D.C. Mun. Regs. r. 21-545

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

Rule 21-545 - SOIL EROSION AND SEDIMENT CONTROL: BUILDINGS, DEMOLITION, RAZING, AND SITE DEVELOPMENT

540.1

Erosion shall be controlled by the installation of gutters and downspouts as soon as practicable.

540.2

Measures shall be taken to achieve a non-eroding velocity for stormwater exiting from a roof or downspout or to temporarily pipe that stormwater directly to a storm drain.

545.3

The site work shall maximize the preservation of natural vegetation and limit the removal of vegetation to that which is necessary for construction or landscaping activity.

545.4

If site conditions preclude employment of other means of erosion control, the Department may approve installation of small dikes constructed along a low-lying perimeter area of a job site.

545.5

In an area along a waterbody, a buffer must be established:

(a) By not disturbing the land immediately adjacent to the waterbody, except to restore native vegetation;

(b) Of at least twenty-five feet (25 ft) on both sides of the water body, measured perpendicular to and horizontally from the top of bank; and

(a) With vegetation or other measure required by the Department to insure that the buffer acts as a filter to trap sediment and keep it onsite.

545.6

The Department may approve an exception to or modification of the requirement for a project to establish a buffer if:

(a) During construction, the project employs the control measures specified in the Department-approved Soil Erosion and Sediment Control Plan for the project; and

(b) By the end of construction and thereafter, the project:

(1) Achieves a 1.7 inch Stormwater Retention Volume (SWRv) for the area of land disturbance within the buffer, calculated using the SWRv formula in Section 520 of this chapter, with a P equal to 1.7 inches;

(2) Applies for relief from extraordinarily difficult site conditions for a portion of the 1.7 inch SWRv and achieves the treatment and off-site retention requirements for the volume of relief granted; or

(3) Receives a Department determination to grant relief for a portion of a the 1.7 inch SWRv, on-site treatment is not feasible, and the Department approves alternatives to on-site treatment that will help to protect or restore the waterbody for which the buffer is intended; and

(c) The land disturbance is:

(1) Required to construct, install, or repair a:

(A) Public trail for walking, biking, and similar purposes;

(B) Public point of access for boating, fishing, or viewing a waterbody; or

(C) Stormwater outfall or other utility line; or

(2) Required to enable development of the rest of the site in a manner that is similar to the proposed project.

D.C. Mun. Regs. r. 21-545

Final Rulemaking published at 25 DCR 1033 (July 28, 1978); incorporating text of Proposed Rulemaking published at 24 DCR 10522 (June 9, 1978); 8 DCRR, Health Regulations (1965 Edition); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013)

Under the Final Rulemaking published at 25 DCR 1033 (July 28, 1978), the Department of Environmental Services adopted the Handbook for Erosion and Sediment Control (February, 1977). Sections 538 through 545 were published in that Handbook.

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.