5835634 Energy and Environment, Department of - Notice of Proposed Rulemaking - Stormwater Fee Discount Program
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DEPARTMENT OF ENERGY AND ENVIRONMENT
NOTICE OF PROPOSED RULEMAKING
Stormwater Fee Discount Program
The Director of the Department of Energy and Environment (DOEE or Department), pursuant to the authority set forth in the District Department of the Environment Establishment Act of 2005, effective February 15, 2006, as amended (D.C. Law 16-51; D.C. Official Code §§ 8-151.01 et seq. (2013 Repl.)); the Comprehensive Stormwater Management Enhancement Amendment Act of 2008, effective March 25, 2009, as amended (D.C. Law 17-371; D.C. Official Code §§ 8‑152.01 et seq. (2013 Repl.)); 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. (2013 Repl.)); Mayor’s Order 2006-61, dated June 14, 2006; and Mayor’s Order 2015-191, dated July 23, 2015, hereby gives notice of the intent to adopt the following amendments to Chapter 5 (Water Quality and Pollution) of Title 21 (Water and Sanitation) of the District of Columbia Municipal Regulations (DCMR), in no less than thirty (30) days from the date of publication of this notice in the D.C. Register.
The proposed rulemaking aligns DOEE’s administrative enrollment process with DC Water's existing billing practices by commencing a discount when DC Water posts it to the customer's account; provides a greater discount for green infrastructure that receives runoff from compacted cover; and allows greater flexibility in calculating discounts for rainwater harvesting practices.
Chapter 5, WATER QUALITY AND POLLUTION, of Title 21 DCMR, WATER AND SANITATION, is amended as follows:
Section 558, STORMWATER FEE DISCOUNT PROGRAM: ELIGIBILITY, is amended as follows:
Subsection 558.4 is amended to read as follows:
558.4 The Department shall calculate the discount to be applied to the customer’s DC Water bill:
(a) As a recurring subtraction from the stormwater fee billed pursuant to § 556;
(b) Beginning no later than the billing period that follows DC Water’s processing of the discount; and
(c) For the stormwater fee discount period that this chapter sets.
Section 559, STORMWATER FEE DISCOUNT PROGRAM: DISCOUNT CALCULATION, is amended as follows:
Subsection 559.2 is amended to read as follows:
559.2 The stormwater fee discount shall be calculated as follows:
(a) Determine, in gallons, the maximum volume of stormwater runoff retained by the eligible Best Management Practice (BMP) during a one and two-tenths-inch (1.2 in.) rainfall event;
(b) Divide the step “(a)” result by seven hundred ten and seventy-five hundredths gallons (710.75 gal.) per Equivalent Residential Unit (ERU) (the number of gallons of stormwater runoff per ERU that would be generated by a one and two-tenths-inch (1.2 in.) rainfall event);
(c) Multiply the step “(b)” result by the maximum allowable discount percentage; and
(d) Multiply the step “(c)” result by the stormwater fee per ERU specified in § 556;
(e) Except that, for a rain barrel, the Department may allow the calculation method in § 559.6(e) to be used.
Subsection 559.6 is amended to read as follows:
559.6 The Department shall calculate the discount eligible for use of the Simplified Application as follows:
(a) Determine the total area that the BMP(s) manages, in square feet, after taking into consideration the runoff coefficients of this chapter for each land cover type;
(b) Divide the step “(a)” result by the original total area of impervious surface, and express the quotient as a percentage;
(c) Multiply the step “(b)” result by the maximum allowable discount;
(d) Multiply the percentage result from step “(c)” by the stormwater fee per ERU specified in § 556; and
(e) For rainwater harvesting, including a rain barrel and a cistern, add:
(1) The product of multiplying the stormwater fee by 0.13 ERU per rain barrel installed; or
(2) The discount calculated using the methodology of § 559.2.
All persons desiring to comment on the proposed rulemaking should file comments in writing not later than thirty (30) days after publication of this notice in the D.C. Register. Comments should be clearly marked “Stormwater Fee Discount” and filed with DOEE, Stormwater Management Division, 1200 First Street, N.E., 6th Floor, Washington, DC 20002, Attention: Emily Rice, or e-mailed to sw.discount@dc.gov. Copies of the above documents may be obtained from DOEE at the same address. More information can be found at http://doee.dc.gov/riversmartrewardsrule.
