General Information | Construction Activity Permitting | VSMP Registration Form for Construction Activities | Municipal Separate Storm Sewer Systems
What's new?
The 2004 Virginia legislature unanimously passed House Bill 1177 transferring regulatory authority of the National Pollutant Discharge Elimination System (NPDES) programs related to municipal separate storm sewer systems (MS4s) and construction activities from the State Water Control Board to the Soil and Water Conservation Board and transferred oversight of these programs from the Department of Environmental Quality to the Department of Conservation and Recreation. This transfer became effective JANUARY 29, 2005. As a result, DCR is responsible for the issuance, denial, revocation, termination and enforcement of NPDES permits for the control of stormwater discharges from MS4s and land disturbing activities under the Virginia Stormwater Management Program. The Department of Environmental Quality continues to manage the remaining NPDES program.
Click here to download Engineers' Toolkit: Virginia Stormwater Management Program (VSMP) Permit Regulations (effective Jan. 29, 2005) (PDF)
General Information About Stormwater Permitting
Traditional definitions of stormwater have usually characterized it as nonpoint source runoff. However, most urban and industrial stormwater is discharged through conveyances, such as separate storm sewers, ditches, channels or other conveyances, which are considered point sources under the Clean Water Act (CWA), and subject to regulation through the National Pollutant Discharge Elimination System (NPDES) permit program.
Virginia is an authorized state under the federal permitting program. DCR administers the federal program pertaining to the municipal separate storm sewer systems (MS4s) and construction activities as part of the Virginia Stormwater Management Program (VSMP) permit program, which is authorized under the Virginia Stormwater Management Act. As mandated by the Clean Water Act and EPA's Phase 1 (11/16/90) and Phase 2 (12/8/99) stormwater regulations, the federal permitting requirements have been incorporated into the Permit Regulation in sections 4 VAC50-60-380 and 390.
DCR issues both individual and general permits to stormwater dischargers. DCR currently has stormwater general permits in force for Construction Activities, and Small Municipal Separate Storm Sewer Systems. The Soil and Water Conservation Board adopted all general permit regulations without change previously promulgated by the State Water Control Board. For answers to general questions about the DCR stormwater permitting program, please call (804) 786-1712 or email SWMESquestions@dcr.virginia.gov.
Construction Activity Permitting
DCR's construction site stormwater permits are based upon EPA's construction stormwater general permit, and require construction site operators to develop and implement a stormwater pollution prevention plan that uses best management practices for erosion and sediment control at the construction site. During the development of the construction permit requirements, specific EPA erosion and sediment control permit requirements were modified to make them as consistent as possible with the DCR's ESC program requirements. Permits for construction sites do not typically contain monitoring requirements; however, they do require the operator to regularly inspect stormwater discharges from the site to ensure that the best management practices are controlling the discharge of pollutants to the maximum extent practicable, and are meeting water quality standards.
If a construction site has an approved Erosion and Sediment Control (ESC) plan from the locality or from DCR, a pollution prevention plan must still be developed, the construction site owners / operators are permitted to satisfy identical pollution prevention plan requirements by simply referencing the approved Erosion and Sediment Control plan. This saves the construction site owner from duplicating identical requirements. The permit pollution prevention plan requires the operator to manage other wastes on site, such as building materials, garbage and debris, and to have controls to minimize the exposure of these materials to stormwater, and to minimize the discharge of pollutants to State waters.
Who Must Apply
Owners / operators of construction activities equal to or larger than one acre are required to apply for registration coverage under the General Permit for Discharges of Stormwater From Construction Activities. Owners / operators of construction activities larger than 2,500 square feet and less than one acre located in Chesapeake Bay Preservation localities are also required to apply for registration for coverage.
In addition, construction activity (i) of less than one acre yet part of a common plan of development or sale disturbing one or more acres, and (ii) having the potential to discharge stormwater, requires coverage under the VSMP General Permit for Discharges of Stormwater for Construction Activities. A VSMP permit fee of $500 is required for construction activity that derives from a common plan of development defined as large construction activity pursuant to 4 VAC 50-60-10 (i.e., disturbing greater than five acres). The VSMP permit fee for construction activity that derives from a common plan of development defined as small construction activity pursuant to 4 VAC 50-60-10 (i.e., disturbing greater than one acre and less than five acres) is $300.
Registration Forms for Coverage Under the General PermitApplication for Coverage Under the Registration Statement (DCR199-146.pdf)
Application for Registration Fee Form (DCR199-145.pdf)
Notice of Termination (DCR199-147.pdf)
General Permit
for Discharges from Construction Activities, a/k/a DCR01 (genper01consact.pdf)
Completion Checklist (checklist.pdf)
To secure coverage under the General Permit for Discharges from Construction Activities, the Registration Statement must be completed and mailed to:
Department of Conservation and Recreation
Stormwater Permitting
203 Governor Street, Suite 206
Richmond, VA 23219
The Application for Fee form must be completed and submitted with payment to:
Department of Conservation and Recreation
Division of Finance, Accounts Payable
ATTN: Stormwater Permits
203 Governor Street
Richmond, VA 23219
Municipal Separate Storm Sewer System Permitting
Under the Phase 1 regulations, permits for stormwater discharges from municipal separate storm sewer systems were required for eleven "large" and "medium" municipalities in Virginia. The "large" municipalities (>/= 250,000 population) are Fairfax County, Virginia Beach and Norfolk. The "medium" municipalities (>/= 100,000 and < 250,000 population) are Arlington County, Prince William County, Henrico County, Chesterfield County, Hampton, Newport News, Portsmouth, and Chesapeake. The Phase 2 stormwater regulations froze the population thresholds for "large" and "medium" municipal separate storm sewer systems at the 1990 Census level, so no additional municipalities will be designated into these categories.
Phase 1 municipal separate storm sewer systems permit applications required the municipalities to propose a comprehensive Stormwater Management Program (SWMP) of structural and non-structural measures to control the discharge of pollutants from the storm sewer system to the maximum extent practicable, and to effectively prohibit non-stormwater discharges to the separate storm sewer system. The Phase 1 permits required the implementation of the Stormwater Management Program, required storm event monitoring to be conducted by the municipality, and required the municipality to regularly assess the effectiveness of the various stormwater controls employed by the municipality.
Phase 2 regulations required permits to be issued to small municipal separate storm sewer systems (small MS4s) located in "urbanized areas" (as defined by the U.S. Census Bureau's 2000 Census). Small municipal separate storm sewer systems include systems owned by municipalities, federal facilities, State facilities (including VDOT), and public universities. In addition, any small municipal separate storm sewer system located in a Phase 1 "large" or "medium" municipality is required to be permitted under the Phase 2 regulations.
Permits for regulated small municipal separate storm sewer systems require the development, implementation and enforcement of a Stormwater Management Program that includes the following "six minimum control measures": (1) public education and outreach on stormwater impacts [click here to order educational videos and associated brochures from EPA], (2) public involvement/ participation, (3) illicit discharge detection and elimination, (4) construction site stormwater runoff control, (5) post-construction stormwater management in new development and redevelopment, and (6) pollution prevention/good housekeeping for municipal operations.
Regulated small municipal separate storm sewer system permit applications require the applicant to identify: (1) proposed best management practices and measurable goals for each of the "six minimum control measures"; (2) the timing of the implementation of each control measure; and (3) the person or persons responsible for implementing the Stormwater Management Program.
EPA has developed a menu of best management practices (Menu of BMPs) to assist small municipal separate storm sewer system owners with their permit applications, and guidance to assist in the development of measurable goals. The menu (which is intended as guidance only) provides information as to the types of practices that could be used to develop and implement a stormwater management program.
This link, http://cfpub1.epa.gov/npdes/stormwater/menuofbmps/menu.cfm, leads to EPA's National Menu of Best Management Practices website and their HTML menu of best management practices.
The menu is also available for download in Adobe Acrobat Portable Document Format (PDF). The following files are PDF versions of the HTML files located at EPA's website. The files are divided into the six minimum control measures; the files are easier to view and print because they are smaller.
EPA has also published guidance for developing measurable goals. Measurable goals must be developed for each best management practice that is identified in the owner's permit application. The guidance presents an approach for owners to develop measurable goals as part of their stormwater management program. These measurable goals help the owner to evaluate the effectiveness of individual control measures and the stormwater management program as a whole.
Click here to visit EPA website content regarding its Measurable Goals Guidance. (Click here for a PDF version of the same content [PDF, 669K].)
Click here to download VSMP General Permit Registration Statement for Discharges from Small Municipal Separate Storm Sewer Systems (DCR02; DCR199-148.pdf).
Questions about the Virginia Stormwater Management Program
or Erosion and Sediment Control Program?
Just write SWMESquestions@dcr.virginia.gov.
