2015-10-03 StormwaterOptOutPITTSYLVANIA COUNTY BOARD OF SUPERVISORS
RESOLUTION
2015 -10-03
WHEREAS, the Virginia Senate and House of Delegates, in response to local government
concerns, both passed by wide margins amendments to the Virginia Stormwater Management Plan
( "VSMP') under House Bill 1173/Senate Bill 423, which amendments allow local governments to
choose either to manage their own Stormwater Management Programs or to "Opt Out ", leaving the
administration, implementation, and enforcement of the Program to the Virginia Department of
Environmental Quality ( "DEQ "). These were both Omnibus Bills with broad and unequivocal support
from DEQ, Environmental Groups, and representatives from the Construction/Development community;
and
WHEREAS, the Governor of the Commonwealth of Virginia signed House Bill 1173/Senate
Bill 423 on March 24, 2014, and the bill was enacted immediately with an emergency clause
contained therein; and
WHEREAS, upon enactment, the Commonwealth of Virginia's lead environmental regulatory
agency, the DEQ was established as the Commonwealth's VSMP Authority. The DEQ is the
stormwater permitting authority and has the responsibility to implement, administer, and enforce the
Commonwealth's environmental regulations in a uniform, consistent, efficient, and timely manner across
the Commonwealth; and
WHEREAS, the Pittsylvania County Board of Supervisors, along with 54 other localities in
Virginia, voted in 2014 to "Opt Out" of administering their own stormwater management program,
leaving the administration of the Program to DEQ; and
WHEREAS, following the 2014 legislation, a Stormwater Advisory Group was convened
and charged with making recommendations regarding consolidation and implementation of the Virginia's
Water Regulations, including Stormwater and Erosion and Sediment Control, to the 2016 General
Assembly; and
WHEREAS, the Stormwater Advisory Group is largely comprised of representatives from the
environmental community, engineers, and DEQ staff, and lacks sufficient representation from Virginia's
"Opt Out" localities and Chesapeake Bay Act localities; and
WHEREAS, while the Stormwater Advisory Group should be commended for their months of
hard work, and in particular for the work on consolidating various environmental programs into one
program under DEQ administration, the Group has focused a significant amount of time recently and
has become sidetracked of late with a discussion on the benefits to DEQ of repealing the statutory right to
"Opt Out" provided by the 2014 legislative amendments to the VSMP, thereby, returning to localities the
responsibility of plan implementation, administration, and enforcement; and
WHEREAS, a recommendation to repeal the statutory "Opt Out" constitutes nothing less than
nullification by committee of the legislative action clearly embodied in the 2014 Omnibus legislation,
nullification of a right guaranteed by both houses of the General Assembly and the Governor, and would
require that each and every locality in the Commonwealth administer a separate version of the VSMP,
thus resulting in inconsistency, inefficacy and a cumulative burden that will increase both in size and cost
each year, constituting nothing short of a significantly expensive and burdensome unfunded or
underfunded mandate; and
Page 1 of 2
NOW, THEREFORE, BE IT RESOLVED THAT, the Pittsylvania County Board of
Supervisors, strongly opposes any recommendation or effort to reverse or amend the action taken by the
2014 General Assembly in affording to Virginia's counties and cities the statutory right to "Opt Out" of
administering the VSMP, and further respectfully requests that the Stormwater Advisory Group support
and seek implementation of the current law.
Adopted this 20th day of October , 2015.
ATTEST:/,
Clarence C. Monday, Clerk
Pittsylvania County Board of S pervisors
Approved As To Form:
IVX&V,5��
J. Vaden Hunt, Esq.
Pittsylvania County Attorney
Brenda H. Bowman, Chair
Elton W. Blackstock, Vice Chair
Coy E. Harville
James H. Snead
Jessie L. Barksdale
Jerry A. Hagerman
Tim R. Barber
Ayes 7 Nays 0
Page 2 of 2
Brenda H. Bowman, Chair
Pittsylvania County Board of Supervisors
Vote
Yes
Yes
Yes
Yes
Yes
vPs
Yes
Abstentions 0