D.C. Mun. Regs. tit. 21, r. 21-1509

Current through Register Vol. 71, No. 37, September 13, 2024

Rule 21-1509 - TEMPORARY DISCHARGE AUTHORIZATION

1509.1

Temporary Discharge Authorization (TDA) Permits are issued for a limited period of time to Users who have a need to discharge directly or indirectly into a catch basin, manhole or other conduit that is connected to the combined sewer or sanitary sewer.

1509.2

All Users who are issued a TDA Permit shall comply with the requirements of this subchapter and the requirements of §§ 1501 -1503, 1506-1508, 1512, and 1514-1516.

1509.3

In an emergency situation, WASA may, upon request, authorize a User to discharge directly to a catch basin or manhole connected to the combined sewer or sanitary sewer for a limited period of time, provided the User submits a TDA Permit application within seventy-two (72) hours of the emergency situation.

1509.4

A TDA Permit may be issued to Users to permit the discharge of treated or untreated groundwater, surface water, storm water, or other discharges including but not limited to, swimming pool drainage, wash water, and hydrodemolition waters. TDA Permit's may be issued to permit the discharge of groundwater from remediation sites, dewatering at construction or restoration sites, and other sources.

1509.5

The TDA Permit may be issued under the following conditions:

(a) The discharge consists entirely of treated or untreated non-wastewater flows or other approved wastewater discharges and is being discharged to the combined sewer system or consists of contaminated non-wastewater flows or approved wastewater discharges to the sanitary sewer system in conformance to § 1501.16(a);

(b) The Users have no other reasonable means for disposal; and

(c) The average daily volume of discharge for treated or untreated non-wastewater flows or other approved wastewater is:

(1) Less than twenty-five thousand gallons per day (25,000 gal./day);

(2) Greater than twenty-five thousand gallons per day (25,000 gal./day) and the discharge (prior to treatment) does not exceed the District's Pretreatment Standards; or

(3) Greater than twenty-five thousand gallons per day (25,000 gal./day), the discharge (prior to treatment) exceeds the District's Pretreatment Standards, and WASA grants the User an exemption to discharge based on the duration, nature and location of the discharge. If WASA does not grant the User an exemption, the User shall apply for a Significant Non-Categorical Industrial User permit.

1509.6

TDA Permits shall have a maximum term of two (2) years and may be reissued as authorized by WASA, following submittal of a new application at least fourteen (14) days prior to the expiration of the TDA permit.

1509.7

The TDA Permit application shall include the following information:

(a) Name, address, and contact information;

(b) Project address (including square and lot number);

(c) Permit information, including, but not limited to, WASA's sheeting and shoring permit, and the District's sediment and erosion control permit, as applicable;

(d) Project description, including, but not limited to, a description of the proposed pretreatment facilities for contaminated sites;

(e) Description of discharge to include daily maximum flow and rate of discharge;

(f) Results from laboratory analysis of a representative sample of the water to be discharged (if applicable);

(g) Discharge location map;

(h) Design plan (for remediation projects), dewatering plan and geotechnical report (for construction projects), and site assessment report, if available; and

(i) Certification statement (included on the application) signed by an authorized representative of the applicant in accordance with § 1508.11.

1509.8

After evaluation of the information submitted, WASA may:

(a) Deny any application for a TDA Permit; or

(b) Issue an invoice for the applicable TDA Permit fees as provided in chapter 1 of this title. Upon payment, WASA shall issue a TDA Permit subject to terms and conditions provided in the TDA Permit.

1509.9

Upon review of the TDA Permit application or subsequent monitoring data, WASA may require the User to provide pretreatment of the wastewater prior to discharge to the District's wastewater system in accordance with § 1502.

1509.10

Any User that is issued a TDA Permit shall comply with all permit conditions as established by WASA. Discharge of wastewater without a permit shall be prohibited, unless authorized by WASA.

1509.11

Any User that is issued a TDA Permit shall monitor the volume of discharge and perform sampling and analysis of the wastewater discharged as required by the TDA Permit.

1509.12

Reports shall be submitted to WASA as required by the TDA Permit and shall include, but not be limited to, average daily flow, analytical data, and chain-of-custody documentation. All reports shall include the certification statement provided in § 1508.10 and shall be signed by an authorized representative in accordance with § 1508.11.

1509.13

A sanitary sewer service charge shall apply based on the measured quantity of water discharged to the wastewater system under the TDA Permit in accordance with D.C. Official Code § 34-2107 (2008 Repl.) and 21 DCMR § 207.

1509.14

Unless otherwise permitted under District law, the temporary discharge of groundwater or surface water to the District's wastewater system without a TDA Permit or in violation of a TDA Permit as provided in this section shall be subject to enforcement action as provided in § 15 of the Act and as provided in §§ 1513 and 1517.

1509.15

A TDA Permit may be suspended, terminated, or denied for good cause including, but not limited to, the following:

(a) Information indicating that the permitted discharge poses a threat to the District's wastewater system, WASA personnel, or the public;

(b) Violation of any terms or conditions of the TDA Permit;

(c) Obtaining a TDA Permit by misrepresentation or failure to disclose fully, all relevant facts;

(d) The unauthorized discharge of wastewater from non-domestic sources;

(e) Denying WASA personnel access to a facility for purposes of collecting a sample and/or obtaining instrument readings; and

(f) Failure to pay applicable fees.

1509.16

Users may petition the General Manager to reconsider the issuance, suspension, termination or denial of a TDA Permit or the terms or conditions of a TDA Permit within fifteen (15) calendar days of the effective date of the TDA Permit by submission of a Permit Appeal form. The submission of a Permit Appeal for reconsideration shall not stay compliance with TDA Permit conditions.

1509.17

Failure to submit a timely Permit Appeal for review shall be deemed to be a waiver of administrative appeal unless the General Manager grants a time extension.

1509.18

In the Permit Appeal, the User shall indicate the discharge permit provisions objected to, the reasons for the objection, and the alternative condition, if any, it seeks to place in the TDA Permit.

1509.19

The General Manager will review and make a final decision on the Permit Appeal. The General Manager will send the User the final decision.

1509.20

If the General Manager denies the Permit Appeal or the User is not satisfied with the General Manager's final decision, the Permittee may appeal the Permit Appeal decision as set forth in § 1519 by filing a petition for an administrative hearing within fifteen (15) calendar days of the date of the General Manager's final decision. The petition for an administrative hearing shall be filed in accordance with the requirements set forth in 21 DCMR § 412.

D.C. Mun. Regs. tit. 21, r. 21-1509

Final Rulemaking published at 33 DCR 6194, 6201 (October 10, 1986); as amended by Final Rulemaking published at 47 DCR 2948 (April 28, 2000); as amended by Notice of Final Rulemaking published at 59 DCR 1021, 1059 (February 10, 2012); amended by Final Rulemaking published at 68 DCR 482 (1/21/2022)

The Notice of Final Rulemaking published at 59 DCR 1021 (February 10, 2012) amended chapter 15 in its entirety , including renaming many of the sections. Section 1509 is formerly entitled "Temporary Discharge Authorization."

Authority: The Board of Directors (the Board) of the District of Columbia Water and Sewer Authority (DC Water or WASA) pursuant to the authority set forth in the Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996, effective April 18, 1996 (D.C. Law 11-111; D.C. Official Code §§ 34-2201.01, et seq.(2010Repl.)) and the Wastewater System Regulation Amendment Act of 1985, effective March 12, 1986 (D.C. Law 6-95; D.C. Official Code §§ 8-105, et seq. (2008 Repl. & 2011 Supp.)).