Section 21-530. STORMWATER MANAGEMENT: IN-LIEU FEE

530.1The base in-lieu fee established by the Department for a purpose of this chapter shall represent the full life-cycle cost for the Department to retain one gallon (1 gal.) of stormwater for one (1) year, including the following costs:

 

(a) Project planning;

 

(b) Project design;

 

(c) Project management;

 

(d) Construction and installation;

 

(e) Operations and maintenance;

 

(f) Project financing;

 

(g) Land acquisition;

 

(h) Administration of the in-lieu fee program; and

 

(i) Legal support for the in-lieu fee program.

 

530.2 The Department shall annually adjust the base in-lieu fee to account for inflation, using the Urban Consumer Price Index published by the United States Bureau of Labor Statistics.

 

530.3The Department may re-evaluate the costs underlying the in-lieu fee and re-base the in-lieu fee as the Department determines necessary.

 

530.4The Department shall provide notice in the D.C. Register prior to re-basing the in-lieu fee.

 

530.5An in-lieu fee payment shall be based on the in-lieu fee in effect at the time payment is made.

 

530.6An in-lieu fee payment shall:

 

(a) Be used solely to achieve increased retention in the District of Columbia;

 

(b) Be used to achieve increased retention in the Anacostia watershed, if the payment achieves Off-Site Retention Volume for an Anacostia Waterfront Development Zone site.

 

(c) Be deposited in the Stormwater In-Lieu Fee Payment Special Purpose Revenue Fund, established by The 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.).

 

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).