Section 20-7299. DEFINITIONS

 

7299.1When used in this chapter of this title, the following terms shall have the meanings ascribed:

 

Act - The District of Columbia Environmental Policy Act of 1989 (20 DCMR 7200).

 

Action - (i) a new project or activity directly undertaken by an agency, board, commission, or authority of the District government, or (ii) a project or activity that involves the issuance of a lease, permit, license, certificate, or other entitlement, or permission to act by an agency of the District government.

 

Adverse effects - any effect from a proposed action which has a significant negative environmental impact on the public health, safety, or welfare.

 

Affected ANC - the ANC within which the proposed action will be implemented and ANCs directly adjacent to that ANC.

 

ANC - Advisory Neighborhood Commission

 

Applicant - non-governmental party, institution, or corporation which applies to the District of Columbia government for a lease, permit, license, certificate, or other entitlement or permission to act.

 

Council - the Council of the District of Columbia

 

Critical stage - that phase of a proposed action where the cost of altering or abandoning the action outweighs the benefits to the environment.

 

DCRA - the District of Columbia Department of Consumer and Regulatory Affairs (DCRA).

 

EISF - Environmental Impact Screening Form.

 

EIS - Environmental Impact Statement.

 

Emergency - any immediate threat to the public health, safety, or welfare, or the quality of the environment for which an immediate response is required by the public or private sector.

 

Environment - the physical conditions that will be affected by a proposed action, including but not limited to, the land, air, water, minerals, flora, and fauna.

 

Functional Equivalent - the full and adequate description and analysis of the environmental impact of a proposed action by an agency, board, commission, or authority of the District government that examines or imposes environmental controls under procedures that provide for notice, opportunity for public comment, and

the creation of a reviewable record, where the description and analysis discusses impacts on the environment, as defined in these regulations, and includes information concerning, at a minimum, (1) the relationship of the proposed action to any applicable District or federal environmental standards; (2) any potential unavoidable adverse environmental impact from the project, if implemented; (3) any irreversible and irretrievable commitment of resources involved in the implementation of the project; (4) any significant impact on the use and conservation of energy resources; and (5) the cumulative impact of the project on the environment when considered in conjunction with other actions proposed concurrently by the applicant.

 

Hazardous substance - any solid, liquid, gaseous, or semisolid form or combination that, because of its nature, concentration, physical, chemical, or infectious characteristic, as established by the agency, may:

 

(a)Cause or significantly contribute to an increase in mortality or an increase in a serious irreversible or incapacitating reversible illness; or

 

(b)Pose a substantial hazard to human health or the environment if improperly treated, stored, transported, disposed of, or otherwise managed, including substances that are toxic, carcinogenic, flammable, irritants, strong sensitizers, or that generate pressure through decomposition, heat, or other means, and containers and receptacles previously used in the transportation, storage, use, or application of hazardous substances.

 

Lead agency - the District government agency designated by the Mayor to have primary responsibility for coordinating the preparation of an Environmental Impact Statement.

 

Major Action - any action that costs over 1 million dollars and that under § 7201.2 may have a significant impact on the environment, or any action that costs less than 1 million dollars and that under § 7201.4 imminently and substantially affects the public health, safety, or welfare.

 

Public Structure - any government-owned building, roadway, bridge, alley, sidewalk, curb, gutter, or utility, including structures and equipment related to the pumping or distribution of water, sanitary sewage, storm water, or combination of storm water and sanitary sewage.

 

Review Agency - DCRA.

 

Significant - the degree to which an action has a major impact on public health, safety, or welfare, or the quality of the environment.

 

Significant Negative Impact - any impact, which when considered in its entirety will result in a significant degradation of the environment.

 

source

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