowner inspections, homeowner outreach and education, or other method targeted at promoting the long-term maintenance of such facilities. Such facilities shall not be subject to the requirement for an inspection to be conducted by the Administrator.
Sec. 1-29. Monitoring and inspections.
B. 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 Ordinance.
E. Post-construction inspections of stormwater management facilities required by the provisions of this Ordinance shall be conducted by the Administrator pursuant to the City's adopted and State Board approved inspection program, and shall occur, at minimum, at least once every five (5) years.
Sec. 1-32. Enforcement.
B. In addition to any other remedy provided by this Ordinance, if the Administrator or his designee determines that there is a failure to comply with the provisions of this Ordinance, they may initiate such informal or formal administrative enforcement procedures in a manner that is consistent with the provisions of this Ordinance, State law and regulations.
C. 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 the City of Virginia Beach by the City to obey same and to comply therewith by injunction, mandamus or other appropriate remedy.
D. Any person who violates any provision of this Ordinance or who fails, neglects, or refuses to comply with any order of the Administrator, shall be subject to a civil penalty, ordered by the Circuit Court, not to exceed thirty-two thousand five hundred dollars ($32,500.00) for each violation within the discretion of the court. Each day of violation of each requirement shall constitute a separate offense.
1. Violations for which a penalty may be imposed under this Subsection shall include but not be limited to the following:
i. No state permit registration;
ii. No SWPPP;
iii. Incomplete SWPPP;
iv. SWPPP not available for review;
v. No approved erosion and sediment control plan;
vi. Failure to install stormwater BMPs or erosion and sediment controls;
vii. Stormwater BMPs or erosion and sediment controls improperly installed or maintained;
viii. Operational deficiencies;
ix. Failure to conduct required inspections;
x. Incomplete, improper, or missed inspections; and
xi. Discharges not in compliance with the requirements of Section 9VAC 25-870-1170 of the general permit.
2. The Administrator may institute proceedings for collection of the civil penalty and the action may be prosecuted in the appropriate court.
3. 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. Any civil penalties assessed by a court as a result of a summons issued by the City shall be paid into a segregated account into the treasury of the City of Virginia Beach to be used for the purpose of minimizing, preventing, managing, or mitigating pollution of the waters of the locality and abating environmental pollution therein.
5. 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 Ordinance, 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 twelve (12) months or a fine of not less than two thousand five hundred dollars ($2,500.00) or both.
Code of Ordinance