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ARTICLE · 04 APRIL 2022

Virginia DEQ Issues More Stringent Stormwater Management Policy For Solar Projects

Williams Mullen
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On March 29, 2022, Michael Rolband, the director of the Virginia Department of Environmental Quality (DEQ), issued a memorandum implementing a new and much more stringent post-development stormwater

United StatesEnergy and Natural Resources
Bradley Nowak
Bradley Nowak
Patrick A. Cushing
Patrick A. Cushing
Christopher J. (Chris) McDonald
Christopher J. (Chris) McDonald
Henry R. Pollard, V
Henry R. Pollard, V

On March 29, 2022, Michael Rolband, the director of the Virginia Department of Environmental Quality (DEQ), issued a memorandum implementing a new and much more stringent post-development stormwater management policy for solar projects that are subject to Virginia Stormwater Management Program (VSMP) requirements related to Virginia Pollutant Discharge Elimination System (VPDES) permitting for construction activity-related stormwater discharges. The new policy went into effect immediately and applies to any solar project for which its stormwater management (SWM) plan had not been approved prior to March 29, 2022 "regardless of the stage of design."

Prior to this new policy, DEQ has not required solar projects that are subject to VPDES construction stormwater permitting to account for solar panels as impervious surfaces when applying VSMP post-development stormwater management technical criteria and performing related runoff calculations to determine water

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