528.1Each owner or designee of each lot and parcel that is part of a site that undertook a major regulated project shall be responsible for maintenance required by the Stormwater Management Plan (SWMP) approved by the Department and shall record that responsibility in a declaration of covenants.
528.2The Department may assign maintenance responsibility for a Shared Best Management Practice (S-BMP) in an approved SWMP after considering:
(a) How maintenance will be achieved;(b) Each lot and parcel's responsibility relative to its reliance on each S-BMP and land cover to comply with this chapter;(c) Administrative feasibility; and(d) Accountability and enforceability.528.3The owner, governmental agency, or other person with maintenance responsibility shall ensure that a Best Management Practice (BMP) and a land cover on a lot or parcel is maintained in good working order if:
(a) The BMP or land cover was installed to meet the requirements of this chapter for a major regulated project; or(b) The Department certified a Stormwater Retention Credit for a gallon of retention capacity created by the BMP or land cover.528.4Natural land cover employed to comply with a retention requirement in this chapter shall not be converted to compacted or impervious land cover, unless the loss of retention capacity associated with the land conversion will be:
(a) Offset by a corresponding increase in retention capacity elsewhere on the site that complies with the requirements of this chapter; or(b) Offset by a corresponding increase in use of off-site retention that complies with the requirements of this chapter; and(c) The Department approves a change to the previously approved SWMP for the site, showing how the loss of retention capacity will be offset.528.5Compacted land cover employed to comply with a retention requirement in this chapter shall not be converted to impervious land cover, unless the loss of retention capacity associated with the land conversion will be:
(a) Offset by a corresponding increase in retention capacity elsewhere on the site that complies with the requirements of this chapter; or(b) Offset by a corresponding increase in use of off-site retention that complies with the requirements of this chapter; and(c) The Department approves a change to the previously approved SWMP for the site, showing how the loss of retention capacity will be offset.528.6Maintenance of each BMP and land cover shall comply with the applicable Department-approved SWMP, including promptly repairing and restoring each:
(h) Erosion or sediment control measure.528.7If the Department finds that a BMP or land cover is not being properly maintained:
(a) The Department may require that the condition be corrected; and(b) The governmental agency, owner, or other person charged with maintenance responsibility shall correct the condition.528.8If an owner or other person charged with maintenance responsibility fails or refuses to correct a condition as the Department directs, the Department may:
(a) Declare the owner or person out of compliance;(b) Take corrective action itself or through its contractor;(c) Assess the cost incurred and fees; and(d) Assess a fine or penalty.528.9If the Department determines that the condition of a BMP or land cover presents an actual or imminent harm to the environment or the public health, the Department may:
(a) Declare the owner or other person charged with maintenance responsibility to be out of compliance;(b) Take protective and corrective action itself or through its contractor without prior notice to the owner;(c) Assess the cost incurred and fees; and(d) Assess a fine or penalty.528.10Used soil media removed from a BMP receiving drainage from an area intended for use or storage of motor vehicles shall not be re-used for planting or as fill material and shall be disposed of in a landfill or at a transfer station for transport to a landfill.
528.11Non-vegetative waste material from cleaning, maintaining, repairing, and replacing a BMP shall be disposed of in a landfill, trash transfer station, or other facility for processing these materials in accordance with District and Federal law.
528.12 The Department may approve the elimination of an Offv obligation for a previously approved project that would not have an Offv obligation under §§ 517.7 or 518.14 provided that each on-site BMP is maintained in accordance with the approved SWMP for the project.
528.13 A person seeking Departmental approval to eliminate an Offv obligation in accordance with § 528.12 shall submit a request through the Department's submittal database and attach a letter explaining why the project qualifies for § 528.12. In determining whether to approve the request, the Department may consider the criteria in§§ 517.7 or 518.14.
528.14 If the Department approves the elimination of an Offv obligation, the Department may pro-rate the amount of SRCs used or in- lieu fee payment through the date of approval and return any unused SRCs or refund any excess in- lieu fee payment in accordance with § 527.17 and the applicant shall revise the declaration of covenants, if necessary, in accordance with § 529.4.
D.C. Mun. Regs. r. 21-528
Final Rulemaking published at 35 DCR 21 (January 1, 1988); as amended by 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.