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, orconstruction activity involving soil movement or land disturbance unless theagency has submitted a permit application for the land-disturbing activityand the application has been reviewed and approved and a stormwater permitissued by the Department. State agencies may submit a single permitapplication containing stormwater management standards and specifications forall land disturbing activities conducted under the requirements of thisarticle. State agency stormwater management standards and specificationsshall include, but are not limited to:

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

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

3. Provisions for erosion and sediment control and stormwater managementprogram administration, plan design, review and approval, and constructioninspection and enforcement;

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

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

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

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

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

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

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

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