518.1In order for the Department to approve a person's proposed stormwater management plan (SWMP), the person and the Department shall undertake the process described in this section.
518.2The Department shall notify an applicant of each determination in the plan review process.
518.3 The owner of a site shall submit an initial application for the Department's approval of a major regulated project in accordance with § 500.10, including:
(a) One (1) electronic set of the SWMP, certified by a professional engineer licensed in the District of Columbia;(b) Each supporting document specified in the Department's SWMG; and(c) If requested by the Department, one (1) paper set of the SWMP, certified by a professional engineer licensed in the District of Columbia.518.4The Department shall make an initial determination if an application is complete and:
(a) Accept the application for review;(b) Accept the application for review, with conditions; or(c) Reject the application for review, without prejudice to re-submission.518.5Upon accepting an application for review, the Department shall determine if:
(a) The application requires additional information to determine whether or not it meets the requirements for approval;(b) The application meets the requirements for approval;(c) The application meets the requirements for approval, with conditions; or(d) The application does not meet the requirements for approval and shall be disapproved, without prejudice to re-submission.518.6If the applicant resubmits a SWMP after making changes, the re-submission shall contain a list of the changes made.
518.7The Department may conduct one (1) or more supplemental reviews of a re-submitted application.
518.8 After receiving notification that an application meets the requirements for the Department's approval, the applicant shall submit a final preconstruction application to the Department's submittal database in accordance with § 500.10, including:
(a) The complete electronic SWMP, certified by a professional engineer licensed in the District of Columbia; and(b) Each supporting document specified in the Department's SWMG.518.9 After the applicant submits a final preconstruction application that meets the requirements for the Department's approval, the Department shall approve the plan electronically through the Department's submittal database.
518.10 The Department shall provide the applicant with access to the approved plan in the Department's submittal database after the applicant submits proof to the Department:
(a) That the declaration of covenants and each applicable easement has been filed at the Recorder of Deeds; and(b) That each applicable fee for Department services has been paid.518.11 The Department may provide the applicant with access to the approved plan in the Department's submittal database before the declaration of covenants is filed if:
(a) The Government of the District of Columbia has conditioned transfer of the property upon the successful acquisition of an approved SWMP or building permit; and(b) The declaration is to be filed at closing.518.12 Within twenty-one (21) days of the Department's final construction inspection, the applicant shall submit an as-built package to the Department's submittal database, including:
(a) The complete as-built SWMP certified by a professional engineer licensed in the District of Columbia; and(b) Each supporting document specified in the Department's SWMG.518.13For a project consisting entirely of work in the public right of way, the requirement to submit an as-built SWMP can be met by the submission of a Record Drawing that:
(a) Documents the as-built construction of best management practices and related stormwater infrastructure; and(b) Is certified by an officer of the contracting company for the project.518.14 For single-family or two-family houses constructed as affordable housing, the Department may approve a SWMP that does not achieve the storm water management performance requirements of this chapter, provided that:
(a) All of the following conditions are satisfied:(1) Land-disturbing activity on any single record lot or tax lot is less than five thousand square feet (5,000 ft2);(2) The applicant submits a request to the Department using the procedure for a request for relief from extraordinarily difficult site conditions, as described in § 526;(3) The Department reviews the request using the same procedure by which the Department reviews and makes determinations for relief from extraordinarily difficult site conditions, as described in § 526; and(4) The Department determines that the project takes all practicable steps to comply with the storm water management performance requirements of this chapter; and(b) Within thirty (30) days of sale of the house that received SWMP approval pursuant to § 518.14, the purchaser shall provide proof to the Department that the purchaser's household income is no greater than eighty percent (80%) of Area Median Income. If the owner fails to provide proof, the Department may require full compliance with the storm water management performance requirements.518.15 For structures at public parks and trails for non- motorized vehicles, the Department may approve a SWMP that does not achieve the storm water management performance requirements of this chapter, provided that:
(a) The pre-project land cover is impervious cover or compacted cover;(b) The area consists solely of: (1) Pavilions, sheds, dugouts, or similar structures located at public parks that are less than two thousand five hundred square feet (2,500 ft2) each and do not include typical building infrastructure to support year-round use; or(2) Trails for pedestrians or non- motorized vehicles for projects that do not consist of reconstruction of a roadway and its adjacent sidewalks;(c) The applicant submits to the Department with the SWMP:(1) A detailed explanation of each opportunity for on-site installation of a BMP that was considered and rejected, and the reason for each rejection;(2) Evidence of site conditions limiting each opportunity for a BMP, including, as applicable: (A) Data on soil and groundwater contamination;(B) Data from percolation testing;(C) Documentation of the presence of utilities requiring impermeable protection or a setback;(D) Evidence of the applicability of a statute, regulation, court order, pre-existing covenant, or other restriction having the force of law;(E) The usability of space to achieve the proposed project purpose;(F) Lack of the minimum CDA required for a BMP to be effective;(G) The difficulty of conducting BMP maintenance; and(3) Evidence of the sensitivity of receiving water body to storm water runoff;(4) Evidence of the likelihood of runoff from the site to cause to erosion of land, transport of sediment, nuisance flooding; and(d) The Department determines that the project takes all practicable steps to comply with the storm water management performance requirements of this chapter.D.C. Mun. Regs. r. 21-518
Final Rulemaking published at 60 DCR 10640 (July 19, 2013); amended by Final Rulemaking published at 67 DCR 844 (1/31/2020)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.