Position Paper on Erosion & Sediment Control Administration and Enforcement Adopted December 2000

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ISSUE: Erosion and Sediment Control (E&S) programs, along with storm water management, are very important elements in reducing sediment loads in state waters. These E&S programs, when used with other non-point source reduction programs, reduce both sediment and nutrient pollution. Consistency in administration and enforcement of E&S requirements statewide is essential.

WHY IMPORTANT: By law, land-disturbing activities (such as construction and development) must be covered by an erosion and sediment control plan. Soil and Water Conservation Distict (SWCD) boards and board employees are often involved in the plan review process. SWCDs must commit necessary resources for training, retraining and staff time for successful E&S programs. However, neither SWCDs nor their E&S certified employees have enforcement authority. Non-point source conservation efforts have been diminished by lack of consistent E&S administration and enforcement across the Commonwealth. This has offset some of the other conservation accomplishments achieved by SWCDs.

RATIONALE:

E&S and storm water management programs are 30 years old.
Although most localities adopt only state minimums,
compliance is estimated at only 25%
  • Increased sediment results in environmental problems
    Possible mode of transport for phosporous (needs more study)
    Cloudy water reducing light penetration
    Bottom dwelling aquatic life "drowns" in sediment
  • Increased sediment results in economic problems
    Increased filtration costs at treatment plants
    Reduced reservce capacity because of filling
    Increased dredging costs for river traffic
  • Preventing sediment erosion is much more affordable than removal by dredging or other methods
  • Sediment control, with reduction goals, is recognized in the 2000 Bay Agreement recently signed by the governor
  • The Bay Agreement requires assessment of sediment programs. Virginia must report E&S findings within the Rappahannock, York, James and Coastal River basins for compliance
  • Currently, DCR has 23 staff members for oversight of all E&S and storm water management programs. An independent study of workload analysis indicated that more than twice this number is needed.
  • Construction sites erode at a rate 200 times greater than farmland and 2000 times greater than forestland
  • E&S progams are time consuming when administered properly and a waste of time when not.

ACTION: A study of compliance levels among localities will provide important information that will be useful in improving E&S programs in Virginia. This information will also facilitate the reaching of reduction levels for programs such as the Bay Agreement. Since this study would partly utilize current sediment reduction reports, the funds required for this study would not be large. The VASWCD requests that The Office of Legislative Services provide adequate staff and funding for a legislative study of Erosion and Sediment Control programs in Virginia with respect to consistency of administration, plan review, inspection and enforcement by localities. This study would compare existing local policies and procedures with requirements as outlined in the Virginia Erosion and Sediment Control Law and state policies.

VASWCD POINT OF CONTACT: Ricky Rash, Piedmont SWCD (434-645-1349)

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Virginia Association of Soil & Water Conservation Districts
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Mechanicsville, Virginia 23111
Office - (804) 559-0324
Fax - (804) 559-0325