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2011 SESSION
11102478DBe 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 establish
a utility or enacting enact a system of service
charges. Incomederived from these charges shall be
dedicated special revenue and may be used only to pay or recover costs for the
following to support a local
stormwater management program consistent with Article 1.1 (§
10.1-603.1 et seq.) of Chapter 6 of Title 10 or any other state or
federal regulation governing stormwater management. Income derived from a
utility or system of charges shall be dedicated special
revenue, may not exceed the actual costs incurred by a locality operating under
the provisions of this section, 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 Planning, design, engineering, construction, and debt
retirement for new facilities and
enlargement or improvement of existing facilities, including the enlargement or
improvement of dams, levees, floodwalls,
and pump stations, whether publicly or privately owned,
that serve to control stormwater; however, prior to
adoption of any ordinance pursuant to this section related to the enlargement
or improvement of privately owned dams, a locality shall comply with the notice
provisions of § 15.2-1427 and hold a public hearing;
4. Facility operation and maintenance,
including the maintenance of dams, levees, floodwalls,
and pump stations, whether publicly or privately owned,
that serve to control the stormwater; however, prior to
adoption of any ordinance pursuant to this section related to the maintenance
of privately owned dams, a locality shall comply with the notice provisions of
§ 15.2-1427 and hold a public hearing;
5. Monitoring of stormwater control devices and ambient water quality monitoring; and
6. Pollution control and
abatement, consistent with state and federal regulations for water pollution
control and abatement; and Other
activities consistent with the state or federal regulations governing
stormwater management, including, but not limited to, public education, watershed planning, inspection and
enforcement activities, and pollution prevention planning and implementation.
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 an analysis that
demonstrates the rational relationship between the amount charged and the
services provided. 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. However,
prior to adoption of any ordinance pursuant to this section related to the
enlargement, improvement, or maintenance of privately owned dams, a locality
shall comply with the notice provisions of § 15.2-1427 and hold
a public hearing.
C. A locality adopting such a system shall provide for full waivers of charges to the following:
1. A 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 or
public entity, that holds, and is in compliance with, a permit to discharge
stormwater from a municipal separate storm sewer system; except that the waiver
of charges shall apply only to
property covered by any such permit; and
2. Public roads
and public street rights-of-way
that are owned and maintained by state or local agencies.
D. A
locality adopting such a system shall also provide
for full or partial waivers of charges to any person who develops, redevelops
or retrofits outfalls, discharges or property so that there is a permanent
reduction in post-development stormwater flow and pollutant loading installs, operates,
and maintains a stormwater management facility that achieves a permanent
reduction in stormwater flow or pollutant loadings. 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 stormwater flow or
pollutant loadings, or both, from pre-installation to post-installation of the
facility. No locality shall provide a waiver to any person
who does not obtain a stormwater permit from the Department of Conservation and
Recreation or the Department of Environmental Quality when such permit is
required by statute or regulation.
E. A
locality adopting such a system may also provide
for full waiver or partial waivers
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, property owned or
operated by the locality administering the program, and public or private
entities that implement or participate in strategies, techniques, or programs
that reduce stormwater flow or pollutant loadings, or decrease the cost of maintaining
or operating the public stormwater management system.
CF. 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.).
DG. 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.
The locality may combine the billings for stormwater charges with billings for
water or sewer charges, real property tax assessments, or other billings; in
such cases, the locality may establish the order in which payments will be
applied to the different charges. No locality shall combine its billings with
those of another locality or political subdivision, including an authority
operating pursuant to Chapter 51 (§ 15.2-5100 et seq.) of Title 15.2, unless
such locality or political subdivision has given its consent by duly adopted
resolution or ordinance.
EH. Any two or more localities
may enter into cooperative agreements concerning the management of stormwater.
2. The provisions of this act shall not be construed to invalidate the provisions of any local ordinance legally adopted prior to July 1, 2011.