Section 21-503. INSPECTIONS, NOTICES OF WORK, AND APPROVALS OF CHANGES

 

503.1The Department may conduct an inspection of an activity regulated under this chapter, including emergency work that may otherwise be exempt, to ensure compliance with this chapter.

 

503.2The Department may require a change to an approved plan if the Department determines that a discrepancy between site conditions and the approved plan makes the plan inadequate to comply with the requirements of this chapter.

 

503.3A person may not change an approved plan or its implementation without Department approval, as follows:

 

(a) If the change is substantial, the person shall resubmit the revised plan to the Department for approval in accordance with this chapter; and

 

(b) If the change is not substantial, the person may secure written approval from the Department in the field or at the Department’s office.

 

503.4For the purposes of this chapter, a substantial change in an approved plan is a change in design, specification, construction, operation, or maintenance that the Department determines:

 

(a) May result in a failure to comply with a requirement of this chapter; or

 

(b) Has a significant effect on the discharge of pollutants to the District’s waters.

 

503.5The Department may require an additional inspection at a particular stage of construction by specifying that requirement in:

 

(a) The approved plan;

 

(b) The preconstruction inspection report; or

 

(c) The Department’s report of the preconstruction meeting.

 

503.6No person may proceed with work past a stage of construction that the Department has identified as requiring an inspection unless:

 

(a) The Department’s inspector has issued an “approved” or “passed” report;

 

(b) The Department has approved a plan modification that eliminates the inspection requirement; or

 

(c) The Department otherwise eliminates or modifies the inspection requirement in writing.

 

503.7A person shall communicate with the Department:

 

(a) In order to schedule a preconstruction meeting or field visit before commencement of a land-disturbing activity, contact the Department at least three (3) business days before the start of the land-disturbing activity;

 

(b) In order to schedule a preconstruction inspection before beginning construction of a Best Management Practice (BMP), contact the Department at least three (3) business days before the start of the construction;

 

(c) In order to schedule an inspection required for a stage of construction or other construction event, contact the Department at least three (3) business days before the anticipated inspection;

 

(d) For the completion of a land-disturbing activity, give notice to the Department within two (2) weeks of completion of the activity; and

 

(e) For the completion of a BMP, and to request a final construction inspection, give the Department one (1) week’s notice.

 

503.8The Department shall make reasonable efforts to accommodate a request for inspection outside of the Department’s normal business hours if the request:

 

(a) Is made during the Department’s normal business hours;

 

(b) Includes the information the Department requires, including the matters to be inspected, the location of the site work to be inspected, and details for site access; and

 

(c) Includes payment or proof of payment of the after-hours inspection fee.

 

503.9The Department shall determine whether work, construction, and maintenance complies with each approved plan, including conducting a final construction inspection and ongoing maintenance inspections of each BMP, land cover, and the site.

 

503.10The Department may require inspections, on a periodic or as-needed basis, of a BMP, land cover, and the site to ensure that maintenance is sufficient to achieve performance or eligibility requirements and to avoid harm to the environment or public health.

 

503.11A person shall allow the Department, upon presentation of Department credentials, to:

 

(a)Enter premises where a  practice, measure, or activity subject to this chapter is located or conducted, or where required records are kept, including locations where a retention BMP or land cover is voluntarily installed to generate a Stormwater Retention Credit or receive a stormwater fee discount;

 

(b)Access and copy a required record;

 

(c)Inspect a site, practice, measure, or activity subject to this chapter, including to verify sufficient maintenance; and

 

(d)Conduct sampling, testing, monitoring, or analysis.

 

503.12The Department may require as a precondition to its approval of an inspection that the applicant:

 

(a) Make available to the Department for the purposes of the inspection on site, or at the Department’s offices, the professional engineer responsible for certifying the "as-built" plans; and

 

(b) Secure the seal and signature of this professional engineer certifying that the as-built plans comply with this chapter.

 

503.13Upon notice, a person shall promptly correct work which the Department has found fails to comply with an approved plan.

 

503.14The Department shall not approve the issuance of a certificate of occupancy for a building until the Department has determined that the approved stormwater management plan for the building site has been implemented for:

 

(a) On-site stormwater management; and

 

(b) Required off-site retention.

 

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 2-23; 24 DCR 792 (July 22, 1977)), 8 DCRR §8-2:804, Health Regulations (1965 Edition); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013).