Section 21-543. SOIL EROSION AND SEDIMENT CONTROL: REQUIREMENTS

 

543.1Erosion and sediment control measures shall be those the Department approves.

 

543.2The Department shall maintain a copy of its Standards and Specifications for Soil Erosion and Sediment Control on its website and make a hard copy available for review at its offices.

 

543.3Soil erosion and sediment control measures shall prevent transportation of sediment from the site.

 

543.4Waterway crossing and stream bank protection measures designed and installed in compliance with the Department’s Standards and Specifications for Soil Erosion and Sediment Control shall be assumed to be adequate for that purpose.

 

543.5A best management practice shall be protected from sedimentation and other damage during construction to ensure proper post-construction operation.

 

543.6Erosion and sediment control measures shall be in place before and during land disturbance, except as otherwise specifically stated.

 

543.7Erosion and sediment control measures shall be in place to stabilize an exposed area as soon as practicable after construction activity has temporarily or permanently ceased but no later than fourteen (14) days following cessation, except that temporary or permanent stabilization shall be in place at the end of each day of underground utility work that is not contained within a larger development site.

 

543.8Permanent stabilization of streets and parking areas shall be with base course crushed stone or other Department-approved measures.

 

543.9Measures shall be implemented and corrective action taken, including as specified by the Department, to prevent the discharge to District sewers or District waterbodies of erodible material or waste material including those materials that have been transported off site.

 

543.10A site disturbing greater than five thousand square feet (5,000 ft2) of land shall:

 

(a)Adhere to a Stormwater Pollution Prevention Plan (SWPPP) that:

 

(1) The Department provides in its Stormwater Management Guidebook,

 

(2) The Department approves as including the minimum measures in the Department-provided SWPPP; or

 

(3) Is required under the Construction General Permit issued by Region III of the United States Environmental Protection Agency; and

 

(b) Post a legible copy of the SWPPP on site.

 

543.11A person shall avoid work on a slope in excess of fifteen percent (15%), to the maximum extent practicable. Where avoidance is not practicable, the Soil Erosion and Sediment Control Plan for the site shall be designed, signed, and sealed by a professional engineer, licensed in the District of Columbia, and the applicant shall incorporate additional protection strategies which the Department may require in order to prevent erosion or transportation of sediments from the site.

 

543.12Except on an area that is undergoing construction, perimeter controls that disturb land, including dikes, swales, ditches, and perimeter slopes, shall be stabilized within one (1) week of initial land disturbance or redisturbance:

 

(a)On the surface of each disturbed area; and

 

(b) On each associated slope greater than three (3) horizontal to one (1) vertical (3:1).

 

543.13Runoff from the site shall be controlled by either diverting or conveying the runoff through areas with erosion and sediment control measures, such as through the installation of lined conveyance ditches, channels, or checkdams.

 

543.14Critical area stabilization shall be applied to each cut and fill slope:

 

(a) That is equal to or steeper than 3:1;

 

(b) That is flatter than 3:1 if the Department determines that the soil characteristics require it; and

 

(c) To every cut and fill slope when construction is out-of-season for planting and until permanent protection can be provided.

 

543.15If the Department determines that a cut and fill slope is likely to result in erosion by stormwater of sediment from the site onto adjacent property or a nearby waterbody, then the cut and fill slope shall be protected against erosion by the use of structural diversions that are protected by vegetation or matting, in a frequency and manner that a geotechnical or civil engineer licensed in the District of Columbia has determined, based on site conditions, is sufficient to prevent erosion.

 

543.16Stockpiled material:

 

(a)That is actively being used during a phase of construction shall be protected against erosion by establishing and maintaining perimeter controls around the stockpile; and

 

(b)That is not being actively used or added to shall be stabilized with mulch, temporary vegetation, hydro-seed or plastic within fifteen (15) calendar days after its last use or addition.

 

543.17Sediment traps or basins and other erosion and sediment controls shall be:

 

(a)Installed no later than the first phase of land grading;

 

(b) Installed as soon as new site-related runoff is detected; and

 

(c) Employed at all times to protect inlets or storm sewers below silt-producing areas.

 

543.18Debris basins, diversions, waterways, and related structures shall be seeded and mulched, or have sod or a stabilization blanket installed immediately after they are built.

 

543.19Construction site access measures to minimize off-site vehicle tracking shall:

 

(a) Be installed no later than the first day of construction;

 

(b) Stabilize each construction entrance;

 

(c) Include each additional measure required to keep sediment from being:

 

(1) Tracked, or otherwise carried, onto public streets by construction vehicles; and

 

(2) Washed into a storm drain or waterway; and

 

(d)Comply with all other Department requirements.

 

543.20Off-site accumulations of sediment:

 

(a)Shall be removed daily during construction; and

 

(b) Shall be removed immediately if the Department so requires after an inspection.

 

543.21Maintenance shall be performed to prevent stabilized areas from becoming unstabilized.

 

543.22A sign that notifies the public to contact the Department in the event of erosion or other pollution shall be prominently posted on every site subject to this chapter, and the sign shall:

 

(a) Be in plain view of and readable by the public at a distance of twelve feet (12 ft);

 

(b) Be placed at each entrance to the site or as directed by the Department; and

 

(c) Provide contact information identified by the Department, including telephone numbers and email address.

 

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 25 DCR 1033 (July 28, 1978); incorporating text of Proposed Rulemaking published at 24 DCR 10522 (June 9, 1978); 8 DCRR, Health Regulations (1965 Edition); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013).

EditorNote

Under the Final Rulemaking published at 25 DCR 1033 (July 28, 1978), the Department of Environmental Services adopted the Handbook for Erosion and Sediment Control (February, 1977). Sections 538 through 545 were published in that Handbook.