D.C. Mun. Regs. r. 21-558

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

Rule 21-558 - STORMWATER FEE DISCOUNT PROGRAM: ELIGIBILITY

558.1

The stormwater fee discount program shall apply to each retail District of Columbia Water and Sewer Authority (DC Water) customer that pays the stormwater fee described in § 556 of this chapter.

558.2

The District Department of the Environment (Department) shall grant a stormwater fee discount to a customer that has installed an eligible Best Management Practice (BMP) on its property.

558.3

A customer shall have the right to apply for the stormwater fee discount beginning on the effective date of this section; except that, for a Simplified Application, the customer shall have the right to apply no earlier than one (1) year after the effective date of this section.

558.4

The Department shall calculate the discount to be applied to the customer's DC Water bill:

(a) As a recurring subtraction from the stormwater fee billed pursuant to § 556;

(b) Beginning no later than the billing period that follows DC Water's processing of the discount; and

(c) For the stormwater fee discount period that this chapter sets.

558.5

Notwithstanding any other provision of this section, if the customer installed an eligible BMP on its property before the effective date of this section, the discount shall begin to accrue as a Retroactive Discount on the later of:

(a) The eligible BMP's installation date; or

(b) May 1, 2009.

558.6

The Department shall calculate the Retroactive Discount that is to be applied to the customer's DC Water bill as an offset to the stormwater fee until the Retroactive Discount is zero (0).

558.7

To receive a Retroactive Discount, the customer must:

(a) Be otherwise eligible to receive a discount;

(b) Provide documentation verifying the date of installation;

(c) Prove that the practice installed is still functional;

(d) Allow the Department to inspect each BMP identified on the application; and

(e) Apply no later than one (1) year from the date on which the customer has the right to apply.

558.8

A customer seeking a stormwater fee discount shall, in order to be eligible for the discount:

(a) Be current on all billed stormwater fee payments;

(b) Submit a complete application to the Department, in a manner prescribed by the Department; and

(c) Unless applying via a Simplified Application, accurately describe in the application the design and performance of the BMP by referencing or submitting:

(1) The final stormwater management plan approval notice issued by the Department; or

(2) All of the following:

(A) Designs;

(B) Technical specifications; and

(C) Calculation of stormwater retention volume.

558.9

A BMP shall, in order to be eligible for the discount:

(a) Be fully installed and functioning;

(b) Retain or infiltrate stormwater runoff;

(c) Comply with all applicable construction codes;

(d) Be properly sized and located;

(e) Be designed and functioning in accordance with:

(1) Applicable industry and professional standards and specifications in effect at the time of installation; and

(2) The Department's Stormwater Management Guidebook; and

(f) Be subject to inspection by the Department.

558.10

As a requirement of continued eligibility, the customer shall:

(a) Properly maintain the BMP so that it continues to function as designed and approved; and

(b) Continue to allow the Department access to the property to inspect the BMP.

558.11

An approved discount shall expire on the first of:

(a) The end of the stormwater fee discount period provided in this chapter;

(b) The property or BMP is no longer eligible for the discount; or

(c) The property is sold or otherwise transferred to a new owner; except that the new owner may direct the Department to use the technical information from the earlier approved application in support of the new discount.

D.C. Mun. Regs. r. 21-558

Final Rulemaking published at 60 DCR 10732 (July 19, 2013); amended by Final Rulemaking published at 63 DCR 9665 (7/22/2016)

Authority: District Department of the Environment Establishment Act of 2005, effective February 15, 2006, as amended (D.C. Law 16-51; D.C. Official Code §§ 8-151.01 et seq. (2008 Repl. & 2012 Supp.)); the Comprehensive Stormwater Management Enhancement Amendment Act of 2008, effective March 25, 2009, as amended (D.C. Law 17-371; D.C. Official Code §§ 8152.01 et seq. (2008 Repl. & 2012 Supp.)); the Water Pollution Control Act of 1984, effective March 16, 1985, as amended (D.C. Law 5-188; D.C. Official Code §§ 8103.01 et seq. (2008 Repl. & 2012 Supp.)); and Mayor's Order 2006-61, dated June 14, 2006.