3683689 DISTRICT DEPARTMENT OF THE ENVIRONMENTNOTICE OF PROPOSED RULEMAKINGStormwater Fee Discount Program
-
DISTRICT DEPARTMENT OF THE ENVIRONMENT
SECOND NOTICE OF PROPOSED RULEMAKING
Stormwater Fee Discount Program
The Interim Director of the District Department of the Environment (the Department), pursuant to the authority set forth in the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51, as amended; D.C. Official Code §§ 8-151.01 et seq. (2008 Repl. & 2012 Supp.)); the Comprehensive Stormwater Management Enhancement Amendment Act of 2008, effective March 25, 2009 (D.C. Law 17-371, as amended; D.C. Official Code §§ 8‑152.01 et seq. (2008 Repl. & 2012 Supp.)); the Water Pollution Control Act of 1984, effective March 16, 1985 (D.C. Law 5-188, as amended; D.C. Official Code §§ 8‑103.01 et seq. (2008 Repl. & 2012 Supp.)); and Mayor’s Order 2006-61, dated June 14, 2006, hereby gives notice of the intent to amend title 21 (Water and Sanitation), chapter 5 (Water Quality and Pollution), of the District of Columbia Municipal Regulations (DCMR) to establish a stormwater fee discount program. Final rulemaking action shall be taken in not less than thirty (30) days after the date of publication of this notice in the D.C. Register.
Also, as section 4 of D.C. Law 17-371 requires, prior to the issuance of a Notice of Final Rulemaking, this rulemaking will be submitted to the Council of the District of Columbia for a review period of up to forty-five (45) days from the date of publication of this notice in the D.C. Register, excluding weekends, holidays, and days of Council recess.
The following proposed rules are the second version of the stormwater fee discount rules, and supersede the earlier version. The Department initially proposed rules to establish a stormwater fee discount program in the D.C. Register at 58 DCR 6428- (July 29, 2011). The Department accepted public comments until September 16, 2011. The Department received detailed comments from eleven (11) stakeholder organizations and individuals. The Department reviewed and carefully considered all of the submitted comments, including researching programs, policies, and procedures from other jurisdictions referenced in submitted comments, and contacting and interviewing program staff in those jurisdictions.
The Department has determined that many of the submitted comments had merit and warranted changes in the proposed stormwater fee discount program rules. Accordingly, the Department has revised the proposed rules to incorporate many of these comments. The Department now proposes the rules, as revised, for an additional thirty (30) day comment period. The Department has also developed a “Response to Comments” document that details the Department’s full responses to each comment received, and it is available by following the instructions at the end of this document under “Obtaining a Copy of these Proposed Rules.”
In general, the Department has made changes to the first proposed rules to clarify aspects of the stormwater fee discount program and aspects of the Department’s intent for how the program will operate. Some changes address technical aspects of the discount calculation. Throughout the rules, the term “Best Management Practice” or “BMP” replaces the original proposal’s use of “Stormwater Retention Practice” or “SRP.” This change is made to conform to the proposal for other sections of 21 DCMR chapter 5 and does not change the effect or intent of the original language. Recognizing that DC Water bills customers for more than just water and sewer services, the rules now refer to a DC Water “bill” rather than a DC Water “water and sewer bill.” The Department has changed the term “serves” to “manages” when referencing BMPs addressed through a Simplified Application. Finally, the Department has removed the “housekeeping” sections that appeared in the original proposal. These sections will be updated in another rulemaking and do not affect implementation of the stormwater fee discount program rulemaking.
In addition, some specific changes from the rules proposed on July 29, 2011, are:
· A new Section 557 addresses the purposes of the rules.
· Language in subsections 558.3, 558.8, 559.3, and 559.4 is updated to conform to changes made to the initial proposed rule’s “Small Retention Practice” concept. This concept is now a “Simplified Application” that some customers may opt to use.
· Changes to subsection 558.4 clarify how discounts will be incorporated into the customer’s DC Water bill – as a recurring credit – and when discounts will begin accruing – with the billing period that immediately follows receipt of a complete application. The subsection makes reference to period for which the Department will grant a discount.
· Revised language in subsections 558.5, 558.6, and 558.7 clarifies how a Retroactive Discount works. Subsection 558.5 clarifies that a Retroactive Discount will be calculated based on the date of installation or May 1, 2009, whichever is later. Subsection 558.6 clarifies that the Department will apply a Retroactive Discount as a recurring credit until the discount credit balance reduces to zero (0). Subsection 558.7 clarifies the eligibility requirements for a customer to receive a Retroactive Discount.
· Changes in subsection 558.8 clarify that a customer who applies (1) with the “Simplified Application” will not need to submit technical documents, and (2) with a standard application, can submit the stormwater management plan approval notice as proof of design and performance.
· Changes in subsection 558.9 conform to the proposed rules’ use of the term “Best Management Practice” (BMP) in place of “Stormwater Retention Practice” and “SRP.” They also clarify that a BMP, in order to be eligible for a stormwater fee discount, must retain or infiltrate stormwater runoff and be fully installed and functioning.
· Revised language in subsection 558.11 clarifies that the stormwater fee discount will terminate if a property is sold, requiring the new owner to apply.
· Revised language in subsection 559.3 clarifies when a customer will see the discount reflected on the bill.
· Changes in subsection 559.5 provide a “Simplified Application” process for small BMPs and adjust the maximum size threshold for this Simplified Application to two thousand square feet (2,000 sq. ft.). The 2,000 sq. ft. maximum size is in keeping with the Stormwater Fee’s tiered billing structure for residential properties. Other changes clarify that this maximum applies to the BMP’s cumulative total area of impervious surface. The section no longer requires a Simplified Application customer to come within a green building industry description or show lack of technical capability.
· Changes in subsection 560.2 list persons who can provide the Department with access to the property for inspections.
· Changes in subsection 561.4 provide for submittal of an application electronically or in hard copy, per Department designation.
· Revised language in subsection 561.7 removes a cross reference to 561.1.
· In subsection 561.8 the term “qualified” is replaced by “eligible.”
· Revised language in subsection 562.1(a) clarifies that the Department may deny an application in whole or in part.
· Revised language in subsection 562.2 replaces “notice of denial” with “a notice of a decision.” As revised, the subsection refers to notices for Department decisions to deny, reduce, or revoke.
· Revised language in subsections 562.2(b), (c), and (e) adds factors that may be addressed in a notice of decision.
· Added language in subsection 562.3 permits the compliance period to be extended for good cause shown.
· The language for the number of days until a Department decision becomes final has moved from Section 562 to Section 563.
· Language for administrative appeals appears in Section 563. These provisions have been revised substantially. They provide that an appeal from a Department decision, an administrative appeal, goes directly to the District’s Office of Administrative Hearings (“OAH”), and that making the administrative appeal is a condition of exhaustion of administrative remedies for judicial review.
· The definition of “Director” in Section 599 no longer appears, because this version deletes all references to the Department’s Director in favor of the “Department.” Definitions are added for “stormwater” and “stormwater management”.
For reference and convenience, the Department is including in this preamble the sample “standard” discount calculation that appeared in the original proposed rules, as well as a sample of the simplified calculation that the Simplified Application process will employ. The calculation method for each is the same as in the first proposed rules; some terms have changed in order to conform to the revised terminology.
Sample Standard Calculation
The following calculation reduces the billed stormwater fee by the allowable discount for an approved BMP(s). (A property may employ more than one BMP, such as both a green roof and a retention pond.) The maximum “allowable” discount is fifty-five percent (55%) of the property’s stormwater fee that is applicable before calculating a discount. The fifty-five percent (55%) cap is based on the Department’s analysis and the fact that properties with BMPs eligible for stormwater fee discounts will still likely fail to retain some of the runoff resulting from infrequent, but very large, storm events. The remaining fee imposed on the property, after application of the discount, will support the property’s share of the District’s: (1) capital costs for stormwater management, mitigation, and retrofits, as required by the District’s MS4 Permit; and (2) fixed costs for administration and oversight of the MS4 permit.
In developing these proposed rules, the Department also looked at similar programs from numerous other jurisdictions, determining that offering a maximum allowable discount of less than 100% is a common practice.
The stormwater fee is based on the “Equivalent Residential Unit” (ERU), a unit of measurement established in § 556 of title 21 chapter 5. Each ERU is equal to one thousand square feet (1,000 sq. ft.) of impervious surface. For a one and two-tenths-inch (1.2 in.) rainfall event, each ERU produces seven hundred ten and seventy-five hundredths gallons (710.75 gals.) of stormwater runoff. Presently, a property pays a fee of $2.67 per month per ERU.
The following sample calculation shows how a customer’s use of an eligible BMP can reduce the fee for twenty thousand square feet (20,000 sq. ft.) of impervious surface – in this case from the expected monthly fee of $53.40, less a discount of $21.63, to $31.77:
Assume that a property has twenty thousand square feet (20,000 sq. ft.) of impervious surface, or twenty (20) ERUs. Assume also that the impervious area consists of seventeen thousand five hundred square feet (17,500 sq. ft.) of roof area and two thousand five hundred square feet (2,500 sq. ft.) of a concrete driveway. At present rates, $2.67/ERU, the property must pay a monthly stormwater fee of $53.40 for this impervious area ($2.67 X 20 ERUs).
Now assume that the owner installs a green roof that has a DDOE-approved design, one that engineering calculations have demonstrated will retain a maximum of ten thousand three hundred sixty-two gallons (10,362 gals.) of stormwater runoff per storm event. As an eligible BMP, the green roof entitles the customer to a stormwater fee discount.
(This example assumes that the customer receives a DC Water bill monthly. Some customers receive their bill on a different interval, like six (6) months. For them, this calculation would be adjusted.)
The Department will calculate the monthly stormwater fee discount as follows:
Step 1: State the maximum volume of stormwater runoff retained (by the DDOE-approved and eligible BMP per storm event) in gallons, the “retention volume”:
10,362 gallons
Step 2: Convert the retention volume from Step 1 to ERUs. Divide it by seven hundred ten and seventy-five hundredths gallons per ERU (710.75 gals./ERU) (rounding the quotient up to the nearest tenth), the standard conversion factor:
10,362 gallons ÷ 710.75 gallons/ERU ═ 14.6 ERUs
Step 3: Multiply the number of ERUs from Step 2 by the rules’ maximum allowable discount percentage of fifty-five percent (55%) (rounding the result up to the nearest tenth):
14.6 ERUs × 55% ═ 8.1 ERUs
Step 4: Determine the dollar amount of the monthly stormwater fee discount by multiplying the number of ERUs from Step 3 by the current monthly fee. Presently, the fee is $2.67 per ERU:
8.1 ERUs × $2.67/ERU ═ $21.63 monthly discount
Step 5: Figure the new bill. Subtract, normal bill amount minus the monthly discount calculated in Step 4.
$53.40 - $21.63 = $31.77 per month
Sample Simplified Calculation
This simplified calculation applies to small BMPs, for which a complex technical analysis would likely be unnecessarily expensive. DDOE will develop a Simplified Application, with a streamlined and simplified discount calculation, for small installations – for customers that install BMPs that retain runoff from an aggregate of two thousand square feet (2,000 sq. ft.) or less of impervious surface. This Simplified Application will likely be applicable to most single-family residences and some small businesses. As with the standard discount calculation, the maximum allowable discount for customers using the simplified discount calculation is fifty-five percent (55%).
The simplified discount calculation relies on the same conceptual approach as the detailed discount calculation above, but makes some assumptions in the customer’s favor to streamline and simplify the calculation. The customer only needs to know the total footprint of impervious surface area (available from the DC Water bill) and the total area which the BMP(s) manages. The simplified calculation assumes a BMP(s) sized to retain a one and two-tenths-inch (1.2 in.) volume of stormwater runoff. As a result, the simplified calculation is limited to determining the fraction of the property’s total impervious area which the BMP(s) manages.
For example, assume a residential property originally determined to have one thousand square feet (1,000 sq. ft.) total of impervious surface, or one (1) ERU. At a rate of $2.67 per ERU DC Water currently bills this property a monthly stormwater fee of $2.67, based on DC Water’s six- (6-) tier rate structure for residential properties. Assume that the property’s impervious area is one thousand square feet (1,000 sq. ft.), comprised of seven hundred square feet (700 sq. ft.) of roof area, one hundred fifty square feet (150 sq. ft.) of cement patio in the back yard, and a front yard with one hundred square feet (100 sq. ft.) of cement patio plus fifty square feet (50 sq. ft.) of cement walkway. Prior to retrofits, the normal monthly charge for this property would be the $2.67.
Now, assume the property owner retrofits with nine hundred fifty square feet (950 sq. ft.) of multiple BMPs: three hundred fifty square feet (350 sq. ft.) of green roof, one hundred fifty square feet (150 sq. ft.) of permeable pavers in back to replace the cement patio, and a one hundred square foot (100 sq. ft.) rain garden in front (replacing the cement patio and draining the remaining three hundred fifty square feet (350 sq. ft.) of roof area).
(This example assumes that the customer receives a DC Water bill monthly. Some customers receive their bill on a different interval, like six (6) months. For them, this calculation would be adjusted.)
The discount for this property would be calculated as follows:
Step 1: Determine the total area which the BMP(s) manages, in square feet:
350 square feet (green roof) + 150 square feet (permeable pavers) + 450 square feet (rain garden draining roof area) = 950 square feet
Step 2: Divide the total area (in square feet) which the BMP(s) manages by the original total area of impervious surface (in square feet), in order to determine percentage of total area managed:
950 square feet / 1,000 square feet = 95%
Step 3: Multiply the percentage of total area managed by the maximum allowable discount of 55%:
95% × 55% = 52%
Step 4: Determine the customer’s monthly discount. Multiply the percentage result from Step 3 by the monthly stormwater fee:
52% × $2.67 = $1.39 (monthly discount)
Step 5: Figure the new bill. Subtract – normal bill amount minus the monthly discount calculated in Step 4.
$2.67 - $1.39 = $1.28 per month
The Department will take additional comments on these revised proposed rules. The Department intends to analyze comments, determine if further changes are needed, and take regulatory action. Instructions on how to get a copy of this notice and these proposed rules, and the manner and time period for giving public comment, appear at the end of the following proposed rules.
Title 21, WATER AND SANITATION, chapter 5, WATER QUALITY AND POLLUTION, of the DCMR is amended by adding sections 557 through 563, as follows:
557 Stormwater fee discount program: PURPOSE
557.1 The purposes of sections 557 through 563 are to:
(a) Implement the District Department of the Environment’s stormwater fee discount program;
(b) Reduce the volume of stormwater runoff from properties in the District of Columbia; and
(c) Comply with the requirements of the Comprehensive Stormwater Management Enhancement Amendment Act of 2008, effective March 25, 2009 (D.C. Law 17-371; D.C. Official Code §§ 8-152.01 et seq. (2008 Repl. & 2012 Supp.).
558 STORMWATER FEE DISCOUNT PROGRAM: ELIGIBILITY
558.1 The stormwater fee discount program shall apply to each retail DC Water customer that pays the stormwater fee described in § 556 of this chapter.
558.2 The Department shall grant a stormwater fee discount to a customer that has installed an eligible Best Management Practice (BMP) on its property.
558.3 A customer shall have the right to apply for the stormwater fee discount beginning on the effective date of this section; except that, for a Simplified Application, the customer shall have the right to apply no earlier than one (1) year after the effective date of this section.
558.4 The Department shall calculate the discount to be applied to the customer’s DC Water bill:
(a) As a recurring credit to the stormwater fee billed pursuant to § 556;
(b) Beginning to accrue with the billing period that follows the Department’s receipt of a complete discount application, and
(c) For the stormwater fee discount period which this chapter sets.
558.5 Notwithstanding any other provision of this section, if the customer installed an eligible BMP on its property before the effective date of this section, the discount shall begin to accrue as a Retroactive Discount on the later of:
(a) The eligible BMP’s installation date; or
(b) May 1, 2009.
558.6 The Department shall calculate the Retroactive Discount that is to be applied to the customer’s DC Water bill as an offset to the stormwater fee until the Retroactive Discount is zero (0).
558.7 To receive a Retroactive Discount, the customer must:
(a) Provide documentation verifying the date of installation;
(b) Prove that the practice installed is still functional;
(c) Allow the Department to inspect each BMP identified on the application; and
(d) Apply no later than one (1) year from the date on which the customer has the right to apply.
558.8 A customer seeking a stormwater fee discount shall, in order to be eligible for the discount:
(a) Be current on all billed stormwater fee payments;
(b) Submit a complete application to the Department, in a manner prescribed by the Department;
(c) Unless applying via a Simplified Application, accurately describe in the application the design and performance of the BMP by referencing or submitting:
(1) The final stormwater management plan approval notice issued by the Department; or
(2) All of the following:
(A) Design;
(B) Technical specifications; and
(C) Calculation of stormwater retention volume.
558.9 A BMP shall, in order to be eligible for the discount:
(a) Be fully installed and functioning;
(b) Retain or infiltrate stormwater runoff;
(c) Have received required construction codes approval;
(d) Be properly sized and located;
(e) Be designed and functioning in accordance with:
(1) Applicable industry and professional standards and specifications in effect at the time of installation; and
(2) Department guidelines; and
(f) Be subject to inspection by the Department.
558.10 As a requirement of continued eligibility, the customer shall:
(a) Properly maintain the BMP so that it continues to function as designed and approved; and
(b) Continue to allow the Department access to the property to inspect the BMP.
558.11 An approved discount shall expire on the first of:
(a) The end of the stormwater fee discount period provided in this chapter;
(b) The property or BMP is no longer eligible for the discount; or
(c) The property is sold or transferred to a new owner.
559 Stormwater Fee Discount Program: DISCOUNT CALCULATION
559.1 No stormwater fee discount shall exceed the maximum allowable discount, which shall be fifty-five percent (55%) of the otherwise chargeable stormwater fee.
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 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 charge per ERU specified in § 556.
559.3 The calculated stormwater fee discount shall be applied to each month’s obligation of the stormwater fee.
559.4 The stormwater fee discount will appear on the customer’s DC Water bill beginning with the billing period that follows the Department’s receipt and processing of a complete application, which processing will include transmittal to DC Water to incorporate the discount in the customer’s billing calculation.
559.5 A customer shall have the right to apply with a Simplified Application for a property with a BMP, or multiple BMPs, that manages a cumulative impervious area of two thousand square feet (2,000 sq. ft.) or less.
559.6 The Department shall calculate the discount eligible for use of the Simplified Application as follows:
(a) Determine the total area which the BMP(s) manages, in square feet;
(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 charge per ERU specified in § 556; and
(e) Add the product of 0.13 ERU per rain barrel installed multiplied by the stormwater charge per ERU specified in § 556.
559.7 The discount for a Simplified Application shall be calculated so that it is reasonably consistent with the discount that would be determined pursuant to § 559.2.
560 Stormwater Fee Discount Program: Inspection
560.1 The Department shall have the right to inspect a property, for which a customer has applied or is receiving a stormwater fee discount, in order for the Department to determine whether the Best Management Practice (BMP) retains the stormwater runoff volume:
(a) Described on the discount application; or
(b) Previously approved for a discount.
560.2 In order to secure access to a property to inspect a BMP, the Department shall seek permission from an appropriate person, including the owner, a customer, a tenant, or a manager.
560.3 A customer’s refusal or knowing failure to provide the Department with access to inspect the BMP shall constitute grounds to deny or revoke the discount, effective the date of the unsuccessful inspection attempt.
561 Stormwater Fee Discount Program: APPROVAL Period; REAPPROVAL
561.1 A stormwater fee discount shall be approved for a discount period of three (3) years, running ordinarily from the date of approval.
561.2 In order to receive approval for an additional stormwater fee discount period, a customer must submit an application to the Department.
561.3 In order to avoid a lapse in a discount while the Department reviews an application for approval of an additional discount period, a customer must submit the application by sixty (60) days before the expiration of the current stormwater fee discount period.
561.4 The application shall be submitted on such forms, and in hard copy or electronically, as the Department may designate.
561.5 Upon receipt of an application for approval of an additional discount period, the Department may perform an inspection to verify that the Best Management Practice (BMP) remains eligible for the discount.
561.6 The Department may deny or approve an application for approval of an additional discount period, in whole or in part.
561.7 If the Department approves the application, the stormwater fee discount shall be approved for an additional discount period running from the earlier of:
(a) The date of the approval; or
(b) The expiration of the preceding approval period.
561.8 An eligible BMP may be approved for more than one (1) period.
562 Stormwater Fee Discount Program: Denial, Reduction, or Revocation of Stormwater Fee Discount
562.1 The Department may make a decision to:
(a) Deny an application for a discount or discount period, in whole or in part; and
(b) Reduce or revoke a discount for a Best Management Practice’s (BMP’s) nonperformance, its failure to retain the stormwater runoff volume for which a discount was approved.
562.2 The Department shall provide to the customer a notice of a decision, stating the basis for the decision and the customer’s right to dispute the Department’s decision, which may include a statement of:
(a) Each deficiency;
(b) Corrective action necessary;
(c) Deadline, if any;
(d) The proposed denial, reduction, or revocation of a discount;
(e) The requirement, if any, for an inspection or re-inspection; and
(f) The customer’s right to appeal, as provided in this chapter.
562.3 The Department may extend the period for corrective action for good cause shown.
563 ADMINISTRATIVE APPEALS AND JUDICIAL REVIEW
563.1 With respect to a matter governed by sections 557 through 562 of this chapter, a person adversely affected or aggrieved by an action of the Department shall exhaust administrative remedies by timely filing an administrative appeal with, and requesting a hearing before, the Office of Administrative Hearings (OAH), established pursuant to the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code, §§ 2‑1831.01 et seq. (2007 Repl. & 2012 Supp.)), as amended, or OAH’s successor.
563.2 For the purposes of sections 557 through 562 of this chapter, an action of the Department taken with respect to a person shall include:
(a) Signed settlement of a decision;
(b) Approval;
(c) Denial;
(d) Determination; or
(e) Other action of the Department which constitutes the consummation of the Department’s decision-making process and is determinative of a person’s rights.
563.3 A person aggrieved by an action of the Department shall file a written appeal with OAH within the following time period:
(a) Within fifteen (15) calendar days of service of the notice of the action; or
(b) Another period of time stated specifically in this section for an identified Department action.
563.4 An action of the Department identified in this section shall become the final, unappealable, and unreviewable action of the Department unless a person has filed a timely administrative appeal with OAH within fifteen (15) days of the action.
563.5 Notwithstanding another provision of this section, the Department may, for good cause shown, extend a period for filing an administrative appeal with OAH if it does so explicitly in writing before the period expires.
563.6 OAH shall:
(a) Resolve an appeal by:
(1) Affirming, modifying, or setting aside the Department’s action complained of, in whole or in part;
(2) Remanding for Department action or further proceedings, consistent with OAH’s order; or
(3) Providing such other relief as the governing statutes, regulations and rules support;
(b) Act with the same jurisdiction, power, and authority as the Department may have for the matter currently before OAH; and
(c) By its final decision render a final agency action which will be subject to judicial review.
563.7 The filing of an administrative appeal shall not in itself stay enforcement of an action; except that a person may request a stay according to the rules of OAH.
563.8 The burden of proof in an appeal of an action of the Department shall be allocated to the person who appeals the action, except the Department shall bear the ultimate burden of proof when it denies a right.
563.9 The burden of production in an appeal of an action of the Department shall be allocated to the person who appeals the action, except that it shall be allocated:
(a) To the Department when a party challenges the Department’s suspension, revocation, or termination of a:
(1) License;
(2) Permit;
(3) Continuation of an approval; or
(4) Other right;
(b) To the party who asserts an affirmative defense; and
(c) To the party who asserts an exception to the requirements or prohibitions of a statute or rule.
563.10 The final OAH decision on an administrative appeal shall thereafter constitute the final, reviewable action of the Department, and shall be subject to the applicable statutes and rules of judicial review for OAH final orders.
563.11 An action for judicial review of a final OAH decision shall not be a de novo review, but shall be a review of the administrative record alone and not duplicate agency proceedings or hear additional evidence.
563.12 Nothing in this chapter shall be interpreted to:
(a) Provide that a filing of a petition for judicial review stays enforcement of an action; or
(b) Prohibit a person from requesting a stay according to the rules of the court.
563.13 If a term in a provision of this section conflicts with a provision in another section of this chapter, the term in the provision of this section controls.
Section 599, DEFINITIONS, is amended to change and add the following definitions, and these additional definitions shall be inserted in the correct alphabetical order:
Best Management Practice (BMP) - Structural or nonstructural practice that minimizes the impact of stormwater runoff on receiving waterbodies and other environmental resources, especially by reducing runoff volume and the pollutant loads carried in that runoff.
Consumer and Regulatory Affairs - the District Department of Consumer and Regulatory Affairs.
Construction Codes - the District’s Construction Codes administered by the District Department of Consumer and Regulatory Affairs, and ordinarily consisting of the Building Code, Residential Code, Electrical Code, Fuel Gas Code, Mechanical Code, Plumbing Code, Property Maintenance Code, Fire Safety Code, Energy Conservation Code, and waivers thereto authorized and duly granted by the District’s code official.
DC Water - the District of Columbia Water and Sewer Authority.
Department - the District Department of the Environment; except that the term “department” shall simply mean the word “department” when the context clearly shows that the term is so used in the title of a statute or a publication.
Stormwater - Flow of water that results from runoff, snow melt runoff, and surface runoff and drainage.
Stormwater management - A system to control stormwater runoff with structural and nonstructural Best Management Practices, including: (a) quantitative control of volume and rate of surface runoff and (b) qualitative control to reduce or eliminate pollutants in runoff.
Obtaining a Copy of these Proposed Rules
A person may obtain a copy of this Notice and the Proposed Rules by any of the following: 1) visit the Department website, www.ddoe.dc.gov, and look for the following title/section, “Regulation & Law”, click on it, cursor over the pull-down “Public Notices & Hearings”, then click on the announcement for this rulemaking and follow directions to download the document in a pdf cut-and-paste format; (2) e-mail a request to sw.discount@dc.gov with “Request copy of proposed fee discount rules” in the subject line; (3) stop by the Department’s offices and ask for a copy at the 5th floor reception desk at the following address (mention “Stormwater Management Division fee discount rules”); or (4) write the Department at Stormwater Management Division, 1200 First Street, N.E., 6th Floor, Washington, DC 20002, Attention: Stormwater Fee Discount, and put “Requesting a copy” on the outside of the envelope.
DDOE’s responses to comments received in response to the first proposed rules will be available on the website. This document can also be emailed or mailed in response to a request.
The Manner and Time Period for Giving Public Comment
The Department is committed to considering the public’s comments in an open rulemaking process. A person desiring to comment on the proposed rulemaking must file comments in writing by thirty (30) days after the date of publication of this notice in the D.C. Register.
Comments should be clearly marked “Stormwater Fee Discount” and either (1) mailed or hand-delivered to DDOE, Stormwater Management Division, 1200 First Street, N.E., 5th Floor, Washington, DC 20002, Attention: Stormwater Fee Discount, or (2) e-mailed to sw.discount@dc.gov.
The Department will consider all timely received comments before publishing a final rule. All comments will be treated as public documents and will be made available for public viewing on the Department’s website. When the Department identifies a comment containing copyrighted material, the Department will provide a reference to that material on the website. The Department will look for the commenter’s name and address on the comment. If a comment is sent by e-mail, the email address will be automatically captured and included as part of the comment that is placed in the public record and made available on the Department’s website. If the Department cannot read a comment due to technical difficulties, and the email address contains an error, the Department may not be able to contact the commenter for clarification and may not be able to consider the comment. Including the commenter’s name and contact information in the comment will avoid this difficulty.
