Section 30. Scope and applicability

A. This chapter sets forth minimum standards for the effective control of soil erosion, sediment deposition, and nonagricultural runoff that must be met:

1. In VESCPs adopted under § 62.1-44.15:54 of the Act;

2. In erosion and sediment control plans that may be submitted directly to the department pursuant to § 62.1-44.15:55 A of the Act;

3. In annual general erosion and sediment control standards and specifications that electric, natural gas, and telephone utility companies, interstate and intrastate natural gas pipeline companies, and railroad companies are required to file, and authorities created pursuant to § 15.2-5102 of the Code of Virginia may file with the department pursuant to § 2.1-44.15:55 D of the Act;

4. In erosion and sediment control plans or annual standards and specifications that state agencies are required to file with the department pursuant to § 62.1-44.15:56 of the Act; and

5. In erosion and sediment control plans or annual standards and specifications that federal agencies may submit to the department pursuant to § 62.1-44.15:56 of the Act.

B. The submission of annual standards and specifications to the department does not eliminate the need where applicable for a project specific Erosion and Sediment Control Plan.

C. In accordance with Item 360 I1 of Chapter 3 of the 2012 Virginia Acts of Assembly, Special Session 1, public institutions of higher education, including community colleges, colleges, and universities, shall be subject to project review and compliance for state erosion and sediment control requirements by the VESCP authority of the locality within which the land-disturbing activity is located, unless such institution submits annual specifications to the department in accordance with § 62.1-44.15:56 A (i) of the Code of Virginia.

D. Any VESCP authority that administers a VESCP may charge applicants a reasonable fee to defray the costs of program administration. Such fee may be in addition to any fee charged for administration of a Virginia stormwater management program, although payment of fees may be consolidated in order to provide greater convenience and efficiency for those responsible for compliance with the programs. A VESCP authority shall hold a public hearing prior to establishing a schedule of fees. The fee shall not exceed an amount commensurate with the services rendered, taking into consideration the time, skill, and the VESCP authority's expense involved.

Historical Notes

Former 4VAC50-30-30, derived from VR625-02-00 § 3, eff. September 13, 1990; amended, Volume 11, Issue 11, eff. March 22, 1995; Volume 29, Issue 04, eff. November 21, 2012; amended and renumbered, Virginia Register Volume 30, Issue 02, eff. October 23, 2013.

Statutory Authority

§ 62.1-44.15:52 of the Code of Virginia.