5801393 Energy and Environment, Department of - Notice of Final Rulemaking - Fees for Stormwater Management and Soil Erosion and Sediment Control

Department of Energy AND Environment

 

notice of FINAL Rulemaking

 

Fees for Stormwater Management and Soil Erosion and Sediment Control

 

The Director of the Department of Energy and Environment (DOEE or Department), in accordance with 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. (2012 Repl.)); the 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. (2012 Repl.)); the National Capital Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Act of 2008, effective March 26, 2008 (D.C. Law 17-138; 55 DCR 1689 (February 22, 2008)), 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 Repl. & 2015 Supp.)); the Soil Erosion and Sedimentation Control Act of 1977, effective September 28, 1977 (D.C. Law 2-23; D.C. Official Code §§ 8-1701 et seq. (2013 Repl.)), 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 (July 22, 1994)); the 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. (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.)); and Mayor’s Order 2006-61, 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), upon publication of this notice in the D.C. Register.

 

These amendments update the fee for the District Stormwater Management Guidebook and existing fees that the Department adjusts annually for inflation using the Urban Consumer Price Index published by the United States Bureau of Labor Statistics, as required by 21 DCMR § 501.1. All fees are rounded to the nearest cent. Adjustments in future years will be applied to the adjusted value of the prior year rather than the rounded value.

 

The Notice of Proposed Rulemaking was first published in the D.C. Register on October 23, 2015 at 62 DCR 013856. No comments were received. This Notice of Final Rulemaking is unchanged from the Proposed Rulemaking.  These rules were adopted as final on November 25, 2015, and will become effective upon publication of this notice in the D.C. Register.

 

Chapter 5, WATER QUALITY AND POLLUTION, of Title 21 DCMR, WATER AND SANITATION, is amended as follows:

 

Section 501, FEES, is amended as follows:

 

Subsection 501.3 is amended to read as follows:

 

501.3               An applicant for Department approval of a soil erosion and sediment control plan shall pay the fees in Table 1 for Department services at the indicated time, as applicable:

 

Table 1.  Fees for Soil Erosion and Sediment Control Plan Review
Payment Type	Payment Requirement	Fees by Land Disturbance Type
		Residential		All Other
		≥ 50 ft2 and < 500 ft2		≥ 50ft2 and < 5,000 ft2	≥ 5,000 ft2
Initial	Due upon filing for building permit	$51.10		$444.56	$1,093.53
Final	Due before building permit is issued	n/a			$0.15 per 100 ft2
• Clearing and grading > 5,000 ft2
• Excavation base fee		n/a	$444.56
• Excavation > 66 yd3		$0.10 per yd3
• Filling  > 66 yd3		$0.10 per yd3
Supplemental	Due before building permit is issued	$102.20	$102.20		$1,021.99

 

Subsection 501.04 is amended to read as follows:

 

501.4               An applicant for Department approval of a Stormwater Management Plan (SWMP) shall pay the fees in Table 2 for Department services at the indicated time, as applicable:

 

Table 2.  Fees for Stormwater Management Plan Review
Payment Type	Payment Requirement	Fees by Combined Area of Land Disturbance and Substantial Improvement Building Footprint
		≥ 5,000 ft2 and ≤ 10,000 ft2	> 10,000 ft2
Initial	Due upon filing for building permit	$3,372.56	$6,234.12
Final	Due before building permit is issued	$1,532.98	$2,452.77
Supplemental	Due before building permit is issued	$1,021.99	$2,043.97

 

Subsection 501.6 is amended to read as follows:

 

501.6               An applicant shall be required to pay the fees in Table 3 for review of a Stormwater Pollution Prevention Plan only if the site is regulated under the Construction General Permit issued by Region III of the Environmental Protection Agency.

 

 

 

 

 

 

 

Table 3.  Additional Fees
Review or Inspection Type	Fees by Combined Area of Land Disturbance and Substantial Improvement Building Footprint
	≤ 10,000 ft2		> 10,000 ft2
Soil characteristics inquiry	$153.30
Geotechnical report review	$71.54 per hour
Pre-development review meeting	No charge for first hour $71.54 per additional hour
After-hours inspection fee	$51.10 per hour
Stormwater pollution plan review	$1,124.19
Dewatering pollution reduction plan review	$1,124.19		$2,146.17
Application for relief from extraordinarily difficult site conditions	$510.99		$1,021.99

 

Subsection 501.7 is amended to read as follows:

 

501.7               An applicant for Department approval of a SWMP for a project being conducted solely to install a Best Management Practice (BMP) or land cover for Department certification of a Stormwater Retention Credit (SRC) shall pay the fees in Table 4 for Department services at the indicated time, as applicable, except that:

 

(a)                A person who is paying a review fee in Table 2 for a major regulated project shall not be required to pay a review fee in Table 4 for the same project; and

 

(b)        A person who has paid each applicable fee to the Department for its review of a SWMP shall not be required to pay a review fee in Table 4 for the same project:

 

Table 4.  Fees for Review of Stormwater Management Plan to Certify Stormwater Retention Credits
Payment Type	Payment Requirement	Fees by Combined Area of Land Disturbance and Substantial Improvement Building Footprint
		≤ 10,000 ft2	> 10,000 ft2
Initial	Due upon filing for building permit	$587.64	$868.69
Final	Due before building permit is issued	$127.75	$204.40
Supplemental	Due before building permit is issued	$510.99

 

Subsection 501.10 is amended to read as follows:

 

501.10             An applicant for Department approval of a Green Area Ratio plan shall pay the fees in Table 5 for Department services at the indicated time:

 

 

Table 5.  Fees for Review of Green Area Ratio Plan
Payment Type	Payment Requirement	Fees by Combined Area of Land Disturbance and Substantial Improvement Building Footprint
		≤ 10,000 ft2	> 10,000 ft2
Initial	Due upon filing for building permit	$587.64	$868.69
Final	Due before building permit is issued	$127.75	$204.40
Supplemental	For reviews after first resubmission	$510.99

 

Subsection 501.11 is amended to read as follows:

 

501.11             The in lieu fee shall be three dollars and fifty-seven cents ($3.58) per year for each gallon of Off-Site Retention Volume (Offv).

 

Subsection 501.13 is amended to read as follows:

 

501.13             A person shall pay the fees in Table 6 for the indicated resource before receipt of the resource:

 

Table 6.  Fees for Resources
Paper Copies of Documents	Cost
District Standards and Specifications for Soil Erosion and Sediment Control	$51.10
District Stormwater Management Guidebook	$89.93
District Erosion and Sediment Control Standard Notes and Details (24 in x 36 in)	$25.55