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Virginia ESC (Basic) > Regulation Basics > Flashcards

Regulation Basics Flashcards

1
Q

What is a VESCP Authority?

A

An authority approved by the Board to operate a Virginia Erosion and Sediment Control Program.

(ESC Basic Binder - Modules 4 page 5)

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2
Q

Provide examples of organizations that may be considered to be a VESCP authority.

A
  • State entity
  • Federal entity
  • district
  • county
  • City
  • town
  • utility companies (electric, gas, telephone…)
  • railroad

(ESC Basic Binder - Modules 4 page 5)

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3
Q

What is a land-disturbing activity?

A

Any man-made change to the land surface that may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands in the Commonwealth, (note there are some activities not included)

(ESC Basic Binder - Modules 4 page 3)

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4
Q

What is an agreement in lieu of a plan?

A

A contract between the plan-approving authority and the owner that specifies conservation measures that must be implemented in the construction of a single-family residence.

(ESC Basic Binder - Modules 4 page 2)

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5
Q

Which of the following is not considered land disturbance? (More than 1 may apply)

A) home gardens/individual home landscaping
B) individual service connections
C) county elementary school construction
D) underground public utility line repair on a road
E) septic tank lines

A

A, B, D, and E are not considered land disturbance

ESC Basic Binder - Modules 4 page 3

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6
Q

Which of the following is not considered land disturbance? (More than 1 may apply)

A) surface mining conducted pursuant to Title 45.1
B) construction of city park
C) rebuilding of railroad tracks
D) harvesting of agricultural
E) underground public utility line installation on sidewalk

A

A, C, D, and E are not considered land disturbance

ESC Basic Binder - Modules 4 page 3 and 4

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7
Q

Which of the following is not considered land disturbance? (More than 1 may apply)

A) construction of community center
B) installation of fence posts
C) shoreline erosion control projects
D) emergency work to protect property
E) construction of agricultural terraces
A

B, C, D, and E

ESC Basic Binder - Modules 4 page 4

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8
Q

It is the State Water Control Board’s responsibility to approve VESCP authorities among other things. Who must adopt and administer a VESCP?

A

Counties and cities

ESC Basic Binder - Modules 4 page 6

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9
Q

Is a town within a county required to adopt and administer a VESCP?

A

No. They have the option to adopt their own program or become subject to the counties program.

(ESC Basic Binder - Modules 4 page 6)

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10
Q

Name three responsibilities of a VESCP authority Program Administrator.

A
  • Completes annual report
  • Coordinates enforcement proceedings
  • Keeps records, collects fees, and updates local ordinances
  • Ensures plan review/inspections/enforcement actions are in accordance w/ laws, regulations, and local ordinances

(ESC Basic Binder - Modules 4 page 8)

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11
Q

What can a VESCP authority do if they need assistance with VESCP responsibilities?

A

A VESCP can enter into agreements or contracts with districts, adjacent localities, or other public or private entities

(ESC Basic Binder - Modules 4 page 9)

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12
Q

What are acceptable reasons for a locality to adopt more stringent regulations?

A
  • Address TMDL requirements
  • Protect exceptional state waters
  • address specific existing water pollution (nutrient and sediment loading, stream channel erosion, depleted groundwater, excessive localized flooding)
  • or prevent further degradation of water sources

(ESC Basic Binder - Modules 4 page 9)

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13
Q

If a locality is looking to adopt a more stringent ordinance that would help address stream channel erosion, what two things should be done?

A

Make sure the stricter ordinance is based upon factual findings or studies and hold a public hearing

Report the need for this ordinance to the board

(ESC Basic Binder - Modules 4 pages 9 and 10)

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14
Q

What type or organizations must submit annual standards and specifications for DEQ review?

A

Electric companies, natural gas companies, telephone utility companies, railroad companies, and interstate/intrastate natural gas pipeline companies

(ESC Basic Binder - Modules 4 page 11)

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15
Q

How long does DEQ have to review the submittal of annual standards and specifications?

A

60 days

ESC Basic Binder - Modules 4 page 11

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16
Q

What two ways can state agency LDAs be conducted?

A

Either in accordance with DEQ approved annual standards or after submitting ESC plans to DEQ for review and approval prior to land disturbance

(Module 4 / Page 12)

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17
Q

Approval of the ESC plan could be revoked and the person carrying out the plan shall be subject to penalties if a certain thing is not provided before starting land disturbance. What needs to be provided?

A

The name of the Responsible Land Disturber

ESC Basic Binder - Modules 4 page 14

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18
Q

In what two places can the RLD be designated?

A

Either on the ESC plans or permit

ESC Basic Binder - Modules 4 page 14

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19
Q

How long does a VESCP authority have to review an adequate ESC plan?

A

60 days

ESC Basic Binder - Modules 4 page 14

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20
Q

What happens if a VESCP authority does not take action on an ESC plan within the allocated time limit?

A

The ESC plan is approved and the person is authorized to start work

(ESC Basic Binder - Modules 4 page 14)

21
Q

How long does a VESCP authority have to review a resubmitted ESC plan?

A

45 days

ESC Basic Binder - Modules 4 page 15

22
Q

How long does a VESCP authority have to review an inadequate ESC plan and provide a written notice of disapproval stating the specific reason for disapproval, including the modifications, terms, and conditions that will permit approval?

A

45 days

ESC Basic Binder - Modules 4 page 15

23
Q

Under what circumstances can the VESCP authority require changes to an approved ESC plan?

A

Either inspections show the plan is inadequate or circumstances of the land disturbing activity have changed and the approved ESC plan cannot be carried out and changes are changes are agreed upon by the VESCP authority and the person responsible for carrying out the plan

(ESC Basic Binder - Modules 4 page 17)

24
Q

What can a variance do?

A

Waive or modify requirements that are deemed inappropriate or too restrictive for site conditions

(Module 4 / Page 17)

25
Q

True or False: a variance can only be requested at the time of plan submission.

A

False. During construction the person responsible for implementing the approved plan can request a variance if it is in writing to the VESCP authority.

(ESC Basic Binder - Modules 4 page 17)

26
Q

A variance will only “pass muster” when they meet what two criteria?

A

If the variance is…

  • reasonable
    And
  • supported by site specific rationale

(ESC Basic Binder - Modules 4 page 17)

27
Q

If a variance is requested during plan submission and the VESCP approves it, what is the next step the VESCP authority takes.

A

The VESCP authority documents the variance on the plan

ESC Basic Binder - Modules 4 page 17

28
Q

What happens if a variance requestis submitted to a VESCP authority during construction and the person responsible for carrying out land disturbance heard no response after 10 days.

A

The variance request is disapproved

ESC Basic Binder - Modules 4 page 18

29
Q

What is an erosion impact area?

A

An area of land not associated with current land-disturbing activity but subject to persistent soil erosion resulting in the delivery of sediment onto neighboring properties or into state waters.

(ESC Basic Binder - Modules 4 page 3)

30
Q

What can a VESCP authority do to an erosion impact area measuring 20,000 sq. ft.?

A

Require approval of an ESC plan since it is larger than 10,000 sq. ft.

(ESC Basic Binder - Modules 4 page 18)

31
Q

If a LDA covers more than one VESCP authority’s jurisdiction what can are some alternatives for plan review and approval?

A
  • Submit the plan to each jurisdiction
  • Request DEQ review the plan
  • Have the jurisdiction with the smaller portion of the project enter into an agreement with an adjacent VESCP regarding all or part of the project’s administrative procedures.

(Module 4 / Page 18)

32
Q

The permit agency may require an applicant to submit a reasonable performance bond. Why would a performance bond be required to issue a permit?

A

To ensure that measures could be taken by the agency at the applicant’s expense should they fail to maintain appropriate conservation action as a result of their land disturbance activity.

(Module 4 / Page 19)

33
Q

When would an applicant receive the refund of their security?

A

Within 60 days of achieving adequate stabilization.

Module 4 / Page 19

34
Q

What are the four times Erosion and Sediment Control Inspections should be completed?

A
  • Immediately following initial installation
  • At least once every two weeks
  • Within 48 hours following any runoff producing storm event
  • At the completion of the project prior to releasing any performance bonds

(Module 4 / Page 20)

35
Q

What do the DEQ the VESCP or any authorized agent of the DEQ or the VESCP have the right to do?

A

The right to enter any property to conduct inspections of the LDA at reasonable times and under reasonable circumstances.

(Module 4 / Page 20)

36
Q

When can a notice to comply be sent to the permitted or person responsible for carrying out the plan?

A

If after conducting inspections it is determined there is a failure to comply with the approved ESC plan or failure to properly install/maintain ESC measures specified by inspection reports.

(Module 4 / Page 21)

37
Q

What two things does a notice to comply need to include?

A
  1. Measures needed to comply with the ESC plan
  2. Time within which such measures shall be completed.

(Module 4 / Page 22)

38
Q

How can you serve a notice to comply?

A

-delivery at the site of the land disturbing activity to the agent or employee supervising such activities
Or
-mailing with confirmation of delivery to the address specified in the permit application or in the plan certification

(Module 4 / Page 21)

39
Q

What might occur if the applicant fails to comply within time specified in the notice to comply?

A
  • Permit may be revoked
  • VESCP authority may pursue penalties, injunctions, or other legal actions
  • VESCP may issue a stop work order

(Module 4 / Page 22)

40
Q

In what instances can a stop work order be issued where a notice to comply is not required prior to issuing a stop work order?

A
  • LDA started without an approved ESC plan or required permits
  • Alleged non-compliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the Commonwealth

(Module 4 / Page 22)

41
Q

If a Stop Work order is issued because of a “Failure to Comply” with the ESC plan, how long does the stop work order remain in effect?

A

For 7 days from the date of service

Module 4 / Page 23

42
Q

When can a stop work order that included only required corrective measures, be lifted?

A

Upon completion and approval of corrective action

Module 4 / Page 24

43
Q

If a Virginia Erosion and Sediment Control Law has been broken what would the individual be guilty of? What are the penalties?

A

They would be guilty of a Class 1 misdemeanor (confinement in jail for not more than twelve months and/or a fine of not more than $2,500)

(Module 4 / Page 29)

44
Q

Virginia Code 62.1-44.15:63 state the person holding this office “shall take legal action to enforce the provisions” of the VESCL?

A

The Attorney General for the Commonwealth

Module 4 / Page 29

45
Q

What actions can the DEQ take if a VESCP authority had deficiencies found during a compliance review?

A

The DEQ will provide results and compliance recommendations to the Board in the form of a corrective action agreement.

(Module 4 / Page 30)

46
Q

What does the Board have the authority to do if a VESCP authority has not implemented the necessary compliance actions?

A
  • Revoke the approval of the VESCP
  • Take legal action against the VESCP to ensure compliance
  • Issue a special order to any VESCP, imposing a civil penalty not to exceed $5,000 per day with the max amount per violation not to exceed $20,000

(Module 4 / Page 30)

47
Q

What happens when a county VESCP in a district has had their approval revoked?

A

The Board will approve the district to take over the program and it will adopt regulations to carry out the program.

(Module 4 / Page 30)

48
Q

What does “each VESCP authority” need to report to the Department of Environmental Quality based on section 62.1-44.15-59 of the Virginia Erosion and Sediment Control Law?

A

A listing of each land-disturbing activity for which a plan has been approved

(62.1-44.15:59 Reporting)

Virginia ESC (Basic) (9 decks)

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