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State Water Control Board adopts fee, permit and TMDL actions, approves $255.7M loan list
Summary
The State Water Control Board on Nov. 18 adopted final stormwater-fee amendments, approved TMDL waste‑load allocations and reissued general permits, and authorized execution of fiscal‑year 2026 Clean Water Revolving Loan Fund agreements covering 22 projects totaling $255,742,977.
The Virginia State Water Control Board on Nov. 18 adopted a package of regulatory and fiscal actions affecting stormwater permitting, water‑quality planning and clean‑water financing.
The board voted to adopt final amendments to the Virginia erosion and stormwater management regulation (9VAC25‑8‑75), responding to a 2024 budget directive that fees for stormwater permits be set at 60–62% of direct program costs. DEQ staff told the board that 2024 fee revenues covered less than 40% of the program’s costs and that the amendments include annual adjustments tied to the Consumer Price Index; staff recommended an effective date no earlier than July 1, 2026. "These changes provide permittees and localities notice of fee adjustments and allow localities to estimate fees several months in advance of the effective date to assist with their planning and budget needs," a staff presenter stated during the meeting.
The board also approved additions to the Water Quality Management and Planning regulation (9VAC25‑7‑20) to include waste‑load allocations developed from four total maximum daily load (TMDL) studies. Justin Williams of DEQ’s watershed office said the package includes 20 sediment allocations and four phosphorus allocations across the Potomac–Shenandoah, James River and Tennessee Big Sandy basins and is intended to guide permitting and nonpoint‑source implementation where impairments were identified.
Separately, the board adopted the reissuance of four Virginia Water Protection general permits (final citations presented by staff), changes that DEQ said reorganize and update references, restate a 10‑year general‑permit term and make minor corrections; the reissuance followed an August–October public comment period that produced two comments and one hearing.
On funding, DEQ recommended and the board authorized execution of the fiscal‑year 2026 Clean Water Revolving Loan Fund project priority list and loan agreements for 22 projects totaling $255,742,977. Megan Mayfield, director of DEQ’s Office of Clean Water Finance and Assistance, said the department received 27 applications totaling almost $475 million and that capacity analysis with the Virginia Resources Authority supports roughly $250 million in authorizations for the year. Mayfield said a small number of requests were reduced based on prior recent authorizations or eligibility rules; one land‑conservation request was declined because state code prioritizes wastewater‑eligible projects.
Votes were recorded by voice; in each case staff recommendations were moved, seconded and approved by the board during the Nov. 18 meeting. The board said it will receive and consider petitions under the Administrative Process Act where applicable.
What happens next: the regulatory amendments include implementation schedules (for example, CPI adjustments are to be calculated by Jan. 1 and become effective July 1 of the same year) and effective dates are set in the materials; DEQ will publish required notices and, where applicable, implement the adopted fee schedule and related changes.
