Section 21-518. STORMWATER MANAGEMENT: PLAN REVIEW PROCESS

 

518.1In order for the Department to approve a person’s proposed stormwater management plan (SWMP), the person and the Department shall undertake the process described in this section.

518.2The Department shall notify an applicant of each determination in the plan review process.

 

518.3The owner of a site shall submit an initial application for the Department’s approval of a major regulated project, including:

 

(a) Two (2) sets of the SWMP, certified by a professional engineer licensed in the District of Columbia; and

 

(b) Each supporting document specified in the Department’s Stormwater Management Guidebook (SWMG).

 

518.4The Department shall make an initial determination if an application is complete and:

(a) Accept the application for review;

(b) Accept the application for review, with conditions; or

 

(c) Reject the application for review, without prejudice to re-submission.

 

518.5Upon accepting an application for review, the Department shall determine if:

 

(a) The application requires additional information to determine whether or not it meets the requirements for approval;

 

(b) The application meets the requirements for approval;

 

(c) The application meets the requirements for approval, with conditions; or

 

(d) The application does not meet the requirements for approval and shall be disapproved, without prejudice to re-submission.

 

518.6If the applicant resubmits a SWMP after making changes, the re-submission shall contain a list of the changes made.

 

518.7The Department may conduct one (1) or more supplemental reviews of a re-submitted application.

 

518.8After receiving notification that an application meets the requirements for the Department’s approval, the applicant shall submit a final preconstruction application including:

 

(a) One (1) Mylar copy of the SWMP, certified by a professional engineer licensed in the District of Columbia;

 

(b) Seven (7) paper copies of the SWMP, certified by a professional engineer licensed in the District of Columbia; and

 

(c) Each supporting document specified in the Department’s SWMG.

 

518.9After the applicant submits a final preconstruction application that meets the requirements for the Department’s approval, the Department shall approve the plan, and provide the applicant with one (1) approved copy of the SWMP for the applicant to file at the Recorder of Deeds with the declaration of covenants and, if applicable, to record an easement.

 

518.10The Department shall issue the remaining approved paper copies of the approved SWMP to the applicant after the applicant submits proof to the Department:

 

(a) That the declaration of covenants and each applicable easement has been filed at the Recorder of Deeds; and

 

(b)That each applicable fee for Department services has been paid.

 

518.11The Department may issue the remaining approved paper copies of the approved SWMP to the applicant before the declaration of covenants is filed if:

 

(a) The Government of the District of Columbia has conditioned transfer of the property upon the successful acquisition of an approved SWMP or building permit; and

 

(b) The declaration is to be filed at closing.

 

518.12Within twenty-one (21) days of the Department’s final construction inspection, the applicant shall submit an as-built package, including:

 

(a) One (1) Mylar copy of the as-built SWMP certified by a professional engineer licensed in the District of Columbia; and

 

(b) Each supporting document specified in the Department’s SWMG.

 

518.13For a project consisting entirely of work in the public right of way, the requirement to submit an as-built SWMP can be met by the submission of a Record Drawing that:

 

(a) Documents the as-built construction of best management practices and related stormwater infrastructure; and

 

(b)Is certified by an officer of the contracting company for the project.

 

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

Final Rulemaking published at 60 DCR 10640 (July 19, 2013).