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Question 1 of 30
1. Question
Consider a new commercial development project in Fairfax County, Virginia, that involves clearing and grading 1.5 acres of land. What is the primary regulatory mechanism under Virginia law that mandates the implementation of measures to manage stormwater runoff and prevent pollution from this specific activity?
Correct
The Virginia Stormwater Management Program (VSMP) is administered by the Virginia Department of Environmental Quality (DEQ) and local stormwater authorities. A key component of this program is the requirement for regulated land-disturbing activities to obtain a Virginia Stormwater Management Permit (VSMP Permit) if the activity disturbs one or more acres of land or is part of a larger common plan of development or sale that disturbs one or more acres. This permit ensures that measures are in place to manage stormwater runoff and prevent pollution. The Virginia Stormwater Management Handbook provides guidance on best management practices (BMPs) for stormwater control. When a permit is issued, it typically includes conditions related to the design, installation, and maintenance of stormwater management facilities. Failure to comply with these permit conditions can result in enforcement actions by the DEQ. The question asks about the primary regulatory mechanism for controlling stormwater runoff from regulated land-disturbing activities in Virginia. The VSMP Permit is the direct mechanism established by Virginia law and regulations to achieve this control for qualifying projects. Other options, while related to environmental protection, do not serve as the primary regulatory tool for this specific purpose. For instance, the Virginia Water Pollution Control Board sets water quality standards, but the permit is the operational tool for implementing those standards at the project level. The Chesapeake Bay Preservation Act addresses nutrient and sediment pollution, often involving stormwater management, but the VSMP Permit is the overarching regulatory instrument for land-disturbing activities under the Stormwater Management Act. The Clean Water Act is federal legislation that underpins state programs like Virginia’s, but the question specifically asks about the mechanism within Virginia.
Incorrect
The Virginia Stormwater Management Program (VSMP) is administered by the Virginia Department of Environmental Quality (DEQ) and local stormwater authorities. A key component of this program is the requirement for regulated land-disturbing activities to obtain a Virginia Stormwater Management Permit (VSMP Permit) if the activity disturbs one or more acres of land or is part of a larger common plan of development or sale that disturbs one or more acres. This permit ensures that measures are in place to manage stormwater runoff and prevent pollution. The Virginia Stormwater Management Handbook provides guidance on best management practices (BMPs) for stormwater control. When a permit is issued, it typically includes conditions related to the design, installation, and maintenance of stormwater management facilities. Failure to comply with these permit conditions can result in enforcement actions by the DEQ. The question asks about the primary regulatory mechanism for controlling stormwater runoff from regulated land-disturbing activities in Virginia. The VSMP Permit is the direct mechanism established by Virginia law and regulations to achieve this control for qualifying projects. Other options, while related to environmental protection, do not serve as the primary regulatory tool for this specific purpose. For instance, the Virginia Water Pollution Control Board sets water quality standards, but the permit is the operational tool for implementing those standards at the project level. The Chesapeake Bay Preservation Act addresses nutrient and sediment pollution, often involving stormwater management, but the VSMP Permit is the overarching regulatory instrument for land-disturbing activities under the Stormwater Management Act. The Clean Water Act is federal legislation that underpins state programs like Virginia’s, but the question specifically asks about the mechanism within Virginia.
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Question 2 of 30
2. Question
A developer in Fairfax County, Virginia, plans to construct a new commercial complex that will involve disturbing 3,000 square feet of existing vegetated land and creating 2,200 square feet of impervious surface area. The proposed project is subject to Virginia’s stormwater management regulations. Considering the threshold requirements for land-disturbing activities under the Virginia Stormwater Management Act and its associated regulations, what is the most accurate characterization of the developer’s obligation regarding stormwater management for this project?
Correct
The Virginia Stormwater Management Act (VSMA), codified in Chapter 20 of Title 62.1 of the Code of Virginia, establishes a framework for managing stormwater runoff to protect water quality and reduce flooding. The Act mandates that any land-disturbing activity that results in the creation or expansion of 2,000 square feet or more of impervious surface area, or any land-disturbing activity that disturbs 2,500 square feet or more of total land area, must comply with its provisions. These provisions include the development and implementation of a Stormwater Pollution Prevention Plan (SWPPP) and the use of Best Management Practices (BMPs) to control the quantity and improve the quality of stormwater runoff. The VSMA also grants authority to the State Water Control Board to promulgate regulations, which are found in the Virginia Stormwater Management Program (VSMP) regulations (9 VAC 25-870-10 et seq.). These regulations detail specific requirements for stormwater management, including design standards for stormwater management facilities, criteria for the selection and use of BMPs, and enforcement mechanisms. Local governments are typically authorized to administer and enforce the VSMP, often through a local stormwater management ordinance that must be at least as stringent as the state regulations. Failure to comply can result in enforcement actions, including civil penalties.
Incorrect
The Virginia Stormwater Management Act (VSMA), codified in Chapter 20 of Title 62.1 of the Code of Virginia, establishes a framework for managing stormwater runoff to protect water quality and reduce flooding. The Act mandates that any land-disturbing activity that results in the creation or expansion of 2,000 square feet or more of impervious surface area, or any land-disturbing activity that disturbs 2,500 square feet or more of total land area, must comply with its provisions. These provisions include the development and implementation of a Stormwater Pollution Prevention Plan (SWPPP) and the use of Best Management Practices (BMPs) to control the quantity and improve the quality of stormwater runoff. The VSMA also grants authority to the State Water Control Board to promulgate regulations, which are found in the Virginia Stormwater Management Program (VSMP) regulations (9 VAC 25-870-10 et seq.). These regulations detail specific requirements for stormwater management, including design standards for stormwater management facilities, criteria for the selection and use of BMPs, and enforcement mechanisms. Local governments are typically authorized to administer and enforce the VSMP, often through a local stormwater management ordinance that must be at least as stringent as the state regulations. Failure to comply can result in enforcement actions, including civil penalties.
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Question 3 of 30
3. Question
A construction company, “Riverbend Builders,” plans a new residential development project in Fairfax County, Virginia. The initial phase of the project involves clearing and grading 0.75 acres of land. However, the entire development, encompassing multiple phases, is projected to disturb a total of 1.5 acres. According to Virginia’s Stormwater Management Program regulations, what is the primary trigger that necessitates Riverbend Builders obtaining a Virginia Stormwater Management Permit (VSMP Permit) for this development?
Correct
The Virginia Stormwater Management Program (VSMP) is a comprehensive regulatory framework designed to manage stormwater runoff and its impacts on water quality and quantity. Under the Virginia Stormwater Management Act, localities are responsible for implementing and enforcing stormwater management plans. A key component of this program is the requirement for developers to obtain a Virginia Stormwater Management Permit (VSMP Permit) for land-disturbing activities that meet certain thresholds. These thresholds are generally based on the acreage of the land-disturbing activity. Specifically, a permit is typically required for any land-disturbing activity that will disturb one or more acres of land or will disturb less than one acre of land but is part of a larger common plan or sale that will ultimately disturb one or more acres of land. This threshold is a critical trigger for regulatory oversight. The purpose of the permit is to ensure that stormwater runoff is managed in a way that minimizes pollution and erosion, and prevents flooding. This involves the development and implementation of a stormwater pollution prevention plan (SWPPP) that details the best management practices (BMPs) that will be used to control stormwater. The VSMP also includes provisions for inspection and maintenance of stormwater management facilities. The question probes the understanding of the threshold for permit applicability, which is a fundamental aspect of compliance for development projects in Virginia.
Incorrect
The Virginia Stormwater Management Program (VSMP) is a comprehensive regulatory framework designed to manage stormwater runoff and its impacts on water quality and quantity. Under the Virginia Stormwater Management Act, localities are responsible for implementing and enforcing stormwater management plans. A key component of this program is the requirement for developers to obtain a Virginia Stormwater Management Permit (VSMP Permit) for land-disturbing activities that meet certain thresholds. These thresholds are generally based on the acreage of the land-disturbing activity. Specifically, a permit is typically required for any land-disturbing activity that will disturb one or more acres of land or will disturb less than one acre of land but is part of a larger common plan or sale that will ultimately disturb one or more acres of land. This threshold is a critical trigger for regulatory oversight. The purpose of the permit is to ensure that stormwater runoff is managed in a way that minimizes pollution and erosion, and prevents flooding. This involves the development and implementation of a stormwater pollution prevention plan (SWPPP) that details the best management practices (BMPs) that will be used to control stormwater. The VSMP also includes provisions for inspection and maintenance of stormwater management facilities. The question probes the understanding of the threshold for permit applicability, which is a fundamental aspect of compliance for development projects in Virginia.
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Question 4 of 30
4. Question
A developer plans to undertake a project involving land disturbance across a 1.5-acre parcel within the Commonwealth of Virginia. The project involves clearing, grading, and excavation activities. Which of the following accurately describes the primary regulatory requirement concerning stormwater management for this specific activity under Virginia environmental law?
Correct
The Virginia Stormwater Management Program (VSMP) is administered by the Virginia Department of Environmental Quality (DEQ) and local stormwater authorities. The Virginia Stormwater Management Act, codified in the Code of Virginia, establishes the framework for managing stormwater runoff to protect water quality and prevent flooding. Key to this program is the requirement for stormwater pollution prevention plans (SWPPPs) for regulated land-disturbing activities. A SWPPP is a site-specific document that outlines the methods and practices a permittee will use to control stormwater pollution from construction sites. The Virginia Stormwater Management Regulations, found in the Virginia Administrative Code, further detail the requirements for SWPPPs, including their content, submission, and approval processes. These regulations often specify that a SWPPP must be developed and implemented by a qualified individual, and it must address various aspects of stormwater management, such as erosion and sediment control, post-construction stormwater management, and the use of best management practices (BMPs). The regulations also define the threshold for when a SWPPP is required, typically based on the acreage of land disturbance. For instance, land-disturbing activities of one acre or more generally trigger the SWPPP requirement under the federal Clean Water Act’s National Pollutant Discharge Elimination System (NPDES) program, which Virginia implements through its own state program. Therefore, for a land-disturbing activity of 1.5 acres in Virginia, a SWPPP is mandatory under the VSMP regulations.
Incorrect
The Virginia Stormwater Management Program (VSMP) is administered by the Virginia Department of Environmental Quality (DEQ) and local stormwater authorities. The Virginia Stormwater Management Act, codified in the Code of Virginia, establishes the framework for managing stormwater runoff to protect water quality and prevent flooding. Key to this program is the requirement for stormwater pollution prevention plans (SWPPPs) for regulated land-disturbing activities. A SWPPP is a site-specific document that outlines the methods and practices a permittee will use to control stormwater pollution from construction sites. The Virginia Stormwater Management Regulations, found in the Virginia Administrative Code, further detail the requirements for SWPPPs, including their content, submission, and approval processes. These regulations often specify that a SWPPP must be developed and implemented by a qualified individual, and it must address various aspects of stormwater management, such as erosion and sediment control, post-construction stormwater management, and the use of best management practices (BMPs). The regulations also define the threshold for when a SWPPP is required, typically based on the acreage of land disturbance. For instance, land-disturbing activities of one acre or more generally trigger the SWPPP requirement under the federal Clean Water Act’s National Pollutant Discharge Elimination System (NPDES) program, which Virginia implements through its own state program. Therefore, for a land-disturbing activity of 1.5 acres in Virginia, a SWPPP is mandatory under the VSMP regulations.
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Question 5 of 30
5. Question
A developer plans a new commercial complex in Fairfax County, Virginia, that will involve disturbing approximately 1.5 acres of land. The project includes extensive paving and building construction. According to Virginia environmental law, what is the primary regulatory requirement the developer must fulfill before commencing land-disturbing activities to manage stormwater runoff and prevent pollution?
Correct
The Virginia Stormwater Management Act (VSMA), codified in Chapter 20 of Title 62.1 of the Code of Virginia, establishes a comprehensive framework for managing stormwater runoff and its impacts on water quality and infrastructure. The Act mandates that all localities in Virginia develop and implement stormwater management programs that meet or exceed state standards. A key component of these programs is the requirement for land developers to prepare and submit stormwater pollution prevention plans (SWPPPs) for projects that disturb one or more acres of land. These plans must detail measures to control stormwater runoff and prevent the discharge of pollutants. Virginia’s stormwater regulations, found in the Virginia Stormwater Management Program (VSMP) Manual, specify design criteria and performance standards for stormwater management facilities. Localities are authorized to issue VSMP permits, which are essential for commencing land-disturbing activities. Enforcement of these regulations can involve various mechanisms, including the issuance of notices of violation, administrative orders, and civil penalties, as outlined in the VSMA and associated regulations. The VSMA aims to protect the Commonwealth’s waters by ensuring that development practices minimize the adverse effects of stormwater.
Incorrect
The Virginia Stormwater Management Act (VSMA), codified in Chapter 20 of Title 62.1 of the Code of Virginia, establishes a comprehensive framework for managing stormwater runoff and its impacts on water quality and infrastructure. The Act mandates that all localities in Virginia develop and implement stormwater management programs that meet or exceed state standards. A key component of these programs is the requirement for land developers to prepare and submit stormwater pollution prevention plans (SWPPPs) for projects that disturb one or more acres of land. These plans must detail measures to control stormwater runoff and prevent the discharge of pollutants. Virginia’s stormwater regulations, found in the Virginia Stormwater Management Program (VSMP) Manual, specify design criteria and performance standards for stormwater management facilities. Localities are authorized to issue VSMP permits, which are essential for commencing land-disturbing activities. Enforcement of these regulations can involve various mechanisms, including the issuance of notices of violation, administrative orders, and civil penalties, as outlined in the VSMA and associated regulations. The VSMA aims to protect the Commonwealth’s waters by ensuring that development practices minimize the adverse effects of stormwater.
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Question 6 of 30
6. Question
A developer plans to construct a new commercial complex in Fairfax County, Virginia. The initial phase involves clearing and grading approximately 0.75 acres for a parking lot. The developer intends to expand the complex in subsequent phases, ultimately disturbing a total of 1.5 acres of land over a five-year period, with each phase being a distinct part of a common plan of development. Under Virginia’s Stormwater Management Program regulations, what is the primary trigger for requiring a Stormwater Pollution Prevention Plan (SWPPP) for this project?
Correct
The Virginia Stormwater Management Program (VSMP) regulations, particularly those found in the Virginia Stormwater Management Act (VSMA) and associated regulations like 4VAC50-60, establish requirements for managing stormwater runoff. When a new development project is proposed in Virginia that disturbs land, a stormwater pollution prevention plan (SWPPP) is typically required. The threshold for requiring a SWPPP under the VSMP is generally the disturbance of one or more acres of land. However, for certain types of projects, even smaller areas can trigger requirements if they are part of a larger common plan of development or sale that ultimately disturbs one or more acres. The purpose of the SWPPP is to identify potential sources of pollution and outline best management practices (BMPs) to control stormwater runoff and prevent pollution from entering state waters. This includes measures for erosion and sediment control during construction and post-construction stormwater management to address runoff quantity and quality. The Virginia Department of Environmental Quality (DEQ) oversees the implementation and enforcement of these regulations, often through delegated authority to local governments.
Incorrect
The Virginia Stormwater Management Program (VSMP) regulations, particularly those found in the Virginia Stormwater Management Act (VSMA) and associated regulations like 4VAC50-60, establish requirements for managing stormwater runoff. When a new development project is proposed in Virginia that disturbs land, a stormwater pollution prevention plan (SWPPP) is typically required. The threshold for requiring a SWPPP under the VSMP is generally the disturbance of one or more acres of land. However, for certain types of projects, even smaller areas can trigger requirements if they are part of a larger common plan of development or sale that ultimately disturbs one or more acres. The purpose of the SWPPP is to identify potential sources of pollution and outline best management practices (BMPs) to control stormwater runoff and prevent pollution from entering state waters. This includes measures for erosion and sediment control during construction and post-construction stormwater management to address runoff quantity and quality. The Virginia Department of Environmental Quality (DEQ) oversees the implementation and enforcement of these regulations, often through delegated authority to local governments.
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Question 7 of 30
7. Question
A developer plans a new commercial site in Fairfax County, Virginia, involving extensive grading and landscaping. The initial phase of the project includes clearing and grubbing, followed by the installation of a new parking lot and associated drainage infrastructure. The total area designated for this initial phase of land disturbance is 2,499 square feet. Under the Virginia Stormwater Management Act (VSMA), what is the regulatory implication for this specific phase of the project concerning the mandatory submission of a Stormwater Pollution Prevention Plan (SWPPP)?
Correct
The Virginia Stormwater Management Act (VSMA), codified in Chapter 20 of Title 62.1 of the Code of Virginia, establishes a comprehensive framework for managing stormwater runoff to protect water quality and mitigate flooding. A key component of this act is the requirement for stormwater management plans for land-disturbing activities that meet certain thresholds. Specifically, Virginia Administrative Code (VAC) 4VAC50-60-110 outlines the criteria for when a stormwater pollution prevention plan (SWPPP) is required. For land-disturbing activities, a SWPPP is generally required if the activity will disturb an area of 2,500 square feet or more. This threshold is a critical determinant for regulatory compliance. Therefore, a project disturbing 2,499 square feet would not trigger the requirement for a VSMA-compliant SWPPP. The VSMA aims to control nonpoint source pollution and erosion and sediment control, with specific thresholds dictating the applicability of its provisions. The intent is to capture a significant portion of potential pollutant-generating activities while avoiding overly burdensome regulations on minor land disturbances.
Incorrect
The Virginia Stormwater Management Act (VSMA), codified in Chapter 20 of Title 62.1 of the Code of Virginia, establishes a comprehensive framework for managing stormwater runoff to protect water quality and mitigate flooding. A key component of this act is the requirement for stormwater management plans for land-disturbing activities that meet certain thresholds. Specifically, Virginia Administrative Code (VAC) 4VAC50-60-110 outlines the criteria for when a stormwater pollution prevention plan (SWPPP) is required. For land-disturbing activities, a SWPPP is generally required if the activity will disturb an area of 2,500 square feet or more. This threshold is a critical determinant for regulatory compliance. Therefore, a project disturbing 2,499 square feet would not trigger the requirement for a VSMA-compliant SWPPP. The VSMA aims to control nonpoint source pollution and erosion and sediment control, with specific thresholds dictating the applicability of its provisions. The intent is to capture a significant portion of potential pollutant-generating activities while avoiding overly burdensome regulations on minor land disturbances.
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Question 8 of 30
8. Question
A developer is planning a significant residential subdivision in Fairfax County, Virginia, involving extensive land disturbance. The proposed development’s stormwater management plan meets the minimum requirements outlined by the Virginia Stormwater Management Program (VSMP) regulations. However, Fairfax County has adopted a local stormwater management ordinance that imposes more stringent water quality treatment standards and requires a longer post-construction monitoring period for all new developments. What is the legal standing of Fairfax County’s ordinance in relation to the Virginia Stormwater Management Act for this development?
Correct
The Virginia Stormwater Management Act (VSMA), codified in Chapter 13.1 of Title 62.1 of the Code of Virginia, establishes a framework for managing stormwater runoff to protect water quality and prevent flooding. A key component of this act is the requirement for stormwater management plans for land-disturbing activities. When a locality adopts a stormwater management ordinance that is more stringent than the VSMA’s minimum requirements, it is generally permissible under Virginia law. This is because local governments in Virginia possess broad authority to enact ordinances for the health, safety, and welfare of their citizens, which includes environmental protection. The VSMA itself does not preempt local authority to implement stricter standards, but rather sets a baseline. Therefore, a locality can indeed require a more robust stormwater management plan, including potentially more extensive post-construction stormwater management practices or stricter water quality treatment standards, than what is mandated by the state’s minimum requirements, provided these local ordinances are consistent with state law and do not create an undue burden that is not justified by public health and welfare considerations. The Department of Environmental Quality (DEQ) oversees the implementation of the VSMA, but local governments are the primary implementers of their own stormwater management programs.
Incorrect
The Virginia Stormwater Management Act (VSMA), codified in Chapter 13.1 of Title 62.1 of the Code of Virginia, establishes a framework for managing stormwater runoff to protect water quality and prevent flooding. A key component of this act is the requirement for stormwater management plans for land-disturbing activities. When a locality adopts a stormwater management ordinance that is more stringent than the VSMA’s minimum requirements, it is generally permissible under Virginia law. This is because local governments in Virginia possess broad authority to enact ordinances for the health, safety, and welfare of their citizens, which includes environmental protection. The VSMA itself does not preempt local authority to implement stricter standards, but rather sets a baseline. Therefore, a locality can indeed require a more robust stormwater management plan, including potentially more extensive post-construction stormwater management practices or stricter water quality treatment standards, than what is mandated by the state’s minimum requirements, provided these local ordinances are consistent with state law and do not create an undue burden that is not justified by public health and welfare considerations. The Department of Environmental Quality (DEQ) oversees the implementation of the VSMA, but local governments are the primary implementers of their own stormwater management programs.
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Question 9 of 30
9. Question
A developer is planning a new commercial complex in Fairfax County, Virginia, which will significantly increase impervious surface area. To comply with Virginia’s stormwater management requirements, the developer proposes to install a wet pond as a primary structural Best Management Practice (BMP). According to the Virginia Stormwater Management Act and its associated regulations, what is the general performance standard that the design of this wet pond must meet concerning post-development runoff compared to pre-development conditions for a qualifying storm event?
Correct
The Virginia Stormwater Management Act (VSMA) and its accompanying regulations, found in the Virginia Stormwater Management Program (VSMP) Manual, establish requirements for managing stormwater runoff to protect water quality and mitigate flooding. Specifically, Part II of the VSMP Manual outlines the technical criteria for stormwater management facilities. When a proposed development project in Virginia requires a stormwater pollution prevention plan (SWPPP) and utilizes a structural stormwater control measure, such as a wet pond, the design must adhere to specific performance standards. These standards typically include criteria for pollutant removal, such as Total Suspended Solids (TSS), and for managing runoff volume and peak flow. For a new development, the VSMA generally mandates that the post-development runoff volume and peak flow rates from a qualifying storm event be controlled to be equal to or less than the pre-development runoff volume and peak flow rates. This is often achieved through the use of Best Management Practices (BMPs) designed to infiltrate, detain, or retain stormwater. The intent is to minimize the impact of impervious surfaces and altered landscapes on receiving waters. The specific design criteria for a wet pond, including its water quality volume and extended detention volume, are detailed within the VSMP Manual, ensuring that the facility effectively treats runoff from the site.
Incorrect
The Virginia Stormwater Management Act (VSMA) and its accompanying regulations, found in the Virginia Stormwater Management Program (VSMP) Manual, establish requirements for managing stormwater runoff to protect water quality and mitigate flooding. Specifically, Part II of the VSMP Manual outlines the technical criteria for stormwater management facilities. When a proposed development project in Virginia requires a stormwater pollution prevention plan (SWPPP) and utilizes a structural stormwater control measure, such as a wet pond, the design must adhere to specific performance standards. These standards typically include criteria for pollutant removal, such as Total Suspended Solids (TSS), and for managing runoff volume and peak flow. For a new development, the VSMA generally mandates that the post-development runoff volume and peak flow rates from a qualifying storm event be controlled to be equal to or less than the pre-development runoff volume and peak flow rates. This is often achieved through the use of Best Management Practices (BMPs) designed to infiltrate, detain, or retain stormwater. The intent is to minimize the impact of impervious surfaces and altered landscapes on receiving waters. The specific design criteria for a wet pond, including its water quality volume and extended detention volume, are detailed within the VSMP Manual, ensuring that the facility effectively treats runoff from the site.
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Question 10 of 30
10. Question
A property developer in Fairfax County, Virginia, is planning a new residential subdivision that will significantly increase impervious surface area. The project’s stormwater management plan proposes to discharge treated runoff into a tributary of the Potomac River, a waterway already subject to Total Maximum Daily Load (TMDL) allocations for sediment and nutrients. Under the Virginia Stormwater Management Act (VSMA) and its implementing regulations, what is the primary regulatory obligation for this development concerning post-construction stormwater management to ensure compliance?
Correct
The Virginia Stormwater Management Act (VSMA), codified in Chapter 13.1 of Title 62.1 of the Code of Virginia, establishes the framework for managing stormwater runoff to protect water quality and prevent flooding. The Act mandates that all stormwater management plans submitted for approval must incorporate measures to control runoff volume and rate. Specifically, the VSMA and its accompanying regulations, such as the Virginia Stormwater Management Program (VSMP) regulations (9 VAC 25-870), require the use of stormwater management practices (SWMPs) that achieve certain water quality and quantity objectives. For new development and redevelopment projects, the VSMA requires the implementation of a stormwater pollution prevention plan (SWPPP) that includes post-construction stormwater management. The goal is to minimize the impact of development on water resources. The VSMA emphasizes a tiered approach to stormwater management, starting with land use planning and site design to minimize impervious surfaces, followed by the use of low-impact development (LID) techniques, and finally, the implementation of structural stormwater control measures. The Act also specifies requirements for maintenance of stormwater control facilities and provides for enforcement mechanisms. When considering a project that proposes to discharge stormwater into a state-regulated waterway, compliance with the VSMA and VSMP regulations is paramount. This includes obtaining the necessary permits and adhering to the specified design and performance standards for stormwater control.
Incorrect
The Virginia Stormwater Management Act (VSMA), codified in Chapter 13.1 of Title 62.1 of the Code of Virginia, establishes the framework for managing stormwater runoff to protect water quality and prevent flooding. The Act mandates that all stormwater management plans submitted for approval must incorporate measures to control runoff volume and rate. Specifically, the VSMA and its accompanying regulations, such as the Virginia Stormwater Management Program (VSMP) regulations (9 VAC 25-870), require the use of stormwater management practices (SWMPs) that achieve certain water quality and quantity objectives. For new development and redevelopment projects, the VSMA requires the implementation of a stormwater pollution prevention plan (SWPPP) that includes post-construction stormwater management. The goal is to minimize the impact of development on water resources. The VSMA emphasizes a tiered approach to stormwater management, starting with land use planning and site design to minimize impervious surfaces, followed by the use of low-impact development (LID) techniques, and finally, the implementation of structural stormwater control measures. The Act also specifies requirements for maintenance of stormwater control facilities and provides for enforcement mechanisms. When considering a project that proposes to discharge stormwater into a state-regulated waterway, compliance with the VSMA and VSMP regulations is paramount. This includes obtaining the necessary permits and adhering to the specified design and performance standards for stormwater control.
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Question 11 of 30
11. Question
A developer plans to undertake a project in Fairfax County, Virginia, involving the clearing and grading of 3,000 square feet of land for the construction of a new single-family dwelling. The project will include the installation of a driveway and landscaping. Under the Virginia Stormwater Management Act, what is the minimum requirement regarding stormwater management for this specific land-disturbing activity?
Correct
The Virginia Stormwater Management Act (VSMA), codified in Chapter 13.1 of Title 62.1 of the Code of Virginia, establishes the framework for managing stormwater runoff to protect water quality and prevent flooding. A key component of this act is the requirement for stormwater management plans for land-disturbing activities. Specifically, the VSMA and its associated regulations, such as the Virginia Stormwater Management Program (VSMP) regulations (9 VAC 25-870 et seq.), mandate that any land-disturbing activity of 2,500 square feet or more must have a stormwater pollution prevention plan (SWPPP). This SWPPP details measures to control pollutants in stormwater runoff. The Virginia Department of Environmental Quality (DEQ) oversees the implementation and enforcement of these regulations. The threshold of 2,500 square feet is a critical trigger for requiring a formal SWPPP under Virginia law, distinguishing between minor and regulated land-disturbing activities concerning stormwater management. This requirement is designed to ensure that even smaller-scale developments implement practices to minimize the impact of construction activities on water bodies.
Incorrect
The Virginia Stormwater Management Act (VSMA), codified in Chapter 13.1 of Title 62.1 of the Code of Virginia, establishes the framework for managing stormwater runoff to protect water quality and prevent flooding. A key component of this act is the requirement for stormwater management plans for land-disturbing activities. Specifically, the VSMA and its associated regulations, such as the Virginia Stormwater Management Program (VSMP) regulations (9 VAC 25-870 et seq.), mandate that any land-disturbing activity of 2,500 square feet or more must have a stormwater pollution prevention plan (SWPPP). This SWPPP details measures to control pollutants in stormwater runoff. The Virginia Department of Environmental Quality (DEQ) oversees the implementation and enforcement of these regulations. The threshold of 2,500 square feet is a critical trigger for requiring a formal SWPPP under Virginia law, distinguishing between minor and regulated land-disturbing activities concerning stormwater management. This requirement is designed to ensure that even smaller-scale developments implement practices to minimize the impact of construction activities on water bodies.
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Question 12 of 30
12. Question
A private developer in Fairfax County, Virginia, has constructed a commercial property that includes a stormwater detention pond designed to manage runoff from the site. This pond was permitted under the Virginia Stormwater Management Program (VSMP) regulations during the initial development phase. Subsequently, the local municipality, through its Public Works Department, takes over the responsibility for maintaining this pond to ensure its continued functionality and compliance with state water quality standards. If the Public Works Department undertakes routine dredging and vegetation removal within the pond to prevent siltation and maintain its designed storage volume, which of the following statements accurately reflects the permitting requirements under Virginia environmental law for this specific maintenance activity?
Correct
The Virginia Stormwater Management Act (VSMA) and its associated regulations, primarily found in the Virginia Stormwater Management Program (VSMP) regulations (9VAC25-870), establish requirements for managing stormwater runoff to protect water quality. For land disturbing activities, a Virginia Stormwater Management Program (VSMP) permit is generally required if the activity will disturb one or more acres of land. However, there are exemptions. Specifically, the regulations exempt certain activities from the requirement of a permit, including routine maintenance and repair of existing infrastructure. The maintenance of a pre-existing, functioning stormwater management facility, such as a detention pond, when performed by a state agency, local government, or a designated entity for the purpose of preserving its function, is typically considered exempt from requiring a new VSMP permit for the maintenance activity itself, provided the maintenance does not increase the discharge of pollutants or alter the facility’s design capacity in a way that would require a new permit. The key is that the activity is maintenance of an existing, permitted, or otherwise lawfully established facility, and the maintenance is not a new development or expansion that would trigger new permitting requirements. Therefore, routine maintenance of a lawfully constructed and functioning detention pond by the Virginia Department of Transportation (VDOT) to ensure its continued operational capacity falls under this exemption.
Incorrect
The Virginia Stormwater Management Act (VSMA) and its associated regulations, primarily found in the Virginia Stormwater Management Program (VSMP) regulations (9VAC25-870), establish requirements for managing stormwater runoff to protect water quality. For land disturbing activities, a Virginia Stormwater Management Program (VSMP) permit is generally required if the activity will disturb one or more acres of land. However, there are exemptions. Specifically, the regulations exempt certain activities from the requirement of a permit, including routine maintenance and repair of existing infrastructure. The maintenance of a pre-existing, functioning stormwater management facility, such as a detention pond, when performed by a state agency, local government, or a designated entity for the purpose of preserving its function, is typically considered exempt from requiring a new VSMP permit for the maintenance activity itself, provided the maintenance does not increase the discharge of pollutants or alter the facility’s design capacity in a way that would require a new permit. The key is that the activity is maintenance of an existing, permitted, or otherwise lawfully established facility, and the maintenance is not a new development or expansion that would trigger new permitting requirements. Therefore, routine maintenance of a lawfully constructed and functioning detention pond by the Virginia Department of Transportation (VDOT) to ensure its continued operational capacity falls under this exemption.
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Question 13 of 30
13. Question
A developer in Fairfax County, Virginia, plans a new commercial complex involving significant land disturbance. To comply with state environmental regulations, the developer must implement measures to control the quantity and quality of stormwater runoff generated by the project. Which of the following legal instruments and regulatory frameworks is the primary mechanism through which Virginia mandates and oversees the management of stormwater runoff from such regulated land disturbing activities, ensuring the protection of the Commonwealth’s waters?
Correct
The Virginia Stormwater Management Act (VSMA), codified in the Code of Virginia at §62.1-44.15:24 et seq., establishes a framework for managing stormwater runoff to protect water quality and prevent flooding. A key component of this act is the requirement for Virginia Stormwater Management Program (VSMP) authorities to develop and implement local stormwater management programs. These programs must include provisions for stormwater management plans for land disturbing activities. For regulated land disturbing activities exceeding a certain threshold, a stormwater pollution prevention plan (SWPPP) is typically required. The VSMA, along with associated regulations like the Virginia Stormwater Management Program (VSMP) Permit Regulations (9 VAC 25-870-10 et seq.), mandates that such plans address the control of non-point source pollution. Specifically, the regulations require that the SWPPP be developed in accordance with the Virginia Erosion and Sediment Control Handbook (VESCH) or an equivalent standard, and that it detail measures to manage stormwater runoff from the site. The question asks about the primary regulatory mechanism for controlling stormwater runoff from regulated land disturbing activities in Virginia. The VSMA, through its implementation via the VSMP Permit Regulations, mandates the development and submission of stormwater management plans, which include SWPPPs for relevant projects, to the relevant VSMP authority for review and approval. This ensures that proposed land disturbing activities incorporate measures to manage stormwater runoff and minimize pollution. Therefore, the Virginia Stormwater Management Act, as implemented through its regulations and local programs, is the overarching legal framework.
Incorrect
The Virginia Stormwater Management Act (VSMA), codified in the Code of Virginia at §62.1-44.15:24 et seq., establishes a framework for managing stormwater runoff to protect water quality and prevent flooding. A key component of this act is the requirement for Virginia Stormwater Management Program (VSMP) authorities to develop and implement local stormwater management programs. These programs must include provisions for stormwater management plans for land disturbing activities. For regulated land disturbing activities exceeding a certain threshold, a stormwater pollution prevention plan (SWPPP) is typically required. The VSMA, along with associated regulations like the Virginia Stormwater Management Program (VSMP) Permit Regulations (9 VAC 25-870-10 et seq.), mandates that such plans address the control of non-point source pollution. Specifically, the regulations require that the SWPPP be developed in accordance with the Virginia Erosion and Sediment Control Handbook (VESCH) or an equivalent standard, and that it detail measures to manage stormwater runoff from the site. The question asks about the primary regulatory mechanism for controlling stormwater runoff from regulated land disturbing activities in Virginia. The VSMA, through its implementation via the VSMP Permit Regulations, mandates the development and submission of stormwater management plans, which include SWPPPs for relevant projects, to the relevant VSMP authority for review and approval. This ensures that proposed land disturbing activities incorporate measures to manage stormwater runoff and minimize pollution. Therefore, the Virginia Stormwater Management Act, as implemented through its regulations and local programs, is the overarching legal framework.
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Question 14 of 30
14. Question
Consider a proposed commercial development in Fairfax County, Virginia, that will involve clearing and grading 1.2 acres of previously undeveloped land for the construction of a new retail center. The project plans include extensive impervious surfaces such as parking lots and building footprints. Under the Virginia Stormwater Management Act and its associated regulations, what is the primary regulatory requirement that this development must satisfy regarding stormwater management prior to commencing land-disturbing activities?
Correct
The Virginia Stormwater Management Act (VSMA), codified in the Code of Virginia at § 62.1-44.15:24 et seq., establishes a framework for managing stormwater runoff to protect water quality and prevent flooding. A key component of this act is the requirement for stormwater management plans (SWMPs) for land-disturbing activities. When a proposed development exceeds a certain threshold of land disturbance, a detailed SWMP must be submitted and approved by the relevant Virginia Stormwater Management Program (VSMP) authority. This authority is typically a local government or the Virginia Department of Environmental Quality (DEQ). The VSMA mandates that SWMPs include provisions for post-construction stormwater management, often through the use of Best Management Practices (BMPs). These BMPs are designed to control the volume, rate, and water quality of stormwater runoff. The threshold for requiring a SWMP is generally defined by the amount of land to be disturbed, with specific acreage triggers outlined in the regulations. For example, a land-disturbing activity of one acre or more typically requires a VSMP permit and an approved SWMP. The VSMA also emphasizes the importance of maintaining compliance with the Virginia Stormwater Management Program (VSMP) regulations, which are promulgated by the State Water Control Board. These regulations detail the technical criteria for stormwater management, including design standards for various BMPs and requirements for monitoring and maintenance. Failure to comply with these provisions can result in enforcement actions by the DEQ or the local VSMP authority.
Incorrect
The Virginia Stormwater Management Act (VSMA), codified in the Code of Virginia at § 62.1-44.15:24 et seq., establishes a framework for managing stormwater runoff to protect water quality and prevent flooding. A key component of this act is the requirement for stormwater management plans (SWMPs) for land-disturbing activities. When a proposed development exceeds a certain threshold of land disturbance, a detailed SWMP must be submitted and approved by the relevant Virginia Stormwater Management Program (VSMP) authority. This authority is typically a local government or the Virginia Department of Environmental Quality (DEQ). The VSMA mandates that SWMPs include provisions for post-construction stormwater management, often through the use of Best Management Practices (BMPs). These BMPs are designed to control the volume, rate, and water quality of stormwater runoff. The threshold for requiring a SWMP is generally defined by the amount of land to be disturbed, with specific acreage triggers outlined in the regulations. For example, a land-disturbing activity of one acre or more typically requires a VSMP permit and an approved SWMP. The VSMA also emphasizes the importance of maintaining compliance with the Virginia Stormwater Management Program (VSMP) regulations, which are promulgated by the State Water Control Board. These regulations detail the technical criteria for stormwater management, including design standards for various BMPs and requirements for monitoring and maintenance. Failure to comply with these provisions can result in enforcement actions by the DEQ or the local VSMP authority.
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Question 15 of 30
15. Question
Consider a new commercial development in Fairfax County, Virginia, that will disturb 1.5 acres of land and is situated directly adjacent to the Occoquan River, a waterway officially listed as impaired for nutrient and sediment pollution by the Commonwealth. According to the Virginia Stormwater Management Act and its associated regulations, what is the primary environmental compliance obligation for this development concerning stormwater management?
Correct
The Virginia Stormwater Management Act (VSMA), codified in Chapter 20 of Title 62.1 of the Code of Virginia, establishes the framework for managing stormwater runoff to protect water quality and reduce flooding. A key component of this act is the requirement for land disturbing activities to implement stormwater pollution prevention plans (SWPPPs) and utilize stormwater management facilities. When a proposed development project in Virginia involves land disturbing activities exceeding one acre, and it is adjacent to a state-listed impaired waterway, the VSMA mandates specific stormwater management practices. The Virginia Stormwater Management Program (VSMP) regulations, found in 9 VAC 25-870, detail these requirements. Specifically, for a project impacting over one acre and adjacent to an impaired waterway, the regulations require compliance with both the post-development nutrient and sediment load reduction requirements, as well as the implementation of post-construction stormwater management practices designed to control the volume and rate of runoff. The VSMA, through its implementing regulations, aims to achieve a reduction in pollutants entering state waters. Therefore, a project of this nature must demonstrate compliance with the Total Maximum Daily Load (TMDL) requirements for the specific impaired waterway, which often translates to specific percentage reductions for pollutants like phosphorus and nitrogen, in addition to meeting general stormwater management criteria. The onus is on the applicant to prove that their proposed practices will meet these stringent requirements.
Incorrect
The Virginia Stormwater Management Act (VSMA), codified in Chapter 20 of Title 62.1 of the Code of Virginia, establishes the framework for managing stormwater runoff to protect water quality and reduce flooding. A key component of this act is the requirement for land disturbing activities to implement stormwater pollution prevention plans (SWPPPs) and utilize stormwater management facilities. When a proposed development project in Virginia involves land disturbing activities exceeding one acre, and it is adjacent to a state-listed impaired waterway, the VSMA mandates specific stormwater management practices. The Virginia Stormwater Management Program (VSMP) regulations, found in 9 VAC 25-870, detail these requirements. Specifically, for a project impacting over one acre and adjacent to an impaired waterway, the regulations require compliance with both the post-development nutrient and sediment load reduction requirements, as well as the implementation of post-construction stormwater management practices designed to control the volume and rate of runoff. The VSMA, through its implementing regulations, aims to achieve a reduction in pollutants entering state waters. Therefore, a project of this nature must demonstrate compliance with the Total Maximum Daily Load (TMDL) requirements for the specific impaired waterway, which often translates to specific percentage reductions for pollutants like phosphorus and nitrogen, in addition to meeting general stormwater management criteria. The onus is on the applicant to prove that their proposed practices will meet these stringent requirements.
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Question 16 of 30
16. Question
A developer plans to construct a new retail complex in Fairfax County, Virginia, requiring extensive land disturbance. To comply with Virginia’s environmental regulations concerning surface water quality, what is the most direct and applicable state-level statutory and regulatory framework that governs the development’s stormwater management practices and requires the implementation of a stormwater pollution prevention plan?
Correct
The Virginia Stormwater Management Act (VSMA), codified in Chapter 13.1 of Title 62.1 of the Code of Virginia, establishes the framework for managing stormwater runoff and its impacts on water quality and infrastructure. Virginia’s stormwater program requires that stormwater management plans be developed and implemented to control pollutants and minimize erosion and sedimentation. Local governments in Virginia are responsible for adopting and enforcing stormwater management ordinances that are at least as stringent as the Virginia Stormwater Management Program (VSMP) regulations. These regulations, found in the Virginia Stormwater Management Program Manual (VSWMPM), detail technical criteria for stormwater management facilities and practices. A key aspect of this program is the requirement for a stormwater pollution prevention plan (SWPPP) for regulated activities, which outlines measures to prevent pollutants from entering stormwater. When considering a new commercial development in Fairfax County, Virginia, the primary regulatory driver for stormwater management would be the VSMA and its associated regulations, which mandate the development and implementation of a VSMP. This includes adhering to the technical standards and requirements for stormwater control measures as outlined in the VSWMPM. Local ordinances, while important for enforcement, are built upon the foundation set by the state act and regulations. The Clean Water Act is a federal law that provides the overarching framework for water quality protection, but the specific implementation and requirements for stormwater management for a development in Virginia are directly governed by the VSMA and VSMP regulations.
Incorrect
The Virginia Stormwater Management Act (VSMA), codified in Chapter 13.1 of Title 62.1 of the Code of Virginia, establishes the framework for managing stormwater runoff and its impacts on water quality and infrastructure. Virginia’s stormwater program requires that stormwater management plans be developed and implemented to control pollutants and minimize erosion and sedimentation. Local governments in Virginia are responsible for adopting and enforcing stormwater management ordinances that are at least as stringent as the Virginia Stormwater Management Program (VSMP) regulations. These regulations, found in the Virginia Stormwater Management Program Manual (VSWMPM), detail technical criteria for stormwater management facilities and practices. A key aspect of this program is the requirement for a stormwater pollution prevention plan (SWPPP) for regulated activities, which outlines measures to prevent pollutants from entering stormwater. When considering a new commercial development in Fairfax County, Virginia, the primary regulatory driver for stormwater management would be the VSMA and its associated regulations, which mandate the development and implementation of a VSMP. This includes adhering to the technical standards and requirements for stormwater control measures as outlined in the VSWMPM. Local ordinances, while important for enforcement, are built upon the foundation set by the state act and regulations. The Clean Water Act is a federal law that provides the overarching framework for water quality protection, but the specific implementation and requirements for stormwater management for a development in Virginia are directly governed by the VSMA and VSMP regulations.
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Question 17 of 30
17. Question
A developer plans to commence a significant construction project involving the clearing and grading of 3,000 square feet of undeveloped land in Albemarle County, Virginia, for the purpose of establishing a new commercial enterprise. The project will involve extensive earthmoving operations. Considering the provisions of the Virginia Stormwater Management Act and its associated regulations, what is the primary regulatory requirement that this development must satisfy concerning stormwater management?
Correct
The Virginia Stormwater Management Act (VSMA), codified in Chapter 13.1 of Title 62.1 of the Code of Virginia, establishes the framework for managing stormwater runoff to protect water quality and prevent flooding. A key component of this act is the requirement for stormwater management plans for land-disturbing activities. When a proposed land-disturbing activity, such as the construction of a new industrial park in Fairfax County, Virginia, exceeds a certain threshold of land disturbance, a stormwater pollution prevention plan (SWPPP) is typically required. The VSMA, in conjunction with the Virginia Stormwater Management Program (VSMP) regulations, mandates that these plans address potential pollutant sources and implement control measures. Specifically, the VSMP regulations, found in 4VAC50-60-10 et seq., outline the requirements for SWPPPs, including measures for erosion and sediment control, post-construction stormwater management, and the designation of responsible parties. The determination of whether a specific land-disturbing activity requires a VSMP permit and a SWPPP hinges on criteria such as the acreage of land disturbance and the nature of the proposed activity. For a project exceeding 2,500 square feet of land disturbance, a VSMP permit is generally required, necessitating the development and implementation of a SWPPP. This plan must detail best management practices (BMPs) to minimize the discharge of pollutants into state waters. The VSMA aims to ensure that development in Virginia is conducted in a manner that preserves and protects the Commonwealth’s water resources.
Incorrect
The Virginia Stormwater Management Act (VSMA), codified in Chapter 13.1 of Title 62.1 of the Code of Virginia, establishes the framework for managing stormwater runoff to protect water quality and prevent flooding. A key component of this act is the requirement for stormwater management plans for land-disturbing activities. When a proposed land-disturbing activity, such as the construction of a new industrial park in Fairfax County, Virginia, exceeds a certain threshold of land disturbance, a stormwater pollution prevention plan (SWPPP) is typically required. The VSMA, in conjunction with the Virginia Stormwater Management Program (VSMP) regulations, mandates that these plans address potential pollutant sources and implement control measures. Specifically, the VSMP regulations, found in 4VAC50-60-10 et seq., outline the requirements for SWPPPs, including measures for erosion and sediment control, post-construction stormwater management, and the designation of responsible parties. The determination of whether a specific land-disturbing activity requires a VSMP permit and a SWPPP hinges on criteria such as the acreage of land disturbance and the nature of the proposed activity. For a project exceeding 2,500 square feet of land disturbance, a VSMP permit is generally required, necessitating the development and implementation of a SWPPP. This plan must detail best management practices (BMPs) to minimize the discharge of pollutants into state waters. The VSMA aims to ensure that development in Virginia is conducted in a manner that preserves and protects the Commonwealth’s water resources.
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Question 18 of 30
18. Question
A developer plans to construct a new commercial complex in Loudoun County, Virginia, involving a total land disturbance of 1.5 acres. The project is a standalone development. What is the primary regulatory mechanism under Virginia law that the developer must adhere to for managing stormwater runoff from this site?
Correct
The Virginia Stormwater Management Act (VSMA) and its associated regulations, found in the Virginia Stormwater Management Program (VSMP) manual, govern stormwater runoff quality and quantity. A key component of these regulations is the requirement for land disturbing activities to manage stormwater through the use of Best Management Practices (BMPs). The VSMP permit process requires a Stormwater Pollution Prevention Plan (SWPPP) for most projects. This plan outlines the proposed BMPs, their design, and maintenance. For a project involving land disturbance exceeding one acre, a VSMP permit is generally required, unless an exemption applies. The question centers on the legal and regulatory framework for managing stormwater in Virginia. The VSMA mandates that any person undertaking a land-disturbing activity in Virginia that will disturb one or more acres of land, or is part of a larger common plan of development or sale that disturbs one or more acres of land, must comply with the requirements of the VSMA. This compliance typically involves obtaining a VSMP permit and developing and implementing a SWPPP. The VSMP regulations, promulgated by the Virginia Department of Environmental Quality (DEQ), detail the specific standards for stormwater management, including criteria for the design, installation, and maintenance of stormwater controls. The VSMA aims to protect the Commonwealth’s water resources by preventing pollution and controlling the quantity of stormwater runoff. Therefore, a developer proposing a project that disturbs 1.5 acres of land in Virginia is subject to these requirements.
Incorrect
The Virginia Stormwater Management Act (VSMA) and its associated regulations, found in the Virginia Stormwater Management Program (VSMP) manual, govern stormwater runoff quality and quantity. A key component of these regulations is the requirement for land disturbing activities to manage stormwater through the use of Best Management Practices (BMPs). The VSMP permit process requires a Stormwater Pollution Prevention Plan (SWPPP) for most projects. This plan outlines the proposed BMPs, their design, and maintenance. For a project involving land disturbance exceeding one acre, a VSMP permit is generally required, unless an exemption applies. The question centers on the legal and regulatory framework for managing stormwater in Virginia. The VSMA mandates that any person undertaking a land-disturbing activity in Virginia that will disturb one or more acres of land, or is part of a larger common plan of development or sale that disturbs one or more acres of land, must comply with the requirements of the VSMA. This compliance typically involves obtaining a VSMP permit and developing and implementing a SWPPP. The VSMP regulations, promulgated by the Virginia Department of Environmental Quality (DEQ), detail the specific standards for stormwater management, including criteria for the design, installation, and maintenance of stormwater controls. The VSMA aims to protect the Commonwealth’s water resources by preventing pollution and controlling the quantity of stormwater runoff. Therefore, a developer proposing a project that disturbs 1.5 acres of land in Virginia is subject to these requirements.
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Question 19 of 30
19. Question
A developer plans to construct a new residential community on a 5-acre parcel in Fairfax County, Virginia. The project involves clearing and grading the entire site, which has been undisturbed forest for decades. The proposed development includes extensive impervious surfaces such as roads, driveways, and building footprints. What is the primary regulatory mechanism under Virginia law that governs the management of stormwater runoff generated by this proposed land-disturbing activity, and what type of plan is typically required to demonstrate compliance?
Correct
The Virginia Stormwater Management Act (VSMA), codified in Chapter 13.1 of Title 62.1 of the Code of Virginia, establishes the framework for managing stormwater runoff to protect water quality and prevent flooding. A key component of the VSMA is the requirement for stormwater management plans for land disturbing activities. Virginia Stormwater Management Program (VSMP) regulations, promulgated by the Virginia Department of Environmental Quality (DEQ), detail the specific requirements for these plans, including the design and implementation of stormwater control measures (SCMs). When a property owner in Virginia undertakes a land-disturbing activity exceeding a certain threshold (typically one acre, or less if part of a larger common plan of development or sale that cumulatively disturbs one acre or more), they are generally required to obtain a VSMP permit. This permit necessitates the development and submission of a stormwater pollution prevention plan (SWPPP) or a stormwater management plan (SWMP) that details how stormwater runoff will be managed during and after the construction phase. The plan must incorporate appropriate SCMs to control erosion and sediment, reduce pollutant loads, and manage the volume and rate of stormwater runoff. The Virginia Stormwater Management Handbook provides guidance on the design and selection of SCMs, which can include both structural (e.g., detention ponds, infiltration trenches) and non-structural (e.g., vegetative practices, site design) measures. The effectiveness of these measures is often evaluated based on criteria such as pollutant removal efficiency, runoff reduction capabilities, and peak flow attenuation. Compliance with the VSMA and its associated regulations ensures that development activities minimize adverse impacts on Virginia’s water resources. The DEQ oversees the implementation and enforcement of the VSMA, often through delegated authority to local governments.
Incorrect
The Virginia Stormwater Management Act (VSMA), codified in Chapter 13.1 of Title 62.1 of the Code of Virginia, establishes the framework for managing stormwater runoff to protect water quality and prevent flooding. A key component of the VSMA is the requirement for stormwater management plans for land disturbing activities. Virginia Stormwater Management Program (VSMP) regulations, promulgated by the Virginia Department of Environmental Quality (DEQ), detail the specific requirements for these plans, including the design and implementation of stormwater control measures (SCMs). When a property owner in Virginia undertakes a land-disturbing activity exceeding a certain threshold (typically one acre, or less if part of a larger common plan of development or sale that cumulatively disturbs one acre or more), they are generally required to obtain a VSMP permit. This permit necessitates the development and submission of a stormwater pollution prevention plan (SWPPP) or a stormwater management plan (SWMP) that details how stormwater runoff will be managed during and after the construction phase. The plan must incorporate appropriate SCMs to control erosion and sediment, reduce pollutant loads, and manage the volume and rate of stormwater runoff. The Virginia Stormwater Management Handbook provides guidance on the design and selection of SCMs, which can include both structural (e.g., detention ponds, infiltration trenches) and non-structural (e.g., vegetative practices, site design) measures. The effectiveness of these measures is often evaluated based on criteria such as pollutant removal efficiency, runoff reduction capabilities, and peak flow attenuation. Compliance with the VSMA and its associated regulations ensures that development activities minimize adverse impacts on Virginia’s water resources. The DEQ oversees the implementation and enforcement of the VSMA, often through delegated authority to local governments.
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Question 20 of 30
20. Question
A property owner in Virginia plans to develop a 0.75-acre parcel of land that is adjacent to a 0.5-acre parcel they also own. Both parcels are to be developed as part of a single, integrated commercial complex, with construction beginning simultaneously on both. Under the Virginia Stormwater Management Act, what is the total land disturbance threshold that triggers the requirement for a Virginia Stormwater Management Program (VSMP) permit?
Correct
The Virginia Stormwater Management Act (VSMA), codified in the Code of Virginia at §62.1-44.15:24 et seq., and its associated regulations, Virginia Stormwater Management Program (VSMP) regulations (9VAC25-870), govern stormwater management in the Commonwealth. When a new development or redevelopment project disturbs land, it triggers stormwater management requirements. The threshold for requiring a VSMP permit for land disturbance is generally one acre or more. However, for land that is part of a larger common plan of development or sale, even if disturbed in phases, the total disturbed area is considered. The Virginia Department of Environmental Quality (DEQ) oversees the implementation of these regulations, often through delegated local programs. Compliance involves developing and implementing a Stormwater Pollution Prevention Plan (SWPPP) that details measures to control pollutants in stormwater runoff. These measures can include both land-disturbing practices and post-construction stormwater control measures. The VSMA aims to protect the water quality of Virginia’s water bodies by managing the quantity and quality of stormwater runoff. The initial permit application process involves submitting plans for review and approval by the relevant authority, which is typically the local government or DEQ.
Incorrect
The Virginia Stormwater Management Act (VSMA), codified in the Code of Virginia at §62.1-44.15:24 et seq., and its associated regulations, Virginia Stormwater Management Program (VSMP) regulations (9VAC25-870), govern stormwater management in the Commonwealth. When a new development or redevelopment project disturbs land, it triggers stormwater management requirements. The threshold for requiring a VSMP permit for land disturbance is generally one acre or more. However, for land that is part of a larger common plan of development or sale, even if disturbed in phases, the total disturbed area is considered. The Virginia Department of Environmental Quality (DEQ) oversees the implementation of these regulations, often through delegated local programs. Compliance involves developing and implementing a Stormwater Pollution Prevention Plan (SWPPP) that details measures to control pollutants in stormwater runoff. These measures can include both land-disturbing practices and post-construction stormwater control measures. The VSMA aims to protect the water quality of Virginia’s water bodies by managing the quantity and quality of stormwater runoff. The initial permit application process involves submitting plans for review and approval by the relevant authority, which is typically the local government or DEQ.
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Question 21 of 30
21. Question
Following a routine inspection by the Virginia Department of Environmental Quality (DEQ) in Loudoun County, it was determined that a commercial development project, initiated by Potomac Properties LLC, had failed to implement the required post-construction stormwater management practices as stipulated in their Virginia Stormwater Management Program (VSMP) permit. Specifically, the site lacked the necessary vegetative stabilization and sediment control measures for a significant portion of the disturbed area, leading to observable sediment runoff into a nearby tributary of the Potomac River. Under the Virginia Stormwater Management Act, what is the most appropriate initial enforcement action the DEQ can take against Potomac Properties LLC for this violation?
Correct
The Virginia Stormwater Management Program (VSMP) is governed by the Virginia Stormwater Management Act (VSMA), codified in the Code of Virginia. This Act establishes the framework for managing stormwater runoff to protect water quality and mitigate flooding. The VSMA mandates that landowners implement stormwater management practices to control runoff from their land. Specifically, Virginia Administrative Code (VAC) 4VAC50-60-10 et seq. outlines the detailed requirements for stormwater management, including the development and implementation of Stormwater Pollution Prevention Plans (SWPPPs) for regulated activities. The VSMA also empowers the Virginia Department of Environmental Quality (DEQ) to oversee and enforce these regulations. When a landowner fails to comply with the requirements of the VSMA, such as failing to obtain necessary permits or implement required Best Management Practices (BMPs), the DEQ has the authority to issue enforcement actions. These actions can include civil penalties, injunctions, and orders to cease and desist or to correct the violation. The specific penalties are often determined by the severity of the violation, the duration of non-compliance, and the impact on water quality or public safety. The VSMA aims to promote a proactive approach to stormwater management through planning and implementation of effective controls.
Incorrect
The Virginia Stormwater Management Program (VSMP) is governed by the Virginia Stormwater Management Act (VSMA), codified in the Code of Virginia. This Act establishes the framework for managing stormwater runoff to protect water quality and mitigate flooding. The VSMA mandates that landowners implement stormwater management practices to control runoff from their land. Specifically, Virginia Administrative Code (VAC) 4VAC50-60-10 et seq. outlines the detailed requirements for stormwater management, including the development and implementation of Stormwater Pollution Prevention Plans (SWPPPs) for regulated activities. The VSMA also empowers the Virginia Department of Environmental Quality (DEQ) to oversee and enforce these regulations. When a landowner fails to comply with the requirements of the VSMA, such as failing to obtain necessary permits or implement required Best Management Practices (BMPs), the DEQ has the authority to issue enforcement actions. These actions can include civil penalties, injunctions, and orders to cease and desist or to correct the violation. The specific penalties are often determined by the severity of the violation, the duration of non-compliance, and the impact on water quality or public safety. The VSMA aims to promote a proactive approach to stormwater management through planning and implementation of effective controls.
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Question 22 of 30
22. Question
Consider a scenario in Fairfax County, Virginia, where a developer plans a new residential subdivision that will involve significant land disturbance. The county has an approved Virginia Stormwater Management Program (VSMP) that has been delegated authority by the Department of Environmental Quality. Which of the following statements most accurately describes the primary regulatory pathway for ensuring compliance with stormwater management requirements for this project under Virginia law?
Correct
The Virginia Stormwater Management Act (VSMA), codified in Chapter 20 of Title 62.1 of the Code of Virginia, establishes the framework for managing stormwater runoff to protect water quality and reduce flooding. A key component of the VSMA is the requirement for stormwater management plans for land-disturbing activities. These plans must incorporate principles of erosion and sediment control and, where applicable, post-construction stormwater management. The VSMA delegates significant authority to the State Water Control Board and the Department of Environmental Quality (DEQ) for regulation development and enforcement. Local governments, such as counties, cities, and towns, are authorized to implement and enforce stormwater management programs consistent with state requirements, often through local ordinances. When a locality has an approved VSMP (Virginia Stormwater Management Program) that meets or exceeds state standards, it assumes primary responsibility for stormwater management within its jurisdiction. This includes the issuance of permits, inspections, and enforcement actions. The VSMA also addresses the establishment of stormwater management facilities, their maintenance, and the potential for a local stormwater utility fee to fund these activities. The concept of “responsible land owner” or “person responsible” is central to enforcement, referring to the individual or entity with control over the land or activity causing the stormwater discharge. The VSMA is designed to be a comprehensive approach to managing the impacts of development on water resources throughout the Commonwealth of Virginia.
Incorrect
The Virginia Stormwater Management Act (VSMA), codified in Chapter 20 of Title 62.1 of the Code of Virginia, establishes the framework for managing stormwater runoff to protect water quality and reduce flooding. A key component of the VSMA is the requirement for stormwater management plans for land-disturbing activities. These plans must incorporate principles of erosion and sediment control and, where applicable, post-construction stormwater management. The VSMA delegates significant authority to the State Water Control Board and the Department of Environmental Quality (DEQ) for regulation development and enforcement. Local governments, such as counties, cities, and towns, are authorized to implement and enforce stormwater management programs consistent with state requirements, often through local ordinances. When a locality has an approved VSMP (Virginia Stormwater Management Program) that meets or exceeds state standards, it assumes primary responsibility for stormwater management within its jurisdiction. This includes the issuance of permits, inspections, and enforcement actions. The VSMA also addresses the establishment of stormwater management facilities, their maintenance, and the potential for a local stormwater utility fee to fund these activities. The concept of “responsible land owner” or “person responsible” is central to enforcement, referring to the individual or entity with control over the land or activity causing the stormwater discharge. The VSMA is designed to be a comprehensive approach to managing the impacts of development on water resources throughout the Commonwealth of Virginia.
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Question 23 of 30
23. Question
A developer in Fairfax County, Virginia, plans to construct a new retail complex that will involve clearing and grading approximately 1.5 acres of previously undeveloped land. The project will introduce significant impervious surfaces. Under Virginia environmental law, what is the primary regulatory requirement that this development must address concerning stormwater management?
Correct
The Virginia Stormwater Management Act (VSMA) and its associated regulations, particularly the Virginia Stormwater Management Program (VSMP) regulations (9 VAC 25-870), govern stormwater runoff and its impacts on water quality. A key component of these regulations is the requirement for land disturbing activities exceeding certain thresholds to obtain a VSMP permit. For land disturbing activities that disturb one acre or more, a VSMP permit is generally required. However, the regulations also specify exemptions and different requirements for smaller projects or those with specific land use characteristics. In this scenario, the proposed commercial development involves disturbing 1.5 acres. This acreage exceeds the one-acre threshold that triggers the general requirement for a VSMP permit. Therefore, the project would need to comply with the VSMP regulations, which typically involves developing and implementing a stormwater pollution prevention plan (SWPPP) and potentially obtaining a permit from the Virginia Department of Environmental Quality (DEQ) or a delegated local program. The VSMA aims to protect the Commonwealth’s water resources by managing stormwater runoff to minimize pollutants and erosion.
Incorrect
The Virginia Stormwater Management Act (VSMA) and its associated regulations, particularly the Virginia Stormwater Management Program (VSMP) regulations (9 VAC 25-870), govern stormwater runoff and its impacts on water quality. A key component of these regulations is the requirement for land disturbing activities exceeding certain thresholds to obtain a VSMP permit. For land disturbing activities that disturb one acre or more, a VSMP permit is generally required. However, the regulations also specify exemptions and different requirements for smaller projects or those with specific land use characteristics. In this scenario, the proposed commercial development involves disturbing 1.5 acres. This acreage exceeds the one-acre threshold that triggers the general requirement for a VSMP permit. Therefore, the project would need to comply with the VSMP regulations, which typically involves developing and implementing a stormwater pollution prevention plan (SWPPP) and potentially obtaining a permit from the Virginia Department of Environmental Quality (DEQ) or a delegated local program. The VSMA aims to protect the Commonwealth’s water resources by managing stormwater runoff to minimize pollutants and erosion.
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Question 24 of 30
24. Question
A developer plans a new commercial project in a Virginia county that has not yet obtained VSMP authority from the Virginia Department of Environmental Quality. The project involves clearing and grading approximately 1.5 acres of land. What is the primary regulatory body responsible for reviewing the Stormwater Pollution Prevention Plan (SWPPP) for this project and ensuring compliance with Virginia’s stormwater management regulations?
Correct
The Virginia Stormwater Management Program (VSMP) is administered by the Virginia Department of Environmental Quality (DEQ) and local governments. The Virginia Stormwater Management Act (VSMA) and its associated regulations, found in the Virginia Stormwater Management Program (VSMP) Regulations (9 VAC 25-870), establish requirements for managing stormwater runoff from land-disturbing activities. When a locality has not been granted VSMP authority by the DEQ, the DEQ retains oversight for enforcing these regulations. The VSMP regulations require the development and implementation of a Stormwater Pollution Prevention Plan (SWPPP) for land-disturbing activities exceeding a certain threshold, typically one acre. This plan details measures to control stormwater runoff and prevent pollution. If a locality has not obtained VSMP authority, the DEQ is the entity responsible for reviewing and approving SWPPPs and for enforcing compliance with the VSMP regulations. This includes conducting inspections and taking enforcement actions for violations. Therefore, in the absence of local VSMP authority, the DEQ steps in to fulfill these regulatory responsibilities.
Incorrect
The Virginia Stormwater Management Program (VSMP) is administered by the Virginia Department of Environmental Quality (DEQ) and local governments. The Virginia Stormwater Management Act (VSMA) and its associated regulations, found in the Virginia Stormwater Management Program (VSMP) Regulations (9 VAC 25-870), establish requirements for managing stormwater runoff from land-disturbing activities. When a locality has not been granted VSMP authority by the DEQ, the DEQ retains oversight for enforcing these regulations. The VSMP regulations require the development and implementation of a Stormwater Pollution Prevention Plan (SWPPP) for land-disturbing activities exceeding a certain threshold, typically one acre. This plan details measures to control stormwater runoff and prevent pollution. If a locality has not obtained VSMP authority, the DEQ is the entity responsible for reviewing and approving SWPPPs and for enforcing compliance with the VSMP regulations. This includes conducting inspections and taking enforcement actions for violations. Therefore, in the absence of local VSMP authority, the DEQ steps in to fulfill these regulatory responsibilities.
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Question 25 of 30
25. Question
A developer in Fairfax County, Virginia, plans a new commercial complex involving significant land disturbance. The project requires a comprehensive stormwater management strategy to comply with state and local regulations. The developer proposes to incorporate a wet pond as a primary stormwater control measure (SCM) for post-construction runoff. Considering the Virginia Stormwater Management Act and its implementing regulations, what is the fundamental purpose of requiring such an SCM in this context?
Correct
The Virginia Stormwater Management Act (VSMA) and its associated regulations, codified in the Virginia Stormwater Management Program (VSMP) regulations (9 VAC 25-870 et seq.), establish a framework for managing stormwater runoff to protect water quality and prevent flooding. A key component of this framework is the requirement for stormwater management plans for land-disturbing activities. For a project disturbing 2,500 square feet or more, a VSMP permit is generally required, necessitating a detailed stormwater pollution prevention plan (SWPPP) or equivalent. This plan must address the design and implementation of stormwater management practices (SMPs) to control erosion and sediment during construction and to manage post-construction runoff. The VSMP regulations specify various types of SMPs, including both structural and non-structural measures, and outline criteria for their design, installation, and maintenance. The goal is to achieve compliance with water quality and quantity standards. The specific design criteria for a wet pond, for example, would involve calculations for the required volume of stormwater to be treated, typically based on a percentage of the average annual rainfall or a specific runoff volume from a defined storm event, and considerations for outlet structures, sediment storage, and vegetation. The VSMP regulations provide detailed technical requirements for each type of SMP. Therefore, the proper implementation of a stormwater management plan, including the selection and design of appropriate SMPs like a wet pond, is crucial for compliance with Virginia’s stormwater management program.
Incorrect
The Virginia Stormwater Management Act (VSMA) and its associated regulations, codified in the Virginia Stormwater Management Program (VSMP) regulations (9 VAC 25-870 et seq.), establish a framework for managing stormwater runoff to protect water quality and prevent flooding. A key component of this framework is the requirement for stormwater management plans for land-disturbing activities. For a project disturbing 2,500 square feet or more, a VSMP permit is generally required, necessitating a detailed stormwater pollution prevention plan (SWPPP) or equivalent. This plan must address the design and implementation of stormwater management practices (SMPs) to control erosion and sediment during construction and to manage post-construction runoff. The VSMP regulations specify various types of SMPs, including both structural and non-structural measures, and outline criteria for their design, installation, and maintenance. The goal is to achieve compliance with water quality and quantity standards. The specific design criteria for a wet pond, for example, would involve calculations for the required volume of stormwater to be treated, typically based on a percentage of the average annual rainfall or a specific runoff volume from a defined storm event, and considerations for outlet structures, sediment storage, and vegetation. The VSMP regulations provide detailed technical requirements for each type of SMP. Therefore, the proper implementation of a stormwater management plan, including the selection and design of appropriate SMPs like a wet pond, is crucial for compliance with Virginia’s stormwater management program.
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Question 26 of 30
26. Question
Consider a scenario where a private developer plans to construct a new retail establishment encompassing 2 acres of previously undeveloped land within the jurisdiction of a Virginia locality that operates under a Virginia Stormwater Management Program (VSMP) General Permit for Small Municipal Separate Storm Sewer Systems (MS4s). The development will involve significant land disturbance, including clearing, grading, and the installation of impervious surfaces. Which of the following regulatory requirements would most directly apply to the developer’s activities on this specific site to manage stormwater runoff and prevent pollution during the construction phase, irrespective of the MS4 permit’s scope?
Correct
The Virginia Stormwater Management Act (VSMA) and its associated regulations, particularly the Virginia Stormwater Management Program (VSMP) regulations, establish the framework for managing stormwater runoff in the Commonwealth. A key component of this framework is the requirement for permits for regulated activities that disturb land. The VSMP General Permit for Discharges of Stormwater from Small Municipal Separate Storm Sewer Systems (MS4s) is a critical permit for many localities. However, the VSMA also addresses stormwater management for construction activities. Under the VSMA, a permit is generally required for any land-disturbing activity of one acre or more. This permit, often referred to as a Virginia Stormwater Management Permit (VSMP Permit) or a Construction General Permit (CGP) when issued under the federal Clean Water Act and delegated to Virginia, mandates the development and implementation of a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP details measures to control erosion and sediment, as well as other pollutants, from entering state waters. While MS4 permits regulate discharges from municipal systems, the VSMA also directly regulates land-disturbing activities that may or may not be connected to an MS4, focusing on the prevention of pollution at the source. Therefore, a project involving the construction of a new commercial building on a 2-acre site, which includes clearing, grading, and excavation, would necessitate a VSMP permit for the construction activity itself, regardless of its connection to an MS4 system. The MS4 permit would govern the municipality’s overall management of stormwater, but the direct responsibility for managing stormwater from the construction site lies with the entity conducting the land-disturbing activity.
Incorrect
The Virginia Stormwater Management Act (VSMA) and its associated regulations, particularly the Virginia Stormwater Management Program (VSMP) regulations, establish the framework for managing stormwater runoff in the Commonwealth. A key component of this framework is the requirement for permits for regulated activities that disturb land. The VSMP General Permit for Discharges of Stormwater from Small Municipal Separate Storm Sewer Systems (MS4s) is a critical permit for many localities. However, the VSMA also addresses stormwater management for construction activities. Under the VSMA, a permit is generally required for any land-disturbing activity of one acre or more. This permit, often referred to as a Virginia Stormwater Management Permit (VSMP Permit) or a Construction General Permit (CGP) when issued under the federal Clean Water Act and delegated to Virginia, mandates the development and implementation of a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP details measures to control erosion and sediment, as well as other pollutants, from entering state waters. While MS4 permits regulate discharges from municipal systems, the VSMA also directly regulates land-disturbing activities that may or may not be connected to an MS4, focusing on the prevention of pollution at the source. Therefore, a project involving the construction of a new commercial building on a 2-acre site, which includes clearing, grading, and excavation, would necessitate a VSMP permit for the construction activity itself, regardless of its connection to an MS4 system. The MS4 permit would govern the municipality’s overall management of stormwater, but the direct responsibility for managing stormwater from the construction site lies with the entity conducting the land-disturbing activity.
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Question 27 of 30
27. Question
A developer plans to construct a new commercial complex in Virginia. The project is divided into two phases: Phase I involves disturbing 0.75 acres of land, and Phase II, to be completed two years later, will disturb an additional 0.75 acres. Both phases will occur on contiguous parcels of land owned by the same entity. Under the Virginia Stormwater Management Act (VSMA), what is the permitting requirement for this development project?
Correct
The Virginia Stormwater Management Act (VSMA) and its associated regulations, found in the Virginia Administrative Code (VAC) 4VAC50-60, establish requirements for managing stormwater runoff to protect water quality. Specifically, when a new development project requires the clearing, grading, or excavation of one or more acres of land, a Virginia Stormwater Management Program (VSMP) permit is generally necessary. This permit ensures that the development incorporates appropriate stormwater management practices (SMPs) to control pollutant runoff and erosion. The threshold for requiring a VSMP permit is typically tied to the amount of land disturbance. In this scenario, the total land disturbance across the two phases of the project is 1.5 acres, which exceeds the one-acre threshold. Therefore, a VSMP permit is required for the overall project, even though each phase individually falls below the one-acre threshold. The Virginia Department of Environmental Quality (DEQ) oversees the VSMP. The VSMA aims to prevent or minimize the adverse effects of stormwater runoff from development, including increased pollutant loads and altered stream hydrology, thereby protecting the Commonwealth’s water resources. This includes provisions for stormwater management plans, inspections, and enforcement to ensure compliance with the established standards.
Incorrect
The Virginia Stormwater Management Act (VSMA) and its associated regulations, found in the Virginia Administrative Code (VAC) 4VAC50-60, establish requirements for managing stormwater runoff to protect water quality. Specifically, when a new development project requires the clearing, grading, or excavation of one or more acres of land, a Virginia Stormwater Management Program (VSMP) permit is generally necessary. This permit ensures that the development incorporates appropriate stormwater management practices (SMPs) to control pollutant runoff and erosion. The threshold for requiring a VSMP permit is typically tied to the amount of land disturbance. In this scenario, the total land disturbance across the two phases of the project is 1.5 acres, which exceeds the one-acre threshold. Therefore, a VSMP permit is required for the overall project, even though each phase individually falls below the one-acre threshold. The Virginia Department of Environmental Quality (DEQ) oversees the VSMP. The VSMA aims to prevent or minimize the adverse effects of stormwater runoff from development, including increased pollutant loads and altered stream hydrology, thereby protecting the Commonwealth’s water resources. This includes provisions for stormwater management plans, inspections, and enforcement to ensure compliance with the established standards.
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Question 28 of 30
28. Question
A commercial property owner in Fairfax County, Virginia, plans to redevelop an existing parking lot, disturbing approximately 1.5 acres of land. The redevelopment involves replacing the existing asphalt with permeable pavers and implementing new landscaping features. According to Virginia environmental law, what is the primary regulatory instrument that must be secured before commencing this land-disturbing activity to ensure compliance with stormwater management requirements?
Correct
The Virginia Stormwater Management Act (VSMA) and its associated regulations, administered by the Virginia Department of Environmental Quality (DEQ), govern stormwater runoff management. When a new development project is proposed in Virginia that will disturb land, a stormwater pollution prevention plan (SWPPP) is generally required. This plan must address the management of stormwater runoff to prevent pollution and minimize erosion. Virginia’s stormwater regulations often require the implementation of Best Management Practices (BMPs) to control the volume and water quality of stormwater runoff. For land-disturbing activities exceeding a certain threshold, typically one acre, a Virginia Stormwater Management Permit is necessary. This permit ensures compliance with state and federal Clean Water Act requirements. The VSMA aims to protect water resources by managing the impacts of land development on water quality and quantity. Understanding the specific thresholds for permit requirements and the types of BMPs mandated for different land uses is crucial for developers and environmental professionals operating in Virginia. The VSMA’s purview extends to both construction-related stormwater and post-construction runoff from developed sites.
Incorrect
The Virginia Stormwater Management Act (VSMA) and its associated regulations, administered by the Virginia Department of Environmental Quality (DEQ), govern stormwater runoff management. When a new development project is proposed in Virginia that will disturb land, a stormwater pollution prevention plan (SWPPP) is generally required. This plan must address the management of stormwater runoff to prevent pollution and minimize erosion. Virginia’s stormwater regulations often require the implementation of Best Management Practices (BMPs) to control the volume and water quality of stormwater runoff. For land-disturbing activities exceeding a certain threshold, typically one acre, a Virginia Stormwater Management Permit is necessary. This permit ensures compliance with state and federal Clean Water Act requirements. The VSMA aims to protect water resources by managing the impacts of land development on water quality and quantity. Understanding the specific thresholds for permit requirements and the types of BMPs mandated for different land uses is crucial for developers and environmental professionals operating in Virginia. The VSMA’s purview extends to both construction-related stormwater and post-construction runoff from developed sites.
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Question 29 of 30
29. Question
A developer plans to undertake a significant construction project in Fairfax County, Virginia, involving the clearing and grading of approximately 1.5 acres of land for a new commercial complex. The project will involve extensive excavation and the creation of impervious surfaces. The developer’s environmental consultant has prepared a comprehensive plan to manage stormwater runoff during and after construction. Which Virginia statute is the primary legal authority mandating the development and implementation of a stormwater pollution prevention plan for this specific land-disturbing activity?
Correct
The Virginia Stormwater Management Act (VSMA), codified in the Code of Virginia at §62.1-44.15:24 et seq., establishes a framework for managing stormwater runoff to protect water quality and mitigate flooding. A key component of this act is the requirement for stormwater pollution prevention plans (SWPPPs) for certain land-disturbing activities. The VSMA, as implemented through regulations by the Virginia Department of Environmental Quality (DEQ), mandates that landowners or their agents develop and implement SWPPPs to control pollutants in stormwater runoff. These plans must address various aspects, including erosion and sediment control, post-construction stormwater management, and the use of best management practices (BMPs). The VSMA emphasizes a comprehensive approach to stormwater management, recognizing its impact on the Commonwealth’s waterways. Specifically, the requirement for a SWPPP is triggered by land-disturbing activities exceeding a certain threshold, typically one acre or more, or as part of a larger common plan of development or sale that disturbs one acre or more. The plan itself is a site-specific document detailing how stormwater runoff will be managed to prevent pollution and comply with state and federal regulations, including the Clean Water Act’s National Pollutant Discharge Elimination System (NPDES) program for stormwater. The VSMA aims to ensure that development activities do not adversely affect water quality or the health of aquatic ecosystems within Virginia.
Incorrect
The Virginia Stormwater Management Act (VSMA), codified in the Code of Virginia at §62.1-44.15:24 et seq., establishes a framework for managing stormwater runoff to protect water quality and mitigate flooding. A key component of this act is the requirement for stormwater pollution prevention plans (SWPPPs) for certain land-disturbing activities. The VSMA, as implemented through regulations by the Virginia Department of Environmental Quality (DEQ), mandates that landowners or their agents develop and implement SWPPPs to control pollutants in stormwater runoff. These plans must address various aspects, including erosion and sediment control, post-construction stormwater management, and the use of best management practices (BMPs). The VSMA emphasizes a comprehensive approach to stormwater management, recognizing its impact on the Commonwealth’s waterways. Specifically, the requirement for a SWPPP is triggered by land-disturbing activities exceeding a certain threshold, typically one acre or more, or as part of a larger common plan of development or sale that disturbs one acre or more. The plan itself is a site-specific document detailing how stormwater runoff will be managed to prevent pollution and comply with state and federal regulations, including the Clean Water Act’s National Pollutant Discharge Elimination System (NPDES) program for stormwater. The VSMA aims to ensure that development activities do not adversely affect water quality or the health of aquatic ecosystems within Virginia.
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Question 30 of 30
30. Question
A real estate developer, “Chesapeake Properties Inc.,” plans to undertake a significant construction project on a 15-acre tract of undeveloped land located in Fairfax County, Virginia. The project involves extensive clearing, grading, and the construction of multiple commercial buildings and associated parking areas. To comply with Virginia’s environmental regulations governing land development, what is the primary stormwater management document that Chesapeake Properties Inc. must prepare and submit for approval before commencing any land disturbing activities on the site?
Correct
The Virginia Stormwater Management Act (VSMA), codified in the Code of Virginia at § 62.1-44.15:24 et seq., establishes the framework for managing stormwater runoff to protect water quality and prevent flooding. A key component of this act is the requirement for stormwater management plans for land disturbing activities. When a proposed development project in Virginia involves land disturbance exceeding a certain threshold, a stormwater pollution prevention plan (SWPPP) must be developed and implemented. The VSMA delegates significant authority to the Virginia Department of Environmental Quality (DEQ) to develop and enforce regulations. Specifically, the Virginia Stormwater Management Program (VSMP) regulations, found in the Virginia Administrative Code (VAC) at 4VAC50-60-1 et seq., outline the technical criteria and administrative procedures for stormwater management. These regulations mandate that a SWPPP must be prepared by a qualified professional and submitted to the relevant Virginia Stormwater Management Program authority for review and approval prior to commencing land disturbing activities. The plan must detail measures to control the quantity and quality of stormwater runoff, including the use of Best Management Practices (BMPs). The VSMA and its associated regulations also establish enforcement mechanisms, including civil penalties, for violations. Therefore, for a land disturbing activity in Virginia that meets the specified acreage thresholds, the correct procedural step is the submission of a SWPPP for approval.
Incorrect
The Virginia Stormwater Management Act (VSMA), codified in the Code of Virginia at § 62.1-44.15:24 et seq., establishes the framework for managing stormwater runoff to protect water quality and prevent flooding. A key component of this act is the requirement for stormwater management plans for land disturbing activities. When a proposed development project in Virginia involves land disturbance exceeding a certain threshold, a stormwater pollution prevention plan (SWPPP) must be developed and implemented. The VSMA delegates significant authority to the Virginia Department of Environmental Quality (DEQ) to develop and enforce regulations. Specifically, the Virginia Stormwater Management Program (VSMP) regulations, found in the Virginia Administrative Code (VAC) at 4VAC50-60-1 et seq., outline the technical criteria and administrative procedures for stormwater management. These regulations mandate that a SWPPP must be prepared by a qualified professional and submitted to the relevant Virginia Stormwater Management Program authority for review and approval prior to commencing land disturbing activities. The plan must detail measures to control the quantity and quality of stormwater runoff, including the use of Best Management Practices (BMPs). The VSMA and its associated regulations also establish enforcement mechanisms, including civil penalties, for violations. Therefore, for a land disturbing activity in Virginia that meets the specified acreage thresholds, the correct procedural step is the submission of a SWPPP for approval.