[From the U.S. Government Printing Office, www.gpo.gov]

                                                                                          TaSk bU FY 9U
                                                                                          Final Work Product








                                         City of Richmond



                                                              M0






                                                             GX



                                           MASTER PLAN
                      Environmental Element


                                                       DRAFT
                                                          2/21/92













                    This document was funded, in part, by the Vii-11111111 Council Oil the Environment's Coastal
                                                               I
                      Zone Management Program through gnuit IlUmber NA90AA-H-CZ796 of the National
                                                     't@
                   Oceanic and Atmospheric AdministratiOll Under the Coastal Zone Management Act of 1972,
                                                        kis .1mended.










                                                  TABLE OF CONTENTS

                                                                                                            PAGE
                     CHAPTER I              INTRODUCTION
                                            Why This Master Plan Amendment?                                   1-1
                                            Purposes of the Environmental Element                             1-2
                                            Process: The Community's Plan                                     1-2
                                            Principles                                                        1-3
                                            Overview                                                          1-4



                     CHAPTER 2              SUMMARY
                                            Introduction                                                      2-1
                                            Environmental Issues                                              2-1
                                            General Issues                                                    2-7
                                            Environmental Context                                             2-7
                                            Goals and Objectives                                             2-10
                                            Implementation Overview                                          2-14


                     CHAPTER 3              WATER RESOURCES
                                            Introduction                                                      3-1
                                            Goal                                                              3-3
                                            Current Water Quality Programs                                    3-4
                                            Stormwater Management and Drainage                                3-9
                                           -Groundwater                                                      3-15
                                            In-Stream Flow                                                   3-19
                                            Water Conservation                                               3-20
                                            Dfinking_Water                                                   3-22
                                            A Regional Approach to Water Issues                              3-27


                     CHAPTER 4              NATURAL FEATURES
                                            Introduction                                                      4-1
                                            Goal                                                              4-2
                                            Urban Landscape                                                   4-2
                                            Urban Wildlife and Habitat                                        4-4
                                            Urban Fisheries Management                                        4-8
                                            Environmentally Sensitive Areas                                  4-10
                                            Urban Open Space                                                 4-13
                                            River Protection and Enhancement                                 4-20
                                            General Land Use                                                 4-26










                     CHAPTER 5               SOLID WASTE
                                             Introduction                                                    5-1
                                             Goal                                                            5-1
                                             Waste reduction and Recycling                                   5-2
                                             Resource Recovery                                              5-13
                                             Landfilling                                                    5-16
                                             Sludge Disposal                                                5-19
                                             Hazardous Materials and Special Wastes                         5-20
                                             Central Virginia Waste Management Authority                    5-29


                     CHAPTER 6               AIR QUALITY
                                             Introduction                                                    6-1
                                             Goal                                                            6-3
                                             Vehicular Emissions                                             6-3
                                             Energy Generation                                               6-8
                                             Energy Conservation and Management                             6-11
                                             Clean Indoor Air
                                             Electromagnetism                                               6-18
                                             Air Quality and Economic Development                           6-20


                     CHAPTER 7               NOISE
                                             Introduction                                                    7-1
                                             Goal                                                            7-1
                                             Aircraft and Airport Noise                                      7-2
                                             Highway and Transportation Noise                                7-4
                                             Neighborhood Noise                                              7-9


                     CHAPTER 8               GENERAL ISSUES
                                             Introduction                                                    8-1
                                             Regulatory Coordination                                         8-1
                                             Environmental Review Program                                    8-4
                                             Public Education                                                8-5



                     CHAPTER 9               IMPLEMENTATION
                                             Introduction                                                    9-1
                                             Land Use Plan                                                   9-1
                                             Summary of Policies and Recommendations                         9-2
                                             Water Resources                                                 9-2
                                             Natural FeatUres                                                9-3
                                             Solid Waste                                                     9-5
                                             Air Quality                                                     9-6
                                             Noise                                                           9-7
                                             Broad Environmental Issues                                      9-8



                     LEGAL APPENDIX




















                             INTRODUCTION
                                                         . Chapter I





                      Chal2ter I                                                              INTRODUCTION


                      WHY THIS MASTER PLAN AMENDMENT?

                                                       The City of Richmond adopted its first Master Plan to guide
                                                       development of the City in 1946, and since then has
                                                       amended and updated the Plan several times. The current
                                                       Master Plan consists of three elements: a City-wide revision
                                                       approved by City Council in 1983, the Downtown Plan
                                                       approved as a major amendment in 1984, and the Housing
                                                       Plan approved in 1988. This environmental element is yet
                                                       another amendment which greatly expands the City's efforts
                                                       to protect our natural heritage for present and future
                                                       generations.

                                                       There are few simple solutions to environmental problems.
                                                       It is only through a comprehensive strategy that the City can
                                                       adequately address all the key environmental issues without
                                                       creating undesirable imbalances or unforeseen side effects.
                                                       In formulating this element many environmental issues were
                                                       analyzed as were the laws and programs which affect them.

                                                       The City is faced with many mandates from the State and
                                                       Federal governments which require the local implementation
                                                       of environmental programs. The threat of lawsuits or
                                                       withholding of funds is very real if the City does not
                                                       comply. There is also a need to make sense of the
                                                       bewildering array of requirements at all levels of government
                                                       so that compliance is accornpl i shed as efficiently as possible.

                                                       Tangible benefits of employing a comprehensive
                                                       environmental strategy include:

                                                           LIVEABILITY: Richmond has innumerable attributes
                                                           which make it a very attractive place to live and work.
                                                           Proper stewardship of the City's parks, urban landscape,.
                                                           and other elements of the natural environment is essential
                                                           to maintaining liveability.

                                                           ECONOMIC DEVELOPMENT: The qualities which
                                                           make Richmond attractive to current residents also make
                                                           it attractive to prospective residents, businesses, and
                                                           visitors. The MItUral environment is a critical element in
                                                           the marketability of the City and is of primary importance
                                                           to its economic base.

                                                           COMPREHENSIVE APPROACH: Many initiatives are
                                                           already being Un0ertaken by the City to protect or
                                                           improve the environment; however, coordination and
                                                           consistency Lire often lacking. A more comprehensive
                                                           approach will ensure that available resources are used in
                                                           an efficient manner for environmental protection.





                      DRAFT 2/21/92






                      Chapter I                                                           INTRODUCTION


                                                     This master plan environmental element represents the first
                                                     comprehensive policy guidance offered in this complicated
                                                     are n a.


                      PURPOSES OF THE ENVIRONMENTAL ELEMENT


                                                     The environment is affected by the actions of the business
                                                     community, City government, and thousands of private
                                                     citizens.   As a part of the City's Master Plan, the
                                                     environmental element provides a framework to guide
                                                     businesses, residents, and community leaders in making
                                                     decisions which are sensitive to the environment.
                                                     Specifically, it sets forth policies and directions for City
                                                     actions, and recommends projects and programs which will
                                                     prevent or reduce environmental degradation.

                                                     Amendments to the Land Use Plan which guides private and
                                                     public development are recommended as are policies to
                                                     enhance protection of natural features, improve water
                                                     quality, protect wildlife habitat, and otherwise guide more
                                                     sensitive development.         In addition, this element
                                                     recommends new programs and regulations, and provides a
                                                     framework for coordination of existing programs for the
                                                     purpose of making compliance as simple and equitable as
                                                     possible. Finally, the environmental element recommends
                                                     establishment of a comprehensive public education program
                                                     to garner public involvement in and support of
                                                     environmental projects and programs.

                      PROCESS: THE COMMUNITY'S PLAN

                                                     A concerted effort has been made to make certain that this
                                                     Master Plan amendment reflects the desires of the citizens of
                                                     Richmond. The document is the work of the Environmental
                                                     Plan Advisory Committee appointed by the City Planning
                                                     Commission and composed of members representing a wide
                                                     cross-section of the community. As a result, the Advisory
                                                     Committee represented a full range of ideologies from
                                                     conservative business philosophy to strong environmental
                                                     advocacy.

                                                     The Advisory Committee was carefully chosen to include
                                                     members of Richmond's environmental groups and
                                                     representatives of small business and industry, real estate
                                                     and development, transportation, and each of the
                                                     neighborhood teams. City department heads who will be
                                                     directly responsible for implementation of the environmental
                                                     element were also involved throughout the planning process
                                                     to ensure full understanding and support of its
                                                     recommendations.






                      DRAFT 2/14/92                                                                              1-2






                     Chapter I                                                          INTRODUCTION


                                                   The Committee spent eighteen months together investigating
                                                   environmental issues, developing goals and objectives,
                                                   preparing recommended policies and other actions, and
                                                   reviewing them with the public and City officials prior to
                                                   making final recommendations. The formal adoption
                                                   process included wveral advertked public information
                                                   meetings for public input to the draft document, review and
                                                   recommendation by the City Planning Commission, and a
                                                   final public hearing prior to approval by City Council.

                                                   The necessary research was conducted by the staff of the
                                                   City's Department of Community Development aided by
                                                   personnel from the Richmond Regional Planning District
                                                   Commission and the Virginia Council on the Environment.
                                                   Technical work included extensive research of the legal and
                                                   regulatory framework at each level of government and
                                                   compilation of data from existing City sources (including
                                                   staff files, existing or in-progress reports by the City or
                                                   consultants, and interviews of staff), State agencies, and
                                                   other jurisdictions. Summary data and small scale maps are
                                                   presented in this document; however, in most cases more
                                                   detailed information and larger scale maps were used in the
                                                   plan formulation process. Much of this data will be
                                                   maintained by the Department of Community Development
                                                   to aid in implementation of the environmental element.

                     PRINCIPLES

                                                   The environmental element is based upon several
                                                   fundamental principles:

                                                   PUBLIC HEALTH
                                                   The City is responsible for protecting the public health,
                                                   safety, and welfare. This responsibility is paramount in all
                                                   decisions made which affect the environment.

                                                   ECONOMIC VIABILITY
                                                   A healthy and attractive physical environment is essential to
                                                   the City's continued economic viability. Proper stewardship
                                                   of land, water, and other elements of the environment is
                                                   necessary to the maintenance of property values. Expedient
                                                   actions oriented toward short term gain which do not
                                                   properly conserve environmental resources for the long term
                                                   should be resisted as detrimental to the public welfare.

                                                   LIVEABILITY OF NEIGHBORHOODS
                                                   Richmond is a desirable place to live in part because of the
                                                   quality of its neighborhoods. Gradual erosion of this living
                                                   environment through the cumulative impact of many small,
                                                   but unwise, compromises erodes the quality of life and
                                                   cannot be tolerated.





                    DRAFT 2/14/92                                                                             1-3






                     Chuter I                                                          INTRODUCTION


                                                   REASONABLENESS
                                                   A reasonable balance must be maintained between the
                                                   commitment to environmental protection and economic
                                                   realities. The cost of implementation should not be out of
                                                   proportion to the environmental benefit, especially in cases
                                                   where the benefit may be unclear or untested.

                     OVERVIEW

                                                   This environmental element is composed of eight additional
                                                   chapters:

                                                       A Summary, which includes a synthesis of
                                                       environmental issues, environmental context, and goals
                                                       and objectives;

                                                       six chapters, one each for Water Resources, Natural
                                                       Features, Solid Waste, Air Quality, Noise, and
                                                       General Issues which           contain      background
                                                       information, policy guidance, and recommended
                                                       programs, actions, and physical improvements to be
                                                       undertaken; and

                                                       an Implementation chapter which summarizes policies
                                                       and recommendations for each of the above issues.

































                     DRAFT 2/14/92                                                                           1-4




















                                     SUMMARY
                                                   Chapter 2






                      Chal2ter 2                                                                      SUMMARY


                      INTRODUCTION

                                                      This chapter summarizes the environmental element,
                                                      reviewing the major environmental issues addressed by the
                                                      element: water resources, natural features, solid waste, air
                                                      quality, and noise; general issues such as regulatory
                                                      coordination, development of an environmental review
                                                      process, and public education; environmental context
                                                      including regulations and programs, population and
                                                      economic conditions in the City, and land use and
                                                      development. The chapter also summarizes goals and
                                                      objectives developed by the Environmental Plan Advisory
                                                      Committee and implementation mechanisms.

                      ENVIRONMENTAL                  ISSUES

                                                      Environmental issues have been divided into six groups to
                                                      simplify their analysis and presentation: Water Resources,
                                                      Natural Features, Solid Waste, Air Quality, and Noise.
                                                      Highlights of environmental issues and recommendations are
                                                      summarized below and treated in depth in each chapter under
                                                      the headings highlighted in bold type. Within each group the
                                                      issues are closely interrelated; many issues also strongly
                                                      affect other groups, underscoring the fact that complete
                                                      separation into such arbitrary categories does not truly reflect
                                                      the unified nature of the eco-system.

                                                      WATER RESOURCES
                                                      Water resources affect nearly all aspects of the environment
                                                      in a complex, integrated natural system. A complicated array
                                                      of laws and programs seeks to address the many issues
                                                      related to water quality and supply. A key recommendation
                                                      of this chapter is to establish a mechanism for periodic
                                                      evaluation and amendment of the City's Current Water
                                                      Quality Programs to ensure proper coordination and
                                                      consistency among programs, and to ensure that solutions
                                                      incorporate changing technology and attitudes throughout the
                                                      implementation process.

                                                      Most industries discharge their wastewater into the City's
                                                      sewer system. The City has established a pretreatment
                                                      program requifing those industries to treat wastewater prior
                                                      to discharge into the public sewer system. This program
                                                      was necessary to ensure that the sewage treatment plant
                                                      meets its Virginia Pollutant Discharge Elimination System
                                                      (VPDES) permit standards. In Richmond there are twelve
                                                      VPDES permitted dischargers to surface waters, including
                                                      the sewage treatment plant and various industries.

                                                      Combined Sewer Overflows (CSOs) constitute Richmond's
                                                      most significant water quality issue. A CSO event occurs
                                                      when large Volumes of stormwater runoff exceeds the
                                                      capacity of the combined sewer system causing raw sewage


                      DRAFT 2/14/92                                                                                 2-1





                      Chapter 2                                                                    SUMMARY


                                                     mixed with stormwater runoff to be discharged into the
                                                     James River. A CSO Control Plan has been developed
                                                     and approved by the EPA and the State Water Control Board
                                                     which will rectify the overflow problem.

                                                     The City's Fros;on and Sed;ment Control regulations
                                                     have required erosion control City-wide as part of the land
                                                     development process since 1976. The Chesapeake Bay
                                                     Preservation Program regulates development in
                                                     designated Chesapeake Bay Preservation Areas. Within
                                                     these areas certain performance criteria are required for the
                                                     purpose of improving water quality. A more comprehensive
                                                     stormwater control strategy/program is recommended in the
                                                     Stormwater Management and Drainage section to
                                                     better coordinate all stormwater quality and quantity efforts.
                                                     A stormwater utility is recommended as a financing
                                                     mechanism for stormwater control programs.

                                                     Soil and Groundwater contamination have resulted from a
                                                     variety of sources which are addressed primarily in the
                                                     Water Resources chapter. Of the approximately 7,000
                                                     underground storage tanks (USTs) which hold permits
                                                     under the State UST program, only about two dozen require
                                                     remedial measures or monitoring by the State. There are no
                                                     Superfund sites in the City, but there are 12 less severely
                                                     contaminated sites which are being monitored by the State
                                                     Department of Waste Management.

                                                     Water supply is addressed in several sections of the
                                                     environmental element. In-Stream Flow addresses the
                                                     need for water withdrawal management to minimize adverse
                                                     effects on designated beneficial uses such as domestic water
                                                     supply, waste assimilation, and cultural, aesthetic, habitat,
                                                     and recreation uses. Water Conservation recommends
                                                     that the entire Richmond region employ water conservation
                                                     techniques for the benefit all users of James River water.

                                                     Drinking Water Supply Protection is an issue of
                                                     cooperation with other jurisdictions and careful land
                                                     development practices to maintain surface water quality.
                                                     Drinking Water Quality is excellent as it leaves the
                                                     Richmond Water Treatment Plant, but is a problem in some
                                                     homes and, perhaps, neighborhoods where lead or other
                                                     contaminants may leech into the water from water pipes and
                                                     other sources. Sampling and further study of the problem
                                                     are recommended. A Regional Approach to Water
                                                     Issues is needed to achieve reasonable consistency of
                                                     regulatory programs to avoid imbalances within metropolitan
                                                     Richmond and to deal with issues of in-stream flow,
                                                     conservation, and water supply planning.






                     DRAFT 2/14/92                                                                               2-2






                     Chapter 2                                                                     SUMMARY


                                                    NATURAL FEATURES
                                                    Natural Features directly shape the urban environment of
                                                    Richmond. Protection of these features is important to
                                                    maintaining the quality of life within the City.

                                                    Two complementary efforts are recommended to preserve
                                                    and enhance the Urban Landscape. A municipal
                                                    landscape management program is proposed through which
                                                    the City can better preserve and maintain vegetation, plant or
                                                    replace trees and other vegetation, and establish means for
                                                    citizens or organizations to participate in such efforts. A
                                                    landscape ordinance is also recommended to enhance private
                                                    development projects through design review and
                                                    requirements to preserve vegetation, establish buffers,
                                                    landscape parking lots, and provide other landscape
                                                    improvements.

                                                    Preservation of Urban Wildlife Habitat is recommended
                                                    as is development of a habitat management plan to identify
                                                    particular areas of habitat which should be preserved, areas
                                                    suitable for public access, development guidelines to aid in
                                                    habitat preservation, and mechanisms for public support.
                                                    Urban Fisheries Management is a similar area of
                                                    concern in which a Fisheries Management Plan is proposed
                                                    to expand fishing opportunities while providing for the
                                                    maintenance and policing of fishing access points.

                                                    Environmentally Sensitive Areas needing special
                                                    protection include wetlands, subaqueous bottomlands, soils
                                                    of high erodibility, floodplains, and geologic features such
                                                    as steep slopes. Various actions are recommended including
                                                    identification of sensitive areas, incorporation of provisions
                                                    to encourage their protection into development review
                                                    processes, refinement of floodplain management tools to
                                                    broaden their purposes, and integration of environmentally
                                                    sensitive area protection into the proposed stormwater
                                                    control strategy/program.

                                                    Urban Open Space enhancement and expansion are
                                                    recommended through a park master plan which will
                                                    reevaluate standards of adequacy and accessibility of the
                                                    City's open space system, identify appropriate expansion
                                                    opportunities, and propose new tools for funding and
                                                    maintaining the system. Provision for public participation in
                                                    the planning process and mechanism for private
                                                    contributions of land, materials, labor, and other resources
                                                    are recommended. Improved design standards for all public
                                                    lands are recommended to enhance their value as part of the
                                                    open space system.







                     DRAFT 2/14/92                                                                              2-3






                     Chal2ter 2                                                                  SUMMARY


                                                    An integral part of the expanded open space system is a
                                                    proposed Greenways network being planned through the
                                                    Metro Richmond Greenways project in cooperation with the
                                                    National Park Service and other area jurisdictions.
                                                    Continued City participation in the planning and
                                                    implementation process is recommended.

                                                    River Protection and Enhancement is proposed
                                                    through a series of recommendations to preserve the natural
                                                    character of Richmond's shoreline where it exists while
                                                    guiding development in limited Intensely Developed Areas.
                                                    A conservation and management plan is proposed for the
                                                    James River to evaluate its charactenstics and develop
                                                    conservation mechanisms. Recommended objectives include
                                                    preserving and enhancing the free-flowing nature of the
                                                    river, protection of views and scenic horizons, and
                                                    protection of in-stream flow standards to support indigenous
                                                    aquatic life and designated beneficial uses. Protection is
                                                    recommended through improved use of existing land use
                                                    authority, in conjunction with designation of a proposed
                                                    Environmental Protection Area overlay to the City Land Use
                                                    Plan.


                                                    Two significant tools are recommended under General
                                                    Land Use to provide environmentally sensitive policy
                                                    guidance and coordinated regulatory protection.           An
                                                    Environmental Protection Area overlay to the Master Plan is
                                                    proposed to incorporate policy guidelines in appropriate
                                                    areas directed toward protection of water quality, wildlife
                                                    habitat, visual open space, and other environmentally
                                                    sensitive features. A companion zoning overlay district is
                                                    recommended to require plan review in these areas in order
                                                    to accomplish these objectives.

                                                    SOLID WASTE
                                                    Proper disposal of municipal solid waste, hazardous
                                                    materials, and special wastes, is a problem of growing
                                                    concern facing all levels of government. Disposal costs,
                                                    potential environmental contamination, unnecessary
                                                    consumption of natural resources, and human health hazards
                                                    are all issues relevant to the disposal of solid waste.
                                                    Implementation of an integrated waste management system
                                                    which includes source reduction, reuse, recycling, resource
                                                    recovery, incineration, and landfilling can contribute to the
                                                    practical and environmentally sound disposal of solid waste.

                                                    Waste Reduction and Recycling are the most preferred
                                                    components of the waste hierarchy because they divert waste
                                                    from the solid waste stream. Recommendations include the
                                                    provision of opportunities for residential and commercial
                                                    recycling, development of markets for recyclable materials,
                                                    and public education programs to encourage reduction,
                                                    reuse, and recycling.



                     DRAFT 2/14/92                                                                            2-4






                      Chapter 2                                                                    SUMMARY



                                                     It is recommended that the Richmond region explore t6
                                                     feasibility of Resource Recovery as a means of
                                                     separating recyclable materials from the waste stream,
                                                     converting waste to energy, and reducing the volume of
                                                     materials which must be landfilled. It is proposed that such
                                                     a resource recovery program be explored through the Central
                                                     Virginia Waste Management Authority. Landfilling is the
                                                     least preferable disposal method from an environmental
                                                     perspective, and it is recommended that the City concentrate
                                                     on diverting waste from landfills and exploring alternative
                                                     disposal methods. Identification of potential hazards from
                                                     fon-ner landfill sites is also recommended.

                                                     Hazardous Materials and Special Wastes include
                                                     both hazardous wastes and medical or infectious wastes.
                                                     Mechanisms are proposed to regulate transportation and
                                                     storage of such materials or wastes, to utilize only
                                                     responsible carriers, and to hold shippers and carriers liable
                                                     for clean-up costs resulting from any spill incidents.

                                                     It is recommended that the City support the solid waste
                                                     management efforts of the Richmond Regional Planning
                                                     District Commission and the Central Virginia Waste
                                                     Management Authority. This would include the
                                                     planning of an integrated waste system based upon the solid
                                                     waste hierarchy and a comprehensive public education
                                                     program.

                                                     AIR QUALITY
                                                     Vehicular Emissions contribute in large part to the City's
                                                     nonattainment status. Much can be done at the local level as
                                                     proposed including promoting the use of mass transit,
                                                     employing the use of transportation system management and
                                                     transportation demand management techniques, and
                                                     converting to alternatively fueled vehicle fleets and buses.

                                                     It is recommended that the City adopt an energy policy
                                                     statement to encourage Energy Generation methods
                                                     which are clean and environmentally sound. It is also
                                                     recommended that the City promote Energy
                                                     Conservation and Management by incorporating
                                                     innovative practices into City buildings, revising building
                                                     codes to encourage the use of energy conservation
                                                     techniques, and increasing public awareness of the need for
                                                     energy conservation.

                                                     Clean Indoor Air is an issue which encompasses radon,
                                                     sick building syndrome, and the Virginia Clean Indoor Air
                                                     Act. Sick Building Syndrome results from the use of
                                                     building materials and furnishings in tightly sealed buildings
                                                     which have been found to contribute to health problems of
                                                     occupants. It is recommended that the City not use materials



                     DRAFT 2/14/92                                                                               2-5






                      Chapter 2                                                                     SUMMARY


                                                     and furnishings which are known to contribute to sick
                                                     building syndrome and begin a program of systematic
                                                     replacement of such materials or improvement of ventilation
                                                     systems where there are known problems. In addition it is
                                                     recommended that the City implement the Clean Indoor Air
                                                     Act by enactment of an ordinance prohibiting smoking in
                                                     specified public buildings or buildings open to the public,
                                                     and develop a mechanism for enforcement.

                                                     Electromagnetism is an issue over which there is
                                                     currently great public debate as to whether or not the risk
                                                     associated with prolonged exposure to electromagnetic fields
                                                     is significant.      It is recommended that scientific
                                                     developments in the field be monitored and action be taken if
                                                     appropriate.

                                                     Air Quality and Economic Development are
                                                     interrelated in numerous ways as both the quality of the
                                                     environment and environmental regulations affect private
                                                     development decisions. Richmond, like nearly every major
                                                     metropolitan area in the U.S., fails to meet the air quality
                                                     standards of the Clean Air Act (CAA), and thus faces
                                                     remedial actions as a nonattainment area. It is recommended
                                                     that the City incorporate air quality considerations, including
                                                     the impacts of CAA requirements, into its economic
                                                     development strategy.

                                                     NOISE
                                                     Mitigation of noise is an important component of a
                                                     comprehensive program to maintain the quality of urban
                                                     living. There are many generators of noise, several of which
                                                     can be controlled or influenced by the City.

                                                     Aircraft and Airport Noise can be influenced by
                                                     directing flight paths away from residential and other
                                                     sensitive areas. It is recommended that the City maintain a
                                                     strong presence on the Capital Region Airport Commission
                                                     to influence airport planning and decision making.. Specific
                                                     recommendations include review of existing and proposed
                                                     flight plans to minimize impacts on noise sensitive land uses,
                                                     consider such uses in any airport expansion plans, and
                                                     require enforcement of the Noise Abatement Procedures by
                                                     the FAA Richmond Tower.

                                                     The Highway and Transportation Noise section
                                                     recommends considexation of noise impacts on sensitive land
                                                     uses when planning new highways, adoption of a noise
                                                     ordinance requiring developers to provide noise abatement
                                                     for developments adjacent to highways, and consideration of
                                                     the need for additional noise abatement measures for existing
                                                     land uses. It is also proposed that the City adopt a truck
                                                     route plan and regulations regarding mobile noise sources
                                                     such as Ioud music and mufflers.



                     DRAFT 2/14/92                                                                                2-6






                         Chapter 2                                                                   SUMMARY


                                                        The Neighborhood Noise section recommends rigorous
                                                        enforcement of the existing noise ordinance, amending
                                                        existina land use ordinances to require noise sensitive site
                                                        design in development review, and developing a public
                                                        education program to inform citizens of the enforcement
                                                        tools available to them.

                         GENERAL ISSUES
                                                        A number of general issues are presented in a separate
                                                        chapter.

                                                        Regulatory Coordination is needed to coordinate and
                                                        streamline City environmental programs and to ensure the
                                                        efficient use of scarce resources throughout environmental
                                                        compliance efforts.      An Environmental Review
                                                        Program is recommended to coordinate review of all City
                                                        plans and programs to incorporate changing attitudes,
                                                        technology, and environmental realities. A comprehensive
                                                        Public Education program is recommended because so
                                                        many efforts, Such as recycling and water conservation,
                                                        depend upon an informed and supportive public.

                         ENVIRONMENTAL                  CONTEXT


                                                        Regulations and Programs
                                                        In recent years a complicated array of regulations and
                                                        programs has been promulgated at all levels of government
                                                        to deal with environmental issues. A brief summary of these
                                                        regulations and programs is contained in the Legal Appendix
                                                        at the end of this document. The Legal Appendix provides a
                                                        helpful framework for understanding the current status of
                                                        such efforts as well as a context for this Master Plan
                                                        environmental element.

                                                        Federal environmental law is made when Congress enacts
                                                        legislation or the Environmental Protection Agency
                                                        prorrIL11(yates regUl.1tiOnS. State environmental law is made
                                                        when the General Assembly enacts legislation or when state
                                                        agencies prornilloate regulations pursuant to, and authorized
                                                                               In
                                                        by, underlying statutory law, Other forms of environmental
                                                        law come into existence as an extension of the common law
                                                        or through local ord  nances adopted pursuant to authority
                                                        explicitly grant by the State.

                                                        Population Dynamics
                                                        Begun as a trading settlement at the falls of the James River
                                                        in the early 1600's, Richmond was a mature urban area well
                                                        before the rnid-nineteenth Century. Richmond's population
                                                        Continued to grow into the 1960's both as a result of natural
                                                        increases in POPLIkitiOn and through new development.




                         DRAFT 2/21/92                                                                            2-7






                       Chapter 2                                                                      SUMMARY


                                                       However, it was also during the 1960's that several factors
                                                       combined to bring about a halt to new population growth.
                                                       Land for new residential development became increasingly
                                                       scarce. At the same time, the end of the "baby boom" and
                                                       the subsequent fall in birth rates reduced the average
                                                       household size.

                                                       In general, changes in the City's population between 1960
                                                       and 1990 mirrored trends experienced by many older central
                                                       cities in the eastern United States. By the 1970's Richmond
                                                       began to experience a significant decline in population as
                                                       families with children began to leave the City for the
                                                       suburbs.    The last major land annexation, in 1972,
                                                       temporarily slowed this population decline.

                                                       During the 1980's, the rate of decline gradually began to
                                                       slow, and figures from the 1990 U.S. Census indicate that
                                                       Richmond's population continues to decline, but at a much
                                                       slower rate. As shown in the table below, the fall in average
                                                       household size from 2.89 to 2.43 between 1970 and 1980
                                                       represents a drop of approximately 16%. Between 1980 and
                                                       1990, average household size fell from 2.43 to 2.25 a
                                                       change of less than 7.5%, or less than half of the
                                                       corresponding decline during the previous decade. This may
                                                       indicate a stabilization of household sizes which will have
                                                       positive implications for Richmond's future.

                                                       Environmental quality and the overall livability of
                                                       neighborhoods is critical to both the retention of current
                                                       residents and the attraction of newcomers. Typically, areas
                                                       of the City experiencing the lowest rates of population
                                                       decline are among the most environmentally appealing.
                                                       Therefore, protection and enhancement of Richmond's
                                                       environmental amenities is important to the future of the tax
                                                       base.

                                                       Much of the City's increase in new housing units is
                                                       occurring on scarce, developable tracts of land. Additional
                                                       growth in the number of housing units is taking place
                                                       through the redevelopment of previously developed
                                                       properties. It is reasonable to expect an increase in this form
                                                       of development.

                                                       It is essential that all future development reflect an increased
                                                       sensitivity for the natural features of a site and surrounding
                                                       neighborhoods. In addition, land use controls must ensure
                                                       the appropriateness of use and good design practices and
                                                       construction techniques which exhibit a sensitivity toward
                                                       environmental features.







                      DRAFT 2/14/92                                                                                 2-8






                     Chapter 2                                                                     SUMMARY



                                                                                   1970        1980       1990
                                                         Total Population          249,621    219,214     203,056

                                                         Distribution by Age
                                                         gn-der 5                  19,065      13,258     13,965
                                                         5-19                      66,832      44,711     35,165
                                                         20-29                     40,685      49,925     40,290
                                                         30-39                     25,468      27,706     35,039
                                                         40-49                     29,129      18,546     22,183
                                                         50-59                     28,009      21,359     16,224
                                                         60-69                     22,192      21,373     18,331
                                                         70-79                     12,908      14,227     13,982
                                                         Over 80                     5,333       6,309      7,877

                                                         Median Age                   29.5        30.4        33.2

                                                         Total Housing Units       87,083      91,527     91,850

                                                         Average Household            2.89        2.43        2.25
                                                         Size

                                                     Land Use and Development
                                                     The City's Concept Plan was formulated as part of the City-
                                                     wide revision of the Master Plan approved in 1993 which
                                                     also includes detailed Land Use Plans for each of eight
                                                     planning districts (see figure     ). There has not been a
                                                     comprehensive amendment of the Land Use Plan since 1983
                                                     other than the Downtown Plan adopted in .1984 for the
                                                     central business district. During the next several fiscal
                                                     years, beginning July 1, 1992, the district Land Use Plans
                                                     and the City-wide Concept Plan will be reevaluated and
                                                     updated to reflect changing development patterns and new
                                                     attitudes regarding the City's future.

                                                     Large scale development activity between 1983 and 1991
                                                     was not very widespread, occurring mostly in the southern
                                                     and Southwestern areas annexed from Chesterfield County in
                                                     1970. Most of the remaining developable land is scattered in
                                                     these same areas and ranges in size from a few acres to
                                                     approximately ten acres. Many of them are wooded and add
                                                     much to the natural character of this part of the City. The
                                                     most notable parcel is the large scale Stony Point project of
                                                     approximately 527 acres adjacent to the south bank of the
                                                     river. This mixed residential and commercial community is
                                                     being developed in a manner which is generally sensitive to
                                                     the natural features of the site. There are numerous small
                                                     parcels, roughly under an acre in size, which have also been
                                                     developed during this time frame resulting in a subtle,
                                                     incremental reduction of the natural character of the City.

                                                     Potential redevelopment sites also exist, mostly in industrial
                                                     distric,ts along the Jefferson Davis Highway corridor, in the


                     DRAFT 2/21/92                                                                              2-9





                                                                                                                                         concept PLAN







                                                                                                                                         a I        Wit


























                                                                             "Oil





                                                                                                                                        MR,







                                                                                                                                           "@AN
                                                                                                                                                K





                 HIT
                 Im


                 r7-1    -DVONAI


                 11 m1m @rupox At In SEW PURI Ic

                                                                                                                                                               RICHMOND, VIRGINIA
                                                                                                                                                               NOV. 1982








                                                                                                                                                                     FIGURE






                      Chapter 2                                                                      SUMMARY


                                                      areas to be protected by the floodwall, and in industrial areas
                                                      north of the river near Downtown. These sites generally
                                                      have already been previously developed and are not in a
                                                      natural state.   Such redevelopment often represents an
                                                      opportunity to improve environmental quality through higher
                                                      standards of design and development which are more
                                                      sensitive than earlier construction.

                                                      There will undoubtedly be increasing pressure for
                                                      development of the remaining unimproved land. This will
                                                      result in conflicts between the need or desire of property
                                                      owners to achieve economic returns versus the
                                                      environmental qualities which may be lost by development.
                                                      Conversely, in the case of redevelopment sites, opportunities
                                                      are presented to improve upon existing conditions, both in
                                                      terms of aesthetics as well as environmental values.

                                                      This document identifies environmentally sensitive features
                                                      which are worthy of protection. Recommendations include
                                                      measures to seek either the outright preservation of these
                                                      features or the sensit  Ive incorporation into development
                                                      plans. One method of accomplishing this recommendation is
                                                      implementation of a Land Use Plan overlay. A primary
                                                      recommendation of the Natural Features chapter is the
                                                      development of an overlay to current land use designations
                                                      in the Master Plan, called in Environmental Protection Area.
                                                      Its purpose is to seek protection of water quality, wildlife
                                                      habitat, Visual open space, and other natural qualities.

                                                      The Environmental Protection Area incorporates Chesapeake
                                                      Bay Preservation Areas, adjacent sensitive lands, and may
                                                      be expanded to include the greenway plan. The new overlay
                                                      will be implemented through existing review processes and
                                                      through a new zoning district which will require review of
                                                      all development plans in these areas to seek sensitivity to
                                                      these features following new policy guidelines.

                      GOALS AND OBJECTIVES

                                                      A goal is a general statement of a future condition which is
                                                      considered desirable for the Community; it is an end toward
                                                      which actions are aimed. An objective is a statement of
                                                      measurable activity to be accomplished in pursuit of the goal;
                                                      it refers to sonit! specific aspiration which is reasonably
                                                      attainable. A recommendation is a specific proposal to do
                                                      something that relates directly to accomplishing the objective;
                                                      it identifies how an objective will be accomplished.
                                                      Following are the goals and objectives formulated by the
                                                      Environmental Advisory Committee.






                      DRAFT 2/21/92                                                                              2-10






                         Chapter 2                                                                  SUMMARY


                                                       WATER RESOURCES GOAL: THE CITY OF
                                                       RICHMOND'S WATER RESOURCES SHOULD BE OF
                                                       THE HIGHEST QUALITY AND AVAILABLE IN
                                                       SUFFICIENT QUANTITIES.

                                                       WATER RESOURCES OBJECTIVES:
                                                       Current Water Quality Programs: Provide a planning
                                                       process for periodic examination, evaluation, and
                                                       amendment of adopted and proposed water quality related
                                                       City plans and programs.

                                                       Stormwater         Management          and      Drainage:
                                                       Significantly improve the quality of stormwater which enters
                                                       the James River and its tributaries from the City of
                                                       Richmond through a balanced combination of volume
                                                       reduction and stormwater treatment with an equitable
                                                       allocation Of public costs.

                                                       Groundwater: Protect the quality of groundwater in the
                                                       City of Richmond through the regulation of land uses and
                                                       implementation Of Pollution control measures.

                                                       In-stream Flow: Manage water withdrawals to reduce the
                                                       impact on naturally occurring flows in the James River in
                                                       order to minimize adverse effects on designated beneficial
                                                       uses.


                                                       Water Conservation: Develop a water conservation
                                                       program for the City of Richmond in conjunction with a
                                                       regional cooperative effort.

                                                       Drinking Water:        Continue to meet or exceed the
                                                       reqUirements of the federal Safe Drinking Water Act as well
                                                       as the Virginia State Board of Health Drinking Water
                                                       Regulations.

                                                       A Regional Approach to Water Issues:                Support
                                                       regional water reSOLirce management.


                                                       NATURAL FEATURES GOAL: PRESERVE AND
                                                       ENHANCE RICHMOND'S NATURAL FEATURES AND
                                                       RECREATIONAL AMENITIES FOR THE ENJOYMENT
                                                       OF ALL CITIZENS.

                                                       NATURAL FEATURES OBJECTIVES:
                                                       Urban Landscape:         Promote the preservation and
                                                       maintenance of existing vegetation and guide the planting of
                                                       new vegetation for the purpose of improving the quality of
                                                       development, improving the aesthetics of the City, providing
                                                       habitat for urbaii wildlife, and minimizing stormwater
                                                       runoff.




                         DRAFT 2/21/92                                                                          2-11






                         Chapter 2                                                                      SUMMARY


                                                         Urban Wildlife Habitat:             Preserve, manage, and
                                                         promote urban wildlife and wildlife habitat in a manner
                                                         consistent with the resources and needs of the City.

                                                         Urban      Fisheries      Management:           Promote the
                                                         development and management of the James River and
                                                         appropriate lakes and streams within the City as urban
                                                         fisheries.

                                                         Environmentally Sensitive Areas: Identify, protect,
                                                         and enhance environmentally sensitive areas within the City
                                                         consistent with their role in the urban eco-systern and
                                                         contribution to water quality.

                                                         Urban Open Space: Ensure availability and access to
                                                         open space, recreation, and natural areas for all citizens of
                                                         Richmond through implementation of a master plan for parks
                                                         and natural areas.

                                                         River Protection and Enhancement: Protect the
                                                                                                          'butes of the
                                                         recreational, aesthetic, and environmental attri
                                                         James River consistent with its role as a unique urban
                                                         waterway.

                                                         General Land Use: Incorporate into the master plan
                                                         additional land use policy guidance and into the zoning and
                                                         other ordinances additional regulations to afford greater
                                                         protection to environmental features consistent with the other
                                                         objectives of this environmental element.


                                                         SOLID WASTE GOAL: THE AMOUNT OF SOLID
                                                         WASTE PRODUCED IN THE CITY OF RICHMOND
                                                         SHOULD BE MINIMIZED AND DISPOSED OF IN AN
                                                         ENVIRONMENTALLY RESPONSIBLE MANNER,
                                                         CONSISTENT WITH THE SOLID WASTE
                                                         HIERARCHY.

                                                         SOLID WASTE OBJECTIVES:
                                                         Waste Reduction and Recycling:
                                                         Take action to redLICe the per capita amount of residential
                                                         solid waste produced in the City requiring disposal and to
                                                         increase the level of commercial, institutional, and industrial
                                                         waste reduction and recycling.

                                                         Resource Recovery: Promote cornbustion of municipal
                                                         solid waste as a Supplement to landfill disposal.

                                                         Hazardous Materials and Special Wastes:                   Take
                                                         action to regulate the transportation, storage, and disposal of
                                                         hazardous materials arid special wastes (particularly
                                                         hazardous, infectious, and radioactive wastes) within the
                                                         City.



                         DRAFT 2/21/92                                                                              2-12






                      Chapter 2                                                                     SUMMARY


                                                      Central Virginia Waste Management Authority:
                                                      Support and supplement the solid waste management efforts
                                                      of the Richmond Regional Planning District Commission
                                                      (RRPDC) and the Central Virginia Waste Management
                                                      Authority (CVWMA).


                                                      AIR QUALITY GOAL: THE AIR IN THE CITY OF
                                                      RICHMOND AND ITS ENVIRONS SHOULD BE OF
                                                      THE HIGHEST QUALITY.

                                                      AIR QUALITY OBJECTIVES:
                                                      Vehicular Emissions: Promote activities which reduce
                                                      the level of vehicular emissions and enhance air quality.

                                                      Energy Generation: Achieve clean and environmentally
                                                      sound methods of energy generation.

                                                      Energy Conservation and Management: Implement
                                                      ener(Tycon servatio n and -management practices within City
                                                      facilities and enMirage their use throughout the City of
                                                      Richmond.

                                                      Clean Indoor Air: Develop appropriate methods to
                                                      eliminate the Causes of sick building syndrome in City
                                                      owned and operated facilities and to implement the Virginia
                                                      Clean Indoor Air Act throughout the City.

                                                      Electroma gnet ism:             Monitor the        issue of
                                                      Electromagnetism as scientific data is developed to determine
                                                      if prolonged eXPOSLire to electric or magnetic fields, or both,
                                                      represents a significant risk to public health, safety, and
                                                      welfare.

                                                      Air Quality and Economic Development: Develop an
                                                      economic development strategy which capitalizes on the
                                                      advantages of a cleaner city while minimizing the
                                                      disadvantages of being designated a nonattainment area by
                                                      the Clean Air Act.



                                                      NOISE GOAL: THE CITY OF RICHMOND SHOULD
                                                      ENSURE A SAFE AND HEALTHFUL ENVIRONMENT
                                                      THROUGH THE MODERATION OF UNNECESSARY
                                                      NOISE AND THE REDUC-HON OF NOISE IMPACTS IN
                                                      THE CITY.

                                                      NOISE OBJECTIVES:
                                                      Aircraft and Airport Noise: Ensure that all necessary
                                                      steps are taken to mitigate the impacts of airport and aircraft
                                                      noise on residential and other noise sensitive land uses in the
                                                      city.




                      DRAFT 2/21/92                                                                              2-13





                          Chapter 2                                                                       SUMMARY


                                                           Highway and Transportation Noise: Ensure that all
                                                           necessary steps are taken to mitigate the impacts of highway
                                                           and transportation related noise oil residential and other noise
                                                           sensitive land uses in the City.

                                                           Neighborhood Noise:             Promote activities which
                                                           minimize noise levels in residential neighborhoods.


                                                           GENERAL ISSUES:
                                                           Regulatory Coordination:            Coordinate the City's
                                                           existing environmental programs and response to future
                                                           regulatory requirements through an appropriate mechanism.

                                                           En vironmental Review Program: Develop a review
                                                           process for all proposed plans, programs, and development
                                                           initiatives, whether publicly or privately generated, designed
                                                           to ensure compliance with all applicable environmental
                                                           regulations.

                                                           Public Education:           Develop a comprehensive
                                                           environmental education program for City residents,
                                                           businesses, and industries.

                          IMPLEMENTATION                   OVERVIEW

                                                           Implementation of the environmental element of the Master
                                                           Plan can be accomplished using the following mechanisms:

                                                              Policies to (11.11de "decision making which are found
                                                                            Z!
                                                              throughout the chapters of this document;

                                                              Land Use Plan amendments to guide land development
                                                              and related activities-, and

                                                              recommendations which propose particular management
                                                              and programatic activities; specific construction projects
                                                              and improvements requiring expenditure of funds; and
                                                              adoption of vari OUS ordinances, regUl  atio"ns and guidance
                                                              documents.

                                                           These  are found throughout this environmental element in
                                                           each  of the chapters and are summarized in the
                                                                                apter at the end of the document.
                                                           Implementation ch,











                          DRAFT 2/21/92                                                                                2-14



















               . WATER RESOURCES
                                                   Chapter 3








                                  lw






                       ChaptCr 3                                                     WATER RESOURCES


                      INTRODUCTION

                                                       Of all the environmental issues with which this element
                                                       deals, water is perhaps the most al I-encompas sing. Its
                                                       quantity and quality certainly are critical to the future of our
                                                       entire eco-system. This section will provide an overview of
                                                       the many issues, regulations, and programs involved as well
                                                       as recommended actions for the City to pursue.

                                                       The Hydrologic Cycle
                                                       The supply and quality of water are affected by many
                                                       interrelated factors. Water is constantly in motion above,
                                                       on, and beneath the earth's surface, a phenomenon which is
                                                       known as the hydrologic cycle. Clouds release moisture,
                                                       either snow or rain, much of which evaporates before
                                                       reaching the earth. Precipitation which does reach earth can
                                                       moisten the soil at which point infiltration, or penetration of
                                                       the water to deeper subsurface zones, may begin.

                                                       The rate at which water moves laterally and downward
                                                       depends upon soil type, the amount of impervious surface,
                                                       the amount and duration of precipitation, and the extent of
                                                       vegetation. When the rate of precipitation exceeds the rate of
                                                       infiltration, water flows over the land as surface runoff.
                                                       Runoff and precipitation supply some of the water feeding
                                                       streams, rivers, lakes, and oceans.        Water that seeps
                                                       downward to subsurface layers of soil and rock is called
                                                       groundwater and provides approximately 30% of the annual
                                                       flow of surface water bodies in Virginia.

                                                       Most of the water entering the soil returns to the atmosphere
                                                       through evaporation or through transpiration, the process of
                                                       plants taking in water through the roots and returning some
                                                       of it to the atmosphere through the leaves. The hydrologic
                                                       cycle is completed when the water returns to the atmosphere
                                                       through a combination of evaporation and transpiration.

                                                       Opportunities for the degradation of surface and
                                                       groundwater occur throughout the hydrologic cycle. Point
                                                       source and non-point source pollution, leaking underground
                                                       storage tanks, disposal and spills of hazardous materials or
                                                       waste, and solid waste disposal facilities (primarily landfills)
                                                       are all potential sources of contamination.

                                                       In Virginia, the cumulative result of has been a degradation
                                                       of local water quality which has contributed to the gradual
                                                       decline of the Chesapeake Bay as one of the most vital and
                                                       economically productive marine resources in the nation.
                                                       Programs which address the varied sources of contamination
                                                       are extensive and span all levels of government.
                                                       Implementation of these programs and improved
                                                       development practices can halt this decline eventually leading
                                                       to the restoration of the Bay and other water resources.


                      DRAFT 2/19/92                                                                                 3-1






                   RAIN CLOUDS



















                                                      TRANSPIRATION




                   SURFACE RUN FF

         Sol L





                         INFILTRATION



                                          WATER TABLE       RIVER

                       DEEP PERCOLATION
                                                                   GROUNDWATER
                   RA I
              @@RAIN CLOU@DS












                               HYDROLOGIC CYCLE,






                      Chapter 3                                                     WATER RESOURCES



                                                      Federal Water Pollution Control Act Amendments
                                                      The Federal Water Pollution Control Act Amendments of
                                                      1972 were passed "to restore and maintain the chemical,
                                                      physical, and biological integrity of the Nation's waters."
                                                      To accomplish this, national programs were established to
                                                      control two types of water pollution:

                                                      ï¿½   Point source pollution coming from any "confined,
                                                          discrete conveyance such as a pipe, ditch or outfall"; and

                                                      ï¿½   non-point source pollution in the form of runoff from
                                                          impervious surfaces, agricultural areas, mining
                                                          operations, or other land disturbing operations.

                                                      Point source discharges are controlled through the use of
                                                      National Pollutant Discharge Elimination System (NPDES)
                                                      permits. In Virginia the program is administered by the State
                                                      Water Control Board and the permits are called Virginia
                                                      Pollutant Discharge Elimination System (VPDES) permits.
                                                      These permits establish effluent limitations for each
                                                      significant pollutant found in a point source discharge. The
                                                      discharger must meet either federal technology based
                                                      limitations for these pollutants or limitations based on
                                                      Virginia's water quality standards, whichever is more
                                                      stringent. These standards are established for each major
                                                      manufacturing industry.

                                                      Any industries which discharge directly into State waters are
                                                      required to have their own VPDES permits. In addition,
                                                      publicly owned treatment works (POTWs) must obtain
                                                      VPDES permits and are required to meet secondary treatment
                                                      standards or limitations based on water quantity standards,
                                                      whichever is more stringent. Currently there are only eleven
                                                      pen-nitted dischargers within the City limits, other than the
                                                      City's sewage treatment plant (see figure

                                                      NPDES Stormwater Regulations
                                                      In November 1990 EPA promulgated stormwater regulations
                                                      pursuant to the Clean Water Act. The regulations require
                                                      that NPDES permits be obtained for industrial land uses and
                                                      storm sewer systems as well as the more traditional point
                                                      sources. Storm sewer systems collect runoff, which has
                                                      been considered non-point source pollution in the past, and
                                                      discharge it at a point, or points, thereby converting the non-
                                                      point source discharge into a point source discharge. The
                                                      regulations require that certain cities develop strategies for
                                                      monitoring and, potentially, treating stormwater prior to
                                                      discharge.     The regulations also require that local
                                                      governments prepare plans for management of stormwater.






                      DRAFT 2/18/92                                                                               3-2









                                                             PATTERSON                                                    rn


                                                                                                                           rn

















                                                                                        10K
                                                                                                                A
                                                             HILL






                                                                                                              ro

                                                                                                lp






           POINT SOURCE DISCHARGES VVITI-IIN THE CITY OF
                                    RICHMOND


                             FIRST ENERGY CORP.
          2 &3               CROWN PETROLEUM
          4                  CITGO PETROLEUM
          .5                 RICHMOND STP
          6                  CHEVRON PETROLEUM                                                         vvo-000*
          7&9                COLONIAL PIPELINE
          8                  TIDEWATER QUARRY
          10                 PHILLIP MORRIS
          11&12              KOCH FUELS
                             RICHMOND CSO's





                      Chapter 3                                                     WATER RESOURCES


                                                     Application of the requirements to the City's stormwater
                                                     collection system is an extremely complicated matter which
                                                     is under detailed study. The City began developing a plan
                                                     for compliance in 1991 with precise requirements and the
                                                     timetable for implementation to be determined.

                                                     Clean Water Act Reauthorization
                                                     As of October 1990, more than 11,000 CSO outfalls had
                                                     been identified in 30 states throughout the country. The
                                                     EPA has estimated that it will cost roughly $80 billion to
                                                     eliminate these outfalls. Reauthorization of the Clean Water
                                                     Act is currently being considered by Congress and is
                                                     expected to be approved in 1992 or 1993. Alternative forms
                                                     of the legislation are being sharply debated; however,
                                                     regardless of the final version, the Act is anticipated to
                                                     include essentially four elements:           CSO Inventory,
                                                     Elimination Programs, Elimination Guidance, and Program
                                                     Development Aid. Additional mandates appear likely,
                                                     potentially including water conservation, site design, on-site
                                                     retention, and possibly separation of storm and sanitary
                                                     sewers.


                                                     The City of Richmond is participating in a consortium of
                                                     cities with CSO problems called The CSO Partnership. The
                                                     Partnership is supporting a version of the Act which would
                                                     approach CSOs as site specific problems with state
                                                     controlled individual solutions to each city's particular needs
                                                     and financial resources, rather than a rigid national standard
                                                     with uniform solutions. This version of the Act stresses the
                                                     need for flexibility and cost-effectiveness in the
                                                     implementation of CSO controls and provides for grant
                                                     funding on the basis of financial need and water quality
                                                     benefit.

                                                     Virginia Erosion and Sediment Control Law
                                                     The Virginia Erosion and Sediment Control Law of 1973
                                                     seeks to provide control of soil erosion, sediment
                                                     deposition, and non-agricultural runoff to prevent the
                                                     degradation of state waters. It is administered by local
                                                     governments, and regional soil and water conservation
                                                     districts.


                      GOAL
                                                     THE CITY OF RICHMOND'S WATER RESOURCES
                                                     SHOULD BE OF THE HIGHEST QUALITY AND
                                                     AVAILABLE IN SUffICIENT QUANTITIES.









                      DRAFT 2/18/92                                                                               3-3





                      Chapter 3                                                    WATER RESOURCES


                      CURRENT WATER QUALITY PROGRAMS

                                                      OBJECTIVE
                                                      PROVIDE A PLANNING PROCESS FOR PERIODIC
                                                      EXAMINATION, EVALUATION AND AMENDMENT
                                                      OF ADOPTED AND PROPOSED WATER QUALITY
                                                      RELATED CITY PLANS AND PROGRAMS.

                                                      Pretreatment Program
                                                      Most industries located in the City discharge their
                                                      wastewater into the public sewer system. The City has
                                                      established a pretreatment program which requires many
                                                      industries specified by the City and the EPA to treat their
                                                      wastewater before discharging into the City sewer system.
                                                      This program was necessary for the sewage treatment plant
                                                      discharges to meet standards required under its VPDES
                                                      permit. It is not realistic or economically feasible for the
                                                      plant to treat all of the pollutants which are released by
                                                      industries in the City.

                                                      Businesses operating under pretreatment permits are
                                                      monitored three to four times per quarter for continued
                                                      compliance with the standards. Of the 66 permitted
                                                      dischargers in January, 1992, five were experiencing
                                                      periodic difficulty in maintaining permit standards. The
                                                      City Department of Public Utilities (DPU) works closely
                                                      with permitted dischargers to aid them in meeting the
                                                      standards and has a program to identify dischargers who are
                                                      not currently permitted but should be.

                                                      In 1992 DPU will be reevaluating the permissible release
                                                      standards for all dischargers into the system. It may be
                                                      necessary to tighten the pretreatment standards for several
                                                      pollutants to stay within the treatment plant's VPDES
                                                      discharge requirements. This potentially may require some
                                                      new or existing dischargers to treat their discharges or treat
                                                      them to a higher standard.

                                                      CSO Control Plan
                                                      The City of Richmond, like many older urban areas, has a
                                                      combined sewer system which serves approximately one
                                                      third of the City. Both stormwater and sanitary sewage flow
                                                      through the system to the sewage treatment plant. Most of
                                                      the time this configuration is not a problem; however, during
                                                      rainy weather the amount of water carried by the combined
                                                      sewer can exceed capacity and the untreated effluent can be
                                                      discharged directly into the James River. There are 32
                                                      Combined Sewer Overflow (CSO) points which may
                                                      discharge into the river depending upon the amount of
                                                      rainfall (see figure





                       DRAFT 2/18/92                                                                              3-4












                                                        10
                                                                                                                                                                                                                    7,77




                                                                                                                                                         +









                                               ..... ...
                                                        ......      VILUAM


                                                                                                                                                                                                                North Side
                                                                                                                                                                                                            James River Park
                                                                                                                                                                                                            Treatment Facility


                                                                                                                                                                                                              PARK

                                                                                                           1reatment!
                                                                                                              Water,

                                                                                                              Mant
                                                                                               ...... ......






                                                                                                                                                                                             .........    ...
                                                                                                                                                                                                      E
                                                                                                                                                                                                        xt     L
                                                                                                                                                                                                          end -d 0






                                                                                                                                             AM                                                    14


                        CSO CONTROL PLAN-,

                                                                                                                                                                                                 V;!"     FOR F,6T H I LL
                        LEGEND                                                                                                                                                                                   P
                                                                                                                                                                                                                   WK K
                0       TREATMENT FACELXTTES CONSTRUCTED IN PHASE A

                ACSO'S ADDRESSED IN PHASE B
                                 UANES CONSTRUCTED IN PHASE B
                        TREATMENT FACH=S CONSTRUCTED IN PHASE B


                        CSO'S ADDRESSED IN PHASE C
                        PIPELINES CONSTRUCTED IN PHASE C
                 0 TREATMENT FACM=S'CONSTRU                                                                IN PHASE C


                                                           FEB. 1992                                   NTS





                      Chapter 3                                                    WATER RESOURCES


                                                      The combined sewer system overflows into the James River
                                                      approximately 80 times per year, usually during the rainy
                                                      summer months. The overflow points are concentrated in
                                                      the James River Park area and in the downtown area of the
                                                      riverfront. In order to alleviate this problem, the City has
                                                      prepared and adopted a CSO Control Plan which has met
                                                      EPA and State approval.

                                                      The first phase of the CSO Control Plan, completed in July
                                                      1991, involved $74 million in improvements to the sewage
                                                      treatment plant including tertiary treatment capability. The
                                                      next phase will take 12 years to implement and will
                                                      accomplish the conveyance of CSO discharges further
                                                      downstream where human contact is less likely. Swirl
                                                      concentrators will be constructed at several points to provide
                                                      some treatment of the effluent prior to discharge during a
                                                      CSO event. Future phases will involve construction of
                                                      additional conveyance structures and treatment facilities
                                                      including swirl concentrators, chlorination and
                                                      dechlorination facilities, and retention basins.

                                                      Erosion and Sediment Control
                                                      The City of Richmond administers an erosion and sediment
                                                      control program through its Floodplain Management
                                                      Ordinance which is administered by the Department of
                                                      Community Development. The erosion and sediment control
                                                      requirements have been expanded to include all land
                                                      disturbing activities of 2,500 square feet or more (formerly
                                                      10,000 square feet) within the recently adopted Chesapeake
                                                      Bay Preservation Areas (see figure

                                                      Chesapeake Bay Preservation I Program
                                                      Pursuant to the Chesapeake Bay Preservation Act adopted by
                                                      the Virginia General Assembly in 1988, the City of
                                                      Richmond adopted its Chesapeake Bay Preservation
                                                      Program in November, 199 1. In the form of amendments to
                                                      the City's Zoning Ordinance, Subdivision Ordinance and
                                                      Floodplain Management Ordinance, the program enacts
                                                      specific local requirements for the purpose of improving
                                                      water quality. The City's program is consistent with the
                                                      State requirements as contained in the Act and regulations
                                                      promulgated by the Chesapeake Bay Local Assistance Board
                                                      (CBLAB).

                                                      As stated in the regulations, the purpose of the program is to
                                                      protect or improve the quality of the waters in the
                                                      Chesapeake Bay and its tributaries by regulating
                                                      development in a manner which will "minimize non-point
                                                      source pollution from stormwater runoff, minimize erosion







                      DRAFT 2/19/92                                                                              3-5






                      Chapter 3                                                   WATER RESOURCES


                                                    and sedimentation, reduce the introduction of nutrients and
                                                    toxics in to state waters affecting the Chesapeake Bay,
                                                    maximize rainwater infiltration, and ensure the long-term
                                                    performance of the measures hereby employed while
                                                    recognizing the needs of the public and property owners to
                                                    develop property in a reasonable and orderly fashion."

                                                    The program established the following categories within the
                                                    Chesapeake Bay Protection Areas (CBPAs):

                                                    I .  Resource Protection Area (RPA) consists of lands
                                                         located "at or near the shoreline" of the James River and
                                                         tributary streams that have an intrinsic water quality
                                                         value due to the ecological and biological processes they
                                                         perform. The RPA consists of the following:

                                                            tidal shores

                                                         9  tidal wetlands

                                                         *  certain non-tidal wetlands, and

                                                         0  a 100' buffer area adjacent to the above features and
                                                            all tributary streams.

                                                         In these areas the regulations prohibit all development
                                                         except for water-dependent uses, historic preservation
                                                         activities and essential roads, utilities and similar
                                                         structures.   Submission and approval of both a
                                                         Chesapeake Bay Site Plan and a Water Quality Impact
                                                         Assessment is required for development within an RPA.
                                                         Best Management Practices must be incorporated to
                                                         reduce and filter runoff and must also comply with the
                                                         related provisions of the City's erosion and sediment
                                                         control regulations for all land disturbing activities.
                                                         Approximately 3% of the City's land area lies within the
                                                         RPA.

                                                    2.   Resource Management Area (RMA) includes all lands
                                                         within 500 feet of the landward boundary of the RPA,
                                                         the 100 year floodplain and certain other wetlands not
                                                         included in the RPA. Generally, these properties drain
                                                         into the RPA and, if improperly used or developed, have
                                                         a potential for causing significant water quality
                                                         degradation. Best Management Practices may also be
                                                         required within the RMA. Newly developed sites cannot
                                                         exceed the NPS pollutant load for the watershed in
                                                         which they are located, while redeveloped sites must
                                                         achieve at least a 10% reduction in the existing or pre-
                                                         development NPS pollutant load for the specific site.
                                                         Approximately 16% of the City's land area lies within
                                                         the RMA.





                      DRAFT 2/19/92                                                                            3-6











                                                                          PATTERSON


                                                                                                               0
                                                                                                                                                  rn






















                                                                          ILL







                                                                                                                                  roo










           CHESAPEAKE BAY PRESERVATION AREAS

                  RESOURCE PROTECTION AREA (RPA)
                  RESOURCE MANAGEMENT AREA (RMA)
                  INTENSELY DEVELOPED AREA (AREA)





                       Chapter 3                                                      WATER RESOURCES


                                                        3. The Intensely Dgveloped Area (IDA), consists of areas
                                                           where "little of the natural environment remains."
                                                           Within IDAs redevelopment and the development of inf ill
                                                           parcels is permitted. This allows flexibility for certain
                                                           sites adjacent to the river to be redeveloped in a manner
                                                           which is consistent with the goals of the Act. Work
                                                           proposed within the IDA must meet the 10% pollution
                                                           reduction and other water quality standards for
                                                           redevelopment areas. The City's IDA is found primarily
                                                           in the downtown area adjacent to the James River and the
                                                           canals.

                                                        All development within Chesapeake Bay Preservation Areas
                                                        must comply with the following perfon-nance criteria:

                                                        * Minimization of land disturbance;

                                                        0  preservation of indigenous vegetation;

                                                        0  minimization of impervious cover, such as paving and
                                                           roofs;

                                                        *  maintenance of best management practices;

                                                        0  erosion and sediment control ordinance compliance
                                                           required;

                                                        0  site plan review required; and

                                                        0  septic system pump out required (every 5 years).

                                                        In some urban situations it is difficult to provide the required
                                                        reduction in non-point source pollutant load. One means of
                                                        complying with the performance criteria which has yet to be
                                                        fully developed is the use of off-sets. An off-set would use
                                                        a second, unrelated site for the placement of a BMP when it
                                                        is not feasible to place a BMP on the project site. In order to
                                                        achieve the desired water quality improvements in a
                                                        particular watershed, use of off-sets should be restricted to
                                                        sites within the same watershed as the project site. An
                                                        evaluation of potential off-set sites, or receiving areas,
                                                        throughout the City must be made prior to implementing
                                                        such a program.

                                                        The environmental planning process has not precipitated any
                                                        immediate changes to the adopted Chesapeake Bay
                                                        Preservation program; however, it has created a more unified
                                                        context for administration of the program.

                                                        Recommendations
                                                        This element supports the City's position that the Combined
                                                        Sewer Overflow (CSO) problem should be dealt with on a
                                                        city-specific basis rather than with the development of
                                                        national standards for CSO control. It is also recommended


                       DRAFT 2/18/92                                                                                 3-7






                      Chal2ter 3                                                    WATER RESOURCES


                                                     that a long term solution be sought that relies upon
                                                     stormwater retention on individual properties and in
                                                     neighborhood retention facilities rather than upon massive
                                                     construction.     Such a solution is consistent with the
                                                     philosophy and practices already being implemented in the
                                                     erosion and sediment control program, the Chesapeake Bay
                                                     Preservation Program, and in the new stormwater
                                                     management programs being promoted by the State and
                                                     Federal governments.

                                                     A.  Reevaluate the current CSO Control Plan on a periodic
                                                         basis to allow for the most cost effective,
                                                         environmentally sound, and acceptable methodology for
                                                         complying with regulatory requirements and City
                                                         objectives.    Such reevaluation should consider the
                                                         following:

                                                         I . Evaluation of the potential effectiveness of source
                                                             controls throughout the CSO area, particularly with
                                                             respect to the two remote CSO outfalls which will be
                                                             expensive to connect with the proposed conveyance
                                                             system.

                                                         2.  New legal requirements that might affect, or conflict
                                                             with the current approach.

                                                         3.  Changing technologies and review of existing
                                                             technologies, including effectiveness of chlorination
                                                             and dechlorination processes.

                                                         4.  Changing costs.

                                                         5.  Effect on downstream water quality.

                                                         6.  Changing public preferences, priorities, and
                                                             commitments.

                                                         7.  Examination of the aesthetic issues of the plan (i.e.
                                                             location, placement, and design of facilities and their
                                                             compatibility with existing structures and the natural
                                                             environment).

                                                         8. Impact on areas of historical and archaeological
                                                             significance including canal preservation before,
                                                             during, and after construction of facilities.

                                                     B.  Ensure compliance with National Pollutant Discharge
                                                         Elimination System (NPDES) ston-nwater requirements
                                                         for all City-owned facilities.

                                                     C.  Monitor the administration and effectiveness of the
                                                         Chesapeake Bay Preservation program to continuously
                                                         evaluate the need to modify the designated Chesapeake
                                                         Bay Preservation Areas and adopted ordinances.


                      DRAFT 2/18/92                                                                               3-8





                      Chapter 3                                                      WATER RESOURCES


                                                       D.  Consider expansion of the designated Resource
                                                           Management Area (RMA), based on the changing
                                                           regulatory environment, available information, and other
                                                           issues.

                                                       E.  Incorporate a plan for open space off-sets into both the
                                                           Chesapeake Bay Preservation program and the proposed
                                                           stormwater control strategy/program.

                                                           1 . Evaluate a system of off-sets for open space which
                                                               will serve as an option for meeting the stormwater
                                                               management requirements of the RMA.

                                                           2.  Target off-set receiving areas within each watershed
                                                               which facilitate the creation of open space within the
                                                               goals of the City Master Plan.

                                                       F. Incorporate appropriate components of the Chesapeake
                                                           Bay Preservation program into the City-wide stormwater
                                                           control strategy/program.

                      STORMWATER MANAGEMENT AND DRA                                      INAGE

                                                       OBJECTIVE
                                                       SIGNIFICANTLY IMPROVE THE QUALITY OF
                                                       STORMWATER WHICH ENTERS THE JAMES RIVER
                                                       AND ITS TRIBUTARIES FROM THE CITY OF
                                                       RICHMOND THROUGH. A BALANCED
                                                       COMBINATION OF VOLUME REDUCTION AND
                                                       STORMWATER TREATMENIT WITH AN EQUITABLE
                                                       ALLOCATION OF PUBLIC COSTS.

                                                       Stormwater is precipitation which flows over land surfaces
                                                       and enters into the sewer system, or other drainage systems.
                                                       The pollutant level in stormwater is usually highest at the
                                                       beginning of the wet season or at the beginning of a rain
                                                       since pollutants have accumulated over time during the dry
                                                       periods.

                                                       Storm drains collect and discharge rain and snow runoff
                                                       which has picked up pollutants from a wide variety of
                                                       diffuse (or non-point) sources such as oil and grease from
                                                       roads and parking lots; pesticides and fertilizers from lawns;
                                                       de-icing salts and chemicals from roads and airports; metals
                                                       and other contaminants from industrial sites-, and sediment
                                                       from construction sites. Runoff containing these materials is
                                                       typically released directly into rivers, streams, lakes,
                                                       wetlands, and coastal waters posing threats to drinking
                                                       water, aquatic life, and the recreational uses of those waters.





                      DRAFT 2/18/92                                                                                 3-9






                       Chapter 3                                                     WATER RESOURCES


                                                       Historically, stormwater management has been limited to the
                                                       planning, design, and implementation of storrnwater quantity
                                                       drainage improvements. Water quality controls were not
                                                       required.   The objective was simply to follow good
                                                       engineering practices in building drainage systems to pipe
                                                       the water off-site as efficiently as possible and into a stream
                                                       or into the municipal storm sewer system.

                                                       During the 1970's and 1980's several state and federal laws
                                                       and regulations were enacted which expanded local
                                                       government responsibility for stormwater management to
                                                       include the control of stream erosion, flooding, and water
                                                       quality problems caused by urban drainage. These programs
                                                       include the Virginia Erosion and Sediment Control Law, the
                                                       Chesapeake Bay Preservation Act, the Virginia Stormwater
                                                       Management Act, and the EPA's stormwater discharge
                                                       permitting regulations under the Nafional Pollutant Discharge
                                                       Elimination System (NPDES) program.

                                                       Localized Flooding
                                                       Stormwater drainage problems are located in a variety of
                                                       places throughout the City of Richmond. The majority are
                                                       found on the southside of the City, particularly in the area
                                                       annexed from Chesterfield County. Generally these are
                                                       caused by development which increases impervious surfaces
                                                       and, therefore, larger volumes of runoff which cannot be
                                                       handled by existing drainage systems.

                                                       In 1970 the City commissioned a study, updated in 1983,
                                                       which identified 13 problem areas and associated remedial
                                                       measures. The 13 problem areas have been grouped
                                                       together and prioritized according to severity, with priority
                                                       one representing the most serious problems such as
                                                       roadways covered by flood water and priority five/six being
                                                       problems of a much smaller scale. The estimated costs of
                                                       remediating each "priority group" follows:

                                                       PRIORITY GROUP                       ESTIMATED COSTS
                                                       One                                  $2.4 million (completed)
                                                       Two                                  $5.8 million
                                                       Three                                $6.3 million
                                                       Four                                 $10.0 million
                                                       Five/Six                             $4.0 million

                                                       Currently remediation    of these areas is being funded at
                                                       roughly $900,000 per year, at which rate it will take nearly
                                                       30 'years to complete all priority groups. The areas north of
                                                       the river require mainly upgrading and repairing of existing
                                                       facilities such as drainage ditches and storm sewers. South
                                                       of the river remediation measures are much more extensive
                                                       and include channel improvements and upgrading culverts
                                                       underneath roadways.




                       DRAFT 2/18/92                                                                              3-10





                        Chapter 3                                                        WATER RESOURCES


                                                         Reedy Creek
                                                         In addition to the six priorities stated above, Reedy Creek is
                                                         another drainage problem that has been separately identified
                                                         and prioritized. To date the City has spent approximately
                                                         $12.5 million channelizing Reedy Creek from Forest Hill
                                                         Park to Roanoke Avenue. Channelization remains to be
                                                         done from Roanoke Avenue to Midlothian and German
                                                         School Road. Progress is very slow due to funding
                                                         constraints; however, the City is obligated by a court order
                                                         to upgrade Reedy Creek in order to relieve flooding in the
                                                         shopping center at that location as a result of a suit in the
                                                         1970's.

                                                         During the development of the environmental element the
                                                         necessity and desirability of channelizing Reedy Creek was
                                                         questioned. Therefore, it is recommended that the City
                                                         review its plans for Reedy Creek flood relief to determine if
                                                         there are alternative solutions to that currently being
                                                         implemented which can satisfy the need for flood relief
                                                         within the environmental context of this element.

                                                         Stormwater Control Strategy/Program
                                                         It is recognized that the cumulative effect of stormwater-
                                                         carried pollutants is very damaging to water quality which
                                                         has led to a series of regulations and programs at the State
                                                         and Federal levels. This element recommends that the City
                                                         consolidate all of its storn-iwater related efforts into a single,
                                                         forward-looking program which satisfies the performance
                                                         requirements of all the regulations while streamlining the
                                                         process.

                                                         The proposed stormwater control strategy/program should
                                                         accomplish the following:

                                                         1.  Coordinate compliance efforts between agencies to
                                                             minimize duplication;

                                                         2.  consider Solutions more in tune with the natural systems
                                                             around which this plan is built as an alternative to or in
                                                             concert with structural engineering solutions; and

                                                         3.  periodically review compliance solutions to incorporate
                                                             changing technology, attitudes, and environmental
                                                             realities.

                                                         Stormwater Utility
                                                         The ability of local governments to generate enough money
                                                         to cope with water quality issues is particularly critical to the
                                                         success of storrnwater management programs. The Virginia
                                                         Revolving Fund Loan Program makes loans available below
                                                         market interest rates for non-point source pollution control
                                                         projects; chiowever, typically construction and on-going
                                                         stormwater management costs far exceed the ability of most



                        DRAFT 2/19/92                                                                                  3-11






                       Chapter 3                                                      WATER RESOURCES


                                                       local governments to adequately fund the new initiatives
                                                       through traditional funding sources.

                                                       The stormwater utility is an innovative financing alternative
                                                       which involves designating stormwater management as a
                                                       utility (similar to water, gas, and electricity) for the purpose
                                                       of reallocating the cost of local stormwater management
                                                       programs through a monthly or quarterly user fee assessed
                                                       to all property owners. The stormwater utility is a financing
                                                       option which has been popular in the western and
                                                       midwestem United States for the past 15 years. Now, with
                                                       increased pressure, eastern states are beginning to use this
                                                       technique, the first being implemented in Tallahassee,
                                                       Florida in 1986.

                                                       Legislation enacted during the 1991 session of the Virginia
                                                       General Assembly authorizes municipalities to establish a
                                                       utility or enact a system of service charges. Income derived
                                                       from service charges may not exceed the actual costs
                                                       incurred by a municipality and is to be used to recover costs
                                                       associated with the planning, design, land acquisition,
                                                       construction, operation, and maintenance activities.

                                                       The charges may be assessed to all property owners based
                                                       upon their contributions to stormwater runoff. A waiver is
                                                       required for governmental agencies that own and maintain
                                                       storm drainage and stormwater control facilities. The
                                                       legislation also authorizes the issuance of general obligation
                                                       bonds or revenue bonds in conformance with existing law,
                                                       collection of interest on overdue accounts, placement of liens
                                                       on property and entrance into multi-jurisdictional
                                                       arrangements.

                                                       A stormwater utility relies on a system of user fees in
                                                       proportion to stormwater discharges into the public drainage
                                                       system. Typically, the square footage of impervious surface
                                                       is reflected in the base unit for the user fee, because the
                                                       amount of impervious surface is a common indicator of
                                                       stormwater runoff and pollution discharge potential. This
                                                       method is more equitable than reliance on general fund
                                                       revenue because the fee is assessed to each parcel of land
                                                       based upon its usage of the drainage system rather than on
                                                       property value.

                                                       The most common user fee structures are built upon the
                                                       single family residential unit with all other uses (such as
                                                       multifamily, institutional, commercial and industrial)
                                                       expressed as ratios related to the single family unit. Very
                                                       sophisticated formulas can be used to make the system as
                                                       fair as possible, both between residential and non-residential
                                                       uses and within the residential categories (e.g. single family
                                                       and varying densities of multi-family).




                      DRAFT 2/18/92                                                                                3-12






                       Chapter 3                                                      WATER RESOURCES


                                                       New development can be required either to construct
                                                       stormwater management facilities that meet runoff quality
                                                       and quantity control requirements or pay an up-front fee to
                                                       participate in regional or basin-wide stormwater management
                                                       facilities.

                                                       Retrofitting of existing development requires significant
                                                       capital, for which two options for cost recovery are
                                                       available:

                                                       I . Including an annual capital improvement program in the
                                                           rate base so that the overall integrity of the system is the
                                                           responsibility of the entire community; and

                                                       2.  levying a special assessment on customers served by a
                                                           specific element of the system in proportion to their use
                                                           of the facility.

                                                       Finally, the stormwater utility is a user fee system that
                                                       integrates all user classes (residential, commercial,
                                                       industrial, and platted vacant land) into a fair and equitable
                                                       rate structure which can generate ongoing revenue from
                                                       monthly user fees and permit fees. The revenue earned from
                                                       the implementation of a stormwater utility is dependable,
                                                      ,renewable (because it is not in competition with general fund
                                                       needs, such as social services or law enforcement), and
                                                       leveragable (revenue bonds).

                                                       The revenue generated by user fees makes it possible to
                                                       phase out general fund contributions to local stormwater
                                                       programs. As a result, local public works departments have
                                                       adequate resources to construct stormwater management
                                                       facilities, to perform maintenance activities, and to
                                                       administer expanded stormwater maintenance programs to
                                                       meet state and federal regulations.

                                                       Recommendations
                                                       It is recommended that a unified stormwater control
                                                       strategy/program be established for the purpose of efficiently
                                                       meeting the City's current responsibilities, addressing the
                                                       coordination of City programs, and evaluating the impacts or
                                                       requirements of pending legislation.

                                                       In addition, the City is currently working toward
                                                       development of a strategy for compliance with the NPDES
                                                       stormwater requirements of the 1997 Clean Water Act
                                                       Amendments. Development of a stormwater utility is
                                                       anticipated as a potential financing mechanism for
                                                       implementation of the system ultimately proposed.

                                                       A. Develop       a    City-wide       stormwater        control
                                                           strategy/program which focuses on the reduction of
                                                           stormwater entering the City drainage system at the point
                                                           of origin and incorporates the following elements:


                      DRAFT 2/18/92                                                                                3-13






                       Chapter 3                                                      WATER RESOURCES


                                                           I . Integrates all stormwater regulatory requirements and
                                                               City goals.

                                                           2.  Utilizing existing permit review processes, require
                                                               that all development projects assume responsibility
                                                               for stormwater runoff either through incorporation of
                                                               measures on-site, participation in a City-wide
                                                               stormwater utility program, or an appropriate
                                                               combination of both.

                                                           3.  Flexibility and equivalency to utilize off-sets where
                                                               BMPs or remediation measures are not feasible on a
                                                               particular site.

                                                           4.  Use retention ponds and other structural BMPs, such
                                                               as detention storage facilities, in floodplains provided
                                                               this does not adversely affect existing beneficial
                                                               floodplain values.

                                                           5.  Encourages the use of permeable paving, perforated
                                                               paving blocks, and other innovative mechanisms for
                                                               addressing traditionally impervious areas where
                                                               appropriate and applicable.

                                                           6.  Assigns an equitable share of City-wide stormwater
                                                               treatment costs and provision for an opt-out from
                                                               imposition of a portion of these costs where on-site
                                                               stormwater control mechanisms (BMP's) are
                                                               incorporated.

                                                           7.  Promotes the development of regional or
                                                               neighborhood stormwater management facilities.

                                                           8.  Promotion and funding of non-structural BMPs for
                                                               publicly owned spaces and facilities which improve
                                                               the quality of stormwater runoff, such as leaf
                                                               collection and street cleaning.

                                                           9.  Coordinate compliance efforts between agencies to
                                                               minimize duplication of effort and increase
                                                               efficiency.

                                                          10. Periodically review compliance solutions to
                                                              incorporate changing technology, attitudes, and
                                                              environmental realities.

                                                       B. Develop City-wide stormwater treatment and volume
                                                           reduction measures which incorporate the following:

                                                           1. Seek remedial solutions for existing problem
                                                               situations such as flooding, erosion, and non-point
                                                               Source pollution.



                       DRAFT 2/18/92                                                                               3-14





                      Chaj1ter__J___                                                WATER RESOURCES


                                                          2.  Establishes requirements for retention or creation of
                                                              permeable cover for development.

                                                          3.  Incorporates model urban stormwater management
                                                              practices into new public development projects using
                                                              available leverage or control.

                                                          4.  Promotes landscape management practices which
                                                              limit the use of fertilizers and pesticides.

                                                          5.  Continues to fund and/or promote City-wide BMPs
                                                              which improve the quality of stormwater runoff such
                                                              as used oil recycling programs, leaf collection, street
                                                              cleaning, sewer maintenance, and on-site or
                                                              neighborhood structural or non-structural facilides.

                                                      C. Create a stormwater utility to implement the proposed
                                                          stormwater control strategy or program and assess
                                                          equitable user fees to cover the cost of such a program.

                                                          I . Incorporate within the stormwater utility the
                                                              assignment of costs or "rates" based upon the extent
                                                              to which an activity or land use contributes to
                                                              stormwater runoff.

                                                          2.  Include credit provisions in the stormwater utility
                                                              program so that property owners who have
                                                              implemented stormwater control facilities are charged
                                                              according to their actual generation of stormwater
                                                              runoff.

                                                      D. Establish a citizens advisory committee to advise the
                                                          Utility Director, City Manager and the City Council in all
                                                          matters regarding the implementation of the stormwater
                                                          control strategy/program. This committee should have
                                                          broad-based representation.

                      GROUNDWATER

                                                      OBJECTIVE
                                                      PROTECT THE QUALITY OF GROUNDWATER IN THE
                                                      CITY OF RICHMOND THROUGH THE REGULATION
                                                      OF LAND USES AND IMPLEMENTATION OF
                                                      POLLUTION CONTROL MEASURES.

                                                      The City of Richmond is situated on the fall line, a zone
                                                      characterized by an abrupt change between the piedmont
                                                      region to the west and the coastal plain to the east. The fall
                                                      line runs in a north/south orientation roughly aligned with I-
                                                      95. Several groundwater aquifers originate at the fall line
                                                      and flow in an easterly direction underneath the coastal plain.
                                                      The fall line is an important water recharge zone for these
                                                      aquifers.    Land use activities can adversely impact



                      DRAFT 2/18/92                                                                              3-15






                       Chapter 3                                                     WATER RESOURCES

                                                       groundwater quality and thus might affect the aquifer which
                                                       is the water supply source that serves several tidewater
                                                       Virginia localities. In addition, because groundwater
                                                       contributes to the flow of the James River and its tributaries,
                                                       groundwater can also contribute pollutants by its slow
                                                       migration to the river.

                                                       A stratum of impermeable clay, which varies from
                                                       approximately twenty to forty feet below the surface, can be
                                                       found beneath much of central and eastern Richmond. This
                                                       clay separates the shallow groundwater from the deeper
                                                       aquifers underneath. Contaminants from many sources over
                                                       the years have affected much of the shallow groundwater in
                                                       the older commercial and industrial areas of the City. There
                                                       are - cases of known soil contamination where pollutants
                                                       have migrated to the river via the groundwater (see figure ).

                                                       Contamination of groundwater is discussed in four primary
                                                       categories:

                                                       0  Underground Storage Tanks (USTs) for petroleum or
                                                          other substances.

                                                       0  Sites where soil has been contaminated by hazardous
                                                          materials spills (CERCLIS sites, discussed in the Solid
                                                          Waste chapter).

                                                          Solid waste disposal or handling facilities, primarily
                                                          landfills.

                                                          Miscellaneous sources such as non-point source
                                                          pollution from surface runoff.

                                                       Although some degree of groundwater contamination may be
                                                       present in many parts of the City, severe contamination is
                                                       not known to be widespread. Administration of the existing
                                                       programs described below and the additional studies
                                                       proposed, will contribute to a more complete understanding
                                                       of the present quality of groundwater in the City and how
                                                       best to maintain or enhance that quality.

                                                       Underground Storage Tanks
                                                       Underground petroleum or chemical storage tanks constitute
                                                       potential threats to groundwater due to leaks or accidental
                                                       spills. The Virginia Underground Storage Tank Program,
                                                       authorized under Articles 9 and 10 of the Water Control
                                                       Law, provides for the regulation of underground storage
                                                       tanks (USTs). This program requires registration of tanks
                                                       over 5,000 gallons with the State Water Control Board and
                                                       provides for the phased upgrade of all old tanks, strict
                                                       controls on new tanks, and funding for the cleanup of
                                                       leaking tanks.




                      DRAFT 2/19/92                                                                               3-16






                       Chaliter 3                                                   WATER RESOURCES


                                                      The law requires periodic inspection of tanks, upgrading to
                                                      prevent spills and repair or replacement of leaking tanks.
                                                      Mandatory replacement of older tanks by non-corrosive
                                                      tanks with spill preventers and other safety features is
                                                      required to occur by 1993. The City is responsible for the
                                                      permitting of the installation and removal of underground
                                                      storage tanks under the UST program. Installation permits
                                                      are administered by the Office of Building Inspection,
                                                      Mechanical Department, and removal permits are issued by
                                                      the Fire Bureau.

                                                      There are approximately 7,000 underground storage tanks
                                                      registered with the SWCB at 2,000 facilities in the City.
                                                      Since the UST program began in 1987, the City has, on
                                                      average, issued permits for the removal of approximately
                                                      300 underground storage tanks per year. There is estimated
                                                      to be approximately an equal number (7,000) of USTs that
                                                      do not fall under regulation. These are tanks under 5,000
                                                      gallons and are primarily household heating oil tanks.

                                                      City owned USTs currently number approximately 100.
                                                      Since the UST program began, roughly 30 City owned tanks
                                                      have been removed. A program is in effect that involves
                                                      testing all tanks annually and the replacement and/or removal
                                                      of those that fail. Most of the known problem tanks in active
                                                      use have thus been removed.

                                                      According to the State Water Control Board there are only
                                                      approximately two dozen sites in the City which are known
                                                      to be sufficiently contaminated to warrant monitoring or
                                                      remediation (see figure

                                                      Soil Contamination (CERCLA) Sites
                                                      Pollution of soil has occurred from various toxic or
                                                      hazardous materials disposed of or spilled in older industrial
                                                      areas of the City. No sites in Richmond are contaminated
                                                      enough to be classified as Superfund sites under the
                                                      CERCLA regulations at this time, although there are two in
                                                      Chesterfield, one in Henrico, and one in Hanover.

                                                      The Virginia Department of Waste Management maintains a
                                                      list of less severely contaminated sites, known as the
                                                      CERCLIS list, which may potentially be designated
                                                      Superfund sites in the future if worse contamination is
                                                      discovered or if standards become more stringent. There
                                                      currently are 12 sites in the City on the CERCLIS list (see
                                                      figure      ).  None of these sites are known to have
                                                      contaminated groundwater sufficiently to have been referred
                                                      to the State Water Control Board for monitoring or
                                                      remediation.






                      DRAFT 2/18/92                                                                             3-17












                                                                                               ...............
                                                                                 .............




                                                       AMF MANUFACTURING
                                                                                         .14 ROBINS"'
                                               ..........


                                         .... ......
                                             s
                                        E:`
                               A                                               -11111@Rli:HRIG:'CHROMET ATIN(

                                                    RICHMOND METRQ;,AUTH4..Q.UARRY



                                               ....... ................
                                                                                         6\REYN0LDS:**METAl
                                                                                        v
                                               ....... ...
                                                                                                  C ME - S C I E
                                                                               R
                                                                                                 R
                                                                                          ANT
                                                                       SMITH ALUMINL                 I
                                                                                         ?11ANT

                                                                                                      @HY INV
                                                                                                        LEA



                                                                                                   DEEPWAT
                         NTS

                                                                                                  PHILLIP M

                                                                                    -CASTLEWOOP KQAD
                                                                     VIRGINIA POWER










                                             RICHMOND SITES ON CERCLIS LIST-NOVEMBER 19





                      Chapter 3                                                      WATER RESOURCES


                                                      Landfills
                                                      The protection of groundwater at solid waste facilities is the
                                                      priority goal of the Virginia Solid Waste Management
                                                      Regulations. The regulations require, among other things,
                                                      monitoring of groundwater at permitted solid waste facilities
                                                      and the provision of liners to protect groundwater from
                                                      leachate for new facilities.

                                                      The Richmond Department of Public Works has
                                                      responsibility for the management of the City's solid waste
                                                      management facilities and their compliance with the State's
                                                      solid waste management regulations. There are five City
                                                      owned landfills in Richmond all of which are closed,
                                                      although one facility accepts construction debris from City
                                                      owned properties and projects (see figure       ). The site that
                                                      accepts debris has a leachate collection system and the
                                                      groundwater is sampled quarterly by the City at nearby
                                                      monitoring wells. The four other landfills do not have
                                                      groundwater monitoring programs in place.

                                                      Sewage Treatment Facilities
                                                      The Virginia Pollutant Discharge Elimination System
                                                      (VPDES) program is administered by the State Water
                                                      Control Board (SWCB) and requires a permit for discharges
                                                      to state waters. Over the last three years, the SWCB has
                                                      instituted in the VPDES program a requirement for the
                                                      permitting of public and private waste treatment lagoons in
                                                      an effort to limit groundwater contamination. The City's
                                                      new VPDES permit for the wastewater treatment plant
                                                      includes this groundwater monitoring requirement around its
                                                      sludge handling operation area.

                                                      Non-point Source Pollution
                                                      Non-point source (NPS) pollution is a possible source of
                                                      groundwater contamination depending upon the geology of
                                                      the area in question. The discussion of the hydrologic cycle
                                                      at the beginning of this chapter describes possible
                                                      contamination of groundwater from NPS pollution.

                                                      Recommendations
                                                      A.   Continue with the removal and/or replacement of
                                                           underground storage tanks in the City of Richmond
                                                           consistent with the State underground storage tank
                                                           program.

                                                      B.   Monitor the status of potential Superfund sites, as listed
                                                           on the CERCLIS list, through the Virginia Department of
                                                           Waste Management.

                                                              Pursue improvement of the quality of groundwater in
                                                              areas where known contamination exists.





                      DRAFT 2/18/92                                                                                3-18










                                                                                                                                                                                                                                                                                                        x


                                                                                                                                                                                                                                                                                                                                                      INECAMP









                                                                                                                                                                                                                                                                 IV

                                                                                                                                                                                                                                                                           AV?l-
                                                                                                                                                                                                                                        C,                                                                                                                                                 0.



                                                                                                                                                                                                                                                                                                                                                                            LP4


                                                                                                                                                                                                                                                                      SCHOOL STREE




                                                                                                                                  Of





                                                                                                                                                                                                                                                                                                                                                                 all






                                                                                                                                                                                                                    kv,

                                                                                                                                                                                                                                                                                          29TH & MAU] ty

                                                                             FEB. 1992

                                                                                            NTS
                                                                                                                                                                                                                                                                                    u
                                                                                                                                                                                                                                                                                   0





                                                                                                                                                                                                                                   ly





                                                                                                                                       LANDFILL SITES LOCATED IN RICHMC






                      Chapter 3                                                   WATER RESOURCES


                                                     C. Develop a groundwater management plan that could be
                                                        implemented through the City's land use regulatory
                                                        authority.

                                                        I . Pursue development of a hydrogeologic map of the
                                                            City which shows the locations and depths of
                                                            aquifers, describes the geology of the aquifers, and
                                                            contains information on the movement of
                                                            groundwater and the location and sources of springs
                                                            and artesian wells for use as a planning tool and
                                                            source of information for groundwater remediation
                                                            activities.

                                                        2.  Inventory land uses and sites which have had or
                                                            currently have the potential to contaminate
                                                            groundwater.

                                                        3.  Investigate the designation of groundwater recharge
                                                            areas as necessary based on a study of the
                                                            hydrogeologic map of the City.

                                                        4.  Develop a site plan review procedure that includes
                                                            facility design requirements aimed at groundwater
                                                            protection.

                      IN-STREAM FLOW

                                                     OBJECTIVE
                                                     MANAGE WATER WITHDRAWALS TO REDUCE THE
                                                     IMPACT ON NATURALLY OCCURRING FLOWS IN
                                                     THE JAMES RIVER IN ORDER TO MINIMIZE
                                                     ADVERSE EFFECTS ON DESIGNATED BENEFICIAL
                                                     USES.

                                                     The James River provides many benefits to metropolitan
                                                     Richmond including public water supplies for the City of
                                                     Richmond and portions of Henrico, Chesterfield,
                                                     Goochland, and Hanover Counties, process water for some
                                                     industrial users, habitat for many species of fish and other
                                                     aquatic life, and a wide variety of recreational uses. In the
                                                     past, the James River within the City has also supported
                                                     numerous hydroelectric power facilities. An adequate level
                                                     of water flow is necessary for each of these uses which
                                                     varies according to the use and the season of the year.

                                                     Historically there has been little problem with adequate in-
                                                     stream flow except during occasional periods of drought.
                                                     As demand for water in the region grows, it has become
                                                     apparent that there may be future supply problems,
                                                     specifically during times of below normal flow.





                      DRAFT 2/18/92                                                                           3-19






                      Chapter 3                                                     WATER RESOURCES


                                                      The State Water Commission has studied water flow
                                                      requirements but currently has no comprehensive policy on
                                                      in-stream flow sufficient to resolve many of the issues
                                                      involved in the Richmond region. The Richmond Regional
                                                      Planning District Commission (RRPDQ completed an
                                                      evaluation of James River in-stream flow in May 1991 as
                                                      part of its Richmond Regional Water Resources Plan. In
                                                      addition Henrico County, which has proposed to construct a
                                                      major water treatment plant upstream of the City, has
                                                      recently completed a study of James River flow required by
                                                      the U.S. Army Corps of Engineers as part of the intake
                                                      structure permit application process.

                                                      The RRPDC report concluded that the James River should
                                                      be sufficient to supply its portion of the region's water
                                                      consumption needs through the year 2030 in times of
                                                      average annual flows. The study also revealed that the flow
                                                      level required for several beneficial uses (primarily
                                                      recreation) would be violated numerous times each year; and
                                                      that during drought conditions, the integrity of the City's
                                                      water supply intake and the stability of the banks of the
                                                      James River and Kanawha Canal may be threatened.

                                                      The City has been designated as the "administering agency"
                                                      responsible for protection of the falls of the James River by
                                                      State statute.

                                                      Recommendations
                                                      A.  Continue stewardship of the James River within the City
                                                          limits with particular interest in the falls area and canal
                                                          systems.

                                                      B.  Participate in a regional cooperative effort to develop
                                                          measures that will reduce the impact of water
                                                          withdrawals on the in-stream flows needed for
                                                          designated beneficial uses such as domestic water
                                                          supply, waste assimilation, cultural, aesthetics, fish and
                                                          wildlife. habitat, and recreation.

                      WATER CONSERVATION

                                                      OBJECTIVE
                                                      DEVELOP A WATER CONSERVATION PROGRAM FOR
                                                      THE CITY OF RICHMOND IN CONJUNCTION WITH A
                                                      REGIONAL COOPERATIVE EFFORT.

                                                      The Richmond region has long enjoyed a plentiful source of
                                                      water in the James River; however, as water demand here
                                                      increases the City may begin to see the type of supply
                                                      problems which are being felt in many parts of the United
                                                      States. Although the acute water shortages of the western
                                                      U.S. are unlikely to be seen here, many eastern states are
                                                      beginning to experience bitter battles over water rights.


                      DRAFT 2/18/92                                                                              3-20





                      Chapter                                                       WATER RESOURCES


                                                      Consumptive uses, such as public water systems and
                                                      agriculture, have been pitted against each other and other
                                                      beneficial uses, such as recreation or maintenance of aquatic
                                                      ecosystems and threatened species. Without adequate water
                                                      volume in streams and rivers, groundwater quality can also
                                                      be threatened and the assimilative capacity of rivers to handle
                                                      wastes can be reduced.

                                                      One approach being used to resolve such conflicts is regional
                                                      or basin-wide cooperative pacts under which water resources
                                                      can be managed to minimize shortages and equitably share
                                                      water resources. Another too] is water conservation which
                                                      prolongs use of the water resource in drought conditions,
                                                      and can save the expense of water treatment and wastewater
                                                      treatment facility construction and operation.

                                                      Richmond area water shortages are not projected to be acute,
                                                      but problems are expected in low flow periods which may
                                                      impact recreational use of the river and its natural ecosystem.
                                                      Some threat to the City's water supply intake is even
                                                      possible. Other localities further downstream may also be
                                                      affected. Conservation measures for the City and other area
                                                      jurisdictions are thus prudent in terms of wise resource
                                                      management and cost savings to taxpayers.

                                                      The City participates in the RRPDC's Water Resources Task
                                                      Force which has developed a recommended list of strategies
                                                      for long term per capita water demand reduction. These
                                                      strategies include pursuing State authority to enact stricter
                                                      building code requirements for water saving fixtures,
                                                      retrofitting programs, improvements in metering and meter
                                                      replacement programs, leak detection and repair programs,
                                                      water rate structures which encourage conservation, public
                                                      education programs, water conserving landscaping practices,
                                                      and water reuse. These strategies have not been adopted as
                                                      part of an official plan for the Richmond region or for the
                                                      City.

                                                      Recommendations
                                                      A. Increase public awareness of the importance of water
                                                          conservation.

                                                      B. Develop and    adopt a drought contingency plan which
                                                          incorporates the following components:

                                                          I . Priorities for water usage.

                                                          2. Enforcement actions.

                                                          3. Coordination with other appropriate jurisdictions.





                      DRAFT 2/18/92                                                                              3-21





                       Chal2ter 3                                                     WATER RESOURCE


                                                       C.  Revise existing building code requirements to encourage
                                                           the use of water conservation fixtures such as low-flush
                                                           toilets, and flow restricted faucets and shower heads for
                                                           new development and renovation projects.

                                                       D.  Develop guidelines for use of xeriscaping and other
                                                           water conserving landscaping techniques for public
                                                           information and for use at City facilities and on City
                                                           controlled land.

                                                       E.  Employ water conservation efforts in City buildings and
                                                           facilities including evaluation of the feasibility of
                                                           incorporating a grey-water recycling program into City
                                                           owned buildings and facilities.

                                                       F.  Investigate the use of pricing mechanisms which
                                                           encourage water conservation on a regional basis or as
                                                           part of a regional pricing program.

                                                       G . Seek and support legislation for additional control
                                                           authority.

                      DRINKING WATER

                                                       OBJECTIVE
                                                       CONTINUE TO MEET OR EXCEED THE
                                                       REQUIREMENTS OF THE FEDERAL SAFE DRINKING
                                                       WATER ACT AS WELL AS THE VIRGINIA STATE
                                                       BOARD -OF HEALTH DRINKING WATER
                                                       REGULATIONS.

                                                       Richmond's Water-Treatment Plant produces water'which
                                                       exceeds both State and Federal drinking water standards at
                                                       the plant, Currently rated at 70 million gallons per day
                                                       (MGD), construction is underway to increase the plant's
                                                       rated capacity to 96 MGD. Also under construction is a-
                                                       floodwall which will protect the entire plant from James
                                                       River flooding. Within three or four years, the City plans to
                                                       have the plant certified for production of up to 132 MGD and
                                                       ultimately 150 MGD.

                                                       While the water treatment plant itself has adequate capacity to
                                                       serve the City'.s needs, there are two issues of potential
                                                       concern. One relates to protection of the supply of water to
                                                       the plant itself and the other relates to the quality of water at
                                                       the tap for human consumption.

                                                       Drinking Water Supply Protection
                                                       Drinking water supply sources include groundwater and
                                                       surface water. Water supply for the City of Richmond is
                                                       drawn exclusively from the James River. The Richmond
                                                       Water Treatment Plant is located in the western part of the
                                                       City where its intake is upstream from the Sewage Treatment


                      -DRAFT 2/18/92                                                                                3-22






                      Chapter        3                                            WATER RESOURCES


                                                    Plant, combined sewer outfalls, and most of the larger
                                                    volume storm sewer outfalls. Protection of that supply
                                                    involves the identification and management of sensitive areas
                                                    where supply can be polluted. The watersheds which
                                                    contribute to water supply are sensitive areas in that
                                                    improper development can contribute to water quality
                                                    degradation.

                                                    To some extent, protection of water supplies is afforded by
                                                    Federal and State laws and programs which promote and
                                                    monitor water quality. In addition, the jurisdictions of
                                                    Richmond, Chesterfield, Henrico, Hanover, Goochland,
                                                    and Powhatan, all of which contribute to and depend upon
                                                    the quality of water in the James River, are members of the
                                                    Richmond Regional Planning District Commission and
                                                    participate in the regional water resources task force.
                                                    However land use, which has great potential to impact water
                                                    quality, is regulated by local governments through their
                                                    comprehensive plans, zoning, subdivision, and other land
                                                    use ordinances.

                                                    The Chesapeake Bay Preservation program is a land use
                                                    based program geared toward protecting the most sensitive
                                                    lands within the City limits. In addition, approximately one
                                                    third of the City is served by the combined sewer system
                                                    which routes stormwater to the sewage treatment plant where
                                                    it receives tertiary treatment, the City enforces a city-wide
                                                    erosion and sediment control program, and conducts source
                                                    control programs such as street cleaning and leaf collection.

                                                    This environmental element recommends the initiation of
                                                    additional source control measures, consideration of
                                                    expansion of the designated Chesapeake Bay Preservation
                                                    Areas, designation of an environmental protection area
                                                    which may extend beyond the Chesapeake Bay Preservation
                                                    Areas (see page          ), and reevaluation of land use
                                                    classifications within the environmental protection district.

                                                    Drinking Water Quality
                                                    Under the Safe Drinking Water Act (SWDA), the EPA set
                                                    national standards for drinking water quality. In Virginia,
                                                    the Department of Health regulates drinking water quality
                                                    pursuant to the Virginia Public Water Supply Act, by issuing
                                                    permits which require compliance with state and national
                                                    standards. The Department of Health also has the primary
                                                    responsibility for enforcing compliance with all drinking
                                                    water standards and any other permit conditions.

                                                    The Virginia Department of Health has promulgated
                                                    Waterworks Regulations to guide its regulatory functions
                                                    under the Public Water Supply Act. These regulations
                                                    include:




                     DRAFT 2/18/92                                                                            3-23






                       Chapter 3                                                      WATER RESOURCES


                                                           Minimum health and aesthetic standards for pure water
                                                           (water fit for human consumption and domestic use) and
                                                           for water taken into waterworks.

                                                        ï¿½  Criteria for the siting, design and construction of water
                                                           supplies and waterworks.

                                                        ï¿½  Requirements for inspections and testing of water.

                                                        ï¿½  Requirements for issuing permits.

                                                        If a water system provides water for human consumption
                                                        and has at least 15 service connections, or regularly serves
                                                        an average of at least 25 individuals daily at least 60 days out
                                                        of the year, it is deemed to be a "waterworks" and is subject
                                                        to regulation. The term waterworks includes all structures,
                                                        equipment, and appurtenances used in the storage,
                                                        collection, purification, treatment and distribution of pure
                                                        water, except the piping and fixtures inside the building
                                                        where the water is delivered.

                                                        The Waterworks Regulations cover the same subjects as the
                                                        federal regulations, but provide one notable addition: they
                                                        require each waterworks to establish and enforce a program
                                                        of cross-connection control and backflow prevention.
                                                        Cross-connections are connections in the water system
                                                        which could allow "backflow" to occur. Backflow is the
                                                        flow of liquids into the water system from what should be a
                                                        discharge point, causing potential contamination of the water
                                                        system.

                                                        Pursuant to the SDWA, EPA has adopted the National
                                                        Primary Drinking Water Standards that prescribe the
                                                        maximum permissible levels of certain contaminants
                                                        (maximum contaminant levels or "MCLs") in water delivered
                                                        to end-users connected to any public water system. EPA has
                                                        also adopted national secondary drinking water regulations
                                                        which set maximum level for contaminants that affect the
                                                        aesthetic qualities of drinking water. They are merely
                                                        guidelines for the states and are not federally enforceable.

                                                        The National Primary Drinking Water Standards attempt to
                                                        deal with the problem of lead in drinking water. These new
                                                        standards are ten times as protective as previous regulations
                                                        which had an allowable lead level of 50 parts per billion
                                                        (ppb) measured anywhere in a water distribution system.
                                                        The goal of the new standard is for at least 90% of
                                                        monitored household drinking water taps to have a MCL of
                                                        15 ppb for lead, and 1.3 pprn (parts per million) for copper.

                                                        The standards require public water suppliers to monitor for
                                                        lead at household taps. Monitoring is to be of the first-draw
                                                        water, which contains the most lead, and is to take place in
                                                        at-risk homes: those with new lead solder (applied since


                       DRAFT 2/18/92                                                                                3-24






                     ChaptCr 3                                                    WATER RESOURCES


                                                     1982) or with lead service lines. Cities with populations
                                                     over 1(X),(X)O (this includes Richmond) will be required to
                                                     monitor 100 high risk homes twice a year. Systems which
                                                     exceed the 15 ppb MCL at any time after monitoring begins
                                                     must inform customers every six months how to minimize
                                                     drinking water lead exposure through an EPA-developed
                                                     public education program.

                                                     The standards focus on the main cause of lead in dfinking
                                                     water: corrosion of lead from pipes, solder, and fixtures
                                                     between the water treatment plant and the consumer's tap.
                                                     The more corrosive the water leaving the treatment plant, the
                                                     greater the chance that this water will leach lead from
                                                     plumbing and carry it to the consumer. In some cases water
                                                     suppliers can greatly reduce the amount of lead at the tap by
                                                     minimizing the corrosivity of water at the treatment plant.

                                                     Corrosion control treatments include using substances such
                                                     as lime and soda ash to reduce water acidity by increasing
                                                     pH and alkalinity. Corrosion inhibitors may also be added
                                                     to water to help form protective coatings inside pipes. If,
                                                     after corrosion control treatment has been in effect for three
                                                     years, tap water lead concentrations still exceed the MCL of
                                                     15 ppb, water suppliers are required to replace all lead pipe
                                                     service lines over a 15 year time period. Replacement can be
                                                     discontinued at any time the MCL is met.

                                                     Service lines connect household plumbing with the water
                                                     mains of the supplier. Public water suppliers are not
                                                     responsible for plumbing inside private homes at this time.
                                                     If suppliers have exhausted all the lead control options
                                                     mandated in the standards and lead concentrations still
                                                     exceed the MCL the supplier must continue its public
                                                     education program.

                                                     The City of Richmond is required by the Safe Dfinking
                                                     Water Act to meet the maximum contaminant levels (MCLs)
                                                     for a number of constituents, including lead and copper.
                                                     These levels may not be exceeded in more than 1,0% of the
                                                     samples taken for the purpose of drinking water monitoring
                                                     (90% of the sample must meet the standard). There is an on-
                                                     going debate among legislators, municipal representatives
                                                     and citizens concerning exactly where a municipality's
                                                     responsibility for water quality ends. The City contends that
                                                     its responsibility for water quality ends as the water passes
                                                     through the water meter at the consumer's home.

                                                     The new regulations require that systems that serve over
                                                     IM,000 people to begin testing of water at the tap. In
                                                     addition, the City must develop and implement a program of
                                                     corrosion control treatment, source water treatment, public
                                                     education, and lead service line replacement. It is estimated
                                                     that there are approximately 20,MO lead service lines in the
                                                     City system.


                     DRAFT 2/18/92                                                                             3-25






                       Chal2ter-3-                                                   WATER RESOURCES


                                                      The water system of the City of Richmond currently meets
                                                      the maximum contaminant levels (MCLs) mandated by the
                                                      Safe Drinking Water Act. It also has a cross-connection and
                                                      backflow monitoring system as required by the Act. In
                                                      addition, the City is currently drawing up a list of over 200
                                                      households from which to sample the drinking water.

                                                      Recommendations
                                                      A.  Implement the sampling (at the tap), operational, and
                                                          technical requirements of the new lead and copper
                                                          provisions of the Safe Drinking Water Act in a timely
                                                          manner.


                                                      B.  Develop a monitoring system to check for other
                                                          contaminants, toxics, and organics which can be used to
                                                          evaluate the quality of the drinking water as standards are
                                                          developed.

                                                      C.  Complete a study which will determine the
                                                          appropriateness of lead service line replacement. The
                                                          study should incorporate the following elements:

                                                          I . Identification of areas likely to have lead service
                                                              lines;

                                                          2.  determination of the extent to which lead service lines
                                                              contribute to the presence of lead in drinking water,

                                                          3.  identification of issues concerning replacement of
                                                              lead plumbing in the remainder of the house;

                                                          4.  identification and evaluation of alternative
                                                              remediation measures;

                                                          5.  analysis of lead service line replacement cost; and

                                                          6.  identification of alternative funding sources.

                                                      D.  Develop a strategy to analyze the findings of the lead
                                                          service line replacement study.

                                                      E.  Develop a public education program to increase
                                                          awareness of drinking water quality issues including
                                                          measures residents can take for protection from lead and
                                                          other contaminants which can enter the drinking water,
                                                          and the availability of home testing by private labs in the
                                                          City.







                      DRAFT 2/18/92                                                                               3-26






                      Chapter 3                                                    WATER RESOURCES

                                                     F . Pursue implementation of recommendations which
                                                         contribute to the protection of drinking water supply:
                                                         City-wide source control measures, expansion of the
                                                         Chesapeake Bay Preservation Areas, designation of an
                                                         environmental protection district, and reevaluation of
                                                         land use classifications within the environmental
                                                         protection district.

                      A REGIONAL APPROACH TO WATER ISSUES

                                                     OBJECTIVE
                                                     SUPPORT REGIONAL WATER RESOURCE
                                                     MANAGEMENT.

                                                     Previous sections have discussed the effectiveness of a
                                                     regional approach to the challenges of water supply
                                                     planning, management, and conservation. Even if James
                                                     River flow does not become a major problem in Richmond
                                                     in the near future, it is becoming apparent that the wise use
                                                     of water resources will increasingly be a matter of broader
                                                     concern, affecting not only this region, but eventually the
                                                     entire James River basin. The cost of water everywhere can
                                                     be expected to rise driven by the effects of federal and state
                                                     regulations.

                                                     There is widespread agreement that a regional approach can
                                                     be more cost effective and more efficient in conserving water
                                                     resources. Even though various obstacles may exist to full
                                                     regional cooperation at any given point in time, the City
                                                     should take a leadership role in working toward a true
                                                     regional approach to water resources management.

                                                     The City participates on the Water Resources Task Force of
                                                     the RRPDC and has taken an active role in developing the
                                                     draft portions of a Regional Water Resources Plan.
                                                     Richmond Mayor Walter Kenney sponsored the resolution
                                                     by which the RRPDC officially adopted the Recommended
                                                     Preferred Alternative I -Modified portion of the Plan in June
                                                     1991. The vote was divided, particularly over the issue of
                                                     timing of construction of the proposed Henrico County
                                                     water treatment plant.     Henrico is proceeding with its
                                                     application to build the plant immediately, even though that
                                                     would not be the most cost effective use of City or County
                                                     funds. Considerable work must be done for the regional
                                                     plan to become a meaningful policy document which is fully
                                                     endorsed by all member governments.









                      DRAFT 2/18/92                                                                             3-27





                    Chapter 3                                               WATER RESOURCES


                                                 Recommendations
                                                 A. Continue to participate in the RRPDC's Water Resources
                                                    Task Force.

                                                 B. Work through the RRPDC to develop a cooperative
                                                    regional approach to water quality and supply issues
                                                    such as conservation, usage, and in-stream flows.

                                                 C. Support the formation of a regiona   I water resource
                                                    management agency for the purpose of developing a
                                                    regional approach to water supply planning and
                                                    management.















































                    DRAFT 2/18/92                                                                      3-28



















              ..NATURAL FEATURES
                                                    Chapter 4





                            Chapter 4                                                    NATURAL FEATURES


                            INTRODUCTION

                                                            The urban landscape of Richmond has evolved over 200
                                                            years of adapting, molding, manipulating, and
                                                            accommodating the natural environment.                   Unique
                                                            opportunities exist within the City for expefiencing pristine
                                                            natural beauty within a context of amenities and
                                                            opportunities offered only by a structured, man-made urban
                                                            gystern. The extent to which the natural environment plays a
                                                            role in this system can be attributed to both vision on the part
                                                            of individuals as well as both coincidence and chance.
                                                            Because of       visionary planners, City leaders, and
                                                            philanthropists abundant mature street trees enhance
                                                            neighborhoods, and extensive public parks and unspoiled
                                                            natural corridors welcome citizens and visitors alike. The
                                                            health and attractiveness of the urban environment is
                                                            dependant upon how well natural amenities are preserved
                                                            and incorporated into future development. A healthy urban
                                                            environment contributes to the value of property and the
                                                            desirability of the City as a destination for visitors, and as a
                                                            place of residence and business.

                                                            The responsibility for ensuring the continuance of the City's
                                                            urban environment rests with the citizens of Richmond, the
                                                            City administration, and the City Council. The residents of
                                                            the City have the responsibility of making their concerns and
                                                            needs, both long and short term, known to their elected
                                                            officials and the City administration.               The City
                                                            administration must serve as a conduit between the citizens
                                                            and City Council for the development and implementation of
                                                            those plans and programs. The City Council must have the
                                                            vision necessary to adopt long range plans and strategies to
                                                            fulfill these needs. In addition, City Council must be
                                                            prepared to allocate resources to facilitate the implementation
                                                            of these plans.

                                                            The ability of the City to control the physical environment
                                                            originates from its land use authority granted under the City
                                                            Charter.     City Council is empowered to adopt a
                                                            comprehensive plan, zoning ordinance, and related land use
                                                            regulations. Additional tools have been granted to the City
                                                            by the General Assembly to protect sensitive lands and
                                                            structure the urban environment. Further opportunities have
                                                            been identified in this chapter which meet current
                                                            environmental and development objectives yet may require
                                                            additional le"M Mithority as granted by the General
                                                            Assembly.

                                                            This chapter provides an information base and a policy
                                                            framework for decision-making on the part of City officials.
                                                            The chapter also describes plans, programs, and strategies
                                                            recommended to facilitate the City's ability to protect and
                                                            enhance present and future resources.



                           DRAFT 2/21/92                                                                                 4-1





                     Chapter 4                                                    NATURAL FEATURES



                     GOAL

                                                      PRESERVE AND ENHANCE RICHMOND'S NATURAL
                                                      FEATURES AND RECREATIONAL AMENITIES FOR
                                                      THE ENJOYMENT OF ALL CITIZENS.

                     URBAN LANDSCAPE

                                                      OBJECTIVE
                                                      PROMOTE THE PRESERVATION AND MAINTEN-
                                                      ANCE OF EXISTING VEGETATION AND GUIDE THE
                                                      PLANTING OF NEW VEGETATION FOR THE
                                                      PURPOSE OF IMPROVING THE QUALITY OF
                                                      DEVELOPMENT, IMPROVING THE AESTHETICS OF
                                                      THE CITY, PROVIDING HABITAT FOR URBAN
                                                      WILDLIFE, AND MINIMIZING STORMWATER
                                                      RUNOFF.

                                                      The role of natural vegetation in the urban environment
                                                      extends beyond simple aesthetics. Mature trees whether
                                                      lining public streets, grouped in small forests and parks, or
                                                      incorporated into private development provide a variety of
                                                      benefits for the environment and assist the economic health
                                                      of the City.     They provide shade and help regulate
                                                      temperature, help control stormwater runoff and erosion,
                                                      provide shelter and habitat for wildlife, and filter pollutants
                                                      and carbon dioxide frorn the air while emitting life-giving
                                                      oxygen. The existence of mature trees on residential lots and
                                                      lining residential streets also contribute to enhanced property
                                                      values, leading to improved tax revenues.

                                                      Under the City Charter, the City is empowered to plant and
                                                      care for trees in City parks and public rights of way. The
                                                      preservation and maintenance of the City's trees is the
                                                      responsibility of the Department of Recreation and Parks
                                                      Tree Division. UnfortUriately, the Division is financially
                                                      limited in what it can accomplish as far as preservation and
                                                      maintenance programs are concerned. Over the years budget
                                                      cuts have forced the Division to compromise its seasonal
                                                      maintenance prograrn. Today it administers a program
                                                      which is much more crisis oriented and complaint based than
                                                      is desirable. The City CUrrently is losing street trees to age,
                                                      diseaseand darnage at,
                                                                              a faster rate than they can be replaced.
                                                      The City Currently has no tree ordinance or comprehensive
                                                      rna nagemen t/pre servat ion program; however, the City
                                                      Arborist has developed an ordinance and is preparing to
                                                      submit'it to City Council.

                                                      Preserv ation and proper maintenance of trees and natural
                                                      vegetation on private property are equally critical to our
                                                      natural environment. This is true both for remaining
                                                      undeveloped land as well as developed properties. The City


                     DRAFT 2/21/92                                                                                 4-2





                      Chapter 4                                                 NATURAL FEATURES


                                                    has authority to require preservation or replacement of trees
                                                    and other vegetation in certain cases in Chesapeake Bay
                                                    Preservation Areas.


                                                    A recommendation of the environmental element is to
                                                    develop a landscape ordinance to require the preservation of
                                                    vegetation, replacement of vegetation removed during the
                                                    construction process, and planting of vegetation on sites
                                                    where it previously may not have existed. Very clear legal
                                                    authority exists regarding the development of a tree
                                                    conservation ordinance, and an ordinance which provides
                                                    for the planting and replacement of trees during the
                                                    development process; however, at this time there appears to
                                                    be no authority for the more general goals envisioned for a
                                                    landscape ordinance.

                                                    Recommendations
                                                    A. Develop and implement a municipal landscape
                                                         management program which addresses the following
                                                         issues:

                                                         I .Preservation and maintenance of existing vegetation
                                                            on City-owned property.

                                                         2. Management of the removal and replacement of
                                                            hazardous dead or dying trees on City-owned
                                                            property.

                                                         3. Planting and replacement of trees on City-owned
                                                            property.

                                                         4. Planting of new vegetation on City-owned property,
                                                            including guidelines for planting, maintenance,
                                                            species (encourage the use of native species in
                                                            planting projects), location, diversity, and safety.

                                                         5. Establishment of programs in which citizens or
                                                            organizations can participate in the maintenance of
                                                            landscape features on City-owned property such as
                                                            adopt ,
                                                                  -a-tree, adopt-a-spot, adopt-a-park, adopt-a-
                                                            ga rd e n.

                                                         6. Unauthorized removal of vegetation on City-owned
                                                            property.

                                                         7. Guidelines for tree trimming with utilities, such as
                                                            Virginia Power, C&P, etc. on City-owned property.

                                                         8. Priorities and funding for accomplishment of the
                                                            above.

                                                    B. Develop and adopt a Landscape Ordinance, for the
                                                         regulation of private development projects, to include the
                                                         following:


                     DRAFT 2/21/92                                                                              4-3





                          Chal2ter 4                                                NATURAL FEATURES


                                                             I .Requirements for the submission of landscape plans
                                                                during existing land development review processes.

                                                             2. Requirements for the preservation and maintenance
                                                                of existing vegetation.

                                                             3. Requirements for transitional buffering and
                                                                landscaping between land uses, including park
                                                                spaces.

                                                             4. Requirements for the landscaping of parking lots.

                                                             5. Design standards for the preservation of existing
                                                                vegetation, planting, and maintenance of
                                                                landscaping.

                                                             6. Tree canopy requirements.

                                                         C.  Seek and Support legislation for additional control
                                                             authority to apply landscape ordinance requirements to
                                                             development within the City of Richmond, specifically to
                                                             require the placement of new vegetation where it does
                                                             not already exist.

                                                         D.  Develop a public education program, administered by the
                                                             Department of Recreation and Parks, to assist
                                                             homeowners with the preservation of existing vegetation;
                                                             the selection, planting, and maintenance of new
                                                             vegetation; and the selective clearing of sight lines,
                                                             particularly in environmentally sensitive areas and areas
                                                             designated for protection.

                                                             I .Include courses on plant selection, planting, and
                                                                maintenance in the adult education curriculum in City
                                                                schools.

                                                                Institute programs within the Department of
                                                                               C@
                                                                Recreation and Parks which focus on gardening and
                                                                horticulture as a way to increase awareness of the
                                                                importance of vegetation and ground cover.

                          URBAN WILDLIFE                HABITAT

                                                         OBJECTIVE
                                                         PRESERVE, MANAGE, AND PROMOTE URBAN
                                                         WILDLIFE AND WILDLIFE HABITAT IN A MANNER
                                                         CONSISTENT WITH THE RESOURCES AND NEEDS
                                                         OF THE CITY.

                                                         Urban wildlife and natural habitat provide many benefits to
                                                         the city dweller. A subtle, but unmistakable, sense of
                                                         psychological well-being and harmony with nature come



                          DRAFT 2/21/92                                                                            4-4





                                   Chapter 4                                                    NATURAL FEATURES


                                                                    from sharing the environment with wildlife, especially when
                                                                    it can be viewed in a natural environment. Areas of natural
                                                                    habitat can be used for educational purposes and allow city
                                                                    residents to participate in enriching and fulfilling activities.
                                                                    A natural environment allows for a host of recreational
                                                                    activities including fishing, bird watching, and creative arts
                                                                    such as photography and painting.

                                                                    The City of Richmond is home to a surprisingly wide variety
                                                                    of wildlife and habitat. In addition to the species of birds
                                                                    and mammals usually associated with an urban environment,
                                                                    such as pigeons and mice, the City has populations of
                                                                    raccoons, rabbits, deer and other mammals; frogs, toads,
                                                                    lizards and other amphibians and reptiles; and hosts of insect
                                                                    species. All of these forms of animal life require habitat in
                                                                    which to carry on their life processes. Habitat provides food
                                                                    sources, cover from predators, shelter from the weather,
                                                                    suitable places for reproduction, and protection from
                                                                    disturbance.


                                                                    As habitat shrinks in size and becomes disconnected due to
                                                                    development of natural open space, wildlife becomes more
                                                                    concentrated and competition for available space increases.
                                                                    This leads to I number of problems including:

                                                                    ï¿½  Additional physical and psychological stress as
                                                                       competition for space and food increases; and

                                                                    ï¿½  increased contact with humans and their pets, which may
                                                                       or may not be harmful, but which can lead to disease
                                                                       transmission, nuisances, and animals being struck by
                                                                       cars.


                                                                    Another problem associated with the disconnected nature of
                                                                    urban wildlife habitat is the greater degree of mobility
                                                                    required for wildlife as it forages for food and shelter. As the
                                                                    resources of one habitat area are used up the wildlife must
                                                                    travel to other -areas.

                                                                    The cost of providing this habitat for wildlife can be quite
                                                                    small. Provision for greenways and planning for wildlife
                                                                    POPLIlatIOI1S "LIP front" are two ways in which habitat can be
                                                                    saved or augmented. By simply leaving open fields and
                                                                    green spaces as meadows, or Cutting them only once or
                                                                    twice a year, the City or other property owners can provide
                                                                    habitat for grOUnd-dwelling mammals and birds. Tree
                                                                    preservation and maintenance programs can also be utilized
                                                                    to provide additional habitat for birds and mammals by
                                                                    preserving nesting areas in standing trees and through the
                                                                    use of felled trees to form nesting sites.

                                                                    The City Currently maintains the James River Park and other
                                                                    natural areas for the enjoyment of the public. These areas
                                                                    provide habitat for many of the wildlife species found in the


                                  DRAFT 2/21/92                                                                                  4-5





                            (:hapter 4                                                 NATURAL FEATURES


                                                            City. Park regulations and City ordinances exist which
                                                            prohibit the destruction of park property and require that
                                                            dogs be leashed so as minimize disturbance to wildlife. The
                                                            City is also participating in the development of greenways in
                                                            and around the City which will provide paths between
                                                            habitat areas for wildlife.

                                                            Another way for the City to maintain wildlife habitat is to
                                                            incorporate into the development review process guidelines
                                                            for preserving open space and consideration of open space
                                                            configuration, plant species and other factors. Sensitive site
                                                            design can accomplish wildlife protection without sacrificing
                                                            other objectives. Steps for accomplishing this include the
                                                            following:

                                                            0  Identify wildlife species on site;

                                                            0  identify existing habitat on the site;

                                                               identify existing plant species and their habitat or food
                                                               value on site;

                                                            ï¿½  consider adjacent land uses and possible impacts of
                                                               development on wildlife and habitat;

                                                            ï¿½  plan the open spaces on the site so as to make it more
                                                               attractive to wildlife;

                                                               integrate wildlife considerations into negotiations with
                                                               developers; and

                                                               review the architectural design elements of the
                                                               development to identify possible conflicts between
                                                               human and wildlife use.

                                                            The City of Richmond's zoning ordinance has different open
                                                            space requirements for different land uses. Residential
                                                            developments must have I percentage of the lot designated as
                                                            "livable space," meaning unpaved open space. Office,
                                                            commercial, and industrial uses have no livable space
                                                            requirement, although many projects of a complex nature
                                                            require site plan review or approval of a plan of
                                                            development. These review processes offer opportunity for
                                                            negotiation regarding site design; however, there are not
                                                            Currently any specific requirements or guidelines which
                                                            protect wildlife.

                                                            All of the above measures can best be undertaken if the City
                                                            has an inventory of wildlife and habitat, and a management
                                                            plan for habitat protection and enhancement. Such a plan
                                                            can serve as a guide for the City in maintaining and-
                                                            developing its own properties, for citizens in maintaining
                                                            their properties, and for developers and City officials
                                                            administering development regulations.


                            DRAFT 2/21/92                                                                              4-6





                      Chapter 4                                                    NATURAL FEATURES



                                                      Recommendations
                                                      A.   Develop a Habitat Management Plan for the City of
                                                           Richmond which provides for the preservation and
                                                           maintenance of habitat, and maximizes the opportunities
                                                           for the public to interact with native wildlife populations
                                                           as appropriate. The plan should include the following:

                                                           I . Identification of habitat areas to be preserved and left
                                                               untouched.

                                                           2.  Identification of habitat areas suitable for public
                                                               access.

                                                           3.  A plan for the maintenance and management of those
                                                               areas suitable for public access.

                                                           4.  Identification of areas suitable for the development of
                                                               wildlife habitat.

                                                           5.  Mechanisms for participation by public and private
                                                               groups in the development of additional wildlife
                                                               habitat.

                                                           6.  Guidelines for habitat preservation to be incorporated
                                                               into development regulations and processes.

                                                       B. Provide educational opportunities regarding wildlife
                                                           habitat with the assistance of public and private groups.

                                                           I . Develop signage programs for City parks which
                                                               educate users about urban wildlife habitat
                                                               preservation activities.

                                                           2.  Sponsor or promote activities which expose the
                                                               public to the opportunities for managed interaction
                                                               with wildlife which exist in the City.

                                                           3.  Develop programs designed to educate citizens on the
                                                               provision of wildlife habitat areas in their own
                                                               backyards.

                                                           4.  Incorporate species identification and protection
                                                               techniques into an urban wildlife education program
                                                               for the Public schools.










                      DRAFT 2/21/92                                                                                  4-7





                     Chapter 4                                                  NATURAL FEATURES


                     URBAN FISHERIES                 MANAGEMENT

                                                     OBJECTIVE
                                                     PROMOTE THE DEVELOPMENT AND MANAGEMENT
                                                     OF THE JAMES RIVER AND APPROPRIATE LAKES-
                                                     AND STREAMS WITHIN THE CITY AS URBAN
                                                     FISHERIES.

                                                     The City of Richmond is home to a great many urban fishery
                                                     resources, the James River being by far the largest. The
                                                     James River rapids are widely regarded as having the best
                                                     smallmouth bass fishing in the United States and the areas of
                                                     flat water above and below the downtown area are known
                                                     for having exceptional largemouth bass fishing. The
                                                     BassMasters Tournament, a nationally recognized
                                                     largemouth bass fishing toumament, was held in the City for
                                                     three years. Fishing has become so popular in the City that
                                                     sions of over-fishing are beginning to be seen in some
                                                     species. This has resulted in size limits being imposed on
                                                     the over-fished species.

                                                     Some of the most heavily fished areas of the City include:

                                                     0  The 14th Street Bridge, which is the most popular
                                                        "fishing hole" in the City;

                                                     *  Ancarrow's Landing (the Richmond Boat Ramp), which
                                                        has excellent bank fishing;

                                                     0  the dock of the Intermediate Terminal, which also has
                                                        good bank fishing;

                                                     0  the Huguenot Woods section of James River Park,
                                                        which has facilities for putting in canoes and john boats;
                                                        and

                                                     0  the Pony Pasture section of James River Park, which
                                                        also is a good place to put in a canoe.

                                                     All of these spots are at least partially accessible to
                                                     handicapped individUalS. Improvements have been made to
                                                     Ancarrow's Landin,,, making it more appealing as a family
                                                     fishing spot.

                                                     Anadronious fish, fish that spawn in fresh water and then
                                                     return to either the Chesapeake Bay or Atlantic Ocean, such
                                                     as shad, herring, and striped bass, may be blocked in their
                                                     upstream migration by the dams of the James River.







                     DRAFT 2/21/92                                                                              4-8






                             Chapter 4                                                 NATURAL FEATURES


                                                            Breaching these darns or building fish ladders might assist
                                                            these species to Continue their migration. These fish are
                                                            caught not only for recreation but also have commercial
                                                            value. Sustainable natural populations of these species
                                                            would add to Richmond's reputation as having significant
                                                            fish resources.

                                                            The City is working closely with the Department of Game
                                                            and Inland Fisheries to provide fish passages through the
                                                            dams along the James River. The Manchester and Brown's
                                                            Island dams have been breached; however, fish gates for the
                                                            Brown's Island dam remain to be purchased. The William's
                                                            Island dam is the next dam scheduled to be breached which
                                                            will allow fish passage all the way through the City to
                                                            Boshers Dam at the western boundary.

                                                            With the increased interest in fishing comes an increase in
                                                            the awareness of outdoor recreation activities in general.
                                                            More attention is focused on the James River and its
                                                            immediate environs. For this reason fishing can also serve
                                                            an important educational role for inner-city children and
                                                            adults. The Department of Recreation and Parks and the
                                                            Richmond Newspapers Company have sponsored a number
                                                            of organized fishing excursions for City youth. These have
                                                            been very Successful in bringing the issues of fishery
                                                                         and resource protection to the attention of more
                                                            management,
                                                            people.

                                                            Recommendations
                                                            A.  Develop a Fisheries Management Plan for the City of
                                                                Richmond which provides for the development and
                                                                management of urban fisheries, and maximizes fishing
                                                                opportunities for the public.

                                                                I .Identify and provide access to existing and potential
                                                                                            ance of public and private
                                                                   fisheries with the assist,
                                                                   groups.

                                                                2. Increase handicapped access to fisheries, particularly
                                                                   in areas imp,
                                                                               acted by the floodwall.

                                                                3. Provide for the maintenance, and policing of urban
                                                                   fishery access points.

                                                            B.  Provide educational opportunities regarding fisheries
                                                                preservation. and management with the assistance of
                                                                Public dnd private groups.

                                                                I .Develop. signage programs for fishery access points
                                                                   which educate users about fishery management and
                                                                   preservation activities.

                                                                2  Sponsor or promote activities which expose the
                                                                   public to fishing opportU n i ties.


                            DRAFT 2/21/92                                                                             4-9





                            Chapter 4                                                    NATURAL FEATURES


                                                                3. Incorporate species identification and protection
                                                                    techniques into an urban fisheries education program
                                                                    for the public schools.

                                                             C. Continue with implementation of plans to breach
                                                                Williams Island Dam and support efforts to fund a fish
                                                                passage at Boshers Dam.

                            ENVIRONMENTALLY                     SENSITIVE AREAS

                                                             OBJECTIVE
                                                             IDENTIFY,          PROTECT, AND ENHANCE
                                                             ENVIRONMENTALLY SENSITIVE AREAS WITHIN
                                                             THE CITY CONSISTENT WITH THEIR ROLE IN THE
                                                             URBAN ECO-SYSTEM AND CONTRIBUTION TO
                                                             WATER QUALITY

                                                             Environmentally sensitive areas are sites which can be
                                                             damaged by the impacts of land use and development. The
                                                             goal of environmentally sensitive area protection is two-fold:
                                                             to protect water quality; and to protect special features of the
                                                             terrain Such as wetlands, floodplains, and wildlife habitat
                                                             which have other important environmental or cultural values.
                                                             Richmond is home to a number of environmentally sensitive
                                                             areas and features including wetlands, subaqueous
                                                             bottomlands, floodplains, and diverse geologic features such
                                                             as steep slopes and soils of high erodibility.
                                                                                           L_

                                                             The management of environmentally sensitive areas is
                                                             controlled by a variety of regulatory schemes as described in
                                                             the Appendix. These include regulations which deal with
                                                             water quality, land development and sediment control, and
                                                             habitat protection laws.

                                                             Wetlands
                                                             There are two types of wetlands:

                                                             0  Tidal wetlands-formed by the tidal flow of bodies of
                                                                water; and

                                                             0  non-tidal wetlands, usually located adjacent to tidal
                                                                wetlands, rivers and streams, or occasionally in isolated
                                                                flat or low-lying areas.

                                                             Wetlands are important for a number of reasons:

                                                             ï¿½  Flood conveyanceand storage;

                                                             ï¿½  sediment and Pollution control;

                                                                haWtat and food Source for wildlife;




                            DRAFT 2/21/92                                                                               4-10










                                                                           PATTERSoM

                                                                                                                                                    r


                                                                                                                                                     rn



















                                                                          HILL







                                                                                                                                    ro



                                               *WETLANDS

                                                                                                                              ID.





                      Chal2ter 4                                                 NATURAL FEATURES


                                                     ï¿½   recreation and open space;

                                                     ï¿½   water Supply; and

                                                     ï¿½   educational opportunities.

                                                     Section 404 of the Clean Water Act established the
                                                     jurisdiction of the U.S. Army Corps of Engineers (ACOE)
                                                     over wetland development. Before wetlands can be filled of
                                                     disturbed, a permit must be obtained from the ACOE. The
                                                     pen-nitting process involves a determination by the ACOE,
                                                     Virginia Marine Resources Commission (VMRQ, and the
                                                     local wetlands advisory board (if one exists) that the
                                                     wetlands disturbance is necessary and unavoidable. City
                                                     programs, such as the Chesapeake Bay Preservation
                                                     Program and the erosion and sediment control regulations,
                                                     also prohibit or apply performance standards to development
                                                     in wetlands which are located Chesapeake Bay Preservation
                                                     Areas (see figure )

                                                     Subaqueous Bottorn Lands
                                                     Subaqueous bottomlands, including river beds, stream beds,
                                                     and channels are all considered the property of the
                                                     Commonwealth of Virginia. As such, they are subject to
                                                     regulation. The VMRC is empowered to issue permits
                                                     which allow the encroachment upon state bottomlands
                                                     provided the proposed encroachment meets required
                                                     standards. These permits do not interfere with the riparian
                                                     owners' rights and privileges, which extend to the "mean
                                                     low-water mark."       There are five exemptions from
                                                     pen-nitting:

                                                     0   Erection Of aUthorized dams;

                                                     0   the lawful and permitted taking of shellfish;

                                                     0   federal navigation and flood-control measures;

                                                     9   piers, docks, terminals, and facilities owned by the State
                                                         and leased to localities; and

                                                         noncommercial private piers.

                                                     Floodpl,-ins
                                                     Floodplains are low-lying areas adjacent to rivers and
                                                     streams which are subject to periodic flooding when
                                                     upstream or local precipitation causes the volume of water to
                                                     exceed the normal capacity of the waterway. In their natural
                                                     conditions vegetated floodplains serve important functions
                                                     by filtering runoff before it enters the waterway, temporarily
                                                     storing floodwaters and slowing their velocity, and
                                                     providing habitat for wildlife.




                      DRAFT 2/21/92                                                                            4-11










                                                                 PATTERSON



                                                                                                                                   rn




















                                                                HILL













                                            LEGEND


                                            FLOODPLAIN
                                  once ..... w FLOODWALL


                                                                                                                      %





                      Chapter 4                                                  NATURAL FEATURES


                                                     Development in floodplains interferes with most of these
                                                     natural functions and is at risk of damage in times of flood.
                                                     Generally, development should be discouraged where
                                                     possible, and designed to avoid flood damage where
                                                     encroachment in the floodplain is necessary and permissible
                                                     under applicable regulations.

                                                     In Virginia, regulation of development in floodplains is
                                                     vested primarily in localities, acting through local land use
                                                     controls and within constraints imposed by Federal
                                                     floodplain insurance requirements. The City's Floodplain
                                                     Management        Ordinance establishes standards for
                                                     development which is permitted to take place in the floodway
                                                     and floodway fringe. De-velopment in the floodplain is also
                                                     regulated by the City's Chesapeake Bay Preservation
                                                     program, under which the Resource Management Area
                                                     includes the limits of the IW year floodplain.

                                                     The City and the ACOE are Currently working together to
                                                     build a $__ million floodwall which will protect a
                                                     Substantial portion Of SOLIthside, downtown, and Shockoe
                                                     Bottom from flood damage (see figure                ).   Upon
                                                     completion of the floodwall, scheduled for 1993, the City
                                                     will request a reevaluation of the floodplain designation
                                                     which will make redevelopment of many sites feasible.

                                                     Steep Slopes and Other Geologic Features
                                                     Steep slopes offer variety and visual appeal in many parts of
                                                     Richmond's landscape. Often they exist as pockets of
                                                     undeveloped open space and thus provide many benefits in
                                                     the form of wildlife habitat, wilderness or attractive natural
                                                     spaces and buffers within the community. Usually found
                                                     along the James River and tributary streams, improper
                                                     development of steep slopes could adversely impact water
                                                     quality if improperly developed (see figure          ). Steep
                                                     slopes are most vulnerable when exposed during
                                                     construction. Over half of the steep slopes within the City of
                                                     Richmond are designated as Chesapeake Bay Preservation
                                                     Areas and must comply with the recently adopted program.
                                                     In addition, property owners must Comply with the erosion
                                                     and sediment control regulations for land disturbance of
                                                     greater than 4,000 square feet City-wide and in areas where
                                                     additional control 111eaSUresare deemed necessary.

                                                     Recommendations
                                                     A. Identify environmentally sensitive areas, such as
                                                         wetlands, which are appropriate for protection.

                                                     B.  Incorporate provisions for the protection of designated
                                                         environmentally sensitive areas into City ordinances and
                                                         review processes.
                                                         I . ReqLlire@`ihe delineation of environmentally sensitive
                                                             areas on development plans.


                      DRAFT 2/21/92                                                                             4-12










                                                               PATTERSON






















                                                               HILL








                                                                                                    tp



                  (6 AREA OF STEEP SLOPES
                                   (20-0/o MIN. GRADE)






                                Chapter 4                                                 NATURAL FEATURES



                                                                  2.  Encourage the exploration of alternatives to
                                                                      development within the environmentally sensitive
                                                                      areas.


                                                                  3.  Require the mitigation of development impacts on
                                                                      environmentally sensitive areas.

                                                                          Identify potential areas for mitigation of
                                                                          development impacts.

                                                               C. As major changes warrant, evaluate floodplain and
                                                                  floodway designation and pursue amendment as
                                                                  appropriate.

                                                               D. Modify the Floodplain Management Ordinance to
                                                                  incorporate recognition of the various functions of the
                                                                  floodplain Such as water quality improvement, flood
                                                                  attenuation and velocity reductions, and provision of
                                                                  habitat.

                                                                      Identify portions of the floodplain which serve to
                                                                      protect the water quality of the James River and
                                                                      develop standards for land development within those
                                                                      areas.


                                                               E. Integrate the protection of environmentally sensitive
                                                                  areas with the stormwater control strategy/program for
                                                                  appropi-iate utilization of these areas.

                                URBAN OPEN SPACE

                                                               OBJECTIVE
                                                               ENSURE AVAILABILITY AND ACCESS TO OPEN
                                                               SPACE, RECREATION, AND NATURAL AREAS FOR
                                                               ALL CITIZENS OF RICHMOND THROUGH
                                                               IMPLEMENTATION OF A MASTER PLAN FOR PARKS
                                                               AND NATURAL AREAS.

                                                               The City of Richmond offers a great variety of open space
                                                               and natural areas for the enjoyment of all citizens of the
                                                               metropolitan area. Open spaces include public and private
                                                               school grOLinds, gOlf COUrses, cemeteries, and the more
                                                               traditional landscaped parks and recreation centers. Of equal
                                                               importance are the small, neighborhood-oriented open
                                                               spaces such as "vest pocket" parks (sites usually less than
                                                               two acres featuring playgrounds and small picnic areas).
                                                               Natural areas ilICILide tracts of land undisturbed by
                                                               development, Such as the James River Park, areas adjacent
                                                               to development which remain "wild", such as the landscaped
                                                               banks along the Downtown Expressway.




                                DRAFT 2/21/92                                                                           4-13





                            Chapter 4                                                   NATURAL FEATURES


                                                            Open space and natUral areas provide two primary functions:
                                                            recreation and conservation. Recreation areas include both
                                                            active facilities, such as ballfields and playgrounds, as well
                                                            as passive parks and less developed open areas for activities
                                                            such as hiking, picnicking, and fishing. Conservation areas
                                                            are lands that serve the general purposes of protecting vital
                                                            resources and preserving an ecological balance. These
                                                            include areas devoted to wildlife conservation, areas of
                                                            unique geological or botanical interest, areas which provide
                                                            protection of air and water resources, and areas of historic
                                                            and scenic interest.

                                                            The benefits attributed to access to open space and natural
                                                            areas include psychological benefits gained from visual relief
                                                            from the urban environment and the opportunity for physical
                                                            relaxation; conservation benefits gained from the
                                                            preservation of wildlife and habitat; and economic benefits
                                                            gained by the increased value of nearby property and
                                                            increased appeal to potential residents, businesses, and
                                                            tourists alike.

                                                            The City of Richmond has an extensive system of park and
                                                            recreation facilities which are maintained and operated by the
                                                            Department of Recreation and Parks (see figure       ). These
                                                            include a diverse offering of active playgrounds and natural
                                                            wilderness areas. The City Master Plan examines the
                                                            publicly owned park and recreation facilities in some detail,
                                                            including an assessment of their adequacy to serve the
                                                            population of the community, based upon national and state
                                                            guidelines.

                                                            The adequacy of recreation areas is evaluated according to
                                                            two criteria:

                                                                The acreage of space devoted to recreation, based on
                                                                standards in use by the Virginia Outdoor Recreation
                                                                Commission; and

                                                                The nUrnber of recreation facilities and the amount of
                                                                equipment available for use, based upon standards used
                                                                by the National Recreation and Park Association.

                                                            As SLImmarized in the Master Plan the 655 acres devoted to
                                                            recreation exceeded the recommended 552 acres based upon
                                                            2.5 acres per 1,000 people in 1983. The Plan evaluates the
                                                            distribution of facilities in relation to neighborhood
                                                            population, but does not distinguish between active and
                                                            passive recreation, between dense urban situations versus
                                                            more suburban areas, or among different socio-economic
                                                            groups which may have different needs.

                                                            According to the Master Plan there were 1,383 acres in eight
                                                            major parks (defined as over 30 acres) which exceeded the
                                                            recommendation of 1, 180 acres (at 5 acres/1,000 people) by


                            DRAFT 2/21/92                                                                              4-14






                                                                      t































                                      vENUE





















                                               ARW,






                                                       NV,

              .FEB. 1992

               LIEGEND

        0 PUBLICLY OWNED PARKS
          PRIVATELY OWNED OPEN/GREEN SPACE
          CEMETERIES                                                      4
        0 SCHOOLS
        0 OTHER PUBLICLY OWNED OPEN/GREEN SPACE
        NTS                                         OPEN SPA.CE MAPk






                            Chapter 4                                                   NATURAL FEATURES


                                                            the National Recreation and Park Association standards.
                                                            Twenty seven minor parks included 97 acres which fell far
                                                            short of the 548 acres recommended by the NRPA
                                                            standards. Since 1983 additional park land has been added
                                                            to the City system, including 390 acres proposed for
                                                            Pocosham, Powhite, and Stony Point parks.

                                                            Master Plan for Parks and Natural Areas
                                                            Today, nearly ten years after the current City Master Plan
                                                            was approved, there is a need for a comprehensive
                                                            reevaluation of the City's existing open space and natural
                                                            areas and needs in light of a variety of factors, including:

                                                            ï¿½   Changes in the City's population;

                                                            ï¿½   budget and personnel Cuts and other changes affecting
                                                                maintenance or operations;

                                                                new trends in the recreation and parks field;

                                                            0   ernergina environmental issues; and
                                                                    rn In

                                                            0   concern that important privately owned natural areas may
                                                                be lost to development.

                                                            The environmental element recommends the development of
                                                            a master plan for Urban parks and natural areas for the
                                                            purpose of protecting the parks, recreation, and open space
                                                            resources which exist today as well as guiding the City in
                                                            adjusting City-owned resources to meet future needs. The
                                                            plan would involve the integration of open spaces and
                                                            natural areas with recreation programs and services. In
                                                            addition, the plan would work in concert with the City
                                                            Master Plan to implement the Lqeenways plan currently being
                                                            developed by the Metro Richmond Greenways Advisory
                                                            Committee. As explained in the following section, a
                                                            greenways network would enhance park and recreation
                                                            facilities by linking them to the City's open spaces and other
                                                            attractions through a system of pathways, thus increasing
                                                            access to those facilities by all residents of the metropolitan
                                                            area.


                                                            Recommendations
                                                            A.  Develop a master plan for parks and natural areas within
                                                                the City which addresses physical and maintenance
                                                                needs, identifies opportunities for the expansion of the
                                                                City recreation and parks system, and ensures
                                                                aval ability and access to open space, recreation and
                                                                natural areas forall citizens of Richmond.

                                                                I . Identify areas appropriate for the expansion of the
                                                                   system consistent with the greenways plan.




                           DRAFT 2/21/92                                                                              4-15






                           Chapter 4                                                   NATURAL FEATURES


                                                               2.  Identify opportunities for expansion of the system,
                                                                   i.e. vacant or under-utilized land either publicly or
                                                                   privately owned.

                                                               3.  Implement capital improvements and allocate
                                                                   maintenance resources consistent with the park
                                                                   master plan.

                                                           B. Designate the Department of Recreation and Parks as the
                                                               agency responsible for development and maintenance of
                                                               all plans for City-owned parks and natural areas.

                                                           C.  Provide opportunities for public input in all park
                                                               planning efforts.

                                                           D.  Review the recreation and open space standards currently
                                                               used in the City Master Plan to determine their
                                                               applicability given the varying densities, development
                                                               patterns and human needs in each of the City's nine
                                                               planning districts.

                                                               I . Identify standards appropriate for each planning
                                                                   district.

                                                               2.  Identify potential recreation and open space
                                                                   opportunities within those areas to account for
                                                                   deficiencies.

                                                           E.  In  the denser residential areas of the City ensure the
                                                               existence of publicly accessible open space within
                                                               walking distance of all residents.

                                                           F.  Provide adequate access to the City's open space and
                                                               recreation areas.

                                                               I . Determine which areas require additional, or
                                                                   improved, access.

                                                                   Continue to provide public transit service to all major
                                                                   parks in the City.

                                                               3.  Expand the development of sidewalks consistent
                                                                   with their role in providing both urban open space
                                                                   and ZICCeSS to Urban open space.

                                                           G. Prioritize the maintenance and renovation of existing
                                                               parks and recreation areas, and the development of new
                                                               facilities so as to ensure eqL1,1I access to these areas by all
                                                               City residents.







                           DRAFT 2/21/92                                                                              4-16






                        Chapter 4                                                       NATURAL FEATURES


                                                         H    Within the context of tile park master plan, develop long
                                                              range, strategic plans for the each of the City's parks and
                                                              natural areas which address physical needs and outline a
                                                              program for achieving these needs consistent with
                                                              appropriate community planning processes. Long range
                                                              plans should address the following issues for each park.

                                                              I . Maintenance requirements .

                                                              2.  Priorities for funding improvements.

                                                              3.  Security.

                                                              4.  Demp standards for facilities and structures.

                                                              5.  Appropriateness of and opportunities for expansion
                                                                  or reduction of park boundaries.

                                                              6.  Role of each park within the larger City and regional
                                                                  park system.

                                                              7.  Opportunities for regional cooperation.

                                                              8.  Management and staffing.

                                                         I .  Develop and implement design standards for use when
                                                              planning the development or renovation of publicly
                                                              owned property including park and recreation areas,
                                                              niedian strips, road rights-of-way, utility easements,
                                                              vacant parcels, islands, floodplains and other
                                                              environmentally sensitive areas as appropriate.

                                                         J .  Develop public lands for use as parks in accordance with
                                                              approved design standards.

                                                              I . Identify public lands suitable for use as parks.

                                                              2. Apply deshlyn standards to individual development
                                                                              I
                                                                  projects as they are funded.

                                                         K.   Plan for the availability of funding for parks and
                                                              recreational facilities through a wide variety of funding
                                                              techniques SLIch as bond issuance, grant resources,
                                                              conservation easements, and purchase of development
                                                              rights.

                                                         L.   Develop a mechanism, consistent with the park master
                                                              plan, through which the City can encourage and accept
                                                              donatio ns of la rid, money, and other resources for use in
                                                              preserving, maintaining, and expanding the park system.






                       DRAFT 2/21/92                                                                                    4-17






                     Chapter 4                                                  NATURAL FEATURES


                                                    Greenways
                                                    In the last two decades there has been a growing recognition
                                                    that parks, open spaces, and other natural areas or cultural
                                                    points of interest can become more accessible f they are
                                                    interconnected as part of a system rather than existing in
                                                    isolation.    Community leaders have also found that
                                                    previously neglected areas such as abandoned railroad fights
                                                    of way or unused riverbanks can become valued parts of
                                                    such a system for relatively little money.

                                                    This has evolved into the concept of a "greenway" network
                                                    of open spaces connected by linear park-like strips,
                                                    supplemented where necessary by sidewalk "greyways", to
                                                    provide many miles of pathways through the city for
                                                    walking, jogging, cycling and other forms of exercise or
                                                    outdoor recreation. Greenways also serve as habitat and
                                                    passageways for wi)dlife, thus affording them mobility, and
                                                    expanded feeding and nesting grounds.

                                                    Development of a system of greenways raises many issues
                                                    including liability and funding for property acquisition,
                                                    construction, and maintenance. Access issues can often be
                                                    handled by easement rather than outright purchase,
                                                    volunteers can often aid in construction and maintenance,
                                                    and materials can be donated.

                                                    The Richmond metropolitan area has been chosen by the
                                                    National Park Service (NPS) to develop a metropolitan
                                                    greenway plan with assistance through its Rivers and Trails
                                                    Conservation program. The Metro Richmond Greenways
                                                    Project is a cooperative regional effort being developed by an
                                                    advisory committee of 40-50 individuals from the City of
                                                    Richmond, the counties of Hanover, Henrico, and
                                                    Chesterfield, area civic and environmental groups, and the
                                                            al Park Service. The process envisioned for the
                                                    Nation,
                                                    completion of the project includes:

                                                        Inventory and map existing resources using available
                                                        data and the Council on the Environment's GIS system.
                                                        This inventory and mapping was presented to the
                                                        advisory committee in November 1991.

                                                        Public meetings to generate public enthusiasm and ideas
                                                        were held in February and March 1992.

                                                        Goals and objectives were developed at the public
                                                        meetings and then 'refined into actual plan elements in
                                                        spring 1992.

                                                        Approval of the plan is expected at the beginning of
                                                        summer 1992.

                                                        The aCtUal mechanics of implementation will be in place
                                                        at the end Of Summer 1992.


                     DRAFT 2/21/92                                                                             4-18





                      Chapter 4                                                  NATURAL FEATURES


                                                     The environmental element recommends the greenway plan
                                                     be adopted by City Council and incorporated into the
                                                     previously defined master plan for parks and natural areas as
                                                     well as into the City Master Plan.

                                                     Recommendations
                                                     A.  Continue to be an active participant in the Metro
                                                         Richmond Greenways project to develop a system of
                                                         greenways throughout the City of Richmond to provide
                                                         non-motorized linkages between parks, recreation areas,
                                                         natural resources, trails, roadways, and cultural
                                                         attractions; to provide habitat and pathways for wildlife;
                                                         and to provide linkages with open space in adjacent
                                                         jurisdictions.

                                                     B.  Adopt the greenways plan as recommended by the Metro
                                                         Richniond Greenways Advisory Committee and
                                                         incorporate it into the City Master Plan and the
                                                         recommended master plan for parks and natural areas
                                                         accordingly.

                                                     C.  Implement the greenways plan through the Capital
                                                         Improvements Program (CIP), incorporation into City
                                                         projects, and by seeking the support of private property
                                                         owners for the donation of land and easements.

                                                         I . Construct sidewalks as necessary to connect open
                                                             space, recreation areas, and cultural attractions
                                                             consistent with the greenways plan.

                                                         2.  Include sidewalks in street projects consistent with
                                                             the greenways plan.

                                                         3.  Incorporate the ability to provide linkages or access
                                                             consistent with the greenways plan into the design
                                                             and construction of combined sewer overflow
                                                             control projects, pipelines, and utility easements.

                                                         4.  Implement park and recreation area development and
                                                             renovation projects through the CIP consistent with
                                                             the greenways plan.
                                                                Z-1

                                                     D. Designate the Department of Recreation and Parks as the
                                                         agency responsible for the development and maintenance
                                                         of a City greenways system.

                                                         I . Provide adeqUate funding for the development and
                                                             maintenance of the greenways system.

                                                         2.  Provide the Department of Recreation and Parks the
                                                             means to delegate its authority for maintenance of the
                                                             greenways system to other City agencies and private
                                                             Volunteer groups where appropriate.


                      DRAFT 2/21/92                                                                            4-19






                      Chapter 4                                                   NATURAL FEATURES


                                                      E.  Develop a mechanism by which private landowners can
                                                          dedicate their property, or easements through their
                                                          property, for public access or open space purposes
                                                          consistent with the greenways plan.

                                                      F.  Cooperate in the implementation of the greenways plan
                                                          with the counties of Henrico, Hanover, and Chesterfield.

                      RIVER PROTECTION AND ENHANCEMENT

                                                      OBJECTIVE
                                                      PROTECT THE RECREATIONAL, AESTHETIC, AND
                                                      ENVIRONMENTAL ATTRIBUTES OF THE JAMES
                                                      RIVER CONSISTENT WITH ITS ROLE AS A UNIQUE
                                                      URBAN WATERWAY.

                                                      The City of Richmond has approximately 24 miles of
                                                      waterfront alon- the James River. Most of the land along
                                                      the river's edge is in a natural state today. Even where
                                                      adjoining property is developed, the river's edge itself is
                                                      largely untouched, or has reverted to a naturally vegetated
                                                      condition where it had previously been developed.      -

                                                      A large percentage of the riverfront is owned by the City as
                                                      part of the James River Park system. Development has been
                                                      discouraged oil private properties by a number of
                                                      constraints, including steep slopes, railroad rights of way,
                                                      and severe floodplains. The City's Master Plan encourages
                                                      protection of the riverfront in a general way, but for the most
                                                      part, there have been no programs or regulations to ensure
                                                      protection Of this natural asset. The Chesapeake Bay
                                                      Preservation Program recently adopted by the City now
                                                      provides a regulatory tool to ensure water quality protection
                                                      and preservation of tile natural visual quality as well.

                                                      The issue regarding development of the James River
                                                      waterfront is largely one of balance: how to use the unique
                                                      assets of the river to add to the quality of life, to provide
                                                      exposure to the river for recreation and education, and to
                                                      serve as a catalyst for development and for the marketability
                                                      of the City without despoiling the resource and without
                                                      adding to the pollution of the Chesapeake Bay. In fact, it
                                                      should be possible to improve water quality by preserving
                                                      existing natural areas essentially as they are and by
                                                      redeveloping existing intensely developed areas following
                                                      the requirements of the Chesapeake Bay Preservation
                                                      Program.







                      DRAFT 2/21/92                                                                              4-20





                             Chapter 4                                                   NATURAL FEATURES


                                                             River Resources
                                                             The characteristics of the James River vary considerably
                                                             over its course through the City. The riverbank offers
                                                             excellent natural habitat for many plant and animal species,
                                                             while the river harbors aquatic life. At the western edge of
                                                             the City upstream of Boshers Dam the river is flat, slow
                                                             moving, clean, and Useable for swimming and boating much
                                                             like a large lake. From Boshers Dam to the fall line at
                                                             approximately the 14th Street Bridge the river is rocky and
                                                             moves swiftly over rapids, offering a different recreational
                                                             experience.

                                                             Through downtown, the character of the river's edge is
                                                             alternately hard and urban, and soft and natural; and the river
                                                             itself is a mixture of wild water, functioning bridges, and
                                                             remnants of old bridge piers and dams. From the fall line to
                                                             the downstream City boundary the river slows again,
                                                             becomes tidal, and provides boating access all the way to the
                                                             ocean. This section again becomes predominantly natural,
                                                             punctuated at intervals by industrial structures or their
                                                             docking facilities.

                                                             The tide change is normally between one and two feet in
                                                             elevation, however, the banks are relatively steep, and the
                                                             amount of shore exposed between tides is quite small in
                                                             most areas. The only significant exception is a sandbar off
                                                             the downstream tip of Chapel Island and a resulting small,
                                                             unvegetated tidal flat. Almost without exception, the 7.1
                                                             miles of tidal shores within the City limits do not support
                                                             aquatic vegetation.

                                                             The James River its it passes through the City of Richmond
                                                             has been designated as a State scenic river. The City has
                                                             been designated as the "administering agency" responsible
                                                             for protection of the river's natural beauty in consultation
                                                             with the "advisory board."         The Falls of the James
                                                             Committee, appointed by the Governor, serves as the
                                                             advisory board and they are charged with assisting and
                                                             advising the administering agency concerning the protection
                                                             or management of the scenic river. The Falls of the James
                                                             Committee has been investigating opportunities for pursuing
                                                             national desi-nation of the James River as a scenic or
                                                             recreational river.

                                                             Shoreline Erosion
                                                             Normally, shoreline erosion is not a problem along most of
                                                             the James River in Richmond. Annual bank erosion is so
                                                             sli,,ht that the City has seen little need to construct erosion
                                                             control strUCtUres in recent history except as part of
                                                             protection and maintenance of riverbank park structures or
                                                             bridges.

                                                             During flood events Scouring and erosion occur in
                                                             proportion to the depth and velocity of the floodwaters.


                             DRAFT 2/21/92                                                                               4-21





                       Chapter 4                                                    NATURAL FEATURES


                                                       Vegetation, which naturally reestablishes itself, and soil are
                                                       stripped away in some of the natural areas of the floodway
                                                       durino major floods. Man-made structures in the riverfront
                                                       park areas also suffer from flood related erosion and
                                                       sometimes ire totally swept away.

                                                       Shoreline Erosion Control Structures
                                                       In the developed areas near Downtown rip-rap has been used
                                                       to protect the banks of Browns Island, part of Chapel Island,
                                                       and the James River Corporation properties. The base of the
                                                       floodwall, where it abuts the river, is also being protected
                                                       with rip-rap from the Manchester Bridge to the 1-95 Bfidge.
                                                       Bulkheads constructed many years ago along the shore
                                                       downstream of Chapel Island to the Intermediate Terminal
                                                       serve as both docking facilities and erosion control
                                                       structures.


                                                       Siltation occurs oil a continuous basis just below the fall line
                                                       as the river bends and loses velocity, dropping out silt
                                                       carried from upstream. The Army Corps of Engineers
                                                       (ACOE) maintains the river channel by periodic dredging up
                                                       to the industries below Chapel Island and the Intermediate
                                                       Terminal. Spoil from the dredging operation is currently
                                                       deposited ill a designated area oil the southside adjacent to I-
                                                       95. During the early part of this century a series of short
                                                       jetties wereCOnStFlicted at intervals on the Henrico bank of
                                                       the River from approximately the City line downstream for
                                                       several miles. Little is known about these stone structures
                                                       which apparently were built ill an effort to control siltation
                                                       patterns to seek to preserve the river channel and lessen the
                                                       need for channel maintenance.

                                                       Density of Docks and Piers
                                                       There are approximately seven existing docks and piers
                                                       within the City, the largest and most active of which are the
                                                       Deepwater Terminal owned by the Richmond Port
                                                       Authority, the Interniediate Terminal owned by the City, and
                                                       two facilities used by Tarniac in their sand and gravel
                                                       operations South of Chapel Island.

                                                       Three potential sites for public access and possibly marina
                                                       development exist: oil the north bank between Chapel Island
                                                       and the City limits, and potentially at the two qualTy sites on
                                                       the south side (one South of the sewage treatment plant and
                                                       one South of Goodes Creek) should the quarries become
                                                       inactive. In addition to meeting the requirements of the
                                                       Chesapeake Bay Preservation Program development of
                                                       public access is required to meet strict standards regarding
                                                       construction of utility hook-ups and pumping facilities as
                                                       well as management reqUirenients to guard against accidental
                                                       spills or other emissions into the river. New construction of
                                                       docks or piers elsewhere in natural areas will be
                                                       discouraged.



                      DRAFT 2/21/92                                                                                4-22








                                                                                        r-61
                                                       PATTERSON












                                                          1.5





                                                                             13



                                                                               9           2
                                                    s  HILL                                        9

                                                                                                   to

                     LEGEND
                                                                                                   ro
                 ARIVER ACCESS POINTS
                  0 DOCKS AND PIERS


                                                                             IN,
                       ACCESS POINTS TO THE JAMM RIVER


             1.   ANNCARROWS LANDING
             2.   INTERMEDIATE TERMINAL
             3.   GREAT SHIPLOCK PARK
             4.   REYNOLD'S METALS ACCESS POINT
             5.   BELLE ISLE PARK
             6.   BELLE ISLE PEDESTRIAN BRIDGE
             7.   TREDEGAR STREET ACCESS POINT
             8.   JAMES RIVER PARK - 22ND STREET ENTRANCE
             9.   JAMES RIVER PARK - TEXAS AVENUE ENTRANCE
             10.  JAMES RIVER PARK - REEDY CREEK AREA                                                             74
                  JAMES RIVER PARK - 42 ND STREET AREA
             12.  PUMPHOUSE PARK
             13.  JAMES RIVER PARK - THE WETLANDS
             14.  JAMES RIVER PARK - PONY PASTURE
             15.  JAMES RIVER PARK - HUGUENOT FARMS




















             0000




























                   NTS
                F E B. 19 9 2


               LEGEND

         -----VISUAL BOUNDARY
            POTENTIAL WATER RECREATION AREAS


                                                 VISUAL BOUNDARY NIA





                            Chapter 4                                                   NATURAL FEATURES


                                                            Riverfront Land Use and Development
                                                            In general, the City's policy toward development of the
                                                            riverfront falls into two types of areas and intensities of
                                                            development :

                                                            ï¿½  Low intensity, natural areas developed to provide public
                                                               access to the river and passive recreation activities only.

                                                            ï¿½  Medium to high density, urban areas where most of the
                                                               natural conditions have been removed and the river
                                                               provides a development amenity.

                                                            Low Intensity, Natural Areas
                                                            Except for the Intensely Developed Areas (IDAs) noted on
                                                            the Chesapeake Bay Preservation Areas map, most of the
                                                            shoreline is natural and should remain in a natural state.
                                                            Recreation, education, and interpretation of the river, natural
                                                            marine and wildlife habitats, and adjacent woodlands and
                                                            open space would be the primary activities.

                                                            All land within one hundred feet the river, or more
                                                            depending upon the characteristics of the area, is designated
                                                            as part of the Resource Protection Area (RPA) under the
                                                            City's Chesapeake Bay Preservation Program. Only water-
                                                            dependent uses or redevelopment of a site are permitted
                                                            within tile RPA. For water-dependent uses, any ancillary
                                                            uses SLIC11 as parking must be sited outside the RPA. The
                                                            contemplated development must comply with the
                                                            requirements of the Chesapeake Bay program, thus adverse
                                                            water quality impacts will be minimized.

                                                            Restoration of the James River and Kanawha Canal is
                                                            recommended its a means of providing additional public
                                                            access to the riverfront and a recreational amenity of historic
                                                            value. In addition, the conversion of Mayo Island into
                                                            public open space is recommended due to its accessibility by
                                                            City residents, including the handicapped, the availability of
                                                            excellent fishing opportunities, and the potential for boating
                                                            access.


                                                            MediUrn and Higher Density Development Areas
                                                            The Chesapeake Bay Preservation Program is geared toward
                                                            encouraging develop'ment within the IDAs where a net
                                                            improvement in water quality is gained through application
                                                            of the performance criteria, particularly the stormwater
                                                            quality requirements. IDAs have been designated on the
                                                            north side of the river between tile James River Corporation
                                                            property and the eastern City limits, oil the south side of the
                                                            river between the Manchester Bridge and the 1-95 Bridge,
                                                            and at the Port of Richmond. Concentration of IDAs in
                                                            these areas allows development which will contribute to the
                                                            revitalization of Downtown and adjacent areas to occur while
                                                            gaining a [let improvement in water quality.



                            DRAFT 2/21/92                                                                              4-23





                             Chapter 4                                                    NATURAL FEATURES


                                                             Richmond Floodwall
                                                             Development of the floodwall on the south bank of the river
                                                             between the Manchester Bridge and the 1-95 Bridge will put
                                                             that portion of the riverbank in public ownership for the first
                                                             time. Public access consists of a walkway which stretches
                                                             between the Manchester Bridge and Brander Street with
                                                             numerous overlooks providing spectacular views of the river
                                                             and Downtown. The City is working with the Virginia
                                                             Department of Game and Inland Fisheries to provide
                                                             additional access to the river for fishing. Behind the
                                                             floodwall commercial and industrial development is expected
                                                             once the flooding threat is removed and revision of the
                                                             floodplain designation is accomplished.

                                                             On the north bank the floodwall stretches between 12th and
                                                             21st Streets with pedestrian access points planned at Byrd
                                                             Street just east of 12th Street, at 14th Street, and at Dock and
                                                             17th Streets. A river overlook is being constructed at Byrd
                                                             and l2th Streets.

                                                             The environmental element recommends that additional
                                                             riverfront access, including handicapped access to the water
                                                             and to the wall itself, be provided in conjunction with the
                                                             floodwall project. A program for proper management of the
                                                             banks and their vegetation, which preserves the integrity of
                                                             the floodwall while allowing re-establishment of the natural
                                                             habitat, should be developed and implemented.

                                                             Recommendations
                                                             A. Develop a conservation and management plan which
                                                                 provides for the protection of the James River and its
                                                                 immediate environs.

                                                                 I . Develop and maintain an inventory of the
                                                                     characteristics of the river which make it worthy of
                                                                     protection.

                                                                 2.  Identify and inventory the current status of land
                                                                     ownership and Uses adjacent to the river.

                                                                         Identify the potential uses of the land adjacent to
                                                                         the river which would be enhanced or curtailed
                                                                         thrOLIgh conservation and protection efforts.

                                                                 3.  Develop and implement a conservation and protection
                                                                     mechanism, including seeking inclusion of the James
                                                                     River into the National Wild and Scenic Rivers
                                                                     System if appropriate and/or applying to the federal
                                                                     River and Trall Conservation Assistance Program for
                                                                     assistance in generating private landowner initiatives
                                                                     and enhancin- state and local conservation efforts.

                                                             B. Enhance and preserve the free-flowing nature of the
                                                                 James River.


                            DRAFT 2/21/92                                                                                4-24





                                  Chapter 4                                                   NATURAL FEATURES


                                                                      I .Determine the appropriateness and feasibility of
                                                                         removing remaining dams, obsolete bridge piers, and
                                                                         other structures which inipede the flow of the James
                                                                         River.

                                                                      2. Continue to pursue the construction of fish passages
                                                                         around obstructions to improve anadromous fish
                                                                         migration.

                                                                 C. Develop a program for the protection of view-sheds and
                                                                      scenic horizons as seen from the James River.

                                                                      I .Identify and designate areas for protection within the
                                                                         City Master Plan.

                                                                      2. Develop and implement a protection mechanism
                                                                         similar to the urban design district overlay.

                                                                      3. Incorporate appropriate standards for development
                                                                         within designated protection areas into existing
                                                                         review processes.

                                                                 D.   Utilize existing land use authority to implement
                                                                      protection needs.

                                                                 E.   Seek and Support the development of in-stream flow
                                                                      standards Sufficient to support indigenous aquatic life
                                                                      and recreational uses.

                                                                 F.   Seek and Support legislation for additional control
                                                                      authority to apply river protection strategies and
                                                                      standards to development within the City of Richmond.

                                                                 G .  Designate an Environmental Protection Area as an
                                                                      overlay to the Master Plan which encompasses
                                                                      designated Chesapeake Bay Preservation Areas and other
                                                                      appropriate natUral areas adjacent to CBPAs to create a
                                                                      larger network Of I'latUral open spaces in concert with the
                                                                      greenway plan.to accomplish the following purposes:

                                                                      I .Protection of water quality through the Chesapeake
                                                                         Bay Preservation Program.

                                                                      2. Protection of natural vegetation.

                                                                      3. Development of continuous, non-motorized public
                                                                         access greenways or greenway linkages.

                                                                      4. Protection of wildlife habitat, valuable visual open
                                                                         space, and other features which are environmentally
                                                                         sensitive.




                                 DRAFT 2/21/92                                                                              4-25












                                                     ool




                      J

                    Vy.





                               A









                                                          v


                                                                        :4
                 FEB-1992

                   NTS
                                                        0








                                 ENVIRONMENTAL PROTECTION AREA MAP





                       Chapter 4                                                  NATURAL FEATURES


                                                       H. Create an Environmental Protection District overlay to
                                                          the zoning ordinance to require a review of all
                                                          development plans within the designated Environmental
                                                          Protection Areas.

                       GENERAL LAND USE

                                                       OBJECTIVE
                                                       INCORPORATE INTO THE MASTER PLAN
                                                       ADDITIONAL LAND USE POLICY GUIDANCE AND
                                                       INTO THE ZONING AND OTHER ORDINANCES
                                                       ADDITIONAL REGULATIONS TO AFFORD GREATER
                                                       PROTECTION TO ENVIRONMENTAL FEATURES
                                                       CONSISTENT WITH THE OTHER OBJECTIVES OF
                                                       THIS ENVIRONMENTAL ELEMENT.

                                                       The City of Richmond is almost completely developed in the
                                                       sense that there are no major sectors or corridors of
                                                       undeveloped land.       There are remaining pockets of
                                                       undeveloped land which are still in a natural state, although
                                                       as the City Continues to grow there will be increasing
                                                       pressure to develop these last remaining open lands. This
                                                       preSSLire arises from the operation of natural market forces as
                                                       well as the City's need to increase its tax base through
                                                       continued real estate development.

                                                       Constraints to Development
                                                       Unlike developing Counties where there are large areas of
                                                                   and                z:1
                                                       vacant land ,    growth management tools can be used to
                                                       channel development, the challenge for Richmond is to
                                                       protect natUral areas on a more site specific basis. Further
                                                       development in most areas of the City is desirable from an
                                                       economic standpoint; however, in areas which are sensitive
                                                       or Valuable from an environmental perspective development
                                                       can be detrimental.

                                                       This potential WilfliCt Should be resolved in either of two
                                                       ways:

                                                       ï¿½  On some sites, or portions of sites, development should
                                                          be prohibited altogether if possible; and
                                                                            Z:@

                                                       ï¿½  in other cases, development can be designed to
                                                          incorporate 1111tUral features in a manner which both
                                                          preserves the features and enhances the development.

                                                       The City has many tools in its ordinances and review
                                                       processes which affect the character of development;
                                                       however, additional ordinances and review guidelines must
                                                       be adopted to fully implement the objectives and
                                                       recommendations identified in this plan. Several particularly
                                                       importantareas have been identified which need additional




                      DRAFT 2/21/92                                                                              4-26





                      Chapter 4                                                  NATURAL FEATURES


                                                      protection and policy guidance to accomplish the desired
                                                      objectives.

                                                      These areas inClUde the banks of the James River throughout
                                                      the City., key objectives for which are protection of water
                                                      quality, protection of natural features from development,
                                                      expansion of public access as appropriate, protection of
                                                      aquatic and wildlife habitat, and protection of the natural
                                                      Visual quality of the riverbanks.

                                                      Other important areas include the extensive natural zones
                                                      associated with the features in the Chesapeake Bay
                                                      Preservation Areas. These natural areas are now afforded
                                                      much greater protection than before adoption of the
                                                      Chesapeake Bay program; however, broader policy guidance
                                                      and authority to protect the other environmental values of
                                                      such areas is desirable.

                                                      Steep slopes have been mentioned briefly under
                                                      Environmentally Sensitive Areas as a feature which must be
                                                      developed carefully to avoid adverse environmental impacts.
                                                      Within Chesapeake Bay Preservation Areas, development on
                                                      steep slopes may be prohibited completely; however, in
                                                      other areas sloped sites can be developed responsibly
                                                      provided that the soils are not highly erodible, and proper
                                                      construction techniques and erosion and sediment. control
                                                      methods are used.

                                                      In general, soils can pose constraints to development.
                                                      Reliable soils Information is not available on a City-wide
                                                      basis; however, CUrrently upon application for a building
                                                      permit a property owner or developer may be required to
                                                      Submit a Soils Survey conducted by a geotechnical engineer.

                                                      A potential protection tool may be to develop an overlay to
                                                      the City land use plan toaccomplish the following:

                                                      *  establish clear policy objectives for such natural
                                                         protection areas,

                                                      0  coordinate existing regulations which might be used to
                                                         accomplish these broadened purposes; and

                                                         adopt additional regulatory controls to ensure sensitivity
                                                         to environmental concerns during development review
                                                         processes.

                                                      It may also be desirable to recommend changes in certain
                                                      existing land use designations to help protect environmental
                                                      features. These should be identified as part of a detailed
                                                      review of the Master Plan.






                      DRAFT 2/21/92                                                                             4-27





                          Chapter 4                                               NATURAL FEATURES


                                                        Recommendations
                                                        A.  Develop new policy guidelines to accomplish
                                                            environmental objectives during the various plan review
                                                            processes.

                                                        B.  Incorporate the Metro Greenways system into a Master
                                                            Plan district or overlay which furthers its development
                                                            and enhancernent.

                                                        C.  Review the Master Plan for all planning districts to
                                                            change land use designations with regard to the
                                                            protection of natural features.










































                          DRAFT 2/21/92                                                                         4-28


















                                    SOLID WASTE
                                                          Chapter 5






                                       a






                                 Chapter 5                                                               SOLID WASTE


                                 INTRODUCTION
                                                                In recent years the management of solid waste has become
                                                                an issue of public concern. The problem of what to do with
                                                                a community's solid waste is not new, but it has grown in
                                                                significance for scycral reasons such as the continual growth
                                                                in the quantity of solid waste generated daily (approximately
                                                                25,000 tons in Virginia), an increasing awareness of the
                                                                environmental risks associated with traditional methods of
                                                                disposal, the application of new more stringent
                                                                environmental controls to reduce those risks, the difficulty of
                                                                finding sites which are technically suitable and reasonably
                                                                accessible to population centers, and increasing citizen
                                                                opposition to the siting of solid waste disposal facilities
                                                                within communities.

                                                                Most of the solid waste generated in Virginia is currently
                                                                disposed of in landfills. In 1988 the Virginia Waste
                                                                Management Board promulgated the Solid Waste
                                                                Management Regulations which created stringent new
                                                                requirements for the construction, operation, closure, and
                                                                post-closure monitoring of all existing landfills, new
                                                                landfills, and new sections of existing landfills. The
                                                                requirements have substantially increased the costs of landfill
                                                                disposal.

                                                                The regulations also establish a priority for solid waste
                                                                disposal methods which places landfill disposal as an option
                                                                in local or regional solid waste management planning after
                                                                waste reduction (reduce volume of waste or its toxicity),
                                                                reuse (products or materials), recycling, resource recovery
                                                                (waste-to-energy), and combustion.            Some of these
                                                                alternatives may not be feasible because of the characteristics
                                                                of the local waste stream, an absence of markets for certain
                                                                recyclables, insufficient waste to justify a combustion
                                                                facility, etc.

                                                                The objectives and recommendations of this chapter reflect
                                                                the solid waste management hierarchy with an emphasis on
                                                                waste reduction, recycling, and product reuse programs.
                                                                Recognizing that even if the various recommended programs
                                                                are implemented there will always be a need for some landfill
                                                                capacity, resource recovery is recommended as a supplement
                                                                to these programs and as being preferable to the continued
                                                                dependence upon landfills for solid waste disposal.

                                 GOAL

                                                                THE AMOUNT OF SOLID WASTE PRODUCED IN THE
                                                                CITY OF RICHMOND SHOULD BE MINIMIZED AND
                                                                DISPOSED OF IN AN ENVIRONMENTALLY
                                                                RESPONSIBLE MANNER, CONSISTENT WITH THE
                                                                SOLID WASTE HIERARCHY.




                                 DRAFT 2/21/92                                                                               5-1





                       Chapter 5                                                               SOLID WASTE


                       WASTE REDUCTION AND RECYCLING

                                                       OBJECTIVE
                                                       TAKE ACTION TO REDUCE THE PER CAPITA
                                                       AMOUNT OF RESIDENTIAL SOLID WASTE
                                                       PRODUCED IN THE CITY REQUIRING DISPOSAL
                                                       AND TO INCREASE THE LEVEL OF COMMERCIAL,
                                                       INSTITUTIONAL, AND INDUSTRIAL WASTE
                                                       REDUCTION AND RECYCLING.

                                                       Waste Reduction
                                                       Waste reduction is an activity that prevents waste by reusing
                                                       materials, lengthening a product's life, or pre-cycling
                                                       (changing buyer or consumer habits). Waste reduction is the
                                                       most preferred component of the solid waste management
                                                       hierarchy. Several states have developed strategies for
                                                       handling the problem of reducing waste at the source.
                                                       Vermont, Oregon, Maine, and several other states already
                                                       have some form of bottle bill. Ten states require that 6-pack
                                                       yokes be made of photodegradable material. Berkeley,
                                                       California and Suffolk County, New York have banned the
                                                       use of certain kInds of plastic packaging. Portland, Oregon
                                                       limits polystyrene food containers used by restaurants or
                                                       other food vendors (compliance at the 2,200 restaurants in
                                                       Portland is near 99%). Rhode Island, through the Rhode
                                                       Island Solid Waste Management Corporation (RISWMC),
                                                       has a comprehensive, four-tiered source reduction initiative:

                                                       ï¿½   Education of manufacturers, consumers, and students as
                                                           to the nature of the problem and what can be done to
                                                           combat it;

                                                       ï¿½   Regulations banning certain products from state
                                                           purchasing;

                                                       ï¿½   Legislation that has increased recycling efforts in the
                                                           state; and

                                                       ï¿½   Technical assistance offered to businesses that express
                                                           interest in waste reduction.

                                                       In order for Virginia localities to implement such options for
                                                       waste reduction they must have express authority granted by
                                                       the State. Such an effort should be coordinated with other
                                                       municipalities, the Virginia Municipal League, the Virginia
                                                       Association of Counties, the Central Virginia Waste
                                                       Management Authority (CVWMA), and the National League
                                                       of Cities.

                                                       Another option is for localities to discourage waste
                                                       generation overall by charging collection fees which vary
                                                       according to the amount of waste put out each week. Most
                                                       households currently pay a flat fee, or a fixed portion of their



                      DRAFT 2/21/92                                                                                 5-2






                       Chapter 5                                                               SOLID WASTE


                                                      real estate tax as in the City of Richmond, for collection.
                                                      Consequently there is no incentive to reduce the amount of
                                                      waste generated. Some jurisdictions are experimenting with
                                                      fee systems. For instance Perkasie, Pennsylvania collects
                                                      waste in pre-paid bags; the more waste generated, the more
                                                      bags are required, which increases the fee. In Seattle,
                                                      Washington households are paying for garbage collection
                                                      by the pound; collection trucks are fitted with scales to weigh
                                                      the cans as they are being loaded, while each address is
                                                      recorded from a bar-code. An important factor in public
                                                      acceptance of such waste reduction programs is the ready
                                                      availability of recycling City-wide, as well as employment of
                                                      an extensive public education campaign. In addition, if such
                                                      systems were to be implemented in Richmond a reduction in
                                                      real estate taxes would be necessary.

                                                      Reuse
                                                      Reuse is a waste reduction strategy where a product is used
                                                      for the same or a new purpose without undergoing a
                                                      physical change.       The use of grocery store bags as
                                                      household garbage bags is an example of reuse. Burning the
                                                      bag and spreading the ashes in the garden is not reuse
                                                      because the bag is then undergoing a physical change.

                                                      The reasons for pursuing reuse strategies are the same as
                                                      those for waste reduction. Like waste reduction, reuse
                                                      techniques help conserve landfill space, reduce dependence
                                                      on expensive hazardous waste management practices, protect
                                                      workers and the public, and enhance a business' or local
                                                      government's public image.

                                                      Businesses may achieve reduction through reuse via
                                                      inventory management and improved operations, modifying
                                                      and redesigning equipment to enhance recovery and reuse,
                                                      and establishing clearinghouses for excess materials and
                                                      chemicals. The use of waste exchanges is another reuse
                                                      strategy. Waste exchanges operate on the principal that "one
                                                      man's trash is another man's treasure" and typically are
                                                      operated by non-profit organizations which link waste
                                                      generators with waste users.

                                                      Reuse is largely a matter of public education to encourage
                                                      businesses, institutions, and citizens to change their habits.

                                                      Recycling
                                                      Recycling waste materials can accomplish the conservation
                                                      of natural resources, save energy in the manufactur-ing
                                                      process, offer cost avoidance savings over other waste
                                                      management practices, reduce litter, and reduce water and air
                                                      pollution associated with the extraction and processing of
                                                      raw materials.






                      DRAFT 2/21/92                                                                                5-3






                                 ChilptCr_ 5                                                          SOLID WASTE


                                                                Recycling is a dynamic system comprised of the independent
                                                                components of consumer purchasing, separation and
                                                                collection, and manufacturing for reuse. Each of these
                                                                components is critical to the success of a recycling effort.

                                                                0  Consumer purchasing:       encourage the purchase of
                                                                   recycled products to increase the demand for the
                                                                   collection of recyclable materials, and purchase goods
                                                                   and packaging that can be recycled through local
                                                                   collection programs.

                                                                0  Separation and collection: separate recyclable materials
                                                                   from the Municipal Solid Waste (MSW) stream and
                                                                   make them available to collection programs such as
                                                                   recycling drop off centers or curbside collection.

                                                                0  Manufacturing for reuse:       the demand created by
                                                                   consumer purchasing can force manufacturers to switch
                                                                   to using recycled materials in their production processes
                                                                   in order to stay competitive in the marketplace.

                                                                It is a common misconception that the separation and
                                                                collection of recyclable materials alone is "recycling."
                                                                Recycling is a continuous system or cycle of purchase,
                                                                consumption, separation (from non-recyclable waste),
                                                                collection, marketing (return to manufacturing processes),
                                                                remanufacture into a new product and, most importantly,
                                                                purchase of that new product. Materials typically recycled
                                                                include:

                                                                0  Paper - newspaper, corrugated cardboard, high grade
                                                                   paper, mixed paper;

                                                                0  Aluminum - cans, window frames, storm doors, siding,
                                                                   and gutters;

                                                                0  Glass - green, brown, and clear;

                                                                0  Ferrous metals - (iron and steel) cars, appliances, juice
                                                                   and food containers;

                                                                0  Plastics - polyethylene teraphthalate (PET), soft drink
                                                                   bottles; high-density polyethylene (HDPE), milk jugs;
                                                                   mixed plastics or unsorted materials which contain
                                                                   contaminants such as paper, wood, glass and metal; and,
                                                                   other plastics such as polystyrene (Styrofoam),
                                                                   polyvinyl chloride (PVC), polypropylene (PP), and low-
                                                                   density polyethylene (LDPE);

                                                                0  Batteries - lead-acid batteries from automobiles and
                                                                   household batteries;

                                                                0  Motor oil; and



                                DRAFT 2/21/92                                                                            5-4





                                    Chapter 5                                                                 SOLID WASTE


                                                                        Tires.

                                                                     Yard Waste Composting qualifies as "recycling" with respect
                                                                     to meeting the state's recycling goals. Composting, is a
                                                                     waste management technique involving the decomposition of
                                                                     leaves and brush which produces a humus-like material to be
                                                                     used as mulch, landfill cover or soil conditioner. Yard waste
                                                                     comprises an average of 18% of the annual U.S. waste
                                                                     stream; up to 50% in the spring and fall. It contributes to
                                                                     acidic leachate, methane gas buildup, and settling of
                                                                     landfills. Composting can be accomplished in two ways:

                                                                        Backyard composting: homeowners install a traditional
                                                                        compost pile on their property where yard wastes and
                                                                        degradable household wastes, such as food wastes, are
                                                                        composted.

                                                                        Centralized yard waste compost facility: leaves and
                                                                        grass clippings are accepted (on a regional or sub-
                                                                        regional basis) for composting; brush, stumps, and
                                                                        wood waste are chipped and sold as mulch or
                                                                        composted.

                                                                     Composting can be accomplished by various techniques
                                                                     involving low, medium and high technology which require
                                                                     varying degrees of capital investment. Costs include land
                                                                     acquisition or improvements, labor, turning equipment,
                                                                     disposal of unacceptable materials, insurance, and marketing
                                                                     of the compost product. In addition, there are facility siting
                                                                     considerations which pertain to seasonal volumes; adequate
                                                                     storage space for windrows (elongated piles of composting
                                                                     material), the finished product, and equipment; buffer zone
                                                                     requirements to protect residents from odors associated with
                                                                     composting; and, environmental site considerations such as
                                                                     soil type, slope and drainage, distance from surface water
                                                                     Sources, and depth to ground water.

                                                                     Markets for compost product include the City's Department
                                                                     of Recreation and Parks, residents, apartment complexes,
                                                                     and commercial establishments. Product quality and supply
                                                                     is important to marketing compost. The product must have
                                                                     the proper purity, appearance, porosity, texture,
                                                                                   and chemical balance. A consistent supply
                                                                     consistency, ,
                                                                     must be available in order to successfully market the
                                                                     prodLICt. Other options include making compost available to
                                                                     residents at little or no cost; requiring its use at municipal
                                                                     facilities, parks, and projects; and, specification of its use by
                                                                     private contractors performing land maintenance services for
                                                                     local governments.

                                                                     Markets for Recyclable Material
                                                                     Recyclable materials are considered to be commodities: raw
                                                                     materials, or inpLIt into the manufacturing process. These
                                                                     materials directly compete with "virgin" materials such as


                                    DRAFT 2/21/92                                                                                  5-5





                            Chapter 5                                                                 SOLID WASTE


                                                             petroleum for plastics manufacturing and freshly cut trees for
                                                             paper product manufacturing. As commodities, recyclable
                                                             materials are subject to the law of supply and demand.

                                                             Markets for recyclable materials are the key to the success of
                                                             separate collection programs. Identifying markets, securing
                                                             agreements with materials brokers and end-users, and
                                                             meeting buyer specifications are all part of marketing
                                                             recyclable materials. In addition, recycling programs must
                                                             be designed with the flexibility to handle fluctuating markets
                                                             and uncertain outlets for materials. There are three general
                                                             "outlets" for recyclable materials:

                                                                 Brokers identify end-users, accumulate materials, and
                                                                 guarantee that they can meet demand and certain
                                                                 specifications.

                                                                 End-users are facilities which actually process or
                                                                 manufacture the recyclable materials for reuse.

                                                                 Internal markets include municipal government agencies
                                                                 which not only provide an outlet for materials but
                                                                 promote recycling "awareness" within the government.

                                                             Recyclable materials are usually sold either on the open
                                                             market or through some type of contract arrangement. In an
                                                             open market situation, buyers are located each time enough
                                                             material has been collected to be sold, thus the community
                                                             can get the best price for the matefials at the time. When
                                                             markets are down the community may be faced with low
                                                             prices or no buyers at all. In a contractual situation, a deal is
                                                             made between the community and a broker or end-user
                                                             involving the delivery of a certain amount of material at a
                                                             certain price for a specified amount of time. This helps
                                                             insulate the community from market fluctuations and ensures
                                                             a reliable outlet for collected materials.

                                                             Cooperative marketing involves combining materials and
                                                             resources from different groups orjurisdictions into a larger
                                                             pool that may be more marketable. For example, the
                                                             CVWMA is currently working on identifying and developing
                                                             markets for materials collected as part of its various
                                                             programs. The Authority is capable of either making
                                                             arrangements for the delivery of recyclables collected in its
                                                             thirteen member jurisdictions to a broker or end-user, or
                                                             merely providing a link between the jufisdictions and the
                                                             brokers, by serving as an infon-nation source.

                                                             It is recommended that the City take an active role in
                                                             encouraging the existence of brokers and end users for
                                                             recyclable materials, including hard to recycle items, through
                                                             its economic development program. This action would
                                                             bolster recycling efforts and provide an alternative to
                                                             disposal by ensuring a destination for the waste products.


                            DRAFT 2/21/92                                                                                  5-6





                     Chapter 5                                                               SOLID WASTE


                                                     Recycling Legislation
                                                     Recycling is one of the most regulated solid waste
                                                     management activities. Recycling, as referred to by many
                                                     legislators, public officials, and the media is actually
                                                     separation and collection of waste materials. Legislation
                                                     such as mandatory material specific state-wide achievement
                                                     rates, mandatory separation ordinances, labeling laws, bottle
                                                     bills and landfill disposal bans on designated recyclable
                                                     materials has been adopted in many areas of the U.S. Such
                                                     legislation, which takes into account only one of the three
                                                     major components of recycling (purchasing, collection,
                                                     manufacturing), is merely a diversion technique which keeps
                                                     waste from reaching landfills and does not guarantee that the
                                                     collected materials will be marketed and remanufactured.
                                                     Such legislation can-therefore lead to the creation of a supply
                                                     glut for those markets which traditionally utilize recycled
                                                     materials in a manufacturing process.

                                                     Bottle bills historically have been viewed as litter control
                                                     legislation, the logic being that people would think twice
                                                     about throwing a bottle out the window if it could be
                                                     redeemed for 100. Contrary to what many people believe,
                                                     litter consists Of much more than bottles and cans and should
                                                     be controlled by other means, such as teaching people not to
                                                     do it.

                                                     Virginia's Solid Waste Management Regulations mandate
                                                     recycling goals as one component of an integrated waste
                                                     management system. The bottle bill as it was introduced in
                                                     the 1991 General Assembly, would detract from recycling as
                                                     it is currently being implemented in that it removes
                                                     recyclables from the waste stream, thereby driving up the
                                                     cost of curbside recycling efforts.

                                                     One alternative may be to integrate the bottle bill with the
                                                     current recycling legislation so that the two do not conflict
                                                     with one another. It has been suggested that a bottle bill be
                                                     initiated which applies in rural areas where community
                                                     recycling programs are the least cost effective due to
                                                     transportation costs. In contrast, areas with adequate density
                                                     such as the City of Richmond are capable of collecting more
                                                     recyclable materials through a curbside program than
                                                     through a bottle bill.

                                                     City Recycling Programs
                                                     The City of Richmond currently employs a Chief of
                                                     Environmental Management, located in the Department of
                                                     Public Works, who also serves as the Recycling Coordinator
                                                     for the City.     In addition, the Clean City Committee
                                                     Coordinator, in the Department of Community Development,
                                                     has some recycling coordination duties. It is recommended
                                                     that the efforts of these offices be consolidated to better
                                                     coordinate waste reduction and recycling programs.


                     DRAFT 2/21/92                                                                                5-7





                       Chilpter 5                                                               SOLID WASTE


                                                       The City collects waste from approximately 80,000
                                                       households and small businesses which generate no more
                                                       than 360 gallons (four 90 gallon supercans) of waste per
                                                       week. Apartment complexes, condominiums, and large
                                                       businesses must contract with private waste haulers.
                                                       Approximately 30,2W households in the City participate in a
                                                       voluntary curbside recycling program sponsored by the
                                                       CVWMA, which collects newspaper, glass, aluminum,
                                                       plastic, and bi-metal cans (see figure

                                                       Additional recycling efforts include the transportation of tires
                                                       picked up during routine street cleaning (at a cost of $1,000
                                                       per month) to a recycling facility; approximately 3.500-
                                                       4,000 abandoned vehicles are collected and sold for reuse or
                                                       scrap metal each year; most of the white goods collected on
                                                       bulk waste collection days are recycled; approximately 800-
                                                       900 gallons of motor oil from City owned vehicles are
                                                                          ar; white office paper, aluminum, and
                                                       recycled per ye,
                                                       newspapers are recycled in City offices; 5,500 Christmas
                                                       trees were collected and mulched in 1990; and, City-
                                                       sponsored telephone book recycling in 1990 collected
                                                       110,233 phone books.

                                                       Recommendations
                                                       A. Provide opportunities to facilitate total participation in
                                                           recycling and waste reduction programs.

                                                           I . Coflsolidate the efforts of agencies responsible for
                                                               waste reduction and recycling programs.

                                                           2.  Encourage voluntary participation in -the., curbside
                                                               recycling program.

                                                                   Utilize a public education and a notification
                                                                   system for non-participants to encourage
                                                                   participation.

                                                                   Implement mandatory participation if voluntary
                                                                   methods fai.l.

                                                           3.  Expand the Voluntary curbside recycling program to
                                                               include the entire City.

                                                                   Complete an analysis which identifies the party
                                                                   responsible for undertaking this task and
                                                                   identifies.areas appropriate for curbside collection
                                                                   expansion.

                                                           .4. Implement mechanisms which encourage private
                                                               waste haulers to provide recycling opportunities for
                                                               their residential and commercial customers.




                      DRAFT 2/21/92                                                                                  5-8








                                                                   Laburnum Ave.



                                                                CD
                                                                C:

                                                          95
                                                                        0

                                                      lb



                                        195




                                            147



                                               195
                                                  Downtown
                                                           V4,

                                             2
                                              0 Bridge Manchester re
                                             0
                           76  A,
                                                       Lee                     xit I


                          Jahnke F,                        Me
                                d.                                     14th St- E,it      St
                                                                       Bridge
                                        -0
                                       V
                                                                              45


                                                                                 5
                                                                  0
                                                                                         5


                                                                   <
                                            360                    (A
                                                                       0
                                                                        3
                                                                        3



                                                                        Cx
                                                                pole
                                                                               3



                            NT5




                                           LOCAL RECYCLING CENTERS



                1      SOUTHEAST RECYCLING CORP.                           6     SONOCO PRODUCTS
                       1402 BELLEVILLE ST.                                       1402 BELLEVILLE ST.


                2      REYNOLDS ALUMINUM RECYCLING CENTER                  7     REYNOLDS ALUMINUM-
                       510 S. 14TH STREET, MAYO-S ISLAND                         MOBILE UNIT
                                                                                 SOUTHSIDE PLAZA S.CTR.
                3      POCKET MONEY RECYCLING
                       701 HULL STREET                                     8     CHESAPEAKE CORP.
                                                                                 RICHMOND RECYCLING
                4      MANCHESTER PAPER RECYCLING, INC.                          LEWIS AND FERNCROFT RD.
                       200 ORLEANS STREET                                        HENRICO COUNTY


                5      WEYERHAEUSER PAPER RECYCLING                        9     HOPKINS ROAD RECYCLING
                       1308 JEFFERSON DAVIS HWY.                                 CENTER



                                 F E B - 19 9 2                                                 FIGURE


















                                                       _T@




















               FEB. 1992

                  NTS












                               CURBSIDE RECYCLING PICK-UP AREAS





                      Chapter 5                                                               SOLID WASTE


                                                              0   Investigate attaching provisions to business
                                                                  licenses requiring that recycling opportunities be
                                                                  provided by private haulers.

                                                              0   Adopt ordinances and/or policies which facilitate
                                                                  the development of recycling centers within
                                                                  apartment complexes for tenant use.

                                                              0   Adopt ordinances and/or policies which facilitate
                                                                  recycling for commercial customers.

                                                          5.  Provide opportunities for the collection and recycling
                                                              of special wastes (household hazardous wastes,
                                                              white goods, tires, furniture, phone books, etc.).

                                                                  Complete an analysis which identifies the party
                                                                  responsible for undertaking this task and
                                                                  provides guidelines for siting, design, and
                                                                  operation of special waste collection and
                                                                  recycling facilities.

                                                                  Identify disposal alternatives, frequency of
                                                                  collection, and locations for special waste
                                                                  collection and recycling facilities consistent with
                                                                  the solid waste facility planning process.

                                                          6.  Take action to encourage the reuse of products by
                                                              citizens.

                                                              ï¿½   Encourage and facilitate the expansion of
                                                                  collection points of non-profit organizations
                                                                  currently involved in the thrift market.

                                                              ï¿½   Develop an arrangement which allows thrift
                                                                  companies, or other private agencies, "gleaning"
                                                                  privileges at special drop-off areas located at the
                                                                  City transfer stations, or other appropriate sites.

                                                              ï¿½   Investigate the development of a program,
                                                                  coordinated by the Clean City Coordinator, to
                                                                  regularly distribute used items throughout the
                                                                  city.

                                                      B. Provide facilities which encourage residential
                                                          participation in recycling and waste reduction programs.

                                                          1. Provide additional drop-off centers to facilitate
                                                              household recycling and supplement the curbside
                                                              program.

                                                                  Complete an analysis which identifies the party
                                                                  re.sponsible for undertaking this task and
                                                                  provides guidelines for siting, design, and
                                                                  operation of drop-off centers.


                      DRAFT 2/21/92                                                                               5-9





                            Chapter 5                                                               SOLID WASTE


                                                                       Identify locations for drop-off centers consistent
                                                                       with the solid waste facility planning process.

                                                                       Expand the number of drop-off centers iD
                                                                       coincide with or precede the expansion of
                                                                       curbside collection.

                                                                2. Provide yard-waste composting facilities.

                                                                    ï¿½  Complete an analysis which identifies the party
                                                                       responsible for undertaking this task and
                                                                       provides guidelines for siting, design, and
                                                                       operation of yard-waste composting facilities.

                                                                    ï¿½  Identify locations for yard-waste composting
                                                                       facilities consistent with the solid waste facility
                                                                       planning process.

                                                                    ï¿½  Maintain the municipal leaf collection program.

                                                                       Expand Christmas tree collection and mulching
                                                                       program to include pick-up of other yard wastes
                                                                       year-round.

                                                           C. Develop markets for materials collected through
                                                                curbside, drop-off and other recycling programs.

                                                                1. Investigate opportunities for development of markets
                                                                    for recyclable materials and special wastes.

                                                                       Complete an analysis which identifies the party
                                                                       responsible for undertaking this task, identifies
                                                                       markets for recyclable materials and special
                                                                       wastes, and deten-nines whether the region is able
                                                                       to offer a continuous supply of recyclable
                                                                       materials and special wastes to these firms.

                                                                       Incorporate efforts to attract, retain, and expand
                                                                       the development of brokers and end user firms
                                                                       into the City's economic development program.

                                                                2. Identify borkers or end source markets for recyclable
                                                                    materials and special wastes.

                                                                    ï¿½  Complete an analysis which identifies the party
                                                                       responsible for undertaking this task and
                                                                       identifies brokers or end source markets for
                                                                       recyclable materials and special wastes.

                                                                    ï¿½  Incorporate efforts to attract, retain, and expand
                                                                       the development of brokers and end user firms
                                                                       into the City's economic development program.



                           DRAFT 2/21/92                                                                               5-10






                              Chapter 5                                                                  SOLID WASTE


                                                                   3. Identify appropriate sites for brokers or end source
                                                                        firms, including possible sites within the City limits.

                                                                        ï¿½  Complete an analysis which identifies the party
                                                                           responsible for undertaking this task; studies the
                                                                           compatibility of facilities with other land uses
                                                                           (specifically residential land uses); provides
                                                                           guidelines for siting, design, and operation of
                                                                           facilities; and identifies possible sites for vendors
                                                                           or end source firms consistent with the solid
                                                                           waste facility planning process.

                                                                        ï¿½  If possible sites are identified within the City, the
                                                                           location of facilities must be consistent with the
                                                                           solid waste facility planning process.

                                                               D. Encourage source reduction and recycling through
                                                                   financial incentives and ordinance development.

                                                                   I . Provide financial incentives for businesses which
                                                                        reuse or recycle significant portions of their waste
                                                                        stream or of the local waste stream.

                                                                        ï¿½  Complete an analysis which identifies the party
                                                                           responsible for undertaking this task, identifies
                                                                           and pursues specific incentives which may be
                                                                           utilized, and identifies businesses eligible for
                                                                           financial incentives.

                                                                        ï¿½  Provide business development assistance and
                                                                           consulting.

                                                                           Incorporate incentive policies into the economic
                                                                           development program to attract businesses
                                                                           considering relocation, and to encourage
                                                                           business retention and expansion.

                                                                   2. Implement mechanisms which encourage private
                                                                        waste haulers to provide recycling opportunities for
                                                                        their commercial, institutional, and industrial
                                                                        customers.

                                                                           Investigate attaching provisions to business
                                                                           licenses requiring that recycling opportunities be
                                                                           provided by private haulers. .

                                                                           Adopt ordinances and/or policies which facilitate
                                                                           development of recycling centers for use by
                                                                           commercial, institutional, and industrial entities
                                                                           and their employees.

                                                                   3. Seek and support legislation for additional control
                                                                        authority.



                              DRAFT 2/21/92                                                                                  5-11





                            Chapter 5                                                             SOLID WASTE


                                                           E. Promote efforts to encourage source reduction and
                                                               recycling.

                                                               1.  Encourage commercial, institutional, and industrial
                                                                   entities to change their procurement policies to
                                                                   increase the percentage of recycled materials/products
                                                                   purchased.

                                                                       Complete an analysis which identifies the party
                                                                       responsible for undertaking this task; identifies
                                                                       the entities which administer 'specific
                                                                       procurement policies and investigates those
                                                                       policies; and determines how the City may
                                                                       influence changes in those procurement policies.

                                                                       Promote expansion of procurement policies to
                                                                       include the purchase of other recycled goods or
                                                                       items made of recycled materials.

                                                                   Encourage business and industry to voluntarily
                                                                   reduce the amount of packaging they use in their
                                                                   processes or products.

                                                                       Complete an analysis which identifies the party
                                                                       responsible for undertaking this task; identifies
                                                                       which businesses and industries voluntarily
                                                                       reduce the amount of packaging they use in their
                                                                       processes or products; and identifies voluntary
                                                                       programs for packaging reduction and the use of
                                                                       alternative packaging techniques for locally sold
                                                                       products.

                                                                   0   Hold information sessions with business and
                                                                       industry leaders in the City to stress why their
                                                                       cooperation is important.

                                                                   0   Provide tax incentives to local businesses or
                                                                       industries which reduce the amount of packaging
                                                                       used in locally sold products.

                                                                   9   Seek and support legislation for additional
                                                                       control authority.













                           DRAFT 2/21/92                                                                             5-12





                       Chapter 5                                                              SOLID WASTE


                       RESOURCE RECOVERY

                                                      OBJECTIVE
                                                      PROMOTE COMBUSTION OF MUNICIPAL SOLID
                                                      WASTE AS A SUPPLEMENT TO LANDFILL
                                                      DISPOSAL.

                                                      Resource Recovery
                                                      Nearly every waste combustion unit being operated in the
                                                      United States today is being used as part of a resource
                                                      recovery effort. Resource recovery encompasses waste
                                                      management technologies other than combustion, including
                                                      waste to energy, removing recyclable materials from the
                                                      waste stream (after collection) with a Materials Recovery
                                                      Facility (MRF), or processing solid waste into fuel pellets
                                                      (Refuse Derived Fuel) to be used by other waste to energy
                                                      facilities.

                                                      Resource recovery facilities offer by far the preferred method
                                                      of combustion because they are used in conjunction with a
                                                      comprehensive recycling program. In a resource recovery
                                                      effort, recyclables are Pulled out of the municipal solid waste
                                                      stream and the remainder is burned, thus reducing the
                                                      volume of material making its way to a landfill. Resource
                                                      recovery also offers the added benefit of providing a saleable
                                                      commodity in the form of steam or electric power.

                                                      Resource recovery is considered a viable supplement to
                                                      landfilling our solid waste. Resource recovery would be
                                                      more practically accomplished on a regional level, through
                                                      the Central Virginia Waste Management Authority.
                                                      However, if the City is to advocate resource recovery on a
                                                      regional basis, it is important that it be prepared to consider
                                                      siting a combustion facility within the City limits.

                                                      Waste to Energy is a more limited form of resource
                                                      recovery.    It involves burning solid waste (including
                                                      recyclables) to produce steam or electricity with the
                                                      secondary benefit of reducing the volume of the waste
                                                      stream.    Both resource recovery and waste to energy
                                                      produce a salable material that can be marketed. Industries
                                                      may use the steam in a production process or in the
                                                      heating/cooling system for their physical plants. A constant
                                                      supply must be available to the customers and there must be
                                                      a consistent demand for the steam produced. This demand is
                                                      subject to seasonal fluctuations and the facility may have to
                                                      be fitted with a bypass that allows for the process to be
                                                      halted temporarily.

                                                      The term incineration implies burning waste, without
                                                      converting the heat energy to steam or electricity, for
                                                      purposes of volume reduction. The EPA has estimated that
                                                      75% of the municipal solid waste stream is combustible and



                      DRAFT 2/21/92                                                                              5-13





                      Chapter 5                                                                 SOLID WASTE


                                                       that this process reduces the volume of material that must be
                                                       disposed of in landfills by 70 to 90%.

                                                       Types of combustion facilities:
                                                       ï¿½   Mass burn combustion facilities require no preprocessing
                                                           of the waste stream. That is, no separation of material is
                                                           done before the waste is fed into the combustion unit.
                                                           Mass burn units have a capacity of roughly 100-3,000
                                                           tons per day (tpd).

                                                       ï¿½   Modular combustion units are units made up of smaller
                                                           individual units. TAe most common number of units
                                                           used is four. They also require little preprocessing of
                                                           material. Modular facilities have a capacity of between
                                                           15 and 4W tpd (depending on the number of units).

                                                       0   Refuse-derived fuel (RDF) units require that the refuse
                                                           be mixed with some other material to produce a fuel.
                                                           This extra step gives the opportunity to separate out
                                                           recyclable products. Dedicated RDFs use only the waste
                                                           material itself after separation of recyclables. Co-fired
                                                           units use a mixture of waste material and coal. Mixed
                                                           waste firing units use waste mixed with either coal or
                                                           wood. RDF units have a capacity of 600-4,000 tpd.

                                                       There are currently eight combustion facilities located in
                                                       Virginia: Alexandria, Fairfax County, Galax, Hampton,
                                                       Harrisonburg, Norfolk, Portsmouth, and Salam. The
                                                       Portsmouth facility is an RDF plant, the others are mass
                                                       burn units.

                                                       Strict regulations exist at both the state and federal levels for
                                                       controlling air emissions which occur during the combustion
                                                       of municipal solid waste. Emissions include particulate
                                                       matter, acid gases, nitrogen oxides, trace metals, and
                                                       dioxins. Bottom and fly ash are the products of combustion
                                                       and contain heavy metals, dioxins, and furans. Bottom ash,
                                                       ash found at the bottom of the unit, is composed of 75-90%
                                                       unburnable material.       Fly ash, found in the stacks, is
                                                       composed of lighter material suspended in flue gas..
                                                       Emissions can be limited through the following practices:

                                                       0   Ensure a good burn by operating the facility at peak
                                                           efficiency and at maximum temperature. -

                                                       0   Use various filters and electrostatic precipitators to
                                                           collect particulate matter that has been charged with
                                                           electricity.

                                                       0   Use a lime-spray based scrubber to control acid gases by
                                                           coating the particulate matter with limed water and
                                                           catching it in filter-bags.




                      DRAFT 2/21/92                                                                                 5-14





                      Chapter 5                                                              SOLID WASTE


                                                         Efficient materials separation also cuts down on the
                                                         amount of emissions produced. Lead batteries and
                                                         certain plastics containing polyvinyl chlorides (PVCs)
                                                         should be removed in order to ensure limited emissions.

                                                     The City must certify that proposed or expanded facilities are
                                                     in compliance with local land use ordinances (the zoning and
                                                     subdivision ordinances and the Master Plan), prior to State
                                                     review of air permit and solid waste facility permit
                                                     applications. Review of appropriate ordinances as required
                                                     by the State permit review process is conducted by the
                                                     Department of Community Development.

                                                     Recommendations
                                                     Resource recovery is recommended as a supplement to waste
                                                     reduction, reuse, and recycling programs and as being
                                                     preferable to the continued dependence upon landfills for
                                                     solid waste disposal. Therefore it is recommended that the
                                                     City promote resource recovery of municipal solid waste as a
                                                     means of obtaining waste to energy and volume reduction
                                                     benefits.

                                                     A. Investigate opportunities for development of a
                                                         combustion facility.

                                                         I . Complete an analysis which identifies the party
                                                             responsible for undertaking this task, identifies
                                                             markets for the energy produced by a combustion
                                                             facility, and determines whether a City facility will
                                                             continuously support these markets or if a regional
                                                             facility is necessary.

                                                         2. Consult with communities that have existing
                                                             combLiStiOn facilities in place.

                                                     B.  Identify which combustion process is most appropriate
                                                         for the needs of the Richmond region (i.e. resource
                                                         recovery, waste to energy, or incineration for volume
                                                         re&010n).

                                                             Complete an analysis which identifies the party
                                                             responsible for undertaking this task, determines
                                                             which components of the regional waste stream are
                                                             appropriate for incineration and identifies an
                                                             appropriate combustion process.

                                                     C. Identify appropriate sites for a combustion facility,
                                                         including possible sites within the City limits.

                                                         I . Complete an analysis which identifies the party
                                                             responsible for undertaking this task; studies the
                                                             compatibility of facilities with other land uses
                                                             (specifically residential land uses); provides
                                                             guidelines for siting, design, and operation of


                      DRAFT 2/21/92                                                                             5-15





                      Chapter 5                                                                 SOLID WASTE


                                                               conibustion facilities; and identifies possible sites for
                                                               a combustion facility consistent with the solid waste
                                                               facility planning process.

                                                           2.  If possible sites are identified within the City, the
                                                               location of facilities must be consistent with the solid
                                                               waste facility planning process.

                      LANDFILLING
                                                       OBJECTIVE
                                                       REDUCE THE NEED FOR LANDFILLING OF
                                                       MUNICIPAL SOLID WASTE THROUGH THE
                                                       PROMOTION OF WASTE REDUCTION, RECYCLING,
                                                       REUSE, AND RESOURCE RECOVERY.

                                                       In the past 20 years major changes have occurred in landfill
                                                       practices. The previous approach of "open dumping" was
                                                       replaced by the concept of the "sanitary landfill," in which
                                                       the waste is deposited, compacted, and regularly covered to
                                                       reduce the more blatant impacts. Federal criteria for sanitary
                                                       landfilling was established under the 1976 Resource
                                                       Conservation and Recovery Act (RCRA). In recent years
                                                       significant health and environmental risks have been
                                                       identified with even sanitary landfills, especially as result of
                                                       leachate and gas releases.          Consequently, Virginia
                                                       promulgated the Solid Waste Management Regulations in
                                                       1988 governing the siting, design, construction, operation,
                                                       closure, and post-closure of landfills. New landfills were
                                                       required to comply with the regulations immediately
                                                       following the effective date (December 1988), while existing
                                                       landfills were given additional time to come into compliance.
                                                       The regulations have resulted in a significant increase in the
                                                       cost of landfilling solid waste; however, the justification is
                                                       that without the regulations, the cost to human health and the
                                                       environment of improper waste management practices could
                                                       be even greater.

                                                       Landfill Gas
                                                       Decomposing waste produces gases which migrate laterally
                                                       and vertically through soil. If uncontrolled, the gases may
                                                       escape to the atmosphere or follow voids in the soil,
                                                       ultimately emerging into buildings or other structures.
                                                       Landfill gas is composed of mostly methane and carbon
                                                       dioxide, both of which are non-toxic; however, methane can
                                                       reach explosive levels if allowed to accumulate in an
                                                       enclosed area. Although landfill gases can be controlled it is
                                                       impossible to eliminate all fugitive emissions. There are two
                                                       types of gas control:

                                                           Passive controls consist of trenches which are dug
                                                           around the site. Perforated pipe is then laid in the
                                                           trenches and covered with gravel. As gas forms it
                                                           migrates to the pipes and is vented to the atmosphere.



                      DRAFT 2/21/92                                                                                5-16





                             Chapter 5                                                              SOLID WASTE



                                                                Active controls consist of blowers which are used to
                                                                force the gases up and out of the landfill cells to a burn
                                                                or filtration system.

                                                             A "normal" landfill will produce gas which is between 50%-
                                                             60% methane for roughly 10-20 years. Methane can be
                                                             collected and marketed as a low-grade fuel or it can be
                                                             purified and sold as pipeline grade fuel. The economics of
                                                             the methane recovery process depend upon the natural gas
                                                             prices at the time of production.

                                                             Gas management is required by the regulations during the
                                                             operation, closure, and post-closure of a landfill.

                                                             Leachate is a liquid which is produced when surface water
                                                             and other waste liquids flow through the landfill and become
                                                             contaminated by coming in contact with the waste. If left
                                                             untreated, leachate can migrate off-site and contaminate
                                                             groundwater and surface water. Leachate can be treated in
                                                             three ways:

                                                             ï¿½  At a publicly owned treatment works (POTW), where
                                                                the leachate is added to the Municipal waste water;

                                                             ï¿½  on site, where the leachate is treated in a facility
                                                                constructed as part of the landfill; and

                                                                by recirculation, where the leachate is recirculated
                                                                through the landfill. This speeds up the decomposition
                                                                process but leaves the leachate to be dealt with at a later
                                                                date.

                                                             The regulations require construction of a leachate collection
                                                             system, inclUding a double liner, and provision for leachate
                                                             treatment dUring the operation and closure of a landfill.
                                                             Groundwater monitoring is also required for all new
                                                             landfills. If contamination is detected the landfill owner or
                                                             operator must prepare and implement a corrective action
                                                             plan.

                                                             Landfills in the Citv of Richmond
                                                             The City of Richmond @Ioes not currently operate a municipal
                                                             landfill. Instead, the City is under contract until the year
                                                             2WO with the Chambers Development Company to dispose
                                                             of the roughly 2,0(X) tons of waste produced each day in the
                                                             City. The City picks up garbage from approximately 80,000
                                                             households and small businesses and transports the waste to
                                                             one of two transfer stations in the City. Chambers is then
                                                             re@ponsible for transporting the waste from the transfer
                                                             stations to its landfill in Charles City County.





                             DRAFT 2/21/92                                                                              5-17





                       Chapter 5                                                                 SOLID WASTE


                                                        The City owned and operated five properties as municipal
                                                        landfills located it Richmond Road and Jenny Scher Road,
                                                        School Street, 29th and Maury Streets, Pine Camp, and
                                                        Whitcomb/Chelsea (Chelsea Village) (see figure         ). These
                                                        landfills have been closed and are being monitored for
                                                        methane and leachate production. Currently a portion of the
                                                        School Street site is being used as a transfer station and
                                                        construction of a municipal golf driving range is underway.
                                                        The Whitcomb/Chelsea landfill is the site of a housing
                                                        development which has had structural problems due to the
                                                        instability of the site. Some more typical uses for old
                                                        landfills are open space and greenways, recreation areas,
                                                        municipal golf courses, and municipally operated nurseries.

                                                        Proposed privately owned landfills within the City must
                                                        obtain the approval of City Council prior to their
                                                        development. The City must certify that proposed or
                                                        expanded landfill facilities are in compliance with local land
                                                        use ordinances prior to State review of a solid waste facility
                                                        permit application.

                                                        Recommendations
                                                        A.  For that component of solid waste which must be
                                                            landfilled, support operations which are in compliance
                                                            with Federal and State mandates. Contract for landfill
                                                            space only with those companies that have a proven
                                                            record of environmental compliance.

                                                            I . Identify those operators which have a proven record
                                                                of natural resource protection and contract only with
                                                                those companies.

                                                            2.  Write contracts so that a company violating Federal
                                                                or State environmental laws would be in violation of
                                                                the contract agreement.

                                                            3.  Develop a mechanism for monitoring contractors to
                                                                protect the City from potential future liability.

                                                        B . For those sites which have served as either public or
                                                            private landfills, develop a process for review which will
                                                            determine the appropriateness of any proposed project
                                                            and will identify any environmental hazards associated
                                                            with Such development.

                                                            I . Develop ordinances with enforcement action to
                                                                regulate development on closed landfills.

                                                            2.  Incorporate into the building permit review process a
                                                                review of all project sites for the presence of landfills
                                                                and the Suitability of such sites for development.





                       DRAFT 2/21/92                                                                                 5-18





                      Chapter 5                                                             SOLID WASTE


                                                                Require submission of environmental audit
                                                                information and review of all projects developed
                                                                on landfills by the Building Commissioner.

                                                         3. Complete an analysis which identifies appropriate
                                                             uses for landfill sites.

                                                                Determine which sites may be appropriate for
                                                                development as passive open space in
                                                                conjunction with the park and open space master
                                                                plan.

                      SLUDGE DISPOSAL

                                                     OBJECTIVE
                                                     CONTINUE DISPOSING OF SLUDGE IN AN
                                                     ENVIRONMENTALLY SOUND MANNER.

                                                     Sludge is the semi-solid residue removed from sewage
                                                     during wastewater treatment. Approximately 7.6 million dry
                                                     tons of municipal sludge are disposed of in this country
                                                     annually. Roughly 926,000 tons are applied to agricultural
                                                     lands as fertilizer. The following methods are currently in
                                                     use for the disposal of sludge:

                                                         Incineration - Presently, more than 1.6 million tons of
                                                         sludge are incinerated every year in the United States.
                                                         This practice brings with it the increased costs of
                                                         controlling the.emissions produced and the disposal of
                                                         the ash generated by the burn.

                                                         Landfilling - Whether buried by itself or in conjunction
                                                         with other materials, sludge uses up space in our already
                                                         overtaxed landfills. Landfilling sludge also increases the
                                                         potential for significant pollution of groundwater
                                                         through leachate production.

                                                         Land Application - Sanitary sewage sludge which has
                                                         been properly treated and refined can often be applied to
                                                         agricultural land as fertilizer. The amount applied and
                                                         the composition of the sludge is tightly controlled by the
                                                         State. Land application can be subdivided into four
                                                         areas:

                                                             Application to forest land (either commercial or State
                                                             owned);

                                                             Mixing with a bulking agent (usually wood chips)
                                                             after composting;

                                                             Pelletizing, where the Sludge is molded into pellets
                                                             and used as home or commercial fertilizer; and




                      DRAFT 2/21/92                                                                            5-19





                      Chapter 5                                                               SOLID WASTE


                                                              Direct application to farmland.

                                                      Due to an extensive pretreatment program for industrial users
                                                      of the sewage treatment plant, the City's sludge is free of
                                                      toxics and other hazardous materials and is well suited for
                                                      application to agricultural lands. The City currently pays to
                                                      have its sludge removed from the sewage treatment plant.
                                                      The contractor is responsible for conducting land application
                                                      in compliance with State requirements.

                                                      Recommendations
                                                      This environmental element recommends that land
                                                      application in compliance with State requirements continue to
                                                      be the method of disposal for the City's sludge.

                      HAZARDOUS MATERIALS AND SPECIAL WASTES

                                                      OBJECTIVE
                                                      TAKE ACTION TO REGULATE THE
                                                      TRANSPORTATION, STORAGE, AND DISPOSAL OF
                                                      HAZARDOUS MATERIALS AND SPECIAL WASTES
                                                      (PARTICULARLY HAZARDOUS, INFECTIOUS, AND
                                                      RADIOACTIVE WASTES) WITHIN THE CITY.

                                                      Special wastes are items that require special or separate
                                                      handling, such as hazardous wastes (both industrial and
                                                      household), bulky wastes, used motor oil and tires, medical
                                                      waste, and white goods (stoves, refrigerators, etc.). Special
                                                      wastes cannot be disposed of in a municipal landfill.

                                                      Hazardous Materials are substances which, if handled or
                                                      disposed of improperly, can pose a serious threat to health
                                                      and the environment. Hazardous materials are not only
                                                      industrial chemicals and materials, but common household
                                                      items as well. Among the most common materials classified
                                                      as hazardous are:      all petroleum products, paints and
                                                      coatings, solvent, cleaners and degreasers, pesticides and
                                                      related materials, and most household and industrial
                                                      chemicals. These materials must never be disposed of by
                                                      pouring them down the drain or sewer, burning or burying
                                                      in an unauthorized facility, or by including with regular solid
                                                      waste.

                                                      The SuperfUnd Amendment and Reauthorization Act (SARA
                                                      Title 111) sets forth various planning, reporting, and record
                                                      keeping requirements concerning the management of
                                                      hazardous materials. The act addresses disposal of such
                                                      materials only incidentally by imposing reporting
                                                      requirements for certain releases of hazardous materials.
                                                      Under SARA Title Ill each state must have a State
                                                      Emergency Response Commission.              In Virginia, this
                                                      reqUiremen&is being implemented by the Virginia Emergency
                                                      Response Council (VERC) which is required to supervise



                      DRAFT 2/21/92                                                                              5-20





                            Chapter 5                                                                 SOLID WASTE


                                                             and coordinate local emergency planning activities, and
                                                             establish procedures for receiving and processing requests
                                                             from the public for information on the existence and location
                                                             of hazardous chemicals and Extremely Hazardous
                                                             Substances,

                                                             The VERC has divided Virginia into 114 Emergency
                                                             Planning Districts. Each Emergency Planning District has a
                                                             Local Emergency Planning Committee (LEPC) whose
                                                             members are appointed by the VERC. The LEPC is
                                                             responsible for developing an emergency plan for
                                                             responding to releases of Extremely Hazardous Substances
                                                             within the district.


                                                             EPA has identified over 600 substances that is classifies as
                                                             Extremely Hazardous Substances, each of which has been
                                                             assigned a corresponding Threshold Planning Quantity. If
                                                             an Extremely Hazardous Substance is present at a facility in
                                                             an amount equal to or in excess of the Threshold Planning
                                                             Quantity, the facility is subject to SARA Title III's
                                                             emergency planning and notification requirements and is
                                                             called a QUalify   rig Facility. Owners and operators of
                                                             Qualifying Facilitics are required to notify the LEPC of any
                                                             "relevant changes" at these facilities as they occur, and to
                                                             provide the LEPC inforriiation necessary for developing and
                                                             implementing the emergency plan.

                                                             In addition, any owner or operator of a facility required by
                                                             the Occupational Safety and Health Act (OSHA) to prepare
                                                             or have available Material Safety Data Sheets (MSDS), must
                                                             submit copies of the sheets, or a list of chemicals covered by
                                                             MSDS to the LEPC, VERC, and local fire department.
                                                             These reports must include information on hazardous
                                                             chernicals present in arnounts equal to or greater than 10,000
                                                             lbs. (1000 gallons), and Extremely Hazardous Substances
                                                             present in amounts equal to or greater than 500 lbs. or the
                                                             established Threshold Planning Quantity listed for the
                                                             substance, whichever is lower,          MSDS give detailed
                                                             information on what the hazardous material is composed of
                                                             and how it should be dealt with in cases of emergency.

                                                             In Richmond, the LEPC has developed and maintains an
                                                             emergency response plan for the City, which includes a
                                                             database of all hazardous materials stored in quantities of
                                                             1,000 Pounds.      The Bureau of Fire is charged with
                                                             administering the provisions of SARA Title III which
                                                             include staffing the LEPC, keeping various records of
                                                             hazardous materials stored in the City, disposing of them
                                                             when necessary, and responding to emergencies that involve
                                                             hazardous materials or waste. The number of incidents
                                                             requiring the expertise of the "Haz Mat" team has been
                                                             failing:   in 1982, the year the Haz Mat Team was
                                                             established, there were IW incidents; in 1983 there were
                                                             119 incidents; and since 1983 there have been roughly 60


                            DRAFT 2/21/92                                                                                5-21





                       Chapter 5                                                               SOLID WASTE


                                                       incidents per year. This decrease can be attributed to more
                                                       stringent environmental regulations which have caused
                                                       industry to be more responsive.

                                                       Hazardous Waste is defined as "solid or liquid wastes
                                                       that may cause or contribute to an increase in mortality or an
                                                       increase in serious irreversible, or incapacitating reversible
                                                       illness if handled improperly" or any waste which may "pose
                                                       a substantial threat to human health." The Environmental
                                                       Protection Agency is charged with determining whether or
                                                       not a substance is a hazardous waste.

                                                       Hazardous waste has special characteristics which make it
                                                       particularly hard to deal with:

                                                       ï¿½   It is easy to hide poor hazardous waste disposal
                                                           practices. Landfills are often, but not always, located on
                                                           private lands and away from public scrutiny.

                                                       ï¿½   Hazardous wastes can affect all environmental media.
                                                           Exposure routes are often not direct and may involve
                                                           several different avenues.

                                                       ï¿½   Hazardous waste sites can continue to contaminate long
                                                           after the facility has stopped accepting new waste.

                                                       If hazardous Substances contaminate a site it then becomes
                                                       subject to government clean-up under the Comprehensive
                                                       Environmental Response, Compensation, and Liability Act
                                                       (CERCLA or Superfund). There are 21 Superfund sites in
                                                       Virginia, none of which are located in Richmond. The sites
                                                       nearest to Richmond are:

                                                           C&R Battery (Chesterfield County, Battery Reclamation
                                                           site);

                                                       &   Defense General SLIPPIY Center (Chesterfield County,
                                                           MLIlti-Spill Site);

                                                       0   H&H Burn Pit (Hanover County, Waste Burn Pit site);
                                                           and

                                                           Rentokil Site (Henrico County, Wood Preserving site).

                                                       CERCLA was promulgated to care for the estimated 27,000
                                                       abandoned sites contaminated with hazardous substances in
                                                       the United States. CERCLA is unique in that it attempts to
                                                       deal with past actions and identifies the EPA as both
                                                       regulator and clean-tip contractor. It is estimated that the
                                                       average time required for identification, remediation, and
                                                       delisting of a Superfund site is 12 years. The average cost
                                                       of cleaning LIP a SLIperfund site is $30 million paid for by the
                                                       individuals or corporations who have been determined to
                                                       have contributed to the site, also known as potentially


                      DRAFT 2/21/92                                                                                5-22





                       Chaliter 5                                                              SOLID WASTE


                                                       responsible parties (PRPs). Liability for the contamination
                                                       is strict, joint and severable, meaning that the "guilt" or
                                                       intent of the responsible party is not a factor in determining
                                                       liability. An individual may be held responsible for the
                                                       entire cost of clean-up even though their individual
                                                       contribution was very small.

                                                       The EPA has generated a list of potential Superfund sites
                                                       called the Comprehensive Environmental Response
                                                       Compensation Liability Information System or CERCLIS
                                                       list. These sites have been identified by the EPA as possible
                                                       contaminated sites requiring remediation. There are between
                                                       500 and 600 sites on the Virginia CERCLIS list,
                                                       approximately 12 of which are located within the City of
                                                       Richmond (see figure

                                                       The CERCLIS list is maintained by the Department of Waste
                                                       Management and is one component of the Virginia
                                                       Superfund Program. This program has a two-part process:
                                                       pre-remedial and remedial phases. ne pre-remedial phase
                                                       begins with site discovery and involves a site investigation
                                                       called a Preliminary Assessment. Sites which appear to
                                                       represent a threat to human health or the environment
                                                       undergo a more intensive investigation called a Site
                                                       Inspection. Information from the inspection is used to rank
                                                       sites using the EPA Hazard Ranking System. Sites above a
                                                       designated score are listed on the National Priorities List
                                                       (NPL) and are eligible for cleanup using Superfund money.
                                                       The remedial phase of the program includes a remedial
                                                       investigation and feas ibil ity. study, development of remedial
                                                       design, completion of remedial action, and delisting of the
                                                       site.


                                                       Medical/ Infect ious Waste
                                                       It is estimated by the EPA that 3.2 million tons of medical
                                                       waste are produced in the United States each year. The
                                                       Virginia Department of Waste Management does not
                                                       maintain information regarding the actual amount of waste
                                                       generated daily in the Commonwealth or in the City of
                                                       Richmond.

                                                       The Resource Conservation and Recovery Act (as amended
                                                       in November 1988) provides for a Demonstration Medical
                                                       Waste Tracking Program which is applicable to the states of
                                                       New York, New Jersey, Connecticut, the states contiguous
                                                       to the Great Lakes, and any state included through petition.
                                                       For the pUrposes of 1his program, medical waste is defined
                                                       as any solid waste which is generated in the diagnosis,
                                                       treatment, or immunization of human beings or animals. To
                                                       date, Virginia has not petitioned for inclusion in the
                                                       program.





                       DRAFT 2/21/92                                                                              5-23






                      Chapter 5                                                               SOLID WASTE


                                                      In advance of a federal mandate, the Virginia Waste
                                                      Management Board promulgated the Infectious Waste
                                                      Management Regulations in May 1990 which define
                                                      infectious waste as any solid waste which is identified by the
                                                      health care professional in charge as capable of producing an
                                                      infectious disease in humans, or if it is one of the following
                                                      controlled infectious wastes:       cultures and stock of
                                                      microorganisms and biologicals; blood and blood products;
                                                      pathological wastes; sharps; animal carcasses, body parts,
                                                      bedding and related wastes; any residue or contaminated
                                                      soil, water, or other debris resulting from the cleanup of a
                                                      spill of any infectious waste; and, any waste contaminated
                                                      by or mixed with infectious waste. This definition is not
                                                      quite as broad as the RCRA definition of medical waste.
                                                      Any medical waste that is not regulated by the Infectious
                                                      Waste Management Regulations falls under the jurisdiction
                                                      of the Virginia Solid Waste Management Regulations.

                                                      In Virginia, all persons who generate infectious waste, own
                                                      or operate infectious waste management facilities, or allow
                                                      infectious waste management facilities to be operated on their
                                                      property must dispose of their waste in accordance with the
                                                      Infectious Waste Management Regulations. The regulations
                                                      do not apply to health care professionals who generate
                                                      infectious waste in the provision of health care services in
                                                      their own off-ice or in the private home of a patient, provided
                                                      the waste is disposed of as authorized.          Health care
                                                      professionals are required to dispose of such waste in one of
                                                      three ways:

                                                      0  Personally transport, or have an employee transport, the
                                                         waste to a hospital where the practitioner has privileges
                                                         for disposal oil site, either through incineration or steam
                                                         sterilization.

                                                      0  Personally transport, or have an employee transport, the
                                                         waste to the practitioner's office for sterilization and
                                                         disposal with regular municipal solid waste.

                                                         Contract with a licensed firm for disposal.

                                                      Hospitals dispose of approximately 85% of their waste on
                                                      site (70% is incinerated and 15% is steam sterilized).
                                                      Typically, 15% is sent off site for disposal. The greatest
                                                      danger from medical waste is usually considered to be to
                                                      those who transport or directly handle the material. There is
                                                      little evidence to support the supposition that medical waste
                                                      posses any threat to the general public. According to the
                                                      U.S. Department of Health and Human Services, the viruses
                                                      that transmit Hepatitis B, AIDS, and other diseases are very
                                                      fragile and cannot withstand the conditions found inside a
                                                      well-maintained, properly operated incinerator.




                      DRAFT 2/21/92                                                                              5-24





                      Chapter 5                                                               SOLID WASTE


                                                      The Infectious Waste Management Regulations state that
                                                      infectious waste must be subjected to burn temperatures of
                                                      not less than 1400 degrees Fahrenheit for not less than one
                                                      hour. The resulting ash must be tested once every eight
                                                      hours. If it is determined that the waste is "hazardous" it
                                                      must be disposed of in accordance with the Virginia
                                                      Hazardous Waste Management Regulations. If it is not
                                                      found to be hazardous it may be disposed of in any facility
                                                      permitted by the Department of Waste Management to accept
                                                      garbage or ash. The results of this testing procedure must be
                                                      kept on file for three years.

                                                      The biggest problem associated with the incineration of both
                                                      medical waste and municipal solid waste is the emission of
                                                      particulate matter and gases. Some questions remain about
                                                      what harmful effects, if any, are associated with the
                                                      incineration of medical waste. Medical waste may be higher
                                                      in dioxins and fUrans due to its large plastic content;
                                                      however, a report prepared for the EPA in 1989 stated that,
                                                      "It1he dominant emissions from medical waste
                                                      incinerators ... are substantially less than for solid waste
                                                      systems."

                                                      There is only one independent medical waste incinerator
                                                      operating in Virginia, the Incindere, Inc. facility, located in
                                                      Norfolk, with a capacity of 65 tons per day (tpd). As of
                                                      March, 1991 six other independent medical waste
                                                      incinerators had proposed opening in Virginia:

                                                          Metropolitan Funeral Services, located in Alexandria,
                                                          with a 6 tpd capacity;

                                                          Mercer Vault Company, located in Fredericksburg, with
                                                          a 9 tpd capacity'.

                                                          Unim  ed of Virginia, located in Richmond, with a 46 tpd
                                                          capacity;

                                                          Virginia Environmental Corp., located in Hopewell, with
                                                          a 46 tpd capacity;

                                                          Recovery Corporation of Virginia, located in Emporia,
                                                          with a 50 tpd capacity; and

                                                          Caselin Systems, Inc., located in. Bland County, with a
                                                          40 tpd capacity.

                                                      Seven hospitals in Richmond operate medical waste
                                                      incinerators on site: Chippenham Hospital, Medical College
                                                      of Virginia, Stuart Circle Hospital, Retreat Hospital,
                                                      McGuire Hospital, Richmond Metropolitan Hospital, and
                                                      Richmond Con-imUnity Hospital (see figure




                      DRAFT 2/21/92                                                                               5-25















                                                                                                                                                                                                                                                                                                                             ............       .......





                                                                                                                                                                                                                                                                                                                                                 .... ......   ....................





                                                                                                                                                                                                                                                                                RETREAT

                                                                                                                                                                                                                                                                                                                                -RICti:MOND METRC


                                                                                                                                                                                                                                                                                                                                                     mCV
                                                                                                                                                                                                                                                                 STUART CIRCLE






                                                                                                                                                                                                                                                                                                                 R
                                                                                                                                                                                                                            HIPPENHAM
                                                                                                                                                                                                                Ty








                                                                                                                                                                                                                                                                                                               CGUIRE VETERANS HOSP
                                                                                           FEB. 1992
                                                                                                LEGEND

                                                  0 HOSPITAL INCINERATOR SITES







                                                                                                                                                                                                                                                                                                                                                    N T S'
                                                                                                                    HOSPITALS WITH ON-SITE INCINE





                             Chapter 5                                                              SOLID WASTE


                                                             Hospital incinerators are considered to be "auxiliary uses" by
                                                             the City and may be used to burn only waste that is produced
                                                             on-site. In addition, these six facilities are qualified to
                                                             operate under a "pen-nit by rule," meaning they are not
                                                             subject to the permit application and issuance provisions of
                                                             the Infectious Waste Management Regulations; however,
                                                             they are required to comply with all other provisions of the
                                                             regulations. Only those facilities that are in complete
                                                             compliance with all of the following conditions are qualified
                                                             and considered to be operating under a permit by rule:

                                                             0  The facility and all infectious waste activities must be in
                                                                compliance with all parts of the Infectious Waste
                                                                Management Regulations except for Part IX, Permit
                                                                Application and Issuance Procedures.

                                                             0  More than 75% (by weight, per calendar year) of all
                                                                infectious waste that is stored, treated or disposed of by
                                                                the facility is to be generated on-site.

                                                                No infectious waste is to be transported or received by
                                                                the facility without being properly packaged and labelled
                                                                in accordance with these regulations.

                                                             ï¿½  The activities at the facility must not involve the placing
                                                                of infectious waste directly into or on the land.

                                                             ï¿½  The owner or operator of the facility must notify the
                                                                DWM in writing that the facility is operating under a
                                                                permit by rule and provide information regarding the
                                                                location of the facility; the type of business the facility
                                                                serves; and the type of facilities involving infectious
                                                                waste in terms of its treatment, storage, transportation,
                                                                and disposal.

                                                             A permit by rule will be immediately terminated when the
                                                             facility fails to fulfill any of the above conditions.

                                                             Thereare two Mortuaries within the City of Richmond which
                                                             have crematorium facilities: Forest Lawn Cemetery and the
                                                             Virginia Division of Consolidated Laboratories. The
                                                             activities of these facilities are specifically excluded from
                                                             regUlation by the Infectious Waste Management Regulations:
                                                             human remains properly interred in a cemetery or in
                                                             preparation by a licensed mortician for internment or
                                                             cremation are not considered to be infectious waste.

                                                             Other Special Wastes
                                                             Motor oil is a special waste that is easily recyclable. One-
                                                             half of the energy needed to refine crude oil is needed to re-
                                                             refine used motor oil; and one gallon of used oil can make
                                                             .the same amount of lubricating oil that 45 gallons of crude
                                                             oil can produce.



                            DRAFT 2/21/92                                                                               5-26





                       Chapter 5                                                                 SOLID WASTE


                                                        In Virginia, businesses that sell motor oil are required to post
                                                        signs informing citizens of recycling locations. The City
                                                        recycles approximately 800-900 gallons of motor oil from
                                                        City owned vehicles per year.

                                                        iim are easily recyclable. They can be ground and used in
                                                        asphalt, used as retreads, playground equipment, or can be
                                                        chipped/shredded and used as a source for rubber goods. In
                                                        addition, they can be used as fuel sources in cement kilns,
                                                        pulp and paper plants, or power plants.

                                                        Each year, 200 million tires are discarded and often find
                                                        themselves in landfills or tire dumps, Tires take up
                                                        considerable space in municipal landfills, tire dumps are
                                                        prime breeding sites for vermin and mosquitoes, and there is
                                                        a danger of the tires catching fire.

                                                        The Virginia Department of Waste Management is currently
                                                        developing a tire management program which will establish
                                                        tire recycling centers throughout the Commonwealth. In the
                                                        City, tires picked Lip during routine street cleaning efforts are
                                                        recycled at a cost of $ 1,(XX) per month for transportation of
                                                        the tires toa recycling facility.

                                                        Construction and demolition waste is relatively safe. Most
                                                        of it is inert; however, precautions must be taken with waste
                                                        that contains asbestos, PCB bearing transformers and oil,
                                                        lead, paints, and treated lumber.

                                                        White aoods are discarded appliances which are usually
                                                        shredded and the material recycled into new steel. Again,
                                                        some electrical components may contain PCBs and must be
                                                        removed before recycling. The City recycles most of the
                                                        white goods collectea on bulk waste collection days.

                                                        Recommendations
                                                        A. Develop and implement mechanisms to regulate the
                                                            transportation, storage, and disposal of hazardous
                                                            materials and special wastes within the City.

                                                            I . Establish appropriate truck routes for transporters of
                                                                haZ,1rdOLJs materialsand special wastes.

                                                            2.  Coordinate designation of special truck routes with
                                                                the City's Haz Mat team and the Local Emergency
                                                                Plannino Committee.

                                                        B. Contract for transport of hazardous materials or special
                                                            wastes only with those companies that have a proven
                                                            record of environmental compliance.

                                                            I . Identify those operators which have a proven record
                                                                of safety and natural resource protection and contract
                                                                only with those companies.


                      DRAFT 2/21/92                                                                                  5-27






                                Chapter 5                                                                SOLID WASTE



                                                                    2.  Write contracts so that a company violating Federal
                                                                        or State environmental laws would be in violation of
                                                                        the contract agreement.

                                                                    3.  Develop a mechanism for monitoring contractors to
                                                                        protect the City from potential future liability.

                                                                C.  Develop and implement mechanisms to regulate the
                                                                    storage of hazardous materials and special wastes within
                                                                    the City.

                                                                   I . Continue to maintain the hazardous materials reporting
                                                                       system for the storage of materials in quantities greater
                                                                       than the Threshold Planning Quantity as required by
                                                                       SARA Title Ill.

                                                                   2.  Develop reporting requirements for storage of less
                                                                       than the Threshold Planning Quantity of hazardous
                                                                       materials.

                                                                   3.  Develop guidelines for the appropriate siting of
                                                                       facilities which store special wastes and hazardous
                                                                       materials,

                                                                            Consider type of material or waste, location of
                                                                            facility, condition of physical plant, surrounding
                                                                            land uses, distance between storage facilities and
                                                                            adjacent uses, and Suitability consistent with the
                                                                            solid waste facility planning process.

                                                                    4.  Determine the compatibility of facilities which store
                                                                        special waste and hazardous materials with other land
                                                                        uses, specifically residential uses, consistent with the
                                                                        solid waste facility planning process.

                                                                            Develop ordinances which regulate the siting of
                                                                            facilities which store special waste and hazardous
                                                                            materials.

                                                                    5.  Include the City Fire Bureau in the review of all
                                                                        permit applications made for facilities which store or
                                                                        handle special wastes and hazardous materials.

                                                                            Identify the types of land uses for which permits
                                                                            should be routed to the Fire Bureau.

                                                                    6.  Establish a schedule for monitoring of facilities
                                                                        which store hazardous materials or special wastes to
                                                                        ensure compliance with the zoning ordinance and
                                                                        permit conditions pertaining to such storage
                                                                        throughout the life of the facility.




                                DRAFT 2/21/92                                                                                5-28





                      Chapter 5                                                              SOLID WASTE


                                                         7.  Amend the zoning ordinance, revise existing review
                                                             processes, or adopt additional ordinances to
                                                             implement mechanisms which regulate the storage of
                                                             hazardous materials and special wastes within the
                                                             City.

                                                                 Include the Fire Bureau in the amendment,
                                                                 revision, and ordinance development processes.


                                                         8.  Review the zoning districts within the Environmental
                                                             Protection District to determine the appropriateness
                                                             of pen-nitted uses within those areas.

                                                                 Require that within the Environmental Protection
                                                                 District any land use which is storing hazardous
                                                                 materials or special wastes have appropriate
                                                                 containment facilities.

                                                         9. Seek and Support legislation for additional authority
                                                             to further regulate the storage of hazardous materials
                                                             and special wastes through the building code and
                                                             additional ordinances.

                                                     D. Develop mechanisms which hold the shipper and carrier
                                                         responsible for the clean-up costs in a hazardous
                                                         materials or special waste incident.

                                                         I . Utilizing existing authority, require payment of
                                                             clean-up costs where the City is forced to contract for
                                                             clean-up.

                                                         2.  Consider adopting ordinances which include
                                                             enforcement action.

                                                     E. Promote the inclusion of Virginia in the Demonstration
                                                         Medical Waste Tracking Program.

                     CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY

                                                     OBJECTIVE
                                                     SUPPORT AND SUPPLEMENT THE SOLID WASTE
                                                     MANAGEMENT EFFORTS OF THE RICHMOND
                                                     REGIONAL PLANNING DISTRICT COMMISSION
                                                     (RRPDC) AND THE CENTRAL VIRGINIA WASTE
                                                     MANAGEMENT AUTHORITY (CVWMA).

                                                     Richmond has chosen to comply with the Virginia
                                                     Regulations for the Development of Solid Waste
                                                     Management Plans by joining twelve other local
                                                     governments in the Richmond/Petersburg Metropolitan
                                                     Statistical Area in forming the Central Virginia Waste
                                                     Management Authority (CVWMA or the Authority). These


                     DRAFT 2/21/92                                                                              5-29





                      Chapter 5                                                              SOLID WASTE


                                                      thirteen local governments have worked with Richmond
                                                      Regional and Crater Planning District Commissions, an
                                                      environmental planning and engineering consultant, a local
                                                      Technical Advisory Committee (composed of public and
                                                      private waste management and recycling experts) and a
                                                      Citizens Advisory Committee to develop a regional waste
                                                      management plan which defined the Authority's role as well
                                                      as general waste management programs for the region.

                                                      The plan was submitted to the State in December 1991 and is
                                                      meant to satisfy requirement for a solid waste management
                                                      plan defining not only how and what the region will recycle,
                                                      but also how it will manage the rest of the waste stream.
                                                      State planning requirements include exploration of alternative
                                                      management systems and their feasibility for a wide array of
                                                      waste materials.

                                                      The plan addressed all elements of solid waste management
                                                      including generation, collection, transportation, treatment,
                                                      storage, and disposal.     It did not address infectious,
                                                      hazardous, or radioactive wastes.        The plan stressed
                                                      voluntary approaches for meeting State mandated recycling
                                                      objectives, rather than regulatory and mandatory approaches.

                                                      The Authority's first project since incorporation in December
                                                      1990 was the introduction of a regional pilot curbside
                                                      recycling program targeted to serve approximately 18,600
                                                      households (approximately 30,2W in the City of Richmond)
                                                      within seven of the thirteen member jurisdictions. The
                                                      program began in April 1991 and is expected to run for three
                                                      years.

                                                      Programs in the developmental stages include:
                                                      ï¿½  Introduction of a regional recycling drop-off center
                                                         network Utilizing a private vendor to service existing and
                                                         -   I
                                                         additional drop-off centers.

                                                      ï¿½  Development of a regional Materials Recovery Facility
                                                         (MRF) to prepare recovered recyclable materials for the
                                                         secondary market.

                                                      ï¿½  A feasibility Study has been undertaken by the
                                                         environmental planning and engineering consultant
                                                         which will determine potential and strategy for
                                                         production of yard waste compost and wood waste
                                                         mulch on a regional or SUb-regional basis.

                                                      ï¿½  Other activities include expansion of the curbside
                                                         program, office paper recovery, restaurant glass and
                                                         plastics recovery, used tire recycling, and multi-family
                                                         drop-off centers.





                      DRAFT 2/21/92                                                                             5-30






                       Chapter 5                                                               SOLID WASTE


                                                       The environmental element recommends that RRPDC and
                                                       the CVWMA explore solid waste management technologies
                                                       other than recycling and landfilling in future planning for the
                                                       region. Specifically, the waste management hierarchy
                                                       components of source reduction, reuse, and resource
                                                       recovery should be carefully considered as alternatives to
                                                       landfilling the majority of the regional waste stream.

                                                       Recommendations
                                                       A. Promote the incorporation of an integrated waste
                                                           management system, consistent with the solid waste
                                                           disposal hierarchy, into the regional solid waste plan.

                                                           1. Encourage the CVWMA to develop and implement a
                                                               regional program for the promotion of residential,
                                                               commercial, industrial, and institutional source
                                                               reduction, recycling, and reuse.

                                                                   Actively participate in and contribute to the
                                                                   planning efforts of the RRPDC and the
                                                                   CVWMA.

                                                                   Promptly provide any information required by
                                                                   the RRPDC or the CVWMA in their planning
                                                                   efforts.

                                                                   Supplement CVWMA program gaps with City
                                                                   programs.

                                                           2.  Promote the serious consideration of regional
                                                               resource recovery as a viable supplement to
                                                               landfilling.

                                                                   Actively participate in and contribute to the
                                                                   planning efforts of the Richmond Regional
                                                                   Planning District Commission and the CVWMA.

                                                                   Promptly provide any information required by
                                                                   the RRPDC or the CVWMA in their planning
                                                                   efforts.

                                                       B. Promote the development of a comprehensive solid
                                                           waste management education program for use on a
                                                                        L
                                                           regional basis.

                                                           L The CVWMA, in conjunction with local universities,
                                                                             an envi
                                                               should form ,        ronmental clearinghouse to both
                                                                      -in information reposito
                                                               act as                          ry and to disseminate
                                                               information on solid waste management issues to
                                                                          -it request it.
                                                               localities th,

                                                           2.  The CVWMA should establish a peer matching
                                                               program so that the communities of the region can



                      DRAFT 2/21/92                                                                                5-31





                         Chapter 5                                                      SOLID WASTE


                                                            share their expertise and information on solid waste
                                                            management issues.















































                                                          4W




                         DRAFT 2/21/92                                                                  5-32














                                AIR I-UAL.I..TY
                                                     Chapter 6





                       Chapter 6                                                               AIR OILALITY


                       INTRODUCTION

                                                      Six out of every ten people in the United States live in an
                                                      area which fails to meet air quality standards set to protect
                                                      human health. Virginia's natural resources have been
                                                      affected by the decline in air quality: emissions of sulfates
                                                      from power plants causes a scattering of light which reduces
                                                      visibility in the Shenandoah National Park; and nitrogen
                                                      disposition from motor vehicles, power plants, and other
                                                      combustion sources has caused a decline in the water quality
                                                      of the Chesapeake Bay. This situation exists despite 20
                                                      years of air pollution control efforts.

                                                      The Clean Air Act (CAA) of 1970 established national
                                                      standards for six criteria pollutants: sulfur dioxide (S02),
                                                      nitrogen dioxide (N02), carbon monoxide (CO), ozone
                                                      (03), lead (Pb), and particulate matter with a particle size of
                                                      less than ten microns in diameter (PM-10). States were
                                                      made responsible for monitoring air quality for these
                                                      pollutants and for implementing plans to meet the federal
                                                      standards. Generally this approach worked: air pollution
                                                      sources were monitored and air quality improved.

                                                      If an area does not meet the standard it is classified as a
                                                      nonattainment area and control measures must be imposed to
                                                      bring the area into attainment. Richmond, Chesterfield, and
                                                      Henrico were designated nonattainment areas for ozone in
                                                      the late 1970's. The 1970 CAA made no distinctions
                                                      between areas just barely in violation of the standard and
                                                      areas which greatly violated the standard. In both cases the
                                                      same length of time was given to reach attainment status, this
                                                      proved to be an inequitable and unworkable situation.

                                                      The following table provides ozone standard exceedance data
                                                      for the Richmond Metropolitan Area between 1981 and
                                                      1990.






















                      DRAFT 2/21/92                                                                                6-1





                      Chapter 6                                                              AIR QUALITY


                                             RICHMOND METROPOLITAN AREA
                                                     1981-1990 OZONE TREND
                      NUMBER OF DAYS THE STANDARD OF 0.12 PPM WAS EXCEEDED AT
                                                EACH MONITERING STATION

                     MONITORING             '81 '82 '83 '84 '85 '86 187 '88 '89 '90 Total
                     STATION                                                                               last 3
                     LOCATION                                                                              yrs.*
                     Chesterfield County      1      0    5      1     0     0     1     4      0     0       4
                       Beach Road

                     Henrico County           0      1    0     2      0     0     0     3      0     0       3
                       Math & Science Ctr

                     Hanover County           0      1    4      1     1     0     4     9      0     0       9
                       Raven Run Subdiv.

                     Charles City County     --      --   --    --    --     --    --    5      0     1       6
                       Shirley Plantation

                      *O.Q ppm. standard not to be exceeded more than three times in three years.

                                                     The 1990 amendments of the CAA classify nonattainment
                                                     areas according to the severity of their pollution and give an
                                                     appropriate length of time to achieve attainment. Specific
                                                     emissions control programs must be implemented within the
                                                     various classes of nonattainment areas. All applicable
                                                     sources in that area must comply with the CAA-mandated
                                                     control programs which are increasingly stringent as the area
                                                     classification increases in severity. In addition, the control
                                                     measures are additive: those required for one category are
                                                     added to the controls required in areas ranked below it in
                                                     severity.

                                                     The 1990 CAA amendments designate nonattainment areas
                                                     based upon 1987-1989 data. If an area was designated
                                                     nonattainment prior to enactment of the 1990 amendments,
                                                     such as Richmond, the area is automatically considered to be
                                                     nonattainment under the new amendments.

                                                     Nonattainment designation involves both the determination
                                                     of the geographic boundaries of the area and the assignment
                                                     of a classification for the area.      Each area desi  'gnated
                                                     nonattainment is classified at the time of designation as
                                                     marginal, moderate, serious, severe, or extreme, depending
                                                     upon the severity of the pollution. Richmond has been
                                                     classified as a moderate nonattainment area for ozone. In
                                                     comparison, Hampton Roads is classified as marginal,
                                                     northern Virainia as serious, Baltimore as severe, and Los
                                                     Angeles as extreme.






                      DRAFT 2/21/92                                                                              6-2





                      Chapter 6                                                              AIR QUALITY


                                                      Ozone is created by a reaction between nitrogen oxides
                                                      (NOx), volatile organic compounds (VOCs), and sunlight; it
                                                      is not emitted directly into the atmosphere as are other
                                                      pollutants. Typically, the gases are emitted in one area and
                                                      the chemical reaction, stimulated by sunlight and
                                                      temperature, occur in another. Which is why monitoring for
                                                      ozone in the Richmond metropolitan area is conducted in
                                                      Hanover, Henfico, Chesterfield, and Charles City counties.

                                                      Control of VOCs is the most direct way in which to reduce
                                                      ozone levels. Volatile Organic Compounds originate from
                                                      three primary sources: point sources (30%), area sources
                                                      (20%), and motor vehicles (50%). Point sources, primarily
                                                      industries, emit VOCs from various processes which use
                                                      solvents, paints, oils, and other chemicals to make a
                                                      product. Area sources are small emitters including dry
                                                      cleaners, repair facilities, and print shops as well as
                                                      numerous household goods such as point, oil, charcoal
                                                      lighte r fluid, hairspray, and deodorants.

                                                      The following chapter provides an information base for the
                                                      review of Richmond's responsibility toward improving air
                                                      quality. Policy recommendations are made and actions
                                                      which will enhance the air quality of the Richmond area are
                                                      suggested.    Certain actions are mandatory, others are
                                                      desirable but outside of the City's ability to control at this
                                                      time, and still others simply make good economic sense.

                      GOAL

                                                      THE AIR IN THE CITY OF RICHMOND AND ITS
                                                      ENVIRONS SHOULD BE OF THE HIGHEST QUALITY.

                      VEHICULAR EMISSIONS

                                                      OBJECTIVE
                                                      PROMOTE ACTIVITIES WHICH REDUCE THE LEVEL
                                                      OF VEHICULAR EMISSIONS AND ENHANCE AIR
                                                      QUALITY.

                                                      The present transportation system in the United States
                                                      contributes significantly to the threat of global warming and
                                                      increased air pollution. The fossil fuels used by vehicles are
                                                      a major source of greenhouse gases, with carbon dioxide
                                                      being the most prevalent. Nearly 25% of all C02 emissions
                                                      and nearly 13% of ag chloroflurocarbon (CFC) emissions in
                                                      this country can be traced to vehicles. In addition, vehicular
                                                      emissions are a major contributor to the formation of ozone.

                                                      According to the EPA, there are three options for controlling
                                                      the emission of air pollutants by automobiles:




                      DRAFT 2/21/92                                                                              6-3





                            Chapter 6                                                             AIR QUALITY


                                                           ï¿½   improving the fuel efficiency of automobiles and
                                                               transportation systems.

                                                           ï¿½   Converting to alternative fuels that produce little or no
                                                               C02 or CFCs.

                                                               Switching to more energy-efficient modes of travel.

                                                           Improved Vehicle and System Efficiency
                                                           Doubling the fuel economy of a vehicle reduces its C02
                                                           emissions by one-half. In 1973, when the first oil crisis
                                                           occurred, the average fuel economy of new cars was 14
                                                           miles per gallon; today, it has roughly doubled with a
                                                           corresponding drop in the amount of emissions.
                                                           Experimental vehicles have been produced that are capable of
                                                           achieving 60-75 mpg. While they were not designed for
                                                           mass production, these cars clearly demonstrate that we can
                                                           do much better than the 28 mpg that is the average for
                                                           automobiles produced today. Making automobiles lighter in
                                                           weight, increasing the efficiency of engines and
                                                           transmissions, and reducing aerodynamic drag are all ways
                                                           of increasing energy efficiency.

                                                           Improved control of traffic lights and traffic patterns also
                                                           offers increased fuel efficiency. Fuel is wasted in stop-and-
                                                           start traffic that is typical of many downtown areas. The
                                                           City of Richmond, in cooperation with the Virginia
                                                           Department of Transportation, is currently developing a
                                                           computerized system for traffic signal control in the
                                                           downtown area at an estimated cost of $5 million. It will
                                                           interconnect 240 of the 420 signals located in the City and
                                                           will decrease congestion and idling time at intersections. It
                                                           is hoped that this system will be fully operational by 1993.

                                                           Alternative Fuels
                                                           Use of clean and viable alternative fuels is another option
                                                           which can reduce vehicular emissions. Some alternative fuel
                                                           types include hydrogen, bio-mass based fuels (ethanol and
                                                           methanol), and electricity from non-fossil fuel sources.
                                                           There are several short-terni problems with alternative fuels.

                                                               Electric cars have a short range and run on electricity
                                                               usually produced by fossil-fuel burning generating
                                                               plants.

                                                               Methanol produces as much C02 per unit of energy
                                                               burned as does gasoline.

                                                               Compressed natural gas reduces C02 emissions;
                                                               however, it is difficult to store and may produce
                                                               insufficient power for large vehicles.




                           DRAFT 2/21/92                                                                             6-4





                      Chapter 6                                                              AIR QUALITY


                                                      ï¿½  Ethanol produces no C02 emissions; however, the
                                                         technology needed to use it is very expensive.

                                                      ï¿½  To produce the amount of ethanol needed to have a
                                                         significant effect on air quality, a large amount of land
                                                         presently used to grow food crops and forests would
                                                         have to be diverted to produce feedstock.

                                                      Use of alternative fuels by itself will not help control air
                                                      pollution on a global scale; however, it can improve local air
                                                      quality.

                                                      More Efficient Modes of Transportation
                                                      Over 70% of all trips taken today in the United States take
                                                      place in a vehicle with only one or two passengers. A major
                                                      shift to mass transit would help alleviate some of the
                                                      problem of vehicular emissions; however, within the United
                                                      States the use of the car so far exceeds the use of mass
                                                      transit that if mass transit systems were tripled in sized and
                                                      were used at peak capacity, the energy used for passenger
                                                      transportation would fall by only 10%. A more promising
                                                      alternative would be to increase the load factor, or increase
                                                      the number of persons travelling per car per trip. Today, the
                                                      load factor in the United States is 1.7 persons per car per
                                                      trip. If that average were increased to four, energy use
                                                      Would drop by 45%.

                                                      Efforts to increase transportation efficiency are typically
                                                      referred to as transportation system management and
                                                      transportation     demand management techniques.
                                                      Transportation system management (TSM) strategies
                                                      increase the transportation system's capacity through
                                                      improvements to infrastructure or facilities. Examples of
                                                      TSM include HOV lanes, improved signalization, and
                                                      electric streetcars. Transportation demand management
                                                      (TDM) strategies reduce vehicular demand upon the
                                                      transportation system through the modification of travel
                                                      behavior, Examples of TDM include flex-time, tele-
                                                      commuting, establishment of car and van pools, and bus
                                                      routing and scheduling.

                                                      Other alternatives are to increase the use of bicycles and
                                                      walking as forms of transportation.    These alternatives are
                                                      100% efficient in their use of energy, are non-polluting, and
                                                      have the adoed benefit of providing exercise.
                                                      Implementation of the greenways plan (referenced in the
                                                      Natural Features chapter) will provide pathways and
                                                      connections throughout the metropolitan area to facilitate
                                                      walking and bicycling as transportation,






                      DRAFT 2/21/92                                                                              6-5





                      Chapter 6                                                               AIR QUALITY


                                                      The City is required under the CAA amendments to install
                                                      Stage 11 control systems to recover gasoline vapors at its
                                                      fueling stations. The City is also required to participate in a
                                                      basic Inspection and Maintenance (I/M) program for its
                                                      motor pool vehicles. The Department of General Services is
                                                      considering investigating the use of natural gas and other
                                                      alternative fuels in some City-owned vehicles; however,
                                                      present technology inhibits conversion of the entire fleet at
                                                      this time for practical reasons. The City administration
                                                      reassigned 30 parking spaces previously reserved for car and
                                                      vanpools. The City is reviewing the possibility of re-
                                                      implementing the car and vanpool parking program in
                                                      conjunction with the new Virginia State Library and the
                                                      attendant parking deck.

                                                      The Greater Richmond Transit Company (GRTC) has no
                                                      immediate (within the next five years) plans to begin
                                                      investigating the use of alternative fuels. The cost of
                                                      converting its operations and fleet are seen as being too high
                                                      and the currently available technology is not sufficient to
                                                      meet demands. GRTC is pursuing grant funding to enable
                                                      them to begin an experimental program with alternative
                                                      fueled buses. GRTC currently uses emission traps on some
                                                      buses and new buses that are purchased already meet the
                                                      emission standards set by the CAA amendments. Diesel
                                                      exhaust and particulate matter are all currently within
                                                      allowable levels under the CAA amendments. Under the
                                                      CAA amendments alternatively fueled, low polluting buses
                                                      may be required in moderate nonattainment areas (such as
                                                      Richmond) if EPA determines that model year 1994 buses
                                                      are not capable of maintaining their pollution standard for the
                                                      life of the vehicle (250,000 miles).

                                                      Recommendations
                                                      A. Promote the use of mass transit by residents and workers
                                                          in the City of Richmond.

                                                          I . Evaluate and modify bus routing throughout the City
                                                              at regular intervals to better serve the riding
                                                              population and encourage further ridership beyond
                                                              the transit dependent.

                                                          2.  Cooperate with the other jurisdictions within the
                                                              Richmond region and with existing regional
                                                              organizations to develop satellite parking facilities
                                                              which assist in the use of the bus system, and car
                                                              and van pools.

                                                          3.  Modify the downtown public transportation system
                                                              to incorporate use of an electric trolley system or
                                                              other alternatively fueled vehicles with peripheral
                                                              connections to the City-wide system.




                      DRAFT 2/21/92                                                                                6-6





                      Chapter 6                                                            AIR QUALITY


                                                        4. Review development plans with the consideration of
                                                            a proposed project's ability to be served by mass
                                                            transit.

                                                    B. Develop Transportation System Management (TSM) and
                                                        Transportation Demand Management (TDM) programs
                                                        which promote air quality and the efficient use of fuel.

                                                        1. Develop HOV lanes on heavily travelled commuter
                                                            routes where possible for use during rush hour.

                                                        2.  Provide incentives and facilities which promote the
                                                            use of car and van pooling by public and private
                                                            sector employees.

                                                        3.  Continue to place a priority on funding traffic
                                                            management system improvements throughout the
                                                            City to increase the efficiency of traffic flow.

                                                        4.  Coordinate with major employers to decrease the
                                                            automobile commuting usage by employees through
                                                            provision of car and van pooling, mass transit, flex
                                                            time, tele-COMMUting and other TSM and TDM
                                                            techniques.

                                                    C.  Convert    the City of Richmond vehicle fleet to
                                                        alternatively fueled vehicles as soon as practical.

                                                    D.  Convert the GRTC bus fleet to alternatively fueled
                                                        vehicles, including electric vehicles (trolleys, buses,
                                                        etc.), as soon as practical.

                                                    E.  Conversion to alternatively fueled vehicles should be
                                                        based on the following factors:

                                                        1. Applicability and appropriateness of technology

                                                        2. Financial feasibility

                                                        3. Regulatory requirements

                                                        4. Practical and logistical considerations

                                                    F.  Develop incentives for conversion of private vehicles and
                                                        vehicle fleets to alternatively fueled vehicles.

                                                    G . Seek and Support legislation for additional control
                                                        authority to apply TDM incentives for development and
                                                        use of mass transit, transportation systems, and
                                                        conversion of private vehicles and vehicle fleets to
                                                        alternatively fueled vehicles.

                                                    H. Consider employment of additional measures to
                                                        encourage increased efficiency in transportation modes.


                     DRAFT 2/21/92                                                                             6-7





                      Chapter 6                                                              AIR QUALITY


                                                         I - Encourage the development of easily identifiable
                                                             bicycle and pedestrian routes and signage through the
                                                             zoning, plan of development, and special use permit
                                                             review processes, and the Capital Improvement
                                                             Program.

                                                         2.  Provide car and van pool parking spaces for City
                                                             employees.

                                                         3.  Provide financial and/or development incentives for
                                                             private employers to establish car and van pool
                                                             programs.

                                                         4.  Consider using smaller vehicles as alternatives to
                                                             buses during late-night hours.

                                                         5.  Encourage entities with which the City is connected,
                                                             Such as the Richmond Metropolitan Authority and
                                                             Richmond Redevelopment and Housing Authority,
                                                             to provide reserved spaces and reduced rates for car
                                                             and van pools in their parking facilities.

                                                     I . Develop a public education campaign which promotes
                                                         the use of mass transit, use of flex time by major
                                                         employers within the City, and car and van pools.

                                                     J . Investigate methods for reducing the amount of
                                                         particulate matter from diesel vehicles and other non-
                                                         point sources not covered by the CAA amendments.

                      ENERGY GENERATION

                                                     OBJECTIVE
                                                     ACHIEVE CLEAN AND ENVIRONMENTALLY SOUND
                                                     METHODS OF ENERGY GENERATION.

                                                     Three types of fossil fuel are used in energy production:
                                                     coal, fuel oil, and natural gas.      Of these, coal is the
                                                     "dirtiest," producing more S02, VOC, and NOx emissions
                                                     which contribute to global warming and the formation of
                                                     acid rain. Fuel oil also burns "dirty," producing significant
                                                     amounts of these primary air pollutants. Natural gas burns
                                                     the "cleanest" of the three but still produces some emissions.
                                                     The generation of energy using fossil fuel combustion
                                                     contributes to acid rain, global warming, and the formation
                                                     of ozone. The use of alternative power (i.e., alternative
                                                     nuclear power, solar, wind, and bio-mass) would go a long
                                                     way toward reducing harrnful emissions; however, there is
                                                     no economic incentive to switch to these alternatives at
                                                     present. Currently, the technology required for the efficient
                                                     and cost-effective production of energy through the use of
                                                     alternative power is considered to be too expensive.


                      DRAFT 2/21/92                                                                              6-8





                       Chapter 6                                                                 AIR QUALITY



                                                        Acid Rain
                                                        Acid rain is present in any form of wet or dry precipitation
                                                        (rain, snow, fog, dust, etc.) that is more acidic than normal.
                                                        It is formed when sulfur oxides and nitrogen oxides are
                                                        released into the atmosphere and interact with sunlight,
                                                        moisture, and other pollutants to form weak solutions of
                                                        sulfuric and nitric acid. Acid rain is seldom a problem in the
                                                        immediate vicinity of the sources of sulfur and nitrogen
                                                        dioxides. Rather, these pollutants are collected in one area
                                                        and transported through the atmosphere to be deposited in
                                                        the form of acid rain in other locations. Acid rain is a
                                                        problem identified mainly with the Northeast United States,
                                                        but its effects can also be seen in Virginia.

                                                        The sulfur and nitrogen compounds that contribute to acid
                                                        rain come from both natural and man-made sources. Among
                                                        the natural Sources are: lightning, ocean spray, decaying
                                                        plant matter and bacterial activity, and volcanic eruptions.
                                                        The man-made sources include: electric utilities, industries,
                                                        bLis.ine.sses, homes and other entities that burn fossil fuels,
                                                        emissions from automobiles and other forms of
                                                        transportation, and other industrial processes, such as
                                                        smelting. These man-made emissions account for more than
                                                        90% of the total emissions in the eastern part of North
                                                        America.

                                                        Acid rain may cause fatal abnormalities in fish and
                                                        amphibian eggs and may kill algae and other organisms that
                                                        serve as food for fish. It may also damage the leaves of
                                                        trees and other plants and may slow their growth. Acid rain
                                                        is also a danger to buildings and statues. Acidity and
                                                        moisture react with stone to form a crust that is easily
                                                        chipped or washed off. Statues can lose their features and
                                                        buildings can lose an outer layer of stone. Acidic water can
                                                        also corrode metal pipes, leading to contamination of
                                                        drinking water.

                                                        Virginia is fortunate in that its soils contain a large amount of
                                                        limestone. This acts as a filter for some of the acid that is
                                                        deposited; however, it has been estimated that between 20%
                                                        and 60% of the limestone capacity of the the state's soils has
                                                        already been used.

                                                        The 1990 CAA amendments require that sulfur dioxide
                                                        emissions be reduced ten million tons annually from the
                                                        levels emitted in 1980 by the turn of the century;
                                                        approximately a 40% reduction. The legislation also calls for
                                                        a two million toil reduction in nitrogen oxide emissions by
                                                        the year 2M). A significant portion of this reduction will be
                                                        accomplished by utility companies, which will be required to
                                                        meet tougher emission standards.




                       DRAFT 2/21/92                                                                                  6-9





                      Chapter 6                                                             AIR QUALITY


                                                     Since the majority of the acids which contribute to the acid
                                                     rain problem come from coal-fired power plants, the greatest
                                                     amount of work almed at reducing acid precipitation has
                                                     been directed toward Pollution control technologies required
                                                     during the permitting process. These include the use of
                                                     scrubbers (which can reduce S02 emissions by 95%), the
                                                     pre-washing of coal, and more reliance on low-sulfur coal
                                                     (mined in Virginia and the far Western U.S.).

                                                     Other methods that are being investigated include Limestone
                                                     Injection Multistage Burners (LIMB), more advanced
                                                     scrubbers, in-duct spraying, and fluidized bed combustion.

                                                     Global Warming
                                                     Global warming is the warming of the earth's climate due to
                                                     an increase in the amount of atmospheric carbon dioxide,
                                                     methane, ozone, and chloroflurocarbons (CFCs).
                                                     Chloroflurocarbons are used in refrigeration units including
                                                     units used to cool buildings. These gases act much like the
                                                     panes of a greenhouse, trapping heat near the earth's surface
                                                     and raising the ambient temperature. Elevated levels of these
                                                     gases are the result of the world-wide burning of fossil
                                                     fuels, the destruction of bio-mass (particularly rainforests
                                                     and old-growth stands), and the use and release of aerosols,
                                                     refrigerants, and cooling agents.

                                                     Scientists are still not in agreement about what, if any,
                                                     effects the gradual warming of the earth will have. Among
                                                     the anticipated effects are:

                                                     ï¿½   A gradual melting of some of the polar ice caps, and a
                                                         rise in tides and sea level;

                                                     ï¿½   changes in agricultural production (deserts may expand
                                                         to include greater land area, but at the same time areas
                                                         previously too cold for crop production may warm); and

                                                     ï¿½   changes in the earth's climate in general, including
                                                         changing weather patterns, variation in established winds
                                                         and Currents, and changes in precipitation amounts.

                                                     Given the global nature of the problem, some efforts have
                                                     been made at finding large-scale solutions. In 1987, the
                                                     "Montreal Protocol oil Substances that Deplete the Ozone
                                                     Layer" was signed. This protocol mandates significant
                                                     reductions in the use of chloroflurocarbons and halons and
                                                     establishes a framework for future action on the problem.

                                                     The City of Richmond is currently phasing out its use of
                                                     refrigerants which contain CFC's and is planning on using
                                                     non-CFC refrigerants in its cooling systems.





                      DRAFT 2/21/92                                                                            6-10





                      Chapter 6                                                              AIR QUALITY


                                                     Recommendations
                                                     Adopt an energy policy statement, directed to the State and
                                                     private sector, which includes the following elements:

                                                     1.  Produce energy by methods which require minimal fossil
                                                         fuel combustion, thereby minimizing contributions to
                                                         acid rain and global warming.

                                                     2.  Produce energy in conjunction with clean processes,
                                                         using best available pollution control technology.

                                                     3.  Emphasize the development and use of alternative non-
                                                         fossil fuel based sources particularly nuclear power,
                                                         solar, hydro, and wind.

                                                     4.  Incorporate energy conservation measures to reduce
                                                         costs and minimize air quality degradation.

                                                     5.  Develop an economic development strategy which
                                                         encourages businesses and indust   ries which practice the
                                                         above recomme ndat ions to locate within the City.

                      ENERGY. CONSERVATION AND MANAGEMENT

                                                     OBJECTIVE
                                                     IMPLEMENT ENERGY CONSERVATION AND
                                                     MANAGEMENT PRACTICES WITHI                         N CITY
                                                     FACILITIES AND ENCOURAGE THEIR USE
                                                     THROUGHOUT THE CITY OF RICHMOND.

                                                     Lighting, and its attendant air conditioning necessary to
                                                     offset the heat generated from inefficient lights, comprises
                                                     approximately 25% of the electricity used annually in the
                                                     United States. Increasing the use of energy efficient lighting
                                                     to include all areas where it is profitable represents an
                                                     opportunity to reduce energy costs and environmental
                                                     Pollution simultaneously. The market now offers several
                                                     dozen efficient lighting products which can provide similar
                                                     quantity and quality of lighting while consuming a quarter
                                                     of the electricity.    When used to their fullest extent,
                                                     .consumers can save    money and'prevent the generation of
                                                     millions of tons of carbon dioxide, and reduce sulfur dioxide
                                                     and nitrous oxide emissions.

                                                     Not only lighting but virtually every energy consuming
                                                     device used in buildings offers potential economic savings
                                                     and reductions in pollution. Energy conservation can be
                                                     achieved by investing in the most efficient furnaces, boilers,
                                                     pumps, fans, refrigerators, air conditioners and natural
                                                     cooling designs, motors and drive equipment, computers
                                                     and peripherals, building desi   -gn and materials, etc. By
                                                     replacing the above items as they wear out with the best



                      DRAFT 2/21/92                                                                             6-11





                       Chapter 6                                                                AIR QUALITY


                                                       available devices, efficiency gains can be achieved at a
                                                       relatively modest cost.

                                                       Energy management techniques maximize the efficiency of
                                                       equipment by adjusting the level of energy utilized according
                                                       to various conditions. Examples include the installation of
                                                       automated lighting controls that turn light off when a room is
                                                       vacated, the use of economizer cycles which cycles the
                                                       equipment off when it is not needed, and computerized
                                                       controls on HVAC systems which sense and automatically
                                                       adjust climate conditions.

                                                       Between the mid-1970's and the mid-1980's energy
                                                       conservation and management investments were made which
                                                       increased the nation's energy efficiency by 2.5%.
                                                       According to the EPA, this increase achieved cost savings of
                                                       more than $150 billion a year, reduced the need for 14
                                                       million barrels of oil equivalent per day, and reduced C02,
                                                       S02, and NO,, emissions to 40% below what they would
                                                       have been otherwise. Advances in technology continue to
                                                       provide the means of achieving such reductions; however,
                                                       more recently incentives for pursuing additional savings
                                                       have been underniined in several ways:

                                                       ï¿½   Traditionally, utilities have made money by building
                                                           power plants and selling more kilowatt-hours. They
                                                           suffer serious reductions in earnings when the encourage
                                                           customers to reduce energy consumption through
                                                           conservation techniques under the current regulatory
                                                           scheme.

                                                       ï¿½   State Corporation Commission (SCC) policies do not
                                                           reward investments in energy conservation, therefore
                                                           utilities have little incentive from the State to pursue
                                                           conservation strategies of their own. Currently, the SCC
                                                           is considering programs to encourage conservation
                                                           programs by utilities.

                                                       ï¿½   Developers typically construct inefficient buildings with
                                                           inefficient fixtures and appliances in order to keep
                                                           purchase costs down. As a result utilities invest half as
                                                           much to increase capacity to the levels needed to
                                                           accommodate inefficient buildings.

                                                       ï¿½   Landlords who pass utility costs on to their tenants have
                                                           no incentive to improve the efficiency of their facility,
                                                           and tenants are reluctant to invest in property they do not
                                                           own.


                                                       ï¿½   Finally, the lack of information concerning the need for
                                                           energy conservation, and the availability and reliability of
                                                           cost effective efficiency measures keeps consumers and
                                                           energy producers from investing in these options.



                      DRAFT 2/21/92                                                                               6-12





                       Chapter                                                                     AIR QUALITY

                                                        The EPA Gireen Lights Program is a program which
                                                        encourages major corporations to install energy efficient
                                                        lighting technologies wherever it is profitable. As a result,
                                                        corporations are able to reduce energy consumption while
                                                        maintaining or improving lighting quality. Green Lights is a
                                                        voluntary, non-regulatory program which addresses the
                                                        critical issues of energy efficiency, pollution prevention, and
                                                        economic competitiveness. Corporations committing to the
                                                        Green Lights program can benefit by reducing electric bills
                                                        and improving lighting quality. In addition, corporations
                                                        will contribute to the reduction of emissions caused by
                                                        electricity generation: carbon dioxide, sulfur dioxide, and
                                                        nitrogen oxides.

                                                        The Green Lights process includes a Memorandum of
                                                        Understanding between the corporation and the EPA which
                                                        commits the corporation to survey all of its facilities and
                                                        install new lighting systems within five years of the
                                                        agreement. The corporation also commits to build any new
                                                        facilities with the most current energy efficient technology.

                                                        CAA Allowance Trading Program
                                                        The EPA is implementing a market-based allowance trading
                                                        system as provided for in the CAA amendments which will
                                                        provide utilities flexibility in reducing emissions. Under this
                                                        system EPA will allocate allowances to affected utilities each
                                                        year. Each allowance will permit the utility to release one
                                                        ton Of Sulfur dioxide, and the utility may not emit more than
                                                        it has allowances for. The program offers incentives to
                                                        utilities which choose to reduce emissions through energy
                                                        conservation measures or use of renewable energy. For
                                                        every ton Of S02 emissions reduced through these means,
                                                        the utility will receive one free emissions allowance. In this
                                                        manner, a utility attempting to meet its emissions allowance
                                                        limit effectively "buys" two allowances for the price of one.

                                                        Utilities which reduce their emissions below the amount they
                                                        have allowances for may elect to trade their allowances, bank
                                                        them for future use, or sell them to other utilities for a profit.
                                                        Beginning in the year 2000, the number of allowances EPA
                                                        issues to utilities will be frozen at 8.9 million per year.
                                                        EPA's role in allowance trading will be to receive and record
                                                        allowance transfers and to ensure at the end of each year that
                                                        a utility did not exceed its allowance limit.

                                                        Recommendations
                                                        A. Continue to incorporate innovative and effective energy
                                                             management and conservation practices into City
                                                             buildings and facilities for purposes of improving air
                                                             quality and long term cost savings.

                                                             1. Install energy saving lighting fixtures in City-owned
                                                                 buildings.



                       DRAFT 2/21/92                                                                                  6-13





                      Chapter 6                                                              AIR QUALITY


                                                         2. Promote the EPA "Green Lights" Program as a
                                                             means for local corporations to increase energy
                                                             efficiency and promote pollution prevention.

                                                     B. Revise existing (City) building code to encourage the use
                                                         of economizer cycles, where not already required or
                                                         employed, in renovation and new development projects.

                                                     C.  Seek and support legislation for additional authority
                                                         through the uniform state-wide building code.

                                                     D.  Increase public awareness of the importance of energy
                                                         management and conservation.

                      CLEAN INDOOR AIR

                                                     OBJECTIVE
                                                     DEVELOP APPROPRIATE METHODS TO ELIMINATE
                                                     THE CAUSES OF SICK BUILDING SYNDROME IN
                                                     CITY OWNED AND OPERATED FACILITIES AND TO
                                                     IMPLEMENT THE VIRGINIA CLEAN INDOOR AIR
                                                     ACT THROUGHOUT THE CITY.

                                                     Until recently, little thought was given to the fact that air
                                                     inside a home, school, or office might be harmful to human
                                                     health. Radon, asbestos, smoke, household chemicals, and
                                                     chemicals typically found in furnishings all contribute to
                                                     indoor air Pollution.

                                                     In response to the public's increased energy consciousness
                                                     and demand for energy efficiency in the 1970's,
                                                     improvements were made in building design and
                                                     construction. Buildings were tightly sealed because it is
                                                     cheaper to recirculate air than to alternatively heat and cool
                                                     air which is continuously brought in from the outside. As a
                                                     result, employees or residents began to show similar
                                                     symptoms of illness, a phenomenon called Tight Building
                                                     Syndrome which began to be a problem in the mid-1970's.

                                                     Sick Building Syndrome
                                                     More recently experts began to realize that factors other than
                                                     the sealed nature of buildings can be responsible for
                                                     illnesses. Materials used to decorate and furnish the building
                                                     can contain compounds which make a building's users ill.
                                                     This phenomenon is called sick building syndrome, which
                                                     like tight building syndrome causes workers or residents of a
                                                     particular building to experience similar illnesses. The most
                                                     common symptoms associated with sick building syndrome
                                                     are lethargy, coughing, itchy or watery eyes, sore throat, dry
                                                     skin, headaches, nausea, and general body aches.

                                                     The most comn    'ion sick building syndrome pollutants and
                                                     their Sources include:



                      DRAFT 2/21/92                                                                             6-14





                      Chapter 6                                                                AIR QUALITY


                                                       ï¿½  Formaldehyde - found in upholstery, plywood, particle
                                                          board, carpet, paneling, fiberglass, insulation, floor
                                                          lacquer and varnish, and adhesives;

                                                       ï¿½  Trichlorofluromethane - found in many refrigerant
                                                          systems;

                                                          Acetic Acid - found in tobacco smoke, solvents, caulks,
                                                          and resins;

                                                          Ethanol - found in fiberboard;

                                                          Isopropanol - found in particleboard;

                                                       ï¿½  Butylacetate - found in floor lacquers and adhesives;

                                                       0  Hexane - found in gypsumboard and chipboard; and

                                                       ï¿½  Benzene - found in adhesives and cleaners.

                                                       As the air is recirculated, these elements become more
                                                       concentrated. Often, simply providing a supply of fresh air
                                                       or installing an effective air filtration system will clear up
                                                       sick building syndrome. Better housekeeping to minimize
                                                       dust and reducing or eliminating smoking also will relieve
                                                       sick building syndrome.

                                                       The City of Richmond has implemented steps to buy only
                                                       formal de hyde- free furnishings for City facilities. Serious
                                                       problems have occurred in the ventilation system of the
                                                       Safety and Health Building caused by soot accumulating on
                                                       electrostatic precipitators used to filter the air. It also has
                                                       asbestos insulation present, remediation of which is
                                                       estimated to cost at least $4.5 million.

                                                       Radon
                                                       Radon is it naturally occurring radioactive gas which comes
                                                       from the breakdown of uranium, granite, shale, phosphate,
                                                       and pitchblende (,it type of mineral) in soils. It is odorless,
                                                       tasteless, and invisible. Radon can also be found in soils
                                                       contaminated with certain types of industrial wastes.

                                                       Radon becomes a problem when it accumulates in an
                                                       enclosed space, Such as a home. Indoor levels depend on
                                                       both a building's construction and the concentration of radon
                                                       in the underlying soiis. Radon, being a gas, can enter a
                                                       home in a variety of ways. It can seep into a home through
                                                       dirt floors, cracks in concrete floors and walls, floor drains,
                                                       sumps, joints, and small cracks or pores in hollow-block
                                                       walls. Radon can also enter the water of private wells and is
                                                       released when the water is pumped into the home. Radon is
                                                       not usually associated with large, community water systems.
                                                       In addition, homes with crawl spaces have a barrier between


                      DRAFT 2/21/92                                                                              6-15





                             Chapter 6                                                              AIR QUALITY


                                                            the actual structure and the ground. Homes with in-ground
                                                            basements have no such protection and are more at risk.

                                                            Radon is detected by equipment designed specially for this
                                                            purpose and usually available at hardware stores.
                                                            Homeowners can purchase two types of radon test kits:
                                                            charcoal canisters (cost $10-$25) which are exposed to the
                                                            air in the home for three to seven days and then sent to a
                                                            laboratory for analysis; and alpha track detectors (cost $20-
                                                            $50) which are exposed for two to four weeks and then sent
                                                            to a laboratory for analysis.

                                                            The only known health effect associated with exposure to
                                                            elevated levels of radon is an increased risk of lung cancer.
                                                            It has been estimated that 5,000 to 20,000 lung cancer deaths
                                                            per year may be attributed to radon exposure. In general, the
                                                            risks associated with exposure increase as the level of
                                                            exposure and length of exposure increase.

                                                            In Virginia, the area most likely to have radon contamination
                                                            is the Piedmont region, roughly between the fall line and the
                                                            eastern slopes of the Blue Ridge Mountains. Richmond is
                                                            included in this area. The areas of highest concentration in
                                                            the Richmond Metropolitan Area are in the western areas of
                                                            the City and points west.

                                                            The City of Richmond faces no mandated responsibility in
                                                            the area of radon detection or regulation; however, the City
                                                            is in the process of conducting a survey of City owned
                                                            facilities for the presence of radon. At this time there is no
                                                            evidence of a radon problem in any of the surveyed facilities.

                                                            The Clean Indoor Air Act
                                                            In 1990 the Virginia General Assembly enacted the Clean
                                                            Indoor Air Act which regulates smoking in public buildings.
                                                            According to the Act, reasonable no smoking areas must be
                                                            provided in any building owned or leased by the
                                                            Commonwealth and any building owned or leased by a local
                                                            government. Moreover smoking is prohibited in elevators,
                                                            public school buses, common areas of any public school,
                                                            hospital emergency rooms, local health departments, polling
                                                            places, and indoor service or cashier lines. In addition
                                                            restaurants having a seating capacity of 50 or more -must
                                                            provide no smoking areas Sufficient to meet customer
                                                            demand.

                                                            The Act delegates enforcement authority to the localities.
                                                            Thus far the City has not passed an ordinance attempting to
                                                            regulate smoking in public places; however, should the City
                                                            decide to pass such an ordinance it must prohibit smoking
                                                            the the areas identified in the Act, and may provide for
                                                            regulation of smoking the following areas:

                                                               retail establishments of 15,000 square feet or more;


                            DRAFT 2/21/92                                                                             6-16





                      Chapter 6                                                             AIR QUALITY


                                                     ï¿½  rooms  in which public meetings are being held;

                                                     ï¿½  places of entertainment;

                                                     ï¿½  indoor recreation facilities; and

                                                     ï¿½  other public places.

                                                     Areas where smoking may not be prohibited include: bars
                                                     and lounge areas, retail tobacco stores, restaurants or other
                                                     public places being used for private functions, office or
                                                     work areas not generally open to the public, areas of
                                                     shopping malls external to retail stores, and lobby areas of
                                                     hotels and motels.


                                                     Recommendations
                                                     A. As chemicals contained in materials which compose
                                                        buildings and furnishings are found to contribute to sick
                                                        building syndrome, purchase only furnishings and
                                                        materials which are free of these chemicals.

                                                     B .Develop a program by which systematic replacement or
                                                        improvement of ventilation systems, products which
                                                        contain asbestos, and other products which contribute to
                                                        the problem is accomplished.

                                                     C. Enact an ordinance which regulates smoking in public
                                                        places pursuant to the Virginia Clean Indoor Air Act
                                                        which incorporates the following provisions.

                                                        I . The ordinance must be as stringent as the state
                                                            legislation.

                                                        2.  The ordinance may not prohibit smoking in certain
                                                            areas.


                                                        3.  The ordinance must require reasonable no smoking
                                                            areas in any building owned or leased by-the City of
                                                            Richmond.

                                                        4.  The ordinance must require that restaurants with a
                                                            seating capacity of 50 people or more provide no
                                                            smoking areas sufficient to meet customer demand.
                                                            Consider requiring all restaurants to provide no
                                                            smoking areas Sufficient to meet customer demand.

                                                     D. Incorporate the prohibition of smoking in            retail
                                                        establishments greater than a certain size, rooms in
                                                        which public meetings are being held, places of
                                                        entertainment, indoor recreational facilities, and other
                                                        public places into the City's ordinance.




                     DRAFT 2/21/92                                                                            6-17





                            Chapter 6                                                                AIR QUALITY


                                                            E. Develop a mechanism for enforcement of smoking
                                                                regulations in public buildings.

                                                                I . Increase permanent signage prominently displayed in
                                                                    non-smoking areas.

                                                                2. Develop a system of code enforcement for repeated
                                                                    offenses.


                             ELECTROMAGNETISM

                                                            OBJECTIVE
                                                            MONITOR THE ISSUE OF ELECTROMAGNETISM AS
                                                            SCIENTIFIC DATA IS DEVELOPED TO DETERMINE IF
                                                            PROLONGED EXPOSURE TO ELECTRIC OR
                                                            MAGNETIC FIELDS, OR BOTH, REPRESENTS A
                                                            SIGNIFICANT RISK TO PUBLIC HEALTH, SAFETY
                                                            AND WELFARE.

                                                            The electric power that we use in our homes, offices, and
                                                            factories utilizes alternating current (AC) power.           An
                                                            alternating current does not flow steadily in one direction, it
                                                            flows back and forth at a rate of 60 times per second. This
                                                            is called 60 hertz (Hz) power with which two kinds of fields
                                                            are associated:

                                                                electric fields - which result from the strength of the
                                                                electrical charge; and

                                                                magnetic fields - which result in the motion of the
                                                                electrical charge.

                                                            Together, these are called electromagnetic fields. All
                                                            currents produce electromagnetic fields.

                                                            The strength of an electric field depends on the voltage of the
                                                            object creating it. A high voltage power line, for example,
                                                            creates a stronger electric field than a low voltage line. An
                                                            electric cur-rent does not have to be flowing through a line for
                                                            an electric field to exist. Any electric appliance which is
                                                            plugged in will create an electric field. Magnetic fields are
                                                            created only when Current is flowing: appliances which are
                                                            Plugged in but turned off do not produce magnetic fields.

                                                            Electric power is produced by large generating plants and
                                                            then transferred to homes by way of high voltage
                                                            transmission lines. There is an ongoing debate among
                                                            scientists, the electric utility industry, and environmentalists
                                                            concerning the health effects of these transmission lines.
                                                                      Z:@

                                                            Some epidemiological studies have been conducted and
                                                            suggest that there may be an association between exposure to
                                                            electromagnetic fields and an increase in leukemia in



                           DRAFT 2/21/92                                                                                6-18





                      Chapter 6                                                               AIR QUALITY


                                                     children, in the growth rates of cancers, in the malformation
                                                     of sperm, and in nervous system disorders in general. Other
                                                     similar studies show no such association. Studies using
                                                     laboratory animals have also been conducted. Some of the
                                                     reported effects include a change in the production of various
                                                     chemical messengers in the brain, changes in the rate at
                                                     which DNA is made and replicated, and changes in the rate
                                                     of growth of some cells. Again, similar studies have shown
                                                     no such effects. A very real difference of opinion exists
                                                     among scientists about what, if any, effects can be directly
                                                     attributed to electromagnetic exposure.

                                                     The only verifiable effects that can be directly attributed to
                                                     high voltage transmission lines are a decrease in milk
                                                     production in cows who graze near the lines, and a decrease
                                                     in honey production by hives situated near 60Hz lines. It is
                                                     believed that cows and bees receive minute shocks which
                                                     upset their ability to produce milk and honey.

                                                     The question which remains is what, if anything, can or
                                                     should be done to regulate land use and development near
                                                     high voltage transmission lines. It has been suggested that
                                                     government regulations, if they are developed, should affect
                                                     only new facilities and power lines. This is because even
                                                     under the most pessimistic assumptions it is hard to justify
                                                     the costs of modifying old facilities and lines. These costs
                                                     would have to be passed on to the consumers, who may not
                                                     wish to pay higher rates for new lines that may not be
                                                     needed.

                                                     Given the level of ambiguity and uncertainty surrounding
                                                     electromagnetic fields, many regulatory authorities have been
                                                     advocating a "Prudent avoidance" approach. This approach
                                                     recognizes that the available literature neither provides a
                                                     basis for asserting that electromagnetic fields constitute a
                                                     significant risk, nor that they represent no risk whatsoever.
                                                     Following this lead, in 1990 New York adopted an interim
                                                     standard limiting magnetic field strength near electric power
                                                     transmission facilities. The New York standard was based
                                                     upon a Survey of existing magnetic fields near the
                                                     transmission circuits.     The New York Public Service
                                                     Commission concluded that rather than adopt unnecessary
                                                     strict standards, the better approach was one of avoiding
                                                     unnecessary increases in existing levels of exposure to
                                                     electromagnetic fields.

                                                     In the City of Richmond, the City Planning Commission
                                                     must review and approve the encroachment of private
                                                     transmission lines over public rights of way (see figure
                                                     The City therefore Could influence the location of future
                                                     power transmission lines if it were to be determined that
                                                     electromagnetic exposure is a verifiable threat to the public
                                                     health.



                      DRAFT 2/21/92                                                                             6-19












                                                                                              V,


                                                                      Acca

















                                                &,ENUE

                                                                                        12th S


                                   Straiford Hills
                                                                                    -'Manch ster
                                                                                                         Na




                       F E B  19 9 2
                                                                                       Bellmeade         Pip
                            NTS

                                                                  Plaza
                  VIRGINIA POWER                                                                     tasin
             TRANSMISSION SYSTEM
                  RICHMOND AREA
             ........... 115 KV TRANSMISSION LINES
                    230 KV TRANSMISSION LINES,
                                                                                      arlbor
                    PROPOSED STATION





                      Chapter 6                                                                AIR QUALITY


                                                      Recommendations
                                                      A. In the present absence of conclusive data regarding the
                                                          risks of exposure, adopt a policy of "prudent
                                                          avoidance."

                                                          I . Complete a survey of the average magnetic field at
                                                              the edges of the fights of way for all existing 115 and
                                                              230 kilovolt transmission circuits located within the
                                                              City limits.

                                                          2.  Set an interim standard limiting magnetic field
                                                              strength near electric power transmission facilities
                                                              proposed within the City limits based upon the
                                                              existing situation as determined by the survey.

                                                      B.  Seek and support legislation containing a statewide
                                                          interim standard limiting magnetic field strength near
                                                          electric power transmission facilities.

                                                      C.  Develop a public education campaign to raise awareness
                                                          of the issue of electromagnetism and keep the public
                                                          informed of developments in the field.

                      AIR QUALITY AND ECONOMIC DEVELOPMENT

                                                      OBJECTIVE
                                                      ADOPT AN ECONOMIC DEVELOPMENT STRATEGY
                                                      WHICH CAPITALIZES ON THE ADVANTAGES OF A
                                                      CLEANER CITY WHILE MINIMIZING THE
                                                      DISADVANTAGES OF BEING DESIGNATED A
                                                      NONATTAINMENT AREA BY THE CLEAN AIR ACT.

                                                      Richmond is an old city where the original industrial
                                                      economic base has shifted in recent decades toward a
                                                      professional, business and service industry orientation.
                                                      Federal and State efforts to protect and improve the
                                                      environment through various regulatory measures affect the
                                                      operations of business and industry. Not only is the City
                                                      responsible for implementing many of these mandated
                                                      program,,,, but this document recommends that the City go
                                                      beyond minimum requirements for the purpose of improving
                                                      the quality of life for Richmond's citizens. During the
                                                      implementation of these recommended plans and programs,
                                                      it is imperative that the City maintain a balance between the
                                                      environment as an important component of Richmond's
                                                      character and economic viability.

                                                      Environmental quality can both contribute to and detract
                                                      from quality of life in a city such as Richmond. Pollution
                                                      resulting from careless operation of industries and
                                                      businesses burdens the land with both environmental
                                                      degradation and legal snarls, making it very difficult for
                                                      Subsequent owners to develop the contaminated property.



                      DRAFT 2/21/92                                                                               6-20





                            Chapter 6                                                               AIR QUALITY


                                                            Carelessness on neighboring properties can result in
                                                            contamination which respects neither property nor
                                                            jurisdictional boundaries leaving innocent landowners with
                                                            unwarranted responsibilities. Federal mandates strive to
                                                            improve environmental quality yet their requirements can
                                                            translate into astronomical compliance costs for business and
                                                            industry.

                                                            Within the array of environmental legislation, this
                                                            phenomenon is most apparent in the Clean Air Act. As
                                                            discussed in the following section, the potential impacts of
                                                            the CAA on economic development on the City are
                                                            troublesome. For example, the act requires an off-set ratio
                                                            of total emission reductions of VOCs to total increased
                                                            emissions of VOCs from a proposed new point source be at
                                                            least 1. 15: 1. This means that new sources must provide a
                                                            corresponding reduction in emissions which is most easily
                                                            obtained by closing down an existing source. Another
                                                            option is for the new source applicant to introduce pollution
                                                            control technology to the existing source in order to reduce
                                                            emissions rather than close it down which can be a very
                                                            expensive proposition.

                                                            Other requirements of the CAA which represent potential
                                                            economic impacts in the City include the Stage II vapor
                                                            recovery systems and the Inspection and Maintenance (I/M)
                                                            program. Installation of Stage 11 vapor recovery systems is
                                                            required by all new or existing gasoline dispensing facilities
                                                            with a throughput Of 10,(X)O gallons per month or more.
                                                            Stage 11 vapor recovery systems are systems placed on
                                                            service station gasoline pumps to control and capture
                                                            gasoline vapors during automobile refueling. The IN
                                                            program will require periodic inspections of vehicle exhaust
                                                            systems to ensure that emissions of specified pollutants are
                                                            not exceeding established limitations.

                                                            A program similar to this has been in place in northern
                                                            Virginia for several years and for the consumer represents
                                                            little more than an inconvenience; however, depending upon
                                                            the manner in which the State chooses to implement the
                                                            program, it may mean a substantial capital outlay for.
                                                            privately owned inspection stations. There are two basic
                                                            means of implementing the program: development of a state
                                                            operated, centralized system of inspection stations versus the
                                                            use of existing, privately operated inspection stations. If the
                                                            State chooses the latter approach, privately owned stations
                                                            will be required to purchase the equipment and invest in
                                                            employee training as necessary for the testing of vehicle
                                                            exhaust systems.

                                                            This element recommends that the City consider the impact
                                                            of environmental legislation, particularly the CAA, on its
                                                                                 1:1
                                                            economic development policies. A balance can be found
                                                            between environmental quality and economic development.


                            DRAFT 2/21/92                                                                              6-21





                        Chapter 6                                                                 AIR QUALITY


                                                        Adjustments must be made which encourage business
                                                        expansion and retention within today's regulatory climate by
                                                        emphasizing the strides being made in environmental quality
                                                        and the resulting positive impact on the desirability of the
                                                        City as a place to live, work, and visit.

                                                        Air Pollution Point Sources
                                                        The CAA categorizes point sources as major and non-major.
                                                        A major point source has the potential to produce 100 tons
                                                        per year (TPY) of volatile organic compounds (VOCs) in a
                                                        moderate nonattainment area, such as Richmond. Non-
                                                        major Sources are sources which do not meet these emission
                                                        limits.   Small businesses and industries, as well as
                                                        institutional facilities, make up the bulk of the non-major
                                                        sources. According to the Virginia Department of Air
                                                        Pollution Control, there are a total of 284 point sources
                                                        located within the City of Richmond (see figure

                                                        From a land use perspective, point sources present a
                                                        complex problem. The City can only regulate the placement
                                                        of plants or structures which have the potential to emit air
                                                        pollution through the zoning ordinance. If a structure meets
                                                        the land use requirements of the district in which it is to be
                                                        built (M-1 Light Industrial or M-2 Heavy Industrial), and
                                                        does not pose a threat as a public nuisance, the City has
                                                        limited authority to further regulate the structure. This
                                                        remains the case if a structure is built on a lot zoned for
                                                        industrial use but which is adjacent to a lot or district which
                                                        is zoned for residential use. The Department of Air Pollution
                                                        Control does Computer modelling of emission levels dufing
                                                        the permitting process, requiring that new or modified
                                                        sources do not pose a human health hazard at the "fence
                                                        line." The rationale being that air emissions become less of a
                                                        concern the farther away from the source you are located.

                                                        Air Pollution point sources also pose a dilemma in that they
                                                        can become part of an "off-set" arrangement. Off-sets are
                                                        required by the Clean Air Act amendments (CAA) at a ratio
                                                        of 1. 15:1 in moderate nonattainment areas. This means that
                                                        older plants which have the potential to emit more. pollution
                                                        can be purchased and closed by the developer of a newer,
                                                        cleaner operating plant. In this manner the new source has
                                                        not added to the net amount of pollution in the area.

                                                        Off-sets may impact economic development within the City
                                                        of Richmond if the preferred sites for new facilities are
                                                        located in neighboring counties while older emitters are
                                                        bought and shut down within the City in order to satisfy
                                                        offset requirements. The types of facilities which are most
                                                        commonly purchased for off-sets are printing and fuel
                                                        storage facilities. In some states industry is buying up
                                                        smaller generators including dry cleaning establishments,
                                                        individual gas stations, and even cars without catalytic
                                                        converters in anticipation of ftiture offset requirements.


                       DRAFT 2/21/92                                                                                 6-22























                                                                                                                                                                                                     N

                                                                                                                                                                                                           CO


                                                                                                                                                                                                           z





                                                                                                                                     T-T














                                                                                                                                                        two IN                      momomm
                                       4@ //'V                          A



                                                                                                                                                                                 +11
                                                                                                                                                                                           if


~0



                                                                                           LOCATIONS OF AIR EMIS ION POINT SOURCES




                               ~~             A~S                               NAM~                   A~ ~                     R~L~              7T~BA~D~   HUGUENOT ~HOOL               7~1p1~      NAME                                                                     NAM~                 ADDRESS
                               SAMPSON COATINGS                   ~1~pR~                                                                                           C~                    ~2p- MAIN STREET                  KRAFT DAIRY. INC.                 ~TREET
                               ~UCTS                    ~pf~D                   AL~.MIDDL~   ~~                                                ~T~         STANDARD ~           102 ~T
                                                                                                        S~.                    ~Y ROAD                     ~FC~                       MILLER ~                 512 ~T~                 J~EI~     ~pK~pFNU~     GEORGE ~           ~pOO~          RICH~                15~D
                               PHILLIP MORRIS, ~     23~ ~                            ~N TOBACCO                  ~FRANKLIN                      ~H1~         2717 AT ~DRIA STREET              SUN CHEMICAL CORP.                 34~REET                  SEVEN-UP ~                 ~MIT AVENUE
                               MA~E~             III H~pS~                  MAGGIE WA I ~          1000 N. LOMBARDY STREET               REYNOLDS METALS                    ~ STREETS                RETREAT HOSPITAL                  2~
                               ~                        ~Y ~              RICHMOND SC~2pI~2~RD                     CONSOLIDATED CIGAR                 ~UE                      SOUTHERN STATES COOP              ~ET
                               P~                    2~N                      WESTHAMPTON SPEC. ED.               SSW PATTERSON AVENUE                  ~P~E~         ~D I~             F. ~                 900 BROOK ROAD
                               RICHMOND LUMBER                    4T~                   WESTOVER HILLS MID.                 1211 JA~                 WESTVACO                           ~~                   GILMOUR COURT APT~~N STREET
                               O~                 ~E ROAD                     W~ COURT EI~ 2100 SUSSEX STREET                    ~NC.                  3210 W. LEIGH STREETS                 VIRGINIA HO~      1601 N. 1~                            BRISTOL STEEL                      4TH AND CORDON                        WOOD~ ELEM~           2D~~           REDFORD BRICK CO.                  12TH & MAURY STREET                   RICHMOND GRAVURE INC.             ~R TERMINAL RD.
                               CAPITOL PRIN~NK             311~                        GEORGE WYTH~        4~~         WESTVACO                           ~T                       REYNOLDS METALS                   4TH AND CANAL STREETS
                               W~                       ~ON DAVIS HWY.              ~TAINER CORP.                2320 DEEPWATER ~         NAPPE~                   ~CE ROAD                    1~pENGDAHL INC.               3411 SHAW LANE
                               AMERICAN TOBACCO                   400 JEFFERSON DANIS HWY.                                                         HAMILTON ~2pp~ ENG~        SUMMIT AND NORFOLK STRTS~ D~2pVEH.            2220 W. BROAD STREET
                               R~PERS                3~                       ~.                     2121 W.                ~                          T~R~              ~~          ~ SALES                2307 HULL STREET                      EXPERT GRAPHICS                    201~UM AVE.                 14T~LD~T~1ANK~                              A. H. ROBINS                       1407 CUMMINGS DRIVE                   E. M. TODD CO.                      H~IL~S               DELUXE CHECK PR~         3406 COMMERCE ROAD                    ELECTRICAL EQUIP~ 18D7 ~                           JOHN MARSHALL HOTEL                5T~                   E. R. CARPENTER CO.                 2400 JEFFERSON DAVIS ~   TAR~1pESTAR                    3011 DOCK STREET                      FOREIGN MISSION BOARD             ~T AVENUE
                               MILLH~                11~AD                    HOCH FUELS                          4110 DEEPW~           HYMAN VEENER & SON                 Woo HATCHER STR~         EASTERN ELECTRICAL                1001 E~                               W~                    2~                    EASTERN SLEEP PRDCTS.               ~ ROAD                ~L                    ~N STREETS               RICHMOND ~P.            700 ~1pX~                 APAC~                 140~AD                   AMF INC.                            2115 W. LABURNU~      7~STONE,              2100 TEP~pL ROAD                  SATTERWHITE PRINTING              ~TREET
                               INTERSTATE CON~       2100 DEEPWATER TERMINAL RD,           UPACO ADHESIVES INC.                4 10~                 GREAT A ~ ~~AVIS HWY.             CREATIVE SCREEN PRNT~M~T
                               AURAND MPG.                        2S~U~          KENSINGTON GARDENS                  2~ENUE                c~E~           2~                       RICHMOND COMM. HO~1500 N. 2~                          MCGU~              1~                    THALH~S. ~   7T~TS                 SERVICE TIRE                       1~IS HWY.             PHYSICIANS CLIN. LAB              1514 RHOADMILLER ROAD
                               UNION CAMP                         2~                    THALH~.                200 WESTMORELAND STREET               JAMES RIVER CORP.                  4700 DEEPWATER 7~I~  PHI~U~     42~R TERMINAL RD.
                               CRAWFORD MFG.                      3RD AND DECATUR ST~      REYNOLDS METALS CO.                 5TH AND CARY STREETS                  STUART CIRCLE HOSP.                4~                       ROSS A~2p1~   ~REET
                               ~                     2~REET                   FEDERAL BUILDING                    N. ~                  T~ACRES SCHOOL              ~AGE ROAD                   STANDARD PARTS                    ~AD
                               FIRST ENERGY                       2ND AND~              U~                     I OTH AND MAIN STREETS                RUFFIN ROAD E~        RUFFIN ROAD                           J. L CULPEPER                     RO~D
                               FIRESTONE TIRE                     ~                     BERKSHIRE APARTMENTS                300 W. FRANKLIN STREET'S              RICHMOND CITY O~   21 ~T                    CRAN~                               AMERICAN TOBACCO                   2~STREET                 CHRENSHAW~             311 W. FRANKLIN STREET                RICHMOND TECH. CNTR                2020 WESTWOOD AVENUE                  RE~                  LEIGH AND BOWE STR~                          PH~                      1915 E. MAIN STREET                   FIDELITY BANKSHARES                 ~STREET                     G~1pX                    1~D                   ~YNOLDS C~ 700 JACKSON STREET'
                               PHILLIP MORRIS                     ~OAD                        MAIN STREET ASSOC.                  1001 E. MAIN STREET                   I ELIZABETH REDD E~   5~                    NELSON ELECTRICAL                 1010 HOLLY SPRING AVENUE
                               PHILI~             2~T                   ~LDING                 1~T AVENUE                  ~HOOL                    ~OLPH                       OVERNITE TRANSPORT.               1000 ~NUE
                               PHILLIPMORRI~      7T~REET               ESKIMO PIC CORP.                    530E~                       I OAK GROVE SCHOOL                 E. ~                     PLANTATION HOUSE                  110~TREET
                               DIXIE CONTAINER                    2~DAVIS HWY.             VA. FARM BUREAU                     200 W. GRACE STREET                   I OAK GR~ADE             2200 INGRAM STREET                    ARTHUR A~            ~RD
                               GOODWII~              2~ROAD STREET                  GENERAL ASSEMBLY BLDG.              9~EET                    I GINTER PARK ANNEX                4011 MOSS SIDE AVENUE                 AMERICAN INKS                     I 11 AGENCY AVENUE
                               RICHMOND COCA-COLA                 1~ATH ROAD                  RICHMOND COLISEUM                   ~TS                   I NORR~               201 GRAN" ROAD                        RICHMOND BARREL CO.               ~ROAD
                               J~                 8~                    TUCKAHOE APT~       ~                     ~p.                      21~EET                   SMITH ~              2 MILES WEST OF 1~                      M~                       2~L~           ~                   ~N STREET                   IMARY ~ SCHI~11 WESTMORELAND STREET               WE~               3001 COFER ROAD
                               TIDEWATER MATERIALS                2100 DEEPWATER TER~         IMPERIAL PLAZA CORP.                1717 BELLEVUE AVENUE                  ~SCHOOL               1000 MOSBY ~pT                    SH~ELDERLY              2ND AND HOSPITAL STREETS
                               HOERN~F~    1500 JEFFERSON DAVIS HWY.             MONROE PRE~                  ~pWN STREET                 ~Y                 1211 S. ALLEN AVENUE                  TARM.~            1700 DEE~IINAL RD.
                               VC~                ~TREET                ~ND CO.                      700 E. MAIN STREET                    ~1pL~ ~pTH STREET                    UNIVERSAL LEAF TOBAC.             HA~TREETS
                               CONOCO, INC.                       2064 E. I~            MEDICAL ARTS B~     2ND AND FRANKLIN STREETS              JOHN MARSHALL HIGH                 4~OAD                       SHERMAN CONCRETE                  ~REET
                               UNION ENVELOPE                     1~D/HER~       CENTRAL ~           EAST BROAD ~          I ROBERT E. LEE EL~   3101 ~MN AVENUE                RICHMOND POWER ENT.               18~ERCE ROAD
                               ~ TOBACCO                      11~AVIS HWY.             CITY SAFETY BLDNG.                  N~                       ~H                 2~1pANE
                               MILLER MORTON, CO.                 2007 N. HAMILTON STREET               CITY JAIL                           1701 FA~ AVENUE                THOMAS JEFFERSON HIGH              4100 GRACE STREET
                               REYNOLDS M~              1601 SHERWOOD AVENUE                  CITY HALL                           ~D STREET                   CARY SCHOOL ANNEX                  700 BLANTON AVENUE
                               CHEVRON, U.S~            700 GOODES STREET                     THE MOSQUE                          LAUREL AND MAIN STREETS               ~2pL GREENE E~ 1745 CATA~                           TUCERSHARPE PEN CO.                ~ON DAVIS H~            CITY LIBRARY                        101~REET                 GRAVES MIDDLE SCH~ 119 W~                              S~LAND FOUNDRY                 2~ STREET                   HOME BENEFICIAL INS.                ~BROAD STREET                  GINTER PARK SCHOOL          -      ~1pERLAYNE AVENUE
                               INTER~OD CO.-               900 TERMINAL PLACE                    RIVER TOWER ASSOC.                  ~pSI~             ROBERT FULTON SCHOOL               1000 ~~                                                                                                                                                                                                                    ~1pXN TRN~                         SAMPSON COATINGS, INC.             1~                    SEABOARD C~                  ~D STREET                   ~LEM.                    3~                          UN~                THREE CHOP~ROADS               ~IN PRT~~REET                WILLIAM POX ELEM.                  2~E
                               R~~      1901 ELLEN ROAD                       H~E~               MAIN AND JEFFERSON ST~   CLARK SPRINGS ELE~ 1~
                               MASSY, W04DD & WEST                912 HERMITAGE ROAD                    PEATROSS ~                2511 N. LOMBARDY STREETS              CH]~E~   3000 E. MARSHALL STREET
                               SOUTHERN STATES                    IST AND HULL STREETS                  CROWN CENTRAL PETRO.                NIC~N AND MAIN STREE              FAIRFIELD COURT                    2510 P~T
                               TARMAC~                  HOPKINS ROAD                          CHARLES ZOPPA INC.                  22 S~                 ~DDLE ~        ~
                               P1~P MORRIS U.S.A.             1~REET                   BECKST~.               120~H STREET                   ~CH~  701 N~~                  MOORE KELLY TIRES                  2400 C~               PHILLIP MORRIS U.S~    3601 COMMERCE ROAD                    OLD C~                ~ALL STREET
                               EXXON U~              2~NUE                    S~UP~           1911 W. MAIN STREET                   CHANDLER ELE~      E~RK BLVD.
                               CONCRETE PEPE                      ~ STREET                    All NIN~                  ~ TERMINAL RD.           CARY ELEM~         3021 MAPLEWOOD AVENUE
                               SHOW CASE WOODWORK.                2823 E. MAIN STREET                   ~CO.                      ISM COMMERCE ROAD                     GEO. CARVER E~           I log W. LEIGH SCHOOL
                               CONCRETE PEPE                      2~pZAL AVE.                    LOW~                ~EET                  REA~         ~29 CHA~E
                               GREEN OIL CORP.                    i7~REET                  RICHMOND M~            ~W~~I~ BROAD ROCK E~         4~2pU~AN~                 RICHMOND TIRE                      IBM JEFFERSON DAVIS HWY.              CH~ED. CNT~101 JAHN~               BLACKWELL E~       1~TREET
                               JAMES RIVER CORP.                  TREDEGAR ST.                          ~                      4~DE PLAZA               ARMSTRONG HIGH                     1~pST STREET
                               UNION OIL OF CAL                   G~pOMME~          ~                   I I I I E. MAIN STREET                ~                  1701 F~                          SOUTHERN STATES                    ~~OAD                   RICHMOND EYE & EAR                  4~STREET                    GRACE ARENTS SCHOOL                600 ~1pS~                     AMOCO ~            COMMERCE R~                 'VIRGINIA UNION UNIV.               ISM N. LOM~           AMELIA SPEC. ED. SCHOOL            1~2pr~                         ~NTAL ~           To s. JEFFERSON STREET                CITY R~~     800 MARSHALL STREET                   HICKORY HILL SPEC. ED.             3000 BELT BOULEVARD
                               FIRST NArL BANK BL~   ~ STREET                    UNION T~2pIC~      ~D                       P~ENRY E~      ~MS AVENUE
 




                      !Chapter 6                                                             AIR QUALITY


                                                     Recommendations
                                                     A. Incorporate air quality considerations into existing and
                                                         future economic development plans and strategies.

                                                         I . Recognize and prepare for the potential impact of off-
                                                             sets on the economic base of the City of Richmond.

                                                         2.  Recognize the implications of business and
                                                             development restrictions applicable within
                                                             nonattainment areas, including:

                                                             ï¿½  Stage 11 vapor controls; and

                                                             ï¿½ Implementation of required IN programs which
                                                                impose additional cost and inconvenience to
                                                                residents and businesses with pool vehicles.

                                                     B. Incorporate air quality considerations into the overall
                                                         economic development program and planning efforts
                                                         including:

                                                         I . Recognition of the interrelationship between
                                                             improved mass transit systems, clean air, land use,
                                                             and economic development; and

                                                         2.  recognition of the interrelationship between air
                                                             quality and quality of life.

                                                     C.  Track nonattainment status and develop programs and
                                                         policies aimed at achieving attainment in conjunction
                                                         with state efforts.

                                                     D.  Monitor scientific data regarding alternative energy
                                                         sources as it is developed in pursuit of compliance with
                                                         Clean Air Act amendments by businesses located within
                                                         the City.

                                                     E.  Evaluate compliance of Department of Air Pollution
                                                         Control permit applicants with local ordinances,
                                                         including the impacts of proposed emissions.

                                                     F.  Monitor emergence of scientific data on air toxics and
                                                         other non-criteria pollutants as it is developed; and
                                                         implement land use policy as necessary to protect the
                                                         health, safety, and welfare of citizens.









                     DRAFT 2/21/92                                                                             6-23














                                                NOISE
                                                            I
                                                   Chapter 7





                           Chapter 7                                                                             NOISE


                           INTRODUCTION

                                                           Noise levels increase with city size and density. In urban
                                                           areas noise is generated by a variety of sources including
                                                           heavy traffic, airports, railroads, construction and demolition
                                                           projects, and industrial land uses. Noise has only recently
                                                           been recognized as an environmental problem affecting
                                                           people other than workers exposed to high noise levels on a
                                                           daily basis. Typically, noise has been treated as a public
                                                           nuisance by governmental regulations, making enforcement
                                                           difficult.

                                                           Noise is defined as intrusive, unwanted sound. Certain
                                                           noises bother or annoy people at different times, during
                                                           different circumstances. For instance, people are more likely
                                                           to experience annoyance from excessive noise during
                                                           evening hours, especially in residential areas. Noise is
                                                           measured in decibels. A soft whisper has a sound level of
                                                           30 decibels, ordinary conversation is 60 decibels, a shout is
                                                           80 decibels. Automobile traffic ranges from 50 to 90
                                                           decibels, a subway train from 90 to 100 decibels, and a jet
                                                           airplane at 2000 feet is about 120 decibels.

                                                           Noise has many adverse effects including hearing damage,
                                                           disruption of normal activity, and general annoyance. The
                                                           physical threshold for noise-induced pain is 120 to 140
                                                           decibels. Prolonged exposure to levels above 80 to 90
                                                           decibels can cause permanent hearing damage.

                                                           Sound generated by departing and approaching aircraft is
                                                           one of the most difficult urban noise problems. In an effort
                                                           to help control the problem of aircraft and airport noise, the
                                                           Federal Aviation Act was amended in 1968 to require the
                                                           Federal Aviation Administration to develop and enforce
                                                           noise standards for aircraft engines. As new engines have
                                                           been designed and placed into operation, the amount of noise
                                                           generated has decreased considerably. At the local level,
                                                           attempts at controlling aircraft and airport noise have
                                                           centered on regulating adjacent land uses. The policy of the
                                                           FAA, which has been upheld by the courts, is to leave to the
                                                           localities the responsibility for control of airport noise
                                                           through land use restrictions on incompatible uses, site
                                                           location, airport design, ground procedures, and restrictions
                                                           on airport use.


                           GOAL

                                                           ENSURE A SAFE AND HEALTHFUL ENVIRONMENT
                                                           THROUGH THE MODERATION OF UNREASONABLE
                                                           NOISE AND THE REDUCTION OF NOISE IMPACTS IN
                                                           THE CITY OF RICHMOND.




                           DRAFT 2/21/92                                                                                7-1





                     ChalIttr 7                                                                          NOISE


                     AIRCRAFT AND AIRPORT NOISE

                                                    OBJECTIVE
                                                    ENSURE THAT ALL NECESSARY STEPS ARE TAKEN
                                                    TO MITIGATE THE IMPACTS OF AIRPORT AND
                                                    AIRCRAFT NOISE ON RESIDENTIAL AND OTHER
                                                    NOISE SENSITIVE LAND USES IN THE CITY.

                                                    Airport noise is measured in contours of equal noise
                                                    exposure using the Day/Night Average Sound Level (Ldn)
                                                    noise metric. These measurements are cumulative and are
                                                    compiled over a 24-hour period. According to the FAA, an
                                                    Ldn of 65 to 75 is considered significant exposure and is
                                                    "non-nally unacceptable." An Ldn of 75 or higher is "clearly
                                                    unacceptable" as it is considered to be severe noise
                                                    exposure. In areas of severe exposure most land uses
                                                    including residential, service industries, and cultural
                                                    activities are not recommended. Most of the land uses in the
                                                    noise-sensitive areas adjacent to the Richmond International
                                                    Airport are industrial and agricultural. According to a 1981
                                                    study of existing and future off-airport noise impacts, 4,340
                                                    housing units were found to be within the 65 Ldn contour.
                                                    All of these homes are in Henrico County. The 65 Ldn
                                                    contour of Richmond International Airport does not reach
                                                    into the City of Richmond (see figure

                                                    According to a study completed in 1981, roughly 145,000
                                                    arrivals and departures occur each year at Richmond
                                                    International Airport.     These arrivals and departures
                                                    primarily use Runways 2, 16, 20 and 34, with Runways 2
                                                    and 34 being the runways which most directly impact City
                                                    residents.

                                                    Noise Abatement Procedures have been developed by the
                                                    FAA Richmond Tower in an effort to lessen the impact of
                                                    airport operations. These procedures are followed at the
                                                    aircraft pilot's option.   Pilot runway requests that are
                                                    contrary to abatement procedures are honored, although such
                                                    requests are discouraged. The Noise Abatement Procedures
                                                    include:

                                                        MUlti-engine and jet aircraft shall not be cleared to make
                                                        practice instrument approaches to runway 20.

                                                        Multi-engine and jet aircraft shall not be cleared to make
                                                        practice landings on runways 2 and 20.

                                                        Practice "circling" approaches that will result in flight
                                                        over "noise sensitive" areas shall not be authorized.

                                                        All arriving multi-engine and jet aircraft should maintain
                                                        an altitude of 1,500 feet above terrain as long as
                                                        possible.



                     DRAFT 2/21/92                                                                              7-2









                                                                                                                                                                                                                                                                 ROIIN
                                                                                                                                                                                                                                                                 r-,,                                  1                                 17
                                                                                              TRAt                                                                                                         3          4-                                   :-.   :,  .                               --
                                                                                                 Is                                                                                                                               'nwtGAi m,
                                                                                                                                      j0IlN                                                                                               I
                                                                                                                                                                                                                                                                                                                                    1(o
                                                                                                                                  CAftill IS                                         coll-I
                                                                                                                                                                                                                               R
                                                                                                                                                                                  Fit 1t Ar I I. I, ! .,
                                                                                                          ul                                                                                                                                                     33                                                             15

                                                                                                                                                                                                                                         Pp:
                                                                                                        GREENWGGD
                                                                                                                                                                                                                                                                                             H I G H I A N D
                                                                                                                                                               j iI ilu                                                                                                                        SPRINGS
                                                                                                                                                                  APTS
                                                                                                                                                                                                                                                               33


                                                                                                                                                                                                                                            ID
                                                                                33
                                                                                                              (,h.                                                                                            v-1111 n-
                                                                                                                A,                                                         HECHLER
                                                                                                                                                                            't-u
                                                                                                                                                        ALI

                                                                                                                                                                                                                                                                                                                              ill.sc 5.,
                                        'It      ill 1.
                                                                                                                                                                                                                                                                                                                                                        6,


                                                                                                                                                                  'filt  1111L                                                                                                                                                                                           IGIF SI
                                                                                                                                                                                                                         INT-EpSTA7,E
                                                                                                                                                                                                                                                                                                                      IR
                                           RICHMOND-

                                                                                                                                                                            14CIIIA        -g-,
                                                                                                                                                                                            -  It p c,
                                                                                                                    'Itirl IIII-L-1
                                                                                                                      fsl                                                                                                                                                                                      @NDSym
                                        o


                                                                                                                                                     L


                                                                      In
                                                                                                                                                                                                                             s'.
                                                                                                                                                                                                                         ri



                                                                                                                                                        LILB@4T
                                                                                                                                                         Alf    I      'l -1
                                                                                        M@N!T'ROSE                                                                                                                                            r
                                                                                                                                                              WIL-LIAM2>                URG                                                             . ......
                                                                                          HEIGHTS,
                                                                                                                                                                                                                                      IzT.    (00
                                                                      it


                                                                                                                                                                                                                             q
                                                                                                                                                                                                           N@,      rtn@
                                                                                                                                                                                            "!C11"OND
                                                                                                                                                                                                                                                                                                                                                                                              co



                                                                                                                                                                                                                                                                                                                                                   1D L-1


                                                                                                        '@,l IARL
                                                                                                                                                                                                                                                                                                  F"CHMOND

                                                                                                                                                                                                                                                                                                  ATIONAL AIF?POgr



                                                                          10

                                                                                                                t
                                                                                                                                                                                                                                                                                                                                                   34


                                                                                                        1AKWAI
                                                                                                        r.-ANUR.
                                                                                                                                                                                                                                                                       23,
                                                                                                                          (1, 11 A-
                                                                                                        10
                                                                       In r, S                          NoliTI,                                                                                                                                                29

                                                                                                                                                                                                                                                          AI I
            LQ TS
                 NOTE: NUMBERS EQUAL PERCENTAGE OF                                                                                                                                                       EXISTING ARRIVAL FLIGHT TRACKS
                                             FLIGHTS WHICH ARRIVE ON EACH
                                           RUNWAY PER YEAR                                                                                                                                           RICHMOND INTERNATIONAL AIRPORT
                                                                                                                                                                                                                                                                                  1981 DATA FIGURE








                                                                                                                                               'm [A ... c
                                                                                     Ml AUU,, N                               PAI@,
                                                                                                                       5
                                            11111AI
                                                                                        2                      nu-IcAi OW                                       iro
                                                                                                         I-- P'4
                                                                 'o"N
                                                                JAP'LH                                                           low "'r"AlF
                                                               CMANS                    MIN I Il,
                                                                                                             Ro 14D
                                                                                                                              33
                                                           1.3
                                                                                                                                            HIGHLAN
                                                                              )A
                                                                               @a rT                                                        SPRINGS
                                                                               APTS


                                        c-I
                                                 E.h 45
                                                                                                       VALF



                                                       A,,                          HECKER


                                                              tl-- ID                                                                                     Al AWN
                                                                                                                                                            @Ousrs
                                      0-11                                    f                                                                                                      19
                                                                                  Ad-,

                                                                                lix I'll
                                                                                                                                                                        ,A
                     RICHNIOND.."
                                                              Gd
                               S.
                                                                                                <
                                                                                     IRGINIA                                          4                              64
                                                                                     LiANUR
                                                         kINCS HILL
                   a                                     WE s I

                                                                      FAII,
                                                                                          A-                                                                                 13

                                                                                                                         'IL ".1
                       I @l T ON
                                                                                                                                                                                t

                                                                          WILLI
                                                                                                                                                                                     3 1
                                                                      [S-,GAKAN@                                        .. ....
                                          @M (3'N TR 0 S E
                                  I u L rb  HEIGHTS,.                          WILLIAM5   URG   RCpp
                                  1110                                                                           IZT- (00       "7-

                                               T
                                                                                            MCH!l ON Ll p"
                                                                                                                                                                                      Z5

                0

                                                                                                                                              RICHMOND

                                                                                                                                               A'nON4 ALIRPORT
                                         . . . . . . . . . .



                                        0 1 1 A 1; 1   t                                                                                                              34
              31                                  OAK
                                                  r.1, A N 0 R
                                                                                                 V


        WTS
        NOTF         NUMBERS EQUAL PERCENTAGE OF                                                EXISTING DEPARTURE FLIGHT TRACKS
        V iGHTS WHICH ARRIVE ON EACH
        R@UNWAY PER YEAR                                                                      --RICHMOND INTERNATIONAL AIRPORT
                                                                                                                                 1981 DATA                             FIGURE








                                                                                                                                            ,I. A-,                                                                                     I TtRPACE
                                                                                                                                                                                                                                       'u-ousis

                                                                      Ctr-Ak
                                                                                                                                                                                    'I Al ON
                                                                                                                             a                                                    311 c!"
                                                                                                                                                                                                                                                                                       jL R

                                                                                                                                                                                                                  111-ck
                                                                                                                                                                                 9-4 v
                                                                                   cl A
                                                                                                                                                                                                         33


                                                                                                                                                                                                                                HIGHLAND
                                                                                                                              Al 15                                                                                               SPRI14GS


                                                                                                                                                                     ti "i
                                                                                 Ed @5     - 4    0                   1, - .-  -
                                                                                                        c.
                                                               33                                 S   I s                                                                        @ON Y
                                                                                                     1,11 u"I
                                                                                                                                                                 wINfIr! D,
                                                                                                                                      HECIILILR




                                                                                                                             -j@p fA

                                                                                                                                F@)X HILL                                                                                                                                                   loll's,
                                                                                                                                                                             T-E
                                 RICHMOND,-                                                                                                                                                                                                       F

                                                                                                                                                                                                                    1. 4
                                                                                                                                      LIA  .QR      pk
                                                                                           KINGS MILL
                                                                                            FSf
                                                                                                                                                                                                                                                  DS  ON,


                                                                                                                                            I-N @At I
                                                                                                                GARX r@SL

                                                                                                                                                                 Illl@ I W
                                     I -j@ I uN



                                                                  j        rROSE                                                                                                                                                                                                                 33,
                                                                    MON
                                                      Ful 'bt.        HEIGHTS.                                              Al I LL IAM 5      IJ RG
                                                                                                                                                                                          (oo






                                                                                                                                                                             !TI


                                                                                                                                                                                                                                     RICHMOND
                                                  0.  ,
                                                                                                                                                                                                                                    ATIONAL AIRPORT




                                                                  I AND;         p"
                                                                   AiA
                                           -A
                                           7K                                    @,AKWAY
                                                                                 ANCR.

                                                                                                   A'"
                                                      Ill rON   i                                                                                                                                                         --
                                                      fl-115      ., ..                         pl.)"        .  I L @. @ 1'@                                                                                1. ..
                                                                                 Nol
                                             01                                  J.u @o
                                                                                                                                                                                                   AlI
           Mrs
            1981                    DATA                                                                   EXISTING LON NOISE ANALYSIS
                                                                                  @ fr'@C Aj








                                                                                                                CIVIL. ACTIVITY ONLY'
                                                                                        RICHMOND. INTERNATIONAL AIRPORT                                                                                                                                                        FIGUR              E








                                                                                                                                                                    1.111.0i I IT I: I 1                                                                                                                                                       1/10       j
                                                                                                                                                                                                                                                                                        I TERRACE
                                                                                                                                                                                                                                                                                                  tS
                                                                                                                                                                                                                                                         13
                                                                                                                                                                                                                                                     p                                'OwNmous
                                                                                                                                                                        MEAUU!',                                                .......                 ARK@
                                                                                         CI III RAI

                                                                                                                                                           0
                                                                                                                                 JOHN
                                                                                                                                ROL 14S                                      iu
                                                                                                                                                                                                                                                               Tri;@@ACF
                                                                                                                                                                                                  ..........             ........                Ik
                                                                                                                                )ASI [It                                                                                                                    "'ItfuARME
                                                                                                                                                                            C                                                                                                                                             ::7:77:7. 1
                                                                                                                                                                                                                                  ..........
                                                                                                                                                                                                                                              :-X
                                                                                                                                                                                                                                                                                                                             ....... .........      /
                                                                                                                                                                                                                                                                                            A ..........
                                                                                                                                                                                            @A)
                                                                                                                                                                                                                                                                                                   ...................
                                                                                                      GREENWOOD
                                                                                                                                                           JARRE It         SI.,
                                                                                                                                                           APTS
                                                                                                                                                                                                                                                                                                    . . . . . . . .         . . . .
                                                                                                                                                                                                                                                                                           X
                                                                                    P,
                                                              .-T    1.      1      ,q
                                                                                                                                                                                                                                                                                          . . . . . . . . . .                                    t-MRS'       @P
                                                                                                  EA 45


                                                                                                                                                                                                                                             ... .......               f                                               -A-K
                                                                                                                         A 11110 u",
                                                                                                                                A2r.    -br6
                                                                                                                                                                                                                                                    .. . . . . . . . . .
                                                                                                                                                                    HECKER
                                                                                                                                                                    "LlilU                                                                                       7."tNOR
                                                                                                                                                1,AGL

                                                                                                                                                                                                                                                                                                        TOVINHOUS



                                                                                                                                                                                                                                                                                                                                                       101,fST
                                                                                                                                                           'J"O t Al.
                                                                                                                                                                                                                                                            91
                         I: N                                                                                                                                                                                                                                                                                                X
                                                                                                                                                              FJX HILL
                                                                                                                                                                                                                   7
                                                                                                                                                                                                                         RS rA
                                                                                                                                                                                                                              TA
                                                                                                                                                                                                                                                                                                                                      Wul"'t
                                            AICHMOND,-@t:                                                                                                                                                                                                                                            A
                                                                                                                           6XII
                                                                                                                                                                                                                                                                     4
                                                                                                                                                                                         E"



                                                                                                                 XINGS HILL-
                                                                                                                                                                    MA11.             P@

                                                                                                                 WEST
                                                                                                                                                                                                                              v-S
                                                                                                                                                                                                                                V
                                                                                                                                                                                                                                                                                                                                               33"
                                                                                                                                          CASI                                                     (o)
                                                                                                                                                                          LAMI..


                                       0 4@,         ON
                                                                                                                                                                                                                                                                                                                                            :7
                                                                                                                                                                                                                                                                                                                                                             7,73,
                                                                                    M
                                                                                                                   I-   o                  ls@G       RUE, s
                                                                                    AX   0,NTROSE
                                                                                            G  HTS,
                                                                                                                                                           W I t-L [I'M         UKG
                                                                                                                                                                                                                              KI-

                                                                                                                                                                                                                                                         .5
                                                                                              IF





                                                                                                         N'
                                                                                                      f ifit                                                                                                                                                                         RiCHMOND
                                                                                                      LAW
                                                                (14
                                                                                                                                                                                                                                                                                     KnaNAL APPowu





                                                                                    1) 1. 1 A140             t
                                                                                    111AG
                                                                                    %OJ5L i'
                                                        -13
                                                              OA-avo                                  0A
                                                                                                      AKWAY
                                                                                                      r.1 NOR..
                                                                                                                                                                                                                                                                                                                          V..
                                                                             N                                             AID -       6                      j
                                                                                                      FO)'fil"to           GL
                                                                    F@7A                                                                                                                                                      f
                                                                                                      NORTH

                                                                             y                                                           MIDI,[
                     _T'S
                  1981                        DATA                                                                                            EXISTING LDN NOISE AlYALYSIS
                                                                                                      ADDED INFLUENCE OF MILITARY ACTIVITY
                                                                                                                           RICHMOND INTERNATIONAL AIRPORT                                                                                                                                                                          FIGURE





                        Chapter 7                                                                                NOISE


                                                              Pilots of jets and multi-engine aircraft shall be requested
                                                              to use runways other than 2 and 20 during the hours of
                                                              11:00 p.m. to 7:00 a.m. and Sunday from 10:00 a.m. to
                                                              12:00 p.m.

                                                         In addition to these procedures, the Richmond Tower has
                                                         developed a program for separation of aircraft so that
                                                         particularly loud aircraft are kept as high as possible before
                                                         clearance to land is given.

                                                         As of September 1991, the Secretary of Transportation had
                                                         unveiled plans which would ground the noisiest planes
                                                         currently flying. Aviation insiders categorize planes into
                                                         three stages or types: "Stage I" aircraft are so loud that they
                                                         have already been grounded and taken out of service; "Stage
                                                         11" aircraft are the loudest currently flying planes; and "Stage
                                                         111" aircraft are the quietest and would be allowed to operate
                                                         under the Secretary's plan.

                                                         Four of the nine largest commercial airlines in business
                                                         today service Richmond International Airport. These
                                                         airlines, the percentage of their fleet that is Stage 11 or
                                                         11 noisy," and their rank in order of noisy planes include:

                                                         AIRLINE              % STAGE 11                 RANK
                                                         Delta                    (47.4%)                 (4th)
                                                         United                   (45.0%)                 (5th)
                                                         USAir                    (42.4%)                 (6th)
                                                         American                 (27.8%)                 (9th)

                                                         As a member of the Capitol Region Airport Commission, the
                                                         City has the responsibility of representing the views of the
                                                         City on issues over which the Commission has control.
                                                         Since the airport is located in Henrico County, the City can
                                                         not exercise zoning or land use control over the land adjacent
                                                         to it.


                                                         Recommendations
                                                         A.   Maintain a strong presence on the Capital Region Airport
                                                              Commission to influence airport planning and decision
                                                              making which may have an impact on the City of
                                                              Richmond.

                                                         B.   Participate in the review of existing and development of
                                                              proposed new flight paths to ensure that impacts on
                                                              sensitive land uses within the City are minimized.

                                                         C.   Ensure that future airport expansion plans consider noise
                                                              impacts on sensitive land uses within the City of
                                                              Richmond.





                       DRAFT 2/21/92                                                                                    7-3





                       Chapter 7                                                                             NOISE


                                                       D. Strongly encourage the use of the Noise Abatement
                                                           Procedures which are only informally enforced by the
                                                           FAA Richmond Tower. Take measures to see that they
                                                           become mandatory except in emergency or adverse
                                                           conditions.


                      HIGHWAY AND TRANSPORTATION NOISE

                                                       OBJECTIVE
                                                       ENSURE THAT ALL NECESSARY STEPS ARE TAKEN
                                                       TO MITIGATE THE IMPACTS OF HIGHWAY AND
                                                       TRANSPORTATION RELATED NOISE ON
                                                       RESIDENTIAL AND OTHER NOISE SENSITIVE LAND
                                                       USES IN THE CITY.

                                                       Highway Noise
                                                       Highway noise is created by the engines, exhaust systems,
                                                       and tires of trucks and automobiles. The volume of traffic,
                                                       the speed of traffic, and the number of trucks determine the
                                                       level of highway noise generated. Noise levels can be
                                                       increased by defective equipment and can also be affected by
                                                       distance, terrain, vegetation, and natural and man-made
                                                       obstacles.

                                                       The Federal Highway Administration (FHA) has established
                                                       noise impact criteria for land uses located in close proximity
                                                       to highways. The noise impact criteria are as follows:

                                                       ï¿½   The projected noise levels must reach or exceed a sound
                                                           level of 67 decibels at its peak hour; and

                                                       ï¿½   a project must create a substantial (defined as ten decibels
                                                           or more) increase in the noise level.

                                                       Some of the noise sensitive activities with which the FHA is
                                                       most concerned include residences, churches, schools,
                                                       parks, hotels/motels, auditoriums and public meeting rooms,
                                                       hospitals, picnic areas, and undeveloped lands. All of the
                                                       noise sensitive activities identified by the FHA are found
                                                       adjacent to major highways within the City of Richmond.

                                                       The FHA requires that the Virginia Department of
                                                       Transportation (VDOT) assess noise impacts for any
                                                       highway project which involves the use of federal funds. If
                                                       noise impactsare likely to occur, VDOT must evaluate noise
                                                       abatement measures aimed at reducing or eliminating these
                                                       impacts. If appropriate noise abatement measures are found
                                                       to be reasonable and economically feasible they are included
                                                       as part of the highway project. Noise abatement measures
                                                       include:

                                                           traffic management to restrict either the speed or types of
                                                           vehicles pen-nitted on the highway;



                      DRAFT 2/21/92                                                                                 7-4





                      Chapter 7                                                                           NOISE



                                                      0  alignment or route alteration (which applies to new
                                                         highway construction only);

                                                      0  the construction of buffer zones between sensitive land
                                                         uses and highways; and

                                                      0  the construction of noise barriers.

                                                      Noise barriers, either earthen berms or walls, are the primary
                                                      abatement measure used in Virginia. Noise barriers are solid
                                                      obstructions built between highways and sensitive land uses,
                                                      and can reduce noise levels between 10 and 15 decibels.
                                                      Made of wood, concrete, earth, metal, or some combination
                                                      of materials, barriers are used to deflect the noise away from
                                                      sensitive areas. For a barrier to work it must be high enough
                                                      and long enough to block the view of a road. Any openings
                                                      in noise barriers destroy their effectiveness. Absorptive
                                                      barriers, which are used to trap the sound waves and totally
                                                      eliminate noise, are now being developed and installed on an
                                                      experimental basis in Virginia.

                                                      Recently, Virginia developed its own noise abatement policy
                                                      as a result of the construction of the Chippenham-Parham
                                                      connector and the Powhite extension. Virginia's policy
                                                      applies to any highway construction project within the
                                                      Commonwealth. For those projects not funded by federal
                                                      funds, two conditions must be met in order to qualify for
                                                      noise abatement planning and cost-shafing assistance:

                                                      I .The jurisdiction in which the the project is located must
                                                         agree to pay for 50% of the cost of the noise abatement;
                                                         and

                                                      2. the jurisdiction must have a noise ordinance in place
                                                         which requires developers to provide noise abatement for
                                                         any development adjacent to an existing highway or
                                                         corridor.

                                                      The City of Richmond, both individually and as part of the
                                                      Metropolitan Transportation Planning Organization (MI110),
                                                      is responsible for working with VDOT to plan for highway
                                                      systems within the City and region. The following are the
                                                      existing number of vehicles traveling existing major
                                                      highways (see figure










                     DRAFT 2/21/92                                                                               7-5












                                                                                                                           lb
                                                                                                                                  cl

                                                                  PATTERSON



                                                                                                                                   rn













                                                              s  H/LL

















                                                                                                             VV

          CITY OF RICHMOND MAIN THROUGHFARES                                                                                           LOA
                                                                                                                                       0





                          Chapter 7                                                                            NOISE


                          Highway/Location                            Count Date          Average Traffic Counts VPD
                          1-95                                           1990                  68,420 vehicles per day
                              (Route I to Parham Rd)
                          1-64                                           1990                               88,250 vpd
                              (1-95 to the eastern City limits)
                          Powhite Parkway                                1991                               23,485 vpd
                              (1-95 @ 195 to Route 146)
                          Chippenharn Parkway                            1991                               54,806 vpd
                              (Midlothian Tpke to Janke Rd.)
                          Downtown Expressway                            1991
                              (under the 4th St. bridge)                                                    36,492 vpd
                              (west of Route 161)                                                           42,744 vpd
                          Huguenot Road                                  1991
                              (James River Bridge to Kanawha Dr.)                                           27,172 vpd
                              (Cherokee Rd. to Chippenham Pkwy.)                                            21,279 vpd

                                                         Although the volume of traffic along the major highways in
                                                         the City is predicted to increase, there are measures which
                                                         can be taken to reduce or control highway noise. Quieter
                                                         cars, achieved through better motor vehicle design, can
                                                         reduce highway noise. Design initiatives for quieter cars can
                                                         include fans that turn off when not needed, improved
                                                         mufflers, and enclosures for engines. Also, the EPA has
                                                         placed a limit on the noise levels new trucks can emit, and
                                                         state and local governments can enact regulations which
                                                         require existing vehicles to be properly maintained and
                                                         operated.

                                                         Land use controls can also be implemented which reduce the
                                                         level of highway noise. For example, ordinances can be
                                                         adopted which require the following: reasonable distances
                                                         between buildings and roads; establishment of buffer zones;
                                                         planting of vegetation; "soundproofing" or installation of
                                                         other abatement measures within new buildings; construction
                                                         of noise barriers to protect noise sensitive land uses; and
                                                         placement of commercial or industrial rather than residential
                                                         land uses adjacent to highways and major arteries.

                                                         Traffic control measures can sometimes reduce noise
                                                         problems. Trucks can be prohibited from certain streets and
                                                         roads, or restricted to daylight hours. Traffic lights can be
                                                         changed to smooth traffic flow through the city and eliminate
                                                         the need for frequent stops and starts. Finally, speed limits
                                                         can be reduced, although a 20 mile per hour reduction is
                                                         necessary for a noticeable decrease in noise levels.

                                                         In the City of Richmond through trucks over 7,500 pounds
                                                         gross weight are prohibited from 45 locations (unless they
                                                         were making a delivery to a specific address) by traffic
                                                         order. In addition, twin tractor trailors are restricted to
                                                         travelling on designated streets within the City limits.





                          DRAFT 2/21/92                                                                              7-6





                       Chapter 7                                                                              NOISE


                                                       Railroad Noise
                                                       Railroad noise is similar to highway noise in that it is linear
                                                       and confined to a specific corridor along each rail line. At a
                                                       distance of 50 feet, a passing train produces a sound level of
                                                       roughly 75 decibels. There are two differences between
                                                       railway noise and highway noise. First, trains are required
                                                       by the Code of Virginia to use air horns at crossings to wam
                                                       motorists and pedestrians of their approach. This creates
                                                       short bursts of noise that are more irritating than a
                                                       continuous noise. Secondly, train traffic is much more
                                                       intermittent than highway traffic, as a result one notices the
                                                       noise more readily.

                                                       Three rail systems have tracks which go through the City of
                                                       Richmond:       Richmond, Fredericksburg, & Potomac
                                                       Railroad (RF&P), Southern Railway, and Chesapeake and
                                                       Ohio Railroad (C&O) (see figure           ). According to the
                                                       Railway and Public Transportation Division of the Virginia
                                                       Department of Transportation there are 197 at-grade
                                                       crossings within the City and an average of 92 trains per day
                                                       travelling through the City. Since each train is required to
                                                       sound their horns at each crossing this results in a significant
                                                       noise impact.

                                                       Another element of railway operation that creates a noise
                                                       impacts are switching and loading yards. There are two
                                                       areas of the City in which these types of operations take
                                                       place: the RUP railyard in the northwest section of the
                                                       City, and along the southern bank of the James River,
                                                       adjacent to James River Park. In these areas the background
                                                       rumble of engines and cars is accompanied by the screeching
                                                       of wheels and brakes as the trains are assembled.

                                                       The EPA is authorized to set noise emission standards for
                                                       the operation of equipment and facilities which engage in
                                                       interstate commerce. Any such control strategy must reflect
                                                       the degree of noise reduction which can be achieved through
                                                       the application of the "best available control technology." In
                                                       other words, the acceptability of the proposed standard is
                                                       determined using a cost-benefit approach. After a standard
                                                       is established by the federal government, no state or local
                                                       noise control ordinance may be adopted unless the
                                                       Administrator of EPA and the Secretary of Transportation
                                                       determine that there are special local conditions which
                                                       warrant Such an action and the proposed local regulations do
                                                       not conflict with any national noise emission standards.
                                                       According to the engineering department of the RF&P,
                                                       railroads do not take noise impacts into consideration in
                                                       determining the placement of tracks or facilities. Rail
                                                       systems will conduct noise impact studies if a complaint is
                                                       lodged by a resident; however, there are few techniques
                                                       which can be used to lessen noise effects.




                      DRAFT 2/21/92                                                                                 7-7

















                                                                                  ...............
                                                               CSX RAILROAD---




                                                                                               C.
                                                  ..........
                             C & 0 RAILROAD''

                                           S
                                       E:
                               A             ..... .







                                                         xm:
                                                                               V@:
                                                                                   E
                                                                        R.
                                    SOUTHERN RAILROAD.                                     SOUT



                              SEABOARD COASTLINE RAILROAD

                                                                                            C&(

                  FEB. 1992

                      LEGEND                                           ....... ...........

                    RAILWAY LINES




                                                                                w.  EABOARD CO



                                                                                 N T S:.:

                                                     RAILWAYS THROUGH THE CITY OF RI





                      Chapter 7                                                                            NOISE


                                                      Railyards are not specifically covered in the City's zoning
                                                      ordinance; however, the existing railyards are zoned M-1
                                                      light industrial. In the M- I district, noise which is not any
                                                      more offensive than that created by other permitted industrial
                                                      uses is tolerated.

                                                      Recommendations
                                                      A.  Ensure that impacts on sensitive land uses within the
                                                          City are minimized through participation in the process
                                                          for development of new highways.

                                                      B.  Adopt a highway noise ordinance consistent with the
                                                          Virginia Noise Abatement Policy, requiring developers
                                                          to provide noise abatement for any development adjacent
                                                          to an existing highway or corridor.
                                                          1.  This will qualify the City for cost-shahng with the
                                                              state for construction and maintenance of noise
                                                              abatement measures on non-federally funded
                                                              highway projects.

                                                              Incorporate 50% of the cost of noise abatement
                                                              projects into the capital budget, placing the highest
                                                              priority on'those projects affecting the most sensitive
                                                              land uses.

                                                      C.  Evaluate the need for locally implemented noise
                                                          abatement measures for projects not eligible for cost-
                                                          sharing and for existing roadways where noise is a
                                                          problem.

                                                      D.  Develop a plan for truck routing within the City of
                                                          Richmond to provide maximum protection of sensitive
                                                          land uses, particularly residential areas.

                                                          1.  Identify and designate appropriate truck routes
                                                              between industrial and commercial areas and
                                                              interstate access points which minimize impacts on
                                                              sensitive land uses.

                                                          2.  Coordinate traffic orders which prohibit through
                                                              trucks from travelling on certain City streets and
                                                              regulations which permit twin tractor trailers to
                                                              operate oil specific City roads.

                                                          3. Continue to work with VDOT in truck route planning
                                                              and revision of existing truck routes.

                                                      E.  Study the relationship between the use of alternative
                                                          fuels and highway noise.

                                                      F.  Incorporate regulations which deal with mobile sources
                                                          of noise Such as loud music and ineffective mufflers.



                      DRAFT 2/21/92                                                                               7-8





                     Chapter 7                                                                       NOISE


                     NEIGHBORHOOD NOISE

                                                   OBJECTIVE
                                                   PROMOTE ACTIVITES WHICH MINIMIZE NOISE
                                                   LEVELS IN RESIDENTIAL NEIGHBORHOODS.

                                                   Neighborhood noise comes from many sources including
                                                   vehicles, parties, crowds of people, loud. music,
                                                   maintenance and repair work, barking dogs, and delivery
                                                   trucks. Any of these sources can be disruptive and annoying
                                                   to residents. The City of Richmond has a noise ordinance
                                                   which regulates loud, disturbing, and unnecessary noises
                                                   such as horns and other signal devices, radios, the keeping
                                                   of animals or birds, operation of vehicles, and the use of
                                                   drums and loudspeakers, among other things.

                                                   Recommendations
                                                   A. Continue to rigorously enforce the existing noise
                                                      ordinance.

                                                      1. Consider an amendment to the existing           noise
                                                          ordinance requiring buses to turn off engines  when
                                                          idling in residential neighborhoods.

                                                      2. Continue to provide police response to          noise
                                                          complaints.

                                                   B. Amend the existing land use ordinances to require noise
                                                      sensitive site design in the development review process.

                                                   C. Develop a public education program to inform citizens of
                                                      the enforcement tools available to them.

























                    DRAFT 2/21/92                                                                           7-9
















                      GENERAL ISSUES
                                                   Chapter 8





                      Chapter 8                                                         GENERAL ISSUES


                      INTRODUCTION
                                                      Environmental    ssues are closely interrelated; however, an
                                                      attempt has been made in the preceding chapters to focus
                                                      recommend a tion s primarily upon the issues within each
                                                      chapter. In the process of developing this environmental
                                                      element several objectives were identified which are broad in
                                                      scope and apply to all, or at least more than one, of the other
                                                      issues. Regulatory coordination, environmental review, and
                                                      public education are all broad areas of concern which apply
                                                      to all environmental issues.


                      REGULATORY COORDINATION

                                                      OBJECTIVE
                                                      COORDINATE THE                    CITY'S         EXISTING
                                                      ENVIRONMENTAL PROGRAMS AND RESPONSE TO
                                                      FUTURE REGULATORY REQUIREMENTS THROUGH
                                                      A CENTRALIZED MECHANISM.

                                                      The interrelationship of environmental issues has long been
                                                      recognized; however, within the City administration, many
                                                      different agencies are responsible for compliance with
                                                      Federal and State mandates. Their work includes monitoring
                                                      existing and pending legislation; and developing,
                                                      implementing, and administering programs which respond to
                                                      ma n da t e s. During the process of developing this
                                                      environmental element it has become apparent that a need
                                                      exists for additional coordination between agencies in order
                                                      to increase both the efficiency of the City's response to
                                                      developments in the environmental field, and the
                                                      effectiveness with which resources are utilized.

                                                      Other Lirban areas have dealt with this situation by creating
                                                      departments of environmental affairs, or environmental
                                                      management. SUch departments act as oversight agencies,
                                                      responsible for monitoring pending legislation, technological
                                                      advancements, efforts being made in similar jurisdictions,
                                                      and coordinating compliance with mandates. In this manner,
                                                      the operating responsibility remains with public works,
                                                      public Utilities, etc.

                                                      Alternatives which may be appropriate for the City of
                                                      Richmond inclLide the hiring of one individual who resides
                                                      in the City Manager's office, development of a committee of
                                                      environmental experts within each existing department or
                                                      agency, or creation of a separate division of environmental
                                                      affairs.

                                                      The City of Richmond enjoys a great deal of technical
                                                      expertise on certain environmental issues; however, this
                                                      expertise is not formally cooi-dinated and thus is not readily
                                                      available to auencies in need of it. In other areas, the City



                      DRAFT 2/21/92                                                                                8-1





                       Chapter 8                                                          GENERAL ISSUES


                                                       has limited expertise and is reliant upon the State for
                                                       guidance. This is most apparent in the area of air quality.

                                                       Until 1985 the City maintained a department of air pollution
                                                       control, an effort which was discontinued when it was
                                                       determined that the State's efforts were adequate to protect
                                                       the quality of air within the City. That agency was primarily
                                                       responsible for the monitoring of air quality, duplicating a
                                                       service already being performed by the State. Since that time
                                                       the City has been content with relying on the State for air
                                                       quality control; however, within the past two years, there
                                                       has been a growing understanding on the part of City staff as
                                                       to the impact of air quality on issues such as land use,
                                                       economic development, and public health and welfare. The
                                                       State's charge is to monitor air quality; the City is on its own
                                                       regarding these other issues and has become increasingly
                                                       concerned. One of the recommendations of this section is
                                                       that this situation be monitored, and a department of air
                                                       Pollution control be reestablished if warranted.

                                                       It is recommended that other urban jurisdictions be consulted
                                                       regarding their coordination of environmental regulatory
                                                       issues, and that a means of regulatory coordination
                                                       appropriate for the City of Richmond be developed.

                                                       Recommendations
                                                       A. Create a mechanism for the coordination of a City-wide
                                                           approach to environmental issues responsible for the
                                                           following:

                                                           I . Monitorin,- the development of environmental
                                                               legislation,

                                                           2.  monitoring the development of technological
                                                                          L_
                                                               advancements nation-wide which are applicable to
                                                               the Urban environment,

                                                           3.  C011111111111Cating with other urban jurisdictions
                                                               regarding compliance with mandates;

                                                           4.  communicating mandates affecting the City to
                                                               appropriate operating agencies; and

                                                           5.  coordination of compliance efforts within each
                                                               agency.

                                                       B. Examine/evaiLlate existing programs to determine if they
                                                           are achieving City goals, and Federal and State
                                                           mandates.








                      DRAFT 2/21/92                                                                                  8-2





                        Chapter 8                                                               GENERAL ISSUES


                                                           C.  Implement a water quality program for the City which
                                                               coordinates the requirements of the City's CBPA,
                                                               NPDES, crosion and sediment control, and floodplain
                                                               management programs to provide ease of administration
                                                               for City staff and compliance for the public.

                                                           D.  Comply with all Federal and State environmental
                                                               mandates in a timely manner and through the
                                                               development of local ordinances consistent with other
                                                               City programs.

                                                           E.  Support legislation which requires the simplification and
                                                               coordination of water quality control agencies at the
                                                               Federal and State level

                                                           F.  Monitor the effectiveness of the State's ability to
                                                               adequately protect the quality of air within the context of
                                                               the City's concerns about land use, economic
                                                               development, and public health and welfare.

                                                               I . Evaluate compliance of Department of Air Pollution
                                                                   Control permit applicants with local ordinances,
                                                                   including the impacts of proposed emissions.

                                                               2.  Track nonattainnient Status Linder the Clean Air Act
                                                                   and develop programs and policies aimed at
                                                                   achieving attainment in conjunction with state efforts.

                                                               3.  Monitor emergence of scientific data on air toxics and
                                                                   other non-criteria Pollutants as it is developed; and
                                                                   implement land use policy as necessary to protect the
                                                                   health, safety, and welfare of citizens.

                                                               4.  Monitor scientific data regarding alternative energy
                                                                   sources as it is developed in pursuit of compliance
                                                                   With Clean Air Act amendments by businesses
                                                                   located within the City.

                                                           G. Consider reestablishing -.I City department of air         llution
                                                                                        Z--                          PO
                                                               management If it becomes apparent that the State is not
                                                               adequately representing the City's concerns regarding air
                                                               quality.













                        DRAFT 2/21/92                                                                                        8-3





                      Chapter 8                                              -GENERAL ISSUES


                      ENVIRONMENTAL REVIEW PROGRAM

                                                    OBJECTIVE
                                                    DEVELOP A CENTRALIZED REVIEW PROCESS FOR
                                                    ALL PROPOSED PLANS, PROGRAMS, AND
                                                    DEVELOPMENT INITIATIVES, WHETHER PUBLICLY
                                                    OR PRIVATELY GENERATED, DESIGNED TO
                                                    ENSURE COMPLIANCE WITH ALL APPLICABLE
                                                    ENVIRONMENTAL REGULATIONS AND PROMOTION
                                                    OF ENVIRONMENTAL PROTECTION.

                                                    A mechanism for the coordinated review of a proposed
                                                    development plan or a program's compliance with applicable
                                                    environmental regulations does not exist in City government.
                                                    This objective would create a process to ensure that
                                                    proposed development plans or programs meet all applicable
                                                    federal, state, and local regulations for environmental
                                                    protection. By centralizing the review process, greater
                                                    efficiency can be maintained, more effective communication
                                                    between City departments can be achieved, and the City's
                                                    expertise in environmental matters can be developed.

                                                    Another objective of such a coordination effort would be to
                                                    aid citizens and businesses in understanding and complying
                                                    with the environmental regulations they face in conducting
                                                    their business. Streamlining and clarifying the processes to
                                                    avoid duplication and expedite processing of permits in
                                                    reasonable timeare also objectives.

                                                    Recommendations
                                                    A. Review and evaluate all long range plans and plan
                                                        updates for impact on environmental issues.

                                                    C.  Incorporate the consideration of environmental impacts
                                                        int0,111 future planning, land use analysis, and economic
                                                        studies Undertaken by the City.

                                                    D.  Review all development proposals for their impacts on
                                                        environmental quality.

                                                    E.  Evaluate economic feasibility of compliance with
                                                        environmental requirements when considering
                                                        alternatives.














                     DRAFT 2/21/92                                                                             8-4





                       Chapter 8                                                            GENERAL ISSUES


                       PUBLIC EDUCATION

                                                        OBJECTIVE
                                                        DEVELOP A COMPREHENSIVE ENVIRONMENTAL
                                                        EDUCATION PROGRAM FOR CITY RESIDENTS,
                                                        BUSINESSES, AND INDUSTRIES.

                                                        The need for a comprehensive public education campaign
                                                        became apparent during the development of this
                                                        environmental element. Public education can make or break
                                                        environmental initiatives made by all levels of government.
                                                        Incorporating public education programs into the planning
                                                        process allows for consistent and comprehensive programs.
                                                        A comprehensive environmental education and participation
                                                        program makes use of neighborhood organizations, civic
                                                        groups, bLiSinesses,schools, churches, and the media.

                                                        Educational materials are a good way to increase the
                                                        awareness of good environmental ethics. Among the
                                                        materials that can be used in educational programs are:

                                                             Pamphlets or brochures for the general public describing
                                                             environmental issues and how each individual can make
                                                             a difference.

                                                             School CUrriCl.da for children and teenagers can be
                                                             developed which explain different environmental issues
                                                             and also incorporate those issues into a variety of
                                                             Subjects (e.g. arithmetic problems and social studies).
                                                             Educational materials can also include coloring books,
                                                             video tapes, and field trips.

                                                             Materials to encourage participation in environmental
                                                             awareness programs.

                                                        Clearinghouses can be established and administered by local
                                                        governments to provide the mechanisms for citizens and
                                                        industry to reL]Ljest materials on environmental issues.
                                                        Clearinol-iOUses typically serve either as a distribution center
                                                        or as a place to develop and distribute information.
                                                        Partnerships between the Environmental Protection Agency
                                                        and local universities often form the basis of clearinghouses,
                                                        with the EPA possibly providing seed money.                  It is
                                                        recommended that the City work with a local university or
                                                        the Virginia Tech Extension Service to develop a
                                                        clearinglIOUse.

                                                        Peer matching    programs match available expertise with need
                                                        at all levels. An example of this would be a locality wishing
                                                        to start a recycling prog.,rarn calling on the expertise of a
                                                        locality which already has a Successful program in place.




                       DRAFT 2/21/92                                                                                    8-5





                     Chapter, 8                                                      GENERAL ISSUES

                                                    Peer matching programs may take a "regional" approach or
                                                    may have a nationwide scope and they can be administered
                                                    by local clearinghouses. Information can be distributed in a
                                                    variety of other ways such as magazine and newspaper
                                                    articles; public affairs programing on radio and television;
                                                    public forums and meetings; public utility bills; and public
                                                    service announcements on radio and television.


                                                    Recommendations
                                                    A. Increase awareness of environmental issues through the
                                                        City school system.

                                                        I . Sponsor system-wide contests, fieldtrips, and other
                                                            activities to foster awareness of environmental
                                                            is%ue@.

                                                        2.  Incorporate environmental education into the existing
                                                            CUMCUIL1111 of Richmond Public Schools.

                                                        3.  Identify wetlands or other environmentally sensitive
                                                            lands to be utilized as public educational or
                                                            recreational resources where consistent with their
                                                            protection.

                                                    B. Increase media coverage of efforts by the City and its
                                                        citizens which concern, and increase awareness of,
                                                        environmental issues.

                                                        I . Publicize the activities of City agencies and
                                                            committees or commissions involved in
                                                            environmental issues.

                                                        2.  Sponsor contests and other civic activities focusing
                                                            on environmental issues as a way to foster civic
                                                            pride.

                                                        3.  Develop an award or recognition program for
                                                            developers and land owners who exhibit
                                                            environnientally responsible development.

                                                        4.  111CILide helpful hints on water and other
                                                            environmental issues in the monthly utility bills.

                                                    C. Incorporate demonstration projects for environmentally
                                                        sensitive land use and development activities into City-
                                                        owned facilities.     Where possible and practical,
                                                        coordinate Such demonstration projects with state
                                                        agencies and private utilities.








                     DRAFT 2/21/92                                                                             8-6

















































                                                                      .. t-


                                                                                                      IMPLEMENTATION
                                                                                                                                                                                                                                                                               Chapter 9





                      Chapter 9                                                       IMPLEMENTATION


                      INTRODUCTION
                                                      The foregoing chapters have enumerated many policies and
                                                      recommended regulations, programs, and other actions. The
                                                      cooperation of many City agencies is needed to carry these
                                                      out. This chapter summarizes recommended policies and
                                                      activities in one place to clearly set forth the implementation
                                                      program needed to turn this planning document into an
                                                      action tool.

                                                      Key recommendations include establishment of an
                                                      appropriate mechanism to coordinate environmental
                                                      programs.      Such a mechanism would ensure that
                                                      implementation of proposed programs is undertaken in an
                                                      efficient manner, and that activities are coordinated among
                                                      City agencies and with outside entities. A second key
                                                      recommendation of the environmental element is the
                                                      development of an Environmental Review Process This
                                                      represents a major opportunity to incorporate environmental
                                                      objectives into development plans and to streamline and
                                                      improve coordination of the review process. A third key
                                                      recommendation is the development of a comprehensive
                                                      public education campaign which is essential to the
                                                      continued protection and enhancement of the City's natural
                                                      resources,


                                                      City agencies which must be involved in the implementation
                                                      of this element include Community Development, Recreation
                                                      and Parks, Public Works, Public Utilities, General Services,
                                                      Economic Development, and the Richmond Public Schools.
                                                      Effective regulatory coordination is necessary to pursue
                                                      implementation of the recommendations of this element.

                      LAND USE PLAN

                                                      An amendment to the Land Use Plan has been recommended
                                                      which will facilitate improved protection of major natural
                                                      systems: designation of Environmental Protection Areas to
                                                      protect the valuable system of natural areas throughout the
                                                      City. As described in the Natural Features chapter, these
                                                      natural areas serve to protect water quality, wildlife habitat,
                                                      and sensitive environmental features which are important to
                                                      the ecological health and economic base of the City.

                                                      This overlay district adds specific policy objectives and
                                                      development guidelines to the existing land use districts and
                                                      regulations already in place.       Administration will be
                                                      accomplished in the short term within the scope of existing
                                                      permit review processes and later within the proposed
                                                      Environmental Review Process when it becomes effective.
                                                      It is also recommended that Land Use Plan be evaluated
                                                      City-wide to identify appropriate changes which should be
                                                      made in response to the policy framework and information
                                                      base developed as result of this environmental element.


                      DRAFT 2/21/92                                                                               9-1





                      Chapter 9                                                        IMPLEMENTATION



                      SUMMARY OF POLICIES AND RECOMMENDATIONS

                                                      The policies outlined below are not specific actions but rather
                                                      statements of intention which guide the performance of
                                                      specific, recommended actions. Following the policies is a
                                                      brief summary of the specific recommendations proposed in
                                                      the form of individual programs or projects. These are also
                                                      elaborated upon in the preceding chapters.

                      WATER RESOURCES


                                                      POLICIES
                                                      I . CSOs should be dealt with on a city-specific basis rather
                                                          than through development of national standards for CSO
                                                          control.
                                                      2.  Seek long term solutions to stormwater management
                                                          issues which rely on regional, neighborhood, and on-site
                                                          retention.
                                                      3.  Promote landscape management practices which promote
                                                          water quality.
                                                      4.  Support City-wide source control measures which
                                                          improve the quality of stormwater runoff.
                                                      5.  Continue stewardship of the James River.
                                                      6.  Participate in a regional cooperative effort to reduce
                                                          withdrawal impacts on in-stream flows.
                                                      7.  Seek legislation for additional control authority to require
                                                          water conservation fixtures under the BOCA Code.
                                                      8.  Continue to participate in the RRPDC's Water Resources
                                                          Task Force.
                                                      9.  Work to develop a co-operative regional approach to
                                                          water quality and supply issues.
                                                      10. Support formation of a regional water resource
                                                          management agency.

                                                      RECOMMENDATIONS
                                                      I . Adopt a stormwater control strategy/program which
                                                          integrates all stormwater mandates and City goals.
                                                      2.  Reevaluate the CSO Control Plan periodically to
                                                          incorporate technical advancements; available
                                                          information-, and changing costs, attitudes, and
                                                          regulations.
                                                      3.  Consider expansion of the designated Resource
                                                          Management Area.
                                                      4.  Develop a system for open space off-sets in conjunction
                                                          with the stormwater control strategy/program.
                                                      5.  Identify potential offset receiving areas throughout the
                                                          City.
                                                      6.  Establish a stormwater utility as a financing mechanism
                                                          for stormwater programs.
                                                      7.  Continue With the UST removal program.
                                                      8.  Monitor CERCLIS list sites for potential groundwater
                                                          contamination.



                      DRAFT 2/21/92                                                                                9-2





                    Chapter 9                                                      IMPLEMENTATION


                                                   9.  Develop a groundwater management plan.
                                                  10.  Develop a drought contingency plan.
                                                  11.  Revise the building code to encourage the use of water
                                                       conservation fixtures.
                                                  12.  Develop guidelines for water conserving landscaping
                                                       techniques.
                                                  13.  Investigate the use of pricing mechanisms to encourage
                                                       water conservation on a regional basis.
                                                  14.  Employ water conservation techniques in City facilities.
                                                  15.  Implement the sampling, operational and technical
                                                       requirements of the Safe Drinking Water Act for lead and
                                                       copper.
                                                  16.  Develop a monitoring system for other contaminants,
                                                       toxics and organics.
                                                  17.  Complete a study to determine the appropriateness of
                                                       lead service line replacement.

                    NATURAL FEATURES


                                                   POLICIES
                                                   I . As major changes warrant, evaluate floodplain and
                                                       floodway designation and pursue amendment as
                                                       appropriate.
                                                   2.  Seek legislation for additional authority to develop a
                                                       landscape ordinance to require the planting of vegetation
                                                       on sites where it may not have existed prior to
                                                       development.
                                                   3.  Support efforts to fund a fish passage at Boshers Dam.
                                                   4.  Provide opportunities for public input in all park
                                                       planning efforts.
                                                   5.  Provide adequate access to the City's open space and
                                                       recreation areas.
                                                   6.  Ensure publicly accessible open space within walking
                                                       distance of all residents.
                                                   7.  Prioritize maintenance and renovation of existing parks
                                                       and recreation areas and development of new facilities.
                                                   8.  Coordinate the recommended park master plan with the
                                                       greenways plan and the proposed Environmental
                                                       Protection Area overlay to ensure a unified, compatible
                                                       plan.
                                                   9.  Continue to be an active participant in the Metro
                                                       Richmond Greenways project.-
                                                  10.  Cooperate with the counties of Henrico, Hanover, and
                                                       Chesterfield in implementation of the greenways plan.
                                                  11.  Enhance and preserve the free-flowing nature of the
                                                       river.
                                                  12.  Utilize existing land use authority to implement river
                                                       protection needs.
                                                  13.  Seek and support development of in-stream flow
                                                       standards sufficient to support indigenous aquatic life
                                                       and recreational uses.





                    DRAFT 2/21/92                                                                            9-3





                     Chapter 9                                                      IMPLEMENTATION


                                                   14.  Seek and support legislation for additional control
                                                        authority to apply river protection strategies and
                                                        standards to development within the City.
                                                   15.  Provide additional public access to the river with an
                                                        emphasis on accessibility by handicapped citizens.

                                                    RECOMMENDATIONS
                                                    I . Develop a municipal landscape management program
                                                        which address maintenance of trees and other
                                                        landscaping on City-owned properties.
                                                    2.  Develop a Landscape Ordinance for the regulation of
                                                        pfivate development projects.
                                                    3.  Develop a habitat management plan for the City to
                                                        provide for the preservation and maintenance of habitat.
                                                    4.  Develop a Fisheries Management Plan for the City to
                                                        provide for development and management of urban
                                                        fisheries.
                                                    5.  Implement plans to breach Williams Island Dam.
                                                    6.  Identify environmentally sensitive areas appropriate for
                                                        protection.
                                                    7.  Incorporate provisions for protection of designated
                                                        environmentally sensitive areas into City ordinances and
                                                        review processes.
                                                    8.  Modify the Floodplain Management Ordinance to
                                                        incorporate recognition of the various functions of the
                                                        floodplain.
                                                    9.  Integrate protection of environmentally sensitive areas
                                                        with the proposed stormwater control strategy/program:
                                                   10.  Develop a master plan for parks and natural areas within
                                                        the City.
                                                   11.  Designate the Department of Recreation & Parks as the
                                                        agency responsible for development and maintenance of
                                                        all plans for parks and natural areas.
                                                   12.  Review the recreation and open space standards in the
                                                        Master Plan to determine their continued applicability.
                                                   13.  Develop long-range plans for each park and natural area
                                                        which address physical needs and outlines a program for
                                                        achieving these needs-
                                                   14.  Develop and implement design standards for use when
                                                        planning development or renovation of publicly owned
                                                        property.
                                                   15.  Develop Suitable public lands for use as parks.
                                                   16.  Plan foravailability of funding for parks and recreational
                                                        facilities through a wide variety of funding techniques.
                                                   17.  Develop a mechanism, which includes incentives,
                                                        through which the City can encourage and accept
                                                        donations for preserving, maintaining, and expanding
                                                        the park system.
                                                        Adopt the greenways plan as recommended by the
                                                        Greenways Advisory Committee.
                                                   19.  Implement the greenways plan through the CIP,
                                                        incorporation into City projects and seeking private
                                                        support.



                    DRAFT 2/21/92                                                                              9-4





                     Chapter 9                                                      IMPLEMENTATION


                                                   20. Designate the Department of Recreation and Parks as the
                                                       agency responsible for development and maintenance of
                                                       the City greenways.
                                                   21. Develop a mechanism by which landowners can donate
                                                       their property or easements for public access consistent
                                                       with the greenways plan.
                                                   22. Develop a conservation and management plan for
                                                       protection of the James River and its immediate environs
                                                       which incorporates existing plans and programs.
                                                   23. Develop a program for protection of view-sheds and
                                                       scenic horizons as seen from the river.
                                                   24. Designate an Environmental Protection Area as an
                                                       overlay to the Master Plan.
                                                   25. Create an Environmental Protection District overlay to
                                                       the zoning ordinance.
                                                   26. Develop new policy guidelines to accomplish
                                                       environmental objectives during review processes.
                                                   27. Incorporate the greenways plan into a Master Plan
                                                       overlay.
                                                   28. Review the Master Plan to consider changes to land use
                                                       designations as appropriate for the protection of natural
                                                       features.


                     SOLID WASTE

                                                    POLICIES
                                                    1. Support minimization and disposal of solid waste
                                                       consistent with the hierarchy of waste reduction, reuse,
                                                       recycling, resource recovery, combustion, and
                                                       landfilling.
                                                    2. Support contractual operations which are in compliance
                                                       with Federal and State mandates.
                                                    3. Regulate the transportation, storage, and disposal of
                                                       hazardous materials and special wastes within the City.
                                                    4. Encourage the development of markets for materials
                                                       collected through recycling programs.
                                                    5. Encourage source reduction and recycling through
                                                       financial incentives and ordinances.
                                                    6. Encourage source reduction and recycling through
                                                       lobbying efforts.
                                                    7. Promote the combustion of municipal solid waste on a
                                                       regional basis as a means of obtaining waste to energy
                                                       and volume reduction benefits.
                                                    8. Continue land application of sanitary sewage sludge in
                                                       compliance with state regulations.
                                                    9. Promote incorporation of an integrated solid waste
                                                       disposal hierarchy into the regional solid waste plan.
                                                   10. Promote development of a comprehensive solid waste
                                                       management education program for use on a regional
                                                       basis.






                    DRAFT 2/21/92                                                                            9-5





                             Chapter 9                                                           IMPLEMENTATION


                                                              RECOMMENDATIONS
                                                              I . Provide opportunities for total participation in recycling
                                                                  and waste reduction programs.
                                                              2.  Provide facilities which encourage residential
                                                                  participation in recycling and waste reduction programs.
                                                              3.  Develop a review process to identify any environmental
                                                                  hazards and determine appropriateness of projects
                                                                  proposed on any former public or private landfill sites.
                                                              4.  Develop mechanisms to regulate the transportation and
                                                                  storage of hazardous materials and special wastes within
                                                                  the City.
                                                              5.  Contract for transport of hazardous materials and special
                                                                  wastes only with companies with a proven record of
                                                                  environmental compliance.
                                                              6.  Develop mechanisms which hold the shipper and carrier
                                                                  responsible for clean-up costs in hazardous material or
                                                                  special waste incidents.

                             AIR QUALITY

                                                              POLICIES
                                                              I . Seek and support legislation for additional control
                                                                  authority to apply transportation demand management
                                                                  and transportation system management techniques.
                                                              2.  Encourage increased efficiency in transportation modes.
                                                              3.  Promote use of mass transit by residents and workers in
                                                                  the City.
                                                              4.  Support the production of energy by methods which
                                                                  require minimal fossil fuel combustion.
                                                              5.  Promote the generation of energy through clean
                                                                  processes, utilizing best available pollution control
                                                                  technology.
                                                              6.  Emphasize the development and use of alternative, non-
                                                                  fossil fuel based Sources of energy generation such as
                                                                  alternative nuclear power, solar, bio-mass, and wind.
                                                              7.  Support the use of energy conservation.
                                                              8.  Seek and Support legislation for additional control
                                                                  authority through the uniform statewide building code.
                                                              9.  Evaluate the impact of environmental legislation on
                                                                  economic development policies.
                                                              10. Adopt a policy of "prudent avoidance" in the absence of
                                                                  conclusive data regarding the risks of exposure to
                                                                  electromagnetic fields.
                                                              11. Seek and support it statewide interim standard limiting
                                                                  magnetic field strength near electric power transmission
                                                                  facilities.

                                                              RECOMMENDATIONS
                                                              I . Develop transportation system management and
                                                                  transportation demand management programs to promote
                                                                  air quality and efficient use of fuel.
                                                              2.  Convert the City vehicle fleet to alternatively fueled
                                                                  vehicles as soon as practical.


                            DRAFT 2/21/92                                                                                    9-6





                      Chapter 9                                                         IMPLEMENTATION


                                                       3. Convert the GRTC bus fleet to alternatively fueled
                                                          vehicles, including electric vehicles as soon as practical.
                                                       4. Develop incentives for conversion of private vehicles and
                                                          fleets to alternatively fueled vehicles.
                                                       5. Develop a public education campaign to promote use of
                                                          mass transit, HOV lanes, flex time, car pools and van
                                                          pools by individuals and employers.
                                                       6. Investigate methods for reducing amount of particulate
                                                          matter from diesel vehicles and other non-point sources
                                                          not covered by the CAA amendments.
                                                       7. Continue to incorporate innovative and effective energy
                                                          conservation and management practices into City
                                                          buildings and facilities.
                                                       8. Revise existing City building code to encourage use of
                                                          energy conservation and management techniques.
                                                       9. Develop a public education campaign to increase public
                                                          awareness of the importance of energy conservation and
                                                          management.
                                                      10. Purchase only furnishings and materials which are free
                                                          of chernicals known to contribute to sick building
                                                          syndrome.
                                                      11. Develop a program of systematic replacement or
                                                          improvement of ventilation systems, asbestos containing
                                                          products, and other products which contribute to the
                                                          problem.
                                                      12. Enact an ordinance regulating smoking in public places
                                                          pursuant to the Virginia Clean Indoor Air Act.
                                                      13. Develop a mechanism for enforcement of smoking
                                                          regulations in public buildings.
                                                      14. Incorporate air quality considerations into economic
                                                          development planning efforts.
                                                      15. Track nonattainment status and develop programs and
                                                          policies aimed at achieving attainment in conjunction
                                                          with state efforts.
                                                      16. Monitor scientific data regarding alternative energy
                                                          sources, and air toxics and other non-criteria pollutants.
                                                      17. Evaluate compliance of air permit applicants with local
                                                          ordinances.
                                                      18. Develop a public education campaign to raise awareness
                                                          of the issue of electromagnetism and keep the public
                                                          inforrned of developments in the field.

                      NOISE

                                                       POLICIES
                                                       I .Encourage the use of Noise Abatement Procedures at
                                                          Richmond International Airport.
                                                       2. Maintain a strong presence on the Capital Region Airport
                                                          Commission to influence airport planning and decision
                                                          making.
                                                       3. Participate in review of existing and future flight paths to
                                                          ensure that impacts on sensitive land uses within the City
                                                          are minimized.



                      DRAFT 2/21/92                                                                                9-7





                       Chapter 9                                                       IMPLEMENTATION


                                                      4.  Ensure that future airport expansion plans consider noise
                                                          impacts on sensitive land uses within the City.
                                                      5.  Participate in the development of new highways to
                                                          ensure that impacts on sensitive land uses within the City
                                                          are minimized.
                                                      6.  Continue to rigorously enforce the existing noise
                                                          ordinance.


                                                      RECOMMENDATIONS
                                                      I . Take measures to ensure mandatory enforcement of
                                                          Noise Abatement Procedures by the FAA Richmond
                                                          Tower.
                                                      2.  Adopt a highway noise ordinance consistent with the
                                                          Virginia Noise Abatement Policy.
                                                      3.  Evaluate the need for locally implemented noise
                                                          abatement measures.
                                                      4.  Develop a plan for truck routing within the City.
                                                      5.  Study the relationship between alternatively fueled
                                                          vehicles and highway noise.
                                                      6.  Incorporate regulations which deal with mobile sources
                                                          of noise.
                                                      7.  Amend existing land use ordinances to require noise
                                                          sensitive site design.
                                                      8.  Develop a public education program to inform citizens of
                                                          the enforcement tools available to them.

                      GENERAL ISSUES

                                                      POLICIES
                                                      I . Consult with other urban jurisdictions regarding the
                                                          coordination of environmental regulatory issues within
                                                          the City administration.
                                                      2.  Comply with all Federal and State mandates in a timely
                                                          manner and through development of local ordinances
                                                          consistent with other City programs.
                                                      3.  Take a pro-active position on all environmental issues.
                                                      4.  Support legislation which requires simplification and
                                                          coordination of water quality control agencies at the
                                                          Federal and State level.

                                                      RECOMMENDATIONS
                                                      I . Create a mechanism for the coordination of a City-wide
                                                          approach to environmental issues.
                                                      2.  Evaluate existing programs to determine if they are
                                                          achieving City goals and State and Federal mandates.
                                                      3.  Implement a water quality program incorporating all
                                                          existing and proposed water related programs to provide
                                                          ease of administration for City staff and compliance for
                                                          the public.
                                                      4.  Monitor the effectiveness of the State's ability to
                                                          adequately protect the quality of air within the context of
                                                          the City's concerns about land land use, economic
                                                          development, and public health and welfare.



                      DRAFT 2/21/92                                                                               9-8





                     Chapter 9                                                    IMPLEMENTATION


                                                   5.  Create a process for the review of proposed development
                                                       plans and programs to ensure they meet all appropriate
                                                       Federal, State, and local regulations. for environmental
                                                       protection.
                                                   6.  Review and evaluate all City plans for environmental
                                                       impact.
                                                   7.  Incorporate consideration of environmental impacts into
                                                       future planning, land use analysis, and economic studies
                                                       undertaken by the City.
                                                   8.  Review all development plans for environmental impact.
                                                   9.  Consider economic feasibility of compliance when
                                                       evaluating alternative plans.
                                                  10.  Develop a comprehensive public education campaign for
                                                       the distribution of information regarding environmental
                                                       issues.
                                                  11.  Increase public awareness of environmental issues
                                                       through City Schools.
                                                  12.  Increase media coverage of environmental efforts by City
                                                       and citizens.
                                                  13.  Incorporate demonstration projects for environmentally
                                                       sensitive land use and development activities into City-
                                                       owned facilities.



































                    DRAFT 2/21/92                                                                           9-9




















       LEGAL APPENDIX






                                                                                        LEGAL APPENDIX


                     FEDERAL LEGISLATION AND PROGRAMS

                                                    RIVERS AND HARBORS ACT OF 1899

                                                    One of the most important federal statutes regulating
                                                    wetlands is the Rivers and Harbors Act (RHA). Thefocus
                                                    of the RHA is the protection of navigation in U.S. waters.

                                                    Section 10 of the RHA forbids excavation or construction in
                                                    navigable waters without approval of the Secretary of the
                                                    Army. This program is administered by the U.S. Army
                                                    Corps of Engineers (ACOE). Under Section 10, a permit
                                                    must be obtained from the ACOE before obstructing
                                                    navigable waters or altering or modifying the "course,
                                                    location, condition or capacity," of any navigable waters.
                                                    Activities outside navigable waters but which affect
                                                    navigable waters may also be covered under Section 10.

                                                    THE FEDERAL WATER POLLUTION CONTROL
                                                    ACT OF 1972 (FWPCA)

                                                    The FWPCA was enacted to address the failure of water
                                                    quality standards to control water pollution. The goals of the
                                                    act were that all waters would be "fishable and swimmable"
                                                    by 1983 and the discharge of pollutants into navigable
                                                    waters were to be eliminated by 1985. The emphasis of the
                                                    act was shifted to technology based standards imposed on
                                                    point discharges under the National Pollutant Discharge
                                                    Elimination System (NPDES).

                                                    Point source discharges are controlled through the use of
                                                    NPDES permits. Point source pollution is that which comes
                                                    from any "confined, discrete conveyance such as a pipe,
                                                    ditch or outfall". In Virginia the program is administered by
                                                    the State Water Control Board (SWCB) and the permits are
                                                    called Virginia Pollutant Discharge Elimination System
                                                    (VPDES) permits.         These permits establish effluent
                                                    limitations for each significant pollutant found in the
                                                    discharge. The discharger Must meet either the federal
                                                    guidelines for these Pollutants or Virginia's water quality
                                                    standards, whichever is more stringent.

                                                    Under the VPDES program, each discharger must meet
                                                    effluent limitations and standards. These standards are
                                                    established for each major manufacturing industry. Publicly
                                                    owned treatment works (POTWS) are required to meet
                                                    secondary treatment standards or established water
                                                    standards, whichever is more stringent. There are also
                                                    monthly reporting requirements based on the effluents and
                                                    their effects.






                     DRAFT 2/21/92                                                                             A-1






                                                                                            LEGAL APPENDIX


                                                        Section 208 of the plan recognizes the significance of non-
                                                        point source pollution. EPA defines non-point source
                                                        pollution as:

                                                            Pollution caused by diffuse sources that are not
                                                            regulated as point sources and normally is associated
                                                            with agricultural, silvicultural and urban runoff,
                                                            runoff from construction activities, etc. It results
                                                            from land run-off , precipitation, atmospheric
                                                            deposition, or percolation.

                                                        Section 208 requires the development and implementation of
                                                        area wide waste treatment management plans which include
                                                        both point and non-point source control programs. A major
                                                        portion of these planning efforts were the development of
                                                        best management practices (BMP's). BMP
                                                        is are practices or combination of practices which are
                                                        determined by a state or planning agency to be the most
                                                        effective practicable means of preventing or reducing the
                                                        amount of pollution generated by non-point sources to a
                                                        level compatible with water quality goals.

                                                        The FWPCA has been amended several times , including
                                                        the 1977 CWA amendments. The FWPCA and its
                                                        amendments are known collectively as the Clean Water Act
                                                        (CWA). The 1977 CWA emphasized implementation
                                                        measures for BMP's and the SWCB prepared an
                                                        implementation handbook to accompany the BMP
                                                        handbooks.

                                                        WATER QUALITY ACT OF 1987

                                                        In response to the ineffectiveness of section 208 the Water
                                                        Quality Act of 1987 created a new program for the control of
                                                        non-point Sources of pollution.

                                                        The governor of every state must submit a state assessment
                                                        report. The report must;

                                                            Identify problem waters that do not meet or cannot be
                                                            expected to meet CWA goals;

                                                        ï¿½   identify categories and Subcategories of non-point
                                                            sources as well its individual sources that add significant
                                                            Pollution;

                                                        ï¿½   describe the BMP's & measures to control these non-
                                                            point sources and to reduce their pollution to "the
                                                            maximum extent practicable;" and

                                                        ï¿½   identify state and local programs for controlling such
                                                            pollution.




                        DRAFT 2/21/92                                                                              A-2







                                                                                         LEGAL APPENDIX


                                                      The governor must also develop a management program to
                                                      control non-point source pollution. The program must:

                                                          Identify BMP's taking into account impacts on
                                                          groundwater quality;

                                                      ï¿½   identify programs to achieve BMP's;

                                                      ï¿½   contain a schedule with annual milestones for
                                                          implementation of state programs to achieve BMP's at
                                                          the "earliest practicable date;"

                                                          have assurances of adequate enforcement of the program;

                                                      0   identify sources of funding; and

                                                      0   identify applications for federal development projects and
                                                          federal financial assistance.

                                                      The program is to be developed on a watershed by
                                                      watershed basis to the extent possible.

                                                      SECTION 404 OF THE CLEAN WATER ACT

                                                      The U.S. An-ny Corps of Engineers (ACOE), in cooperation
                                                      with EPA administers the federal program to regulate certain
                                                      activities in wetlands. In general all development within
                                                      bodies of water, and wetlands which are defined as waters
                                                      of the United States, requires a permit from the ACOE.

                                                      The ACOE and EPA now accept the following definition for
                                                       waters of the United States."

                                                          All waters which are currently used, or were used in the
                                                          past, or may be susceptible to use in interstate or foreign
                                                          commerce including all waters which are subject to the
                                                          ebb and flow of the tide;

                                                          all interstate waters including interstate wetlands;

                                                          all other waters such as interstate lakes, rivers, streams
                                                          (including intermittent streams) mudflats, sandflats,
                                                          wetlands, sloughs, prairie potholes, wet meadows, or
                                                          natural ponds that the use, degradation or destruction of
                                                          which could affect interstate or foreign commerce;

                                                          all impoundments of waters otherwise defined as waters
                                                          of the United States Linder this definition;

                                                          the territorial sea; and

                                                          wetlands adjacent to waters (other than waters that are
                                                          themselves wetlands) identified above..



                      DRAFT 2/21/92                                                                               A-3






                                                                                         LEGAL APPENDIX


                                                      Exemptions from this permitting process include:

                                                      0  Maintenance or reconstruction of dams, breakwaters and
                                                         other similar structures;

                                                      *  construction or maintenance of farm ponds or irrigation
                                                         basins and drainage ditches;

                                                      *  construction of temporary sedimentation basins on a
                                                         construction site that do not put fill materials into
                                                         navigable waters;

                                                         temporary roads for construction or maintenance of farm
                                                         roads forest roads or roads for mining equipment
                                                         constructed in accordance with BMP's; and

                                                      0  activity with respect to which a state has an approved
                                                         non-point source management program.

                                                      Applications for permits from the ACOE, require
                                                      coordination with the US Fish And Wildlife Service and the
                                                      National Marine Fisheries Service and other advisory
                                                      agencies.

                                                      SECTION 405 OF THE CLEAN WATER ACT
                                                      STORMWATER MANAGEMENT

                                                      Under Section 405, municipalities with populations of
                                                      100,000 or more and many industrial facilities are required
                                                      to obtain NPDES permits for stormwater discharges into
                                                      state waters. The regulations also require municipalities and
                                                      industries to submit a stormwater pollution management plan
                                                      as a part of their permit application. EPA may also require
                                                      the development and -implementation of even more
                                                      comprehensive management programs to reduce stormwater
                                                      Pollution. Such programs would identify and remove illegal
                                                      connections to storm drains, stop improper dumping of oil
                                                      and other wastes Into storin sewers, prevent and control
                                                      spills, and reduce Pollution. in runoff from other sources.

                                                      While storniwater runoff begins as non-point source
                                                      pollution, it is ultimately discharged through pipes, which
                                                      are point sources requiring NPDES permits under the CWA.
                                                      Permit applications from affected industrial facilities are due
                                                      one year after publication of the regulations, on November
                                                      1991. Applications for municipalities are to be submitted in
                                                      two parts: Part I identifies pollution sources, pollutants and
                                                      affected waterways; and Part 2 consists of the
                                                      comprehensive management program. Large municipalities
                                                      -of 250,000 or more must submit Part I by November 199 1,
                                                      mediLIM-Sized municipalities of 100,000 to 250,000 must
                                                      submit Part I by May 1992. Part 2 is due one year after
                                                      submittal of Part 1.



                     DRAFT 2/21/92                                                                               A-4






                                                                                      LEGAL APPENDIX



                                                    THE SAFE DRINKING WATER ACT AND THE
                                                    NATIONAL PRIMARY DRINKING WATER
                                                    REGULATIONS FOR LEAD AND COPPER


                                                    The Safe Drinking Water Act (SDWA) is designed to assure
                                                    the safety of water supplies for human consumption. It only
                                                    applies to groundwater used as a source for drinking water.
                                                    The SDWA protects drinking water through four methods:

                                                    0  The use of maximum contaminant levels, national
                                                       standards setting the necessary purity level for drinking
                                                       water;

                                                    0  a wellhead protection program;

                                                    0  a program to protect sole source aquifers , aquifers that
                                                       are the primary source of drinking water for an entire
                                                       Community; and

                                                    0  a program to control underground injection of waste.

                                                    Pursuant to the SDWA, EPA has adopted the National
                                                    Primary Drinking Water Standards that prescribe the
                                                    maximum permissible levels of certain contaminants
                                                    (maximum contaminant levels or "MCLs") in water delivered
                                                    to end-users connected to any public water system. EPA
                                                    sets National Primary Drinking Water Standards at a level to
                                                    protect the public health for "public water systems." States
                                                    may adopt their own standards so long as they are at least as
                                                    stringent as the federal standards. After EPA approval, a
                                                    state may assume responsibility for administering and
                                                    enforcing the Act's requirements.

                                                    The EPA sets Primary and Secondary Drinking Water
                                                    Regulations for drinking waters. The National Primary
                                                    Drinking Water Regulations (NPDWRs) are enforceable
                                                                        Z
                                                    standards to protect public health: the National Secondary
                                                    Drinking Water Regulations (NSDWRs) are nonenforceable
                                                    aesthetic standards to protect the public welfare. NPDWR's
                                                    require compliance with Maximum Contaminant Levels
                                                    (MCL's) or treatment techniques for contaminants that may
                                                    have adverse effects on the public health. EPA is required to
                                                    meet a schedLll(- for regulating the contaminants The
                                                    secondary regulations are     set to control contaminants
                                                    affecting the odor, appearance, taste or aesthetics of water.

                                                    The 1986 amendments created two programs, the Wellhead
                                                    Protection Program, and the Sole Source Aquifer Program.
                                                    By June of 1989 every state is to submit to EPA a program
                                                    to protect "wellhead protection areas" from contamination.
                                                    A "wellhead protection area" is the surface and subsurface
                                                    area surrounding a water well or wellfield, supplying a



                    DRAFT 2/21/92                                                                             A-5






                                                                                         LEGAL APPENDIX


                                                      public water system, through which contaminants are
                                                      reasonably likely to move toward and reach such water well,
                                                      or wellfield.

                                                      The state program must determine the boundaries of each
                                                      wellhead protection area, identify all potential
                                                      ft anthropogenic" sources of contamination that may endanger
                                                      public health, designate the state agency responsible for
                                                      administering the program, describe the program's
                                                      methodology for protection, and provide contingency plans
                                                      for alternative water supplies to contaminated water.

                                                      The Sole Source Aquifer Demonstration Program is a grant
                                                      program that reimburses states for 50 percent of their costs
                                                      in developing and implementing state programs to identify
                                                      and preserve "critical aquifer protection areas." A "critical
                                                      aquifer protection area" is generally an area that meets EPA's
                                                      criteria which measure the susceptibility of the aquifer to
                                                      contamination, the number of people using the groundwater
                                                      as a drinking source, and the costs and benefits of protection
                                                      for an area that was designated as a sole source aquifer, for
                                                      which there was an areawide groundwater protection plan
                                                      approved tinder section 208 of the CWA. State, municipal,
                                                      local government, and regional planning entities with
                                                      approval of the governor, may apply for funds.

                                                      Each program under section 1427(b) must contain:

                                                      ï¿½  A map Outlining the boundaries of the protected areas;

                                                      ï¿½  identification of sources of groundwater contamination;

                                                      ï¿½  assessment of the relationship between land activities and
                                                         groundwater quality;

                                                      ï¿½  specific actions and management practices to prevent
                                                         groundwater contamination; and

                                                      ï¿½  identification of authorities to implement the plan,
                                                         estimates of costs, and sources of state matching funds.

                                                      Programs must be adopted with public hearings and federal
                                                      consultation. The total amount of funding for any one
                                                      aquifer may not exceed $4 million in any single fiscal year.

                                                      The Underground Injection Control Program (UIC) is a
                                                      program to regulate deep well injection of wastes into "dry"
                                                      wells. The program is based on four types of regulations:

                                                         General criteria and performance standards;

                                                         standards and procedures for approval of state programs;




                      DRAFT 2/21/92                                                                              A-6






                                                                                        LEGAL APPENDIX


                                                         provisions from state programs approved in whole or in
                                                         part by EPA; and

                                                         procedural and substantive permit requirements
                                                         administered by EPA in states that do not have approved
                                                         programs.

                                                     The extent of regulation of a deep injection well depends
                                                     upon the regulatory category that encompasses the well. The
                                                     requirements for each type of regulated well are administered
                                                     through a permit system by the states or by EPA in states
                                                     that do not have an approved program.

                                                     COASTAL ZONE MANAGEMENT ACT 1972
                                                     (CZMA)

                                                     The Coastal Zone Management Act was created to deal with
                                                     the conflict between development of coastal resources and
                                                     the preservation of coastal resources. it was enacted by
                                                     Congress to preserve and develop the resources of the
                                                     coastal zone, to preserve the unique values of coastal lands
                                                     and waters by encouraging states to devise land and water
                                                     use plans for coastal protection.

                                                     The CZMA provides funds to states that develop and
                                                     implement programs for management of land, and uses
                                                     consistent with the acts standards.      With an approved
                                                     program, federal agencies, permitees, and licensees must
                                                     demonstrate that their proposed activities, (including certain
                                                     oil and gas activities on the outer continental shelf) are
                                                     consistent with the state's management program.

                                                     The Coastal Zone Management Improvement Act of 1980, as
                                                     amended in 1990 is administered by the secretary of
                                                     Commerce, who has delegated that authority to the Office of
                                                     Ocean and Coastal Resource Management in the National
                                                     Oceanic and Atmospheric Administration.

                                                     The second policy of the         act is to encourage state
                                                     responsibility for the resources of the coastal zone through
                                                     management programs. The programs should provide for:

                                                     ï¿½   The protection of natural resources;

                                                     ï¿½   the management of coastal development to minimize loss
                                                                  Z71
                                                         of life and property;

                                                     ï¿½   improve water quality;

                                                     ï¿½   public access to coastal recreation;

                                                         redevelopment of deteriorating urban waterfronts and
                                                         ports and preservation     and restoration of historic,
                                                         Cultural and aesthetic features; and


                     DRAFT 2/21/92                                                                              A-7






                                                                                            LEGAL APPENDIX



                                                           coordination with planning, conservation and wildlife
                                                           management agencies of the state and federal
                                                           government.

                                                        Program approval is based on the following requirements:

                                                        0  Must provide for management of land and water uses
                                                           having a direct and significant impact on coastal water,
                                                           and take steps to protect significant resources such as
                                                           wetlands, beaches, dunes and barrier islands.

                                                        0  must contain three broad classes of policies that relate to;
                                                           resource protection; management of coastal development;
                                                           and simplification of govemmental processes.

                                                        0  the policies Must be appropriate to the nature and degree
                                                           of management in the area, with resources identified as
                                                           subject to the program.

                                                        0  the policies, standards, objectives, and procedures by
                                                           which program decisions will be made must provide a
                                                           clear understanding of the content of the program.

                                                        WILD AND SCENIC RIVERS ACT

                                                        The Wild & Scenic Rivers Act is designed to protect rivers
                                                        and sections of rivers with environmental or recreational
                                                        value in their free-flowing condition, free from dams or
                                                        other construction.

                                                        Rivers are to be chosen based on considerations of water
                                                        quality and conservation of the "scenic, recreational,
                                                        geologic, fish and wildlife, historic, cultural, or other similar
                                                        values" that these rivers possess.         To facilitate this
                                                        conservation the act establishes the National Wild and Scenic
                                                        Rivers System which is made up of:

                                                           Wild riverareas:


                                                           scenic rivers areas;

                                                           recreational river areas.

                                                        Provisions are made for the acquisition of land, water areas
                                                        and "scenic" easements. There are restrictions on water
                                                        resources projects, mining and other disposal, in Wild and
                                                        Scenic River Areas.









                      DRAFT 2/21/92                                                                                  A-8






                                                                                          LEGAL APPENDIX


                                                        Eligible rivers must be a free-flowing stream, and must
                                                        possess values the act is trying to protect. Wild and Scenic
                                                        Rivers are administered by the Secretary of the Interior as
                                                        part of the National Park System. The Secretary of the
                                                        Interior encourages states to include Wild and Scenic River
                                                        protection in their comprehensive statewide outdoor
                                                        recreation plans.

                                                        NATIONAL FLOOD INSURANCE PROGRAM
                                                        (NFIP)

                                                        This program requires that all member communities
                                                        incorporate minimum construction standards for
                                                        development 'in flood hazard areas. These &tandards were
                                                        developed by the Federal Emergency Management Agency
                                                        (FEMA), and are based on 100 year floods, and include the
                                                        following:

                                                        ï¿½  Floodway Development - The floodway must be kept
                                                           clear so that floodwaters may discharge downstream.
                                                           Permits are required for any construction, and it must be
                                                           demonstrated that the construction will not increase flood
                                                           height; and

                                                        ï¿½  Floodway-fringe Development - Development may occur
                                                           in the floodway-fringe provided it complies with all
                                                           applicable elevation and flood-proofing standards.

                                                        Local governments mayalso use one or a combination of the
                                                        following strategies for guiding floodplain development:
                                                                       C)

                                                        0  Land Acquisition and Relocation - public ownership of
                                                           the floodplain can be used to prevent unwanted
                                                           development. Relocation, while expensive, is another
                                                           alternative;

                                                        9  Zoning Regulation - can be used to maintain low levels
                                                           of density in the floodplain. Nonconforming uses, such
                                                           as mUlti-family dwellings, can also be regulated;

                                                        0  Incentives and Disincentives - these include tax policies,
                                                           capital improvement policies, and whether or not to
                                                           participate in the NFIP,

                                                        &  Public information - can divert development away from
                                                           flood hazard areas by affecting private development
                                                           decisions.










                       DRAFT 2/21/92                                                                              A-9







                                                                                        LEGAL APPENDIX


                                                     LEAKING UNDERGROUND STORAGE TANK
                                                     PROGRAM (LUST)

                                                     In the early 1980's, the EPA discovered that a widespread
                                                     cause of groundwater contamination was leaking
                                                     underground storage tanks. The exclusion in Superfund, of
                                                     petroleum products, prevented the EPA from conducting
                                                     cleanup of groundwater contaminated by USTs. Storage
                                                     tanks were not regulated in any way because they contained
                                                     a product, not wastes which are regulated under RCRA.
                                                     Amendments in 1984 and 1986 created subtitlel of RCRA,
                                                     the underground storage tank program, known as the LUST
                                                     program.

                                                     The program directs the EPA to set national performance
                                                     criteria for tanks containing regulated substances.
                                                     Owners of existing tanks taken out of service after 1973 and
                                                     of new tanks after 1985 must send the state agency notice of
                                                     the tanks, including the age, size, type, location, and use of
                                                     each tank. Transporters must inform tank owners of the
                                                     notification policy, and anyone selling tanks, must also tell
                                                     the owner abOUt the notification policy. Exclusions from
                                                     LUST:

                                                     ï¿½  residential tanks I 1W gallons or less;

                                                     ï¿½  heating oil tanks for use on premises;

                                                        septic tanks;

                                                     ï¿½  ponds and lagoons;

                                                     ï¿½  stormwater collection systems;

                                                     ï¿½  above floor tanks.

                                                     WATER POLLUTION PREVENTION AND
                                                     CONTROL ACT OF 1991 (WPPCA)

                                                     Senate Bill 108 1, short titled the Water Pollution Prevention
                                                     and Control Act of 199 1, amends and reauthorizes the Clean
                                                     Water Act. Several of its 28 sections will have an effect on
                                                     the City's management of its water resources. Among these
                                                     are:


                                                     SECTION 8: Strengthens water quality provisions of the
                                                     Clean Water Act. States are to adopt use designations as
                                                     well as water and sediment quality standards for all water
                                                     bodies. States are also to designate outstanding national
                                                     resource waters and assure that the quality of such waters is
                                                     protected and maintained.





                     DRAFT 2/21/92                                                                             A-10






                                                                                          LEGAL APPENDIX


                                                       SECTION 12: Directs the EPA Administrator and local
                                                       control authorities (in this case the City of Richmond) to
                                                       promulgate regulations establishing pre-treatment standards
                                                       and local limits for the introduction of toxic and
                                                       nonconventional pollutants into sewage treatment plants.
                                                       Local limits must be established for each industrial user that
                                                       is not otherwise subject to a national pre-treatment standard.
                                                       The City of Richmond has an established pre-treatment
                                                       program required of all industrial users.

                                                       SECTION 14: Directs sewage treatment facilities serving
                                                       populations of 50,000 or more to develop and implement,
                                                       within three years of the adoption of the CWA
                                                       Reauthorization, a Toxic Reduction Action Program to
                                                       prevent the introduction of non-industrial toxic pollutants
                                                       into sewage treatment plants. This program will identify
                                                       categories Of Sources which contribute toxic pollutants to the
                                                       effluent treated at the sewage treatment plant (STP). The
                                                       local authority nIUSt then develop an interdiction program
                                                       which will keep the Pollutants associated with these sources
                                                       from the STP. Among the sources that must be identified
                                                       and considered in the proaram are:

                                                       ï¿½  Waste oil disposal,

                                                       ï¿½  household products.

                                                       ï¿½  car and truck washing operations;

                                                       ï¿½  medical and dental laboratories;

                                                          paint and related product disposal;

                                                       0  dry cleaning facilities; and

                                                       0  photofinishing facilities.

                                                       SECTION 15: Directs EPA to publish guidelines specifying
                                                       minimum elements of State non-point source pollution
                                                       management programs.

                                                       SECTION 16: Authorizes the EPA to support management
                                                       conferences for major river systems of national significance.
                                                       Management conferences are to assess the overall condition
                                                       and management plans to protect these resources. River
                                                       systems will be evaluated on the following criteria:

                                                       ï¿½  Rivers in which there are significant violations of quality
                                                          standards,

                                                       ï¿½  systems which require controls over point and non-point
                                                          Source pollution to protect a public water supply and a
                                                          balanced Population of fish, shellfish, and wildlife;



                      DRAFT 2/21/92                                                                              A-11






                                                                                          LEGAL APPENDIX


                                                       ï¿½  systems in which maintenance of the environmental
                                                          quality is necessary to protect a natural resource of
                                                          national significance; and

                                                       ï¿½  systems which are nominated by the Governor for
                                                          consideration.

                                                       SECTION 20: Requires States to inventory overflows from
                                                       combined stormwater systems (CSOs). Municipalities with
                                                       CSOs are to develop and implement CSO elimination
                                                       programs within three years of enactment of the CWA
                                                       Reauthorization. This program must identify system
                                                       modifications, BMPs, regulatory and non-regulatory
                                                       programs, and other measures to be taken for the elimination
                                                       of CSOs and must identify treatment methods for those
                                                       overflows that cannot be eliminated. These programs must
                                                       be implemented as expeditiously as possible; however, in no
                                                       case shall implementation be more than seven years after
                                                       program approval by the EPA (five years in the case of
                                                       "problem" water bodies).       Control programs must be
                                                       adequate to prevent overflows resulting from a one-year,
                                                       six-hOUr storm event.

                                                       RESOURCE CONSERVATION AND RECOVERY
                                                       ACT(RCRA)

                                                       RCRA regulates hazardous waste management and to a
                                                       lesser extent, the management of non-hazardous solid waste.
                                                       The purpose of the permit system of RCRA is to provide a
                                                       11 cradle to grave" system of documentation, identifying
                                                       hazardous waste and controlling its treatment, storage and
                                                       disposal. Facilities handling hazardous waste are classified
                                                       as a generator; a transporter; or a treatment, storage or
                                                       disposal (TSD) facility.

                                                       Each operation has its own set of regulations. Generators
                                                       must identify waste as hazardous and notify EPA and the
                                                       state authorities. Then they must prepare a manifest when
                                                       the waste is shipped off site, which would identify the waste
                                                       and and its Source. Transporters are given an identification
                                                       number and must carry the manifest with them and deliver
                                                       the manifest to the final destination.      When treatment
                                                       facilities accept waste they must return a manifest copy to the
                                                       generator.

                                                       Treatment, storage and disposal of hazardous waste at a
                                                       "facility " without a pemilt under RCRA or "interim status"
                                                       is prohibited. Interim status was provided by the EPA to
                                                       expedite the approval of state programs. Owners and
                                                       operators are responsible for obtaining a permit, without
                                                       which a facility cannot operate. Permits can be obtained
                                                       from the EPA or designated state agency, in states with
                                                       approved programs (see Virginia UST program). New
                                                       facilities must obtain permits prior to construction. Facility


                      DRAFT 2/21/92                                                                              A-12






                                                                                          LEGAL APEENDIX


                                                      permits consist of general requirements, categorical
                                                      requirements for the relevant category of facility, and often
                                                      requirements for the specific facility negotiated with the EPA
                                                      or the state agency. The general requirements include:

                                                          minimum design standards;

                                                      ï¿½   operating requirements;

                                                      ï¿½   evidence of financial responsibility;

                                                      ï¿½   liability insurance against third party claims for physical
                                                          injury and property damage;

                                                      ï¿½   closure and post closure requirements; and

                                                          subpart F imposes stringent groundwater monitoring
                                                          requirements.

                                                      The focus of categorical requirements has been on land
                                                      disposal because it can be the most detrimental to
                                                      groundwater.

                                                      To prevent contamination the EPA and Congress have
                                                      restricted disposal of liquids in landfills, established
                                                      performance standards to prevent leakage and phased out
                                                      land disposal of many hazardous substances.

                                                      Some of the new performance standards for new hazardous
                                                      waste facilities and for expansions of existing landfills and
                                                      Surface ImPOLindinents are:

                                                          there must be at least two liners, with a collection system
                                                          to collect leachate above and between the liners;

                                                      0   groundwater monitoring for leak detection; and

                                                      0   requirements for the phasing out of land disposal on an
                                                          automatic schedule.

                                                      While most of RCRA focuses on prevention' of
                                                      contamination, section 7003 addresses the problem of
                                                      remedying contamination which has already occurred.
                                                      Under 7003 EPA may sue in district court any past or
                                                      present owner or operator, any past or present generator,
                                                      and any past or present transporter, who has contributed or
                                                      is contributing to such handling, transportation, storage,
                                                      treatment, or disposal that would compel corrective actions.







                      DRAFT 2/21/92                                                                              A-13






                                                                                          LEGAL APEENDIX


                                                      COMPREHENSIVE                      ENVIRONMENTAL
                                                      RESPONSE COMPENSATION AND LIABILTY
                                                      ACT OF 1980 (CERCLA OR SUPERFUND).

                                                      CERCLA is administered by the EPA, and regulates the
                                                      identification and clean up of sites containing hazardous
                                                      substances. There are currently 21 Superfund sites, none of
                                                      which are in the city of Richmond. The purpose of
                                                      CERCLA is to remedy contamination after it has occurred.
                                                      Whenever there is a "release of a hazardous substance, or a
                                                      threat of release of a pollutant or contaminant, which may
                                                      present an imminent and substantial danger to the public
                                                      health or welfare, EPA may respond under Section 104 by
                                                      taking a "removal" action or a "remedial" action.

                                                      Procedures for both response and removal actions are set out
                                                      in a National Contingency Plan. Both actions are designed
                                                      to clean up contamination, particularly when no responsible
                                                      parties can be found, or required to do so.

                                                      To finance cleanup, a revolving trust fund (the Superfund) is
                                                      established through CERCLA, funded by taxes on
                                                      petrochemical feedstocks, crude oil, general corporate
                                                      income, and by general revenues. The funds may be
                                                      reimbursed for response costs by "responsible parties" for
                                                      the contamination. If responsible parties refuse to reimburse
                                                      the fund they can be Sued by EPA.                States, local
                                                      governments and private parties can be reimbursed from the
                                                      SuperfUnd. A list of sites , which EPA has received from
                                                      the states, members of Congress, private citizens and EPA
                                                      itself, comprise the Comprehensive Response Compensation
                                                      and Liability Information System (CERCLIS).

                                                      Each site oil tile list is reviewed in a preliminary assessment
                                                      to determine whether EPA has jurisdiction and whether there
                                                      is a substantial release or Substantial threat of release of a
                                                      hazardous Substance. Based on a site inspection, EPA
                                                      determines whether a removal, or long term remedial action
                                                      is necessary. If a remedial action is necessary, EPA must
                                                      first rank the site oil the National Priorities List (NPL).

                                                      Section 105 (a)(9)(A) requires the president to develop the
                                                      criteria for "takin- remedial action, and to the extent
                                                      practicable, taking into account the potential urgency of such
                                                      action, for the purpose of taking removal action". President
                                                      Reagan delegated this authority to the EPA in Executive
                                                      Order 12316.

                                                      EPA only engages in remedial action at sites on the NPL,
                                                      and must rank all releases on the list, in order of priority. To
                                                      rank sites, EPA must consider their relative risk, taking into
                                                      account, to the extent possible the population at risk, the
                                                      hazard potential of hazardous Substances at such facilities,
                                                      the potential for contamination of drinking water supplies,


                      DRAFT 2/21/92                                                                               A-14







                                                                                        LEGAL APPENDIX


                                                     and the potential for human contact. They must also
                                                     consider the potential for destruction of sensitive
                                                     ecosystems, and the damage to natural resources which may
                                                     affect the human food chain. They should also consider the
                                                     risk associated with any release or threatened release, of
                                                     contaminant-, into the ambient air, and state preparedness to
                                                     assure state costs, and responsibilities and other appropriate
                                                     factors.

                                                     The first step in a remedial action consists of two studies: a
                                                     it remedial investigation which evaluates the nature and
                                                     damage from the contamination" and a "feasibility study
                                                     which evaluates potential remedies." The state must agree
                                                     to provide at least 10 percent (50 percent for some sites
                                                     under state ownership) of initial cleanup costs and assume
                                                     responsibility for maintenance costs, except those for the
                                                     first ten years of groundwater treatment. A state may also
                                                     voluntarily assume EPA's role within the state. EPA must
                                                     publish notice of its final remedial plan and provide an
                                                     opportunity for public comment and a public hearing, and
                                                     publish notice of its final plan.

                                                     Since November 8, 1988, RCRA's prohibition against
                                                     disposal on land of untreated waste applies to wastes
                                                     generated in CERCLA cleanups. For Groundwater cleanup,
                                                     the water must be within the standards outlined in the Safe
                                                     Drinking Water Act.

                                                     Section 106 empowers the federal government to sue to
                                                     abate any "imminent and substantial endangerment to the
                                                     public health, or welfare of the environment caused by an
                                                     actual, or threatened release of a hazardous substance from a
                                                     facility." The government also may issue administrative
                                                     orders under section 106 "as may be necessary to protect
                                                     public health and welfare and the environment". EPA must
                                                     provide notice and an opportunity for informal public
                                                     participation in the selection of remedies under section 106.

                                                     Section 107 delineates the potentially responsible parties
                                                     (PRP's) for cleanup Costs under CERCLA. The first
                                                     category of PRP's inClUdes, generally any owner or operator
                                                     of a vessel or "facility". Persons who were owners and
                                                     operators of a facility at the time of disposal of any
                                                     hazardous substance are also potentially responsible. Also
                                                     included as responsible parties, are persons who arranged
                                                     for transportation of hazardous substances, or arranged for
                                                     treatment or disposal of hazardous substances, owned or
                                                     possessed by them at a facility for which response actions
                                                     are required.     Transporters who accept or accepted
                                                     hazardous substances for transport to a facility selected by
                                                     them, are the final category of PRP's.





                     DRAFT 2/21/92                                                                            A- 15







                                                                                      LEGAL APPENDIX


                                                    SUPERFUND                AMENDMENTS                    AND
                                                    REAUTHORIZATION ACT (SARA) TITLE III
                                                    (THE EMERGENCY PLANNING AND
                                                    COMMUNITV RIGHT-TO-KNOW ACT)

                                                    (SARA) Title III was enacted by Congress in order to create
                                                    a local and state emergency planning structure to cope with
                                                    hazardous materials and chemical disasters. SARA Title III
                                                    requires every facility which has on hand any "extremely
                                                    hazardous substance" in excess of established threshold
                                                    planning quantities to report this fact, and to plan for an
                                                    emergency response to any substance release. There are
                                                    currently 366 substances on the extremely hazardous
                                                    substances list, and the threshold planning amounts range
                                                    from one pound to 10,000 pounds. There is a separate list
                                                    of 304 toxic chemicals and 20 chemical compounds for
                                                    which a Toxic Chemical Release Inventory Reporting Form
                                                    must be filed if more than the threshold amount of any toxic
                                                    chemical is manufactured, processed, or otherwise used
                                                    dUring the prior calendar year.

                                                    In Virginia, SARA Title III is implemented by the Virginia
                                                    Emergency Response Council (VERC). The VERC is
                                                    required to supervise and coordinate local emergency
                                                    planning activities, and establish procedures for receiving
                                                    and processing requests for public information on the
                                                    existence and location of hazardous chemicals and extremely
                                                    hazardous substances. The VERC has divided Virginia into
                                                    114 Emergency Planning Districts. Each district has a Local
                                                    Emergency Planning Committee (LEPC), whose members
                                                    are appointed by the VERC. Each Qualifying Facility
                                                    (facilities which have reportable amounts of extremely
                                                    hazardous materials) must designate a facility emergency
                                                    coordinator. The coordinator acts as a liaison between the
                                                    facility and the VERC. SARA obligates each LEPC to
                                                    prepare an emergency plan to prepare a locality to respond to
                                                    releases of hazardous Substances within its boundaries.
                                                    Owners and operators of Qualifying Facilities are required to
                                                    notify the LEPC of any relevant changes in their status, and
                                                    must provide the LEPC information necessary for
                                                    developing and implementing the Emergency Plan.

                                                    HAZARDOUS MATERIALS TRANSPORTATION
                                                    ACT

                                                    Hazardous Material's Transportation Act empowers the
                                                    Secretary of Transportation to designate certain forms and
                                                    quantities of materials to be "hazardous." Among the
                                                    materials classified as hazardous are explosives, radioactive
                                                    materials, flammable materials, poisons, and compressed
                                                    gases. The Act also empowers the Secretary to develop
                                                    regulations which include criteria for the proper handling of
                                                    hazardous materials. These include levels of training and
                                                    number of personnel; the type and frequency of inspections


                     DRAFT 2/21/92                                                                           A-16






                                                                                        LEGAL APPENQIX


                                                     that may occur at facilities which generate or store hazardous
                                                     material for transportation; and specifications used for the
                                                     notification and labelling of hazardous materials. In addition
                                                     to these regulations, the Secretary may require that any
                                                     person who transports hazardous material, or causes
                                                     hazardous materials to be transported, to Tegister with the
                                                     United States Department of Transportation.

                                                     THE 1990 CLEAN AIR ACT AMENDMENTS

                                                     The Clean Air Act (CAA) of 1970 directed the EPA to
                                                     establish health effects-based national ambient air quality
                                                     standards (NAAQS) for certain designated air pollutants that
                                                     would, with an ample margin of safety, protect sensitive
                                                     populations from adverse effects. EPA was further directed
                                                     to review these standards periodically and to add or delete
                                                     pollutants based on Current evidence of health effects.

                                                     These designated pollutants are called critefia pollutants and
                                                     currently consist of:

                                                         sulfur dioxide (SO-0;

                                                         nitrogen dioxide (NOi);

                                                         carbon monoxide (CO);

                                                         ozone (03);

                                                         lead (Pb); and

                                                         suspended airborne particulate matter (dust) with a
                                                         particle size of less than ten microns in diameter (PM-
                                                         I ()).

                                                     The ambient concentration of these pollutants is measured
                                                     and an area either does or does not meet the standard. If an
                                                     area does not meet the standard it is classified as a
                                                     nonattainment area and control measures must be imposed to
                                                     bring the area into attainment. Under the original CAA no
                                                     distinction was made between areas just barely in violation
                                                     of the standard and those that gre 'atly violated the standard,
                                                     and in both cases the same length of time was given to reach
                                                     attainment Status. This arrangement was both inequitable
                                                     and unworkable.


                                                     The Clean Air Act Amendments of 1990 were enacted to
                                                     address the following issues:

                                                     ï¿½   Attainmentand maintenance of the NAAQS;

                                                     ï¿½   regulation of mobile Sources of air pollution;

                                                         regulation of toxic air pollutants;


                     DRAFT 2/21/92                                                                            A- 17







                                                                                        LEGAL APPENDIX



                                                     ï¿½   acid rain;

                                                     ï¿½   establishment of nationwide operating permit and fee
                                                         programs;

                                                         mitigation and reversal of stratospheric ozone depletion;

                                                         improvement of federal enforcement capabilities.

                                                     One of the first steps required under the new amendments is
                                                     the designation of those areas currently not in compliance
                                                     with the NAAQS.          The 1990 amendments classify
                                                     nonattainment areas according to the severity of their
                                                     pollution and give an appropriate length of time to achieve
                                                     attainment. Specific emissions control programs must be
                                                     implemented within the various classes of nonattainment
                                                     areas, and once an area is designated as nonattainment, all
                                                     applicable sources in that area must comply with the CAA-
                                                     mandated control programs. Additional control measures are
                                                     increasingly stringent as the area classification increases in
                                                     severity, and they are additive:      the control measures
                                                     required for one category are added to the controls required
                                                     in areas ranked below it in severity.

                                                     Designation of nonattainment areas involves both the
                                                     determination of the geographic boundaries of the area and
                                                     the assignment of a classification for the area. Each area
                                                     designated nonattainment is classified at the time of
                                                     designation as marginal, moderate, serious, severe, or
                                                     extreme, depending on the severity of the pollution. In
                                                     comparison, Tidewater is classified as marginal, Richmond
                                                     as moderate, Northern Virginia as serious, Baltimore as
                                                     severe, and Los Angeles as extreme. Most of the large
                                                                           L-
                                                     urbanized areas in the United States are classified
                                                     nonattainnient for at least one pollutant.

                                                     The classification is based on a "design value" or the extent
                                                     to which the measured air quality exceeds the standard for a
                                                     given P011LItant. Classifications are used to determine how
                                                     soon each area must achieve compliance with the NAAQS
                                                     and what measures must be implemented to control
                                                     Pollution.     Richmond is classified as a moderate
                                                     nonattainment area, which has a design value range of
                                                     between 0. 138 parts per million (PPM) and 0. 160 ppm.

                                                     Ozone is formed by a chemical reaction in the atmosphere
                                                     involving volatile organic compounds (VOCs), NOx, and
                                                     sunlight. It is measured hourly and in order to be classified
                                                     as nonattainnient, in area must exceed the standard more
                                                     than three times in three years. The NAAQS for ozone is
                                                     0. 12 ppm, and the design value for the Richmond region is
                                                     0. 142 pprn which exceeds the NAAQS by 0.022 ppm.



                     DRAFT 2/21/92                                                                             A-19







                                                                                               LEGAL APPENDIX


                                                          Air sampling has been conducted in the Richmond region
                                                          since Richmond, Chesterfield, and Henrico were designated
                                                          ozone nonattainnient areas in the late 1970's to determine
                                                          how much progress has been made toward attainment of the
                                                          federal standards for air quality. Air sampling stations are
                                                          located at the following locations:

                                                              Hanover County at Route 627 and Raven Run;

                                                              Henrico County at the Math-Science Center;

                                                              Charles City County at Shirley Plantation; and

                                                              Chesterfield County on Beach Road.

                                                          The CAA contains eleven sections or titles which detail
                                                          actions to be taken to improve air quality. Following is an
                                                          outline of those titles and the potential impact on the City and
                                                          its residents.

                                                          Title 1: Provisions for attainment and maintenance of
                                                          NAAOS

                                                          Requirements for Marginal Areas (Hampton Roads):

                                                              The state must submit a new source review permit
                                                              program for construction and operation of new and
                                                              modified sources. This permit program must be in place
                                                              by 11/92.

                                                              By 11/92, and every three years until attainment, the
                                                              state mUSt submit a comprehensive inventory of actual
                                                              emissions from all Sources of the relevant pollutant
                                                              (ozone).

                                                              By 11/92 the State must Submit a State Implementation
                                                              Plan (SIP) revision requiring sources of nitrogen oxides
                                                              (NOx) and volatile organic compounds (VOCs) to
                                                              submit emissions statements to the state each year
                                                              showing actual emissions for the source.

                                                          Requirements foi- Moderate Areas (Richmond):

                                                          In addition to the requirements for marginal areas, the
                                                          following reLlUirements apply to moderate nonattainment
                                                          areas:


                                                              The state Must SLibniit a plan to EPA by 11/15/93
                                                              providing for at least a 15% VOC emissions reduction
                                                              (measured from baseline averages over a six year period)
                                                              by 11/15/96. Generally, these reductions must come
                                                              from measures outlined in the SIP, not from federally
                                                              mandated aCt1O11S Such as motor vehicle emissions
                                                              reductions.


                          DRAFT 2/21/92                                                                              A- 19







                                                                                          LEG'AL APPENDIX



                                                      0   The state nILISt SUbmit, by 11/15/92, a revision to the SIP
                                                          provisions requiring reasonable available control
                                                          technology (RACT) oil all categories of all major sources
                                                          (emissions of 100 tons per year or more of VOCs).

                                                      0   The state must submit SIP revisions to require all
                                                          gasoline dispensing facilities with a monthly throughput
                                                          of 10,000 gallons or more to install Stage 11 vapor
                                                          recovery systems to recover gasoline vapors from the
                                                          fueling of motor vehicles by 11/15/92.

                                                      0   The state must submit a SIP revision that includes the
                                                          provisions necessary for a basic Inspection and
                                                          Maintenance (I/M) program,

                                                      .   Offset ratios required for new and modified sources shall
                                                          be at least 1. 15 to 1.

                                                      0   Attainment of ozone standard (0.012 ppm) required by
                                                          the end of 1996.

                                                      Additionally:

                                                      ï¿½   Failure to meet the requirements of the amendments may
                                                          cause the Richmond area to be reclassified as "serious"
                                                          which Would require additional controls.

                                                      ï¿½   Requirements for major VOC Sources apply to major
                                                          stationary Sources of NOx in all nonattainment areas.

                                                      ï¿½   By 1/15/93, EPA must issue control technique guidelines
                                                          for I I additional categories of stationary source VOC
                                                          emissions, giving priority to the most significant
                                                          contributors to ozone nonattainment.

                                                          By 11/15/92, EPA inust establish RACT requirements
                                                          for VOC emissions for marine vehicles during loading
                                                          and Unloading operations.
                                                                     i _-

                                                          The amendments created an Ozone Transport Region for
                                                          the I I coastal states frorn the Washington, D.C. area to
                                                          Maine. States in this region are to submit plans to EPA
                                                          to address ozone.

                                                      Title 11: Provision related to mobile Sources

                                                      Motor vehicles 1CCOUnt for almost half of the emissions of
                                                      VOCs and NOx, and up to 90% of the CO emissions in
                                                      urban areas. This problem is attributed to the rapid growth
                                                      in the number of vehicles on the road and the total miles
                                                      driven. This growth has offset a large portion of the
                                                      emission reductions gained from motor vehicle emissions
                                                      controls. Therefore, Title 11 establishes more stringent


                      DRAFT 2/21/92                                                                              A-20






                                                                                        LEGAL APPENDIX


                                                     motor vehicle emission standards. The bulk of this title is
                                                     Congress telling EPA what standards to impose on vehicle
                                                     manufacturers, and there is little or no role for local
                                                     jurisdictions or the general public.

                                                     The amendment,,, require the following-

                                                     0  Tighter emissions standards for automobiles and trucks.

                                                     0  A 50% reduction in the particulate emissions from urban
                                                        buses for the model year 1994. Alternatively fueled,
                                                        low-polluting urban buses may be required if particulate
                                                        matter standards cannot be met over the life of the
                                                        engine.

                                                        EPA must adopt regulations for on-board devices for
                                                        controlling vehicle refueling emissions to be in place
                                                        within one year of the issuance of the standards. These
                                                        requirements will be phased in and may eliminate the
                                                        need for Stage 11 vapor recovery.

                                                        Alternatively fueled, low polluting buses will be required
                                                        in moderate areas (such as Richmond) if EPA determines
                                                        that model year 1994 buses are not capable of
                                                        maintaining their pollution standard for the life of the
                                                        vehicle (250,(X)O miles).

                                                     Title III: AirToxic

                                                     Toxic air Pollutants are those Pollutants which are hazardous
                                                     to human health or the environment. The CAA of 1970
                                                     required EPA to list each hazardous air pollutant that was
                                                     likely to Cause in increase in deaths or in serious illnesses.
                                                     Within a year after listing, EPA was to establish emission
                                                     standards that Would apply to sources of the listed pollutant.
                                                     Unfortunately, the law was never implemented, and in 20
                                                     years EPA had listed only eight pollutants: mercury,
                                                     beryllium, asbestos, vinyl chloride, benzene, radionuclides,
                                                     inorganic arsenic, and coke-oven emissions. In comparison,
                                                     OSHA regulates 500 toxic chemicals in the workplace, and
                                                     Virginia in its own air toxics program regulates several
                                                     h U nd red.

                                                     The 1990 CAA amendments include a tech nology-based
                                                     standard to get the program moving again. A list of 189
                                                     toxic Pollutants (typically carcinogens, mutagens, or
                                                     reproductive toxins) W"as generated and a ten year schedule
                                                     requiring EPA to set standards for all major sources of those
                                                     pollutants was established. A major source is one which
                                                     emits more than ten tons per year of a single toxic or more
                                                     than 25 tons per year of any combination of toxics. In
                                                     addition the EPA must develop maximum achievable control
                                                     technology (MACT) standards for each category over the
                                                     next ten years. MACT standards will consider not only


                     DRAFT 2/21/92                                                                             A-21






                                                                                         LEGAL APPENDIX


                                                      Pollution Control equipment, but pollution prevention
                                                      methods as well, Such as substituting non-toxic chemicals
                                                      for the toxic ones currently in use. State and local air
                                                      pollution agencies will have primary responsibility to make
                                                      sure industrial plants rneet the standards.

                                                      Title IV: Acid rain deposition control

                                                      The objective of this section is to reduce national sulfur
                                                      dioxide emissions by ten million tons per year to below 1980
                                                      levels. It is estimated that most coal-fired power plants in
                                                      Virginia will not be impacted due to their use of "clean," or
                                                      low sulphur, coal. The CAA amendments allows utilifies to
                                                      trade allowances within their systems and/or buy and sell
                                                      allowances to and from other affected sources.


                                                      Title V: Permits

                                                      Heretofore, activities that created air pollution emissions
                                                      were required to have a permit to operate, but were not
                                                      inspected on a regular basis to determine operating
                                                      emissions. The CAA amendments of 1990 introduces
                                                      operating permits. These permits will be similar to NPDES
                                                      permits.

                                                      All sources subject to the permit program must submit a
                                                      complete perrnit application within 12 months of the effective
                                                      date of the program. This permit will be reviewed by EPA
                                                      and will be issued with a fixed term of up to five years.

                                                      Title VI: Enforcement


                                                      The CAA amendments establishes civil and criminal
                                                      liabilities for corporations that knowingly violate the CAA.
                                                      It also establishes authority for federal enforcement of state
                                                      programs that fail to enforce SIP.

                                                      THE AVIATION SAFETY AND NOISE
                                                      ABATEMENT ACT

                                                      The Aviation Safety and Noise Abatement Act authorizes
                                                      assistance to land use programs for reducing noise problems
                                                      between airports and surrounding incompatible uses. The
                                                      Secretary of Tran sport ation, after consultation with EPA and
                                                      any other appropriate federal, state, and interstate agencies,
                                                      had to promulgate regulations establishing a single system
                                                      for measuring noise and a single system for measuring the
                                                      exposure of individUalS to noise, and identify land uses that
                                                      are normally compatible with various exposures of
                                                      individuals to noise.

                                                      Airport operations are to submit to the Secretary a "noise
                                                      exposure map", setting out in accordance with the
                                                      regulations, any nonconipatible uses. Federal funding is


                      DRAFT 2/21/92                                                                             A-22






                                                                                             LEQ'AL APPENDIX


                                                        available to airport sponsors  for 11 airport noise compatibility
                                                        planning", which is tile development of information
                                                        necessary to prepare a noise exposure map or a noise
                                                        compatibility prograrn.       After submission of a noise
                                                        exposure map, an airport operation may submit a noise
                                                        compatibility program, after public notice and comment, as
                                                        well as consultation with local agencies, federal officials
                                                        with local responsibility for the airport, and air carriers using
                                                        the airport. The purpose of the program is to set forth
                                                        measures taken or proposed, for reduction and prevention of
                                                        noncompatible uses, including:

                                                        *   The implementation of any preferential runway system;

                                                        *   The implementation of any restriction on the use of such
                                                            airport by any type or class of aircraft based on the noise
                                                            characteristics Of Such aircraft;

                                                        *   The construction of barriers and acoustical shielding,
                                                            including the Soundproofing of public buildings;

                                                        *   The use of flight procedures to control the operation of
                                                            aircraft to redUce exposure of individuals to noise in the
                                                            area StirrOlinding the airport, and
                                                                            I

                                                        9   Acquisition of land and interests therein, including, but
                                                            not limited to, air rights, easements, and development
                                                            rights, SO as to assure the use property for purposes
                                                            which are compatible with airport operations.

                                                        The Secretary is authorized to provide grants for 80 percent
                                                        of the cost of any project to carry out all or part of a noise
                                                        compatibility program.

                       VIRGINIA LEGISLATION AND PROGRAMS

                                                        VIRGFINIA EROSION AND SEDIMENT
                                                        CONTROL LAW OF 1973

                                                        The Virginia Erosion and Sediment Control Law seeks to
                                                        provide control of soil erosion, sediment deposition, and
                                                        non-agriCUltural rUnOff, to prevent the degradation of state
                                                        waters. It is administered by localities and regional soil and
                                                        water conservation districts.

                                                        The Virginia Erosion and Sediment Control Law establishes
                                                        mininli.1111 standards for:

                                                        ï¿½   Stabilization of dellUded areas and soil stockpiles;

                                                        ï¿½   establishment of permanent vegetation;

                                                        ï¿½   protection of adjacent properties;



                       DRAFT 2/21/92                                                                                A-23







                                                                                        LEGAL APPENDIX



                                                         timing and stabilization of sediment control measures;
                                                         and


                                                         construction of sediment basins.

                                                     Any person engaging in "land disturbing" (i.e., clearing,
                                                     grading, excavating, transporting and filling of land) must
                                                     submit an Erosion and Sediment Control Plan to the local
                                                     government or conservation district. Exempt from this
                                                     requirement are:

                                                     *   Agricultural activities;

                                                     *   construction of septic tanks or fields;

                                                     0   preparations for construction of a single family home
                                                         (not subdivision development);

                                                     *   mining and oil and gas exploration;

                                                     0   public utility or railroad rights of way activities;

                                                     0   activities affecting less than 10,000 square feet; and

                                                     0   emergency work.

                                                     Enforcement actions include injunctive relief and penalties of
                                                     up to $2,000 and charges of a Class I misdemeanor.

                                                     STORMWATER MANAGEMENT ACT

                                                     The Stormwater Management Act was passed in the 1989
                                                     General Assembly, giving localities the option of adopting
                                                     Stormwater Management Plans.            The implementing
                                                     regulations promulgated by the Department of Conservation
                                                     and Natural Resources (DCNR) are related in their thrust:

                                                         Require management of post-development runoff so that
                                                         it is similar in quality to pre-development runoff,

                                                     ï¿½   establish minimum design criteria to control non-point
                                                         source pollution, localized flooding, and prevention of
                                                         stream channel erosion;

                                                     ï¿½   require long-term maintenance of stormwater
                                                         management control devices; and

                                                     ï¿½   require certain administrative procedures for local
                                                         programs.

                                                     Adoption of Stormwater Management Plans by localities is
                                                     not mandatory, and to date Richmond has not chosen to
                                                     adopt a plan according to the State guidelines.


                     DRAFT 2/21/92                                                                            A-24






                                                                                        LEGAL APPENDIX



                                                     SUBAQUEOUS BOTTOM LANDS

                                                     Subaqueous bottomlands, including river beds, stream beds,
                                                     and channels are all considered the property of the
                                                     Commonwealth of Virginia. As such, they are subject to
                                                     regulation. The VMRC is empowered to issue permits
                                                     which allow the encroachment upon state bottomlands.
                                                     These permits do not interfere with the riparian owners'
                                                     rights and privileges, which extend to the "mean low-water
                                                     mark." There are five exemptions from permitting:

                                                     0   Erection of authorized dams;

                                                     0   the lawful and permitted taking of shellfish;

                                                     *   federal navigation and flood-control measures;

                                                     0   piers, docks, terminals, and facilities owned by the State
                                                         and leased to localities; and

                                                     0   noncommercial private piers.

                                                     THE CHESAPEAKE BAY PRESERVATION ACT

                                                     The Chesapeake Bay Preservation Act was adopted by the
                                                     1988 Virginia General Assembly and requires local
                                                     governments to take specific actions to regulate development
                                                     as a means of protecting and improving water quality in the
                                                     Chesapeake Bay. The Act established the Chesapeake Bay
                                                     Local Assistance Board or (CBLAB), which promulgated a
                                                     set of regulations which must be adhered to by all
                                                     jurisdictions covered by the Act.

                                                     The Chesapeake Bay Preservation Act and the Regulations
                                                     require local designation of Chesapeake Bay Preservation
                                                     Areas (CPBAs). These areas include:

                                                     I . Resource Protection Areas (RPAs) consist of those lands
                                                         located "at or near the shoreline" that have an intrinsic
                                                         water quality value due to the ecological and biological
                                                         processes they perform. RPAs must consist of the
                                                         following:

                                                         ï¿½  Tidal shores;

                                                         ï¿½  tidal wetlands;

                                                         ï¿½  certain non-tidal wetlands; and

                                                         ï¿½  a 100' buffer area adjacent to the above and all
                                                         tributary streams.




                     DRAFT 2/21/92                                                                            A-25






                                                                                        LEGAL APPENDIX


                                                     2.  Resource Management Areas (RMAs), which consist of
                                                         those land types that if improperly used or developed
                                                         have a potential for causing significant water quality
                                                         degradation.    Local governments should consider
                                                         including the following in RMAs:

                                                             Isolated non-tidal wetlands;

                                                         0   100 year floodplains;

                                                         0   highly erodible soils and steep slopes;

                                                         9   highly permeable soils; or

                                                         *   other applicable lands.

                                                     3.  Intensely Developed Areas (IDAs), which consist of
                                                         those areas where "little of the natural environment
                                                         remains," and where the development of infill parcels is
                                                         permitted.

                                                     The Regulations require local governments to adopt
                                                     performance criteria for development within CBPAs, and to
                                                     amend appropriate land use ordinances. The following
                                                     performance criteria apply to all development in Chesapeake
                                                     Bay Preservation Areas:

                                                         Minimization of land disturbance;

                                                     ï¿½   preservafion of indigenous vegetation;

                                                     ï¿½   n-@inimization of impervious cover;

                                                     ï¿½   maintenance of best management practices;

                                                     ï¿½   erosion and sediment control ordinance compliance
                                                         required;

                                                     ï¿½   site plan review required;

                                                     ï¿½   septic system pump out required (every 5 years); and

                                                     ï¿½   either a 10% reduction in non-point source pollution
                                                         generated by a site or no increase over the existing,
                                                         depending on the type of development:                 new
                                                         development requires a no net increase in pollutant loads;
                                                         redevelopment requires a 10% reduction in pollutant
                                                         loads.

                                                     Development may take place in the RPA provided it meets
                                                     the following criteria:

                                                         It must be a water dependant use or must be
                                                         redevelopment of an existing use;


                     DRAFT 2/21/92                                                                            A-26






                                                                                         LEGAL APPENDIX



                                                      0  a Water Quality Impact Assessment must be performed;

                                                      0  a 100' vegetated buffer must be maintained (there are
                                                         provisions for reducing the buffer in certain situations);
                                                         and

                                                      0  certain recreation, transportation and infrastructure
                                                         activities are exempt from these criteria.

                                                      As presently proposed, approximately 3% of the City's land
                                                      area is within the Resource Protection Area. The Resource
                                                      Management Area for the City includes a 500' linear distance
                                                      from the RPA, plus the limits of the 100 year floodplain and
                                                      some isolated non-tidal wetlands as identified on the CBPA.
                                                      The RMA covers approximately 16% of the City's land area.
                                                      The City's Intensely Developed Areas (IDAs) are -found
                                                      primarily in the downtown area adjacent to the James River
                                                      and the canals..

                                                      THE VIRGINIA WETLANDS ACT

                                                      The Virginia Wetlands Act establishes three standards to
                                                      govern the use and development of wetlands:

                                                         Wetlands of primary ecological significance shall not be
                                                         altered [or] unreasonably disturbed;

                                                         Development in Tidewater Virginia shall be concentrated
                                                         in wetlands of lesser ecological significance, and in areas
                                                         apart from the wetlands; and

                                                         Guidelines promulgated by the VMRC. shall be
                                                         considered in applying the foregoing standards.

                                                      Exempted activities include:

                                                         Agricultural, silvicultural, and horticultural acfivities;

                                                         cultivation and harvest of shellfish and worms for bait;

                                                         maintenance and repair of roads and railways;

                                                         outdoor recreational activities that do not disturb the
                                                         wetlands;

                                                         construction and maintenance of noncommercial piers,
                                                         boat houses, and fences constructed so as to preserve
                                                         tidal flow;

                                                         construction of navigation aids;

                                                         maintenance of man-made drainage ditches;



                      DRAFT 2/21/92                                                                             A-27






                                                                                           LEGAL APPENDIX


                                                       0   governmental activities; and

                                                           activities undertaken pursuant to emergency decrees.

                                                       The Act presents a Model Wetlands Zoning Ordinance which
                                                       localities may adopt. Under this ordinance, a local wetlands
                                                       board is established and participates in the permitting
                                                       process. Under this ordinance, specific actions are outlined
                                                       which must be followed before development can occur in a
                                                       wetland.

                                                       PUBLIC WATER SUPPLY ACT

                                                       The State Department of Health regulates drinking water
                                                       quality pursuant to the Virginia Public Water Supply Act, by
                                                       issuing permits which require compliance with state and
                                                       national standards. The State Health Department also has the
                                                       primary responsibility for enforcing compliance with all
                                                       drinking water standardg, national and state, and any other
                                                       terms of the permits.

                                                       The State Department of Health has promulgated
                                                       Waterworks Regulations to guide its regulatory functions
                                                       under the Public Water Supply Act. These regulations
                                                       include:

                                                       ï¿½   Minimum health and aesthetic standards for pure water
                                                           (water fit for human consumption and domestic use) and
                                                           for water taken into waterworks;

                                                       ï¿½   Criteria for the siting, design and construction of water
                                                           supplies and waterworks;

                                                       ï¿½   Requirements for inspections and testing of water; and

                                                           Requirements for issuing permits.

                                                       If a water system provides water for human consumption
                                                       and has at least 15 service connections or regularly serves an
                                                       average of at least 25 individuals daily at least 60 days out of
                                                       the year, it is deemed to be a "waterworks" and is subject to
                                                       regulation. The term waterworks includes all structures,
                                                       equipment, and appurtenances used in the storage,
                                                       collection, purification, treatment and distribution of pure
                                                       water, except the piping and fixtures inside the building
                                                       where the water is delivered. Federal and state regulations
                                                       do not apply to:

                                                           Systems which consist only of distribution and storage
                                                           facilities (system does not have any water production or
                                                           treatment facilities);





                      DRAFT 2/21/92                                                                               A-28







                                                                                         LEGAL APPENDIX


                                                      ï¿½   Systems which obtain all its water from, but is not
                                                          owned or operated by, a public water system to which
                                                          regulations do apply;

                                                      ï¿½   Systems which do not sell water to any person; and

                                                          Systems which are not carriers that convey passengers or
                                                          interstate commerce.

                                                      The state Waterworks Regulations cover the same subjects
                                                      as the federal regulations, but provide one notable addition:
                                                      they require each waterworks to establish and enforce a
                                                      program of cross-connection control and backflow
                                                      prevention. Cross-connections are connections in the water
                                                      system which could allow "backflow" to occur. Backflow is
                                                      the flow of liquids into the water system from what should
                                                      be a discharge point, causing potential contamination of the
                                                      water system.


                                                      VIRGINIA UNDERGROUND STORAGE TANK
                                                      PROGRAM (UST)

                                                      The Virginia (UST) Program is administered by the State
                                                      Water Control Board (SWCB) as directed by state and
                                                      federal laws and regulations.

                                                          Federal UST Regulations:
                                                          Technical Standards Effective - December 22, 1988
                                                          Financial Regulation Effective - January 24, 1989

                                                          State UST Regulations:
                                                          Technical Standards Effective - October 25, 1989
                                                          Financial Regulation Effective - May 9, 1990

                                                      The State UST regulations go further than the federal by:
                                                      ï¿½   regulating all heating oil tanks greater than 5,000 gallons
                                                          capacity;
                                                      ï¿½   requiring notification of all UST's taken out of use
                                                          before January 1, 1974 yet still in the ground; and

                                                          by activating the Virginia Underground Petroleum
                                                          Storage Tank Fund (VUPSTF) for use in cleanups and
                                                          certain third party claims; and by using the VUPSTF for
                                                          demonstrating financial responsibility for tank owners
                                                          and operators above the state's per occurrence levels of
                                                          $50,000 for corrective action and $150,000 for third
                                                          party liability up to the federal $500,00041 million per
                                                          occurrence and $142 million annual aggregate levels.

                                                      The major state technical regulation requirements include:



                      DRAFT 2/21/92                                                                              A-29







                                                                                            LEGAL APPENDIX


                                                        New USTs (for tanks installed after December 22, 1988):

                                                        ï¿½ permit from local official;

                                                        ï¿½  release detection;

                                                        ï¿½  corrosion protection (tanks/pipes);

                                                           spill/overfill preventions; and

                                                           notification/tank status changes to SWCB.

                                                        Existing USTs (for tanks installed prior to December 22,
                                                        1988):

                                                        0  permit from local official;

                                                        *  release detection by December 22, 1989-1993 based on
                                                           tank age;

                                                        0  corrosion protection (tanks/pipes) by December 22,
                                                           1988;

                                                           spill/overfill protections by December 22, 1998; and

                                                           closure with site closure assessment.

                                                        SOLID WASTE MANAGEMENT REGULATIONS

                                                        The Solid Waste Management Regulations were promulgated
                                                        in 1988 by the Virginia Waste Management Board pursuant
                                                        to the Virginia Waste Management Act. The purpose of
                                                        these regulations is to establish standards and procedures for
                                                        the construction, operation, maintenance, closure and post-
                                                        closure of solid waste management facilities in order to
                                                        protect the public and the environment; to prevent and
                                                        eliminate the open dumping of solid waste; and to set forth
                                                        requirements for undertaking corrective action at solid waste
                                                        management facilities where environmental problems have
                                                        occurred.

                                                        The regulations "apply to all persons who manage or dispose
                                                        of solid wastes." They also provide for certain exemptions
                                                        and delayed compliance for certain existing facilities. The
                                                        regulations specifically exempt the composting of sewage
                                                        sludge at sewage treatment plants; land application of certain
                                                        wastes; management of hazardous waste; operation of
                                                        temporary solid waste storage or compaction facilities;
                                                        landfilling of inert material such as rocks, brick and concrete;
                                                        operation of wastewater treatment facilities; and handling
                                                        infectious wastes regulated by other Department regulations.

                                                        Under these regulations, all solid waste management
                                                        facilities must be permitted by the Virginia Waste


                      DRAFT 2/21/92                                                                                A-30






                                                                                            LEGAL APPENDIX


                                                        Management Board. The permit application, process is as
                                                        follows:


                                                        0  The applicant files a notice of intent with the DWNI,
                                                           which must give the exact location of the proposed
                                                           facility;

                                                        0  DWNI then notifies the local governing body that a
                                                           permit has been applied for. The local government must
                                                           certify that the location and operation of the proposed
                                                           facility is in compliance with all local ordinances. Upon
                                                           this certification, the application review process formally
                                                           begins;

                                                        0  Part A of the application includes information on the
                                                           suitability of the site to house a solid waste facility. The
                                                           DWM must notify the applicant within 15 days of
                                                           submission if Part A of the application is incomplete;

                                                        0  Upon approval of the Part A application, the applicant
                                                           may submit Part 13, which includes detailed plans for
                                                           construction and operation of the facility. Part B also
                                                           calls for financial assurance documentation, if the
                                                           applicant is not a governmental entity, to show that the
                                                           applicant will be able to adequately close and maintain
                                                           the site;

                                                           If the application meets all requirements a draft permit is
                                                           prepared and a notice of the availability of the proposed
                                                           draft permit is made in a local newspaper;

                                                        ï¿½  If requests for a public hearing on the proposed draft are
                                                           received by the DWM, a public hearing is scheduled and
                                                           notice is published at least 30 days in advance of the
                                                           heafing. The heafing is held by DWM within the local
                                                           government jurisdiction of the proposed facility; and

                                                        ï¿½  A public comment period extends for ten days after the
                                                           close of the hearing. A final decision to permit, deny a
                                                           permit, or amend the final permit is rendered by DWM
                                                           within 30 days of the close of the comment period.

                                                        The department may deny a pen-nit if:

                                                           the facility is not consistent with local ordinances;

                                                           the application is not complete;

                                                           the facility does not conform with siting standards;

                                                           the facility fails to comply with design, construction, or
                                                           operating standards;




                       DRAFT 2/21/92                                                                               A-31







                                                                                          LEGAL APPENDIX


                                                          the facility may have an adverse impact on the
                                                          environment; or

                                                          the facility fails to fulfill financial assurance
                                                          requirements.

                                                      INFECTIOUS              WASTE            MANAGEMENT
                                                      REGULATIONS

                                                      In May of 1990, the Waste Management Board promulgated
                                                      the Infectious Waste Management Regulations. Infectious
                                                      waste is defined as solid wastes which contain pathogens
                                                      with sufficient virulence and quantity that exposure to the
                                                      waste by a susceptible host could result in an infectious
                                                      disease. The regulations were promulgated in order to
                                                      establish standards and procedures pertaining to infectious
                                                      waste management in order to protect the public health and
                                                      public safety, and to enhance the environment and natural
                                                      resources.


                                                      The regulations apply to all persons who generate infectious
                                                      waste, own or operate infectious waste management
                                                      facilities, or allow infectious waste management facilities to
                                                      be operated on their property; and all existing infectious
                                                      waste management facilities, including those operating under
                                                      a permit on the effective date of the regulations. Any
                                                      infectious waste management facility must also comply with
                                                      the Solid Waste Management Regulations issued by DWM,
                                                      and any applicable sections of the Hazardous Waste
                                                      Management Regulations issued by the Department.

                                                      Exemptions to the regulations include:

                                                      0   composting of sewage sludge at the sewage treatment
                                                          plant of generation;

                                                      0   land application of wastes regulated by the State Board
                                                          of Health, the State Water Control Board, or any other
                                                          state agency with such authority;

                                                      0   wastewater treatment or pre-treatment facilities permitted
                                                          by the State Water Control Board; and

                                                      0   management of hazardous waste as defined and
                                                          controlled by the Virginia Hazardous Waste Management
                                                          Regulations to the extent that requirements of those
                                                          regulations are in conflict with the infectious waste
                                                          regulations.

                                                      Health care professionals who generate infectious waste in
                                                      the provision of health care services in their own office or in
                                                      the privatehome of a patient, provided the waste is disposed
                                                      of as follows:



                      DRAFT 2/21/92                                                                              A-32






                                                                                              LEGAL APPENDIX


                                                            Up to 64 gallons of infectious waste, other than sharps,
                                                            generated by health care professionals may be
                                                            accumulated, then it must be packaged and labeled
                                                            according to the regulations, and delivered within 14
                                                            days to a permitted infectious waste treatment or storage
                                                            facility.

                                                            Sharps must be packaged in rigid, leak-proof and
                                                            puncture-resistant containers and labeled in accordance
                                                            with the regulations and, prior to the container being
                                                            filled to capacity, delivered to a permitted infectious
                                                            waste treatment or storage facility.
                                                            The health care professional must transport, or arrange
                                                            for the transportation of infectious waste either directly,
                                                            by an employee, or by a transporter registered as such
                                                            with the DWM.

                                                        The regulations contain special requirements for storage
                                                        facilities, transportation, incineration, and steam sterilization
                                                        of infectious waste. In addition, the following permit
                                                        application and issuance process is outlined:

                                                            Any person who is required to have a permit must
                                                            complete an application and submit detailed information
                                                            as outlined in the regulations (including a certification
                                                            from the governing body of the locality in which the
                                                            facility will be located that the location and operation of
                                                            the facility are consistent with all applicable ordinances).

                                                            Upon receipt of a complete application, the DWM will
                                                            tentatively decide whether to prepare a draft permit or to
                                                            deny the application.

                                                            If a decision to deny the permit application is made, a
                                                            notice of intent to deny (a type of draft permit following
                                                            the same procedures as any draft permit) is issued. If the
                                                            DWM makes a final decision that the tentative decision
                                                            was incorrect, the notice of intent to deny shall be
                                                            withdrawn and a draft permit prepared.

                                                            If a draft permit is issued, public notice is given that
                                                            either a draft permit has been prepared or a hearing has
                                                            been scheduled.

                                                            Public notice of the preparation of a draft permit or the
                                                            intent to deny a permit application shall allow at least 45
                                                            days for public comment.

                                                            During the public comment period any interested person
                                                            may submit written comments on the draft permit and
                                                            may request a public hearing if no hearing has already
                                                            been scheduled.



                       DRAFT 2/21/92                                                                                 A-33







                                                                                        LEGAL APPENDIX


                                                        Public notice of a pLiblic hea6ngy 6all be given at leagt 30
                                                        days before the hearing.

                                                        When a final permit is issued the DWM will respond to
                                                        public comments, specifying which provisions, if any,
                                                        of the draft permit have been changed and the reasons for
                                                        the change; and, describe and respond to all significant
                                                        comments on the draft permit raised during the public
                                                        comment period and public hearing.

                                                     REGULATIONS FOR THE DEVELOPMENT OF
                                                     SOLID WASTE MANAGEMENT PLANS

                                                     In May of 1990, the Waste Management Board promulgated
                                                     Regulations for the Development of Solid Waste
                                                     Management Plans. The purpose of the regulations is to (1)
                                                     establish minimum solid waste management standards and
                                                     planning requirements for protection of the public health,
                                                     public safety, the environment, and natural resources
                                                     throughout the Commonwealth; to promote local and
                                                     regional planning that provides for environmentally sound
                                                     solid waste management with the most effective and efficient
                                                     use of available resources; (2) establish procedures and rules
                                                     for designation of regional boundaries for solid waste
                                                     management plans; (3) establish state, local government, and
                                                     regional responsibility for meeting the minimum recycling
                                                     rates of 10% by 1991, 15% by 1993 and 25% by 1995; (4)
                                                     establish procedures for withholding permits to local
                                                     governments for solid waste management facilities after July
                                                     1, 1992 pending approval of a solid waste management plan;
                                                     and (5) provide for a reasonable variance and exemption
                                                     process. The regulations apply to all cities, counties, and
                                                     towns or designated regions, regional planning distficts or
                                                     public service authorities and require the preparation and
                                                     submission of plans for the development of comprehensive
                                                     and integrated solid waste management plans that, at a
                                                     minimum, consider all components of the waste management
                                                     hierarchy of source reduction, reuse, recycling, resource
                                                     recovery.

                                                     THE CLEAN INDOOR AIR ACT

                                                     The Virginia Clean Indoor Air Act was passed by the
                                                     General Assembly during the 1990 session and regulates
                                                     smoking in public buildings.        According to the Act,
                                                     reasonable no smoking areas must be provided in:

                                                     ï¿½ Any building owned or leased by the Commonwealth or
                                                        any agency thereof-, and

                                                     ï¿½  any building owned or leased by a county, city, or town.

                                                     Moreover, smoking is prohibited in:



                     DRAFT 2/21/92                                                                             A-34






                                                                                       LEGAL APPENDIX


                                                        elevators;

                                                        public school buses;

                                                        common areas of any public school;

                                                        hospital emergency rooms;

                                                        local health departments;

                                                        polling places; and

                                                        indoor service or cashier lines.

                                                    Restaurants having a seating capacity of 50 people or more
                                                    must provide no smoking areas sufficient to meet customer
                                                    demand.

                                                    The Act delegates enforcement authority to the localities.
                                                    Thus far the City has not passed an ordinance attempting to
                                                    regulate smoking in public places; however, should the City
                                                    decide to pass such an ordinance the ordinance must prohibit
                                                    smoking in the areas identified in the Act, and may provide
                                                    for regulation of smoking in the following areas:

                                                        retail establishments of 15,000 square feet or more;

                                                        rooms in which public meetings are being held;

                                                    ï¿½   places of entertainment;

                                                    ï¿½   indoor recreational facilities; and

                                                    ï¿½   other public places.

                                                    Local ordinances cannot prohibit smoking in the following
                                                    areas:


                                                        Bars and lounge areas;

                                                        Retail tobacco stores;

                                                        Restaurants or other public places being used for private
                                                        functions;

                                                        Office or work areas not generally open to the public;

                                                        Areas of shopping malls external to retail stores; and

                                                        Lobby areas of hotels and motels.





                     DRAFT 2/21/92                                                                           A-35






                                                                                           LEGAL APPENDIX


                                                       VIRGINIA NOISE ABATEMENT POLICY

                                                       The State Noise Abatement Policy establishes consistent
                                                       criteria for providing noise abatement measures on all
                                                       proposed highway projects regardless of funding. The
                                                       policy mirrors the Federal Highway Administration (FHA)
                                                       Noise Abatement Criteria currently employed by VDOT for
                                                       federal aid projects. This policy applies only to proposed
                                                       highway construction and improvement projects, not to
                                                       existing highways.

                                                       The Virginia Department of Transportation (VDOT) will use
                                                       the following criteria in determining the need and feasibility
                                                       of noise abatement measures on all projects in the
                                                       commonwealth.

                                                           The guiding document for analysis and abatement of
                                                           highway traffic noise on all proposed highway projects
                                                           is the Federal Aid Highway Program Manual.

                                                           The source height for assessing traffic noise levels or
                                                           determining dimensions of a noise barrier are; 8 feet for
                                                           tractor trailers, 2.3 feet for medium trucks, and 0 feet for
                                                           automobiles.

                                                       ï¿½   Highway noise impacts beyond 1000 feet from the
                                                           roadway will not be considered in determining the need
                                                           of and the dimensions and cost of a noise barrier.


                                                       ï¿½   A noise abatement measure will be considered if,

                                                           1. It provides a minimum of 5 dB(A) attenuation
                                                           (positive noise benefit) and

                                                           2. The design year noise levels emanating from the
                                                           project eqUal or exceed the FHA Noise Abatement
                                                           Criteria for various land use categories; or

                                                           3. The design year noise levels emanating from the
                                                                         C@
                                                           project exceed existing noise levels by 10 dB(A) or
                                                           more.


                                                       ï¿½   A noise abatement measure will be considered not cost
                                                           effective if the cost exceeds $20,(M.00 per receptor.

                                                       ï¿½   Extenuating circumstances will be considered on an
                                                           individual project basis.

                                                       ï¿½   Responsibility for gathering all relevant information and
                                                           making recommendations on noise abatement will rest
                                                           with the joint FHA-VDOT Noise Abatement Committee
                                                           on federal aid projects and with VDOT on non-federal
                                                           aid projects.



                      DRAFT 2/21/92                                                                                A-36






                                                                                        LEGAL APPENDIX


                                                        Final determination on all noise abatement related issues
                                                        will be made by the Chief Engineer.

                                                     For non-federal aid projects the Policy requires:

                                                        a 50% contribution to the cost of abatement by the
                                                        locality through which the project traverses; and

                                                        the locality to have an ordinance requiring developers to
                                                        provide noise abatement for all new residential, and other
                                                        noise sensitive development         adjacent to existing
                                                        highways or known future highway corridors.

                     CITY OF RICHMOND LEGISLATION AND PROGRAMS

                                                     CITY'S        FLOODPLAIN                MANAGEMENT
                                                     ORDINANCE

                                                     The purpose of the Floodplain Management Ordinance is to
                                                     promote the public health, safety, and general welfare
                                                     through the establishment of comprehensive floodplain
                                                     management regulations designated to minimize loss of life
                                                     and property due to flooding conditions, prevent
                                                     unnecessary disruption of public funds for flood protection
                                                     and relief and contribute to the maintenance of a stable tax
                                                     base. The Virginia Erosion and Sediment Control Law is
                                                     administered by the City of Richmond as part of it
                                                     Floodplain Management Ordinance.

                                                     The requirements and procedures for review of proposed
                                                     development and land disturbing activity within designated
                                                     floodplain districts include provisions for:

                                                        Prohibiting development and land-disturbing activity
                                                        which, acting alone or in combination with other
                                                        development or activity, will cause unacceptable
                                                        increases in flood heights or velocities;

                                                     ï¿½  restricting or prollibiting certain development and land-
                                                        disturbing activity within areas subject to flooding;

                                                     ï¿½  requiring that development permitted in floodplain
                                                        districts be protected and/or floodproofed against
                                                        flooding and flood damage in accordance with applicable
                                                        provisions of the Virginia Uniform Statewide Building
                                                        Code;

                                                     ï¿½  controlling the alteration or relocation of watercourses,
                                                        channels, and floodplains, and controlling filling,
                                                        grading, and other land-diStUrbing activity within
                                                        floodplain areas in accordance with state and local
                                                        requiren4ents and procedures; and



                     DRAFT 2/21/92                                                                            A-37






                                                           LEGAL APPENDIX


                                      ensuring that those who develop land subject to flooding
                                      are aware of potential flood hazards and assume
                                      responsibility for their actions.


















































              DRAFT 2/21/92                                               A-38




                                                                                                                                                               I
                                                                                                                                                               t,



                                                                                                                                     NOAA COASTAL SERVICES CTA LIBRARY
                                                                                                                                I


                                                                                                                                     3 6668 14112874 6



























































                                                                                                                 I