Section 21-523. STORMWATER MANAGEMENT: RESTRICTIONS

 

523.1The Department may restrict use of an infiltration Best Management Practice (BMP) to prevent contamination of soil or groundwater and require submittal of and compliance with a Stormwater Pollution Prevention Plan if:

 

(a) An applicant proposes to engage in a land use activity that has the potential to pollute stormwater runoff, as specified in the Department’s Stormwater Management Guidebook (SWMG); or

 

(b) Surface contamination is present at the site.

 

523.2 To prevent stormwater migration in underlying soil or groundwater in an area determined to have sub-surface contamination of soil or groundwater, the Department may:

 

(a) Prohibit use of an infiltration BMP; or

 

(b) Limit use of an infiltration BMP, including by requiring that an impermeable liner be used.

 

523.3The Department may require a BMP that receives runoff from a stormwater hotspot designated in the Department’s SWMG to include pollution control measures, including, as applicable, a baffle, skimmer, oil separator, grease trap, or other mechanism which prevents release of oil and grease in concentrations exceeding ten milligrams per Liter (10 mg/L).

 

523.4The Department may require a BMP that receives runoff from an animal confinement area to:

 

(a) Connect to a combined sewer, if DC Water approves the connection as not exceeding available capacity; or

 

(b) Include pollution control measures necessary to protect water quality standards of the receiving waterbody, if the runoff discharges directly to a waterbody or through the separate sewer system.

 

523.5No person shall use a coal tar product, or other toxic material, to seal a BMP.

 

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).