Developed in 1984 to suggest elements of a local soil erosion and sediment control ordinance and regulations. See State regulations and contact EPA about the key words.Also see the Internet for recent materials.

Removing sediment and other non-point pollution from the waterways of the nation is an important part of the water quality improvement effort taking place under Public Law 92-500. the Federal Water Pollution Control Act as amended by the Clean Water Act of 1977 (P.L. 95-217). Section 208 (Water Quality Management) of the Clean Water Act requires development and implementation of areawide water quality management plans containing management and regulatory programs to control point and non-point source pollution. The planning process is generally referred to as "208 Planning."

Conservation districts, which are subdivisions of state governments and cover virtually all of the privately owned land in the nation, have been involved in programs designed to reduce soil erosion and related non-point pollution since their inception in the 1930's. Until recent years, such programs were voluntary, but with the emergence of new demands for clean water and a rapid shift in land use from agricultural to nonagricultural uses which have accelerated the processes of soil erosion and sedimentation, many states have enacted legislation making sediment control mandatory.

Twenty states, the District of Columbia. and the Virgin Islands have enacted erosion and sediment control legislation during the past decade. These laws provide for the implementation or the strengthening of statewide erosion and sediment control plans for rural and~or urban lands. The legislation includes amendments to conservation district laws, water quality laws, and erosion and sediment control laws.

Fifteen of the 22 erosion and sediment control programs are regulatory. All the laws contain some provision for enforcing conservation requirements, most of which involve three general types of regulatory mechanisms: (1) an approved erosion and sediment control plan required for land-disturbing activities; (2) an approved plan for issuing a permit for an activity involving land-disturbing activities; (3) requirement for compliance with established permissable soil loss limits. Some of the laws are broad, whereas others deal with specific areas of concern. Regulations established in each state are generally required to: (1) be based upon relevant physical and developmental information concerning the watersheds and drainage basins of the state; (2) include appropriate surveys to identify areas with critical erosion and sediment problems; and. (3) contain conservation standards for various types of soils and land uses which must include criteria, techniques, and methods for erosion and sediment control.

The Virginia General Assembly adopted the Soil and Water Conservation Districts Act in 1938 to carry out erosion and sediment control programs on a joint federal, state and local basis, primarily through the creation of local soil and water conservation districts. The law addressed erosion control on agricultural lands through voluntary programs of local districts.

Fairfax County adopted an erosion and sediment control ordinance that took effect in January 1967. It was the first urban erosion and sediment control program in Virginia. It required developers to submit an erosion and sediment control plan to the county for approval before land clearing or grading could begin.

In July 1971, the State Water Control Board adopted a policy for waste treatment and water quality management in the Occoquan Watershed. The policy required local political subdivisions to adopt a siltation control ordinance containing adequate enforcement provisions to control siltation on development projects within the Occoquan Watershed.

During 1971, the Erosion and Sediment Control Task force of the Governor's Council on the Environment reported on erosion and sedimentation problems in Virginia. The report included recommendations on several features to be incorporated in a legislative proposal to combat the problem. In August 1971, the Attorney General gave an opinion stating that sediment and silt are pollutants under the state water control law and therefore must be considered in determining water quality in Virginia.

The efforts of the Soil and Water Conservation Commission of Virginia and the Erosion and Sediment Control Task Force resulted in the enactment in 1972 of a bill for erosion and sediment control on land-disturbing projects involving other than agricultural or silvicultural activities. (Erosion and Sediment Control Act Code of Va. Title 21. Ch. 1. Secs. 21-89.1 --21.89.15.) The purpose of the law was to establish and implement a statewide, coordinated program to control erosion and sediment and to conserve and protect the land, water, air and other natural resources of Virginia. The State Soil and Water Conservation Commission was made responsible for administering the law. (Contact Chief Engineer. Virginia Soil and Water Conservation Commission. 830 E. Main Street, Suite 800. Richmond, VA. 23219. 804/786-2064.

Guidelines, standards and criteria were adopted by the Commission and became effective July 1. 1974. Local erosion and sediment control programs consistent with the state program were developed 18 months later and 172 programs are being carried out by (1) four soil and water conservation districts; (2) 168 counties, cities, and incorporated towns; or (3) a joint venture between a district and municipality. These local programs must be approved by the Commission.

Major Program Features
1. State Erosion and Sediment Control Program. Standards. guidelines and criteria were developed by the Soil and Water Conservation Commission for the effective control of soil erosion, sediment deposition and non-agricultural runoff. The Commission conducted public hearings on the proposed standards before their adoption or revision.
2. Local Erosion and Sediment Control Programs. Each local government or conservation district was required to adopt a program which was at least as stringent in its guidelines. standards and criteria as the state program, except that securing approval of or obtaining a permit can not be more difficult than the law provides; nor may local governments require compliance for those land-disturbing activities exempted by state law. The law exempts certain minor land disturbances, individual public utility construction and repair, separately built single-family dwellings and usual horticultural, forestry and agricultural practices. Projects of state agencies are exempted from local control; they require approval by the Commission. Plans for interjurisdictional projects may be submitted to the Commission or to each locality involved at the option of the applicant.

The local programs required an erosion and sediment control plan approved by the local government before land-disturbing activities could begin. The local authority can require an applicant to insure that emergency measures for appropriate conservation be taken at the applicant's expense. To insure this, the authority can require a letter of credit, cash escrow, performance bond or other legal arrangement before issuing the permit.

The local programs provide for monitoring and inspection of land-disturbing activities. If anyone violates any part of the local ordinances, the enforcement authority can prosecute or seek injunctions or other appropriate legal relief to stop the damaging activity. Local programs also included a plan for carrying out necessary training, information and education programs to insure orderly implementation.

Each county and municipality that has adopted erosion and sediment control ordinances serves as the local unit for inspection and enforcement. Under memoranda of agreement. local conservation districts review erosion and sediment control plans for technical adequacy and provide technical assistance from the U.S. Soil Conservation Service (SCS). With the help of SCS and the Extension Service, districts conduct local training, education and information programs.
3. Regulating Land-Disturbing Activities. No person can engage in any land-disturbing activity since the adoption of the conservation standards by the districts, counties, cities or towns until an erosion or sediment control plan for the activities has been submitted to the respective authority for review and approval.
4. Penalties. A violation of this article constitutes a misdemeanor and is subject to a fine not exceeding $1,000 or 30 days imprinsonment for each violation, or both.