Code of Virginia - Title 10.1 Conservation - Section 10.1-603.5 State agency projects

§ 10.1-603.5. State agency projects

A. A state agency may not undertake any land clearing, soil movement, or construction activity involving soil movement or land disturbance unless the agency has submitted a permit application for the land-disturbing activity and the application has been reviewed and approved and a stormwater permit issued by the Department. State agencies may submit a single permit application containing stormwater management standards and specifications for all land disturbing activities conducted under the requirements of this article. State agency stormwater management standards and specifications shall include, but are not limited to:

1. Technical criteria to meet the requirements of this article and regulations developed under this article;

2. Provisions for the long-term responsibility and maintenance of stormwater management control devices and other techniques specified to manage the quantity and quality of runoff;

3. Provisions for erosion and sediment control and stormwater management program administration, plan design, review and approval, and construction inspection and enforcement;

4. Provisions for ensuring that responsible personnel and contractors obtain certifications or qualifications for erosion and sediment control and stormwater management comparable to those required for local government;

5. Implementation of a project tracking and notification system to the Department of all land disturbing activities covered under this article; and

6. Requirements for documenting on-site changes as they occur to ensure compliance with the requirements of the article.

B. All state agencies shall comply with the provisions of this article and the stormwater management provisions of the Erosion and Sediment Control Law (§ 10.1-560 et seq.), and related regulations. The state agency responsible for the land-disturbing activity shall ensure compliance with the issued permit, permit conditions, and plan specifications. The Department shall perform random site inspections to assure compliance with this article, the Erosion and Sediment Control Law and regulations adopted thereunder.

C. The Department shall have 30 days in which to review the permit application and to issue its permit decision, which shall be binding on the state agency or the private business hired by the state agency.

As on-site changes occur, the state agency shall submit changes in the permit application to the Department.

D. The Department may assess an administrative charge to cover a portion of the costs of services rendered associated with its responsibilities pursuant to this section.

(1989, cc. 467, 499; 2004, c. 372.)

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Last modified: April 16, 2009