Section 21-500. GENERAL PROVISIONS

 

500.1The provisions of this chapter shall be applicable to all sources of pollution affecting the Potomac River and its tributaries within the District of Columbia (the District) including pollution carried by stormwater runoff, discharges from barges and other vessels, and domestic and industrial waste.

 

500.2An activity which this chapter regulates shall be consistent with the purposes of this chapter.

 

500.3The purposes of this chapter are:

 

(a) To prevent and control the pollution of the Potomac River and its tributaries, and the waters of the District;

 

(b) To regulate land-disturbing activities for the protection of District waterbodies;

 

(c) To regulate major substantial improvement activities for the protection of District waterbodies;

 

(d) To prevent accelerated soil erosion and sedimentation;

 

(e) To prevent sediment deposit in the Potomac River and its tributaries, including the District sewer system; and

 

(f) To control health hazards due to pollution of the Potomac River and its tributaries.

 

500.4No person may commence an activity that this chapter regulates without obtaining an approval that this chapter requires.

 

500.5 A person’s compliance with this chapter shall not relieve a person of responsibility for damage to a person or property.

 

500.6No Department action under this chapter shall impose liability upon the District of Columbia for damage to a person or property.

 

500.7A person who is regulated under this chapter may authorize an agent to act for that person; however, authorizing an agent does not change or eliminate that person’s duty, responsibility, or liability.

 

500.8The Department may approve alternative media, including electronic media, for a document that this chapter requires to be submitted in Mylar, paper, or other specific media:

 

(a) If the alternative method will likely be as reliable for the Department’s use and less expensive for an applicant; or

 

(b) Upon good cause shown.

 

500.9An infiltration test does not require Departmental approval for groundwater quality protection provided that:

 

(a) No test shall go to a depth of greater than fifteen (15) feet below the ground surface;

 

(b) If a person conducting the testing smells or sees soil or groundwater contamination in the area of a test during or after the test, the boring or other hole made for the test shall be filled in accordance with best practices for wellhead protection, unless it is determined as a result of laboratory analysis that the groundwater or soil is not contaminated, as defined in the District of Columbia Brownfield Revitalization Amendment Act of 2000, effective June 13, 2001, as amended (D.C. Law 13-312; D.C. Official Code §§ 8-631 et seq) or the Underground Storage Tank regulations at 20 DCMR Chapter 62; and

 

(c) A Professional Engineer licensed in the District of Columbia shall certify the infiltration rate and that the test was carried out in compliance with this section and accepted professional standards. 

 

authority

Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985, as amended (D.C. Law 6-42; D.C. Official Code §§ 2-1801.01 et seq. (2007 Repl. & 2012 Supp.)); District Department of the Environment Establishment Act of 2005, §§ 101 et seq., effective February 15, 2006, as amended (D.C. Law 16-51; D.C. Official Code §§ 8-151.01 et seq. (2008 Repl. & 2012 Supp.)); National Capital Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Act of 2008, effective March 26, 2008 (D.C. Law 17-138; 55 DCR 1689), as amended by the Anacostia Waterfront Environmental Standards Amendment Act of 2012, effective October 23, 2012 (D.C. Law 19-192; D.C. Official Code §§ 2-1226.31 et seq.) (2012 Supp.)); The Soil Erosion and Sedimentation Control Act of 1977, effective September 28, 1977 (D.C. Law 2-23; 24 DCR 792), as amended by the Soil Erosion and Sedimentation Control Amendment Act of 1994, effective August 26, 1994, (D.C. Law 10-166; 41 DCR 4892; 21 DCMR §§ 500-15); Uniform Environmental Covenants Act of 2005, effective May 12, 2006, as amended (D.C. Law 16-95; D.C. Official Code §§ 8-671.01 et seq. (2008 Repl.)); Water Pollution Control Act of 1984, effective March 16, 1985, as amended (D.C. Law 5-188; D.C. Official Code §§ 8-103.01 et seq. (2008 Repl. & 2012 Supp.)); and Mayor’s Order 2006-61, dated June 14, 2006, and its delegations of authority.

source

Section 2 of the Soil Erosion and Sedimentation Control Act of 1977 (D.C. Law 2-2;3 24 DCR 792 (July 22, 1977)); as amended by 8 DCRR §§ 8-2:801 and 8-2:803, Health Regulations (1965 Edition); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013).