The Commonwealth of Virginia gave Loudoun County an inconsistent rating on its Erosion and Sediment Control Program (ESC), a reverse to the passing or nearly passing ratings the county has gotten used to since 1990.
This was pointed out by Terrance Wharton, director of the Department of Building and Development. "That's what concerns me, how they came to the conclusions they came to," he said. "We have more people now. We have a larger program."
Loudoun adopted an ESC program in the mid-1980's to offset the impacts of stormwater runoff, which can carry silt and pollutants from construction sites and other impervious surfaces into streams and rivers. Devices and controls, such as silt fences, diversion dikes and settling ponds, can help mitigate the impacts.
The Virginia Erosion and Sediment Control Law requires the Department of Conservation and Recreation (DCR) to periodically review local ESC programs for their effectiveness in meeting state law and regulations. In fall 2001, the DCR evaluated four components of the county's ESC program, giving inconsistent ratings for any components that failed to meet one or more of the minimum standards outlined in the state law and an overall consistent rating as long as all four components received consistent ratings.
LOUDOUN COUNTY'S ratings on the four components were inconsistent for the program's administration, plan review, inspection and enforcement, according to the March 27 report DCR submitted to the county. DCR evaluated the county's operation of its stormwater management program and the ordinances that back the program, the county's review and approval process for grading permits, the number of inspections the county conducts annually and the county's compliance procedures for insufficiencies found on a site.
"The county has made advances administratively," a letter from the DCR states. "The county's ESC program has developed a detailed policy and procedures manual, educational seminars and a grading database."
In past years, the county received a consistent rating in three of the categories and an inconsistency rating for the number of inspections the county conducted. The county conducted 4,734 inspections in the past three years, 3,495 of the inspections during fiscal year 2001. In 2000, the county received consistent ratings in all four categories when the staff increased from three to 10 inspectors. The new inspectors were in training at the time of the inspection.
"I was disappointed," said Supervisor Mark Herring (D-Leesburg). "I believed that the county's environmental program was very lax, and that was one of the things that I wanted to try to change. ... From this report, it still appears the county has a ways to go."
More than a year ago, the DCR revised the program review process, switching from a narrative evaluation to a more objective form, said Michelle Zalewski, urban program planner for the DCR.
"It doesn't mean the programs have gotten worse," Zalewski said. "We still have the same criteria set up in the regulation, but the questions we are asking are more thorough than we have done before."
THE COUNTY SUBMITTED a corrective action agreement, an action plan addressing the inconsistencies that is due to the state within 30 days of the review. The county submitted the agreement on May 5 and has not received a response from the DCR.
"We think we have taken the appropriate steps to bring ourselves into compliance," Wharton said. "Over the last eight months, we fixed any problems they identified, except going back to correct old inspection reports."
Before the DCR issued the report, Loudoun instituted new and higher fees for grading plans, increased development application fees and instituted new fees for erosion and soil control applications. Earlier this month, the Board of Supervisors adopted the Virginia Stormwater Management Handbook, which contains higher standards for stormwater management.
"I will be reviewing with the county staff what changes are being made to turn the situation around," Herring said. "County staff will report to the board on a quarterly basis about the steps being taken."