Botetourt County regulation is compliant with the Virginia Stormwater Management Program (VSMP/NPDES) through municipal regulation Botetourt County Code Chapter 10 Article III. The county’s Municipal Separate Storm Sewer System (MS4) requires Botetourt to administer and enforce compliance with stormwater discharge permits in an effort to decrease stormwater pollutants and increase overall water quality.
Sec. 10-54. Stormwater Management Program Established; Submission and Approval of Plans; Prohibitions.
(a) Pursuant to § 62.1-44.15:27 of the Code of Virginia, Botetourt County hereby establishes a Virginia stormwater management program for land-disturbing activities and adopts the applicable Regulations that specify standards and specifications for VSMPs promulgated by the State Board for the purposes set out in section 10-51 of this article. No person shall conduct any land-disturbing activity until he has submitted a permit application to the VSMP authority that includes a state VSMP permit registration statement, if such statement is required, and, after July 1, 2014, a stormwater management plan or an executed agreement in lieu of a stormwater management plan, and has obtained VSMP authority approval to begin land disturbance.
(b) No VSMP authority permit shall be issued by the Administrator, until the following items have been submitted to and approved by the Administrator as prescribed herein:
(1) A permit application that includes a general permit registration statement; however, a registration statement is not required for detached single-family home construction within or outside of a common plan of development or sale, but such single-family home construction must adhere to the requirements of the general permit.
(2) An erosion and sediment control plan approved in accordance with the Botetourt County Erosion and Sediment Control Ordinance, articles I and II of this Chapter; and
(3) A stormwater management plan that meets the requirements of section 10-56 of this article.
(c) No VSMP authority permit shall be issued until evidence of general permit coverage is obtained.
(d) No VSMP authority permit shall be issued until the fees required to be paid pursuant to section 10-65, are received, and a reasonable performance bond required pursuant to section 10-66 of this article has been submitted.
(e) No VSMP authority permit shall be issued unless and until the permit application and attendant materials and supporting documentation demonstrate that all land clearing, construction, disturbance, land development and drainage will be done according to the approved permit.
(f) No grading, building or other local permit shall be issued for a property unless a VSMP authority permit has been issued by the Administrator.
Sec. 10-61. Monitoring and Inspections.
(a) The Administrator or any duly authorized agent of 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) Development, updating, and implementation of a pollution prevention plan; and
(4) Development and implementation of any additional control measures necessary to address a TMDL.
(b) The Administrator or any duly authorized agent of 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 article.
(c) 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 permit conditions associated with a land-disturbing activity when a permittee, after proper notice, has failed to take acceptable action within the time specified.
(d) Pursuant to § 62.1-44.15:40 of the Code of Virginia, and subject to provisions therein regarding protection of specified confidential information, the Administrator may require every VSMP authority permit applicant or permittee, or any such person subject to VSMP authority permit requirements under this article, to furnish when requested such application materials, plans, specifications, and other pertinent information as may be necessary to determine the effect of his discharge on the quality of state waters, or such other information as may be necessary to accomplish the purposes of this article.
(e) Post-construction inspections of stormwater management facilities required by the provisions of this article shall be conducted by the Administrator or any duly authorized agent of the Administrator pursuant to the Locality's adopted and State Board approved inspection program, and shall occur, at minimum, at least once every five (5) years except as may otherwise be provided for in section 10-60.
Sec. 10-64. Enforcement.
(a) If the Administrator determines that there is a failure to comply with the VSMP authority 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: 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 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 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) or the permit may be revoked by the Administrator.
(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 ceased, or an approved plan and required permits are obtained, and specified corrective measures have been completed. Such orders shall be issued in accordance with Botetourt County Stormwater Submittal Policy and Procedure. 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 locality, 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 subsection 10-54 (c).
(b) In addition to any other remedy provided by this article, if the Administrator or his designee determines that there is a failure to comply with the provisions of this article, they may initiate such informal and/or formal administrative enforcement procedures in a manner that is consistent with Botetourt County Stormwater Submittal Policy and Procedure.
(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 in Circuit Court of Botetourt County by the Locality to obey same and to comply therewith by injunction, mandamus or other appropriate remedy.
(d) Any person who violates any provision of this article 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 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 storm water 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 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 Locality shall be paid into the treasury of the county to be used for the purpose of minimizing, preventing, managing, or mitigating pollution of the waters of the locality and abating environmental pollution therein in such manner as the court may, by order, direct.
(e) 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 article, 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, or both.
Botetourt Stormwater Management Website
Botetourt County VSMP Stormwater Submittal Policy and Procedures