A. Notwithstanding any other provision of this article, the Board, when administering a VSMP or VESMP pursuant to Article 2.3 (§ 62.1-44.15:24 et seq.), may choose to accept a set of plans and supporting calculations for any land-disturbing activity determined to be de minimis using a risk-based approach established by the Board.

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Terms Used In Virginia Code 62.1-44.15:27.4

  • Board: means the State Water Control Board. See Virginia Code 62.1-44.3
  • land-disturbing activity: means a man-made change to the land surface that may result in soil erosion or has the potential to change its runoff characteristics, including construction activity such as the clearing, grading, excavating, or filling of land. See Virginia Code 62.1-44.15:24
  • plan: means a document describing methods for controlling soil erosion and managing stormwater in accordance with the requirements adopted pursuant to this article. See Virginia Code 62.1-44.15:24
  • VESMP: means a program established by a VESMP authority for the effective control of soil erosion and sediment deposition and the management of the quality and quantity of runoff resulting from land-disturbing activities to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources. See Virginia Code 62.1-44.15:24
  • VSMP: means a program established by the Board pursuant to § Virginia Code 62.1-44.15:24

B. The Board is authorized to accept such plans and supporting calculations in satisfaction of the requirement of this article that it retain a certified plan reviewer or conduct a plan review. This section shall not excuse any applicable performance bond requirement pursuant to § 62.1-44.15:34 or § 62.1-44.15:57.

2020, c. 812.

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