D.C. Mun. Regs. r. 21-516

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 21-516 - STORMWATER MANAGEMENT: APPLICABILITY

516.1

No person shall engage in a major regulated project unless the Department has issued an approved stormwater management plan (SWMP) for the project.

516.2

Application for Department approval of a SWMP for a major regulated project shall be made by at least one (1) of the following persons:

(a) The owner of a property on which a major regulated project is planned;

(b) The lessee who undertakes a major regulated project, with the owner's permission, on a property that the lessee has leased; or

(c) The agent of the owner or lessee.

516.3

In preparing and implementing a SWMP, or a part of a SWMP, a person must comply with:

(a) This chapter;

(b) The terms and conditions of the SWMP once approved; and

(a) The Department's orders and directions to achieve compliance with the approved SWMP.

516.4

A major regulated project shall comply with the requirements and procedures of this chapter unless a provision exempts compliance.

516.5

The owner of a site on which a major regulated project occurs and each person to whom the owner has designated responsibility for management of the site shall ensure that the site complies with the approved SWMP for the site until site redevelopment that follows a Department-approved SWMP occurs.

516.6

Responsibility for compliance with an approved SWMP for a site shall pass to a subsequent owner of the site and each person to whom that owner designates responsibility for the management of the site until site redevelopment that follows a Department-approved SWMP occurs.

516.7

No person shall engage in a project for the generation of a Stormwater Retention Credit unless the Department has issued an approved SWMP for the project, except as otherwise provided in this chapter.

D.C. Mun. Regs. r. 21-516

Final Rulemaking published at 60 DCR 10640 (July 19, 2013)

Authority: Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985, as amended (D.C. Law 6-42; D.C. Official Code §§ 2-1801.01 et seq. (2007 Repl. & 2012 Supp.)); District Department of the Environment Establishment Act of 2005, §§ 101 et seq., effective February 15, 2006, as amended (D.C. Law 16-51; D.C. Official Code §§ 8-151.01 et seq. (2008 Repl. & 2012 Supp.)); National Capital Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Act of 2008, effective March 26, 2008 (D.C. Law 17-138; 55 DCR 1689), as amended by the Anacostia Waterfront Environmental Standards Amendment Act of 2012, effective October 23, 2012 (D.C. Law 19-192; D.C. Official Code §§ 2-1226.31 et seq.) (2012 Supp.)); The Soil Erosion and Sedimentation Control Act of 1977, effective September 28, 1977 (D.C. Law 2-23; 24 DCR 792), as amended by the Soil Erosion and Sedimentation Control Amendment Act of 1994, effective August 26, 1994, (D.C. Law 10-166; 41 DCR 4892; 21 DCMR §§ 500 -15); Uniform Environmental Covenants Act of 2005, effective May 12, 2006, as amended (D.C. Law 16-95; D.C. Official Code §§ 8-671.01 et seq. (2008 Repl.)); Water Pollution Control Act of 1984, effective March 16, 1985, as amended (D.C. Law 5-188; D.C. Official Code §§ 8-103.01 et seq. (2008 Repl. & 2012 Supp.)); and Mayor's Order 2006-61, dated June 14, 2006, and its delegations of authority.