D.C. Mun. Regs. r. 21-547

Current through Register Vol. 71, No. 23, June 7, 2024

Rule 21-547 - SOIL EROSION AND SEDIMENT CONTROL: RESPONSIBLE PERSONNEL

547.1

If a site involves a land disturbance of five thousand square feet (5,000 ft²) or more, the owner of the site and the site manager shall ensure that a responsible person is present or available as this section requires.

547.2

A responsible person shall, while the site is in a phase involving land-disturbing activity, ensure that the activity complies with this chapter by:

(a) Inspecting the site and its erosion and sediment control measures at least once biweekly and after a rainfall event to identify and remedy each potential or actual erosion problem;

(b) Being available to respond to each potential or actual erosion problem identified by construction personnel; and

(c) Being available to speak on site with the Department to remedy each potential or actual erosion problem.

547.3

A responsible person shall be:

(a) Licensed in the District of Columbia as a land surveyor, architect, or civil, environmental, or geotechnical engineer; or

(b) Certified through a training program that the Department approves, including a course on erosion control provided by another jurisdiction or professional association.

547.4

During construction, the responsible person shall have available on site proof of professional licensing or of successful completion of a Department-approved training program.

547.5

A Department-approved training program shall cover the following topics, as demonstrated in the training syllabus:

(a) The detrimental effects of sediment pollution to waterbodies;

(b) The benefits of proper and effective erosion and sediment control implementation and maintenance;

(c) The purpose and provisions of the District of Columbia erosion and sediment control laws, rules, and regulations;

(d) A description of sediment as a pollutant;

(e) The process of:

(1) Erosion;

(2) Sediment transport; and

(3) Sediment deposition;

(f) Proper implementation of erosion and sediment control;

(g) Recognition and correction of improperly implemented erosion and sediment controls;

(h) Proper maintenance of erosion and sediment controls; and

(i) Responsibilities of supervisory and enforcement personnel.

D.C. Mun. Regs. r. 21-547

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.