Since stormwater management is an issue which affects the entire Roanoke Valley region and not simply a single jurisdiction, representatives from both the City of Roanoke and from Roanoke County have drafted ordinances to be adopted by their governing bodies. These stormwater ordinances have been developed together in a consitent manner to support one another.
(revised May 19th, 2014)
As a result, The City Code of Roanoke was amended to include Stormwater Management (Chapter 11.6). The purpose of the chapter is to ensure the general health, safety, and welfare of the citizens of the City of Roanoke, 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. The chapter also integrates the City of Roanoke’s stormwater management, erosion and sediment control, and stormwater discharge regulations, into a unified program. The unified stormwater program is intended to facilitate the submission and approval of plans, issuance of VSMP (Virginia Stormwater Management Program) Authority permits, payment of fees, and coordination of inspection, maintenance, and enforcement activities into a more convenient and efficient manner for both the City and those responsible for compliance with these programs.
(a) The Administrator shall require the provision of long-term responsibility 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 an instrument recorded in the local land records prior to General Permit termination or earlier as required by the Administrator and shall al a minimum:
(b) The maintenance agreement shall provide for access to stormwater management facilities at reasonable times for periodic inspection by the City, or its contractor or agent or other designee, and for regular assessments of landowners to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter.
(c) When any new stormwater management .facility is installed on private property, or when any new connection is made between private property and a public storm drainage system, duly authorized employees, agents, or representatives of the City shall be authorized to enter such public or private property at any reasonable time for the purpose of inspection. Entry onto the property includes the right to enter when there is a reasonable basis to believe that a violation of this chapter is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this chapter.
(d) Maintenance of all stormwater management facilities shall be ensured through the maintenance agreement recorded with the Clerk of the Roanoke City Circuit Court prior lo final plan approval. The agreement shall identify the responsible party for carrying out the maintenance, including the owner, governmental agency or other legally established entity to be permanently responsible for maintenance.
(e) The operation and maintenance of stormwater management facilities, unless assumed by a governmental agency, shall remain with the responsible party and shall pass to any successor in title. Any changes to the maintenance agreement shall be reviewed and approved by the city prior to plan approval.
(f) As part of the maintenance agreement, a schedule shall be developed for when and how often maintenance will occur to ensure proper function of the stormwater management facility. The agreement shall also include plans for periodic inspections to ensure proper performance pf the facility between scheduled maintenance, shall also include “failure to maintain” provision, and shall include provisions for submission of inspection and maintenance reports to the Administrator. The terms of the maintenance agreement shall incorporate and be consistent with the requirements of the operations and maintenance portion of the stormwater management plan as described in the Design Manual.
Sec. 11.6-401. - Monitoring and inspections.
(a) The permittee must notify the administrator before the commencement of construction. The permittee must notify the administrator before construction of critical components of a stormwater management facility.
(b) The administrator shall inspect the land-disturbing activity during construction for:
(1) Compliance with the approved erosion and sediment control plan;
(2) Compliance with the approved stormwater management plan;
(3) Compliance with the approved pollution prevention plan as well as updating and implementation of the pollution prevention plan; and
(4) Development and implementation of any additional control measures necessary to address a TMDL.
(c) 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.
(d) 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 Virginia Stormwater Management Program Authority Permit conditions associated with a land-disturbing activity when a permittee, after proper notice, has failed to take acceptable action within the time specified.
(e) Periodic inspections of the stormwater management system construction shall be conducted by the staff of the city. Stormwater management construction inspection shall utilize the approved stormwater management plans and specifications in reviewing compliance with the requirements of this chapter. The city shall perform inspections that can be confirmed by visual means only.
(f) Pursuant to Section 10.1-603.12:2 of the Code of Virginia, the administrator may require every Virginia Stormwater Management Program Authority Permit applicant or permittee, or any such person subject to the Virginia Stormwater Management Program 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 any discharge on the quality of state waters, or such other information as may be necessary to accomplish the purposes of this chapter.
(g) Post-construction inspections of stormwater management facilities required by the provisions of this chapter shall be conducted by the administrator pursuant to the city's adopted and state board approved inspection program, and shall occur at least once every five (5) years.
(h) Upon completing the construction of stormwater facilities, the permittee is responsible for certifying to the administrator that the completed project is in accordance with the approved plans and specifications and the permittee shall conduct regular inspections during construction sufficient to adequately document compliance. All inspections conducted by the permittee shall be documented and written reports prepared that contain the following information:
(1) The date and location of the permittee inspection;
(2) Whether construction is in compliance with the approved stormwater management plan;
(3) Variations from the approved construction specifications;
(4) Corrective actions that have been taken to correct previous violations;
(5) Any violations that exist; and
(6) The name and signature of the person who performed the inspection.
(i) If the inspections, conducted by the city, find any violations, the permittee shall be notified in writing of the nature of the violation and the required corrective actions. No additional construction or land-disturbing activity in the area of the violation shall proceed until any violations are corrected and all work previously completed has received approval by the administrator.
(j) The permittee shall provide inspection monitoring and reports to ensure compliance with the approved plan and to determine whether the measures required in the plan provide effective stormwater management.
(k) If the administrator determines that there is a failure to comply with the plan, notice shall be served upon the permittee or person responsible for carrying out the plan in accordance with Article VII of this chapter.
(l) The permittee shall be responsible for the maintenance and repair of stormwater management facilities during construction. Following the completion and acceptance of construction, a responsible party shall be designated for the maintenance and repair of stormwater management facilities. Persons responsible for the maintenance and repair of stormwater management facilities shall perform periodic inspection, maintenance, and repair, in conformance with the applicable maintenance agreement. All inspection, maintenance, and repair activities shall be documented.
(m) All stormwater structures and management facilities shall be properly maintained, repaired, and inspected as required to meet the performance requirements as specified in the approved stormwater facility maintenance agreement, including any stormwater structure or stormwater management facility existing as of the effective date of this chapter.
(n) In addition to the inspections performed by the permittee or landowner, the city shall periodically inspect all stormwater management facilities. In the event that the stormwater management facility has not been maintained or becomes a danger to public safety, public health, or the environment, the city shall notify the landowner by registered or certified mail. The notice shall specify the measures needed to comply with the plan and shall specify the time within which such measures shall be completed. If the responsible party fails or refuses to meet the requirements of the maintenance covenant, the city, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition, and recover the costs from the landowner. In the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health, safety, or the environment, the city reserves the authority to perform the work and to recover the costs from the landowner.
(o) Parties responsible for the operation and maintenance of a stormwater management facility shall make records of the installation and of all inspections, maintenance and repairs, and shall retain the records for at least five (5) years.
(p) Records of inspection and maintenance by the responsible party shall be submitted to the city annually.
(q) The city will conduct post-construction inspections of stormwater management facilities at least once every five (5) years.
(Ord. No. 39955, § 2, 5-19-14, eff. 7-1-14)
Sec. 11.6-600. - Enforcement—Civil penalties.
(a) 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 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 25-880-70 of the Regulations.
(b) The administrator may issue a summons for the collection of the civil penalty, and the action may be prosecuted in the appropriate court.
(c) 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.
(d) Any civil penalties assessed by a court as a result of a summons issued by the city shall be paid into the treasury of the city to be used for the purpose of minimizing, preventing, managing, or mitigating pollution of the waters of the city and abating environmental pollution therein in such manner as the court may, by order, direct.
(e) If the administrator determines that there is a failure to comply with the Virginia Stormwater Management Program Authority Permit conditions or determines that there is an unauthorized discharge, notice shall be served upon the permittee or person responsible for carrying out the Virginia Stormwater Management Program Authority Permit conditions by any of the following: verbal warnings and inspection reports, notices of corrective action, consent special orders, and notices to comply. Written notices shall be served by registered or certified mail to the address specified in the Virginia Stormwater Management Program Authority Permit application or by delivery at the site of the development activities to the agent or employee supervising such activities.
(1) The notice shall specify the measures needed to comply with the Virginia Stormwater Management Program Authority Permit conditions and shall specify the time within which such measures shall be completed. Upon failure to comply within the time specified, a stop work order may be issued in accordance with subsection (h) or the Virginia Stormwater Management Program Authority Permit may be revoked by the administrator.
(2) The notice shall specify a statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed, as well as a statement that the determination of violation may be appealed by filing a written notice of appeal within thirty (30) days of service of notice of violation.
(3) 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 Virginia Stormwater Management Program Authority Permit to cease all land-disturbing activities until the violation of the Virginia Stormwater Management Program Authority Permit has ceased, or an approved plan and required Virginia Stormwater Management Program Authority Permits are obtained, and specified corrective measures have been completed.
Such orders shall be issued in accordance with the city's procedures. 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 city, 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 this chapter.
(f) In addition to any other remedy provided by this chapter, if the administrator, or the administrator's designee, determines that there is a failure to comply with the provisions of this chapter, they may initiate such informal or formal administrative enforcement procedures in a manner that is consistent with the city's procedures.
(g) Any person violating or failing, neglecting, or refusing to obey any rule, regulation, ordinance, order, approved standard or specification, or any Virginia Stormwater Management Program Authority Permit condition issued by the administrator may be compelled in a proceeding instituted in the City of Roanoke Circuit Court by the city to obey same and to comply therewith by injunction, mandamus or other appropriate remedy.
(h) The stop work order shall be in effect until the city confirms that the land-disturbing activity is in compliance with the requirements of this chapter and the violation has been satisfactorily addressed. Upon failure to comply within the time specified, the Virginia Stormwater Management Program Authority Permit may be revoked and the applicant shall be deemed to be in violation of this chapter and upon conviction shall be subject to the penalties provided by this chapter.
(Ord. No. 39955, § 2, 5-19-14, eff. 7-1-14)
Sec. 11.6-601. - Enforcement—Criminal penalties.
Any person who willfully or negligently violates any provision of this chapter, any regulation or order of the board, any order of either a Virginia Stormwater Management Program authority authorized to enforce this chapter or the Department, any condition of a Virginia Stormwater Management Program Authority Permit or state permit, or any order of a court seeking to enforce this chapter, shall be guilty of a misdemeanor punishable by confinement in jail for not more than twelve (12) months and a fine of not less than two thousand five hundred dollars ($2,500.00) nor more than thirty-two thousand five hundred dollars ($32,500.00), either or both. Any person who knowingly violates any provision of this chapter, any regulation or order of the board, any order of the Virginia Stormwater Management Program authority or of the department, any condition of a Virginia Stormwater Management Program Authority Permit or state permit, or any order of a court issued as herein provided, or who knowingly makes any false statement in any form required to be submitted under this chapter or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter, shall be guilty of a felony punishable by a term of imprisonment of not less than one (1) year nor more than three (3) years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than twelve (12) months and a fine of not less than five thousand dollars ($5,000.00) nor more than fifty thousand dollars ($50,000.00) for each violation. Any defendant who is not an individual shall, upon conviction of a violation under this subsection, be sentenced to pay a fine of not less than ten thousand dollars ($10,000.00). Each day of violation of each requirement shall constitute a separate offense.
(Ord. No. 39955, § 2, 5-19-14, eff. 7-1-14)
Virginia Stormwater Management Handbook