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2003 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 15.2-2114 of the Code of Virginia is amended and reenacted as follows:
§ 15.2-2114. Regulation of stormwater.
A. Any locality, by ordinance, may adopt a stormwater control program consistent with Article 1.1 (§ 10.1-603.1 et seq.) of Chapter 6 of Title 10.1, or any other state or federal regulation, by establishing a utility or enacting a system of service charges. Income derived from these charges shall be dedicated special revenue and may be used only to pay or recover costs for the following:
1. The acquisition, as permitted by § 15.2-1800, of real and personal property, and interest therein, necessary to construct, operate and maintain stormwater control facilities;
2. The cost of administration of such programs;
3. Engineering and design, debt retirement, construction costs for new facilities and enlargement or improvement of existing facilities;
4. Facility maintenance;
5. Monitoring of stormwater control devices;
6. Pollution control and abatement, consistent with state and federal regulations for water pollution control and abatement; and
7. Planning, design, land acquisition, construction, operation and maintenance activities.
B. The charges may be assessed to property owners or occupants, including
condominium unit owners or tenants (when the tenant is the party to whom the
water and sewer service is billed), and shall be based upon their contributions
to stormwater runoff; however, prior to adopting such a system, a public
hearing shall be held after giving notice as required by charter or by
publishing a descriptive notice once a week for two successive weeks prior to
adoption in a newspaper with a general circulation in the locality. The second
publication shall not be sooner than one calendar week after the first
publication. A locality adopting such a system shall provide for full waivers
of charges to federal, state, or local government agencies when the agency owns
and provides for maintenance of storm drainage and stormwater control
facilities or is a unit of the locality administering the program. A locality
shall also provide full waivers of charges for roads and public street
rights-of-way that are owned and maintained by state or local agencies. A
locality adopting such a system shall may also provide for full or partial
waivers of charges to any person who owns and provides for complete
private maintenance of storm drainage and stormwater facilities, provided such
person has obtained the proper permits from the Department of Environmental
Quality develops, redevelops or retrofits outfalls, discharges or
property so that there is a permanent reduction in post-development stormwater flow
and pollutant loading. The locality shall base the amount of the waiver in part
on the percentage reduction in both stormwater flow and pollutant loading, from
predevelopment to postdevelopment. No locality shall provide a waiver to any
person who does not obtain a stormwater permit from the Department of
Environmental Quality when such permit is required by statute or regulation. A
locality adopting such a system may also provide for full waiver of charges to
cemeteries. Income derived from service charges may not exceed the actual costs
incurred by a locality operating under the provisions of this title.
C. Any locality may issue general obligation bonds or revenue bonds in order to finance the cost of infrastructure and equipment for a stormwater control program. Infrastructure and equipment shall include structural and natural stormwater control systems of all types, including, without limitation, retention basins, sewers, conduits, pipelines, pumping and ventilating stations, and other plants, structures, and real and personal property used for support of the system. The procedure for the issuance of any such general obligation bonds or revenue bonds pursuant to this section shall be in conformity with the procedure for issuance of such bonds as set forth in the Public Finance Act (§ 15.2-2600 et seq.).
D. In the event charges are not paid when due, interest thereon shall at that time accrue at the rate, not to exceed the maximum amount allowed by law, determined by the locality until such time as the overdue payment and interest are paid. Charges and interest may be recovered by the locality by action at law or suit in equity and shall constitute a lien against the property, ranking on a parity with liens for unpaid taxes.
E. Any two or more localities may enter into cooperative agreements concerning the management of stormwater.