With major rules revision, Va. aims to reduce bay pollution

Virginia took a big step yesterday to reduce the amount of pollution that washes off subdivisions, office parks and other new developments.

The Virginia Soil and Water Conservation Board adopted, by a 7-1 vote, the first major revision of state stormwater rules in two decades.

The rules would require developers to do more things, such as building ponds or low-lying gardens, to decrease runoff pollution.

"Today we mark a significant milestone in the protection of the Chesapeake Bay and Virginia's rivers, lakes and streams," Gov. Timothy M. Kaine said.

Regulators see the stormwater crackdown as one piece of the puzzle in restoring the polluted Chesapeake Bay. As the Obama administration leads a renewed bay cleanup, state and federal officials also are considering pollution cuts from farms, suburban lawns and other sources.

The stormwater rules dictate things a developer must do to limit runoff long after a project is finished. That runoff can carry animal waste, oil, grime and other pollution into streams.

Among other things, the rules call for a 38 percent reduction in the amount of phosphorus, a cause of algae, that flows from a site within the bay's watershed.

"We feel that standard is excessive [and not] supported by sound science," Philip F. Abraham, representing a commercial real estate industry group, told the board before the vote.

Many builders say the rules would add to project costs and, ultimately, consumers' bills. State officials say any increased costs would be minimal.

Some observers said they expect opponents to take their case before the General Assembly.

As proposed 11 months ago, the rules called for the 38 percent phosphorus cut statewide. In one of several moves made to address opponents' concerns, the board set a less-stringent limit for waters outside the bay watershed.

Kate G. Wofford, director of the Shenandoah Valley Network, a conservation group, opposed that change. "I believe all Virginians deserve better -- not just those that happen to live in the bay watershed."

Overall, however, Wofford supported the regulations.

Because the rules adopted yesterday differ significantly from those the board proposed last year, the panel decided to set the regulations aside temporarily, hold a comment period from late October to late November and then vote again Dec. 9.

The board is not expected to make significant changes when it votes again.

Contact Rex Springston at (804) 649-6453 or .