D.C. Mun. Regs. tit. 21, r. 21-525

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 21-525 - STORMWATER MANAGEMENT: SHARED BEST MANAGEMENT PRACTICE

525.1

A Shared Best Management Practice (S-BMP) may, upon approval by the Department:

(a) Provide stormwater management for a major regulated project in satisfaction of an on-site stormwater management requirement of that project; and

(b) Be eligible for Department certification of a Stormwater Retention Credit (SRC).

525.2

A Department-approved S-BMP may provide stormwater management for a nearby property if:

(a) Stormwater flow from the nearby property is directly conveyed to the S-BMP; and

(b) The S-BMP has sufficient capacity.

525.3

To obtain Department approval of the use of an existing S-BMP, a major regulated project shall show how each requirement of the project will be met by the S-BMP, including:

(a) Submit an as-built Stormwater Management Plan (SWMP) for the S-BMP that is accurate as of the time of submittal;

(b) Prove sufficient capacity of the S-BMP;

(c) Demonstrate the adequacy of each stormwater conveyance from the major regulated project to the S-BMP; and

(d) Show each drainage area conveying stormwater into the S-BMP from the major regulated project.

525.4

To obtain Department approval of the use of a proposed S-BMP, a major regulated project shall show how each requirement of the project will be met by the S-BMP, including:

(a) Submit a Department-approved SWMP for the S-BMP;

(b) Prove sufficient capacity of the S-BMP;

(c) Demonstrate the adequacy of each stormwater conveyance from the major regulated project to the S-BMP; and

(d) Show each drainage area conveying stormwater into the S-BMP from the major regulated project.

525.5

A major regulated project that uses a S-BMP to meet a requirement shall not pass the Department's final inspection until the S-BMP passes the Department's final inspection and is operational.

525.6

After an alteration to a S-BMP to provide stormwater management for another site, the site with the S-BMP shall:

(a) Pass the Department's inspection; and

(b) Submit an as-built SWMP, showing each area draining into the S-BMP and the means of conveyance.

525.7

The Department may certify a SRC for a S-BMP if the S-BMP meets each requirement for certification.

525.8

A site with a S-BMP that provides a volume of stormwater management to satisfy an on-site requirement of a major regulated project shall be responsible for maintenance of the S-BMP capacity to manage that volume and shall record that responsibility in a declaration of covenants.

525.9

If the Department determines that a S-BMP has ceased satisfying an on-site retention requirement for a site that underwent a major regulated project, the site shall be responsible for retaining the required volume on site or via use of off-site retention.

D.C. Mun. Regs. tit. 21, r. 21-525

Final Rulemaking published at 60 DCR 10640 (July 19, 2013)

Authority: 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. (2007 Repl. & 2012 Supp.)); District Department of the Environment Establishment Act of 2005, §§ 101 et seq., effective February 15, 2006, as amended (D.C. Law 16-51; D.C. Official Code §§ 8-151.01 et seq. (2008 Repl. & 2012 Supp.)); National Capital Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Act of 2008, effective March 26, 2008 (D.C. Law 17-138; 55 DCR 1689), 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 Supp.)); The Soil Erosion and Sedimentation Control Act of 1977, effective September 28, 1977 (D.C. Law 2-23; 24 DCR 792), 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; 21 DCMR §§ 500 -15); 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. (2008 Repl.)); 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. (2008 Repl. & 2012 Supp.)); and Mayor's Order 2006-61, dated June 14, 2006, and its delegations of authority.