General Assembly Talks Stormwater Local Assistance Fund

General Assembly:

“The House and Senate budget conferees charged with reaching an agreement on a compromise budget for the remainder of FY14 and the next biennium are in place. Both chambers approved their version of the budget a week ago, and on Wednesday, the plans were rejected by the other chamber, setting the stage for senior budget writers to work through the weekend and early next week to attempt to reconcile differences in the spending plans…

The introduced budget authorized $20 million in bonds in FY 16 for the Stormwater Local Assistance Fund, which provides 50% matching funds to qualifying local projects that reduce stormwater pollution. The fund was created and seeded with $35 million in bond proceeds last year. The House accelerates the program by authorizing $38 million in bonds in FY15; the Senate authorizes $20 million in FY15.”

~ David Blount, TJPDC Legislative Liaison

Citizens voice concerns over Fracking possibilities

Northern Virginia & Middle Peninsula:

“Citizens aired their concerns last Wednesday over the possibility of fracking taking place in a basin that stretches through parts of the Northern Neck and Essex County. During a regular meeting of the Northern Neck Soil and Water Conservation District, Former 99th District Delegate Albert C. Pollard and Richard Moncure of the Friends of the Rappahannock gave a presentation on fracking, or the horizontal drilling process of injecting chemicals into beds of rock underground known as shale formations to release natural gas, oil and other resources trapped in the rock.

Local interest in the subject first amassed when it was discovered that Texas-based Shore Exploration and Production Corp. had secured 85,000 acres of land in leases for fracking in the Taylorsville Basin, which stretches across Eastern Virginia into parts of Maryland. Most of the acres were leased in Caroline County, followed by Westmoreland, King George, Essex and King and Queen Counties.

Moncure said the leases were for seven years and renewable, while Pollard noted that the landowners were getting $15 per acre each year. If the oil companies found something, Pollard added, then landowners would receive a higher amount. Back in December, Shore Exploration President Stan Sherrill told the Northern Neck News that his company could practice nitrogen fracking in the basin, which, based on a conversation he said he had with a state inspector, produced very little environmental results as opposed to hydrofracking.”

~Writes Westmoreland News

Agriculture and Natural Resources Legislation

General Assembly:

“Concerning stormwater, the House provides $38 million from the Virginia Public Building Authority (VPBA) for the stormwater grant program contingent upon the Department of Environmental Quality (DEQ) providing a grant to improve statewide digital orthography files (state mapping). The Senate shifts the $20.0 million in VPBA bond funding from the second to the first year and amends language to more clearly focus local stormwater grants on implementation of local best management practice capital projects.

          

The Senate also includes just over $31.4 million for agriculture best practices and $2 million for maintenance for SWCD district dams. It includes language requiring local governments imposing a stormwater utility fee to provide an annual report to DEQ on the programs being funding by the fee and the nutrient and sediment reductions expected to be accomplished by the programs. The Senate also directs a review of stormwater management program fee structure.

The Senate provides $2 million for the Dam Safety Program to address repairs needed for certain flood control dams maintained by Soil and Water Conservation Districts. The House reduces dam funding by over $1 million.

A House budget amendment provides $300,000 each year to support the eradication of hydrilla on Lake Anne, Lake Gaston and Smith Mountain Lake.”

~ David Blount, TJPDC Legislative Liaison

Hearing set for new stormwater ordinance

Campbell County:

“Campbell County Community Development Director Paul Harvey presented the Board of Supervisors with the draft ordinance and the proposed county fee schedule at its Feb. 4 meeting and asked for permission to advertise the ordinance and hold the public hearing. Supervisors approved the request 7-0.

While there are some bills being considered in the Virginia General Assembly that could affect the stormwater management program, Harvey said it was important to go ahead and hold the public hearing because the county is required to have a local ordinance and fee schedule adopted by May 15 and sent to the Virginia Department of Environmental Quality, the state agency overseeing the program.

He said supervisors are not required to vote on the ordinance on March 4, but holding the public hearing would put the process in motion.

The Virginia Stormwater Management Program is the mandatory permitting process related to construction activity. Effective July 1, the VSMP will be administered by localities along with erosion and sediment control laws.”

~Writes Tina Barbour of the Altavista Journal

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Click here to learn more about Campbell County's Stormwater Management Program

Agriculture Committee and Stormwater Legislation

General Assembly:

“This past week, the House approved HB 1173 on a 93 to one vote. The Senate Agriculture Committee followed suit on Thursday afternoon by unanimously reporting a nearly identical measure, SB 423, which awaits approval on the Senate floor. The bills, among other things, allow non-MS4 localities to opt out of having to establish a local stormwater program and have the Department of Environmental Quality establish and implement a program.”

~Writes David Blount, TJPDC Legislative Liaison

A Strategy to Protect Virginians from Toxic Chemicals

University of Richmond:

“The University of Richmond School of Law announces the release of the first comprehensive report on releases and exposures to toxic chemicals in Virginia, 'A Strategy to Protect Virginians From Toxic Chemicals.'  Prepared by Professor Noah Sachs and law student Ryan Murphy, the report concludes that the Commonwealth should place controlling toxics at the forefront of its regulatory agenda to prevent accidents such as the coal ash spill near Danville this week and the chemical spill along the Elk River in Charleston, West Virginia last month.   The report addresses issues that have not received much attention in Virginia, including:

• Chemical storage along waterways
• The lack of a comprehensive state program for remediating contaminated sites
• Coal ash disposal and regulation
• Increasing DEQ's enforcement authority
• Toxics in consumer products”

 ~Writes Noah M. Sachs: Professor, University of Richmond School of Law

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House of Delegates passes storm runoff bill

General Assembly:

“Legislation moving forward in the Virginia General Assembly will allow area counties to opt out of a mandate on monitoring runoff from building sites. The House of Delegates on Wednesday passed a bill that allows most counties across the state to let the Virginia Department of Environmental Quality manage stormwater monitoring for development. The House voted 93-1 in favor of the bill sponsored by Del. M. Keith Hodges, R-Urbanna, which includes several other pieces of related legislation.

Hodges said Wednesday this bill would let smaller, rural counties opt out of a requirement seen as a costly endeavor handed down by the state. ‘That was the initial goal, was to give the localities the relief and remove the unfunded mandate,’ Hodges said.

The counties of Frederick, Shenandoah, Warren and others could ask the DEQ to allow them to opt out of the mandate. Local governments faced a July 1 deadline to implement programs designed to monitor runoff from construction. The Warren County Board of Supervisors on Tuesday adopted a resolution of support for the bill.

An emergency clause included in the bill allows the legislation to take effect as soon as Gov. Terry McAuliff signs it, Hodges explained. The clause lets counties off the hook for meeting DEQ deadlines and allows the state agency to prepare for the transition, Hodges explained.”

~Writes Alex Bridges of Northern Virginia Daily

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Fracking in George Washington National Forest could threaten D.C. area drinking water

Northern Virginia:

“The future cleanliness of the Washington region’s drinking water has unexpectedly become a central concern in the national debate over the controversial natural-gas drilling method known as ‘fracking.’ The gas industry is pushing to allow fracking in the George Washington National Forest, despite fears that it could threaten the cleanliness of the Potomac River. It’s the sole source of drinking water for more than 4 million people in our area.

It’s no surprise that environmental groups are pushing hard to ban fracking in the forest, which includes the Potomac’s headwaters in the Appalachian Mountains. But I’ve been struck by the strong positions taken by more neutral parties, notably major local water utilities. The D.C. Water and Sewer Authority, the Washington Aqueduct and the Fairfax County Water Authority all oppose fracking in the forest — at least until the dangers are better understood.”

~Writes Robert McCartney of The Washington Post

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Important announcement from DEQ

Department of Environmental Quality

“Announcement of a meeting to present and discuss preliminary milestones for Chesapeake Bay restoration and the state-wide Nonpoint Source (NPS) Management Plan. PUBLIC MEETING LOCATION: Webcast to each DEQ Regional Office on Tuesday, February 25, 2014 from 9:30 a.m. to 4:30 p.m. Office locations can be found here”

~VAEPO