Virginia Stormwater Regulation Update: Enforcing Skimmer Use in Sediment Basins
Background: New Stormwater Regulations in Virginia
Virginia has recently overhauled its stormwater management and erosion control regulations, aiming to tighten environmental protections and clarify requirements. On June 22, 2023, the State Water Control Board approved a new consolidated Virginia Erosion and Stormwater Management Regulation (9VAC25-875), which combines prior erosion and sediment control and stormwater regulations. These updated regulations take effect July 1, 2024, and reflect current best practices and technologies[3].
According to the Virginia Department of Environmental Quality (DEQ), the changes eliminate outdated requirements and ensure standards keep pace with modern stormwater management methods.[1] One key focus area is improving sediment control on construction sites – particularly through the use of surface skimmers in sediment basins.
What Are Skimmers and Why Require Them?
Skimmers are floating devices used in sediment basins to draw water from the surface, rather than the bottom. This allows cleaner water near the surface to be released while heavier sediment settles at the bottom, reducing turbidity and improving water quality.[1]
How Skimmers Work
Skimmers float on the water’s surface and remove water from the top of the sediment basin. This method ensures that only the cleanest water is discharged, preventing muddy runoff from leaving construction sites.[1]
Why They’re Important
Skimmers are recognized as a best management practice (BMP) for controlling sediment. Even smaller skimmers can significantly improve the performance of sediment basins, reducing pollution and improving water clarity downstream.[5]
Regulatory Changes: Skimmers Mandated in Sediment Basins
Under the updated Virginia Stormwater regulations, surface withdrawal devices (such as skimmers) are now mandatory in sediment basins, except in rare cases where it’s technically infeasible. This is part of the new 9VAC25-875 regulation, which requires construction projects to install skimmers in sediment basins controlling runoff from 3 or more acres.[3]
Key updates:
- Surface Withdrawal Rule: Sediment basins must use surface-drawing outlets (skimmers) unless infeasible.[1]
- Unified Statewide Standard: The Virginia Stormwater Management Handbook (2024) provides updated design guidelines for sediment basins with skimmers.[1]
- Effective Date: The requirement takes effect on July 1, 2024, and will be enforced by local authorities.[2]
Enforcement and Compliance Expectations
The Virginia Department of Environmental Quality (DEQ) and local authorities will begin enforcing the skimmer requirement through plan reviews and site inspections.[1]
- Plan Approval: Plans submitted for construction sites must include details about the skimmer, including size, model, and drawdown rate.[1]
- Inspection: DEQ and local officials will inspect sediment basins during construction to ensure that skimmers are in place and functioning correctly. Non-compliance may result in violations, fines, or project delays.[2]
- Corrective Actions: If a project is found without the required skimmer, retrofitting will be required. Non-compliance could lead to significant enforcement actions.[4]
Implications of Stakeholders
The new skimmer regulations will affect various stakeholders, including developers, engineers, contractors, and local governments.
- Developers: Make sure your project includes skimmers in sediment basins. They may slightly increase initial costs but will prevent delays or penalties later.[5] Developers should also highlight this commitment to sustainability and water quality.
- Engineers and Designers: Ensure your sediment basin designs incorporate skimmers. Use the Virginia Stormwater Management Handbook to comply with design standards and get your plans approved quickly.[1]
- Contractors: Skimmers must be installed and maintained according to the manufacturer’s instructions. Regular inspections are essential to prevent clogging and ensure compliance.[5]
- Local Governments: Local authorities must enforce the skimmer mandate and verify compliance. This involves training plan reviewers and inspectors to recognize non-compliance.[2]
