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).
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