Section 20-7210. FINDING AS TO ENVIRONMENTAL IMPACT

 

7210.1The lead agency shall make a written finding, taking into account written and oral public comments, and the responses to those comments, that the EIS either:

 

(a)Identifies no adverse effect;

 

(b)Identifies an adverse effect, but the public health, safety, or welfare is not imminently and substantially endangered; or

 

(c)Identifies an adverse effect and the public health, safety, or welfare is imminently and substantially endangered.

 

7210.2The lead agency shall make a finding as to the environmental impact of the proposed major action within thirty (30) working days after completion of a public hearing, if one is required, or within thirty (30) working days of the close of the public comment period, if no public hearing is required.

 

7210.3If the lead agency makes a finding that the EIS identifies an adverse effect and that the public health, safety, or welfare is imminently and substantially endangered, the lead agency shall disapprove the project unless the lead agency or applicant submits mitigating measures or substitutes a reasonable alternative to avoid the danger.

 

7210.4If the lead agency makes a finding that the final EIS identifies no adverse effect, or identifies an adverse effect and the public health safety or welfare is not imminently and substantially endangered, the proposed action shall be approved with respect to the requirements of Law 8-36.

 

7210.5The lead agency's written finding shall be published in the D.C. Register.

 

source

Final Rulemaking published at 44 DCR 2799 (May 9, 1997).