Section 20-3106. SPECIAL PROVISIONS

 

3106.1In addition to the provisions of §3105 and all other applicable provisions of this Chapter, the special provisions in this section shall apply to new construction and development involving the production and storage of certain materials and other kinds of activities occurring in any of the SFHAs in the District of Columbia.

 

3106.2Any new or substantially improved structure which will be used for the production or storage of any of the following materials or substances or which will be used for any activity requiring the maintenance of a supply (more than five hundred fifty (550) gallons or other comparable volume, or any amount of radioactive substances) of any of the following potentially dangerous materials or substances on the premises shall be subject to §§ 3106.3 and 3106.4 in addition to any other provisions of this Chapter:

 

(a) Acetone;

 

(b) Ammonia;

 

(c) Benzene;

 

(d) Calcium Carbide;

 

(e) Carbon Disulfide;

 

(f) Celluloid;

 

(g) Chlorine;

 

(h) Hydrochloric Acid;

 

(i) Hydrocyanic Acid;

 

(j) Magnesium;

 

(k) Nitric Acid and Oxides of Nitrogen;

 

(l) Petroleum Products (such as gasoline, fuel, and oil);

 

(m) Phosphorus;

 

(n)Potassium;

 

(o) Sodium;

 

(p) Sulfur and Sulfur Products;

 

(q)Pesticides (such as insecticides, fungicides, and rodenticides); and

 

(r) Radioactive substances, insofar as these substances are not otherwise regulated.

 

3106.3Where permitted within any SFHA, any structure of the kind described in § 3106.2 shall be constructed as follows:

 

(a) Elevated or designed and constructed to remain completely dry, up to at least one and one-half feet (1-1/2 ft.) above the base flood; and

 

(b) Designed to prevent pollution from the structure or activity during the course of a base flood.

 

3106.4Any structure as described in § 3106.2, or part thereof, that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication Non-Residential Floodproofing – Requirements and Certification (Technical Bulletin 3-93)” or its latest available version by FEMA from www.fema.gov, or with other equivalent watertight standards available in the FEMA library. 

 

authority

The Acting Director of the District Department of the Environment (the Department, or DDOE), in accordance with the authority set forth in the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8-151.01 et seq.), the Water Pollution Control Act of 1984, as amended, effective March 16, 1985 (D.C. Law 5-188; D.C. Official Code § 8-103.01, et seq.), the Soil Erosion and Sedimentation Control Act of 1977 (D.C. Law 2-23; codified at Chapter 21 of District of Columbia Municipal Regulations (DCMR), §§ 500 through 507), the District of Columbia Applications Insurance Implementation Act, (District of Columbia Law 1-64, D.C. Official Code § 6-501, et seq.), and Mayor’s Order 2006-61, dated June 14, 2006.

source

Final Rulemaking published at 32 DCR 6547. 6558 (November 15, 1985); as amended by Notice of Final Rulemaking published at 57 DCR 10776 (November 19, 2010).

EditorNote

20 DCMR 3106 is formerly entitled, "Application Review Procedures for Special Permits."