Protecting the environment through smart solar choices

Category: Environmental damage (Page 3 of 9)

Construction sites & stormwater runoff

All construction sites fall under strict erosion and stormwater rules, especially in Virginia’s Chesapeake Bay Protection Area. Any site bigger than 1 acre is defined by the EPA as an industrial construction site. This includes all utility-scale solar projects in Virginia.

Virginia’s Department of Environmental Quality (DEQ) has published an Erosion and Sediment Control Handbook (both online and in hard copy). The Handbook covers in detail the measures it expects to see on all industrial construction sites. This includes stream bank stabilization measures, sediment traps, safety fences, construction road stabilization measures, and dust control, among many others.

According to Chapter 1 of the Handbook, “major problems can occur when large amounts of sediment enter [Virginia’s] waterways. This accelerated erosion is most often caused by (…) construction sites, urban/suburban stream banks, and logging roads.”

According to the Handbook, “the typical construction site erodes at a rate of up to 100,000 tons per square mile per year. This rate is 200 times greater than erosion from cropland and 2,000 times greater than erosion from woodland.”

What this means is that the construction of a utility-scale solar project will produce 200 times MORE stormwater runoff than agricultural land. And it will produce 2,000 times MORE runoff than land that is forested.

This is why it is so important to strictly regulate and control proper water management on all utility-scale solar projects. This ensures that neighboring properties are not flooded and that streams and rivers are not filled with sediment during periods of heavy rain.

All industrial construction sites must be inspected within 48 hours of a significant rain event to verify that stormwater overflow has been contained and that no erosion has taken place. (See the key points from a video webinar on stormwater, erosion, and sediment control at construction sites by a Virginia Beach legal firm.)

One of the main concerns of the Chesapeake Bay Foundation is sedimentation in the Bay from its watersheds, such as the James, Potomac, and Shenandoah Rivers. Sedimentation settles on the bottom, killing bottom-dwelling animals and fish, and choking off sun from the water plants that provide nutrients.

See also:

Federal & state stormwater laws

This webinar was produced by a Virginia law firm specializing in laws and regulations related to water and waterways. This educational and informative video covers stormwater, erosion, and sediment control regulations at industrial construction sites, particularly those affecting the Chesapeake Bay protection areas, and addresses the penalties involved.

Key points include:

  • Industrial construction sites are defined by the federal Environmental Protection Agency (EPA) as any site that is one acre or larger. This includes all utility-scale solar projects.
  • Construction sites are regulated by Virginia’s Erosion and Sediment Control Law, which aims to prevent sediment from migrating into Virginia’s waterways.
  • Sites are also regulated by the Virginia Stormwater Management Act, which was enacted to reduce flooding.
  • Outside the Chesapeake Bay Preservation Area, these two laws apply to all sites that are one-quarter acre or larger; within the Preservation Area, they apply to all sites that are 2,500 square feet or larger (0.06 acre).
  • Erosion and Sediment Control Plans, Stormwater Management Plans, and Pollution Prevention Plans must be submitted for all construction sites.
  • Common problems include developers who do not modify their plans when problems are encountered; who fail to properly control erosion and stormwater according to their approved plans; who fail to keep a log of all grading and stabilization activities on the site; and who fail to document changes to their plans.
  • Neighboring property owners can seek an injunction to stop work at the site if their property is being damaged, according to Virginia Code §62.1-44.15:63(c).

Other videos:

See also:

Videos

These videos are helpful resources in understanding more about the risks of large-scale solar and how to reduce or prevent them.

How Virginia farmers claim Dominion is destroying their properties: Residents on properties next to the large Belcher Solar project in Louisa County found their land being flooded each time it rained.

Federal & state stormwater regulations: This very informative 35-minute video produced by a Virginia Beach law firm covers the federal and (especially) state laws and regulations governing all industrial construction sites, which are defined as any site of one acre or larger.

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