The Aggregate Producer members of the Virginia Transportation Construction Alliance (VTCA) support the updates to the Manual, and DEQ’s efforts to keep the Manual up-to-date.  VTCA offers the following comment regarding Chapter 11.

First, Section 11.8.2 recognizes and acknowledges that occasionally there can be impacts that occur as a result of circumstances beyond a responsible party’s control, such as extreme weather events.  Certain water programs recognize and address such circumstances in “bypass” and “upset” provisions.   However, such emergency situations are not provided for in the VWP permit program.  VTCA notes that extreme weather events are increasing, and could lead to emergency situations that impact our members’ operations.  Accordingly, VTCA urges DEQ to consider adding or recognizing such conditions in the VWP program, as well as in all other water permitting programs.  While such a change could not be made in this Manual, VTCA supports the language recognizing that such situations can occur, and the need for DEQ to work with the regulated community to plan for and address such situations.

Section 11.8.3 discusses the potential overlap between the construction stormwater programs and the VWP program.  This section states that staff should not pursue compliance or enforcement action unless sediment from a construction project has been discharged to the extent that it creates a measurable depth of fill.  Such enforcement discretion is helpful, and could serve as a useful tool in the broader context of addressing emergency situations resulting from extreme weather events.

Thank you for the opportunity to provide these comments.  VTCA looks forward to continued discussions with DEQ regarding how best to address the impacts of extreme weather events on our members’ operations within the context of DEQ’s regulatory programs.