Administrative Code

Creating a Report: Check the sections you'd like to appear in the report, then use the "Create Report" button at the bottom of the page to generate your report. Once the report is generated you'll then have the option to download it as a pdf, print or email the report.

Virginia Administrative Code
Title 4. Conservation And Natural Resources
Agency 25. Department Of Mines, Minerals And Energy
Chapter 150. Virginia Gas and Oil Regulation
9/22/2021

4VAC25-150-270. Stormwater management.

A. This section shall apply whenever an applicant or permittee must complete an erosion and sediment control plan under 4VAC25-150-260. The erosion and sediment control plan shall also describe how stormwater runoff will be managed in accordance with the standards of this section.

B. Areas downstream from permitted sites shall be protected from sediment disposition, erosion and damage due to increases in volume, velocity and peak flow rates of stormwater runoff for the stated frequency storm of 24-hour duration in accordance with the following:

1. Increased volumes of sheet flows or concentrated flows that may cause erosion and sedimentation on adjacent property shall be diverted to a stable outlet, adequate channel or a sediment control, detention or retention facility.

2. Adequacy of all channels and pipes shall be verified in the following manner:

a. The applicant shall demonstrate that the total drainage area to the point of analysis within the channel is 100 times greater than the contributing drainage area of the site in question; or

b. The receiving channel or pipe shall be analyzed as follows:

(1) Natural channels shall be analyzed using data for a two-year storm to verify that stormwater will not overtop channel banks or cause erosion of the channel bed or banks.

(2) All previously constructed man-made channels shall be analyzed using data for a 10-year storm to verify that stormwater will not overtop its banks and using data for a two-year storm to demonstrate that stormwater will not cause erosion of the channel bed or banks.

(3) Pipes and storm sewer systems shall be analyzed using data from a 10-year storm to verify that stormwater will be contained within the pipe or system. A downstream stability analysis at the outfall of the pipe or storm sewer system shall also be performed.

3. All hydrologic analyses shall be based on the existing watershed characteristics and the ultimate development condition of the site.

4. If the applicant chooses an option that includes stormwater detention or retention, then the plan must provide for maintenance of the detention or retention facilities. The plan shall set forth the maintenance requirements of the facility and the person responsible for performing the maintenance.

5. Outflows from a sediment basin, stormwater management facility or other concentrated runoff leaving a permitted site shall be discharged into an adequate channel.

C. Stormwater runoff which has been contaminated by or come into contact with overburden, raw material, intermediate products, finished products, byproducts or wastes from gas, oil or geophysical operations located on the permitted site shall be managed in accordance with a plan approved by the director.

D. The director may waive or modify any of the requirements of this section that are deemed inappropriate or too restrictive for site conditions. The permittee's written request for a variance shall document the need for the variance and describe the alternate measures or practices to be used. Specific variances allowed by the director shall be documented in the operations plan. The director shall consider variance requests judiciously, keeping in mind both the need of the applicant to maximize cost effectiveness and the need to protect off-site properties and resources from damage.

Statutory Authority

§§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.

Historical Notes

Derived from VR480-05-22.1 § 1.27, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.