                                 CODE OF VIRGINIA

STANDARDS AND SPECIFICATIONS FOR STATE AGENCIES, FEDERAL ENTITIES, AND OTHER
SPECIFIED ENTITIES (§ 62.1-44.15:31)

A. As an alternative to submitting soil erosion control and stormwater
management plans for its land-disturbing activities pursuant to &#xA7;
62.1-44.15:34, the Virginia Department of Transportation shall, and any other
state agency or federal entity may, submit standards and specifications for its
conduct of land-disturbing activities for Department of Environmental Quality
approval. Approved standards and specifications shall be consistent with this
article. The Department of Environmental Quality shall have 60 days after
receipt in which to act on any standards and specifications submitted or
resubmitted to it for approval.

B. As an alternative to submitting soil erosion control and stormwater
management plans pursuant to § 62.1-44.15:34, electric, natural gas, and
telephone utility companies, interstate and intrastate natural gas pipeline
companies, railroad companies, and authorities created pursuant to § 15.2-5102
may submit standards and specifications for Department approval that describe
how land-disturbing activities shall be conducted. Such standards and
specifications may be submitted for the following types of projects:

   1. Construction, installation, or maintenance of electric transmission and
   distribution lines, oil or gas transmission and distribution pipelines,
   communication utility lines, and water and sewer lines; and

   2. Construction of the tracks, rights-of-way, bridges, communication
   facilities, and other related structures and facilities of a railroad company.
   				The Department shall have 60 days after receipt in which to act on any
   standards and specifications submitted or resubmitted to it for approval. A
   linear project not included in subdivision 1 or 2, or for which the owner
   chooses not to submit standards and specifications, shall comply with the
   requirements of the VESMP or the VESCP and VSMP, as appropriate, in any
   locality within which the project is located.

C. As an alternative to submitting soil erosion control and stormwater
management plans pursuant to &#xA7; 62.1-44.15:34, any person engaging in more
than one jurisdiction in the creation and operation of a wetland mitigation or
stream restoration bank that has been approved and is operated in accordance
with applicable federal and state guidance, laws, or regulations for the
establishment, use, and operation of (i) a wetlands mitigation or stream
restoration bank, pursuant to a mitigation banking instrument signed by the
Department, the Marine Resources Commission, or the U.S. Army Corps of
Engineers, or (ii) a stream restoration project for purposes of reducing
nutrients or sediment entering state waters may submit standards and
specifications for Department approval that describe how land-disturbing
activities shall be conducted. The Department shall have 60 days after receipt
in which to act on standards and specifications submitted to it or resubmitted
to it for approval.

D. All standards and specifications submitted to the Department shall be
periodically updated according to a schedule to be established by the Department
and shall be consistent with the requirements of this article. Approval of
standards and specifications by the Department does not relieve the owner or
operator of the duty to comply with any other applicable local ordinances or
regulations. Standards and specifications shall include:

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

   2. Provisions for the long-term responsibility and maintenance of any
   stormwater management control devices and other techniques specified to manage
   the quantity and quality of runoff;

   3. Provisions for administration of the standards and specifications program,
   project-specific plan design, plan review and plan approval, and construction
   inspection and compliance;

   4. Provisions for ensuring that personnel and contractors assisting the owner
   in carrying out the land-disturbing activity obtain training or qualifications
   for soil erosion control and stormwater management as set forth in regulations
   adopted pursuant to this article;

   5. Provisions for ensuring that personnel implementing approved standards and
   specifications pursuant to this section obtain certifications or
   qualifications comparable to those required for VESMP personnel pursuant to
   subsection C of &#xA7; 62.1-44.15:30;

   6. Implementation of a project tracking system that ensures notification to
   the Department of all land-disturbing activities covered under this article;
   and

   7. Requirements for documenting onsite changes as they occur to ensure
   compliance with the requirements of this article.

E. The Department shall perform random site inspections or inspections in
response to a complaint to ensure compliance with this article and regulations
adopted thereunder.

F. The Department shall assess an administrative charge to cover the costs of
services rendered associated with its responsibilities pursuant to this section,
including standards and specifications review and approval, project inspections,
and compliance. The Board may take enforcement actions in accordance with this
article and related regulations.

HISTORY: 1989, cc. 467, 499, § 10.1-603.5; 2004, c. 372; 2012, cc. 785, 819;
2013, cc. 756, 793; 2016, cc. 68, 758; 2018, c. 627.