| Virginia's Water Quality |
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| A Primer and Toolkit for Virginia's Citizens | ||||||||||||||||||||
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This Section Contains the Following InformationVirginia Constitution Article XI Federal Government Resource Agencies Virginia's Government Resource Agencies Local Government Water Quality Laws Local Government Resource Departments
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General Rules and Regulations that are used to protect water resources in VirginiaVirginia Constitution – Article XI To the end that the people have clean air, pure water, and the use and enjoyment for recreation of adequate public lands, waters, and other natural resources, it shall be the policy of the Commonwealth to conserve, develop, and utilize its natural resources, its public lands, and its historical sites and buildings. Further, it shall be the Commonwealth's policy to protect its atmosphere, lands, and waters from pollution, impairment, or destruction, for the benefit, enjoyment, and general welfare of the people of the Commonwealth.The Federal Clean Water Act The Federal Clean Water Act outlines several different “programs” and “tools” that are implemented by the Commonwealth of Virginia that are aimed at protecting our water resources. The purpose of this act is to maintain and restore our nation’s waters so that they can support “the protection and propagation of fish, shellfish, and wildlife and recreation in and on the water”.
To do this, the Clean Water Act requires that states do the following:
Federal Government Resource Agencies Environmental Protection Agency (US EPA or EPA) The mission of the Environmental Protection Agency is to protect human health and the environment. Since 1970, EPA has been working for a cleaner, healthier environment for the American people. The EPA develops and enforces regulations that implement laws enacted by Congress, provide direct support through grants to State environmental programs, conduct research to solve current and future environmental problems, and help further environmental education. United States Geologic Survey (USGS) The USGS is an unbiased, multi-disciplinary science organization that focuses on biology, geography, geology, geospatial information, and water. They are dedicated to the timely, relevant, and impartial study of the landscape, our natural resources, and the natural hazards that threaten us. In Virginia, they assist in collecting both water quality data and water flow data. National Oceanic and Atmospheric Administration (NOAA) NOAA provides daily weather forecasts, severe storm warnings and climate monitoring. They also provide expertise in fisheries management, coastal restoration and programs supporting marine commerce. United States Army Corps of Engineers (US ACE) The Army Corps of Engineers protects the Nation's aquatic resources, while allowing reasonable development through fair, flexible and balanced permit decisions. The Corps evaluates permit applications for essentially all construction activities that occur in the Nation's waters, including wetlands. Corps permits are also necessary for any work, including construction and dredging, in the Nation's navigable waters. Natural Resource Conservation Service (NRCS) The Natural Resource Conservation Service is an agency of the United States Department of Agriculture. They provide technical expertise to landowners and communities areas as such as animal husbandry and clean water, ecological sciences, engineering, resource economics, and social sciences. National Park Service (NPS) Aside from managing public lands across the country, the National Park Service helps communities across America preserve and enhance important local heritage and close-to-home recreational opportunities. Grants and assistance are offered to register, record and save historic places; create community parks and local recreation facilities; conserve rivers and streams, and develop trails and greenways.
United States Forest Service (USFS) The Forest Service is also an agency of the U.S. Department of Agriculture. The Forest Service manages public lands in national forests and grasslands, which encompass 193 million acres.
Virginia receives authority from the Federal Environmental Protection Agency (EPA) to implement the requirements of the Federal Clean Water Act as previously outlined. Virginia also has an extensive list of water quality laws and regulations within the Code of Virginia that provide additional protection to water resources and financing alternatives. Virginia couples these laws codified in the Code of Virginia with many “non-regulatory” programs developed to meet the requirements of the Clean Water Act to assemble its water management programs. The EPA requires that Virginia provide periodic reports on the state's implementation of the Clean Water Act. Based upon these reports, the EPA could require Virginia to change its approach to implementing the Clean Water Act or revoke the state's authority if the state's approach to implementing the Clean Water Act is found to be unsatisfactory. Aside from the Federal Clean Water Act, the following laws help to shape Virginia's Water Quality Management Programs Agriculture Stewardship Act (ASA) The ASA provides a different approach to traditional regulatory control over pollution issues involving agricultural operations. The ASA program is based upon receiving complaints from community members about a potential for water quality impacts to a streams or river. Once a complaint is received and investigated, the local Soil and Water Conservation District or the Virginia Department of Agriculture and Consumer Services determines whether the operating is causing or will cause water pollution. The The ASA program gives the farmer an opportunity to correct a water quality problem voluntarily before any enforcement action is taken. Chesapeake Bay Preservation Act (CBPA) This act requires that counties, cities, and towns of Tidewater Virginia incorporate general water quality protection measures into their comprehensive plans, zoning ordinances, and subdivision ordinances. It also requires that Chesapeake Bay Preservation Areas be defined and protected. It further provides that the Commonwealth make its resources available to localities to comply with this act. Erosion and Sediment Control Law (ESC) The ESC Program's goal is to control soil erosion, sedimentation, and nonagricultural runoff from regulated "land-disturbing activities" to prevent degradation of property and natural resources. The regulations specify "Minimum Standards," which include criteria, techniques and policies, that must be followed on all regulated activities. A network of local government-operated ESC programs regulate most private projects involving a land-disturbing activity, while the Department of Conservation and Recreation's ESC Program staff oversees state and federal activities. State Water Control Board The is a citizen board that is tasked with implementing the Virginia Water Control Law. The board adopts regulations and considers special orders resolving violations of its regulations and permits that have had a related public hearing
Virginia Stormwater Management Laws The Virginia Department of Conservation & Recreation is responsible for administering the state’s stormwater management program. Virginia’s stormwater program is closely modeled after the federal National Pollution Discharge Elimination System (NPDES), which requires stormwater be treated to the maximum extent practicable (MEP). In addition to the permitting requirements established by the NPDES program, Virginia has established specific stormwater treatment requirements. The Virginia Stormwater Management Program seeks to protect properties and aquatic resources from damages caused by increased volume, frequency and peak rate of stormwater runoff. Further, the program seeks to protect those resources from increased nonpoint source pollution carried by stormwater runoff. These statutes specifically set forth regulations regarding land development activities to prevent water pollution, stream channel erosion, depletion of groundwater resources, and more frequent localized flooding to protect property value and natural resources. SWM programs operated according to the law are intended to address these adverse impacts and comprehensively manage the quality and quantity of stormwater runoff on a watershed-wide basis. Virginia Pollution Discharge Elimination System (VPDES) The is really a program under the Clean Water Act's National Pollution Discharge Elimination System (NPDES), although there are some specific laws in the Virginia Code that refer to the administration of the VPDES program. DEQ issues individual permits to both municipal and industrial facilities. Permit requirements, special conditions, effluent limitations and monitoring requirements are determined for each facility on a site specific basis in order to meet applicable water quality standards. New proposed permits and changes to existing permits go through the public process, which requires ample public notice and a public comment period.
Water Quality Improvement Act The purpose of the Virginia Water Quality Improvement Act of 1997 (WQIA) is to restore and improve the quality of state waters and to protect them from impairment and destruction for the benefit of current and future citizens of the Commonwealth of Virginia (Section 10.1-2118 of the Code of Virginia). Because this is a shared responsibility among state and local governments and individuals, the Water Quality Improvement Fund (WQIF) was created. The purpose of the fund is to provide water quality improvement grants to local governments, soil and water conservation districts and individuals for point and nonpoint source pollution prevention, reduction and control programs
Virginia's Primary Water Quality Agencies Department of Environmental Quality This agency has the primary responsibility to implement the requirements of the Clean Water Act. The agency also has programs that regulate solid waste, air quality, and other environmental programs. For the water programs, the agency has the responsibility to issue National and Virginia Pollution Discharge Elimination System permits, create water quality standards, monitor the streams and rivers to determine which streams and rivers meet water quality standards, and implement the Total Maximum Daily Load program to clean up streams that do not meet water quality standards. Generally, the agency handles “point source” pollution programs and has transferred the authority over “non-point” source pollution to the Department of Conservation and Recreation. The agency is headquartered in Richmond, Virginia, but has several regional offices. Department of Conservation and Recreation This agency has several departments: Soil and Water, Parks and Recreation, Natural Heritage, and Chesapeake Bay Local Assistance. The Soil and Water and Chesapeake Bay Local Assistance Departments have programs aimed at limiting nonpoint source pollution. The agency is responsible for insuring the state's erosion and sediment control and stormwater regulations are implemented. Department of Game and Inland Fisheries This agency is responsible for the management of inland fisheries, wildlife, and recreational boating for the Commonwealth of Virginia. The have several district offices that are manned by a variety of staff, including regional fisheries biologists who help to study this important resource. The agency assists the Department of Environmental Quality in its monitoring efforts and provides important information about threatened and endangered species to the United States Fish and Wildlife agency. Department of Forestry The Virginia Department of Forestry helps to provide protection to the state's forest lands from fires, insects and disease. They also assist in the appropriate harvest and commercial use of Virginia's forested lands and they manage thousands of acres of Virginia State Forest lands. They provide technical assistance to landowners and other agencies regarding riparian buffers and forests and help implement best management practices for commercial forest enterprises. Department of Agriculture and Consumer Services The Virginia Department of Agriculture and Consumer Services promotes the economic growth and development of Virginia's agriculture, provides consumer protection and encourages environmental stewardship. This agency is responsible for managing the Virginia Agricultural Stewardship Act. Department of Health Among the many programs of the Virginia Department of Health is its oversight of the safety of public drinking water supplies. In addition, the Health Department is responsible for other health concerns such as public beach closures and shellfish bed condemnation as a result of high levels of pathogens. The agency is also responsible for onsite sewage systems for single family houses (drainfields) as well as the application of biosolids.
Local Government Water Quality Laws There are many local governments in Virginia that have adopted additional regulations within their county code to manage water quality issues on a local level. These range from addition language intended to implement the State's erosion and sediment control laws to zoning overlays that protect water resources. This guide will not outline all of these ordinances. Instead, the guide will provide examples of local government laws and programs and most importantly where to look in your locality for these programs. Erosion and Sediment Control Laws and Programs Some localities may have additional regulations and programs aimed at reducing the erosion and runoff from construction sites. Water Resource Protection Overlay Districts Some localities may have special districts that provide additional protection to water resources areas. In some cases, localities may have codified within their zoning ordinance the Resource Protection Areas (RPAs) required in the Chesapeake Bay Preservation Act. Other localities may provide additional protection for a watershed that produces drinking water. Watershed Protection Areas Similarly to a Water Resource Protection Overlay District, some localities have designated watershed protection areas which seek to limit environmental impact in watersheds not previously developed or that serve as a drinking water source. Stormwater Management Laws and Programs Some localities may have additional regulations and programs that help manage stormwater issues within their locality and meet the Federal Clean Water Act requirements regarding stormwater. Some localities have been given the authority to develop stormwater authorities to inable financing of new infrastructure to meet stormwater needs. Low Impact Site Development Programs Some localities have site development regulations that allow builders to replace traditional site development infrastructure with infrastructure designed to have a lower impact on stormwater and overland flow. These regulations would be found in a localities building code or zoning ordinance. In many cases, low impact site development infrastructure is inhibited by existing building and zoning codes and a builder or developer must apply for special use permits to use this development device rather than traditional development devices.
All of Virginia's Counties and Cities are different from each other. Consequently, they all have different county functions and departments. The departments listed below will not necessarily be found in your locality, but the general tasks associated with the listing below is likely included within another department. It may be useful to you to research the departments within your locality and the relationship to each other. Building Codes and Development – This is often the department charged with implementing Virginia's Erosion and Sediment Control regulations. Officials within this department can issue Notices of Violation and Stop Work orders. Planning Department – This Department is usually responsible for developing the locality's comprehensive plan. The Comprehensive Plan is an important document that helps determine future land use choices within the locality. This is where additional land use protection ordinances such as watershed protection corridors may be developed. The Planning Department may also provide technical assistance or oversight to site planning for developments. Zoning Department – This department is usually responsible for implementing the locality's comprehensive plan through the local Zoning Ordinance that outlines where development may occur within the locality. The Zoning Department would provide oversight for any zoning overlays that may be included in the local Zoning Ordinance. The Zoning Department may also provide technical assistance or oversight to site planning for developments. Aside from the Building Department, this department would also have the ability to issue Notices of Violation and Stop Work orders to insure the local ordinances are correctly implemented. Public Works – This department is usually responsible for implementing stormwater programs and the requirements of Federal and State stormwater laws. The department may also be responsible for implementing erosion and sediment control programs. The Public Works Department may also provide technical assistance or oversight to site planning for developments, especially for stormwater management. Soil and Water Conservation District – while not really a local government body, Virginia's Conservation Districts are "political subdivisions of State Government", that utilize state, federal and private sector resources to solve today's conservation problems. The guiding philosophy of all Conservation Districts is that decisions on conservation issues should be made at the local level, by local people, with technical assistance provided by government. In some localities, the local SWCD helps implement the Erosion and Sediment Control laws, Chesapeake Bay Preservation Act, and the Agricultural Stewardship Act.
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