Controlling nonpoint pollution in Virginia's urbanizing areas: an institutional perspective

This paper evaluates the effectiveness of the institutional framework of the Commonwealth of Virginia in the implementation and enforcement of nonpoint source (NPS) pollution control measures in the state's urbanizing areas. The institutional framework is developed primarily around the existing governmental framework. The federal, state and local roles are examined in terms of the relevant legislative and executive NPS control activities already taking place. The judicial function is considered in terms of constitutional guarantees of protection of private property and the potential for liability stemming from the implementation of structural and nonstructural best management practices (BMP's). Three generic categories of BMP's are evaluated in light of this institutional environment: on-site BMP's, off-site BMP's and nonstructural BMP's. Where they are relevant, various subcategories of the institutional environment are examined: mechanisms and responsibility for financing and maintenance, managing future urban growth and mediating interjurisdictional arrangements. The introduction and first four chapters develop this material and the final chapter is an analysis of the existing state programs (the Erosion and Sediment Control Law and the State Water Control Board's voluntary Urban NPS Control and Abatement Program). The product of this analysis is the conclusion that both state programs analyzed are weak due to a lack of state oversight. In addition, the Erosion and Sediment Control Program could be strengthened by amending the law to add a viable "stop work" order and by defining violations as being civil rather than criminal (misdemeanors) violations.

Name thesis:degree_name

M.S.

Level thesis:degree_level

masters

Discipline thesis:degree_discipline

Civil Engineering

Department dc:contributor.department

Civil Engineering

Grantor dc:publisher

Virginia Polytechnic Institute and State University

Year dc:date.issued

1986

Author dc:creator

• Wells, Gordon Marshall

Statement dc:rights

• In Copyright

Licence dc:rights.uri

• http://rightsstatements.org/vocab/InC/1.0/

Language dc:language.iso

en

Handle dc:identifier.uri

http://hdl.handle.net/10919/101332

OAI identifier oai:identifier

oai:vtechworks.lib.vt.edu:10919/101332