Section 21-1102. ANTIDEGRADATION POLICY

 

1102.1 TIER I:  Existing instream water uses and the level of water quality necessary to protect the existing uses shall be maintained and protected. 

 

1102.2 TIER II:  If the water quality of the surface waters of the District exceeds the water quality criteria necessary to sustain the existing uses, those waters shall be maintained at that quality. The water quality will not be allowed to degrade unless the District finds, after full satisfaction of the inter-governmental coordination and public participation of the District’s continuing planning process as required in 40 CFR Part 130, that allowing lower water quality is necessary to accommodate important economic or social development in the area in which the waters are located. In allowing the degradation to lower water quality, the District shall ensure water quality adequate to protect existing uses fully. Further, the District shall ensure that the highest statutory and regulatory requirements for all new and existing point sources and all cost effective and reasonable best management practices for nonpoint source control.

 

1102.3 TIER III: Where high quality waters constitute an outstanding national resource, such as waters of the national and District parks and wildlife refuges and waters of exceptional recreational or ecological significance, those waters shall be designated Outstanding National Resource Waters (ONRW) and the water quality in the ONRW shall be maintained, protected and designated as below:

 

(a) New point and nonpoint source discharges, treated or otherwise, shall be prohibited in these segments;

 

(b) Increases in loadings or new pollutants from existing point and nonpoint source discharges shall be prohibited in these segments;

 

(c) Short-term degradation of the water quality shall be permitted after the permittee provides an opportunity for public participation; and submits to the Department a report that describes the matter on which the public was consulted; summarizes the views, significant comments, criticisms and suggestions of the public and other local and federal government agencies; and sets forth the specific responses in terms of modifications of the proposed action or an explanation for rejection of proposals made by the public and other local and federal government agencies. However, all practical means of minimizing the degradation shall be implemented; and

 

(d) Designation of ONRWs shall be adopted after full satisfaction of the intergovernmental coordination of the District's agencies and public participation provisions of the District’s continuing planning process as required in 40 CFR Part 130.

 

1102.4 SPECIAL WATERS OF THE DISTRICT OF COLUMBIA (SWDC):  Any segment or segments of the surface waters of the District that are of water quality better than needed for the current use or have scenic or aesthetic importance shall be designated as Special Waters of the District of Columbia (SWDC). The water quality in SWDC designated segments of the District's surface waters shall be maintained at or above the current level by implementing the following:

 

(a) Existing nonpoint source discharges, storm water discharges and storm sewer discharges to SWDC segments shall be controlled through implementation of best management practices and regulatory programs;

 

(b) Construction or development projects, such as roads, bridges, and bank stabilization of the streams in which a SWDC designated segment is located, which may lead to pollution of the water, shall be permitted on a case-by-case basis to ensure that there are no long-term adverse water quality effects and that no impairment of the designated uses of the segment occurs; or

 

(c) Short term degradation of water quality in a SWDC segment due to construction projects may be permitted provided that prior notice is given to the public and other local and federal government agencies, and provided that the builder of the construction project submits a report to the Department which summarizes the views, significant comments, criticisms and suggestions of the public and other local and federal government agencies; and sets forth the specific responses in terms of modifications of the proposed action or an explanation for rejection of proposals made by the public and other local and federal government agencies.

 

1102.5 The following waters of the District shall be designated as SWDC segments:

 

(a) Rock Creek and its tributaries, and

 

(b) Battery Kemble Creek and its tributaries.

 

authority

The Acting Director of the District Department of the Environment (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.), sections 5 and 21 of the Water Pollution Control Act of 1984, effective March 16, 1985 (D.C. Law 5-188; D.C. Official Code §§ 8-103.04 and 8-103.20), and Mayor’s Order 98-50, dated April 15, 1998, as amended by Mayor’s Order 2006-61, dated June 14, 2006.

source

Final Rulemaking published at 41 DCR 1075, 1077 (March 4, 1994); as amended by Notice of Final Rulemaking published at 47 DCR 284(January 21, 2000); as amended by Notice of Final Rulemaking published at 49 DCR 3012 (April 5, 2002); as amended by Notice of Emergency and Proposed Rulemaking published at 49 DCR 1706 (February 22, 2002); as amended by Notice of Final Rulemaking published at 52 DCR 9621(October 28, 2005); as amended by Final Rulemaking published at 57 DCR 9129, 9133-9135 (October 1, 2010).