Virginia revising proposed update of storm-water rules

Virginia is revising -- some say weakening -- its proposed update of storm-water regulations in an effort to address critics.

But the critics keep on criticizing.

Nearly 40 people spoke during a Richmond meeting on the proposed rules yesterday.

People in the building industry said the rules would drive up the cost of homes and other projects.

"Virginia would miss out on potential . . . new business," said Spencer M. Francis, an engineer with Bowman Consulting Group in Richmond. "Considering our fragile economy, this is not a direction we should be headed."

People representing local governments said the rules would be complex and perhaps costly for governments to administer.

"I'm not looking forward to it at all," said David S. Nunnally, senior environmental planner in Caroline County.

Environmentalists generally support the state's effort to toughen storm-water rules. But some criticized elements of the proposal yesterday.

For example, state officials are responding to criticism from builders and others by considering relaxing the pollution limit for storm water that runs into streams that do not flow to the Chesapeake Bay.

That "significant weakening" of the rules would lead to a decline of streams in nearly half of Virginia, said Gwynn Crichton of The Nature Conservancy.

While the proposed pollution limit would be weaker for non-bay waters, it still would be tougher than the current limit, state officials say.

The comments came during a meeting in Richmond of the Virginia Soil and Water Conservation Board, which is proposing an overall toughening of storm-water rules with the state Department of Conservation and Recreation.

The board is scheduled to adopt the updated rules Oct. 6. They would become effective in mid-2010.

Virginia's storm-water rules dictate the things a developer must do, such as building ponds, to limit runoff long after a project is finished. That runoff can carry animal waste, oil, grime and other pollution into streams.

The proposal would require builders, in many cases, to devote more land to ponds and other structures that reduce runoff.

Some critics say that would promote sprawl. In response, state officials are suggesting, among other things, that the proposal be adjusted to allow less-stringent pollution requirements on small sites in the bay region.

Some localities, mainly in eastern and central Virginia, run storm-water programs now. The new rules would require all localities to have programs. If a locality opts not to run a program, the state would run it.

About 3,400 people weighed in on the proposed rules during a recent comment period. Most supported the proposal.

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