Everything You Need to Know about the Virginia SWPPP and NPDES Permit Requirements
- joeyruse
- Jan 30
- 3 min read
Compliance with stormwater regulations is critical for protecting Virginia's water bodies, particularly given the state’s proximity to the Chesapeake Bay. In Virginia, this involves adhering to the Virginia Department of Environmental Quality (DEQ) Construction General Permit for Stormwater Discharges (CGP) requirements and developing a site-specific Stormwater Pollution Prevention Plan (SWPPP). This article provides an overview of SWPPP requirements, permit compliance, and the steps for submitting a Registration Statement with the Virginia DEQ or local governing Virginia Erosion and Stormwater Management Program (VESMP).
What is a Stormwater Pollution Prevention Plan (SWPPP)?
A SWPPP is a document designed to prevent pollutants from contaminating stormwater runoff. It includes specific strategies tailored to a site’s activities and layout. Its goal is to reduce the environmental impact of construction activities by controlling sediment, erosion, and other pollutants.
Who Needs a SWPPP in Virginia?
Construction activities that disturb one acre or more of land in Virginia are required to develop a SWPPP as part of obtaining CGP permit coverage. This also applies to smaller sites that are part of a larger common plan of development that cumulatively disturb an acre or more. For disturbances under one acre, SWPPP and permit coverage are typically unnecessary unless specified otherwise.
Key Components of a SWPPP
Virginia requires that SWPPPs include the following elements:
Site Description:
Location and size of the project.
Description of the type of construction activities.
Identification of potential pollutants expected to remain onsite.
Erosion and Sediment Controls:
Outlines sediment and erosion prevention measures like silt fences, inlet protection barriers, erosion control logs, or sediment traps. These measures should be included in both narrative form and detailed maps of the site.
Good Housekeeping Practices:
Proper procedures for waste management, material storage, and spill prevention to reduce the likelihood of pollutants leaving the construction site.
Inspections and Maintenance:
Routine inspections must occur at least once every 7 days or within 48 hours of a 0.25-inch or more rain event.
Scheduled maintenance to ensure proper functionality of stormwater control measures.
Record Keeping:
Logs of inspections, corrective actions, subcontractor authorizations, grading and soil stabilizing activities, spill response, and any updates made to the SWPPP during the project’s lifecycle.
Construction General Permit Requirements in Virginia
The CGP (VAR10), issued by the Virginia DEQ, regulates stormwater discharges from construction activities. To comply, operators must:
Prepare a SWPPP before submitting a Registration Statement.
Submit a Registration Statement to the Virginia DEQ or local VESMP authority to request coverage under the CGP.
Implement the SWPPP onsite, following all outlined practices and controls.
Conduct Routine Inspections and document findings per state regulations.
Submit a Notice of Termination (NOT) after completing construction and achieving final stabilization of the site.
Understanding the Notice of Intent (NOI)
Submitting a Registration Statement is the first formal step in obtaining permit coverage in Virginia. The process includes:
Filling Out the Registration Statement Form:
Includes project details such as location, timeline, and responsible parties.
Submitting the NOI:
Applications are to be submitted by mail-in to the VA DEQ, or in cases where a local municipality is the governing body, the VESMP authority for the project area.
Paying the Required Fee:
Fees are determined by the size of the land disturbance and vary by locality.
Receiving Confirmation of Coverage:
Permit coverage is typically issued within 7–10 business days once the application is complete and approved.
Compliance and Enforcement
Non-compliance with SWPPP or CGP requirements can lead to penalties, including fines and/or stop-work orders. To prevent these issues, the Virginia DEQ and local VESMP authorities perform audits and site inspections to ensure adherence to permit standards.
Final Thoughts
Maintaining compliance with Virginia’s stormwater regulations is key to protecting local waterways and avoiding project delays. A comprehensive SWPPP, timely Registration Statement submission, and consistent recordkeeping can streamline the process and reduce risks for your project.
Not sure if your project meets all requirements? Contact the experienced team at Eco Permit Pros to ensure your SWPPP and permitting needs are fully covered!
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