Technical Bulletin #24-06, 05.08.24
Subject: Expiration of Time Limits Status Under the Stormwater Management Ordinance
Summary: Plans that qualify under the Time Limits on Applicability of Approved Design Criteria (Time Limits) provision in Stormwater Management Ordinance (SWMO) §124-1-11, Paragraph A, including Virginia Department of Environmental Quality (DEQ) Guidance Memo 14-2014, that do not commence authorized land-disturbing activity on or before June 30, 2024, will no longer be eligible for time limits and will need to be redesigned to meet the current stormwater technical criteria in Article 4 of the SWMO.
Effective Date: Immediately
Background: Without a recent regulatory action, the Commonwealth’s Department of Environmental Quality (DEQ) did not extend time limits for projects designed to the “old” technical stormwater criteria and permitted under the General Virginia Pollutant Discharge Elimination System (VPDES) Permit for Discharges of Stormwater from Construction Activities (Construction General Permit). Therefore, the status of such projects will expire on July 1, 2024, unless the project has broken ground on, or prior to, June 30, 2024. The County’s Stormwater Management Ordinance includes provisions for time limits; however, these do not exceed those granted by DEQ Regulations. Consequently, projects falling into this category are set to expire on July 1, 2024, unless the project has broken ground. The full technical bulletin linked below describes this issue in more detail. The Department of Environmental Quality (DEQ) also issued Guidance Memo 14-2014 to provide clarity of the implementation of the Regulation.
For additional assistance or if you have any questions, please contact the Site Code Research and Development Branch, at 703‑324-5175, TTY 711.
Technical Bulletin 24-06:
https://www.fairfaxcounty.gov/landdevelopment/sites/landdevelopment/files/Assets/documents/24-06-expiration-time-limits-status-under-stormwater-mgmt-ordinance.pdf
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