5212797 Environment, District Department of the - Notice of Final Rulemaking - Fees for Stormwater Management, and Soil Erosion and Sediment Control

District Department of the Environment

notice of Final Rulemaking

Fees for Stormwater Management, and Soil Erosion and Sediment Control

The Director of the District Department of the Environment (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. & 2014 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. (2012 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. (2012 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. (2012 Repl.)); and Mayor’s Order 2006-61, dated June 14, 2006, 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), by the adoption of final rules.

The Stormwater Management, and Soil Erosion and Sediment Control Regulations were published as final in the D.C. Register on July 19, 2013 at 60 DCR 10640, after several proposed rulemakings and extensive public participation. These amendments update 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.

These rules were previously published as a Notice of Proposed Rulemaking at 61 DCR 10583 on October 10, 2014. No comments were received; therefore the Director will publish the rules as final. These final rules were adopted on November 20, 2014 and will be effective as of their publication of this notice in the D.C. Register.

Chapter 5, WATER QUALITY AND POLLUTION, of Title 21, WATER AND SANITATION, DCMR 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	$51.04		$444.01	$1,092.17
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	$444.01
• Excavation > 66 yd³		$0.10 per yd³
• Filling > 66 yd³		$0.10 per yd³
Supplemental	Due before building permit is issued	$102.07	$102.07		$1,020.72

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
Payment Type	Payment Requirement	≥ 5,000 ft² and ≤ 10,000 ft²	> 10,000 ft²
Initial	Due upon filing for building permit	$3,368.39	$6,226.41
Final	Due before building permit is issued	$1,531.09	$2,449.74
Supplemental	Due before building permit is issued	$1,020.72	$2,041.45

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	$153.11
Geotechnical report review	$71.45 per hour
Pre-development review meeting	No charge for first hour $71.45 per additional hour
After-hours inspection fee	$51.04 per hour
Stormwater pollution plan review	$1,122.80
Dewatering pollution reduction plan review	$1,122.80	$2,143.52
Application for relief from extraordinarily difficult site conditions	$510.36	$1,020.72

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
Payment Type	Payment Requirement	≤ 10,000 ft²	> 10,000 ft²
Initial	Due upon filing for building permit	$586.92	$867.61
Final	Due before building permit is issued	$127.59	$204.14
Supplemental	Due before building permit is issued	$510.36

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
Payment Type	Payment Requirement	≤ 10,000 ft²	> 10,000 ft²
Initial	Due upon filing for building permit	$586.92	$867.61
Final	Due before building permit is issued	$127.59	$204.10
Supplemental	For reviews after first resubmission	$510.36

Subsection 501.11 is amended to read as follows:

501.11 The in lieu fee shall be three dollars and fifty-seven cents ($3.57) 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	$51.04
District Stormwater Management Guidebook	$51.04
District Erosion and Sediment Control Standard Notes and Details (24 in x 36 in)	$25.52

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Document Information

Rules:: 21-501