Section 20-207. PERMIT REQUIREMENTS FOR INDIRECT SOURCES

 

207.1On or after the effective date of this section, no person shall cause, suffer or allow the construction or modification of any indirect source without first obtaining a permit for the construction or modification from the Mayor; except that no permit shall be required for the construction or modification of:

 

(a)Residential premises, apartment houses, or housing subdivisions or other housing complexes designed to house less than fifty (50) families;

 

(b)Shopping and/or office and/or commercial facilities having less than fifty thousand (50,000) square feet of gross floor space;

 

(c)Entertainment and/or recreational facilities, including theaters, auditoriums, sports stadiums, bowling alleys, having a capacity to accommodate no more than four hundred (400) persons at any time;

 

(d)Parking facilities having a capacity of less than fifty (50) vehicles; and

 

(e)Other sources and classes of sources determined by the Mayor to have insignificant impact on air quality.

 

207.2On or after the effective date of this section, no person shall cause, suffer or allow the operation of any indirect source, the construction or modification of which required a permit under the provisions of § 207.1, without first obtaining a permit from the Mayor.

 

207.3Applications for permits shall be timely filed with the Mayor and shall:

 

(a)Identify the size, nature and location of the source;

 

(b)Contain all the following data, along with the basis for the data, that may apply to the proposed facility, projected for the following ten (10) years at yearly intervals, or at other meaningful intervals and reflecting normal conditions and expected worst conditions (e.g. traffic jam, poor diffusion conditions in the atmosphere):

 

(1)Number of persons and number of automobiles expected to enter and leave the facility per hour, classified by type of person (e.g., employee, tenant, customer, visitor, or guest);

 

(2)Percentage and number of person-trips expected to be made, classified by mode of travel (e.g., auto, taxi, bus, train, bicycle, walking) and by hour of day, type of person and any other appropriate and meaningful criteria;

 

(3)Expected periods of operation of the facility, classified by the different purposes that the facility is to serve;

 

(4)Expected average speed of the automobiles in the facility, classified by hour of day;

 

(5)The different highways, roads, streets, roadways and similar travel corridors expected to serve the vehicles that use the facility and the number of vehicles expected to use these travel corridors, classified by hour of day;

 

(6)The amounts of carbon monoxide expected to be emitted, per hour, from the travel corridors described in paragraph 5; and

 

(7)The expected carbon monoxide air quality at all critical receptor points in and around the facility and around the travel corridors described in paragraph 5 above;

 

(c)Contain detailed information on and discussion of the measures taken to minimize the vehicle-miles-of-travel (VMT) the facility induces including the following:

 

(1)The need for the facility;

 

(2)Alternate locations and designs of the facility;

 

(3)Inducements to use public transit and disincentives to use a private automobile (inducements and disincentives include high parking charges, purchase of regular and special services from transit agencies, climate controlled access to transit facilities, provision of attractive bus shelters and provision of free transit tokens to employees, customers and other persons);

 

(4)Restrictive covenants in leases concerning auto ownership of residents;

 

(d)Contain other information the Mayor requests that is necessary to perform a thorough evaluation of the air pollution aspects of the source;

 

(e)Show that the facility will not prevent or adversely affect the attainment or maintenance of any local or national ambient air quality standard;

 

(f)Show that adequate provisions will be made to monitor and record the performance and operating characteristics of the facility;

 

(g)Show that the facility will comply with all applicable requirements of this Title and of the District of Columbia Environmental Policy Act of 1989, effective October 18, 1989 (D.C. Law 8-36; D.C. Code § 6-981 et seq.);

 

(h)Demonstrate why more restrictive measures to minimize the VMT cannot be implemented;

 

(i)Contain the signature of the applicant or that of a person duly authorized to act for and on behalf of the applicant; and

 

(j)Be accompanied by a processing fee to be determined by the Mayor.

 

207.4Information already in the possession of the Mayor may be incorporated into the application by reference, provided the reference is clear and specific. Incorporation by reference, however, shall not relieve the applicant of the responsibility to submit the information when the Mayor requests it.

 

source

Final Rulemaking published at 47 DCR 8640 (October 27, 2000); as Final Rulemaking published at 47 DCR 9688 (December 8, 2000).