City of Hampton
The City of Hampton complies with the Chesapeake Bay Preservation Act in order to protect the quality of water in the Bay. The Chesapeake Bay is one (1) of the most important and productive estuarine systems in the world, providing economic and social benefits to the citizens of Newport News and the Commonwealth of Virginia. Portions of the City of Hampton are designated as Chesapeake Bay Preservation Areas. The City of Hampton also has enacted a Stormwater Management Ordinance in order to ensure the general health, safety, and welfare of the citizens of the city and 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 City of Hampton 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 Hampton will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. Stormwater fees will be collected by the City of Hampton and businesses can qualify for relief by implementing Best Management Practices on their property. The City of Hampton, 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.
Sec. 33.2-19. Long-term maintenance of permanent stormwater management 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 an instrument recorded in the local land records prior to termination of the general permit or earlier as required by the administrator and at a minimum shall:
- Be submitted to the administrator for review and approval prior to the approval of the stormwater management plan;
- Be stated to run with the land;
- Provide for all necessary access to the property for purposes of maintenance and regulatory inspections;
- Provide for inspections and maintenance and the submission of inspection and annual maintenance reports to the administrator without demand; and
- Be enforceable by all appropriate governmental parties.
(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 it is located, provided it is demonstrated to the satisfaction of the administrator that future maintenance of such facilities will be addressed through an enforceable mechanism at the discretion of the administrator.
(c) If a recorded instrument is not required pursuant to subsection (b) herein, 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 it is located. Such a strategy may include periodic inspections, homeowner outreach and education, or other methods 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. 33.2-20. Monitoring and inspections.
(b) The administrator, at reasonable times and under reasonable circumstances, may 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.
(e) 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 5 years except as otherwise provided in section 33.2-19.
Sec. 33.2-23. Enforcement.
(a) If the administrator determines that there is a failure to comply with the land-disturbing permit conditions or determines there is an unauthorized discharge, notice shall be served upon the permittee or person responsible for carrying out the permit conditions by any of the following methods: verbal warnings and inspection reports, consent special orders, and notices of violation including corrective action. Written notices shall be served by registered or certified mail to the address specified in the permit application or by delivery at the site of the development activities to the representative or employee supervising such activities.
(1) The notice shall specify the measures needed to comply with the 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 (b) herein, or the administrator may revoke the permit.
(2) 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 permit to cease all land-disturbing activities until the violation of the permit has been satisfied, or an approved plan and required permits are obtained, and specified corrective measures have been completed.
Such orders shall be issued in accordance with the city's stormwater program inspection and enforcement manual. Such orders shall become effective upon service on the person by registered or certified mail, return receipt requested, sent to his address specified in the land records of the city, or by personal delivery by 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 state or otherwise substantially impacting water quality, without advance notice or hearing, it may issue 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 subsection (c) herein.
(b) In addition to any other remedy provided by this chapter, if the administrator determines that there is a failure to comply with the provisions of this chapter, he may initiate informal and/or formal administrative enforcement procedures in a manner that is consistent with the city's stormwater program inspection and enforcement manual.
(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 by the city in the Hampton General District Court to obey the same and to comply therewith by injunction, mandamus, or other appropriate remedy.
(d) 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 $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:
- No state permit registration;
- No SWPPP;
- Incomplete SWPPP;
- SWPPP not available for review;
- No approved erosion and sediment control plan;
- Failure to install stormwater BMPs or erosion and sediment controls;
- Stormwater BMPs or erosion and sediment controls improperly installed or maintained;
- Operational deficiencies;
- Failure to conduct required inspections;
- Incomplete, improper, or missed inspections; and
- Discharges not in compliance with the requirements of Section 9VAC25-880-70 of the general permit.
(2) The administrator may issue a summons 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 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 direct.
(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 chapter, 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 12 months or a fine of not less than $2,500 nor more than $32,500.00, or both. Any such person furthermore shall be liable for all damage, loss, and expense suffered or incurred by the city as a result of such violation.
(6) In addition to any penalty imposed for a violation of the provisions of this chapter, a judge hearing the case may direct the person responsible for the discharge or deposit to remediate or remove such discharge or deposit; and each day's default in such remediation or removal shall constitute a separate violation under this section.
Hampton's stormwater fee is collected along with real estate property tax bills that are due in June and December of each year. The fee is currently $83.88 per year for a residential property or $83.88 per year per ERU for a commercial property. The average Equivalent Residential Unit (ERU) is 2,429 square feet of property space. A commercial property equal to 10 ERU's would pay $838.80 per year for their stormwater fee.
Relief from a percentage of the fee is possible as long as the property owner follows Best Management Practices (BMPs) on their property. These include such things as retention ponds, detention areas, infiltration facilities, 20% green space area, or parking lot sweeping on a regular basis.
Relief is available for commercial properties only. The process begins in the Public Works office at City Hall. The application is filled out, reviewed by an engineer, and approved or disapproved depending on the application. Application and renewal of the relief is required each year.
State of Virginia Documents:
Stormwater Management Website
Virginia Stormwater Management Handbook
Hampton Stormwater Ordinance
Hampton Stormwater Fees
Hampton Stormwater Page