Section 21-527. STORMWATER MANAGEMENT: USE OF OFF-SITE RETENTION THROUGH THE IN-LIEU FEE OR STORMWATER RETENTION CREDITS

 

527.1A site that undergoes a major regulated project shall use off-site retention to achieve each gallon of its Off-Site Retention Volume (Offv).

 

527.2No person shall allow a portion of their Offv obligation to be unfulfilled for any period of time.

 

527.3A person shall achieve each gallon of Offv for each year by:

 

(a) Using one (1) Stormwater Retention Credit (SRC); or

 

(b) Paying the in-lieu fee to the Department.

 

527.4An obligation to use off-site retention for a gallon of Offv shall end if:

 

(a) On-site retention of the gallon is achieved in compliance with a Department-approved Stormwater Management Plan (SWMP); or

 

(b) Site redevelopment that follows a Department-approved SWMP occurs.

 

527.5No person shall use a SRC to achieve an Offv without obtaining the Department’s approval.

 

527.6Only the owner of a SRC may apply to the Department for approval to use a SRC to achieve an Offv.

 

527.7The Department shall track the use of off-site retention to achieve an Offv.

 

527.8An application to use a SRC to achieve an Offv shall be on a form that the Department provides and shall include:

 

(a) The unique serial number of the SRC; and

 

(b) Information about the site applying to use the SRC, including property location and stormwater management on the property.

 

527.9A person may use a Department-certified SRC without regard to the location within the District of the best management practice or land cover that generated the SRC, except as specified for an Anacostia Waterfront Development Zone site.

 

527.10The Department shall not approve an application to use a SRC to achieve an Offv if:

 

(a) The SRC has already been used to achieve one (1) year of Offv; or

 

(b) The Department has retired the SRC.

 

527.11The one (1)-year lifespan of a SRC and of the in-lieu fee begins on the date that it is used to achieve an Offv.

 

527.12A site’s obligation to use off-site retention to achieve its Offv shall begin on the date of successful completion of the Department’s final construction inspection.

 

527.13For each gallon of required Offv, the property owner shall provide the Department at least four (4) weeks before the proposed usage date:

 

(a) For use of a SRC, a completed application to use the SRC; and

 

(b) For use of an in-lieu fee:

 

(1) Notification of intent to use an in-lieu fee; and

 

(2) Proof of payment of the fee.

 

527.14If a lapse in satisfaction of the obligation to achieve an Offv occurs, the Department shall declare the property owner out of compliance and:

 

(a) Assess the property owner the in-lieu fee annually for each gallon of Offv;

 

(b) Pro-rate the assessment to the period of lapsed compliance if the property owner comes into compliance; and

 

(c) Assess an administrative late fee.

 

527.15 Upon receipt of a notice related to noncompliance with an obligation to achieve an Offv, the property owner shall immediately:

(a) Comply; and

 

(b) Pay fees and charges assessed.

527.16For a property owner who does not come into compliance within thirty (30) days after the date of the Department’s notice of a lapse in satisfaction of an Offv obligation and who owns an SRC that has not been used to achieve the Offv for another property, the Department may apply that SRC to the Offv obligation that is out of compliance.

 

527.17If the Department finds that an obligation has terminated or that its administration of payments would be improved, it may:

 

(a) Pro-rate the amount of SRCs used and adjust accordingly in the Department’s tracking system; and

 

(b) Pro-rate the in-lieu fee and refund.

 

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 35 DCR 21 (January 1, 1988); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013).