D.C. Mun. Regs. tit. 21, r. 21-1101

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 21-1101 - SURFACE WATERS

1101.1

For the purposes of the water quality standards, the surface waters of the District shall be classified on the basis of their (i) current uses, and (ii) future uses to which the waters will be restored. The categories of beneficial uses for the surface waters of the District shall be as follows:

Categories of Uses that

Determine Water Quality StandardsClasses of Water

Primary contact recreation ................................................. A

Secondary contact recreation and aesthetic enjoyment ............ B

Protection and propagation of fish, shellfish, and wildlife ......... C

Protection of human health related ........................................ D

to consumption of fish and shellfish

Navigation ........................................................................ E

1101.2

The surface waters of the District are designated for beneficial use classes according to the categories delineated in subsection 1101.1 as follows:

CLASSIFICATION OF THE DISTRICT'S WATERS
USE CLASSES
Surface Waters of the District	Current Use	Designated Use
Potomac River	B, C, D, E	A, B, C, D, E
Potomac River tributaries	B, C, D	A, B, C, D
(except as listed below)
Battery Kemble Creek	B, C, D	A, B, C, D
C & O Canal	B, C, D, E	A, B, C, D, E
Rock Creek	B, C, D, E	A, B, C, D, E
Rock Creek tributaries	B, C, D, E	A, B, C, D, E
Tidal Basin	B, C, D, E	A, B, C, D, E
Washington Ship Channel	B, C, D, E	A, B, C, D, E
Oxon Run	B, C, D	A, B, C, D
Anacostia River	B, C, D, E	A, B, C, D, E
Anacostia River tributaries	B, C, D	A, B, C, D
(except as listed below)
Hickey Run	B, C, D	A, B, C, D
Watts Branch	B, C, D	A, B, C, D
Wetlands	C, D	C, D

1101.3

The Director may remove a designated use, establish a partial use, or establish sub-categories of a use for a particular surface water segment or body if a use attainability analysis can demonstrate that attaining the designated use is not feasible because:

(a) Naturally occurring pollutant concentrations prevent the attainment of the use;

(b) Natural, ephemeral, intermittent or low flow conditions or water levels prevent the attainment of the use, unless these conditions may be compensated for by the discharge of sufficient volume of effluent discharges without violating the District's water conservation requirements to enable uses to be met;

(c) Human caused conditions or sources of pollution prevent the attainment of the use and cannot be remedied or would cause more environmental damage to correct than to leave in place;

(d) Dams, diversions or other types of hydrologic modifications preclude the attainment of the use, and it is not feasible to restore the waterbody to its original condition or, to operate the modification in a way that would result in the attainment of the use;

(e) Physical conditions related to the natural features of the waterbody, such as the lack of proper substrate, cover, flow, depth, pools, riffles, and the like unrelated to water quality, preclude attainment of aquatic life protection uses; or

(f) Controls more stringent than those required by sections 301(b) and 306 of the federal Clean Water Act would result in substantial and widespread economic and social impact.

1101.4

A designated use specified in section 1101 may not be removed, and a partial use that involves the removal of the designated use, may not be established if:

(a) The use is actually attained in the surface water segment or body on or after November 28, 1975, unless a use requiring more stringent criteria is added; or

(b) The uses will be attained by implementing effluent limits required under sections 301(b) and 306 of the federal Clean Water Act and by implementing cost-effective and reasonable best management practices for nonpoint source control.

1101.5

If a permittee requests the Director to conduct a use attainability analysis and provides a reasonable basis for the need, the Director shall:

(a) Conduct a public meeting in the watershed of the affected segment or waterbody to inform the public of the nature of the use change requested and the basis of the request, and solicit the opinions and views of the public prior to determining whether to conduct a use attainability analysis;

(b) Inform the permittee and the public of the decision;

(c) Inform the permittee of the approximate costs of the analysis and the schedule. The permittee shall pay the costs of performing the analysis, in the amount specified by the Director;

(d) Not allow the permittee to perform the analysis;

(e) Form an advisory group of citizens and affected parties who will meet periodically during the course of the study;

(f) Hold a public hearing concerning the preliminary finding of the use attainability analysis prior to concluding the study;

(g) Submit the analysis to the United States Environmental Protection Agency (EPA) for review and approval, if the Director determines that a modification or change in the uses of the segment or waterbody is justified; and

(h) Modify or remove the use in accordance with federal and District procedures for revising water quality standards upon receipt of approval by the EPA.

D.C. Mun. Regs. tit. 21, r. 21-1101

Final Rulemaking published at 41 DCR 1075 (March 4, 1994); as amended by Notice of Final Rulemaking published at 47 DCR 284(January 21, 2000); as amended by Notice of Final Rulemaking published at 49 DCR 3012 (April 5, 2002); as amended by Notice of Emergency and Proposed Rulemaking published at 49 DCR 1706 (February 22, 2002); as amended by Notice of Final Rulemaking published at 52 DCR 9621(October 28, 2005); as amended by Final Rulemaking published at 57 DCR 9129, 9130-9133 (October 1, 2010)

Authority: The Acting Director of the District Department of the Environment (DDOE), in accordance with the authority set forth in the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code §§ 8-151.01 et seq.), sections 5 and 21 of the Water Pollution Control Act of 1984 , effective March 16, 1985 (D.C. Law 5-188; D.C. Official Code §§ 8-103.04 and 8-103.20) , and Mayor's Order 98-50, dated April 15, 1998, as amended by Mayor's Order 2006-61, dated June 14, 2006.