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. / M.S.
| Identifer | oai:union.ndltd.org:VTETD/oai:vtechworks.lib.vt.edu:10919/101332 |
| Date | January 1986 |
| Creators | Wells, Gordon Marshall |
| Contributors | Civil Engineering |
| Publisher | Virginia Polytechnic Institute and State University |
| Source Sets | Virginia Tech Theses and Dissertation |
| Language | English |
| Detected Language | English |
| Type | Thesis, Text |
| Format | ix, 158 leaves, application/pdf, application/pdf |
| Rights | In Copyright, http://rightsstatements.org/vocab/InC/1.0/ |
| Relation | OCLC# 13978210 |
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