{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/62.1-44.15_49.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/62.1-44.15_49.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/62.1-44.15_49.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/62.1-44.15_49.1.html"}],"law_id":375016,"edition_id":2,"section_id":375016,"structure_id":53317,"section_number":"62.1-44.15:49.1","catch_line":"MS4 industrial and high-risk programs","history":"2018, c. 152.","full_text":"A\n\nAny locality that owns or operates a municipal separate storm sewer system that is subject to a discharge permit issued pursuant to this chapter shall have the authority to adopt and administer an industrial and high-risk runoff program for industrial and commercial facilities as part of its municipal separate storm sewer system management program.\n\nB\n\nThe Board shall not delegate to the locality the Board’s authority or responsibilities under the federal Clean Water Act (33 U.S.C. § 1251 et seq.) as to such industrial and commercial facilities.\n\nC\n\nUnless it is required to do so by the adoption on or after January 1, 2018, of a federal regulation or an amendment to the federal Clean Water Act (33 U.S.C. § 1251 et seq.), the Board shall not impose upon the locality, by permit issuance or reissuance, any municipal separate storm sewer system permit condition requiring that (i) an industrial or commercial facility also subject to a permit issued by the Board under this chapter be included in the locality’s industrial and high-risk runoff program, (ii) any state discharge monitoring reports or other required reports submitted by such a facility to the Department also be reviewed or enforced by the locality, or (iii) the locality impose additional monitoring requirements on a facility that exceed or conflict with the requirements of any permit issued by the Board under this chapter. The limitation contained in this subsection shall not be cause for the Board or the locality to initiate a major or minor modification of any municipal separate storm sewer system permit that is in effect as of January 1, 2018, during the term of that permit.\n\nD\n\nNotwithstanding the provisions of this section, the Board may, through a municipal separate storm sewer system permit that is issued to the locality, require a locality to refer any industrial or commercial facility to the Board or the Department if the locality becomes aware of a violation of any industrial stormwater management requirement contained in an individual or general Virginia Pollutant Discharge Elimination System permit issued to the facility pursuant to this chapter.\n\n","order_by":null,"text":{"0":{"id":1399756,"text":"Any locality that owns or operates a municipal separate storm sewer system that is subject to a discharge permit issued pursuant to this chapter shall have the authority to adopt and administer an industrial and high-risk runoff program for industrial and commercial facilities as part of its municipal separate storm sewer system management program.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1399757,"text":"The Board shall not delegate to the locality the Board’s authority or responsibilities under the federal Clean Water Act (33 U.S.C. § 1251 et seq.) as to such industrial and commercial facilities.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1399758,"text":"Unless it is required to do so by the adoption on or after January 1, 2018, of a federal regulation or an amendment to the federal Clean Water Act (33 U.S.C. § 1251 et seq.), the Board shall not impose upon the locality, by permit issuance or reissuance, any municipal separate storm sewer system permit condition requiring that (i) an industrial or commercial facility also subject to a permit issued by the Board under this chapter be included in the locality’s industrial and high-risk runoff program, (ii) any state discharge monitoring reports or other required reports submitted by such a facility to the Department also be reviewed or enforced by the locality, or (iii) the locality impose additional monitoring requirements on a facility that exceed or conflict with the requirements of any permit issued by the Board under this chapter. The limitation contained in this subsection shall not be cause for the Board or the locality to initiate a major or minor modification of any municipal separate storm sewer system permit that is in effect as of January 1, 2018, during the term of that permit.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":1399759,"text":"Notwithstanding the provisions of this section, the Board may, through a municipal separate storm sewer system permit that is issued to the locality, require a locality to refer any industrial or commercial facility to the Board or the Department if the locality becomes aware of a violation of any industrial stormwater management requirement contained in an individual or general Virginia Pollutant Discharge Elimination System permit issued to the facility pursuant to this chapter.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":53317,"edition_id":2,"name":"Virginia Erosion and Stormwater Management Act (VESMA)","identifier":"2.3","label":"article","depth":3,"order_by":6,"parent_id":53306,"metadata":{"child_laws":35,"child_structures":0},"date_created":"2026-08-02 03:14:45","date_modified":"2026-08-02 12:36:44","permalink":{"id":1496483,"object_type":"structure","relational_id":53317,"identifier":"2.3","token":"62.1\/3.1\/2.3","url":"\/62.1\/3.1\/2.3\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53306,"edition_id":2,"name":"State Water Control Law","identifier":"3.1","label":"chapter","depth":2,"order_by":6,"parent_id":53275,"metadata":{"child_laws":209,"child_structures":23},"date_created":"2026-08-02 03:14:40","date_modified":"2026-08-02 12:36:43","permalink":{"id":1496171,"object_type":"structure","relational_id":53306,"identifier":"3.1","token":"62.1\/3.1","url":"\/62.1\/3.1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53275,"edition_id":2,"name":"Waters of the State, Ports and Harbors","identifier":"62.1","label":"title","depth":1,"order_by":132,"parent_id":null,"metadata":{"child_laws":578,"child_structures":74},"date_created":"2026-08-02 03:14:05","date_modified":"2026-08-02 12:36:41","permalink":{"id":1495201,"object_type":"structure","relational_id":53275,"identifier":"62.1","token":"62.1","url":"\/62.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":374981,"structure_id":53317,"section_number":"62.1-44.15:24","catch_line":"Definitions","url":"\/62.1-44.15_24\/","token":"62.1\/3.1\/2.3\/62.1-44.15_24","metadata":{"court_decisions":{"0":{"name":"Appalachian Voices v. State Water Control Board","case_number":"18-1077; 18-1079","citation":"912 F.3d 746","date":"2019-01-14","url":"https:\/\/www.courtlistener.com\/opinion\/4581303\/appalachian-voices-v-state-water-control-board\/","abstract":" .\u202f.\u202f. GREGORY, Chief Judge: .\u202f.\u202f. ","court_html":"Court of Appeals for the Fourth Circuit"},"1":{"name":"Sierra Club v. State Water Control Board","case_number":"17-2406; 17-2433","citation":"898 F.3d 383","date":"2018-08-01","url":"https:\/\/www.courtlistener.com\/opinion\/4522813\/sierra-club-v-state-water-control-board\/","abstract":" .\u202f.\u202f. TRAXLER, Circuit Judge: .\u202f.\u202f. ","court_html":"Court of Appeals for the Fourth Circuit"}}}},{"id":374983,"structure_id":53317,"section_number":"62.1-44.15:25","catch_line":"Further powers and duties of the State Water Control Board","url":"\/62.1-44.15_25\/","token":"62.1\/3.1\/2.3\/62.1-44.15_25","metadata":{"court_decisions":""}},{"id":374982,"structure_id":53317,"section_number":"62.1-44.15:25.1","catch_line":"Additional local authority","url":"\/62.1-44.15_25.1\/","token":"62.1\/3.1\/2.3\/62.1-44.15_25.1","metadata":{"court_decisions":""}},{"id":374985,"structure_id":53317,"section_number":"62.1-44.15:26","catch_line":"Repealed","url":"\/62.1-44.15_26\/","token":"62.1\/3.1\/2.3\/62.1-44.15_26","metadata":{"court_decisions":""}},{"id":374984,"structure_id":53317,"section_number":"62.1-44.15:26.1","catch_line":"Termination of Construction General Permit coverage","url":"\/62.1-44.15_26.1\/","token":"62.1\/3.1\/2.3\/62.1-44.15_26.1","metadata":false},{"id":374990,"structure_id":53317,"section_number":"62.1-44.15:27","catch_line":"Virginia Programs for Erosion Control and Stormwater Management","url":"\/62.1-44.15_27\/","token":"62.1\/3.1\/2.3\/62.1-44.15_27","metadata":false},{"id":374986,"structure_id":53317,"section_number":"62.1-44.15:27.1","catch_line":"Virginia Stormwater Management Programs administered by the Board","url":"\/62.1-44.15_27.1\/","token":"62.1\/3.1\/2.3\/62.1-44.15_27.1","metadata":{"court_decisions":""}},{"id":374987,"structure_id":53317,"section_number":"62.1-44.15:27.2","catch_line":"Rural Tidewater localities; water quantity technical criteria; tiered approach","url":"\/62.1-44.15_27.2\/","token":"62.1\/3.1\/2.3\/62.1-44.15_27.2","metadata":{"court_decisions":""}},{"id":374988,"structure_id":53317,"section_number":"62.1-44.15:27.3","catch_line":"Acceptance of signed and sealed plan in lieu of local plan review","url":"\/62.1-44.15_27.3\/","token":"62.1\/3.1\/2.3\/62.1-44.15_27.3","metadata":false},{"id":374989,"structure_id":53317,"section_number":"62.1-44.15:27.4","catch_line":"Department acceptance of plans in lieu of plan review","url":"\/62.1-44.15_27.4\/","token":"62.1\/3.1\/2.3\/62.1-44.15_27.4","metadata":{"court_decisions":""}},{"id":374992,"structure_id":53317,"section_number":"62.1-44.15:28","catch_line":"Development of regulations","url":"\/62.1-44.15_28\/","token":"62.1\/3.1\/2.3\/62.1-44.15_28","metadata":false},{"id":374991,"structure_id":53317,"section_number":"62.1-44.15:28.1","catch_line":"Pollutant removal by dredging","url":"\/62.1-44.15_28.1\/","token":"62.1\/3.1\/2.3\/62.1-44.15_28.1","metadata":false},{"id":374995,"structure_id":53317,"section_number":"62.1-44.15:29","catch_line":"Virginia Stormwater Management Fund","url":"\/62.1-44.15_29\/","token":"62.1\/3.1\/2.3\/62.1-44.15_29","metadata":{"court_decisions":""}},{"id":374993,"structure_id":53317,"section_number":"62.1-44.15:29.1","catch_line":"Stormwater Local Assistance Fund","url":"\/62.1-44.15_29.1\/","token":"62.1\/3.1\/2.3\/62.1-44.15_29.1","metadata":{"court_decisions":""}},{"id":374994,"structure_id":53317,"section_number":"62.1-44.15:29.2","catch_line":"Stormwater Local Assistance Fund, estimate of requests","url":"\/62.1-44.15_29.2\/","token":"62.1\/3.1\/2.3\/62.1-44.15_29.2","metadata":{"court_decisions":""}},{"id":374997,"structure_id":53317,"section_number":"62.1-44.15:30","catch_line":"Training and certification","url":"\/62.1-44.15_30\/","token":"62.1\/3.1\/2.3\/62.1-44.15_30","metadata":{"court_decisions":""}},{"id":374998,"structure_id":53317,"section_number":"62.1-44.15:31","catch_line":"Standards and specifications for state agencies, federal entities, and other specified entities","url":"\/62.1-44.15_31\/","token":"62.1\/3.1\/2.3\/62.1-44.15_31","metadata":{"court_decisions":""}},{"id":374999,"structure_id":53317,"section_number":"62.1-44.15:32","catch_line":"Repealed","url":"\/62.1-44.15_32\/","token":"62.1\/3.1\/2.3\/62.1-44.15_32","metadata":false},{"id":375000,"structure_id":53317,"section_number":"62.1-44.15:33","catch_line":"Authorization for more stringent ordinances","url":"\/62.1-44.15_33\/","token":"62.1\/3.1\/2.3\/62.1-44.15_33","metadata":{"court_decisions":""}},{"id":375001,"structure_id":53317,"section_number":"62.1-44.15:34","catch_line":"Regulated activities; 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","court_html":"SCV<\/abbr>"}}}},{"id":375014,"structure_id":53317,"section_number":"62.1-44.15:47","catch_line":"Repealed","url":"\/62.1-44.15_47\/","token":"62.1\/3.1\/2.3\/62.1-44.15_47","metadata":false},{"id":375015,"structure_id":53317,"section_number":"62.1-44.15:48","catch_line":"Penalties, injunctions, and other legal actions","url":"\/62.1-44.15_48\/","token":"62.1\/3.1\/2.3\/62.1-44.15_48","metadata":false},{"id":375017,"structure_id":53317,"section_number":"62.1-44.15:49","catch_line":"Enforcement authority of MS4 localities","url":"\/62.1-44.15_49\/","token":"62.1\/3.1\/2.3\/62.1-44.15_49","metadata":{"court_decisions":""}},{"id":375016,"structure_id":53317,"section_number":"62.1-44.15:49.1","catch_line":"MS4 industrial and high-risk programs","url":"\/62.1-44.15_49.1\/","token":"62.1\/3.1\/2.3\/62.1-44.15_49.1","metadata":false},{"id":375024,"structure_id":53317,"section_number":"62.1-44.15:50","catch_line":"Cooperation with federal and state agencies","url":"\/62.1-44.15_50\/","token":"62.1\/3.1\/2.3\/62.1-44.15_50","metadata":{"court_decisions":""}}],"previous_section":{"id":375017,"structure_id":53317,"section_number":"62.1-44.15:49","catch_line":"Enforcement authority of MS4 localities","url":"\/62.1-44.15_49\/","token":"62.1\/3.1\/2.3\/62.1-44.15_49","metadata":{"court_decisions":""}},"next_section":{"id":375024,"structure_id":53317,"section_number":"62.1-44.15:50","catch_line":"Cooperation with federal and state agencies","url":"\/62.1-44.15_50\/","token":"62.1\/3.1\/2.3\/62.1-44.15_50","metadata":{"court_decisions":""}},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.15:49.1\/","history_text":"

This law was first created in 2018. The record of its establishment is cataloged in chapter 152<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":1496617,"object_type":"law","relational_id":375016,"identifier":"62.1-44.15:49.1","token":"62.1\/3.1\/2.3\/62.1-44.15_49.1","url":"\/62.1-44.15_49.1\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/62.1-44.15_49.1\/","token":"62.1\/3.1\/2.3\/62.1-44.15_49.1","dublin_core":{"Title":"MS4 industrial and high-risk programs","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.15:49.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any locality that owns or operates a municipal separate storm sewer<\/span> system that is subject to a discharge permit<\/span> issued pursuant to this chapter shall have the authority to adopt and administer an industrial and high-risk runoff program for industrial and commercial facilities as part of its municipal separate storm sewer<\/span> system management program<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Board<\/span> shall not delegate to the locality the Board<\/span>’s authority or responsibilities under the federal Clean Water Act (33 U.S.C. § 1251 et seq.) as to such industrial and commercial facilities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Unless it is required to do so by the adoption on or after January 1, 2018, of a federal regulation<\/span> or an amendment to the federal Clean Water Act (33 U.S.C. § 1251 et seq.), the Board<\/span> shall not impose upon the locality, by permit<\/span> issuance or reissuance, any municipal separate storm sewer<\/span> system permit<\/span> condition requiring that (i) an industrial or commercial facility also subject to a permit<\/span> issued by the Board<\/span> under this chapter be included in the locality’s industrial and high-risk runoff program, (ii) any state discharge monitoring reports or other required reports submitted by such a facility to the Department<\/span> also be reviewed or enforced by the locality, or (iii) the locality impose additional monitoring requirements on a facility that exceed or conflict with the requirements of any permit<\/span> issued by the Board<\/span> under this chapter. The limitation contained in this subsection shall not be cause for the Board<\/span> or the locality to initiate a major or minor<\/span> modification of any municipal separate storm sewer<\/span> system permit<\/span> that is in effect as of January 1, 2018, during the term of that permit<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Notwithstanding the provisions of this section, the Board<\/span> may, through a municipal separate storm sewer<\/span> system permit<\/span> that is issued to the locality, require a locality to refer any industrial or commercial facility to the Board<\/span> or the Department<\/span> if the locality becomes aware of a violation of any industrial stormwater management requirement contained in an individual or general Virginia Pollutant Discharge Elimination System permit<\/span> issued to the facility pursuant to this chapter. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMS4 INDUSTRIAL AND HIGH-RISK PROGRAMS (\u00a7 62.1-44.15:49.1)\n\nA. Any locality that owns or operates a municipal separate storm sewer system\nthat is subject to a discharge permit issued pursuant to this chapter shall have\nthe authority to adopt and administer an industrial and high-risk runoff program\nfor industrial and commercial facilities as part of its municipal separate storm\nsewer system management program.\n\nB. The Board shall not delegate to the locality the Board’s authority or\nresponsibilities under the federal Clean Water Act (33 U.S.C. § 1251 et\nseq.) as to such industrial and commercial facilities.\n\nC. Unless it is required to do so by the adoption on or after January 1, 2018,\nof a federal regulation or an amendment to the federal Clean Water Act (33\nU.S.C. § 1251 et seq.), the Board shall not impose upon the locality, by\npermit issuance or reissuance, any municipal separate storm sewer system permit\ncondition requiring that (i) an industrial or commercial facility also subject\nto a permit issued by the Board under this chapter be included in the\nlocality’s industrial and high-risk runoff program, (ii) any state\ndischarge monitoring reports or other required reports submitted by such a\nfacility to the Department also be reviewed or enforced by the locality, or\n(iii) the locality impose additional monitoring requirements on a facility that\nexceed or conflict with the requirements of any permit issued by the Board under\nthis chapter. The limitation contained in this subsection shall not be cause for\nthe Board or the locality to initiate a major or minor modification of any\nmunicipal separate storm sewer system permit that is in effect as of January 1,\n2018, during the term of that permit.\n\nD. Notwithstanding the provisions of this section, the Board may, through a\nmunicipal separate storm sewer system permit that is issued to the locality,\nrequire a locality to refer any industrial or commercial facility to the Board\nor the Department if the locality becomes aware of a violation of any industrial\nstormwater management requirement contained in an individual or general Virginia\nPollutant Discharge Elimination System permit issued to the facility pursuant to\nthis chapter.\n\nHISTORY: 2018, c. 152.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}