D.C. Mun. Regs. tit. 21, r. 21-534

Current through Register Vol. 71, No. 50, December 13, 2024

Rule 21-534 - STORMWATER MANAGEMENT: CERTIFICATION OF STORMWATER RETENTION CREDITS FOR A BEST MANAGEMENT PRACTICE OR LAND COVER INSTALLED BEFORE EFFECTIVE DATE OF STORMWATER RETENTION PERFORMANCE REQUIREMENTS

534.1

A person may apply for certification of a Stormwater Retention Credit (SRC) for a gallon of retention capacity in a Best Management Practice (BMP) or land cover installed before the end of Transition Period One (TP1) or in compliance with a Stormwater Management Plan approved by the Department before the end of TP1 if:

(a) The BMP or land cover was installed after May 1, 2009; and

(b) The retention capacity meets the requirements for certification of a SRC, with the modifications in this section.

534.2

A gallon of retention capacity in an existing BMP or land cover is eligible for SRC certification if it meets the following eligibility requirements:

(a) The gallon retained by the BMP or land cover shall:

(1) Be in excess of the water quality treatment requirements in the Department's stormwater management regulations in place at the time the project was approved, or, for a site that was not regulated, in excess of pre-project retention;

(2) Be no more than the SRC ceiling; and

(3) Not be installed to comply with a stormwater management requirement of a statute, regulation, or court order, including for:

(A) Reduction of Combined Sewer Overflows (CSOs) in compliance with the court-approved consent decree, including court-approved modifications, for reducing CSOs in the District of Columbia, except that retention capacity installed on an experimental basis as a requirement of the consent decree shall be eligible if a subsequent modification of the consent decree ends the requirement to maintain that retention capacity; or

(B) Compliance with a Watershed Implementation Plan established under a Total Maximum Daily Load for the Chesapeake Bay.

(b) An as-built Stormwater Management Plan (SWMP) shall document the design, installation, and operation of the BMP or land cover in sufficient detail for the Department to determine its retention capacity in compliance with the specifications and calculations in the Department's Stormwater Management Guidebook (SWMG);

(c) A Department inspection shall be successfully completed within six (6) months before the Department decides to certify an SRC; and

(d) An executed maintenance contract or a signed promise to follow the Department-approved maintenance plan for the period of time for which the certification of SRCs is requested.

534.3

For the purposes of certifying an SRC for a BMP or land cover installed before the end of TP1 or in compliance with a SWMP approved by the Department before the end of TP1, a person shall submit the following as a complete application:

(a) A completed, Department-provided application form;

(b) If applicable, a copy of the Department-approved SWMP for the BMP or land cover and the area draining into it, certified by a professional engineer licensed in the District of Columbia that the SWMP meets the requirements of this chapter;

(c) A copy of the as-built SWMP for the BMP or land cover and the area draining into it, certified by a professional engineer licensed in the District of Columbia that the SWMP meets the requirements of this chapter;

(d) Documentation of pre-project site conditions;

(e) An executed maintenance contract or a signed promise to follow a maintenance plan for the period of time for which the certification of SRCs is requested;

(f) A signed promise from the owner of the property on which the BMP or land cover is located to notify the Department if, during the period of time for which SRCs are certified, the property is sold or otherwise transferred to another person; and

(g) Other documentation that the Department requires to determine that the eligibility requirements for certification of SRCs are satisfied.

534.4

The Department may certify an SRC for a gallon of retention capacity in a BMP or land cover installed before July 1, 2013, only if:

(a) The first complete application for certification of an SRC for retention capacity in the BMP or land cover is filed on or before July 31, 2020; and

(b) Any subsequent complete application for certification of an SRC for retention capacity in the BMP or land cover is submitted not later than six (6) months after the end of the preceding period of time for which the Department had certified an SRC for the retention capacity.

D.C. Mun. Regs. tit. 21, r. 21-534

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.