Title 21 DCMR — WATER AND SANITATION

21-1 WATER SUPPLY

21 DCMR § 100 ACCESS TO WATER SUPPLY

100.1 No person shall tap, cause to be tapped, or assist in tapping any water main, water pipe, or private connection in any main or pipe of the system of water supply in the District of Columbia for any purpose without the written permission of the Director, except employees of the Department who are authorized to do so in connection with the operation of the water distribution system.

100.2 No person shall obstruct the access to any fire hydrant, valve, stopcock, water meter, or other appurtenance(s) connected with the water mains or service pipes, by placing any material upon or adjacent to those fixtures or appurtenances, or in any other manner, except employees of the Department in the discharge of their official duties.

100.3 No person shall permit persons in his or her employ to obstruct the access to any fire hydrant, valve, water meter, stopcock, or any other appurtenance(s) connected with the water mains or service pipes of the District in any manner, except employees of the Department in the discharge of their official duties.

100.4 [DELETED]

100.5 [DELETED]

100.6 Any person violating any provision of §§101, 102, 103, 104, 108, 1000, 1001, 1002, 1005, 1008, 1009, 2000, 2001, and 2002 of this title shall be subject to civil sanctions provided in the Litter Control Administration Act of 1985.

100.7 Any person violating any other provision of this title for which a specific penalty is not provided shall, upon conviction, be punished by a fine of not more than three hundred dollars ($300).

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is the §§401 and 402 of Reorganization Plan No 3 of 1967, effective August 11, 1967, filed August 11, 1967, D.C. Code Vol. 1 at 126 (1981 Ed.); the Water and Sewer Repair and Compensation Act of 1976, D.C. Law 1-98, D.C. Code 6-401 at seq. (1995 Repl. Vol.); §412 of the District of Columbia Self-Government and Governmental Reorganization Act, 87Stat. 790. Pub. L. 93-198 D.C. Code §1-227(a); and §§IV(A) and V of Reorganization Plan No. 4 of 1983, 30 DCR 6428 (December 16, 1983). Mayor's Order 91-176, 38 DCR 6821, dated October 24, 1991.
SOURCE: Commissioners' Order No. 67-1536a; as amended by Commissioner's Order No. 68-96; as further amended by Article 23, §§1 and 4 of the Police Regulations for the District of Columbia; 12 DCRR §§404.1 and 404.4 (October 12, 1970), Special Edition; by §2(c) of the Litter Control Expansion Amendment Act of 1987, D.C Law 7-38, 34 DCR 5326, 5327 (August 14, 1987); and by Final Rulemaking published at 40 DCR 1300 (February 12, 1993).
EDITOR'S NOTE: Transfer of functions - §219 of the “Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996,” D.C. Law 11-111, effective April 18, 1996, transferred the functions of the Water and Sewer Utility Administration of the Department of Public Works to the independent District of Columbia Water and Sewer Authority.

21 DCMR § 101 TEMPORARY WATER SERVICE

101.1 When temporary water service pipe is used pending the installation of a regular water main, the temporary service pipe shall be disconnected immediately after a regular water main has been laid, and the service connected directly on the main.

101.2 No permit shall be issued to a registered plumber to lay a temporary water service pipe to supply a building, establishment, lot, or other premises on any street in which there is no water main until the owner or lawful agent signs an agreement to comply with §101.1.

101.3 If there is any failure or delay on the part of the owner or lawful agent, after due notice has been given by the Department to fully and promptly comply with the agreement on which a permit was issued for laying a temporary water service pipe, the Department shall cut-off the supply of water to the premises, and it shall not be turned on until the provisions of §101.1 have been met.

History

SOURCE: 12 DCRR §401.1 (October 1981).

21 DCMR § 102 TAPS AND CONNECTIONS

102.1 No public watermain shall be tapped or connections made to a public watermain under any circumstances, except by the regular tappers or construction forces of the Department.

102.2 The provision of taps or connections to the public watermain shall be at the expense of the applicant.

102.3 Upon application, approval, deposit of cost by the applicant, and the submission of an executed "Authority Card" for each service, the Department will install taps (sizes 3/4 in. through 2 in.), or connections (3 in. in diameter and larger) including tees, sleeves, valves, valve casings, or valve boxes.

102.4 Each water service larger than one and one-half inch (11/2 in.) shall have stop valve with approved valvebox as close as practicable to the public water main.

102.5 Taps or connections to watermains larger than twelve inches (12 in.) in diameter will not be permitted with-out specific written approval of the Director or his or her duly authorized representative.

102.6 No tap or connection shall be nearer than two feet (2 ft.) to a bell or coupling of a watermain.

102.7 No two (2) taps shall be nearer together than two feet (2 ft.).

102.8 In no case shall a water service pipe from the tap in the main to the building line be less than three-quarters of an inch (3/4 in.) in size.

102.9 In no case shall the valves of the service pipe be smaller in size than the supply pipe.

History

SOURCE: 12 DCRR §§401.2 and 401.3 (October 1981).

21 DCMR § 103 WATER SERVICE TO NEW BUILDINGS

103.1 Separate fire and domestic services shall be provided for any building, except as follows:

(a) An entirely metered service may be used for both domestic and fire service;

(b) A combined service with meter on the domestic branch only may be used where the fire service branch is used solely for supply of a closed circuit sprinkler system controlled by alarm valves or supervisory service; or

(c) A combined service with a standard meter on the domestic branch and a detector check of a type approve by the American Insurance Association (AIA) on the fire service branch may be used where the fire service branch supplies any open sprinkler system, standpipes, hose connection outlets, external fire hydrant, or other outlets.

103.2 Under §§103.1(b) and 103.1(c), if a combined service with domestic branch not exceeding two inches (2 in.) in diameter is to be installed, the domestic branch shall be supplied by means of a corporation cock inserted in the main line of the combined service by the Department at the expense of the applicant.

103.3 In all cases involving metering of branches of combined services, the meters shall be installed as close as practicable to the point of branching.

103.4 Curb-cocks and boxes shall be prohibited.

History

SOURCE: 12 DCRR §401.4 (October 1981).

21 DCMR § 104 ABANDONED SERVICE

104.1 No permit for a water supply to any property shall be installed until all outstanding charges for water consumed at the premises have been paid, and the applicant has made satisfactory arrangement with the Department for removal from the public main of all abandoned taps or connections formerly supplying all or any part of the property, including those taps or connections which will become abandoned after the installation of a new supply.

104.2 Except as otherwise provided in this section, an applicant shall have the option to do either of the following, subject to compliance with existing rules and regulations:

(a) Excavating and exposing the tap or connection (for removal by the Department) and backfilling the excavation; or

(b) Depositing (with the D.C. Treasurer) the amount of the fee fixed by the Director for the performance of all work in connection with the removal of the tap or connection.

104.3 In all cases where the connections are larger than two inches (2 in.), removal shall be accomplished by the Department in accordance with the option set forth in §104.2(b).

104.4 Under the option set forth in §104.2(a), the applicant shall be responsible for securing all required permits and for repairs to pavements.

104.5 No permit shall be issued for a temporary or special use of water through a tap or connection until the applicant (in addition to complying with the requirements of § 104.1) has deposited with the D.C. Treasurer the amount of the established fee for tap removal to cover the estimated cost of removal of the connection to be applied upon termination of that use. If the applicant has the tap removed under the option set forth in § 104.2(a), the applicant may apply for and receive a refund of the deposit.

104.6 No permit for razing a building shall be issued until the applicant has paid all outstanding charges for water consumed at the premises and has deposited with the D.C. Treasurer the amount of the established fee or the estimated cost of removal of all taps or connections formerly supplying the premises.

104.7 If the service pipe is definitely recorded as being of a type currently permitted by- the D.C. Plumbing Code and the applicant anticipates reusing it to supply new construction on the property, the deposit may be noted "Subject to approval of the Chief, Plumbing Inspection" and removal of the tap or connection deferred until completion of the new construction, at which time the deposit will be refunded if the old service is re-used.

104.8 If two (2) or more lots are integrated into one property, no razing permit for any building on that property shall be used until deposit is made by the applicant to cover removal of all abandoned taps and connections formerly supplying any portion of that property.

104.9 If an abandoned service is found to be leaking or defective, the owner of the property which was supplied by the service shall, within five (5) days of notice from the Department, arrange for tap or connection removal as provided in this section.

104.10 Written notice addressed to the owner of record as shown in the records of the Property Tax Division of the D.C. Department of Finance and Revenue, shall be deemed sufficient for the purpose of this section.

104.11 The Director may authorize removal of a tap or connection without notice to the property owner when, in his or her judgment, the condition of the service pipe constitutes a hazard to life, health, or property. The cost of removal of the tap or connection by the Department shall be charged to and collected from the owner.

104.12 The owner of property supplied by any service may be required by the Director to disconnect the service in accordance with the option set forth in this section, if either of the following apply:

(a) The service pipe has not been used for a period of one (1) year and no imminent use is apparent; or

(b) The service pipe is not definitely recorded as being of the type currently permitted by the D.C. Plumbing Code.

History

SOURCE: 12 DCRR §401.5 (October 1981).
EDITOR'S NOTE: The D.C. Plumbing Code referred to in this section has been superseded by D.C. Law 6-216. Construction Codes Approval and Amendments Act of 1986, effective March 21, 1987. Section 12 of D.C. Law 6-216 provides that the construction regulations existing prior to March 21, 1987, remain in effect for projects having reached specified stages of completion. D.C. Law 6-216 adopted the 1984 National BOCA Codes, and the 1985 D.C. Supplement to the National BOCA Codes. Effective November 27, 1992 (39 DCR 8665), the 1984 BOCA Codes, and the 1985 D.C. Supplement to the National BOCA Codes were superseded by the adoption of the 1990 BOCA Codes, and the 1992 D.C. Supplement to the BOCA Codes.

21 DCMR § 105 FIRE HYDRANTS AND OTHER WATER CONTROLS

105.1 No person shall open or cause to be opened or assist in opening any fire hydrant under the control of the Mayor of the District of Columbia, except as specifically provided in this section.

105.2 Fire hydrants may be opened in the case of actual fire, but only to the extent necessary to combat the fire.

105.3 Fire hydrants may be opened by employees of the District of Columbia who are authorized to do so.

105.4 The Director of the D.C. Department of Recreation may authorize the use of water from designated fire hydrants for community recreational purposes at no charge to the sponsors of the activity.

105.5 Fire hydrants may be opened by other persons who are authorized to do so in accordance with the provisions of §106.

105.6 In cases where Potomac water is needed for construction or other temporary purpose, a permit shall be issued by the Department for the use of fire hydrants, subject to the payment of the prevailing fee and the provisions of §106.

105.7 No person, other than authorized employees of the Department, shall turn off or turn on, or otherwise operate any water valve, cut off, curbcock, or similar control located in public space, except registered plumbers who are authorized to operate curbcocks, cutoffs, or similar controls on consumers services (excluding side valves, three inch (3 in.) and larger, leading from the public water main).

105.8 Conviction of a violation of the provisions of this section shall be punishable by a fine of one hundred dollars ($100).

History

SOURCE: Final Rulemaking (DES Order No. 40-42-01) published at 25DCR 7223 (February 2, 1979), incorporating text of Proposed Rulemaking published at 24 DCR 5407 (December 15, 1978); Article 23, §2 of the Police Regulations of the District of Columbia; 12 DCRR §§404.2, 404.3, 404.6 (October 1981).

21 DCMR § 106 PERMITS FOR USE OF WATER FROM FIRE HYDRANTS

106.1 Each person desiring the use of one or more fire hydrants for the purposes set forth in §105 and this section (except § 105.4) shall apply for a permit on the form provided by the Director. The proper forms are available from the Department.

106.2 Permission for use of hydrants for community recreational purposes shall be requested through the Department of Recreation.

106.3 The Department representative shall ensure that water from another source is not available before processing the permit application. If water from another source is available, the applicant shall be required to file for a permit to use a temporary tap or a connection.

106.4 The following fees shall be charged for use of fire hydrant water:

(a) For construction, demolition, dust control, or other similar purposes, the fee shall be based on usage for each fire hydrant.

(b) For swimming pools without meters, baptismal pools, tank trucks, storage tanks, and similar uses where the amount of water used can be determined, the fee shall be determined using the prevailing water rate.

Fire Hydrant Charges

Fire Hydrant Use Based on usage

106.5 Approved users of fire hydrants shall be responsible for the following:

(a) Damage that they may cause to the fire hydrant(s);

(b) The disconnection of all hoses and other appurtenances from the fire hydrant when the hydrant is not in use; and

106.6 Hose or pipe connections shall be equipped with an approved back flow preventer (such as an air gap or check valve) if there is any possibility of potential contamination of the water supply.

106.7 In cases where flow regulation valves are placed on the outlets of fire hydrants, those hydrants shall be turned on full when in use.

106.8 The use of any implement or tool, except the authorized fire hydrant key to turn the water from the hydrant on or off is prohibited.

History

SOURCE: Final Rulemaking (DES Order No. 40-42-01) published at 25 DCR 7223 (February 2, 1979), incorporating text of Proposed Rulemaking published at 24 DCR 5407 (December 15, 1978); 12 DCRR §§404.21(a), 404.22, 404.23, 404.25(a)-(f) (October 1981); as amended by Final Rulemaking published at 46 DCR 5943 (July 16, 1999); as amended by Final Rulemaking published at 50 DCR 6448 (August 8, 2003).

21 DCMR § 107 UNNECESSARY WASTE OF WATER

107.1 No occupant of premises into which water has been introduced shall permit the water to run or waste unnecessarily from any water pipe, hydrant, cock, street washing, or other fixture.

107.2 No occupant of premises into which water has been introduced shall permit the water to overflow or flood the sidewalk or foot pavement, and thus become annoying or dangerous.

107.3 No occupant of premises into which water has been introduced shall permit a flow of water to be conducted into adjacent premises, and there be used, except in case of fire or other emergency.

107.4 If any water pipe, hydrant, cock hose connection, curbcock box, or other fixture be found leaking, out of repair, or inoperable, and the occupant, owner, or agent of the premises refuses or neglects to have the necessary repairs made, after due notification by the Department; or if that person refuses admission to authorized representatives of the Department into the premises when in the official discharge of his or her duties, the water supply to the premises may be terminated until satisfactory repairs or arrangements have been made to prevent the waste or unlawful use.

107.5 Conviction of a violation of the provisions of this section shall be punishable by a fine of one hundred dollars ($ 100).

History

SOURCE: Article 23, §5 of the Police Regulations of the District of Columbia; 12 DCRR §404.5 (October 1981).

21 DCMR § 108 TAMPERING WITH WATER FIXTURES

108.1 No person shall willfully or maliciously break, remove, injure, deface, or destroy any water main, bend, branch, sleeve, cap, valve, valve box, hydrant, fountain, hose. connection, fire hydrant, service pipe, stopcock box, meter, or any other fixture, thing, or covering used or connected with the distribution of water throughout the avenues, streets, or alleys in the District of Columbia.

108.2 No person shall willfully or maliciously break, remove, injure, deface, or destroy any water main, bend, branch, sleeve, cap, valve, valve box, hydrant, fountain, hose connection, fire hydrant, service pipe, stopcock box, meter, or any other fixture, thing, or covering used or connected with the introduction of water into any building or structure in the District of Columbia.

108.3 Conviction of a violation of the provisions of this section shall be punishable by a fine of one hundred dollars ($100).

History

SOURCE: Article 23, § 3 of the Police Regulations of the District of Columbia; 12 DCRR §404.6 (October 1981).

21 DCMR § 109 REPORTS BY POLICE OFFICERS

109.1 It shall be the duty of all police officers to report in writing or otherwise to the Department any of the following:

(a) Any leak, waste, or break in any water main, service pipe, meter, fire hydrant, public hydrant, drinking fountain, standpipe, horse trough, hose connection, valve, stopcock, or other water supply facility.

(b) Any valve casing, stopcock box, meter housing, lawn washer (hose connection), or similar device without a proper or secure cover or plate;

(d) Any accumulation of ice in public space caused by a leak or waste in the District water system;

(e) Any damage to any appurtenance or item of equipment connected to or used in connection with the District water system resulting from an accident or any other cause;

(f) Any settlement or hazardous condition existing at any excavation or backfill in public space resulting from maintenance or repair work on the District water system;

(g) The number and locations of buildings destroyed by fire if supplied with water; or

(h) Generally all violations of this title and such further information as may in their judgment be important.

History

SOURCE: Article 23, §8 of the Police Regulations of the District of Columbia; 12 DCRR §404.8 (October 1981).

21 DCMR § 110 MAINTENANCE AND REPAIR OF WATER SERVICE PIPES

110.1 This section and §111 are promulgated in accordance with D.C. Official Code §8-205 (2001), under authority set forth in D.C. Code §8-205(g) (2001).

110.2 The Department shall maintain all water service pipe from the street mains to the property line.

110.3 If a portion of the structure (such as a porch, vault, or footing) projects beyond the property line, the Department shall maintain the water connection only to the outermost structural projection of the premises.

110.4 All pipes and appurtenances on private property shall be maintained by and at the expense of the property owner.

110.5 When action is necessary to expedite or facilitate the maintenance of a water connection, the Department may perform maintenance or repair work on private property if agreed to in advance by the property owner. The cost of the work, including overhead expenses, shall be paid by the property owner.

110.6 Excavations in public space made and left open by the Department for the use or convenience of registered plumbers employed by private owners or other parties for the repair of water service pipes or other water appurtenances, shall be promptly reported to the police division or precinct with jurisdiction over the area of excavation by telephone, and followed by written confirmation.

History

SOURCE: Article 23, §7 of the Police Regulations of the District of Columbia; 12 DCRR §§503.1, 503.4(a)-(b) (October 1981).

21 DCMR § 111 LEAKS IN WATER SERVICE PIPES

111.1 When there is a complaint of a leak in a building water connection, the Director shall determine if the leak is in public space or at a meter set by the District.

111.2 If the Department determines that the leak is in public space or at a meter set by the District, the leak shall be repaired at no cost to the property owner.

111.3 If the Department determines that the leak is not the responsibility of the District, the property owner shall be notified and shall be responsible for having the leak repaired by a registered master plumber at the owner's expense.

111.4 If a leaking water pipe is a public nuisance or hazard, or the leak is damaging property, the water supply to the premises will be shut-off immediately to abate the problem and shall remain shut-off until repairs are made.

111.5 If the property line and the building line are the same, and the leak is on public space, the Department shall insert the repaired service into the building and provide a service valve in the building. The owner shall be responsible for internal connection.

History

SOURCE: 12 DCRR §§503.4(e)-(g) (October 1981).

21 DCMR § 112 FEES

112.1 Fees for installation, inspection and removal/abandonment of water and sewer tap or connection, inspect meter setter or vault, inspect sewer main, manhole, catch basin, and meter relocation shall be as follows:

Inspection Fees:

Inspection Fees

Fee

Inspect Pointing Up Sewer Taps

$970

Inspect Insertion of Y-Branch

$345

Inspect Installation of Standard Cleanout

$345

Inspect Sewer Tap Removal

$345

Meter Setter Inspection

$265

Meter Setter Re-Inspection

$265

Meter Vault Inspection

$1,060

Meter Vault Re-Inspection

$1,060

Inspect pre-cast conc. vault for new meters

$4,000

Inspect installation of fire hydrant relocation

$3,000

Inspect installation of new fire hydrant

$3,000

Inspect new 8", 10", 12" water main

$7,000 + $12/LF

Inspect new 16", 20" water main

$10,000 + $12/LF

Inspect new ≥24" water main

$14,000 + $12/LF

Inspect new 10"–15" diameter sewer main

$7,000 + $12/LF

Inspect new 18"–30" diameter sewer main

$10,000 + $12/LF

Inspect new 36"–48" diameter sewer main

$20,000 + $12/LF

Inspect new ≥54" diameter sewer main

$25,000 + $12/LF

Inspect new sewer manhole/Catch Basin 0–10 vertical feet (vft)

$5,000

Inspect new sewer manhole/Catch Basin >10 ≤ 20 vft

$8,000

Inspect new sewer manhole/Catch Basin >20 ≤ 30 vft

$15,000

Inspect new sewer manhole/Catch Basin >30 vft

$20,000

Inspect sewer CCTV ≤ 24" public sewer main

$1,300 + $13/LF

Inspect sewer CCTV 24"–36" public sewer main

$1,500 + $15/LF

Inspect sewer CCTV 42"–48" public sewer main

$1,700 + $17/LF

Inspect sewer CCTV 54"–72" public sewer main

$2,000 + $20/LF

Inspect sewer CCTV > 72" public sewer main

$4,000 + $40/LF

Inspect sewer CCTV and relining ≤ 24" public sewer

$2,300 + $23/LF

Inspect sewer CCTV and relining 24"–36" public sewer

$2,900 + $29/LF

Inspect sewer CCTV and relining 42"–48" public sewer

$3,400 + $34/LF

Inspect sewer CCTV and relining 54"–72" public sewer

$4,000 + $40/LF

Inspect sewer CCTV and relining > 72" public sewer

$8,000 + $80/LF

Tap Insertion and Abandonment Fees:

Fee Name

Fee

Tap Insertion – 1” diameter

$485

Tap Insertion – 1-1/2” diameter

$565

Tap Insertion – 2” diameter

$610

Water Connection 3” and Larger

$2,650

Water Tap Removal/Abandonment – 2” diameter or less

$455

Water Tap Removal/Abandonment – greater than 2” diameter

$905

112.2 Fees for fire hydrants flow tests; fire hydrant meter rentals; rentals of fire hydrant meters with backflow preventer; and for the installation and removal of water bubblers shall be as follows:

Fee Name

Fee

Fire Hydrant Flow Test (Field Test)

$340

Fire Hydrant Flow Test (Computer Model)

$340

Fire Hydrant Flow Test (Recent Test Record Available)

$145

Fire Hydrant Use – Water and Sewer Rate

Usage-Based, see 21 DCMR Chapter 41

Letter in Lieu of Hydrant Flow Test

$265

Fire Hydrant Permit Fee

$80

Private Fire Hydrant Flush

$100

3” Fire Hydrant Meter Deposit

$2,000 per rental

3” Fire Hydrant Meter Rental <15 days

$225

3” Fire Hydrant Meter Rental ≥15 days

$15 per day

3” Fire Hydrant Meter w/Backflow Preventer Deposit

$3,000 per rental

3” Fire Hydrant Meter w/Backflow Preventer Rental <15 days

$300 per rental

3” Fire Hydrant Meter w/Backflow Preventer Rental ≥15 days

$20 per day

5/8” Fire Hydrant Meter w/Backflow Preventer Deposit

$1,000 per rental

5/8” Fire Hydrant Meter w/Backflow Preventer Rental <15 days

$225 per rental

5/8” Fire Hydrant Meter w/Backflow Preventer Rental ≥15 days

$15 per day

112.3 For the purposes of § 112.2, the phrase "in the same general location" means that the distance between the first and last bubbler of the group is eight thousand feet (8,000 ft.) or less. A distance greater than eight thousand feet (8,000 ft.) shall require a separate crew.

112.4 Retail customer fees and charges; legal and copying fees; and event and equipment fees shall be as follows:

Retail customer fees and charges shall be as follows:

Fee Name

Fee

Customer Bad Check Fee

$35

Customer Penalty Late Payment Fee

10.00% after 30 days

Additional Penalty Late Payment Fee

1%/month after 60 days,

compounded monthly

New Customer Account Initiation Fee

$60

Disconnection Fee

$60

Reconnection Fee – Residential Customer

$55

Reconnection Fee – Multi-Family and

Non-Residential Customer

$110

Unauthorized Water or Sewer Connection:

First Offense

$400

Second Offense

$800

Each Subsequent Offense

$1,200

Notice of Follow Up (NOFOL) Compliance Fee

$505

Broken Bypass Seal

$790

Second Water Audit within 24 months

$145

Manual Meter Reading Fee Residential1

$25 per month/meter

Manual Meter Reading Fee1

Multi-Family and Non-Residential

5/8”-2”

$110 per month/meter

3”-4”

$265 per month/meter

6” & greater

$530 per month/meter

Manual Meter Read Fee in paragraph 112.14(a) is charged, after notice, when the meter reads are not transmitting and 1) customer does not provide access to the premises for DC Water to read the meter, 2) customer does not provide access to the premises for DC Water to maintain the meter or meter transmission system, or 3) customer fails to perform corrective action necessary for DC Water to install or maintain the meter or meter transmission system.

Legal and copying fees shall be as follows:

Fee Name

Fee

Witness Fee

$40 + Travel Expenses

DC Water Staff Expert Witness Fee

Hour(s) x (Base Salary + Fringe) $/hr. + Travel Expenses

Document Duplication Fee

Standard Letter and Legal Page

$0.75 per sheet

Event fees shall be as follows:

Size of Event (Attendees)

Minimum Number of DC Water Personnel Per Event1

Cost per Event at $100/hour per person

100 – 2,000

$200/hour

2,000 – 5,000

$400/hour

5,000 or more

$600/hour

The “Number of DC Water Personnel Per Event” referenced in paragraph 112.4(d) refers to the minimum number of personnel required for the event. Upon review of the event specifications, DC Water shall determine the appropriate number of personnel based on the assessed need.

Equipment fees shall be as follows:

Event Equipment

Cost per Unit per Event

Misting Tent

$625/day

Cooling Station

$480/day

DC Water Mascot

$85/hour

112.5 Fees for engineering reviews both standard and expedited, excessive submission, and as-builts shall be as follows:

Small Project and Hybrid Project Plan Review Fees shall be as provided in the table below for Small Projects, which are defined to include:

Small Residential project subject to 12-B DCMR Residential Code Supplement with water service and meter two inches (2”) or less;

Small Non-Residential project subject to 12-A DCMR Building Code Supplement with water service and meter inches (2”) or less;

Small Hybrid means a Small Residential or Small Non-Residential project with a domestic water service and meter two inches (2”) or less and a fire service greater than two inches (2”); or

Projects requiring only a sewer connection six inches (6”) or less in diameter or only a storm connection less than fifteen inches (15”) in diameter.

Fee Name

Standard Fee

Expedited Review Fee

Standard Review Time* (Business Days)

Expedited Review Time*

(Business Days)

Small Project Base Plan - 1st Submission Administrative Fee – All Small Projects

$215

N/A

Small Project Rejected Plan Resubmission Administrative Fee - All Small Projects

$110

N/A

Small Project Sheet and Shore - All Small Projects

$1,325

$2,650

Small Residential Project per meter connection

$1,590

$3,180

Small Non-Residential Project per meter connection

$5,300

$10,600

Small Hybrid Project per meter connection

$7,155

$14,310

Small Residential Approved Plan Revision (APR) per metered connection

$530

$1,060

Small Non-Residential or Hybrid APR per metered connection

$1,540

$3,075

Small Residential, Small Non-Residential or Small Hybrid Raze Permit Review and Utility Release Letter - No Abandonment

$425

$850

Small Project Raze Permit Review and Utility Release Letter - With Abandonments

$1,060

$2,120

Small Non-Residential Temporary Water Connections

$2,120

$4,240

Small Project Sanitary or Combined Sewer connection 6" or less

$1,060

$2,120

Small Project Storm sewer connection only less than 15"

$1,060

$2,120

*Review times are estimated; Actual time may vary.

Large Project Plan Review Fees for projects having a domestic water service and fire service greater than two inches (2”) in diameter shall be subject to fees provided in the table below as follows:

Fee Name

Standard Fee

Expedited Review Fee

Standard Review Time* (Business Days)

Expedited Review Time*

(Business Days)

Large Project Base Plan - 1st Submission Administrative Fee

$215

N/A

Large Project Rejected Plan Resubmission Administrative Fee

$110

N/A

Large Project Plan Review Fee per meter:

$15,900

$ 31,800

Large Project Foundation to Grade

$1,860

$3,710

Large Project Approved Plan Revision (APR)

$2,120

$4,240

Large Project Sheeting and Shoring

$13,250

$26,500

Large Project Temporary Water Connections

$5,300

$10,600

Large Fire Service Only Greater than 2” - with no interior renovations

$5,300

$10,600

Large Sanitary or Combined Connection Only 8” or larger

$5,300

$10,600

Large Storm Connection Only 15” or larger

$5,300

$10,600

Large Water Meter Size Reduction Plan (with no other work)

$5,300

$10,600

Large Project Raze Only Utility Release Letter - No Abandonments

$530

$1,060

Large Project Raze Only Utility Release Letter - With Abandonments

$1,590

$3,180

Utility Infrastructure Only Review Fee (0 to 1,000 linear feet of water and/or sewer mains)

$10,600

$21,200

Utility Infrastructure Only Review Fee (1,000 – 2,500 linear feet of water and/or sewer mains)

$15,900

$31,800

Utility Infrastructure Only Review Fee (greater than 2,500 linear feet of water and/or sewer mains)

$19,080

$38,160

*Review times are estimated; Actual time may vary.

Miscellaneous Fees shall be as provided in the table below as follows:

Fee Name

Standard Fee

Expedited Review Fee

Standard Review Time* (Business Days)

Expedited Review Time*

(Business Days

Small Residential Plan Excessive Submission Review (5th review or more) per metered connection

$530

N/A

Based on No. of metered connections

1 to 5 metered connections

6 to 20 metered connections

21 to 50 metered connections

greater than 50 metered connections

Small Non-Residential and Small Hybrid Plan Excessive Submission Review (5th review or more) per metered connection

$795

N/A

Based on No. of metered connections

1-3 metered connections

4 or more metered connections

Large Plan Excessive Submission Review (5th review or more)

$3,710

$7,420

Request for Information (RFI)

$190

$375

Request for As-Built Drawings

$215

$425

Water and Sewer Availability Letter

$795

$1,380

Processing of Standard Easement and Covenant (Initial Document)

$2,120

$4,240

Processing of Non-Standard Easement and Covenant (Initial Document)

$9,010

$18,020

One Day Plan Design and Review and Approval (Velocity Sign-Off Program)

$26,500

N/A

Large Meter Relocation Fee

$5,000

N/A

Small Meter Relocation Fee (Non-Residential/Multi-Family)

$2,500

N/A

Small Meter Relocation Fee (Residential)

$1,500

N/A

Reconfiguration of Fire System (adding small Fire Split, 2” or less) (Non-Residential/Multi-Family)

$2,500

N/A

Reconfiguration of Fire System (adding small Fire Split, 2” or less) (Residential)

$1,500

N/A

ProjectDox Signoff on Category I & II and Swimming Pool

$200

N/A

Non-DC Water Zone of Influence (ZOI) Sheeting and Shoring (not within the influence of DC Water’s assets)

$500

N/A

ProjectDox Foundation to Grade

$500

N/A

Non-Department of Transportation (DDOT) Building Civil Permit (non-DDOT BCIV) (Any project that is not DDOT related)

$500

N/A

Building Civil Permit Erosion Sediment Control (BCIV ESC)

$500

N/A

*Review times are estimated; Actual time may vary.

DC Water “Velocity” Sign-Off Program (One Day Final Plan Review and Approval) - a District Department of Buildings (DOB) permit applicant may request to participate in the DC Water “Velocity” program in accordance with the following requirements:

Participation in DC Water’s “Velocity” Sign-Off Program only applies to plans resubmitted after DC Water’s initial standard or expedited plan review.

Applicant shall pay the minimum DC Water “Velocity” Sign-Off Program fee of $25,000 in addition to the applicable plan review fee and any other applicable fees.

DC Water shall determine if the plans are eligible (complete and suitable) to participate in the program and that staff are available to perform the review requested.

Upon acceptance into the DC Water “Velocity” Sign-Off Program, DC Water shall schedule a meeting with the Applicant to review and approve the plans, not less than one (1) week after the request to participate in the program.

DC Water shall schedule one four-hour plan review and approval meeting, during which the Applicant shall present the revised plans and responses.

If approved, the Applicant shall pay all required fees (e.g., SAF, inspection review, deposits, etc.) and DC Water shall issue the Water and Sewer Approval Certificate and approve the plans in ProjectDox.

If DC Water issues additional comments or requirements, the applicant shall resubmit the revised plans within two (2) business days, and if all comments are acceptable, the plans shall be approved within one business day.

Existing/Proposed As-Built Fee shall be as provided in the table below as follows:

Fee Name

Fee

Small Residential

$265 (each bldg.)

Small Non-Residential

$265 (each bldg.)

Small Hybrid

$265 (each bldg.)

Large Project

$795 (Each Connection – water or sewer)

Installation of New Water or Sewer Main (20 to 100 feet)

$2,650

Each additional 200 feet of Water Main

$2,120

Each additional 400 feet of Sewer Main

$2,120

Installation of Water Main - larger than 24" in diameter

Determined on a per project basis

Installation of Sewer Main - larger than 60” in diameter

Determined on a per project basis

112.6 Waste Hauler Permit and Disposal Fees; Pretreatment Industrial User Permit and Sampling Fees; High Strength Waste Fees; and FOG Facility fees shall be as follows:

Fee Name

Fee

Waste Hauler Discharge Annual Permit Fee per Vehicle

$55

Waste Hauler Disposal Fees

High strength grease trap waste

$0.091 per gallon

High strength septage waste

$0.091 per gallon

Domestic strength waste

$0.004 per gallon

Low strength waste

$0.004 per gallon

Industrial User Permit Fees

Permit Initial Fee

$3,040

Permit Renewal Fee

$1,015

Industrial User Annual Compliance Fees

Significant or Non-Significant Categorical User

1 Outfall

$3,490

2 or more Outfalls

$4,835

Significant Non-Categorical Industrial User

I Outfall

$3,490

2 or more Outfalls

$4,835

Non-Significant Non-Categorical User

1 Outfall

$790

2 or more Outfalls

$1,015

Sampling and Analysis Fees

PFAS (Per – Polyfluoroalkyl Substances)

1st Sample

$895 per sample

Each Additional Sample

$420 per sample

High Strength Waste Fees

Biochemical Oxygen Demand (BOD)

$0.151 per pound

Total Suspended Solids (TSS)

$0.350 per pound

Total Kjeldahl Nitrogen (TKN) or Total Nitrogen (TN)

$1.526 per pound

Total Phosphorus (TP)

$9.815 per pound

Fats, Oil and Grease (FOG) Facility Monthly Fee

$24.50 per month

112.7 Private Lead Service Line Replacement Fee

(a) The fee for replacing the customer's portion of the lead water service line outside the home shall be $100 per linear foot;

(b) The fee for replacing the customer's portion of the lead water service line from the point of entry outside the house to the first threaded connection inside the house shall be $500; and

(c) These fees shall be evaluated and revised as necessary within one year to continue to reflect the actual cost of replacing the customer's portion of the lead water service line.

112.8 The District of Columbia Right-of-Way Occupancy (ROW) Fee pass through charge and the Payment-in-Lieu of Taxes (PILOT) Fee shall be as follows:

District of Columbia Right-of-Way Fee, assessed to recover the cost of fees charged by the District of Columbia to DC Water for use of District of Columbia public space and rights of way, for each one hundred cubic feet (1 Ccf) of water use shall be:

Effective October 1, 2024

Effective October 1, 2025

Customer

Per Ccf of

water use

Per 1,000 Gals. of

water use

Per Ccf of

water use

Per 1,000 Gals. of

water use

Residential

$0.19

$0.25

$0.20

$0.27

Multi-Family

$0.19

$0.25

$0.20

$0.27

Non-Residential

$0.19

$0.25

$0.20

$0.27

Payment-in-Lieu of Taxes (PILOT) Fee to the District of Columbia Office of the Chief Financial Officer (OCFO), assessed to cover the amount which DC Water pays each fiscal year to the District of Columbia, consistent with DC Water's enabling statute for public goods and services received from the District of Columbia, for each one hundred cubic feet (1 Ccf) of water use shall be:

Effective October 1, 2024

Effective October 1, 2025

Customer

Per Ccf of

water use

Per 1,000 Gals. of

water use

Per Ccf of

water use

Per 1,000 Gals. of

water use

Residential

$0.61

$0.82

$0.62

$0.83

Multi-Family

$0.61

$0.82

$0.62

$0.83

Non-Residential

$0.61

$0.82

$0.62

$0.83

112.9 Customer Metering Fee – Monthly fees for installing, operating, and maintaining meters shall be as follows:

Effective October 1, 2020

Effective October 1, 2021

Meter Size (inches)

Monthly Fee per Meter

5/8"

$4.96

$7.75

3/4"

$5.22

$8.16

1”

$5.86

$9.16

1”x1.25”

$6.21

$9.70

1.5”

$8.85

$13.82

2”

$9.69

$15.14

2”x1/2”

$10.28

$16.07

2”x5/8”

$10.28

$16.07

3”

$98.92

$154.56

3”x5/8”

$100.16

$156.49

3”x3/4”

$100.16

$156.49

4”

$176.52

$275.81

4”x3/4”

$177.52

$277.38

4”x1”

$177.52

$277.38

4x2

$177.52

$277.38

4”x2”x5/8”

$232.64

$363.49

6”

$344.56

$538.37

6”x1/2”

$415.17

$648.70

6”x1”

$350.42

$547.52

6”x1-1/2”

$350.42

$547.52

6”x3”

$415.17

$648.70

6”x3”x3/4”,

$415.17

$648.70

8”

$415.42

$649.10

8”x2”

$415.42

$649.10

8”x4”x1”

$460.36

$719.31

10”

$408.51

$638.30

10”x2”

$518.65

$810.38

10”x6”

$518.65

$810.38

10”x6”x1”

$518.65

$810.38

12”

$423.61

$661.89

12”x6”

$423.61

$661.89

16”

$449.04

$701.62

112.10 For purposes of this section, the phrase “Water System Replacement Fee” (WSRF) means the monthly fee charged to residential, multi-family, and non-residential customers to recover the cost of the one percent (1%) renewal and replacement of aging water infrastructure.

Residential, multi-family, and non-residential customers shall be charged a monthly Water System Replacement Fee as follows:

Meter Size

(inches)

Meter Register Type

Monthly Water System Replacement Fee

5/8”

Single Register

$ 6.30

3/4"

Single Register

$ 7.39

1”

Single Register

$ 9.67

1”x1.25”

Single and Multiple Register

$ 15.40

1.5”

Single Register

$ 41.35

2”

Single and Multiple Register

$ 83.75

3”

Single and Multiple Register

$ 232.13

4”

Single and Multiple Register

$ 561.02

6”

Single and Multiple Register

$ 1,292.14

8”

Single and Multiple Register

$ 5,785.51

8”x2”

Multiple Register

$ 1,899.60

8”x4”x1”

Multiple Register

$ 2,438.35

10”

Single and Multiple Register

$ 6,679.65

12”

Single and Multiple Register

$ 6,679.65

16”

Single and Multiple Register

$ 6,679.65

Residential customer, whose premises is served by a meter that is larger than one inch (1”), shall be charged a monthly Water System Replacement fee set forth in Subsection 112.10(a) for a one inch (1”) meter.

A Multi-Family customer that is a cooperative housing association, and whose premises is comprised exclusively of single family attached or detached dwelling structures and served by a master meter, may request a Multi-Family WSRF adjustment to modify the combined domestic meter size based on the peak domestic water demand, excluding fire demand, for that premises.

The eligible Multi-Family customer must submit the following information and fees to DC Water for review and processing:

Record(s) demonstrating that each unit in the cooperative housing association is a single-family attached or detached dwelling unit;

A site plan, prepared by a District of Columbia licensed professional engineer, architect, or master plumber or other licensed professional, drawn to scale showing the water distribution and service lines, location of the meter, fire hydrant(s), structures, and ancillary systems, including, but not limited to irrigation system(s), swimming pool(s) and fountain(s);

The proposed modified combined domestic meter size calculated using the meter sizing computations for the peak domestic water demand for the premises, excluding fire demand, prepared by a District of Columbia licensed professional engineer, architect, or master plumber or other licensed professional in accordance with the District of Columbia Plumbing Code; and

Payment of the Approved Plan Revision Engineering Review Fee.

Upon approval of a request for a Multi-Family WSRF adjustment, the Multi-Family customer will be charged the WSRF based on the approved modified combined domestic meter size as set forth in Subsection 112.10(a). No retroactive credits or refunds will be provided for WSRF billed prior to the approval of the Multi-Family WSRF adjustment.

The size of the master meter used to deliver water to the premises will be calculated using the peak water demand including fire demand in accordance with the District of Columbia Plumbing Code.

112.11 Effective June 1, 2018, DCRA Construction Permit Applicants and federal facilities shall be assessed a System Availability Fee (SAF) for new water and sewer connections and renovation or redevelopment projects for existing connections to the District’s potable water and sanitary sewer systems based on the SAF meter size in accordance with the following fee schedule and requirements:

Residential customers shall be charged a System Availability Fee based on the SAF meter size as listed below:

SAF Meter Size

(inches)

Water System Availability Fee

Sewer System Availability Fee

Total System Availability Fee

5/8”

$ 1,135

$ 2,809

$ 3,944

3/4"

$ 1,135

$ 2,809

$ 3,944

1”

$ 1,135

$ 2,809

$ 3,944

1”x1.25”

$ 2,047

$ 5,066

$ 7,113

1.5”

$ 5,491

$ 13,591

$ 19,082

2”

$ 11,125

$ 27,536

$ 38,661

3”

$ 32,500

$ 80,442

$ 112,942

Multi-Family and all Non-Residential customers shall be charged a System Availability Fee based on the SAF meter size as listed below:

SAF Meter Size

(inches)

Water System Availability Fee

Sewer System Availability Fee

Total System Availability Fee

1” or smaller

$ 1,282

$ 3,173

$ 4,455

1”x1.25”

$ 2,047

$ 5,066

$ 7,113

1.5”

$ 5,491

$ 13,591

$ 19,082

2”

$ 11,125

$ 27,536

$ 38,661

3”

$ 32,500

$ 80,442

$ 112,942

4”

$ 83,388

$ 206,394

$ 289,782

6”

$ 229,246

$ 567,408

$ 796,654

8”

$ 229,246

$ 567,408

$ 796,654

8”x2”

$ 229,246

$ 567,408

$ 796,654

8”x4”x1”

$ 229,246

$ 567,408

$ 796,654

10”

$ 229,246

$ 567,408

$ 796,654

12”

$ 229,246

$ 567,408

$ 796,654

16”

$ 229,246

$ 567,408

$ 796,654

The SAF meter size shall be computed for the peak water demand, excluding fire demand in accordance with D.C. Construction Codes Supplement, as amended, Chapter 3 (Water Meters) of this title, and DC Water’s Meter Sizing Instructions and Worksheets.

The SAF shall be assessed for any premise, building or structure that requires a new metered water service connection to the District’s potable water and/or sanitary sewer systems.

The Net SAF shall be assessed for renovation or redevelopment projects for any premise, building or structure that uses an existing metered water service connection to the District’s potable water and/or sanitary sewer systems.

For a renovation or redevelopment project on a property that already had/has a DC Water meter(s) and account(s), DC Water shall determine the Net SAF based on the difference between the property’s new System Availability Fee determined by the SAF meter size(s) (SAF) and the SAF Credit determined by the old meter size(s) for the meters(s) being removed from the system:

Net SAF = SAF – SAF Credit

Properties under renovation or redevelopment shall not receive a SAF Credit for the DC Water account(s) that have been inactive for more than twenty-four (24) months prior to DC Water’s issuance of the Certificate of Approval.

For any new premise, building or structure that includes one or more affordable housing unit (AHU), DC Water shall also provide an AHU Credit equal to:

AHU Credit - Three Thousand Nine Hundred Forty-Four dollars ($3,944) for each AHU in a metered residential structure of three (3) or less units (e.g., single-family structure, townhouse, condominium, cooperative housing association unit, or apartment).

% AHU Credit or % Net AHU Credit - The percentage of affordable housing units credit (% AHU credit) or percentage of additional AHU credit (% Net AHU Credit) in a metered multi-family residential structure of four or more housing units (condominium, cooperative housing association, or apartment) determined as follows: % AHU (or % Net AHU) equals the number of AHUs (or Net AHU) divided by total number of residential units (RU) times one hundred (100) times the SAF:

% AHU = (AHU ÷ RU) x 100

AHU Credit = % AHU x SAF

For a renovation or redevelopment project that includes replacing existing affordable housing units and/or the construction of additional affordable housing units, DC Water shall provide a Net AHU Credit as provided in Section 112.11(h) based on the percentage of additional affordable housing units (% Net AHU) determined as follows: % Net AHU equals the number of additional AHUs (Net AHU) divided by the total number of residential units times one hundred (100):

% Net AHU = ((Net AHU) ÷ RU) x 100

Net AHU Credit = (% Net AHU) x SAF

The Net AHU shall be determined based on the difference between the total number of affordable housing units constructed after completing the renovation/redevelopment project (aAHU) and the total number of affordable housing units existing prior to the renovation/redevelopment project (bAHU). If aAHU is less than bAHU (less than zero), no Net AHU Credit will be provided:

Net AHU = (aAHU – bAHU)

Projects that request AHU or Net AHU Credits shall submit one or more of the following documents:

Land Disposition Development Agreement;

Zoning Commission Order;

Planned Unit Development Covenant;

Certificate of Inclusionary Zoning; or

Letter from the District financing agency that establishes the number of AHU in the property.

If the Net System Availability Fee (less AHU Credit or Net AHU Credit) is zero or less, no System Availability Fee shall be charged.

If the Net System Availability Fee (less AHU Credit or Net AHU Credit) is greater than zero, DC Water shall assess the System Availability Fee.

DC Water may request documentation to confirm the number of proposed affordable housing units that were actually constructed. If the number of constructed AHUs is less than the proposed AHUs, DC Water shall bill the property owner the amount of the AHU Credit or Net AHU Credit for the unconstructed AHUs.

For DCRA Construction Permit applicants, payment of the System Availability Fee shall be a condition for DC Water’s issuance of the Certificate of Approval.

DCRA Construction Permit applicants that submitted plans and specifications to DC Water prior to the effective date of these regulations, shall not be subject to the System Availability Fee provided:

The DC Water Engineering Review fee(s) has been paid;

The plans, specifications and other information necessary to meet the requirements listed in DC Water Project Submission Checklist has been accepted for review by DC Water in support of a DCRA Building Permit for the project, without substantial revisions that result in the change in the peak water demand that changes the size or number of meter connections for the project;

The DCRA Building Permit for the premise, building, or structure requiring water and sewer service is submitted to DCRA and accepted for review by DCRA within one calendar year after the effective date of these regulations; and

DC Water issues the Certificate of Approval within one calendar year after the effective date of these regulations, unless DC Water’s review is delayed due to a force majeure event that closes DC Water’s offices for one or more days one week before June 1, 2019.

For federal facilities, payment of the System Availability Fee shall be a condition of DC Water’s issuance of the Certificate of Approval.

Before June 1, 2021, the property owner may request to pay the System Availability Fee in four equal installments, with the final payment due no later than one calendar year after the execution date of a Payment Plan Agreement. Execution of a Payment Plan Agreement and payment of the first installment payment, shall be a condition of DC Water’s issuance of the Certificate of Approval. Any overdue payments under the Payment Plan Agreement shall be treated as an overdue bill for water and sewer service charges as set forth in D.C. Official Code § 34-2407.02.

In the case that the DCRA Construction Permit is not issued or is revoked or the project is not constructed, upon written request from the property owner, DC Water shall issue the property owner a refund of the System Availability Fee.

112.12 Cross-Connection/ Back Flow Prevention Fees and Turn-Off Charges

The Cross-Connection/ Back Flow Prevention Fees and Turn-Off Charges shall be as follows:

Fee Name

Fee

Cross-Connection/Back Flow Prevention Monthly Fee per Assembly

$6.20

Cross-Connection - Water Service Disconnection - 5/8” to 2”

$230

Cross-Connection - Water Service Disconnection - 3” to 5”

$455

Cross-Connection - Water Service Disconnection - 6” and larger

$1,015

112.13 Except as provided below, Non-Residential Customers shall be charged the FOG Facility Monthly fee as provided in 21 DCMR § 112.6 for each Food Service Establishment (FSE) that operates on the premises and has the potential to discharge oil or grease laden wastewater to the District’s wastewater system in accordance with the following requirements:

(a) Applicable Food Service Establishments (FSE) shall include, but not limited to: bakeries; bars; candy manufacturers; cafeterias, caterers; coffee shops; delicatessens; commercial kitchens operated in educational institutions, hospitals, hotels/motels, and religious institutions; grocery stores; wholesale or retail ice cream facilities; wholesale and retail marine food facilities; restaurants; and other wholesale or retail facilities that have the potential to discharge oil or grease laden wastewater to the District’s wastewater system; and subject to: the District’s Pretreatment Standards and limits provided in 21 DCMR §§ 1501.01 et seq. and the District of Columbia Consumer and Regulatory Affairs Food Establishment Wholesale or Retail Licensing and grease abatement requirements.

(b) The FOG Facility Monthly fee shall not be charged as follows:

The Customer notifies General Manager that the FSE operates under an Industrial User Pretreatment Permit issued pursuant to the requirements in 21 DCMR Chapter 15, Discharges to Wastewater System;

The Customer notifies the General Manager that the FSE does not exist or is permanently closed; or temporarily closed due to construction or renovation and notifies DC Water thirty (30) days prior the opening/operation of the FSE; or

(3) The Customer requests a Zero FOG Discharge Exemption that the FSE does not have the potential to discharge oil or grease laden wastewater to the District’s wastewater system in accordance with the following requirements:

(A) The Customer submits a DC Water Food Service Establishment Wastewater Questionnaire to the General Manager that demonstrates the FSE on the premises does not have the potential to discharge oil or grease laden wastewater to the District’s wastewater system.

(B) Upon receipt of the DC Water Food Service Establishment Wastewater Questionnaire the General Manager shall conduct a site inspection to confirm that the FSE on the premises does not have the potential to discharge grease laden wastewater to the District’s wastewater system. Please note: During the review of the Zero FOG Discharge Exemption request, the account shall continue to be billed for the FOG Facility Monthly Fee, but shall not be subject to any penalty, or interest charge for nonpayment of the Fee.

(C) The General Manager shall issue a written determination approving or denying the Zero FOG Discharge Exemption and if approved, shall credit the account for amount of the FOG Monthly Fee billed as of the date of the request for exemption.

The Customer may challenge the bill or the determination of the General Manager denying the Zero FOG Discharge Exemption in accordance with the procedures set forth in Chapter 4 of this title.

112.14 Freedom of Information Act Request Response Processing Fees shall be as follows:

DC Water shall charge the following FOIA Fees in response to a Freedom Information Act (FOIA) request for documents pursuant to the FOIA of 1976, effective March 25, 1977, D.C. Law 1-96, as amended:

FOIA Fee Name

Fee

FOIA Document Search Fee

Hour(s) x Staff Base Salary/hr.

FOIA Document Review & Redaction Fee

Hour(s) x Staff Base Salary/hr.

FOIA Document Duplication Fee

Standard Letter and Legal Page

$0.75 per sheet

Electronic Conversion Fee

Hour(s) x Staff Base Salary/hr.

The Staff Base Salary shall be the current Base Salary for the staff performing the search, review or electronic conversion and applied at a hourly rate to the nearest penny.

The FOIA Document Search Fee, FOIA Document Review & Redaction Fee, and FOIA Document Electronic Conversion Fee shall be calculated by multiplying the number of hours by the hourly rate of the staff person performing that task.

The FOIA Document Search Fee shall be charged even if the requested records cannot be located after a thorough, good-faith search.

FOIA Fees may be waived or reduced if DC Water determines the request is in the public interest because furnishing the information can be considered as primarily benefiting the general public.

A FOIA requester seeking a FOIA Fee waiver or reduction under Section 112.14(d), shall provide a statement in the FOIA request explaining how furnishing the requested record(s) will primarily benefit the general public. The explanation shall address how the requested records will likely contribute significantly to public understanding of the operation or activities of DC Water.

DC Water may request an advanced payment in full of the FOIA Fees if:

The requester previously failed to pay the FOIA Fees; or

DC Water determines the estimated FOIA Fees will exceed $250.

With respect to any FOIA request for which payment of FOIA Fees in advance is required, DC Water shall consider such request to have been withdrawn and shall administratively close such request if the requester has not paid the required FOIA Fee within sixty (60) days of the date when the requester is informed of the fee.

FOIA fees shall be paid in full prior to DC Water providing access or issuance of the requested documents.

A receipt of FOIA Fees paid shall be given only upon request. No refund of the FOIA Fees shall be made for services rendered.

If a request is administratively closed, a requester must submit a new FOIA request to obtain the requested records.

If the FOIA requester withdraws their request or it is administratively closed, the requester shall be responsible for payment of the FOIA Fees incurred up to the date of withdrawal.

In accordance with applicable law:

Fees shall be limited to reasonable standard charges for document search, duplication, and review and redaction when records are requested for commercial use;

Fees shall be limited to reasonable standard charges for document duplication when records are not sought for commercial use and the request is made by an educational or non-commercial scientific institution for scholarly or scientific research or a representative of the news media;

For any request for records not described in paragraphs (1) or (2) of this subsection, fees shall be limited to reasonable standard charges for document search and duplication; and

Only the direct costs of search, duplication, or review and redaction may be recovered.

History

SOURCE: Final Rulemaking published at 31 DCR 1729 (April 13, 1984); as amended by Final Rulemaking published at 33 DCR 3109 (May 23, 1986); as amended by Final Rulemaking published at 46 DCR 5943 (July 16, 1999); as amended by Final Rulemaking published at 49 DCR 5977 (June 28, 2002); as amended by Final Rulemaking published at 50 DCR 6448 (August 8, 2003); as amended by Final Rulemaking published at 51 DCR 6836 (July 9, 2004); as amended by Final Rulemaking published at 52 DCR 8527 (September 16, 2005); as amended by Final Rulemaking published at 53 DCR 7654 (September 22, 2006); as amended by Final Rulemaking published at 54 DCR 9180 (September 21, 2007); as amended by Final Rulemaking published at 55 DCR 9844 (September 19, 2008); as amended by Final Rulemaking published at 56 DCR 7543 (September 18, 2009); as amended by Final Rulemaking published at 57 DCR 8419, 8421 (September 17, 2010); as amended by Final Rulemaking published at 58 DCR 6945 (August 12, 2011); as amended by Final Rulemaking published at 58 DCR 6941, 6943 (August 12, 2011); as amended by Final Rulemaking published at 59 DCR 8820, 8824 (July 27, 2012); as amended by Final Rulemaking published at 60 DCR 11239 (August 2, 2013); as amended by Final Rulemaking published at 61 DCR 9613 (September 19, 2014); as amended by Final Rulemaking published at 62 DCR 9798 (July 17, 2015); as amended by Final Rulemaking published at 62 DCR 12422 (September 11, 2015); as amended by Final Rulemaking published at 63 DCR 8505 (June 17, 2016); as amended by Final Rulemaking published at 63 DCR 9696 (July 22, 2016); as amended by Final Rulemaking published at 64 DCR 9613 (September 29, 2017); as amended by Final Rulemaking published at 65 DCR 0437 (January 19, 2018); as amended by Final Rulemaking published at 65 DCR 1722 (February 16, 2018); as amended by Final Rulemaking published at 65 DCR 5674 (May 18, 2018); as amended by Final Rulemaking published at 65 DCR 7569 (July 20, 2018); as amended by Final Rulemaking published at 66 DCR 2329 (February 22, 2019); as amended by Final Rulemaking published at 66 DCR 010586 (August 16, 2019); as amended by Final Rulemaking published at 67 DCR 1954 (February 21, 2020); as amended by Final Rulemaking published at 67 DCR 11100 (September 18, 2020); as amended by Final Rulemaking published at 69 DCR 009024 (July 22, 2022); as amended by Final Rulemaking published at 69 DCR 009035 (July 22, 2022); as amended by Final Rulemaking published at 71 DCR 008682 (July 19, 2024); as amended by Final Rulemaking published at 72 DCR 008224 (July 25, 2025). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 112

21 DCMR § 113 RULEMAKING REGARDING FEE CHANGES

113.1 The Mayor shall, pursuant to the APA, issue proposed rules regarding the solid waste disposal fee schedule, including the surcharge authorized by this section. The financial data upon which the proposed rules shall be based are the expenses incurred by the District government for solid waste disposal operations during the previous year, anticipated landfill replacement costs, and other anticipated costs attributable to the operation of the District’s solid waste disposal facilities, including its solid waste transfer facilities.

113.2 Any change in the solid waste disposal fee established in accordance with the solid waste disposal fee-setting formula established pursuant to this act that is based on changes in fuel costs or other changes in the amounts paid by the District under a solid waste disposal contract that has been approved by the Council shall not be required to be submitted to the Council for review.

21 DCMR § 199 DEFINITIONS

199.1 When used in this chapter, the following words and phrases shall have the meanings ascribed:

Affordable Housing Unit – a housing unit that is offered for rent or for sale for residential occupancy and as a result of a federal or District subsidy, incentive or benefit, and is made available and affordable to households whose income limit requirements are established by a federal or District program or agency or the Council for the District of Columbia.

Cross-Connection/Back Flow Prevention Monthly Fee – fee charged to Residential, Multi-Family and Non-Residential Customers to recover the facility inspection and oversight costs for each Backflow Prevention Assembly on the premises.

Department - the District of Columbia Water and Sewer Authority.

Development – the construction of a premises, building or structure that establishes a new water and/or sewer connection.

Domestic Strength Waste – domestic wastewater that does not exceed the domestic strength wastewater concentrations provided in 21 DCMR § 1511.2.

Director - the General Manager of the District of Columbia Water and Sewer Authority or his or her lawful agent, representative, or designee.

Fats, Oil and Grease (FOG) Facility Monthly Fee – fee charged to Non-Residential Customers to recover the facility inspection and oversight costs for each Food Service Establishment operating on the premises that has the potential to discharge oil or grease laden wastewater to the District’s wastewater system.

Food Service Establishment (FSE) – Facility that has the potential to discharge oil or grease laden wastewater to the District’s wastewater system, including but not limited to, bakeries; bars; candy manufacturers; cafeterias, caterers; coffee shops; delicatessens; commercial kitchens operated in educational institutions, hospitals, hotels/motels, and religious institutions; grocery stores; wholesale or retail ice cream facilities; wholesale and retail marine food facilities; restaurants; and other wholesale or retail facilities that have the potential to discharge oil or grease laden wastewater to the District’s wastewater system; and subject to the District’s Pretreatment Standards and limits provided in 21 DCMR §§ 1501.01 et seq. and the District of Columbia Consumer and Regulatory Affairs (DCRA) Food Establishment Wholesale or Retail Licensing requirements.

Force Majeure Event - an event arising from causes beyond the control of DC Water or the control of any entity controlled by DC Water, which results in the closure of DC Water facilities.

High Strength Grease Trap Waste – wastewater from grease traps or interceptors, excluding oil-water interceptors.

High Strength Septage Waste – concentrated domestic wastewater from sources, including, but not limited to, portable toilets, septic tanks, and sewage ejector pumps or pits.

Low Strength Waste – non-domestic wastewater, including, but not limited to, groundwater and stormwater, that does not exceed the domestic strength wastewater concentrations provided in 21 DCMR § 1511.2.

Multiple Register – Meter that has two or more devices that can display the consumption volume at different flow rates (high or low) or different uses, including, but not limited to, Demand Flow and Fire Flow.

Redevelopment – the renovation or alteration of a premises, building or structure or reconstruction of a property that increases or decreases the water supply demand or drainage, waste, and vent (DWV) system load. Redevelopment shall not include the up-sizing of a water service or sewer lateral to comply with the D.C. Construction Codes Supplement, provided the water supply demand and DMV system load remain the same.

Single Register – Meter that has only one device that displays the consumption volume.

System Availability Fee – A one-time fee assessed to a property owner of any premises, building or structure to recover the cost of system capacity put in place to serve all metered water service and sanitary sewer connections and renovation or redevelopment projects that require an upsized meter service connection to the District’s potable water system. The fee is assessed based on the peak water demand, excluding fire demand, for new meter water service connection and renovation or redevelopment projects that increase the peak water demand and associated SAF meter size for the property.

Water System Replacement Fee or WSRF – the monthly fee charged to residential, multi-family, and non-residential customers to recover the cost of the one percent (1%) renewal and replacement of aging water infrastructure.

History

SOURCE: Final Rulemaking published at 40 DCR 1300 (February 12, 1993); as amended by the Final Rulemaking published at 58 DCR 6941, 6944 (August 12, 2011); as amended by Final Rulemaking published at 62 DCR 9798 (July 17, 2015); as amended by Final Rulemaking published at 62 DCR 12422 (September 11, 2015); as amended by Final Rulemaking published at 63 DCR 8505 (June 17, 2016); as amended by Final Rulemaking published at 65 DCR 0437 (January 19, 2018); as amended by Final Rulemaking published at 65 DCR 5674 (May 18, 2018); as amended by Final Rulemaking published at 66 DCR 10586 (August 16, 2019). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 199

21-2 PUBLIC SEWER SYSTEM

21 DCMR § 200 ACCESS TO SEWERS

200.1 No person other than those employed in the Bureau of Sewer Services of the Department, while on duty, shall enter any public sewer or appurtenance of a public sewer without a written permit from the Director.

200.2 No person shall turn, lift, remove, raise, or tamper with any cover of any manhole, basin, inlet, or other appurtenance of any public sewer without a written permit from the Director.

200.3 No person shall cut, break, pierce, or tap any public sewer or appurtenance of a public sewer, or introduce any tube, pipe, trough, or conduit into any public sewer or public sewer appurtenance without a written permit from the Director.

200.4 Violation of any provision of this section shall be punishable, upon conviction, by a fine not to exceed three hundred dollars ($300).

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is the District of Columbia Public Works Act of 1954, approved May 18, 1954 (68 Stat. 101; D.C. Code §43-1607 et seq.); §§401 and 402 of Reorganization Plan No. 3 of 1967, effective August 11, 1967, filed August 11, 1967, D.C. Code Vol. 1 at 126 (1981 Ed.); §2(g) of the Water and Sewer Repair and Compensation Act of 1976, D.C. Law 1.98, D.C. Code §6-405, 23 DCR 4933 (January 21, 1977), Mayor's Order 77-82 dated May 6, 1977; §§IV(A) and V of Reorganization Plan No. 4 of 1983, 30 DCR 6428, effective March 2, 1984; Mayor's Order 91-176, 38 DCR 6821, dated October 24, 1991; the District of Columbia Water and Sewer Operations Amendment Act of 1990, effective June 13, 1990 (D.C. Law 8-136, D.C. Code §§43-1527 et seq.).
SOURCE: Article 3, §§14 through 16; and Article 30, §4 of the Police Regulations; 12 DCRR §§502.1, 502.2 (October 1981); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999).
EDITOR'S NOTE: Transfer of functions §219 of the "Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996," D.C. Law 11-111, effective April 18, 1996, transferred the functions of the Water and Sewer Utility Administration of the Department of Public Works to the independent District of Columbia Water and Sewer Authority.

21 DCMR § 201 TAMPERING AND OTHER. MISUSE OF PUBLIC SEWERS

201.1 No person shall throw or deposit in or upon any public sewer or any trap, basin, inlet, grating, manhole, or other appurtenances of any public sewer in the District any sticks, stones, brick, coal, earth, gravel, dirt, mud, hay, straw, manure, rubbish, litter, sweepings, offal, vegetables, garbage, trees, shrubs, branches, twigs, leaves, papers, cinders, or refuse matter of any kind.

201.2 The provisions of §201.1 shall not apply to matter discharged through a house sewer into a public sewer.

201.3 No person shall make or maintain any connection with any public sewer or public sewer appurtenance which could allow any hot, suffocating, corrosive, inflammable, or explosive liquid, gas, vapor, substance, or material of any kind to be conveyed into that sewer or sewer appurtenance.

201.4 No person shall cause to enter or flow into any public sewer or sewer appurtenance any hot, corrosive, suffocating, explosive, or inflammable liquid, gas, vapor, substance, or material of any kind.

201.5 The provisions of §§201.3 and 201.4 shall not apply to water that is discharged from ordinary hot-water boilers or residences.

201.6 No person shall break or damage any appurtenance of any public sewer or part of a public sewer appurtenance.

201.7 No person shall obstruct, impede, the flow of any public sewer or case that flow to be impeded or obstructed.

201.8 No person shall interfere with the free discharge or ventilation of a public sewer.

201.9 No person shall clog up any appurtenance of a public sewer.

201.10 Violation of any provision of this section shall be punishable, upon conviction, by fine not to exceed three hundred dollars ($300).

History

SOURCE: Article 3, §§12, 17 through and 19, and Article 30, §4 of the Police Regulations (May 1981); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999).
EDITOR'S NOTE: D.C. Law 6-76, Wastewater System Regulation Temporary Act of 1985, 32 DCR 6478 (November 15, 1985) repealed 21 DCMR §201. This Act expired on the 180th day following the effective date (January 25, 1986) of the law. D.C Law 6-95, Wastewater System Regulation Amendment Act of 1985 superseded the provisions of D.C. Law 6-76.

21 DCMR § 202 MAINTENANCE AND REPAIR OF SEWER PIPES

202.1 This section and §203 are promulgated in accordance with D.C. Code §6-405 (1995 Repl. Vol.), under authority set forth in D.C. Code §6-405(g) (1995 Repl. Vol.).

202.2 The Department shall maintain all public sewer pipes from the street sewers to the property line.

202.3 If a portion of the structure (such as a porch, vault, or footing) projects beyond the property line, the Department shall maintain the sewer connection only to the outermost structural projection of the premises.

202.4 All pipes and appurtenances on private property shall be maintained by and at the expense of the property owner.

202.5 When action is necessary to expedite or facilitate the maintenance of a sewer connection, the Department may perform maintenance or repair work on private property if agreed to in advance by the property owner. The cost of the work, including overhead expenses, shall be paid by the property owner.

202.6 Excavations in public space made and left open by the Department for the use or convenience of registered plumbers employed by private owners or other parties for the repair of sewer pipes or other sewer appurtenances, shall be promptly reported to the police division or precinct with jurisdiction over the area of excavation by telephone, and followed by written confirmation.

History

SOURCE: Article 23, §7 of the Police Regulations; as amended by Final Rulemaking published at 24 DCR 4651 (December 2. 1977), incorporating text of Proposed Rulemaking published at 24 DCR 3060, 3061 (October 21, 1977); 12 DCRR §§503.4(a)-(b), (October 1981); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999).

21 DCMR § 203 LEAKS IN SEWER PIPES

203.1 When there is a complaint of a leak in a building sewer connection, the Director shall determine if the leak is in public space.

203.2 If the Department determines that the leak is in public space, the leak shall be repaired at no cost to the property owner.

203.3 If the Department determines that the leak is not the responsibility of the District, the property owner shall be notified and shall be responsible for having the leak repaired by a registered master plumber at the owner's expense.

203.4 If a leaking sewer is a public nuisance or hazard, or the leak is damaging property, the water supply to the premises will be shut off immediately to abate the problem and shall remain shut-off until repairs are made.

203.5 If the property line and the building line are the same, and the leak is on public space, the Department shall insert the repaired service into the building. The owner shall be responsible for internal connection.

History

SOURCE: Final Rulemaking published at 24 DCR 4651 (December 2, 1977), incorporating text of Proposed Rulemaking published at 24 DCR 3060, 3062 (October 21, 1977); 12 DCRR §§503.4(e) - (g) (October 1981); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999).

21 DCMR § 204 SEWER STOPPAGES

204.1 If there is a complaint regarding a sewer stoppage, the Director shall first ascertain if the main sewer is clear. If the main sewer is clear, the complaining party shall be so informed.

204.2 Any stoppage in the main sewer shall be relieved within a reasonable period of time.

204.3 If the main sewer is clear, the complaining party shall, at his or her own expense, employ a registered master plumber or sewer cleaner to clear the stoppage from the building to the main sewer.

204.4 A registered master plumber or sewer cleaner employed under §204.3 shall not excavate in public ways beyond the property line.

204.5 If the registered master plumber or sewer cleaner finds that the stoppage is located between the main sewer and property line, and that it cannot be cleared by power rodding or snaking, he or she shall inform the Director.

204.6 If the Director finds that the stoppage is in the building connection between the property line and the main sewer, and that the stoppage could not have been cleared by power rodding or snaking, the condition shall be corrected by the District.

204.7 If the Director finds that the stoppage is not due to the faulty condition of the building sewer connection between the property line and the main sewer, the property owner shall pay the D.C. Treasurer the amount of expense incurred by the District.

204.8 All stoppages in public space outside of the property line, whether relieved or not, shall be reported to the Director by the registered master plumber or sewer cleaner.

History

SOURCE: Final Rulemaking published at 24 DCR 4651 (December 2, 1977), incorporating text of Proposed Rulemaking published at 24 DCR 3060, 3061 (October 21, 1977); 12 DCRR §§503.4(c) and (d) (October 1981); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999).

21 DCMR § 205 SANITARY SEWER SERVICE CHARGES

205.1 For the purposes of this chapter and D.C. Code §43-1607(3) (1990 Repl. Vol.), sources other than the District water supply system shall include, but are not. limited to, groundwater and cooling water.

205.2 Sewer service charges under D.C. Code §43-1607(3) (1990 Repl. Vol.) shall not be assessed when the discharge of wastewater is into a separate storm sewer which is totally isolated from the sanitary or combined sewer system of the District.

History

SOURCE: Final Rulemaking published at 25 DCR 1006 (August 18, 1978); 12 DCRR 500.6(c), (October 1981); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999).

21 DCMR § 206 SEWAGE ALLOWANCES FOR INDUSTRIAL AND COMMERCIAL USERS

206.1 A commercial or industrial property may be eligible for a sewer allowance when the amount of water discharged into the District's sewer is less than the amount of water it receives from the District's water distribution system.

206.2 The following two (2) methods shall be used to determine the extent and amount of the sewer allowance:

(a) Metered Allowance: A sewer allowance will be granted to industrial and commercial users based on the total measured amount of water supplied by the District that does not enter the District's sewer system; Provided that the owner installs the necessary meters or devices, at no cost to the District, as indicated in this subsection:

(1) A separate meter is installed to measure the amount of water used that will not be discharged in the District's sewer system;

(2) There is a security device that prevents tapping into the water supply; and

(3) A device is installed that recirculates the water supply or prohibits water from being discharged into or entering the District's sewer system, including runoff and wind-blown water; and

(b) Flat Allowance: Commercial and industrial properties that have recycling cooling systems will be granted a sewer allowance based on the number of gallons of water circulated per minute.

206.3 The flat allowance shall be subtracted from the sewer service charge only during the period May 15th to October 15th of each year.

206.4 To extend the period for the flat allowance, property owners shall submit a written request and justification. The request must be approved by the Chief before it can go into effect.

206.5 Upon receipt of a written request for a sewer allowance, the Chief shall conduct an audit of the property to determine whether and the conditions under which, the property is eligible for a sewer allowance.

206.6 Owners of commercial and industrial properties shall be notified in writing whether the properties are eligible for a sewer allowance and the amount of any sewer allowance.

206.7 Commercial and industrial property owners shall allow the Bureau access to audit water use and to verify that the amount is not being discharged into the District's sewer system.

206.8 During any period when the owner or occupant of eligible property fails to permit an audit under this section, all privileges associated with the sewer allowance shall be forfeited and the charges for sewer service shall be based on the full amount of water received by the property from the District water supply system.

History

SOURCE: Final Rulemaking published at 40 DCR 1300, 1301 (February 12, 1993); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999). HISTORICAL NOTE: Prior to February 12, 1993, the Department of Environmental Services published Final Rulemaking at 29 DCR 1822 (April 30, 1982); 12 DCRR §§500.1(l) - (m), 504.1(a) - (b) (October 1981).

21 DCMR § 207 SANITARY SEWER SERVICE CHARGE FOR GROUNDWATER: IMPROVED SITES AND CONSTRUCTION SITES

207.1 The provisions of this section shall apply to all improved real property and all construction sites within the District of Columbia.

207.2 The General Manager shall identify those properties that discharge groundwater into the District's sewer system and those locations where it is practicable to install a groundwater meter.

207.3 It shall be deemed practicable to install a groundwater meter on any property where a closed conveyance having a diameter of one (1) inch or greater is necessary to accommodate the discharge of groundwater into the sewer system.

207.4 The General Manager shall give the owners or occupants of the properties identified in accordance with § 207.2 written notification that they will be required to do the following:

(a) Pay sanitary sewer service charges for groundwater discharged into the District's sewer system; and

(b) Install the number and size of meters determined by the General Manager to be necessary to measure the groundwater discharged, at no cost to WASA within sixty (60) days of the date of the notice.

207.5 The owners of the real property shall install the meters determined by the General Manager to be necessary to measure the discharge of groundwater within sixty (60) days of written notification by WASA.

207.6 WASA shall conduct an on-site inspection at the end of the sixty (60) day period to verify that the meters determined by the General Manager to be necessary have been properly installed.

207.7 After WASA has confirmed proper installation of the required meters, WASA shall establish an account, separate from the water and sewer service charge account, for the purpose of billing the owner or occupant for groundwater discharged into the District's sewer system.

207.8 The meter or meters measuring groundwater discharged into the District's sewer system shall be read periodically and a bill for those charges shall be rendered.

207.9 WASA shall provide the owner or occupant with written notice of a change in the billing cycle at least thirty (30) days before the beginning of the new cycle.

207.10 If at any time a meter fails to register correctly or bears evidence of tampering, as determined by WASA, the sanitary sewer service charge shall be based on the average previous measured discharge of groundwater for three (3) previous billing cycles.

207.11 Upon an owner or occupant's failure to pay the groundwater sanitary sewer service charges or to install and maintain the required meters within the allotted time, WASA may do the following:

(a) Terminate the water supply to the property;

(b) Refuse to establish a water and sewer account for the property;

(d) Request that the building permit for the property be rescinded and not reinstated until the charges are paid in full or the necessary meters are installed and maintained.

207.12 WASA may inspect the improved property or the construction site to ensure that the meters determined by the General Manager to be necessary are properly installed and maintained.

207.13 Prior to removing the required meters from the improved property or construction site, the owner shall advise WASA and request a final reading.

207.14 WASA shall read the meters servicing the improved property or construction site and provide the owner with a final statement of account.

207.15 If the meter or meters are removed before WASA obtains a final reading, the ground water sewer service charge shall be based on the average previous consumption for the period of the installation.

History

SOURCE: Final Rulemaking published at 40 DCR 1300, 1302 (February 12, 1993); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999). HISTORICAL NOTE: Prior to February 12, 1993, the Department of Environmental Services published Final Rulemaking at 29 DCR 1822, 1823 (April 30, 1982); 12 DCRR §504.3(a) - (e) (October 1981).

21 DCMR § 209 ON-SITE AUDITS

209.1 The Chief may conduct on-site audits of property for purposes of implementing §§206 through 208.

209.2 During any period when the owner or occupant of eligible property fails to permit an audit under this section, all privileges associated with the sewage allowance shall be forfeited and the charges for sewer service shall be based on the full amount of water received by the property from the District water distribution system.

History

SOURCE: Final Rulemaking published at 29 DCR 1822, 1824 (April 30, 1982); 12 DCRR §§504.5(a) and (b) (October 1981); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999).

21 DCMR § 299 DEFINITIONS

299.1 When used in this chapter, the following words and phrases shall have the meanings ascribed:

Bureau - the Bureau of Water Measurement and Billing or its lawful agent, representative, designee or successor.

Chief - the Chief of the Bureau of Water Measurement and Billing or his or her lawful agent, representative, designee or successor.

General Manager - the chief administrative official of WASA or his or her designee.

Groundwater - water existing beneath the earth in confined or unconfined aquifers.

Improved real property - any real property with an existing structure or paved surface.

Sewer allowance - the discounted rate granted to account holders for the quantity of water supplied from the District's water distribution system during a normal billing cycle and not discharged in District sanitary or combined sewer system.

Sewer system - pipes, structures, catch basins and other appurtenances, which are used to collect and transport wastewater to a treatment plant.

WASA - The District of Columbia Water and Sewer Authority.

History

SOURCE: Final Rulemaking published at 40 DCR 1300, 1304 (February 12, 1993); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999).

21-3 WATER METERS

21 DCMR § 300 GENERAL PROVISIONS

300.1 All water meters which measure the supply of water to premises shall be installed by the Authority and shall be owned by the Authority. Authority owned water meters are all meters installed at the expense of the consumer by the Authority. The Authority may require the replacement of any existing meter "within a reasonable time frame after written notification is given to the owner or owner's agent".

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is Commissioners' Order 65-1154 dated August 19, 1965; §§401 and 402 of Reorganization Plan No. 3 of 1967, effective August 11, 1967, filed August 11, 1967, D.C. Code Vol. 1 at 126 (1981 Ed.); Commissioner's Order 71-255, dated July 27, 1971; §412 of the District of Columbia Self-Government and Governmental Reorganization Act, as amended, 87 Stat. 790, Pub. L. No. 93-198, D.C. Code §1-227(a) (1992 Repl. Vol.).
SOURCE: 12 DCRR §§402.1 and 402 2 (October 1981); as amended by Final Rulemaking published at 28 DCR 2532 (June 5, 1981); as amended by Final Rulemaking published at 50 DCR 782(January 24, 2003).
EDITOR'S NOTE: Transfer of functions §219 of the “Water and Sewer Authority Establishment and Department or Public Works Reorganization Act of 1996,” D.C. Law 11-111, effective April 18, 1996, transferred the functions of the Water and Sewer Utility Administration of the Department of Public Works to the independent Distract of Columbia Water and Sewer Authority.

21 DCMR § 301 METER SETTERS AND CONNECTIONS

301.1 A meter setter and other approved fittings designed to receive a water meter, shall be a part of the water supply system of all buildings and are to be provided by the owners, the owners agent, the builder, the occupant or the consumer.

301.2 The General Manager may install a meter setter or other approved fittings designed to receive a water meter and may recover all costs of such installation by agreements with consumers. In cases where special costs of installation are recovered through agreements with consumers, the General Manager shall identify all costs of installation in advance of installation.

301.3 The meter setter or other similar device shall be set in a horizontal position and shall be connected to the water service by risers of brass pipe or copper tubing so that the inlet and outlet of the appliance where the water meter is to be installed shall be at least eighteen inches (18 in.) below the permanent surface of the ground, as indicated on Drawing No.G-815.

301.4 With the exception of a stop valve, no other outlet will be permitted between the meter setter and the water main in the street.

301.5 The Authority may permit the installation of a meter setter or other similar device in a cellar or basement; provided, that the meter setter or other similar device shall be installed in a horizontal position adjacent to the wall where the water service enters the building, or at such other location as may be approved by the General Manager and shall be placed so that at all times it will be unobstructed and there will be easy access for examination, reading data transmission and replacement.

301.6 Whenever water is introduced into a new building, a registered or licensed plumber, who shall be retained by the owner, owner's agent, builder, occupant or consumer shall be responsible for ascertaining permanent grade, attaching the meter setter to the service pipe, making a suitable opening for the placement of meter housing, in accordance with the Authority's requirements. The registered or licensed plumber shall provide at least 3- business days' notice to the Customer Service Department for the Authority to install meter(s). The General Manager may waive all or any portion of this notice.

301.7 Persons who install meter setters and other approved fittings, shall comply with all plumbing code and WASA permit requirements.

History

SOURCE: 12 DCRR §§4031 through 403.4 (October 1981); as amended by Final Rulemaking published at 50 DCR 782(January 24, 2003); as amended by Final Rulemaking published at 51 DCR 781(January 16, 2004).

21 DCMR § 302 WATER METERS

302.1 The supply of water to any premises, fountain or other automatic fixture shall be determined by meter in accordance with the provisions of this chapter and shall be paid for in accordance with rates, fees and charges established by the Authority.

302.2 No water from the mains operated by the Authority shall be introduced onto or used on premises which are supplied through a water meter or meters except water which passes through that (those) meter(s).

302.3 The supply of water to any portion of any premises, for any purpose, shall be determined by a meter or meters, which has (have) been determined suitable for such purpose by the Authority.

302.4 The listing of certain premises on a schedule of rates does not exempt those premises from the requirements of the law or these regulations with regard to the use of meters.

302.5 The General Manager may authorize a property owner, occupant or consumer to install a meter. If such authorization is given, the property owner, occupant or consumer shall be responsible for all costs of installation, and inspection. Meters that are installed shall meet all specifications, requirements and procedures that are Imposed or made applicable by the General Manager.

302.6 The necessary meter setters, similar devices and appurtenances may be provided, erected, and maintained by the owner, occupant or consumer at the owner, occupant or consumer's expense unless the owner, occupant or consumer and the General Manager agree that the General Manager shall erect, provide or maintain such setters devices or appurtenances.

302.7 All meters shall be installed under the supervision of the General Manager and shall be installed so that they or the data collected by them can be easily examined or read.

302.8 In case of violation of any of the requirements of this chapter, or of denial of free access to premises to inspectors or other persons entitled to access, or of tampering or interfering in any way with water meters data collection devices, transmitters or appurtenances, the supply of water shall be stopped and the supply shall not be restored for use of that consumer except upon payment of the cost actually incurred in shutting off and restoring the water supply.

302.9 Any person, who in the General Manager's sole judgement causes damage to meters shall be responsible for the payment to the Authority for all damage to the water meter and resulting costs to the Authority. The water meter shall be shut off and not cut on until all costs incurred by the Authority and damages to the meter and associated devices and equipment, as determined by the General Manager, are paid.

History

SOURCE: 12 DCRR §§402.2(a)-c). 402.2 (f), 402.2(m), 402.2(s) (October 1981); as amended by Final Rulemaking published at 50 DCR 782(January 24, 2003).

21 DCMR § 303 CONNECTION, ACCESS, INSPECTION AND READING OF WATER METERS

303.1 Plumbers licensed or registered by the District of Columbia and employees or contractors of the Authority are the only persons authorized to make connections with water mains and to install or remove water meters.

303.2 Licensed plumbers shall promptly notify the Authority of the time when meters will be installed and are ready for inspection and sealing.

303.3 Access to all premises supplied or to be supplied with water meters shall be granted at all proper times to water meter readers, work crews, inspectors or other persons as the General Manager may employ or direct for the purpose of examining or reading meters or determining whether repair is required.

303.4 If the Authority is unable to gain access to the property after two (2) attempts, the owner or occupant shall be notified to contact the Authority within three (3) business days, after the notice is mailed to the owner.

303.5 Failure by the owner or occupant to contact the Authority shall be presumed to be refusal of access to the property and the Authority may impose a penalty of one hundred dollars ($ 100) and terminate the water and sewer services to the real property.

History

SOURCE: 12 DCRR §402.2(d) (October 1981); as amended by Final Rulemaking published at 50 DCR 782(January 24, 2003).

21 DCMR § 304 MAINTENANCE OF METER SETTERS, OTHER SIMILAR DEVICES AND APPURTENANCES

304.1 Consumers are required to keep their meter setters, other similar devices and appurtenances in good repair and to protect them against frost and injury of any kind at their own expense.

304.2 Any person who tampers with or who causes damage to a water meter shall be responsible for all costs incurred by the Authority in repairing such tampering or damage.

304.3 In case of deficient supply through water meters or of any other cause for complaint, reports should be made to the Department of Customer Service of the Authority so that the difficulty may be investigated.

304.4 Water meters and appurtenances shall not be removed, repaired, or in any manner tampered with, except in accordance with a permit which has been issued by the Authority.

304.5 If a meter is removed for any cause, the Authority will cause the installation of another meter to be put in its place and shall charge the consumer the full cost of such replacement and installation.

304.6 Each water meter shall be inspected periodically by representatives of the Authority. Inspection shall be conducted in accordance with standards determined to be appropriate by the General Manager.

304.7 Any water meter may be removed by the General Manager for preventive maintenance, testing repair, or replacement at any time, in the discretion of the General Manager.

304.8 The General Manager may under conditions determined appropriate by the General Manager, offer a property owner the option of arranging with a licensed plumber to remove a water meter and deliver it to the Authority for testing and repair.

304.9 If the General Manager determines that conditions exist (such as lack of access, faulty pipes, or other obstacles) that prevent the Authority from inspecting, removing, reading, testing, accessing or repairing a meter or receiving transmissions from any consumption measuring device or meter, the Authority may direct the correction of the condition at the property owner's sole expense. The Authority may:

(a) Require the property owner to correct the conditions within 14 days after receiving written notification,

(b) Fix the problem and charge the property owner, the appropriate labor access charge,

304.10 The General Manager shall assess fees to the property owner to recover the costs incurred by the Authority for all services performed under this chapter. All fees shall be paid to the District of Columbia Water and Sewer Authority. Fees due under this section shall be paid within thirty (30) days of the date of the bill. Failure to pay fees on time may result in the denial of water to the premises concerned. The General Manager may shut off service to any property if any fee or charge is not paid within thirty (30) days of the date of the bill for such fee or charge.

History

SOURCE: 12 DCRR §§402.2(g) and 402.2(p) (October 1981); as amended by Final Rulemaking published at 40 DCR 1300, 1305 (February 12, 1993); as amended by Final Rulemaking published at 50 DCR 782(January 24, 2003).

21 DCMR § 305 NOTIFICATION OF PROPERTY OWNERS

305.1 Written notice required under this chapter shall be mailed to property owners at the mailing address on file with the Authority.

305.2 Property owners may have notices mailed to an address other than the service or property address if the owner provides an alternate address to the Customer Service Department, 810 First Street, N.E. Washington, D.C. 20002 (Telephone: 202-354-3600).

History

SOURCE: 12 DCRR §§402.2(e), 402.2(q) (October 1981); as amended by Final Rulemaking published at 28 DCR 2532 (June 5, 1981); as amended by Final Rulemaking published at 50 DCR 782(January 24, 2003).

21 DCMR § 306 SEALING OF METERS AND METER BYPASSES

306.1 All meters and meter bypasses shall be sealed by the Authority or its authorized agents or contractors. Seals shall be removed from meter bypasses only by the Authority and licensed, registered or otherwise properly credentialed contractors who are expressly authorized by the General Manager to remove such seals.

306.2 Seals shall be removed from meters and meter bypasses only by the Authority. Removal of a seal shall be presumed to be evidence of tampering and the General Manager may, upon discovery of such removal impose the maximum penalty authorized by law.

306.3 Water charges to the customer, owner, consumer or occupant for any period during which the seals are removed shall be based on the average amount of water consumed daily by the customer, owner, consumer or occupant between the date the new or repaired meter was installed and the date a follow-up reading was taken.

History

SOURCE: Final Rulemaking published at 28 DCR 2532, 2533 (June 5, 1981); as amended by Final Rulemaking published at 50 DCR 782(January 24, 2003).

21 DCMR § 307 TECHNICAL SPECIFICATIONS FOR WATER METER PITS, VAULTS AND APPURTENANCES

307.1 Fifteen inch (15 in.) meter pits shall be terra-cotta or fiber or plastic pipe. The frames and covers shall be in accordance with Drawing No. G-803-4A, latest revision.

307.2 Meters which are two and one-half inches (2 1/2 in.) or larger may be installed either inside or outside of a building. Such meters shall be installed at a location determined to be appropriate by the General Manager. The General Manager shall provide written notice of his or her approval of the location to the owner or occupant in advance of the installation.

307.3 Eighteen inch (18 in.), twenty inch (20 in.), twenty-four inch (24 in.), and thirty inch (30 in.) meter pits shall be terra-cotta, fiber, or concrete pipe. The frames and covers shall be in accordance with Drawing No. G-803-4, latest revision, and must be compatible with the Authority's Automated Meter Reading (AMR) technology.

307.4 Meter installation layout for compound meters located outside of a building shall be in accordance with Drawing No. G-808, latest revision.

307.5 A meter located inside a building shall have the same piping layout as indicated on Drawing No. G-808, latest revision, and shall have a floor drain within five feet (5 ft.) of the meter.

307.6 Meter installation layout for fire service type meters for use on fire and domestic combination services shall be in accordance with Drawing No. G-807, latest revision.

307.7 Meter installation layout for private and District regular service meters shall be in accordance with composite drawings showing meter settings five-eighths inch through two inches (5/8 in. -2 in.) and frames and covers for eighteen inch (18 in.), twenty inch (20 in.), twenty-four inch (24 in.), and thirty inch (30 in.) meter pits, Drawings Nos. G-815, G-803-4, and G-903-4A (latest revisions).

307.8 Meter installation layout for detector check fire service only shall be in accordance with Drawing No. G-813, (latest revision).

307.9 Each water meter that is three inches ("3") inches or larger shall be provided with a by-pass valve, and a valve will be placed on each side of the meter so that it can be removed without depriving the premises of water.

307.10 If placed on a pipe leading to a steam boiler or hot water boiler, or in any position where it may be exposed to a back pressure of steam or hot water, the water meter shall be protected by a check valve set between the meter and the vessel it supplies.

307.11 Whenever a check valve is installed on a private supply pipe to protect the meter from a back pressure of steam or hot water, a safety valve shall also be installed on that supply pipe between the check valve and boiler to relieve excessive pressure.

307.12 Before setting a water meter, the service pipe leading to it shall be well blown out in order to remove any accumulation of sediment.

307.13 The use of red lead in making joints in pipes connected with water meters is prohibited.

307.14 Pipe compound shall be applied to male pipe threads only.

307.15 Information and drawings pertaining to the installation of water meters pits and vaults is available from the Authority.

History

SOURCE: Final Rulemaking published at 28 DCR 2532, 2533 (June 5, 1981); as amended by Final Rulemaking published at 50 DCR 782(January 24, 2003).

21 DCMR § 308 METER READING AND BILLING

308.1 Meters shall be read quarterly or at such other times as the General Manager shall determine.

308.2 The General Manager shall determine the schedule upon which bills shall be rendered and may establish and implement a monthly billing cycle or such other billing cycle deemed, in his sole discretion, appropriate to meet the needs of the Authority. An Owner may request a monthly billing cycle with no additional charge from the Authority provided an AMR meter is installed at the location for which the change in cycle is requested.

308.3 If free access to the premises cannot be gained for the purpose of reading a District or Privately-owned meter at the interval(s) determined by the General Manager under this chapter, the water charge for that interval or succeeding intervals shall be based on the average previous consumption for that interval until access can be gained and actual consumption determined by meter readings.

308.4 If at any time, a meter, data collection device or transmitter fails to register correctly or collect, deliver or transmit data or otherwise operate or bears evidence of having been tampered with, as determined by qualified personnel of the Authority, the water charge for the interval in which the incident occurred shall be based on the average previous water consumption for that interval.

308.5 In case of excessive water consumption seemingly due to invisible leakage from an underground service pipe on either public or private property between the meter and fixtures, the General Manager is authorized to make adjustment of the water bill; provided, that the following conditions and requirements are met:

(a) There has been no negligence on the part of the owners in notifying the Authority of unusual conditions indicative of waste of water;

(b) Upon ascertaining the existence of an invisible leak, the owner has taken prompt steps to have the leak repaired;

(d) Repairs have been made by a registered plumber and approved by the Chief, Plumbing Inspection Branch, Department of Consumer and Regulatory Affairs (DCRA) or his or her lawful successor;

(e) The request for adjustment is made to the Authority within thirty (30) days of the date of rendition of a water bill after the leak has been repaired; and

(f) Form SE-138, or other documentation acceptable to the Authority shall be furnished to the Authority. The form or other documentation shall be completed in full, signed by the owner of the premises or the owner's agent, and certified by the plumber making repairs.

History

SOURCE: 12 DCRR §§402.2(h-1) and 402.2(w) (October 1981); as amended by Final Rulemaking published at 50 DCR 782(January 24, 2003).

21 DCMR § 309 METER BUY-BACK PROGRAM

309.1 The General Manager is authorized to purchase by reimbursing or extending credits to the accounts of persons who have purchased water meters and are eligible to request such reimbursement or credit under this Section 309.

309.2 A property owner or customer of record may make a written request to the Customer Service Department that the Authority reimburse or provide an account credit for water meters which are in service at the time of the request and which were purchased by the property owner or customer of record not more than five years prior to December 31, 2002.

309.3 A property owner or customer of record may make a written request to the Customer Service Department that the Authority reimburse or provide an account credit for water meters which are in service at the time of the request and which were purchased by the property owner or customer of record at a date more than five years prior to December 31, 2002, but such request may only be granted by the General Manager pursuant to Section 309.8 (g).

309.4 A person making the request shall forward to the Customer Service Department, all invoices and bills or other documentation which is (are) acceptable to the General Manager and sufficient, in the opinion of the General Manager, to demonstrate proof of the actual amount paid for the water meter for which the credit or reimbursement is sought.

309.5 In order for a meter to be eligible for reimbursement or credit, and before any payment is made or credit given, the General Manager shall determine:

(a) The water meter that is the subject of the request is in good working condition and is compatible with the Authority's automated meter reading technology; and

(b) The water meter that is the subject of the request is installed and is functioning as part of the Authority's automated meter reading technology.

309.6 The General Manager shall not reimburse or credit the requester's account for any costs associated with installation of the meter or for any costs other than a percentage of the actual cost of the meter, as described in Section 309.8.

309.7 The basis for determining the amount of reimbursement or credit to be given shall be the actual cost of the customer's meter as determined by the General Manager, or the Authority's current contract cost, whichever is less.

309.8 Except as provided in (g) below, payments or credits authorized by this Section 309 shall be made in accordance with the following schedule:

(a) If the water meter has been in service one year or less from December 31, 2002, the reimbursement or credit amount shall be 100 percent of the cost of the meter, as determined in Section 309.7.

(b) If the meter has been in service between one and two years, the reimbursement or credit amount shall be 80 percent of the cost as determined in Section 309.7.

(c) If the meter has been in service between two and three years, the reimbursement or credit shall be 60 percent of the cost as determined in Section 309.7.

(d) If the meter has been in service between three and four years, the reimbursement or credit shall be 40 percent of the cost as determined in Section 309.7.

(e) If the meter has been in service between four and five years, the reimbursement shall be 20 percent of the cost as determined in Section 309.7.

(f) Except as provided in Sub-section (g), if the meter has been in service more than five years, there shall be no reimbursement for the meter.

(g) The General Manager may negotiate amounts calculated on a basis other than that described in Sections 309.8 (a-f) if the condition of the meter warrants such negotiation and if there are other compelling factors which are not set forth in Section 309.8. The General Manager shall grant such exceptions only in extraordinary circumstances and shall, in each case, make a written determination that explains the basis of the compensation or credit and the rationale which supports the reimbursement or credit before payment is made or credit is given.

History

SOURCE: 12 DCRR §§402 2(p), 402.2(r) and 402.2(u) (October 1981); as amended by Final Rulemaking published at 49 DCR 8725 (September 20, 2002); as amended by Final Rulemaking published at 50 DCR 782(January 24, 2003).

21 DCMR § 310 ENFORCEMENT

310.1 In addition to any other penalty authorized by law, violations of this chapter shall, result in the termination of the water supply which shall not be restored until all arrears of water charges, together with penalties and the costs incurred in terminating and restoring the water supply, are paid. The same penalties shall apply when any Authority inspector is denied access to premises for the purpose of inspecting, reading, or installing water meters, setter, pits, vaults and other appurtenances and when any water meter or appurtenance is tampered with in any way.

History

SOURCE: Final Rulemaking published at 30 DCR 2551 (May 27, 1983); as amended by Final Rulemaking published at 50 DCR 782(January 24, 2003).

21 DCMR § 399 DEFINITIONS

399.1 When used in this chapter, the following words and phrases shall have the meanings ascribed:

Authority - The District of Columbia Water and Sewer Authority.

Dwelling unit - A habitable room with kitchen and bathroom facilities exclusively under the control of and for the use of the occupant.

General Manager - The General Manager of the Authority, or his or her designee.

Meter Ready - The circumstance that pertains after the property owner has created, built and installed the vault, meter risers and appurtenances so that the premises is ready for the installation of the meter.

Meters - Includes any device which is used to measure the amount of water utilized by consumers.

Consumer - Individuals or Businesses which use water provided by the Water and Sewer Authority.

Commercial Water Meter - For purposes of this chapter, a "commercial water meter" is a meter which serves a premises used as other than a single family dwelling or a two-family flat, whether the premises is served directly from a District-owned water main or from an un-metered privately owned water main.

Residential Meters - In general, are meters on water services that supply residential users that range in size from five-eighths inch (5/8 in.) through two inches (2 in.).

Preventive Maintenance - For purposes of this chapter, the term "preventive maintenance" means maintenance, including testing and repair (if necessary and when possible) performed in accordance with the current American Water Works Association (AWWA) schedule based on meter size and recorded consumption, or as otherwise determined by the General Manager.

History

SOURCE: Final Rulemaking published at 40 DCR 1300, 1306 (February 12, 1993); as amended by Final Rulemaking published at 50 DCR 782(January 24, 2003). (

21-4 CONTESTED WATER AND SEWER BILLS

21 DCMR § 400 RIGHT TO CHALLENGE GENERAL MANAGER'S DECISIONS AND BILLS

400.1 The owner or occupant of the premises may contest any water bill, sanitary sewer service bill or groundwater sewer service bill rendered for the premises, or any determination of practicability made by the General Manager pursuant to Section 207 of this title, by following the procedures set forth in this Chapter.

400.2 The owner or agent of the owner may contest any determination of practicability made by the General Manager pursuant to Section 5403 of this title, or any determination of imminent threat made by the General Manager pursuant to Section 5405 of this title, by following the procedures set forth in this Chapter.

400.3 In all cases where a bill or a determination as to practicability made by the General Manager pursuant to Chapter 2 and Chapter 54 or a determination as to imminent threat pursuant to Chapter 54 is contested, the procedures set forth in this Chapter shall apply and take precedence of any inconsistent provisions of this title to the extent of that inconsistency.

400.4 Any owner or occupant shall have the right to inspect DC Water records regarding his or her account upon request during the normal business hours of the DC Water.

400.5 An applicant or holder of a certificate to test backflow preventers may contest any decision by the General Manager to deny, suspend or revoke a certificate pursuant to § 5408 by following the procedures set forth in this Chapter.

400.6 A User may appeal a final decision made by the General Manager pursuant to Chapter 15 of this tile by following the procedures set forth in this Chapter.

400.7 A Non-Residential Customer may appeal a determination issued by the General Manager denying a Zero FOG Discharge Exemption issued pursuant to Subsection 112.13 of this tile by following the procedures set forth in this Chapter.

History

SOURCE: Final Rulemaking published at 24 DCR 8315 (March 24, 1978), incorporating text of Proposed Rulemaking published at 24 DCR 6206 (January 27, 1978), 12 DCRR §§ 400.37 and 400.37 2; as amended by Final Rulemaking published at 40 DCR 1300, 1306 (February 12 1993); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999); as amended by Final Rulemaking published at 48 DCR 1743 (February 23, 2001); as amended by Final Rulemaking published at 59 DCR 1021, 1093 (February 10, 2012); as amended by Final Rulemaking published at 66 DCR 10586 (August 16, 2019); as amended by Final Rulemaking published at 68 DCR 013611 (December 17, 2021). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 400

21 DCMR § 401 NOTICE OF RIGHT TO CHALLENGE BILLS, AND PRACTICABILITY AND IMMINENT THREAT DETERMINATIONS

401.1 Each water, sewer, and groundwater sewer service bill shall contain a written statement advising the owner or occupant of the following:

(a) The owner or occupant may challenge the bill in accordance with the provisions of § 402, provided that the owner or occupant must timely challenge each bill separately for any challenges made under § 402.1 (a).

(b) Upon receipt of a challenge to a water, sewer and groundwater sewer service bill, DC Water will investigate the bill.

(c) If DC Water finds the bill to be erroneous, it shall adjust the bill accordingly and credit the account in accordance with sections 409.4 and 409.5 of this chapter.

(d) The owner or occupant will not be subject to any penalty, interest charge or termination of service for nonpayment of the disputed bill until the owner or occupant has been advised in writing of the results of the investigation.

(e) The owner or occupant will be notified in writing of the results of the investigation.

(f) If the bill has not been paid, the owner or occupant will be notified in writing of the amount found to be due as a result of the investigation, and the date on which the bill shall be paid.

(g) The owner or occupant may request a hearing in writing, within fifteen (15) days of the date of the decision, if he or she is not satisfied with the decision of DC Water.

(h) The owner or occupant may request a written statement of billing, for the most recent two (2) year billing and payment history of the account. Upon receipt of a written request, DC Water shall prepare this statement of billing within thirty (30) days.

401.2 Each determination of practicability made by the General Manager pursuant to § 207 of this title shall contain a written statement advising the owner or occupant of the following:

(a) The owner or occupant may challenge the determination in accordance with the provisions of § 402;

(b) Upon receipt of a challenge to a determination of practicability, DC Water will investigate the determination; and

(c) The owner or occupant will be notified in writing of the results of the investigation and the date and time of any hearing, if required.

401.3 Each determination of practicability made by the General Manager pursuant to § 5403, each determination of imminent threat made by the General Manager pursuant to § 5405 and each denial, suspension or revocation of certification to test backflow preventers made by the General Manager pursuant to § 5408 shall contain a written statement advising the applicant or certificate holder of the following:

(a) The owner or owner’s agent, applicant or certificate holder may challenge the denial, suspension or revocation of certification in accordance with the provisions of § 402; and

(b) The owner or owner’s agent, applicant or certificate holder shall be notified in writing of the date and time of any hearing, if required.

401.4 A determination issued by the General Manager denying a Zero FOG Discharge Exemption shall contain a written statement advising the customer of the following:

(a) The Customer may challenge the denial in accordance with the provisions in Section 402;

(b) The Customer may request a hearing in writing, within fifteen (15) days of receipt of the General Manager’s written determination, if he or she is not satisfied with the General Manager’s determination; and

History

SOURCE: Final Rulemaking published at 24 DCR 8315 (March 24, 1978), incorporating text of Proposed Rulemaking published at 24 DCR 6206 (January 27, 1978), 12 DCRR §§ 400.37 and 400.37 2; as amended by Final Rulemaking published at 40 DCR 1300, 1307 (February 12 1993); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999); as amended by Final Rulemaking published at 48 DCR 1743 (February 23, 2001); as amended by Final Rulemaking published at 66 DCR 10586 (August 16, 2019); as amended by Final Rulemaking published at 68 DCR 013611 (December 17, 2021); as amended by Final Rulemaking published at 68 DCR 013611 (December 17, 2021). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 401

21 DCMR § 402 INITIATING A CHALLENGE

402.1 An owner or occupant may challenge the charges assessed by DC Water for water, sewer and groundwater sewer service, or any other billed service as follows:

Billing disputes involving usage, meter accuracy, meter malfunction, or leaks, the owner or occupant may dispute the bill by:

Paying the current charges in the bill and notifying DC Water in writing, within twenty (20) calendar days after the bill date, the reason(s) why the bill is believed to be incorrect and that the bill is being paid under protest; or
Not paying the current charges in the bill and notifying DC Water in writing, within twenty (20) calendar days after the bill date, the reason(s) why the bill is believed to be incorrect.

All other disputes regarding billing charges not covered by section 402.1(a), such as erroneous classification due to failure of DC Water to change classification after receiving notice of change by customer, misapplication of account credits, incorrect impervious area, incorrect meter size, or payments applied to the wrong account, the owner or occupant may dispute those charges by:

Paying the current charges in the current bill and notifying DC Water in writing, within two (2) years after the date of the alleged erroneous charges, the reason(s) why the current charges and any similar charges issued within two (2) years of the date of written notice of dispute is believed to be incorrect and that the current bill is being paid under protest; or

Not paying the current charges in the bill and notifying DC Water in writing, within twenty (20) calendar days after the bill date the reason(s) why the current charges and any similar charges issued within two (2) years of the date of written notice of dispute is believed to be incorrect.

For issues related to misapplication of account credits or payments applied to the wrong account, notifying DC Water in writing, two (2) years of the misapplied credit and/or payment, requesting a review of the account for misapplied credits and/or payments.

Disputes under § 402.1(a) and § 402.1(b)(2), each bill challenge only applies to the current bill; the owner or occupant must file a separate dispute for each future bill.

Disputes under § 402.1(b)(1):

May be treated as continuous and will apply to future bills until the General Manager has issued a decision.

The owner or occupant continues to pay the current monthly bill or the General Manager, at the General Manager’s sole discretion, has agreed to a temporary billing arrangement.

(e) Disputes under § 402.1(b), DC Water may review bills rendered within two (2) years prior to the date of written notice of the dispute.

(f) The owner or occupant shall submit their bill dispute in writing to:

District of Columbia Water and Sewer Authority

Customer Service Department

1385 Canal St SE

Washington, DC 20003

Or email to: customer.service@dcwater.com

402.2 Challenges will be deemed to be filed untimely as follows:

Challenges under § 402.1(a) will be untimely if made more than twenty (20) days after the bill date.

Challenges under § 402.1(b)(1) and (2) will be untimely if made more than two (2) years after the bill date.

Challenges under § 402.1(b)(3) will be untimely if made more than two (2) years after the misapplied credit and/or payment.

(d) Challenges made more than twenty (20) days under §§ 402.1(a)(2) and (b)(2) shall be subject to the imposition of a penalty for nonpayment of charges as provided in 21 DCMR 112 and/or termination of service for nonpayment.

(e) Challenges made more than twenty (20) days under § 402.1(a) may not be investigated as provided under Section 403.

402.3 Nothing in this section shall be interpreted to relieve the owner or occupant of responsibility for paying all previously or subsequently rendered, uncontested water, sewer and groundwater sewer service charges, penalties, interest, and administrative costs.

402.4 An owner or occupant may appeal a practicability determination made by the General Manager pursuant to Section 207 by filing a petition for an administrative hearing within fifteen (15) calendar days of the date of the notice required in § 207. This petition shall be filed in accordance with the requirements set forth in Section 412 of this chapter, "Petition for Administrative Hearing".

402.5 An owner or owner's agent may appeal a practicability determination made by the General Manager pursuant to Section 5403 by filing a petition for an administrative hearing within fifteen (15) calendar days of the date of the notice required in Section 5403. This petition shall be filed in accordance with the requirements set forth in Section 412 of this chapter "Petition for Administrative Hearing".

402.6 An owner or owner's agent may appeal a determination of imminent threat made by the General Manager pursuant to § 5405 by filing a petition for an administrative hearing within fifteen (15) calendar days of the date of the termination. This petition shall be filed in accordance with the requirements set forth in Section 412 of this chapter "Petition for Administrative Hearing."

402.7 Non-residential and multi-family owners or their agents may seek an impervious surface area charge adjustment under Subsection 402.1 if the owner or agent can establish that the property has been assigned to the wrong rate class, the impervious service area used in the computation of the charge is incorrect or if the ownership information is incorrect.

402.8 Non-residential and multi-family owners or their agents shall submit a site survey, prepared by a registered professional land surveyor, showing impervious surfaces on the site and other information that may be requested by DC Water.

402.9 A User subject to the requirements of Chapter 15 of this title, may appeal any of the following final decisions made by the General Manager by filing a petition for an administrative hearing in accordance with the requirements set forth in Section 412 entitled “Petition for Administrative Hearing”:

(a) Determination that a User’s uncontaminated non-wastewater flows are discharging to a sewer specifically designated as sanitary sewer;

(b) Determination regarding the issuance, revocation, or non-transferability of a Wastewater Discharge Permit, or the terms and conditions of a Wastewater Discharge Permit;

(c) Determination regarding the issuance, suspension, termination, or denial of a Temporary Discharge Authorization or Waste Hauler Discharge Permit, or the terms and conditions of a Temporary Discharge Authorization or Waste Hauler Discharge Permit; and

(d) Determination regarding the suspension of water and sewer service due to an imminent danger to the environment or the operation or integrity of the District’s wastewater system.

402.10 A Non-Residential Customer subject to the requirements of Subsection 112.13 of this title, may appeal the General Manager’s determination denying a Zero FOG Discharge Exemption by filing a petition for an administrative hearing within fifteen (15) days of the date of the General Manager’s written determination in accordance with the requirements set forth in Section 412 entitled “Petition for Administrative Hearing”.

History

SOURCE: Final Rulemaking published at 24 DCR 8315 (March 24, 1978), incorporating text of Proposed Rulemaking published at 24 DCR 6206 (January 27, 1978), 12 DCRR §§ 400.37 and 400.37 2; as amended by Final Rulemaking published at 40 DCR 1300, 1307 (February 12, 1993); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999); as amended by Final Rulemaking published at 48 DCR 1743 (February 23, 2001); as amended by Final Rulemaking published at 56 DCR 2730 (April 10, 2009); as amended by Final Rulemaking published at 59 DCR 1021, 1093 (February 10, 2012); as amended by Final Rulemaking published at 60 DCR 11239 (August 2, 2013)); as amended by Final Rulemaking published at 66 DCR 10586 (August 16, 2019); as amended by Final Rulemaking published at 67 DCR 8839 (July 17, 2020); as amended by Final Rulemaking published at 68 DCR 013611 (December 17, 2021). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 402

21 DCMR § 403 INVESTIGATION OF CHALLENGED BILL

403.1 Upon receipt of a timely challenge to a water, sewer or groundwater sewer bill, DC Water shall suspend the obligation of the owner and occupant to pay the contested charges contained in the disputed bill and the owner or occupant will not be subject to any penalty, interest charge or termination of service for nonpayment of the disputed bill until the owner or occupant has been advised in writing of the results of the investigation.

403.2 As necessary to investigate the challenge, DC Water may:

(a) Verify the computations made in the formulation of the water and sewer charges;

(b) Verify the meter reading;

(d) Check the meter for malfunction by removing and testing the meter;

(e) Review account to ensure accurate account status; and

(f) Make a reasonable investigation of any facts asserted by the owner or occupant which are material to the determination of a correct bill.

403.3 DC Water may request that the customer submit a plumber’s report stating that there are no leaks on the property and that no issues on private property are contributing to increase water usage.

History

SOURCE: Final Rulemaking published at 40 DCR 1300, 1308 (February 12, 1993); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999); as amended by Final Rulemaking published at 68 DCR 013611 (December 17, 2021). HISTORICAL NOTE: Prior to February 12, 1993, the Department of Environmental Services published Final Rulemaking at 24 DCR 8315 (March 24, 1978), incorporating text of Proposed Rulemaking published at 24 DCR 6206, 6207 (January 27, 1978), 12 DCRR §400.37.4.

21 DCMR § 404 REPORT AND ADJUSTMENT

404.1 Upon completion of the investigation, DC Water shall issue a written decision containing a brief description of the investigation and findings.

404.2 On the basis of the investigation and findings, DC Water shall make appropriate adjustments to the bill for water or sewer charges in accordance with the provisions of this Chapter.

History

SOURCE: Final Rulemaking published at 40 DCR 1300, 1308 (February 12, 1993); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999); as amended by Final Rulemaking published at 68 DCR 013611 (December 17, 2021). HISTORICAL NOTE: Prior to February 12, 1993, the Department of Environmental Services published Final Rulemaking at 24 DCR 8315 (March 24, 1978), incorporating text of Proposed Rulemaking at 24 DCR 6206, 6208 (January 27, 1978), 12 DCRR §400.37.5

21 DCMR § 405 ADJUSTMENT FOR METER OR COMPUTATION ERRORS

405.1 If the investigation discloses meter overread or faulty computation, adjustment(s) shall be made to reflect the correct charges, as indicated by the correct reading or corrected computations.

405.2 If the meter test results confirms meter overread on a DC Water issued meter, the water and sewer service bill shall be adjusted to equal the average consumption of water at the same premises for up to three (3) previous comparable periods for which records are available.

405.3 If the meter test results confirms meter overread on a DC Water issued meter, and the investigation concerns groundwater sewer service, the groundwater sewer service bill shall be adjusted to equal the average groundwater meter registration at the same premises for up to three (3) previous comparable periods for which records are available.

405.4 If records for up to three (3) previous comparable billing periods are not available, the bill shall be adjusted based on the actual usage for the first comparable billing period after the meter has been replaced.

405.5 If the meter test results or investigation confirms meter overread, the General Manager shall, adjust the timely disputed and subsequent bills, until the date the meter was removed for testing, or determined to be over reading.

405.6 If the investigation confirms faulty computation, the General Manager shall adjust the timely disputed bill and subsequent bills containing faulty computations until the date the computations have been corrected

History

SOURCE: Final Rulemaking published at 24 DCR 8315 (March 24, 1978), incorporating text of Proposed Rulemaking published at 24 DCR 6206, 6208 (January 27, 1978), 12 DCRR §§400.37.5(a) and 400.37.5(b); as amended by Final Rulemaking published at 40 DCR 1300, 1309 (February 12, 1993); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999); as amended by Final Rulemaking published at 68 DCR 013611 (December 17, 2021).
EDITOR'S NOTE: Sections 405.1 to 405.3 issued under D.C. Act 2-112, Second Emergency Water and Sewer Bill Payment Act of 1977 expired on the 90th day following the effective date of the law. No permanent law was enacted

21 DCMR § 406 ADJUSTMENT FOR HOUSEHOLD LEAKS OR AIR CONDITIONING MALFUNCTION

406.1 The repair of leaking faucets, household fixtures, and similar leaks, and the repair of malfunctioning water-cooled air conditioning equipment, are the responsibility of the owner or occupant.

406.2 If the investigation discloses leaking faucets, leaking fixtures, or similar leaks, no adjustment will be made to the bill for any portion of the excessive consumption attributable to those leaks.

406.3 If the investigation discloses a malfunctioning water-cooled air conditioning system, no adjustment will be made to the bill for any portion of the excessive consumption attributable to that air conditioning system malfunction.

History

SOURCE: Final Rulemaking published at 24 DCR 8315 (March 24, 1978), incorporating text of Proposed Rulemaking published at 24 DCR 6206, 6208 (January 27, 1978), 12 DCRR §400.37.5(c) and 400.37.5(d); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999); as amended by Final Rulemaking published at 68 DCR 013611 (December 17, 2021).
EDITOR'S NOTE: Section 406 issued under D.C. Act 2-112, Second Emergency Water and Sewer Bill Payment Act of 1977 expired on the 90th day following the effective date of the law. No permanent law was enacted.

21 DCMR § 407 ADJUSTMENT FOR LEAKS WHICH OCCUR BETWEEN THE METER AND THE STRUCTURES THAT ARE SERVED BY THE METER AND FOR UNDERGROUND LEAKS

407.1 When a meter leak is discovered due to a DC Water issued meter, the Authority shall make the repairs to the meter. A licensed plumber may make the necessary repairs at the expense of the Authority if the amount and nature of the repairs is approved in advance by the General Manager but only if the General Manager has not determined that the leak constitutes an emergency or unsafe condition.

407.2 If the investigation indicates a possible a leak in underground service pipe, the General Manager shall investigate the cause and location when notified of the possibility of leaks. If the investigation discloses a leak, other than a meter leak, of indeterminate location in the underground service, or at some other location where the leak is not apparent from visual or other inspection, the General Manager shall determine whether the leak is on public space, on private property, on property that is under the control of the occupant, or the result of infrastructure for which the owner or occupant is responsible for maintaining and repairing.

407.3 If, pursuant to § 407.2, the leak is determined to have been caused by the Authority or is determined to be the result of infrastructure for which the Authority is responsible for maintaining and repairing, the Authority shall repair the leak and the General Manager shall adjust the bill to equal the average consumption of water at the same premises for up to three (3) previous comparable periods for which records are available. If the leak is determined to have been caused by the owner or occupant, no adjustment shall be made.

407.4 If, pursuant to § 407.2, the leak is determined to be on private property or on property that is under the control of the owner or occupant, or the result of infrastructure for which the owner or occupant is responsible for maintaining and repairing, the owner or occupant shall repair the leak. The General Manager may, at their discretion, upon request of the owner, adjust the disputed bill and any bills issued during the investigation for a period not to exceed (30) calendar days after the issuance of the bill investigation report.

407.5 The adjusted amount, in accordance with § 407.4, shall not exceed 50% of the excess water usage over the average consumption of water at the same premises for up to three (3) previous comparable periods for which records are available. The General Manager may take the following into consideration in determining whether there should be a reduction in the bill(s):

(a) There has been no negligence on the part of the owner or occupant in notifying DC Water of unusual conditions indicative of a waste of water;

(b) The owner has repaired the leak within 30 calendar days after the bill investigation report is issued to the owner or occupant;

(c) The owner provides evidence that repairs have been made and that those repairs were performed by a licensed District of Columbia master plumber in accordance with the rules and regulations of the District of Columbia Department of Consumer and Regulatory Affairs; and

(d) The request for adjustment has been made in accordance with § 402.1 (a).

407.6 The General Manager may, at their discretion, adjust up to 100% of the excess sewer charges resulting from an underground leak if it is determined that the excess water usage did not enter the wastewater system.

407.7 No Adjustment shall be made if the leak is determined to have been caused by the owner or occupant.

History

SOURCE: Final Rulemaking published at 24 DCR 8315 (March 24, 1978), incorporating text of Proposed Rulemaking published at 24 DCR 6206, 6208 (January 27, 1978), 12 DCRR §§400.37.5(e) and 400.37.5(f); as amended by Final Rulemaking published at 40 DCR 1300, 1309 (February 12, 1993); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999); as amended by Final Rulemaking published at 50 DCR 796(January 24, 2003); as amended by Final Rulemaking published at 52 DCR 10709 (December 9, 2005); as amended by Final Rulemaking published at 68 DCR 013611 (December 17, 2021).

21 DCMR § 408 INCONCLUSIVE FINDINGS

408.1 In cases in which all checks and tests result in inconclusive findings that provide no reasonable explanation for excessive consumption, no adjustment shall be made to the bill for any portion of the excessive consumption, except as may be approved at the sole discretion of the General Manager, based upon a demonstration by the owner or occupant that such an adjustment will further a significant public interest.

History

SOURCE: Final Rulemaking published at 24 DCR 8315 (March 24, 1978), incorporating text of Proposed Rulemaking published at 24 DCR 6206, 6208 (January 27, 1978), 12 DCRR §400.37.5(g); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999); as amended by Final Rulemaking published at 50 DCR 796(January 24, 2003); as amended by Final Rulemaking published at 68 DCR 013611 (December 17, 2021).

21 DCMR § 409 NOTICE OF INVESTIGATION RESULTS AND ADJUSTED BILLS

409.1 After reviewing the report and making any adjustments to the water or sewer service charges, in accordance with the provisions of this Chapter, the Authority shall mail or email, where an email address is available on the account, written notice of the following to the owner or occupant:

(a) The results of the investigation; and

(b) If an adjustment is warranted, the amount of the adjustment.

409.2 An owner or occupant may appeal the General Manager’s decision by filing a petition for an administrative hearing within fifteen (15) calendar days of the date of the decision.

409.3 The new date for payment of the original or adjusted bill, as set forth in the notice, shall not be less than fifteen (15) days after the mailing date of the notice.

409.4 If the original bill was paid and an adjustment is warranted:

The amount of the overcharge shall be credited to the account and applied first to any outstanding account balance.

(b) If after the adjustment and any outstanding account balance has been paid, the customer may request DC Water to issue a refund for any credit balance that remains.

If after the adjustment and any outstanding account balance has been paid, the customer does not request a refund, any credit will remain on the account and applied to future charges.

409.5 If the original bill was not paid and an adjustment to a charge is warranted, the amount of the overcharge shall be adjusted and reflected in the account balance.

409.6 The notice shall also inform the owner or occupant of the right to appeal the determination and bill (or amended bill) set forth in the notice, and shall set forth the following:

(a) The requirements for filing the appeal under § 410.2; and

(b) If an appeal is filed, there will be no penalty or service cut-off for non-payment of the bill until the appeal has been considered and he or she has been notified in writing of the results of the appeal and a new date for payment.

History

SOURCE: Final Rulemaking published at 24 DCR 8315 (March 24, 1978), incorporating text of Proposed Rulemaking published at 24 DCR 6206, 6210 (January 27 1978), 12 DCRR §§400.37.6 and 400.37.7; as amended by Final Rulemaking published at 40 DCR 1300, 1309 (February 12, 1993); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999); as amended by Final Rulemaking published at 50 DCR 796 (January 24, 2003); as amended by Final Rulemaking published at 68 DCR 013611 (December 17, 2021).

21 DCMR § 410 ADMINISTRATIVE HEARINGS

410.1 The purpose of hearings held under this Section is to provide the petitioner with an opportunity to appeal the decision of the General Manager pertaining to:

(a) The validity of any water, sewer or groundwater sewer service charge;

(b) The practicability determination made pursuant to Section 207 of Chapter 2 regarding metering of groundwater flows;

A practicability determination made pursuant to Section 5403 of Chapter 54 regarding the installation of backflow preventers to prevent cross connections;

(d) An imminent threat determination made pursuant to Section 5405 of Chapter 54;

(e) A denial, suspension, or revocation of a certificate to test backflow preventers pursuant to Section 5408 of Chapter 54;

(f) The determination that a User’s uncontaminated non-wastewater flows are discharging to a sewer specifically designated as sanitary sewer;

(g) Issuance, revocation, or non-transferability of a Wastewater Discharge Permit, or the terms and conditions of a Wastewater Discharge Permit;

(h) Issuance, suspension, termination, or denial of a Temporary Discharge Authorization or Waste Hauler Discharge Permit, or the terms and conditions of a Temporary Discharge Authorization or Waste Hauler Discharge Permit;

(i) Suspension of water and sewer service due to an imminent danger to the environment or the operation or integrity of the District’s wastewater system;

(j) The Zero FOG Discharge Exemption determination that a Food Service Establishment has the potential to discharge oil and grease laden wastewater to the District’s wastewater system; and

(k) Any other decision under this Title that explicitly grants the right to appeal the General Manager’s decision.

410.2 The rules of procedure set forth in this Section shall govern the form, content and filing of requests for a hearing to contest water, sewer and groundwater service charges, interest, penalties, fees and determinations of practicability made pursuant to Chapter 2.

410.3 Petitioner shall have the right to do the following:

(a) Represent themselves or be represented by an attorney;

(b) To present their case or defense by oral or documentary evidence;

(d) To conduct a cross-examination as may be required for a full disclosure of the facts.

History

SOURCE: Final Rulemaking published at 40 DCR 1300, 1310 (February 12, 1993); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999); as amended by Final Rulemaking published at 48 DCR 1743(February 23, 2001); as amended by Final Rulemaking published at 59 DCR 1021, 1094 (February 10, 2012); as amended by Final Rulemaking published at 60 DCR 11239 (August 2, 2013)); as amended by Final Rulemaking published at 66 DCR 10586 (August 16, 2019); as amended by Final Rulemaking published at 68 DCR 013611 (December 17, 2021). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 410

21 DCMR § 411 COMPUTATION OF TIME

411.1 The computation of any period of time prescribed or allowed by this Chapter, by notice, order, rule or regulation to DC Water, or by statute, shall not include the day of the act, event, bill, notice or default.

411.2 The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until midnight of the next day which is not a Saturday, Sunday, or legal holiday.

411.3 Whenever a party is required to serve papers or do some act within a prescribed period, and does so by mail, three (3) days shall be added to the prescribed period.

411.4 Days as used in this chapter shall refer to calendar days unless otherwise specified.

History

SOURCE: Final Rulemaking published at 40 DCR 1300, 1310 (February 12, 1993); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999); as amended by Final Rulemaking published at 68 DCR 013611 (December 17, 2021).

21 DCMR § 412 PETITION FOR ADMINISTRATIVE HEARING

412.1 An owner or occupant may file a petition for an administrative hearing to review the decision of the General Manager within fifteen (15) calendar days of the date of the decision.

412.2 A petition for an administrative hearing shall be made in writing within fifteen (15) calendar days of the date of the notice specified by § 409.1 of this Chapter.

412.3 Petitions for review shall be filed by mail to:

District of Columbia Water and Sewer Authority

ATTN: Administrative Hearings

1385 Canal Street SE

Washington, DC 20003

or by email to:

Administrative.Hearings@DCWater.com

History

SOURCE: Final Rulemaking published at 40 DCR 1300, 1311 February 12, 1993); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999); as amended by Final Rulemaking published at 68 DCR 013611 (December 17, 2021).

21 DCMR § 413 SURETY BOND/DEPOSIT

413.1 The owner or occupant shall post a surety bond or deposit, equal to not less than one-half (1/2) of the outstanding water, sewer, or groundwater sewer service charges, penalties, and interest owed at the time the request for administrative hearing is made.

413.2 The requirement to post a surety bond or deposit shall not apply to an owner who occupies the single-family house where the contested charges were incurred.

413.3 The deposit shall be in the form of a certified check or money order. The deposit shall be placed in an escrow account and accrue interest. The interest rate shall be determined based on the Annualized Treasury Bill Yield Rate, which is published in nationally circulated newspapers, including the Washington Post and the New York Times. If more than one rate is published, the lowest rate shall be used.

413.4 A surety bond shall accrue interest only if it is in a form that is equivalent to cash.

413.5 Upon receipt of the surety bond or deposit, the portion of the water and sewer charges being challenged shall not be subject to penalty or interest, and service shall not be terminated for non-payment of the contested charges, until a final decision has been rendered.

413.6 The owner or occupant shall pay all charges not in dispute within thirty (30) days of the date that the bill for such charges is rendered.

History

SOURCE: Final Rulemaking published at 40 DCR 1300, 1311 (February 12, 1993); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999); as amended by Final Rulemaking published at 68 DCR 013611 (December 17, 2021).

21 DCMR § 414 HEARING OFFICERS

414.1 Upon the filing of a request for hearing, the General Manager may conduct a hearing or assign a hearing officer (“hearing officer”) to the case. Thereafter, all motions and procedural requests shall be addressed to the hearing officer.

414.2 No hearing officer shall conduct a hearing in a proceeding in which he or she is prejudiced or partial with respect to any owner or occupant, or where that officer has any interest in the matter pending for decision.

414.3 No hearing officer shall have the authority to overrule any law or regulation of the District of Columbia.

414.4 The hearing officer shall have the following powers:

(a) To give notice concerning hearings;

(b) To administer oaths and affirmations;

(d) To issue subpoenas and order the parties to submit documents or other evidence;

(e) To request that investigative reports be prepared by DC Water in instances where the reports do not exist;

(f) To grant requests for discovery, if the discovery is necessary for the disposition of the appeal;

(g) To rule upon offers of proof and to receive relevant evidence;

(h) To regulate the course and conduct of hearings;

(i) To hold conferences, before or during a hearing, for the settlement or simplification of issues;

(j) To rule on motions and to dispose of procedural requests or similar matters;

(k) To issue final decisions as provided in this Section or by law;

(l) To adjust the charges for water, sewer, and groundwater sewer service based upon facts adduced at hearings held pursuant to this Chapter;

(m) To adjust the charges for groundwater sewer service based upon a challenge to a determination of practicability made pursuant to § 207; and

(n) To take any other action authorized by this Chapter, the Administrative Procedure Act, or by any other applicable statute, rule or regulation.

History

SOURCE: Final Rulemaking published al 40 DCR 1300, 1312 (February 12, 1993); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999); as amended by Final Rulemaking published at 68 DCR 013611 (December 17, 2021).

21 DCMR § 415 SCHEDULING OF HEARING/DEFAULT JUDGMENT

415.1 The hearing officer shall set the date, time and place of the hearing.

415.2 The hearing officer may agree to reschedule the hearing upon the written request of one of the parties for good cause shown or upon the consent of all parties.

415.3 The failure to appear at the scheduled hearing or to request, in advance, that the scheduled hearing be postponed, may result in a default judgment.

415.4 The hearing officer may issue a final order affirming the imposition of any charges, fines, interest and penalties that the DC Water has assessed against the property by default.

415.5 Failure to comply with the conditions imposed by the hearing officer may result in the entry of a default judgment.

History

SOURCE: Final Rulemaking published at 40 DCR 1300, 1313 (February 12, 1993); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999); as amended by Final Rulemaking published at 68 DCR 013611 (December 17, 2021).

21 DCMR § 416 DISMISSAL OF HEARINGS

416.1 A petitioner may request a dismissal by filing a written motion with the hearing officer or orally requesting dismissal at the hearing.

416.2 DC Water may request a dismissal by filing a written motion with the hearing officer or orally requesting dismissal at the hearing.

416.3 If a written motion to dismiss is filed, the opposing party shall have fourteen (14) calendar days to file an opposition to the motion with the hearing officer.

416.4 The hearing officer may dismiss a hearing demand, either entirely or as to any stated issue, under any of the following circumstances:

Where the matter or issue has previously been the subject of a hearing;

The petitioner failed to appear at a hearing, and the owner or occupant failed to request a continuance or show good cause for failing to appear;

Where the owner or occupant requesting a hearing is not a lawful owner or occupant or does not otherwise have a right to a hearing. This would include, but is not limited to, cases in which the individual is not the owner or occupant;

(d) Where the petitioner has failed to file a timely hearing demand pursuant to the provisions of this Chapter;

(e) Where the hearing officer, in his or her opinion, finds that a petition filed in any proceeding does not raise a question of fact or law or the claim is frivolous; or

(f) Where the petitioner’s initial challenge to the bill was untimely.

416.5 The dismissal shall be in the form of an order by the hearing officer, which shall contain a statement of facts and law and the reason for the dismissal. No such order shall be necessary where all the parties have expressly requested the dismissal.

416.6 The dismissal order shall be given to the parties or mailed to them at their last known address.

History

SOURCE: Final Rulemaking published at 40 DCR 1300, 1314 (February 12, 1993); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999); as amended by Final Rulemaking published at 48 DCR 1743(February 23, 2001); as amended by Final Rulemaking published at 68 DCR 013611 (December 17, 2021).

21 DCMR § 417 SERVICE OF DOCUMENTS

417.1 The initial document filed by any party shall state on the first page the name and post office address of the person or persons to be served with any documents filed in the proceeding.

417.2 Whenever any document is filed by any party with the hearing officer, copies shall be served by the filing party upon all parties to the proceedings.

417.3 Service may be made by regular mail, by registered or certified mail, or by personal delivery.

417.4 Service upon a party or an attorney of record or designated representative of a party shall occur at the time of hand delivery; by email if one is on record; or if by mail, to the address of record, by the postmark date plus three (3) days, as prescribed in § 411.3.

History

SOURCE: Final Rulemaking published at 40 DCR 1300, 1314 (February 12, 1993); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999); as amended by Final Rulemaking published at 68 DCR 013611 (December 17, 2021).

21 DCMR § 418 PROOF OF SERVICE

418.1 A party filing a document with the hearing officer shall furnish written proof that a copy also has been sent to every other party.

418.2 The proof shall show the date and manner of service and may be as follows:

(a) Written acknowledgement of service;

(b) Affidavit of the person making service;

(d) By other proof satisfactory to the hearing officer.

418.3 Acknowledgement of service may be made by any person at the address shown on the document who is sixteen (16) years of age or older.

History

SOURCE: Final Rulemaking published at 40 DCR 1300, 1315 (February 12, 1993); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999); as amended by Final Rulemaking published at 68 DCR 013611 (December 17, 2021).

21 DCMR § 419 STYLE OF PLEADINGS AND PETITIONS

419.1 All pleadings, notices, orders and other papers filed under the provisions of this Chapter shall be captioned “Before the District of Columbia Water and Sewer Authority.”

419.2 A document shall contain the DC Water Docket Number if assigned.

419.3 Each petition filed under this Chapter shall be styled in the manner of pleadings as provided in this Section.

419.4 Each document shall contain a title appropriate to the proceedings which describe generally the type of document, such as one of the following:

In the Matter of the __________ (Charges, Interest, Penalties, and Fees) for the water and sewer services rendered to __________ (Property Address) owned by __________ (Name of Owner of Record) and occupied by __________ (Name of Occupant)

419.5 Upon filing, each petition shall be given a docket number and shall become a matter of public record.

419.6 Each petition shall contain the following:

(a) Facts related to the water and sewer service account including the following:

(1) The account number;

(2) The service address;

(3) The name of the party who holds the account;

(4) The type of property and number of units;

(5) If petitioner is disputing billing charges, the date or range of dates of the bill(s) in dispute; and

(6) The number of people residing at the service address during the period of the disputed bill(s).

(b) A concise statement of the facts concerning the dispute;

(d) If petitioner is disputing billing charges, a request for adjustment of the water and sewer service charges.

History

SOURCE: Final Rulemaking published at 40 DCR 1300, 1315 (February 12, 1993); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999); as amended by Final Rulemaking published at 68 DCR 013611 (December 17, 2021).

21 DCMR § 420 HEARINGS

420.1 A party to any hearing may invite any member of the public to attend the hearing.

420.2 Hearings shall be held at the location indicated on the hearing notice; Provided, that the hearing officer, at his or her discretion, may establish other permanent or temporary hearing locations.

420.3 The hearing officer shall ensure that the hearing is conducted in an orderly manner and shall have the authority to exclude any owner or occupant or other person from the hearing on the grounds of substantial interference with, or obstruction of, an orderly hearing process.

420.4 If an owner or occupant requests a hearing on charges from more than one water and sewer service or groundwater sewer service billing period, the hearing officer may consolidate the hearings.

420.5 The Rules of Civil Procedure and the Rules of Criminal Procedure for the Superior Court of the District of Columbia are not binding for these administrative hearings.

420.6 All testimony shall be given under oath or affirmation administered by the hearing officer.

420.7 The burden of proof shall be on the parties seeking relief.

420.8 The standard of proof shall be a preponderance of the evidence.

420.9 Hearing officers assigned to render a decision in any proceedings under this Chapter shall not communicate, directly or indirectly, with any person involved in or affiliated with any of the parties, except upon notice and opportunity for all parties to participate.

420.10 If any person refuses to respond to a subpoena, refuses to take the oath or affirmation as a witness, refuses to be examined, or refuses to obey any lawful order of the hearing officer, the hearing officer may petition the Superior Court of the District of Columbia for an order requiring compliance.

420.11 The hearing officer shall follow the general rules of evidence applicable to administrative hearings under the District of Columbia Administrative Procedure Act. P.L. 90-614 (D.C. Code § 2-501 et seq.).

History

SOURCE: Final Rulemaking published at 40 DCR 1300, 1317 (February 12, 1994); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999); as amended by Final Rulemaking published at 68 DCR 013611 (December 17, 2021).

21 DCMR § 421 ARGUMENT BEFORE THE HEARING OFFICER

421.1 The hearing officer shall give the parties to the proceeding adequate opportunity during the course of a hearing for the presentation of arguments in support of or in opposition to the petition for administrative review, motions, objections, and exceptions to the rulings of the Officer.

421.2 The hearing officer may impose time limits on the arguments.

421.3 Oral argument shall be recorded and will be available as part of the record.

History

SOURCE: Final Rulemaking published at 40 DCR 1300, 1318 (February 12, 1993); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999); as amended by Final Rulemaking published at 68 DCR 013611 (December 17, 2021).

21 DCMR § 422 FINAL DECISIONS

422.1 The hearing officer shall issue a final decision containing a concise statement of facts and conclusions of law.

422.2 The final decision shall include specific findings on each issue of fact and shall be based upon reliable, probative, and substantive evidence. Mere conclusory assertions or summaries of evidence shall not constitute a sufficient basis for findings or fact within the meaning of this Section.

422.3 The final decision of the hearing officer shall be based upon consideration of the entire record of the proceeding, and no evidence, information, or other knowledge, except that of which official notice is taken, shall be considered.

422.4 If the hearing officer rules in favor of the owner or occupant, and finds that the owner or occupant has made payments in excess of the amount due:

The amount of the overcharge shall be credited to the account and applied first to any outstanding account balance.

If after the adjustment and any outstanding account balance has been paid, the customer may request DC Water to issue a refund for any credit balance that remains.

If after the adjustment and any outstanding account balance has been paid, the customer does not request a refund, any credit will remain on the account and applied to future charges.

422.5 If the hearing officer rules in favor of the DC Water and finds that the owner or occupant has outstanding water and sewer charges, the owner or occupant shall be required to pay the difference between the amount in escrow, if any, and the amount of outstanding charges, penalties, interest, and fees within fifteen (15) days of the notice of the decision.

History

SOURCE: Final Rulemaking published at 40 DCR 1300, 1318 (February 12, 1993); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999); as amended by Final Rulemaking published at 68 DCR 013611 (December 17, 2021).

21 DCMR § 423 PAYMENT

423.1 Checks or money orders shall be made payable to the “District of Columbia Water and Sewer Authority.”

423.2 Certified checks or cash shall be required for payments exceeding two hundred dollars ($ 200).

423.3 If any check or other instrument offered to make any payment due is dishonored, the owner or occupant shall be responsible for any fees established by DC Water.

History

SOURCE: Final Rulemaking published at 40 DCR 1300, 1319 (February 12, 1993); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999); as amended by Final Rulemaking published at 68 DCR 013611 (December 17, 2021).

21 DCMR § 424 TRANSCRIPTS OF HEARING

424.1 Transcripts of the hearing proceedings may be ordered through a form provided by the General Manager.

424.2 The costs for transcript(s) of the hearing record shall be borne by the party requesting the transcript.

424.3 Fees for transcripts shall be at a rate set by the General Manager based on the costs DC Water has incurred.

424.4 Transcripts may be ordered upon payment of a deposit, the amount of which shall be set by the General Manager.

424.5 When the cost of the transcript has been determined to be less than the amount of the transcript deposit, the amount by which the deposit exceeds the cost of the transcript shall be refunded.

424.6 When the cost of the transcript is determined to exceed the amount of the transcript deposit, the petitioner shall be notified in writing of the balance due for preparing the transcript. The balance due shall be paid before the transcript is released.

424.7 If the owner or occupant fails to make a payment when due as required by this Section or if any check offered to make payment is dishonored, the request for the transcript shall be dismissed, and the deposit shall not be refunded.

424.8 Changes in the official transcripts shall be made only when they involve errors of substance.

424.9 A motion to correct a transcript shall be filed with the hearing officer and the other party within ten (10) days after receipt of the transcript.

424.10 If no objections to the motion are filed within ten (10) days after the filing of the motion, the transcript may, upon the approval of the chief hearing officer, be changed to reflect the corrections.

424.11 If objections to a motion to correct a transcript are received, the motion and objection shall be submitted to the reporter or transcriber by the chief hearing officer with a request to compare the transcript with the stenographic or other record of the hearing.

424.12 After receipt of the transcriber’s report, an order shall be entered by the hearing officer settling the record and ruling on the motion.

History

SOURCE: Final Rulemaking published at 40 DCR 1300, 1319 (February 12, 1993); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999); as amended by Final Rulemaking published at 48 DCR 1743 (February 23, 2001); as amended by Final Rulemaking published at 68 DCR 013611 (December 17, 2021).

21 DCMR § 425 TERMINATION OF WATER AND SANITARY SEWER SERVICES FOR NONPAYMENT

425.1 The purpose of this Section is to establish the criteria and procedures for terminating water and sewer services for nonpayment of any charges, penalties, interests, or fees permitted by law to be assessed against the owner or occupant of real property.

425.2 Except as otherwise provided in this Chapter, DC Water shall provide the owner or occupant with a final notice specifying that the water and sewer services will be terminated.

425.3 The final notice shall specify the date that service will be subject to termination.

425.4 In deciding whether or not to terminate water and sewer services for a delinquent account, the General Manager may consider the following:

(a) Whether a tenant is eligible to establish an account in his or her own name;

(b) The payment history of the owner or occupant;

(d) Whether the owner or occupant has applied for any customer assistance programs for which the owner or occupant is eligible.

History

SOURCE: Final Rulemaking published at 40 DCR 1300, 1320 (February 12, 1993); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999); as amended by Final Rulemaking published at 68 DCR 013611 (December 17, 2021).

21 DCMR § 426 HONORING REQUESTS FROM OWNERS FOR TERMINATION OF WATER AND SEWER SERVICES

426.1 DC Water, upon receipt of a written request from the owner of a property provided water and sewer services, shall terminate services when one of the following conditions exists:

(a) The property is vacant;

(b) There is an outstanding delinquent balance on the account;

(c) The water and sewer service has been terminated for nonpayment, and it is verified that service has been restored by the occupant or someone solicited by the occupant, without the authorization of DC Water; or

(d) The owner provides documentation that the property is occupied by parties without a legal right to be on the property and who occupy the property without the consent of the owner.

426.2 DC Water may request the owner to provide a notarized affidavit stating that the property is vacant or that it is occupied by parties without a legal right to be on the property and who occupy the property without the consent of the owner.

426.3 DC Water may determine that the request for termination of service will not be honored if the property is occupied and any of the following conditions exists:

(a) There is no delinquent balance on the account and the property is occupied by tenants or others with the consent of the owner; or

(b) The owner is the account holder, the tenant agrees to assume prospective responsibility for prospective water and sewer charges and the General Manager determines that it is practicable for the tenant to assume responsibility for the water and sewer charges.

History

SOURCE: Final Rulemaking published at 40 DCR 1300, 1321 (February 12, 1993); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999); as amended by Final Rulemaking published at 68 DCR 013611 (December 17, 2021).

21 DCMR § 427 REAL PROPERTY LIENS AND TAX SALE

427.1 When bills for water and sewer service charges, meter maintenance and repairs, or sanitary sewer services are more than sixty (60) days overdue, DC Water shall provide the owner of record with a written notice of intent to file a lien.

427.2 The written notice shall state the following:

(a) The outstanding balance;

(b) A notice that if the bills are not paid in full or payment arrangements are not made within fourteen (14) calendar days of the date of the notice, a certificate of delinquency may be filed by DC Water with the Recorder of Deeds;

(d) The owner of a single family home has the opportunity to present evidence that he or she occupies the premises.

427.3 The owner of a single family home who occupies the premises shall present evidence of occupancy within fourteen (14) calendar days of the date of the notice of intent.

427.4 Acceptable evidence of occupancy shall include the following with personal identifiable information redacted (e.g., social security number, date of birth and financial account number):

(a) Income tax returns;

(b) Non-driver’s identification card or a valid driver’s license;

(d) Proof of eligibility of Homestead Deduction in accordance with DC Official Code § 47–850; and

(e) Other documentation considered credible by DC Water, including but not limited to a notarized affidavit.

427.5 Single family homes that are owner occupied, shall not be sold at tax sale for delinquent water and sewer charges, but a lien shall be attached to the real property until the outstanding balance is paid in full.

427.6 At the end of the fourteen-calendar day (14) period, if the balance has not been paid in full, a Certificate of Delinquency shall be filed by DC Water and mailed, by certified mail, to the owner of record at the address listed by the Office of Tax and Revenue for the receipt of tax notices.

427.7 Real property tax sales pursuant to this Section shall be conducted by the Office of Tax and Revenue.

427.8 The rules and regulations applicable to tax sales used by the Office of Tax and Revenue shall govern tax sales, under this Section.

427.9 If a rule or regulation of the Office of Tax and Revenue conflicts with a provision of the District of Columbia Water and Sewer Operations Amendment Act of 1990, (D.C. Law 8-136) or any statute governing the enforcement of water and sewer liens at tax sale, D.C. Law 8-136 or the applicable statute shall govern.

427.10 The Director of the Department of Housing and Community Development may submit bids for properties to be included in the housing program, authorized by § 2 of the Act, and to make payments to the Water and Sewer Enterprise Fund from appropriations or sums otherwise provided.

History

SOURCE: Final Rulemaking published at 40 DCR 1300, 1322 (February 12, 1993); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999); as amended by Final Rulemaking published at 68 DCR 013611 (December 17, 2021).

21 DCMR § 428 OPPORTUNITY FOR A TENANT TO RECEIVE SERVICE IN OWN NAME

428.1 DC Water may permit the tenant(s) to receive the bills in their own name, when the owner or agent of the rental property fails to pay the delinquent account in full and it is determined to be practicable.

428.2 At least ten (10) working days prior to terminating water and sewer services to the premises, DC Water shall send a notice to the tenant(s) in accordance with § 425.2.

428.3 Once it is determined that the tenants will be billed directly for water and sewer charges, DC Water will read the meter on service at the affected address and render a final bill to the owner or the agent for the owner.

428.4 If water and sewer charges incurred by the tenant(s) remain unpaid for more than thirty (30) days after the rendering of a bill for the charges, penalties and interest shall be applied to the tenant’s outstanding charges, and water and sewer services may be terminated.

428.5 If water and sewer service charges billed directly to the tenant or tenants are unpaid and result in the termination of services, the tenant or tenants shall be required to pay all delinquent charges, penalties, interest and fees incurred during the period they received bills.

428.6 If service has been terminated due to a delinquent tenant account, services shall not be restored until all charges, penalties, interest and fees for the property are paid in full.

History

SOURCE: Final Rulemaking published at 40 DCR 1300, 1324 (February 12. 1993); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999); as amended by Final Rulemaking published at 68 DCR 013611 (December 17, 2021).

21 DCMR § 429 SPECIAL PROVISIONS GOVERNING MASTER-METERED APARTMENT BUILDINGS

429.1 Section 428 shall apply to all master-metered water and sewer accounts in residential rental apartment buildings billed directly to the owner, agent, lessor, or manager of the premises (hereinafter referred to as “owner”).

429.2 DC Water shall provide the tenants with the opportunity to assume prospective financial responsibility for the water and sewer services pursuant to the provisions of §§ 428 and 430.

History

SOURCE: Final Rulemaking published at 40 DCR 1300, 1325 (February 12, 1993); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999); as amended by Final Rulemaking published at 68 DCR 013611 (December 17, 2021).

21 DCMR § 430 DETERMINATION OF PRACTICABILITY

430.1 DC Water may decide to continue water and sewer service to any master-metered residential, rental apartment building despite the nonpayment of a delinquent account by the owner, if the General Manager determines that it is practicable for the tenants to assume prospective financial responsibility for water and sewer services by receiving the service in their own names, either individually or collectively, on the same terms as any other customer and without any liability for the amount due while service was billed directly to the owner.

430.2 In order to qualify as a tenant group or association, the group or tenant association shall provide documentation that the following requirements have been met:

(a) It is appointed as the authorized agent for each tenant;

(b) Have capital reserves equal to the estimated quarterly water and sewer service charges for the premises;

(d) Have a written agreement specifying the fair and equitable apportionment of the water bill to each tenant, and the tenant’s agreement to pay his or her portion of the bill to the tenant group or association in a timely manner;

(e) Maintain its records and a system of accounts in a manner consistent with generally accepted accounting principles;

(f) Agree to make its financial records available for inspection by the tenant; and

(g) Obtain a bond to guarantee the integrity of its financial transactions.

430.3 The General Manager may find that it is practicable to meter each apartment on the premises if the following requirements are met:

(a) The owner of the premises agrees in writing to install individual meters for each unit on the premises at the owner’s expense and risk;

(b) The owner agrees in writing to complete the installation within sixty (60) days of the date of the written agreement; and

430.4 The General Manager may permit tenants to assume prospective financial responsibility for water and sewer service charges if there exists a tenant group or association that is willing and able to accept responsibility for collecting water and sewer bill payments from each tenant at the premises, and of paying each bill when it becomes due.

430.5 The General Manager shall prepare a finding of practicability which contains the following information:

(a) The address of the premises;

(b) The name of the owner;

(d) A determination of whether it is feasible to meter each unit on the premises, pursuant to the provisions of § 430.3 of this Chapter;

(e) If individual metering is not feasible, whether a tenant group or association exists which meets the requirements of § 430.2, and that the requirements of this Chapter have been met; and

(f) Any other information pertaining to the premises and its service which may have a bearing on the General Manager’s decision on practicability.

History

SOURCE: Final Rulemaking published at 40 DCR 1300, 1325 (February 12, 1993); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999); as amended by Final Rulemaking published at 68 DCR 013611 (December 17, 2021).

21 DCMR § 431 NOTICE TO TENANTS

431.1 At least fourteen (14) calendar days prior to terminating water and sewer services to the premises, the General Manager shall post notice outside the premises.

431.2 The notice shall provide the tenant(s) with the following information:

(a) The owner is delinquent in the payment of water and sewer service charges;

(b) Water and sewer services to the premises may be terminated;

(c) DC Water may permit the tenants to establish a water and sewer account in their own names if the General Manager considers it is practicable under the provisions of § 430.1 of this Section;

(d) The tenants may petition the Superior Court to establish a receivership;

The tenants have the right to deduct all future payments made by the tenants for water and sewer services from rent owed as provided by DC Official Code § 34-2303 (b).

(f) The tenants may request to receive service in their own name either individually or collectively in accordance with the provisions of § 428;

(g) The time period within which the tenants or their authorized agents must request to assume prospective responsibility for water and sewer service charges; and

(h) The mailing address and telephone number of the office within DC Water, where the tenants can obtain additional information.

431.3 Each tenant shall agree in writing to establish an individual or collective water and sewer utility service account within thirty (30) days of the date on the notice issued pursuant to § 431.2.

431.4 Each tenant shall establish individual water and sewer service accounts within sixty (60) days of the date the General Manager finds that the following requirements are met:

It is practicable to install individual meters for each unit on the premises, and

(b) A tenant group that meets the requirements of this Chapter exists.

431.5 The tenants’ group or association shall establish a water and sewer service account within thirty (30) days of the date the Director determines that it is practicable for the tenants to assume prospective responsibility for water and sewer and groundwater sewer service charges.

431.6 Tenants who move into the premises shall execute the agreement with the tenant group or association or establish an individual account.

431.7 The failure to execute a written agreement for individual or collective accounts and to establish a water and sewer service account in a timely manner shall result in the termination of water and sewer services to the premises.

History

SOURCE: Final Rulemaking published at 46 DCR 5358 (June 18, 1999); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999); as amended by Final Rulemaking published at 68 DCR 013611 (December 17, 2021).

21 DCMR § 432 TENANT PAYMENT OF WATER AND SEWER SERVICE BILL

432.1 The General Manager may terminate water and sewer service to the premises of a tenant who has agreed to accept responsibility for payment of water and sewer services charges individually or with a tenant association when the tenant or the tenant group or association is delinquent in payment.

432.2 The rights of the tenant group or association shall terminate upon the occurrence of any of the following:

(a) The failure to make timely payments;

(b) The failure of the tenant group or association to maintain bonding;

(d) The failure of the tenant group or association to obtain the consent of all the premises’ tenants, including the consent of all tenants who move into the premises after the account is established.

432.3 Upon termination of the tenant group or association’s account, DC Water shall bill the owner of the property directly for water and sewer charges.

History

SOURCE: Final Rulemaking published at 40 DCR 1300, 13280 (February 12, 1993); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999); as amended by Final Rulemaking published at 68 DCR 013611 (December 17, 2021).

21 DCMR § 499 DEFINITIONS

499.1 When used in this Chapter, the following words and phrases shall have the meanings ascribed:

Authority - the District of Columbia Water and Sewer Authority or its lawful agent, successor in interest or designee.

Comparable periods -

(a) No change in occupancy;

(b) The same or like seasons; and

DC Water - the District of Columbia Water and Sewer Authority or its lawful agent, successor in interest or designee.

General Manager - the chief administrative officer of the District of Columbia Water and Sewer Authority or his or her designee.

Meter - Includes any device which is used to measure the amount of water utilized by consumers.

Occupant - any individual, corporation, association or partnership who holds or possesses a premises in subordination to the title of the owner of the premises, with the consent of the owner.

Owner - any individual, corporation, association, or partnership listed as the legal title holder of record.

Petitioner - an owner, occupant, owner’s agent, applicant for certification to test backflow preventers or a holder of a certificate to test backflow preventers.

Practicable - For purposes of Section 430, a finding made by the General Manager that it is feasible to individually meter each apartment on the premises, or that there exists a tenant group or association that meets DC Water’s requirements.

Privately owned water meter - meter required to be installed, at no cost to DC Water, for the measurement of water supplied and used by commercial and industrial users or by premises with three (3) or more separate dwelling units.

Single family home - means a housing unit designed and maintained for occupancy by only one family.

Tenant - any person who holds or possesses a habitation in subordination to the title of the owner of the premises in which the habitation is located, with the consent of the owner.

History

SOURCE: Final Rulemaking published at 40 DCR 1300, 1329 (February 12, 1993); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999); as amended by Final Rulemaking published at 48 DCR 1743 (February 23, 2001); as amended by Final Rulemaking published at 68 DCR 013611 (December 17, 2021).

21-5 WATER QUALITY AND POLLUTION

21 DCMR § 500 GENERAL PROVISIONS

500.1 The provisions of this chapter shall be applicable to all sources of pollution affecting the Anacostia and Potomac Rivers and their tributaries within the District of Columbia (the District) including pollution carried by stormwater runoff, discharges from barges and other vessels, and domestic and industrial waste.

500.2 An activity which this chapter regulates shall be consistent with the purposes of this chapter.

500.3 The purposes of this chapter are:

To prevent and control the pollution of the Potomac River and its tributaries, and the waters of the District;

To regulate land-disturbing activities for the protection of District waterbodies;

To regulate major substantial improvement activities for the protection of District waterbodies;

To prevent accelerated soil erosion and sedimentation;

To prevent sediment deposit in the Potomac River and its tributaries, including the District sewer system; and

To control health hazards due to pollution of the Potomac River and its tributaries.

500.4 No person may commence an activity that this chapter regulates without obtaining an approval that this chapter requires.

500.5 A person’s compliance with this chapter shall not relieve a person of responsibility for damage to a person or property.

500.6 No Department action under this chapter shall impose liability upon the District of Columbia for damage to a person or property.

500.7 A person who is regulated under this chapter may authorize an agent to act for that person; however, authorizing an agent does not change or eliminate that person’s duty, responsibility, or liability.

500.8 The Department may approve alternative media, including electronic media, for a document that this chapter requires to be submitted in Mylar, paper, or other specific media:

If the alternative method will likely be as reliable for the Department’s use and less expensive for an applicant; or

Upon good cause shown.

500.9 An infiltration test does not require Departmental approval for groundwater quality protection provided that:

No test shall go to a depth of greater than fifteen (15) feet below the ground surface;

If a person conducting the testing smells or sees soil or groundwater contamination in the area of a test during or after the test, the boring or other hole made for the test shall be filled in accordance with best practices for wellhead protection, unless it is determined as a result of laboratory analysis that the groundwater or soil is not contaminated, as defined in the District of Columbia Brownfield Revitalization Amendment Act of 2000, effective June 13, 2001, as amended (D.C. Law 13-312; D.C. Official Code §§ 8-631 et seq) or the Underground Storage Tank regulations at 20 DCMR Chapter 62; and

A Professional Engineer licensed in the District of Columbia shall certify the infiltration rate and that the test was carried out in compliance with this section and accepted professional standards.

500.10 Except as otherwise provided in this chapter, all submittals to the Department shall be made through the Department’s submittal database, which is available on the Department’s website from any device with an internet connection. Instructions for submittal of any printed plans required by this chapter will be provided on the Department’s website, https://doee.dc.gov, or through the Department’s submittal database.

500.11 A person shall not create or use a submittal database account associated with:

The name or email address of another person; or

An email address shared with one or more other people.

History

SOURCE: 8 DCRR §§ 8-2:801 and 8-2:803, Health Regulations (1965 Edition); as amended by Section 2 of the Soil Erosion and Sedimentation Control Act of 1977 (D.C. Law 2-23; 24 DCR 792 (July 22, 1977)); as amended by Final Rulemaking published at 35 DCR 21 (January 1, 1988); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013); as amended by Final Rulemaking published at 67 DCR 818 (January 31, 2020); as amended by Final Rulemaking published at 72 DCR 012101 (October 31, 2025). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 500

21 DCMR § 501 FEES

501.1 Each year, the fees in this section shall increase by the percentage, if any, by which the Urban Consumer Price Index for June of the calendar year exceeds the Urban Consumer Price Index for June of the previous year. Each inflation adjustment shall be posted to the Department’s website. The fee rates shown in this section went into effect on March 11, 2022, based on the Urban Consumer Price Index for June of 2021.

501.2 An applicant shall pay supplemental and revision review fees as follows:

An applicant shall pay a supplemental review fee for each Department review after the review for the first resubmission of a plan, and the fee shall be paid before a building permit may be issued, except that a supplemental review fee for a review specified for a design phase under the Maximum Extent Practicable (MEP) process described in the Department’s Stormwater Management Guidebook (SWMG) shall not be required for a project or portion of a project entirely in the existing public right-of-way (PROW); and

An applicant shall pay a revision review fee for each Department review for a revised submittal after the Department’s approval of a plan. The fee shall be paid following the Department’s review. If the Department determines that the applicant’s submittal is a new plan instead of a revision to an approved plan, the applicant shall pay an initial, final, or supplemental review fee as appropriate. A submittal is a new plan if, relative to the approved plan, it involves:

Changes to the number, type, or location of stormwater management practices;

Changes to the number, type, or location of Green Area Ratio landscape elements;

Changes to the size or location of a project; or

Other substantial changes to the project design.

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 (as of March 11, 2022)

Payment Type

Payment Requirement

Fees by Land Disturbance Type

Residential

All Other

≥ 50 ft2 and

< 500 ft2

≥ 50 ft2 and

< 5,000 ft2

≥ 5,000 ft2

Initial

Due upon filing for building permit

$55.20

$480.26

$1,181.32

Final

Due before building permit is issued

n/a

$0.17 per 100 ft2

• Clearing and grading > 5,000 ft2

• Excavation base fee

n/a

$480.26

• Excavation > 66 yd3

$0.11 per yd3

• Filling > 66 yd3

$0.11 per yd3

Supplemental

Due before building permit is issued

$110.40

$1,104.04

Revision

Due upon review

$55.20

$552.02

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:

Table 2. Fees for Stormwater Management Plan Review (as of March 11, 2022)

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

$3,643.32

$6,734.62

Final

Due before building permit is issued

$1,656.06

$2,649.69

Supplemental

Due before building permit is issued

$1,104.04

$2,208.07

Revision

Due upon review

$552.02

$1,104.04

501.5 A person requesting a service from the Department that is listed in Table 3 shall pay the corresponding fee before:

Receiving the service from the Department, if a building permit is not required; or

The building permit is issued, if a building permit is required.

501.6 In Table 3, the applicant’s corresponding fee:

Is required for Department review of a Stormwater Pollution Prevention Plan if the site is regulated under the Construction General Permit issued by Region III of the United States Environmental Protection Agency; and

Is not required for Department review of an application for relief from extraordinarily difficult site conditions for a plan to construct a single-family or two (2) family house as affordable housing pursuant to § 518.14.

Table 3. Fees for Additional Services (as of March 11, 2022)

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

$165.61

Geotechnical report review

$77.28 per hour

Pre-development review meeting

No charge for first hour

$77.28 per additional hour

After-hours inspection fee

$55.20 per hour

Stormwater Pollution Prevention Plan review

$1,214.44

Dewatering pollution reduction plan review

$1,214.44

$2,318.48

Application for relief from extraordinarily difficult site conditions

$552.02

$1,104.04

501.7 An applicant for Department approval of an 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, except that:

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

A person who has paid each applicable fee to the Department for its review of an 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 (as of March 11, 2022)

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

$634.82

$938.43

Final

Due before building permit is issued

$138.00

$220.81

Supplemental

Due before building permit is issued

$552.02

Revision

Due upon review

$276.01

501.8 A person who requires Departmental approval of an as-built SWMP for SRC certification for a BMP or land cover for which a plan review fee has not been paid to the Department shall pay each applicable fee for initial and final SWMP review in Table 4.

501.9 A person who requires the Department’s review of a proposed or as-built SWMP solely for the purpose of applying for a stormwater fee discount under this chapter shall not be required to pay a plan review fee to the Department for that project, except that a person who subsequently applies for SRC certification for the same project shall pay each applicable fee for initial and final plan review before the Department will consider the application for SRC certification.

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 (as of March 11, 2022)

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

$1214.44

$2,244.87

Final

Due before building permit is issued

$552.02

$883.23

Supplemental

For reviews after first resubmission

$368.01

$736.02

Revision

Due upon review

$184.05

$368.01

501.11 The in-lieu fee (as of March 11, 2022) shall be three dollars and eighty-six cents ($3.86) per year for each gallon of Off-Site Retention Volume (Offv), and the Department shall use these fees to construct green infrastructure, as follows:

In-lieu fees paid for regulated projects in the Green Combined Sewer System (CSS) area shall be used to fund projects in the Green CSS area; and

In-lieu fees paid for regulated projects in combined sewersheds shall not be used to fund projects that are located in the Gray CSS area.

501.12 The administrative late fee for an in-lieu fee payment shall be ten percent (10%) of the late payment.

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

Table 6. Fees for Printed Resources (as of March 11, 2022)

Paper Copies of Documents

Cost

District Standards and Specifications for Soil Erosion and Sediment Control

$55.20

District Stormwater Management Guidebook

$96.51

District Erosion and Sediment Control Standard Notes and Details (24 in x 36 in)

$27.60

District Erosion and Sediment Control Manual

$46.04

District Erosion and Sediment Control Field Handbook

$27.60

501.14 If a project that consists entirely of single- and two (2) family affordable houses is eligible for consideration under the practicable process described in § 518.14 or satisfies less than fifty percent (50%) of the Stormwater Retention Volume (SWRv) requirement on-site as described in §§ 520.4(a)(2) or 522.5(a)(2), then the applicant for Department approval of an SWMP shall pay the reduced fees in Table 7 for Department services at the indicated time, as applicable, except that:

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 7 for the same project; and

A person who has paid each applicable fee to the Department for its review of an SWMP shall not be required to pay a review fee in Table 7 for the same project:

Table 7. Reduced Fees for Stormwater Management Plan Review (as of March 11, 2022)

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

$2,732.49

$5,050.97

Final

Due before building permit is issued

$1,242.04

$1,987.27

Supplemental

Due before building permit is issued

$828.03

$1,656.06

Revision

Due upon review

$414.02

$828.03

501.15 If a person chooses to pay a fee in this chapter through an online payment platform, the fee shall be two and thirty-six hundredths percent (2.36%) higher.

History

SOURCE: 8 DCRR § 8-2:803 and 8-2:804, Health Regulations (1965 Edition); Section 2 of the Soil Erosion and Sedimentation Control Act of 1977 (D.C. Law 2-23; 24 DCR 792 (July 22, 1977)); as amended by Final Rulemaking published at 36 DCR 3858 (June 2, 1989); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013); as amended by Final Rulemaking published at 61 DCR 12468 (December 5, 2014); as amended by Final Rulemaking published at 63 DCR 285 (January 8, 2016); as corrected by Errata Notice published at 63 DCR 1030 (January 29, 2016); as amended by Final Rulemaking published at 64 DCR 3794 (April 21, 2017); as amended by Final Rulemaking published at 67 DCR 818 (January 31, 2020) as amended by Final Rulemaking published at 69 DCR 001858 (March 11, 2022); as amended by Final Rulemaking published at 72 DCR 012101 (October 31, 2025). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 501

21 DCMR § 502 DUTY TO COMPLY

502.1 A person who engages in an activity that this chapter regulates shall comply with the provisions of this chapter.

502.2 A person shall conduct all work in accordance with each submittal approved by the Department, including each plan and approved change.

502.3 Each provision of an approved plan shall be complied with as a distinct provision of this chapter.

502.4 A person shall promptly notify the Department of an actual or likely material change in the performance provided for in an approved SWMP, including a material change in the volume of stormwater flowing into a Best Management Practice (BMP), a shared BMP, or a land cover.

502.5 A person shall undertake a reasonable inquiry to confirm that the facts stated and calculations made are true and correct for each communication with the Department under this chapter.

502.6 No person shall negligently, recklessly, or knowingly make a false statement in a communication with the Department.

History

SOURCE: 8 DCRR § 8-2:804, Health Regulations (1965 Edition); as amended by Section 2 of the Soil Erosion and Sedimentation Control Act of 1977 (D.C. Law 2-23; 24 DCR 792 (July 22, 1977)), as amended by Final Rulemaking published at 35 DCR 7692 (October 21, 1988); as amended by Final Rulemaking published at 35 DCR 8552 (December 9, 1988); as amended by § 4(b) of the Soil Erosion and Sedimentation Control Amendment Act of 1994 (D.C. Law 10-166, 41 DCR 4892, 4893 (July 22, 1994)); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 502

21 DCMR § 503 INSPECTIONS, NOTICES OF WORK, AND APPROVALS OF CHANGES

503.1 The Department may conduct an inspection of an activity regulated under this chapter, including emergency work that may otherwise be exempt, to ensure compliance with this chapter.

503.2 The Department may require a change to an approved plan if the Department determines that a discrepancy between site conditions and the approved plan makes the plan inadequate to comply with the requirements of this chapter.

503.3 A person may not change an approved plan or its implementation without Department approval, as follows:

(a) If the change is substantial, the person shall resubmit the revised plan to the Department for approval in accordance with this chapter; and

(b) If the change is not substantial, the person may secure written approval from the Department in the field or at the Department’s office.

503.4 For the purposes of this chapter, a substantial change in an approved plan is a change in design, specification, construction, operation, or maintenance that the Department determines:

(a) May result in a failure to comply with a requirement of this chapter; or

(b) Has a significant effect on the discharge of pollutants to the District’s waters.

503.5 The Department may require an additional inspection at a particular stage of construction by specifying that requirement in:

(a) The approved plan;

The preconstruction inspection report; or

The Department’s report of the preconstruction meeting.

503.6 No person may proceed with work past a stage of construction that the Department has identified as requiring an inspection unless:

The Department’s inspector has issued an “approved” or “passed” report;

The Department has approved a plan modification that eliminates the inspection requirement; or

The Department otherwise eliminates or modifies the inspection requirement in writing.

503.7 A person shall communicate with the Department:

(a) In order to schedule a preconstruction meeting or field visit before commencement of a land-disturbing activity, contact the Department at least three (3) business days before the start of the land-disturbing activity;

(b) In order to schedule a preconstruction inspection before beginning construction of a Best Management Practice (BMP), contact the Department at least three (3) business days before the start of the construction;

In order to schedule an inspection required for a stage of construction or other construction event, contact the Department at least three (3) business days before the anticipated inspection;

(d) For the completion of a land-disturbing activity, give notice to the Department within two (2) weeks of completion of the activity; and

(e) For the completion of a BMP, and to request a final construction inspection, give the Department one (1) week’s notice.

503.8 The Department shall make reasonable efforts to accommodate a request for inspection outside of the Department’s normal business hours if the request:

Is made during the Department’s normal business hours;

Includes the information the Department requires, including the matters to be inspected, the location of the site work to be inspected, and details for site access; and

503.9 The Department shall determine whether work, construction, and maintenance complies with each approved plan, including conducting a final construction inspection and ongoing maintenance inspections of each BMP, land cover, and the site.

503.10 The Department may require inspections, on a periodic or as-needed basis, of a BMP, land cover, and the site to ensure that maintenance is sufficient to achieve performance or eligibility requirements and to avoid harm to the environment or public health.

503.11 A person shall allow the Department, upon presentation of Department credentials, to:

(a) Enter premises where a practice, measure, or activity subject to this chapter is located or conducted, or where required records are kept, including locations where a retention BMP or land cover is voluntarily installed to generate a Stormwater Retention Credit or receive a stormwater fee discount;

(b) Access and copy a required record;

(c) Inspect a site, practice, measure, or activity subject to this chapter, including to verify sufficient maintenance; and

(d) Conduct sampling, testing, monitoring, or analysis.

503.12 The Department may require as a precondition to its approval of an inspection that the applicant:

(a) Make available to the Department for the purposes of the inspection on site, or at the Department’s offices, the professional engineer responsible for certifying the "as-built" plans; and

(b) Secure the seal and signature of this professional engineer certifying that the as-built plans comply with this chapter.

503.13 Upon notice, a person shall promptly correct work which the Department has found fails to comply with an approved plan.

503.14 The Department shall not approve the issuance of a certificate of occupancy for a building until the Department has determined that the approved stormwater management plan for the building site has been implemented for:

On-site stormwater management; and

(b) Required off-site retention.

History

SOURCE: 8 DCRR § 8-2:804, Health Regulations (1965 Edition); as amended by Section 2 of the Soil Erosion and Sedimentation Control Act of 1977 (D.C. Law 2-23; 24 DCR 792 (July 22, 1977)); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 503

21 DCMR § 504 STOP WORK ORDERS

504.1 Upon notice from the Department that it has determined that one (1) or more of the following conditions exists, a person shall stop identified work immediately until the situation is corrected:

Noncompliance with a notice that requires corrective action;

Material false statement or misrepresentation of fact in an application that the Department approved for the project;

During the project, the license of a contractor or subcontractor is void, has expired, or has been suspended or revoked;

Work involving an activity regulated under this chapter is being conducted:

(1) In violation of a provision of this chapter;

(2) In an unsafe manner; or

(3) In a manner that poses a threat to the public health or the environment.

504.2 A stop work order shall:

(a) Have immediate effect;

Be issued in writing; and

(1) The person who has received an approval under this chapter;

(2) The person doing the work; or

(3) The person on site who is responsible for the work.

504.3 The stop work order shall identify the:

Address and location of the work;

Corrective action or cessation required;

(d) Reason for the order;

Person issuing the order, including telephone contact, and, if available, email or other electronic means of address; and

Steps to be taken to challenge or appeal the order.

504.4 The Department shall:

Post the stop work order at the property; and

Send the stop work order in a manner likely to ensure receipt, including first-class mail, fax with return receipt, email with return read receipt, or hand-delivery with certification of service.

504.5 No person shall remove a stop work order posted at a site without the Department’s written approval.

504.6 A person who continues work stopped by an order shall be in violation of this chapter for each day on which work is conducted, except for work:

Required immediately to stabilize the activity and place the property in a safe and secure condition;

(b) That the Department orders; or

History

SOURCE: 8 DCRR § 8-2:805, Health Regulations (1965 Edition); as amended by Section 2 of the Soil Erosion and Sedimentation Control Act of 1977 (D.C. Law 2-23; 24 DCR 792 (July 22, 1977)); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013); as amended by Final Rulemaking published at 72 DCR 012101 (October 31, 2025). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 504

21 DCMR § 505 VIOLATIONS AND ENFORCEMENT PROCEDURES

505.1 Each instance or day of a violation of each provision of this chapter shall be a separate violation.

505.2 Each separate violation of each provision may be subject to:

A criminal fine and penalty, including imprisonment, and costs; and

Either:

(1) A judicial civil penalty, order for corrective action, and order for damages and related costs, expenses, and fees; or

(2) An administrative civil fine, penalty, suspension of an approval, suspension of a permit, corrective action, order to comply with this chapter, and order for related costs, expenses, and fees.

505.3 The District may seek criminal prosecution if a person violates a provision of this chapter pursuant to:

The Water Pollution Control Act of 1984 (WPCA), effective March 16, 1985, as amended (D.C. Law 5-188; D.C. Official Code § 8-103.16 (2008 Repl. & 2012 Supp.)); and

(b) 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, as amended (D.C. Law 10-166; 41 DCR 4892; 21 DCMR §§ 500-15).

505.4 The District may bring a civil action in the Superior Court of the District of Columbia or any other court of competent jurisdiction, for civil penalties, damages, and injunctive or other appropriate relief pursuant to D.C. Official Code §§ 8-103.17(d) and 8-103.18.

505.5 As an alternative to a civil action, the Department may impose an administrative civil fine, penalty, fee, and order for costs and expenses by following the procedures of Titles I-III of 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 et seq. (2007 Repl. & 2012 Supp.)) (Civil Infractions Act), except that each reference in the Civil Infractions Act to an administrative law judge (ALJ) shall mean an ALJ of the Office of Administrative Hearings (OAH) established pursuant to the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002, as amended (D.C. Law 14-76; D.C. Official Code, §§ 2-1831.01 et seq. (2007 Repl. & 2012 Supp.)).

505.6 Except when otherwise required by statute, an administrative civil fine shall be calculated according to the schedule of fines for violations of this chapter that has been approved pursuant to the Civil Infractions Act, D.C. Official Code

§ 2-1801.04.

505.7 Administrative adjudication of a civil violation of a provision of this chapter shall be conducted by OAH, pursuant to its rules and procedures.

505.8 An administrative adjudicator of a civil violation of a provision of this Chapter shall have the same power, authority, and jurisdiction with respect to the matter before it as does the Department.

505.9 Neither a criminal prosecution nor the imposition of a civil fine or penalty shall preclude an administrative or judicial civil action for injunctive relief or damages, including an action to prevent unlawful construction or to restrain, correct, or abate a violation on or about any premises, or to recover costs, fees, or money damages, except that a person shall not, for the same violation of the WPCA, be assessed a civil fine and penalty through both the judicial and the administrative processes.

505.10 With respect to a violation of a provision of this chapter, the Department may also pursue and obtain an internal remedy by:

(a) Advising a person of a violation through the use of a DDOE internal Notice of Violation; and

(b) Issuing and addressing a violation through the use of a DDOE internal Notice of Infraction.

505.11 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.

History

SOURCE: 8 DCRR § 8-2:806, Health Regulations (1965 Edition); as amended by Section 2 of the Soil Erosion and Sedimentation Control Act of 1977 (D.C. Law 2-23; 24 DCR 792 (July 22, 1977)); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 505

21 DCMR § 506 ADMINISTRATIVE APPEALS AND JUDICIAL REVIEW

506.1 With respect to a matter governed by 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, as amended (D.C. Law 14-76; D.C. Official Code, §§ 2-1831.01 et seq. (2007 Repl. & 2012 Supp.)), or OAH’s successor.

506.2 For the purposes of this chapter, an action of the Department taken with respect to a person shall include:

(a) Signed settlement of an internal Notice of Infraction (NOI);

(b) Approval;

(d) Compliance order;

(e) NOI;

(f) Determination;

(g) Cease and desist order;

(h) Stop work order;

(i) Order to show cause; or

(j) Other action of the Department which constitutes the consummation of the Department’s decision-making process and is determinative of a person’s rights or obligations.

For the purposes of this chapter, a DDOE internal Notice of Violation or NOI:

Shall not be an action of the Department that a person may appeal to OAH;

Shall be responded to within fifteen (15) calendar days of service of the notice, including a written statement containing the grounds, if any, for opposition; and

Shall not constitute a waiver of compliance or tolling of a period for a fine or penalty.

506.4 If a person fails to agree to or settle an internal NOI or otherwise denies a claim stated in an internal NOI:

The Department may cancel the internal NOI and file an NOI for adjudication with OAH; or

The person may request adjudication by OAH.

506.5 A person aggrieved by an action of the Department shall file a written appeal with OAH within the following time period:

Within fifteen (15) calendar days of service of the notice of the action; or

(b) Another period of time stated specifically in the section for an identified Department action.

506.6 Notwithstanding another provision of this section, the Department may toll a period for filing an administrative appeal with OAH if it does so explicitly in writing before the period expires.

506.7 OAH shall:

(a) Resolve an appeal or an NOI 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

506.8 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.

506.9 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.

506.10 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:

To the Department when a party challenges the Department’s suspension, revocation, or termination of a:

License;

Permit;

Continuation of an approval; or

Other right;

To the party who asserts an affirmative defense; and

To the party who asserts an exception to the requirements or prohibitions of a statute or rule.

506.11 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.

506.12 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.

506.13 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.

506.14 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.

History

SOURCE: 8 DCRR § 8-2:804, Health Regulations (1965 Edition); as amended by Section 2 of the Soil Erosion and Sedimentation Control Act of 1977 (D.C. Law 2-23; 24 DCR 792 (July 22, 1977)); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 506

21 DCMR § 507 PUBLIC HEALTH HAZARDS

507.1 The Mayor may post notice on the shores of a District waterbody of a related hazard to public health or safety.

507.2 Upon determination that a direct or indirect contact with a waterbody of the District, including immersion, fishing, or boating, poses a hazard to the public health or safety, the Department may take action deemed necessary to protect the public health until the hazard has ended, including a prohibition of all recreational activities on the affected waters of the District.

507.3 If the Department takes action to protect the public health from a hazard, the Department shall:

Notify the Council of the District of Columbia immediately of the action; and

Notify the public through media most likely to effectively advise of the hazard, including:

Newspapers of general circulation in the District;

Radio stations serving the District; and

(3) Electronic media.

507.4 An action taken by the Department to protect public health from a hazard shall remain in effect until rescinded, or for a period of two (2) weeks, whichever is shorter.

507.5 The Department may extend the life of an action taken to protect public health from a hazard beyond a two (2) week period, only if the Council of the District of Columbia, by resolution, so approves.

507.6 From District waters designated as a public health hazard, no person shall operate any pumping device or water vessel so as to generate a spray which falls upon the adjacent shore, except as authorized by the Mayor for good cause shown.

History

SOURCE: 8 DCRR § 8-2:804, Health Regulations (1965 Edition); as amended by Section 2 of the Soil Erosion and Sedimentation Control Act of 1977 (D.C. Law 2-23; 24 DCR 792 (July 22, 1977)); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 507

21 DCMR § 508 PREVENTION OF POLLUTION BY WATERCRAFT

508.1 The discharge into the Potomac River or its tributaries of any waste, whether liquid or solid, treated or untreated, from any vessel berthed at a marina, dock, or basin, is prohibited.

508.2 Each marina, dock, or basin where a vessel or other watercraft is berthed, except for facilities that are owned by the United States Department of Defense and not generally open to the public, shall be provided with water closets, urinals, and lavatories which are separate for each sex, readily available, and in sufficient numbers to meet the needs of persons using the marina facilities.

508.3 Each marina, dock, or basin where vessels or other watercraft suitable for overnight accommodations are berthed shall be equipped with suitable bathing facilities.

508.4 The Department shall approve the facilities required under this section to be acceptable for the purposes set forth.

508.5 New or existing marinas within the Anacostia Waterfront Development Zone shall comply with the program elements outlined in the current version of the Clean Marina Guidebook issued by the National Park Service, and the owner of the marina shall submit a copy of its Clean Marina Checklist and any supporting documentation to the Department.

History

SOURCE: 8 DCRR §§8.2:808 and 8-2:810, Health Regulations (1965 Edition); as amended by Section 2 of the Water Quality Standard Approval Act of 1977 (D.C. Law 2-68; 24 DCR 6809 (February 17, 1978)); as amended by § 22 of the Water Pollution Control Act of 1984 (D.C. Law 5-188, 32 DCR 919 (February 15, 1985)); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 508

21 DCMR § 509 CORRECTION OF CURRENT EROSION PROBLEMS

509.1 In instances where erosion is occurring as the result of natural forces or past land-disturbing activities, but in the absence of current land-disturbing activities, the Department shall have the authority to inspect the site and to order the property owner to correct the erosion problem.

509.2 Each order to correct existing problems shall specify the general corrective measures to be applied.

509.3 The Department shall maintain and provide to homeowners who are required to correct erosion problems information relating to possible sources of financial assistance for the project.

History

SOURCE: 8 DCRR § 8.2:809, Health Regulations (1965 Edition); as amended by Section 2 of the Water Quality Standard Act of 1977 (D.C Law 2-68, 24 DCR 6809 (February 17, 1978)); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 509

21 DCMR § 510 [RESERVED]

History

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

21 DCMR § 511 [RESERVED]

History

SOURCE: Section 2 of Water Quality Standard Approval Act of 1977, D.C. Law 2.68, 24 DCR 6809 (February 17 1978); 8 DCRR §8-2.811, Health Regulations (1965 Edition); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013).

21 DCMR § 512 [RESERVED]

History

SOURCE: Section 2 of Water Quality Standard Approval Act of 1977, D.C. Law 2.68, 24 DCR 6809 (February 17 1978); 8 DCRR §8-2.811, Health Regulations (1965 Edition); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013).

21 DCMR § 513 [RESERVED]

History

SOURCE: Section 2 of Water Quality Standard Approval Act of 1977, D.C. Law 2.68, 24 DCR 6809 (February 17 1978); 8 DCRR §8-2.811, Health Regulations (1965 Edition); as amended by the Water Pollution Control Act of 1984 (D.C. Law 5-188, §8-2:813, 32 DCR 919 (February 15, 1985)); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013).

21 DCMR § 514 [RESERVED]

History

SOURCE: : § 2 of the Soil Erosion and Sedimentation Control Act of 1977 (D.C. Law 2-23; § 8.2:808, 24 DCR 792 (July 22, 1977)); as amended by § 9 of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985 Technical and Clarifying Amendments Act of 1990 (D.C. Law 8-237; §8-2 808, 38 DCR 314, 320 (January 11, 1991)); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013).

21 DCMR § 515 [RESERVED]

History

SOURCE: : § 2 of the Soil Erosion and Sedimentation Control Act of 1977 (D.C. Law 2-23; § 8.2:808, 24 DCR 792 (July 22, 1977)); as amended by § 9 of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985 Technical and Clarifying Amendments Act of 1990 (D.C. Law 8-237; §8-2 808, 38 DCR 314, 320 (January 11, 1991)); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013).

21 DCMR § 516 STORMWATER MANAGEMENT: APPLICABILITY

516.1 No person shall engage in a major regulated project unless the Department has issued an approved stormwater management plan (SWMP) for the project.

Application for Department approval of a SWMP for a major regulated project shall be made by at least one (1) of the following persons:

The owner of a property on which a major regulated project is planned;

The lessee who undertakes a major regulated project, with the owner’s permission, on a property that the lessee has leased; or

The agent of the owner or lessee.

516.3 In preparing and implementing a SWMP, or a part of a SWMP, a person must comply with:

This chapter;

The terms and conditions of the SWMP once approved; and

The Department’s orders and directions to achieve compliance with the approved SWMP.

516.4 A major regulated project shall comply with the requirements and procedures of this chapter unless a provision exempts compliance.

516.5 The owner of a site on which a major regulated project occurs and each person to whom the owner has designated responsibility for management of the site shall ensure that the site complies with the approved SWMP for the site until site redevelopment that follows a Department-approved SWMP occurs.

516.6 Responsibility for compliance with an approved SWMP for a site shall pass to a subsequent owner of the site and each person to whom that owner designates responsibility for the management of the site until site redevelopment that follows a Department-approved SWMP occurs.

516.7 No person shall engage in a project for the generation of a Stormwater Retention Credit unless the Department has issued an approved SWMP for the project, except as otherwise provided in this chapter.

History

SOURCE: Final Rulemaking published at 60 DCR 10640 (July 19, 2013). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 516

21 DCMR § 517 STORMWATER MANAGEMENT: EXEMPTIONS

517.1 If a major substantial improvement activity demonstrates that it is not part of a common plan of development with a major land-disturbing activity, then it is exempt from § 520 (Stormwater Management: Performance Requirements For Major Land-Disturbing Activity).

517.2 A land-disturbing or substantial improvement activity shall be exempt from the requirements of §§ 520 (Stormwater Management: Performance Requirements For Major Land-Disturbing Activity), 522 (Stormwater Management: Performance Requirements For Major Substantial Improvement Activity), and 529 (Stormwater Management: Covenants and Easements) if the Department determines that the activity is conducted solely to install a Best Management Practice (BMP) or land cover that retains stormwater for one (1) or more of the following purposes:

To generate Stormwater Retention Credits (SRCs);

To earn a stormwater fee discount under the provisions of this chapter;

To voluntarily reduce stormwater runoff in a manner that would be eligible to either generate SRCs or a stormwater fee discount, even if the person conducting the activity does not intend to apply to either program;

To provide for off-site retention through in-lieu fee payments;

To comply with a Watershed Implementation Plan established under a Total Maximum Daily Load for the Chesapeake Bay; or

To reduce Combined Sewer Overflows (CSOs) in compliance with a court-approved consent decree, including court-approved modifications, for reducing CSOs in the District, or in compliance with a National Pollutant Discharge Elimination System permit.

517.3 A land-disturbing activity that consists solely of cutting a trench for utility work and related replacement of sidewalks and ramps is exempt from the stormwater management requirements of this chapter if it does not involve the reconstruction of a roadway from curb to curb or curb to centerline of roadway.

517.4 Land disturbance conducted solely to respond to an emergency need to protect life, limb, or property or to conduct emergency repairs shall be exempt from the requirement to comply with the stormwater management provisions of §§ 516-533 of this chapter.

517.5 For the purpose of calculating the cost of a major substantial improvement to a building or structure, an applicant:

Shall include the cost to replace infrastructure commonly found in a building or structure, such as mechanical, electrical, and plumbing equipment, which includes the boilers and furnaces that are part of the heating and cooling system; and

May exclude the cost to install solar energy generation and replace manufacturing and industrial equipment, including pumps, valve chambers, and wastewater treatment facilities.

517.6 A land-disturbing activity in the existing Public Right-of-Way (PROW) is exempt from the requirements in § 520 (Performance Requirements for Major Land-Disturbing Activity) for maintaining post-development peak discharge rates.

517.7 The portion of a land-disturbing activity that consists of the installation or replacement of athletic playing fields, permeable athletic tracks, or permeable playground surfaces shall be exempt from the stormwater management requirements of this chapter, provided that:

The land-disturbing activity complies with the post-development peak discharge performance requirements for major land-disturbing activities as documented on:

A soil erosion and sediment control plan approved by the Department that shows the project is designed according to the drainage layer and orifice sizing specifications described in the Department’s Stormwater Management Guidebook (SWMG); or

A Stormwater Management Plan (SWMP) approved by the Department;

The pre-project land cover is compacted cover or impervious cover;

The athletic playing field, permeable athletic track, or permeable playground surface is located at a school or public park and is made available for use by the general public; and

If the athletic playing field, permeable athletic track, or permeable playground surface drains to a BMP, any gallon retained by the BMP shall only be eligible for SRC certification if the gallon is retained in excess of the stormwater retention and treatment performance requirements of this chapter for the area that is otherwise exempt pursuant to this subsection.

History

SOURCE: Final Rulemaking published at 35 DCR 21 (January 1, 1988); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013); as amended by Final Rulemaking published at 67 DCR 818 (January 31, 2020); as amended by Final Rulemaking published at 72 DCR 012101 (October 31, 2025). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 517

21 DCMR § 518 STORMWATER MANAGEMENT: PLAN REVIEW PROCESS

518.1 In order for the Department to approve a person’s proposed stormwater management plan (SWMP), the person and the Department shall undertake the process described in this section.

518.2 The Department shall notify an applicant of each determination in the plan review process.

518.3 The owner of a site shall submit an initial application for the Department’s approval of a major regulated project in accordance with § 500.10, including:

One (1) electronic set of the SWMP, certified by a professional engineer licensed in the District of Columbia;

Each supporting document specified in the Department’s SWMG; and

If requested by the Department, one (1) paper set of the SWMP, certified by a professional engineer licensed in the District of Columbia.

518.4 The Department shall make an initial determination if an application is complete and:

(a) Accept the application for review;

(b) Accept the application for review, with conditions; or

518.5 Upon accepting an application for review, the Department shall determine if:

The application requires additional information to determine whether or not it meets the requirements for approval;

(b) The application meets the requirements for approval;

(d) The application does not meet the requirements for approval and shall be disapproved, without prejudice to re-submission.

518.6 If the applicant resubmits a SWMP after making changes, the re-submission shall contain a list of the changes made.

518.7 The Department may conduct one (1) or more supplemental reviews of a re-submitted application.

518.8 After receiving notification that an application meets the requirements for the Department’s approval, the applicant shall submit a final preconstruction application to the Department’s submittal database in accordance with § 500.10, including:

(a) The complete electronic SWMP, certified by a professional engineer licensed in the District of Columbia; and

(b) Each supporting document specified in the Department’s SWMG.

518.9 After the applicant submits a final preconstruction application that meets the requirements for the Department’s approval, the Department shall approve the plan electronically through the Department’s submittal database.

518.10 The Department shall provide the applicant with access to the approved plan in the Department’s submittal database after the applicant submits proof to the Department:

(a) That the declaration of covenants and each applicable easement has been filed at the Recorder of Deeds; and

(b) That each applicable fee for Department services has been paid.

518.11 The Department may provide the applicant with access to the approved plan in the Department’s submittal database before the declaration of covenants is filed if:

The Government of the District of Columbia has conditioned transfer of the property upon the successful acquisition of an approved SWMP or building permit; and

The declaration is to be filed at closing.

518.12 Within twenty-one (21) days of the Department’s final construction inspection, the applicant shall submit an as-built package to the Department’s submittal database, including:

(a) The complete as-built SWMP certified by a professional engineer licensed in the District of Columbia; and

(b) Each supporting document specified in the Department’s SWMG.

518.13 For a project consisting entirely of work in the public right of way, the requirement to submit an as-built SWMP can be met by the submission of a Record Drawing that:

Documents the as-built construction of best management practices and related stormwater infrastructure; and

(b) Is certified by an officer of the contracting company for the project.

518.14 For single-family or two-family houses constructed as affordable housing, the Department may approve a SWMP that does not achieve the stormwater management performance requirements of this chapter, provided that:

All of the following conditions are satisfied:

Land-disturbing activity on any single record lot or tax lot is less than five thousand square feet (5,000 ft2);

The applicant submits a request to the Department using the procedure for a request for relief from extraordinarily difficult site conditions, as described in § 526;

The Department reviews the request using the same procedure by which the Department reviews and makes determinations for relief from extraordinarily difficult site conditions, as described in § 526; and

The Department determines that the project takes all practicable steps to comply with the stormwater management performance requirements of this chapter; and

Within thirty (30) days of sale of the house that received SWMP approval pursuant to § 518.14, the purchaser shall provide proof to the Department that the purchaser’s household income is no greater than eighty percent (80%) of Area Median Income. If the owner fails to provide proof, the Department may require full compliance with the stormwater management performance requirements.

518.15 For structures at public parks and trails for non-motorized vehicles, the Department may approve a SWMP that does not achieve the stormwater management performance requirements of this chapter, provided that:

The pre-project land cover is impervious cover or compacted cover;

The area consists solely of:

Pavilions, sheds, dugouts, or similar structures located at public parks that are less than two thousand five hundred square feet (2,500 ft2) each and do not include typical building infrastructure to support year-round use; or

Trails for pedestrians or non-motorized vehicles for projects that do not consist of reconstruction of a roadway and its adjacent sidewalks;

The applicant submits to the Department with the SWMP:

A detailed explanation of each opportunity for on-site installation of a BMP that was considered and rejected, and the reason for each rejection;

Evidence of site conditions limiting each opportunity for a BMP, including, as applicable:

Data on soil and groundwater contamination;

Data from percolation testing;

Documentation of the presence of utilities requiring impermeable protection or a setback;

Evidence of the applicability of a statute, regulation, court order, pre-existing covenant, or other restriction having the force of law;

The usability of space to achieve the proposed project purpose;

Lack of the minimum CDA required for a BMP to be effective;

The difficulty of conducting BMP maintenance; and

Evidence of the sensitivity of receiving waterbody to stormwater runoff;

Evidence of the likelihood of runoff from the site to cause to erosion of land, transport of sediment, nuisance flooding; and

The Department determines that the project takes all practicable steps to comply with the stormwater management performance requirements of this chapter.

History

SOURCE: Final Rulemaking published at 35 DCR 21 (January 1, 1988); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013); as amended by Final Rulemaking published at 67 DCR 818 (January 31, 2020). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 518

21 DCMR § 519 STORMWATER MANAGEMENT: PLAN

519.1 A Department-approved stormwater management plan (SWMP) shall:

Govern all construction for which stormwater management is required;

Govern all applicable maintenance activities; and

Demonstrate compliance with this chapter.

519.2 A submitted SWMP and supporting documentation shall contain information sufficient for the Department to determine whether the SWMP complies with this chapter including:

Existing site conditions, including the identification and location of each existing Best Management Practice (BMP) and whether it will remain on the site and in use or will be removed;

Proposed site design;

Each land use proposed for the site;

Identification and location of each proposed BMP, including geographic coordinates;

Design and performance of each BMP for stormwater retention, detention, and treatment;

Conveyance capacity of stormwater infrastructure;

Environmental characteristics of the site;

Pre- and post-development hydrologic computations, including:

(1) Calculation of required stormwater management volume for:

The entire site; and

Each individual drainage area; and

(2) On-site and off-site retention volumes;

Maintenance plan and schedule for each proposed BMP;

Monitoring plan for each BMP that captures stormwater for use;

For each proposed BMP not included in the Department’s Stormwater Management Guidebook (SWMG):

(1) Separate identification and description; and

(2) Documentation of performance and effectiveness;

Construction sequence for:

(1) Each BMP; and

(2) The related development or improvement project, if any.

A list of the construction and waste material to be stored on site and a description of the material and each pollution control measure that will be implemented to minimize exposure to stormwater discharge, including:

Each storage practice;

A spill prevention response;

The United States Environmental Protection Agency (EPA) identification number, or copy of application to EPA for identification number, for each hazardous waste that will be stored on site; and

Proof of payment of each applicable fee.

519.3 The retention capacity of each BMP in a SWMP shall be calculated using the applicable equations for calculating retention value in Chapter three (3) of the Department’s Stormwater Management Guidebook.

519.4 The pollutant removal efficiency of each BMP in a SWMP shall be calculated using the applicable equation in Chapter three (3) of the Department’s SWMG.

519.5 The Department may require for each area that a project proposes for use to meet the requirements of this chapter, including a contiguous area or an area with a shared BMP:

Information listed in this section; or

A SWMP.

519.6 A submitted SWMP shall use:

(a) A standard drawing size of twenty-four inches by thirty-six inches (24 in. x 36 in);

(b) One (1) of the following horizontal scales of profile, unless otherwise approved:

One inch equals ten feet (1 in. = 10 ft.);

One inch equals twenty feet (1 in. = 20 ft.);

One inch equals thirty feet (1 in. = 30 ft.);

One inch equals forty feet (1 in. = 40 ft.);

One inch equals fifty feet (1 in. = 50 ft.); or

One inch equals eighty feet (1 in. = 80 ft.);

One (1) of the following vertical scales of profile, unless otherwise approved:

One inch equals two feet (1 in. = 2 ft.);

One inch equals four feet (1 in. = 4 ft.);

One inch equals five feet (1 in. = 5 ft.); or

One inch equals ten feet (1 in = 10 ft.); and

Drafting media that yield first or second generation reproducible drawings with a minimum letter size of No. 4 (1/8 inch).

519.7 A SWMP shall not be approved without the signature and seal of the Director or the Director’s designee on the plan.

519.8 For each as-built SWMP that an applicant submits to the Department, an applicant shall provide that a professional engineer licensed in the District of Columbia, certifies with seal and signature that:

The design, and installation for an as-built plan:

Conforms to engineering principles applicable to stormwater management; and

Complies with the requirements of this chapter; and

A set of instructions for operation and maintenance of each BMP has been provided to the applicant.

519.9 A SWMP for a project shall be consistent with all other permitting submittals to the District.

519.10 The approved SWMP for a major regulated project shall be available on site for Department review for the entire period of construction during ordinary business hours.

History

SOURCE: Final Rulemaking published at 35 DCR 21 (January 1, 1988); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013); as amended by Final Rulemaking published at 67 DCR 818 (January 31, 2020). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 519

21 DCMR § 520 STORMWATER MANAGEMENT: PERFORMANCE REQUIREMENTS FOR MAJOR LAND-DISTURBING ACTIVITY

520.1 A site that undergoes a major land-disturbing activity shall employ each Best Management Practice (BMP) and land cover necessary to meet the requirements of this section until site redevelopment that follows a Department-approved Stormwater Management Plan (SWMP) occurs.

520.2 For a site that undergoes a major land-disturbing activity, except the area of a site that is in the existing Public Right-of-Way (PROW), the property owner shall maintain the following:

Post-development peak discharge rate for a twenty-four (24) hour, two (2) year frequency storm event at a level that is equal to or less than the storm event’s pre-development peak discharge rate unless:

The Department provides a waiver, which shall be granted if:

The site retains less than fifty percent (50%) of the Stormwater Retention Volume (SWRv) requirement on-site in the Gray Combined Sewer System (Gray CSS) area from a drainage area that is not targeted for sewer separation as documented in capital improvement budgets; and

The property owner signs an agreement committing the project to use only High-Impact Stormwater Retention Credits (SRCs) to comply with its Off-Site Retention Volume (Offv) requirement pursuant to § 527; or

The site’s discharge:

Flows directly or through the separate sewer system to the main stem of the tidal Potomac or Anacostia Rivers, the Washington Channel, or the Chesapeake and Ohio Canal;

Does not flow into or through a tributary to those waterbodies that run above ground or for which the Department has created or received plans or documentation stating the waterbody will be daylighted to run above ground; and

Will not cause erosion of land or transport of sediment;

Post-development peak discharge rate for a twenty-four (24) hour, fifteen (15) year frequency storm event at a level that is equal to or less than the storm event’s pre-project peak discharge rate; and

Post-development peak discharge rate from a twenty-four (24) hour, one hundred (100) year storm event at a level that is equal to or less than the storm event’s pre-project peak discharge rate if the site:

Increases the size of a Special Flood Hazard Area as delineated on the effective Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map; or

Meets the following two (2) conditions:

Does not discharge to the sewer system; and

Has a post-development peak discharge rate for a one hundred (100) year storm event that will cause flooding to a building.

520.3 For a site that undergoes a major land-disturbing activity, the property owner shall retain the rainfall from a one and two-tenths (1.2) inch rainfall event, which is the ninetieth (90th) percentile rainfall event for the District of Columbia, measured for a twenty-four (24) hour rainfall event with a seventy-two (72) hour antecedent dry period by:

Employing each BMP necessary to retain the one and two-tenths (1.2) inch SWRv requirement, calculated as follows:

SWRv = P × [(RvN × N)+ (RvC × C) + (RvI × I) + (RvB × B)] × 7.48 /12

where:

SWRv = volume, in gallons, required to be retained,

P = 90th percentile rainfall event for the District (1.2 inches),

RvN = .00 (runoff coefficient for natural cover),

RvC = .25 (runoff coefficient for compacted cover),

RvI = .95 (runoff coefficient for impervious cover),

RvB = .95 (runoff coefficient for BMP cover),

N = post-development natural cover surface area,

C = post-development compacted cover surface area,

I = post-development impervious cover surface area,

B = post-development BMP cover surface area;

(b) Employing each post-development land cover factored into the SWRv requirement; and

(c) Calculating separately and complying with the SWRv requirement, with P equal to one and two-tenths (1.2) inches, for the portion of land-disturbing activity that is in the existing PROW, pursuant to § 521.

520.4 For a site that undergoes a major land-disturbing activity, the property owner may comply with the one and two-tenths (1.2) inch SWRv requirement on-site, off-site when not otherwise prohibited by this chapter, or through a combination of on-site retention and off-site retention, under the following conditions:

The site shall retain on-site a minimum of fifty percent (50%) of the one and two-tenths (1.2) inch SWRv requirement, calculated for the entire site, unless the Department:

Approves an application for relief from extraordinarily difficult site conditions; or

Provides a waiver, which shall be granted if:

The site drains into the Gray CSS from a drainage area that is not targeted for sewer separation as documented in capital improvement budgets; and

The property owner signs an agreement committing the project to use only High-Impact SRCs or Low-Impact Voluntary SRCs to comply with its Offv requirement pursuant to § 527; and

Pursuant to § 527, the property owner shall use off-site retention for any portion of the SWRv requirement that is not retained on-site.

520.5 For a site that undergoes a major land-disturbing activity, the property owner may comply with on-site retention requirements by retaining more than the one and two-tenths (1.2) inch SWRv requirement for an area of the site, subject to the following conditions:

Unless a Site Drainage Area (SDA) drains into the Combined Sewer System (CSS) or the Department approves an application for relief from extraordinarily difficult site conditions, the property owner shall comply with at least fifty percent (50%) of the one and two-tenths (1.2) inch SWRv requirement from the SDA through:

Retention; or

Treatment to remove eighty percent (80%) of total suspended solids;

Unless an SDA drains into the CSS or the Department approves an application for relief from extraordinarily difficult site conditions, the entirety of an area intended for use or storage of motor vehicles shall drain to each necessary BMP to comply with at least fifty percent (50%) of the one and two-tenths (1.2) inch SWRv requirement flowing from that entire area through retention or treatment;

Retention in excess of a one and two-tenths (1.2) inch SWRv requirement for one area of the site may be applied to the volume required for another area of the site;

Unless the Department approves an application for relief from extraordinarily difficult site conditions or waives the minimum on-site retention requirement pursuant to § 520.4(a)(2), the property owner shall comply with a minimum of fifty percent (50%) of the one and two-tenths (1.2) inch SWRv requirement for the entire site; and

Retention of volume greater than that from a one and seven-tenths (1.7) inch rainfall event, calculated using the SWRv equation as stated in § 520.3(a) with a P equal to one and seven-tenths (1.7) inches, shall not be counted toward on-site retention.

520.6 A major land-disturbing activity may achieve on-site retention by directly conveying volume from the regulated site to a shared BMP with available retention capacity.

History

SOURCE: Final Rulemaking published at 35 DCR 21 (January 1, 1988); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013); as amended by Final Rulemaking published at 67 DCR 818 (January 31, 2020); as amended by Final Rulemaking published at 72 DCR 012101 (October 31, 2025). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 520

21 DCMR § 521 STORMWATER MANAGEMENT: PERFORMANCE REQUIREMENTS FOR MAJOR LAND-DISTURBING ACTIVITY CONSISTING OF BRIDGE, ROADWAY, AND STREETSCAPE PROJECTS IN THE EXISTING PUBLIC RIGHT-OF-WAY

521.1 This section applies only to the portion of a major regulated project that consists entirely of bridge, roadway, streetscape, or railway work:

In the existing Public Right-of-Way (PROW); or

In the existing PROW and in the public space associated with the PROW.

521.2 For a project in the existing PROW, the property owner may comply with a requirement in this chapter to retain a Stormwater Retention Volume (SWRv) by:

Retaining fifty percent (50%) of the SWRv requirement on-site and using off-site retention for the remaining volume pursuant to § 527, as applicable;

Retaining one hundred percent (100%) the SWRv requirement on-site; or

Retaining the SWRv requirement on-site to the maximum extent practicable (MEP), after proving that each opportunity to install retention capacity has been exhausted, as described in the Department’s Stormwater Management Guidebook (SWMG).

521.3 A project in the existing PROW shall:

Prioritize, to the MEP, the management of stormwater from the roadway, including stormwater draining from roadway beyond the area of land-disturbing activity; and

Not be required to install a Best Management Practice (BMP) or landcover:

That provides retention capacity greater than that required to achieve the SWRv that is calculated for the area of land-disturbing activity; or

That is outside the area of land-disturbing activity.

521.4 An existing PROW project on an Anacostia Waterfront Development Zone (AWDZ) site may comply with a requirement in this chapter to achieve a Water Quality Treatment Volume (WQTv) by:

Achieving the WQTv; or

Achieving the WQTv to the MEP, after proving that each opportunity for installing retention and treatment capacity has been exhausted in compliance with the MEP process for existing PROW detailed in the SWMG.

521.5 To elect to retain the SWRv requirement on-site to the MEP for a project in the existing PROW, a person shall provide the following information demonstrating technical infeasibility or environmental harm:

Detailed explanation of each opportunity for on-site installation of a BMP that was considered and rejected, and the reasons for each rejection, including each opportunity that could be created by reducing roadway width to create an expanded area for retention of the SWRv requirement or treatment of the WQTv requirement between the curb line and private property; and

Evidence of site conditions limiting each opportunity for a BMP, including, as applicable:

Data on soil and groundwater contamination;

Data from percolation testing;

Documentation of the presence of utilities requiring impermeable protection or a setback;

Documentation of structural requirements that would not be satisfied by a BMP;

Evidence of the applicability of a statute, regulation, court order, pre-existing covenant, or other restriction having the force of law; and

Evidence of a District-approved use for the safe and effective transport of goods or people.

521.6 For a major regulated project in the existing PROW, the property owner may comply with on-site retention requirements by retaining more than the one and two-tenths (1.2) inch SWRv requirement for an area of the site or for an area that drains to the site, subject to the following conditions:

Retention; or

Treatment to remove eighty percent (80%) of total suspended solids to the MEP;

Retention in excess of a one and two-tenths (1.2) inch SWRv requirement for one (1) area of the site or an area that drains to the site may be applied to the volume required for another area of the site;

On-site BMPs shall retain a minimum of fifty percent (50%) of the one and two-tenths (1.2) inch SWRv requirement for the entire site unless the project complies with the SWRv requirement to the MEP;

For any site that retains less than fifty percent (50%) of the SWRv requirement on-site, the property owner shall use off-site retention pursuant to § 527, as applicable, unless the project complies with the SWRv requirement to the MEP; and

Retention of volume greater than that from a one and seven-tenths (1.7) inch rainfall event, calculated using the SWRv equation with a P equal to one and seven-tenths (1.7) inches, shall not be counted toward on-site retention.

521.7 If a project in the existing PROW that is retaining the SWRv to the MEP is not able to achieve retention of fifty percent (50%) of the SWRv for the entirety of an area intended for use or storage of motor vehicles, the Department may waive a requirement to provide treatment for that volume if the Department:

Determines that a treatment BMP would displace or reduce the size of retention capacity to be installed; and

Concludes that the displaced or reduced retention capacity would be as protective or more protective for District waterbodies than the alternative treatment BMP.

521.8 An existing PROW project that is retaining the SWRv or the WQTv to the MEP shall not be required to use off-site retention for the difference between the required volume and the achieved volume.

History

SOURCE: Final Rulemaking published at 35 DCR 21 (January 1, 1988); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013); as amended by Final Rulemaking published at 67 DCR 818 (January 31, 2020); as amended by Final Rulemaking published at 72 DCR 012101 (October 31, 2025). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 521

21 DCMR § 522 STORMWATER MANAGEMENT: PERFORMANCE REQUIREMENTS FOR MAJOR SUBSTANTIAL IMPROVEMENT ACTIVITY

522.1 If land disturbance associated with a major substantial improvement activity constitutes a major land-disturbing activity or is part of a common plan of development with a major land-disturbing activity, then the property owner shall comply with the performance requirements for a major land-disturbing activity pursuant to § 520; otherwise, the property owner shall comply with the provisions of this section.

522.2 For the purposes of calculating the cost of a major substantial improvement to a building or structure, an applicant may exclude the cost of replacing manufacturing and industrial equipment, including pumps, valve chambers, and wastewater treatment facilities, but may not exclude the cost of replacing boilers, furnaces, and other equipment that is part of the heating and cooling system or other infrastructure commonly found in a building or structure.

522.3 For a site that undergoes a major substantial improvement activity, the property owner shall employ and maintain each Best Management Practice (BMP) and land cover necessary to comply with the requirements of this section until site redevelopment that follows a Department-approved Stormwater Management Plan (SWMP) occurs.

522.4 For a site that undergoes a major substantial improvement activity, the property owner shall retain the rainfall from an eight-tenths (.8) of an inch rainfall event, which is the eightieth (80th) percentile rainfall event for the District of Columbia, measured for a twenty-four (24) hour storm with a seventy-two (72) hour antecedent dry period by:

Employing each BMP necessary to retain the eight-tenths (.8) of an inch Stormwater Retention Volume (SWRv) requirement, calculated as follows:

SWRv = P × [(RvN × N) + (RvC × C) + (RvI × I) + (RvB × B) ] × 7.48 /12

where:

The surface area shall include the combined total of the substantially improved building footprint and the land disturbance,

SWRv = volume, in gallons, required to be retained,

P = 80th percentile rainfall event for the District (.8 inches),

RvN = .00 (runoff coefficient for natural cover),

RvC = .25 (runoff coefficient for compacted cover),

RvI = .95 (runoff coefficient for impervious cover),

RvB = .95 (runoff coefficient for BMP cover),

N = post-development natural cover surface area,

C = post-development compacted cover surface area,

I = post-development impervious cover surface area,

B = post-development BMP cover surface area;

Employing each post-development land cover factored into the SWRv; and

Calculating separately and achieving the SWRv, with P equal to 1.2 inches, for the portion of land-disturbing activity that is in the existing PROW, in compliance with § 521.

522.5 For a site that undergoes a major substantial improvement activity, the property owner may comply with the eight-tenths (.8) of an inch SWRv requirement on-site or through a combination of on-site retention and off-site retention, under the following conditions:

The site shall retain a minimum of fifty percent (50%) of the eight-tenths (.8) of an inch SWRv requirement on-site, calculated for the entire site, unless the Department:

Approves an application for relief from extraordinarily difficult site conditions; or

Provides a waiver, which shall be granted if:

The site drains into the Gray Combined Sewer System (Gray CSS) from a drainage area that is not targeted for sewer separation, as documented in capital improvement budgets; and

The property owner signs an agreement committing the project to use only High-Impact Stormwater Retention Credits (High-Impact SRCs) or Low-Impact Voluntary SRCs to comply with its Off-Site Retention Volume (Offv) requirement pursuant to § 527; and

Pursuant to § 527, the property owner shall use off-site retention for the portion of the SWRv requirement that is not retained on-site.

522.6 For a site that undergoes a major substantial improvement activity, the property owner may comply with on-site retention requirements by retaining more than the eight-tenths (.8) of an inch SWRv requirement for an area of the site, subject to the following conditions:

Unless a Site Drainage Area (SDA) drains into the Combined Sewer System (CSS) or the Department approves an application for relief from extraordinarily difficult site conditions, the property owner shall comply with at least fifty percent (50%) of the eight-tenths of an inch (.8 inch) SWRv requirement from the SDA through:

Retention; or

Treatment to remove eighty percent (80%) of total suspended solids;

Unless an SDA drains into the CSS or the Department approves an application for relief from extraordinarily difficult site conditions, the entirety of an area intended for use or storage of motor vehicles shall drain to each necessary BMP to comply with at least fifty percent (50%) of the eight-tenths (.8) of an inch SWRv requirement flowing from that entire area through retention or treatment;

Retention in excess of an eight-tenths (.8) of an inch SWRv requirement for one (1) area of the site may be applied to the volume required for another area of the site;

Unless the Department approves an application for relief from extraordinarily difficult site conditions or waives the minimum on-site retention requirement pursuant to § 522.5(a)(2), the property owner shall comply with a minimum of fifty percent (50%) of the eight-tenths (.8) of an inch SWRv requirement for the entire site; and

522.7 A major substantial improvement activity may achieve on-site retention by directly conveying volume from the regulated site to a shared BMP with available retention capacity.

History

SOURCE: Final Rulemaking published at 35 DCR 21 (January 1, 1988); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013); as amended by Final Rulemaking published at 67 DCR 818 (January 31, 2020); as amended by Final Rulemaking published at 72 DCR 012101 (October 31, 2025). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 522

21 DCMR § 523 STORMWATER MANAGEMENT: RESTRICTIONS

523.1 The Department may restrict use of an infiltration Best Management Practice (BMP) to prevent contamination of soil or groundwater and require submittal of and compliance with a Stormwater Pollution Prevention Plan if:

An applicant proposes to engage in a land use activity that has the potential to pollute stormwater runoff, as specified in the Department’s Stormwater Management Guidebook (SWMG); or

Surface contamination is present at the site.

To prevent stormwater migration in underlying soil or groundwater in an area determined to have sub-surface contamination of soil or groundwater, the Department may:

Prohibit use of an infiltration BMP; or

Limit use of an infiltration BMP, including by requiring that an impermeable liner be used.

523.3 The Department may require a BMP that receives runoff from a stormwater hotspot designated in the Department’s SWMG to include pollution control measures, including, as applicable, a baffle, skimmer, oil separator, grease trap, or other mechanism which prevents release of oil and grease in concentrations exceeding ten milligrams per Liter (10 mg/L).

523.4 The Department may require a BMP that receives runoff from an animal confinement area to:

Connect to a combined sewer, if DC Water approves the connection as not exceeding available capacity; or

Include pollution control measures necessary to protect water quality standards of the receiving waterbody, if the runoff discharges directly to a waterbody or through the separate sewer system.

523.5 No person shall use a coal tar product, or other toxic material, to seal a BMP.

History

SOURCE: Final Rulemaking published at 60 DCR 10640 (July 19, 2013). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 523

21 DCMR § 524 STORMWATER MANAGEMENT: PERFORMANCE REQUIREMENTS FOR MAJOR REGULATED PROJECTS IN THE ANACOSTIA WATERFRONT DEVELOPMENT ZONE

524.1 An Anacostia Waterfront Development Zone site (AWDZ site) is a site within the Anacostia Waterfront Development Zone (AWDZ) that undergoes a major regulated project that is publicly owned or publicly financed.

524.2 For an AWDZ site, the property owner shall employ and maintain each Best Management Practice (BMP) and land cover necessary to comply with the requirements of this section until site redevelopment that follows a Department-approved Stormwater Management Plan (SWMP) occurs.

524.3 Except for activities exempted under this chapter, if a provision of this section conflicts with any other provision of this chapter, an AWDZ site shall be subject to the more stringent provision.

524.4 For an AWDZ site that undergoes a major land-disturbing activity, the property owner shall treat the rainfall from a one and seven-tenths (1.7) inch rainfall event, which is the ninety-fifth (95th) percentile rainfall event for the District of Columbia, measured for a twenty-four (24) hour rainfall event with a seventy-two (72) hour antecedent dry period by:

Employing each BMP necessary to treat the one and seven-tenths (1.7) inch Water Quality Treatment Volume (WQTv) equal to the difference between:

The post-development runoff from the one and seven-tenths (1.7) inch rainfall event; and

The one and two-tenths (1.2) inch Stormwater Retention Volume (SWRv);

Calculating the WQTv requirement in § 524.4(a) as follows:

WQTv = (P × [(RvN × N) + (RvC × C) + (RvI × I) + (RvB × B) ] ×

7.48 /12) - SWRv

where:

The surface area shall include the combined total of the substantially improved building footprint and the land disturbance,

WQTv = volume, in gallons, required to be retained or treated, above and beyond the SWRv requirement,

SWRv = volume, in gallons, required to be retained,

P = 95th percentile rainfall event for the District (1.7 inches),

RvN = .00 (runoff coefficient for natural cover),

RvC = .25 (runoff coefficient for compacted cover),

RvI = .95 (runoff coefficient for impervious cover),

RvB = .95 (runoff coefficient for BMP cover),

N = post-development natural cover surface area;

C = post-development compacted cover surface area,

I = post-development impervious cover surface area,

B = post-development BMP cover surface area; and

Employing each post-development land cover factored into the WQTv.

For an AWDZ site that undergoes a major substantial improvement activity and does not undergo a major land-disturbing activity, the property owner shall:

Comply with the performance requirements for major substantial improvement activity, except that the SWRv requirement shall be equal to the post-development runoff from a one (1.0) inch rainfall event, which is the eighty-fifth (85th) percentile rainfall event for the District of Columbia, measured for a twenty-four (24) hour rainfall event with a seventy-two (72) hour antecedent dry period;

Treat rainfall from a one and seven-tenths (1.7) inch rainfall event, which is the ninety-fifth (95th) percentile rainfall event for the District of Columbia, measured for a twenty-four (24) hour rainfall event with a seventy-two (72) hour antecedent dry period by:

Employing and maintaining each BMP necessary to treat the one and seven-tenths (1.7) inch WQTv requirement equal to the difference between:

The post-development runoff from the one and seven-tenths (1.7) inch rainfall event; and

The one (1.0) inch SWRv;

Calculating the WQTv requirement in § 524.5(b) as follows:

WQTv = (P × [(RvN × N) + (RvC × C) + (RvI × I) + (RvB × B)] × 7.48 /12) - SWRv

where:

The surface area shall include the combined total of the substantially improved building footprint and the land disturbance,

WQTv = volume, in gallons, required to be retained or

treated, above and beyond the SWRv requirement,

SWRv = volume, in gallons, required to be retained,

P = 95th percentile rainfall event for the District (1.7 inches),

RvN = .00 (runoff coefficient for natural cover),

RvC = .25 (runoff coefficient for compacted cover),

RvI = .95 (runoff coefficient for impervious cover),

RvB = .95 (runoff coefficient for BMP cover),

N = post-development natural cover surface area,

C = post-development compacted cover surface area,

I = post-development impervious cover surface area,

B = post-development BMP cover surface area; and

Employing each post-development land cover factored into the WQTv.

524.6 For an AWDZ site, the property owner may comply with the on-site WQTv requirement with:

On-site treatment designed to remove eighty percent (80%) of total suspended solids;

On-site retention; or

Direct conveyance of stormwater from the site to an approved shared BMP with sufficient available treatment or retention capacity.

524.7 For an AWDZ site, the property owner may comply with part of the WQTv or SWRv requirements by using off-site retention pursuant to § 527 if:

Site conditions make compliance technically infeasible, environmentally harmful, or of limited appropriateness in terms of impact on surrounding landowners or overall benefit to District waterbodies; and

The Department approves an application for relief from extraordinarily difficult site conditions.

524.8 For an AWDZ site, person shall use one and one-quarter (1.25) SRCs to comply with one (1) gallon of an Offv requirement if the SRCs are certified for retention capacity located outside of the Anacostia watershed.

524.9 An AWDZ site shall obtain Department approval of an integrated pesticide management plan meeting the requirements of the Department’s Stormwater Management Guidebook.

524.10 A major regulated project in the AWDZ shall achieve the required level of stormwater management using one or more of the following methods, in the following order of preference:

Vegetated BMPs and land covers designed to retain and beneficially use stormwater;

Where compatible with groundwater protection, non-vegetated infiltration BMPs;

Other low impact development practices;

Collection and use of stormwater for on-site irrigation and other purposes; and

(e) Other on-site BMPs or design methods approved by the Department.

History

SOURCE: Final Rulemaking published at 35 DCR 21 (January 1, 1988); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013); as amended by Final Rulemaking published at 67 DCR 818 (January 31, 2020); as amended by Final Rulemaking published at 72 DCR 012101 (October 31, 2025). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 524

21 DCMR § 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:

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

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:

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

Prove sufficient capacity of the S-BMP;

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

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

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:

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

Prove sufficient capacity of the S-BMP;

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

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:

Pass the Department’s inspection; and

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.

History

SOURCE: Final Rulemaking published at 60 DCR 10640 (July 19, 2013). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 525

21 DCMR § 526 STORMWATER MANAGEMENT: RELIEF FROM EXTRAORDINARILY DIFFICULT SITE CONDITIONS

526.1 The applicant may apply for relief from extraordinarily difficult site conditions if it is technically infeasible or environmentally harmful:

For a site to comply with the minimum on-site retention requirement (fifty percent (50%) of Stormwater Retention Volume (SWRv));

For an Anacostia Waterfront Development Zone (AWDZ) site to comply with any portion of its WQTv or SWRv on-site, except that AWDZ sites may also apply based on the limited appropriateness of on-site stormwater management; or

For a site to comply with the minimum on-site retention or treatment requirements for SDAs (fifty percent (50%) retention or treatment of the SWRv from each SDA and fifty percent (50%) retention or treatment of the SWRv from the entire vehicular access area).

526.2 The Department shall not provide relief unless the applicant proves that on-site compliance is technically infeasible or environmentally harmful, except that, for an AWDZ site, the Department may also consider the appropriateness of on-site compliance in terms of impact on surrounding landowners or overall benefit to District waterbodies.

526.3 In order to support its case for relief, the applicant shall provide the following information demonstrating technical infeasibility or environmental harm:

Detailed explanation of each opportunity for on-site installation of a Best Management Practice (BMP) that was considered and rejected, and the reasons for each rejection;

(b) Evidence of site conditions limiting each opportunity for a BMP, including, as applicable:

Data on soil and groundwater contamination;

Data from percolation testing;

Documentation of the presence of utilities requiring impermeable protection or a setback;

Evidence of the applicability of a statute, regulation, court order, pre-existing covenant, or other restriction having the force of law;

Evidence that the installation of a retention BMP would conflict with the terms of a non-expired approval, applied for prior to the end of Transition Period Two A for a major land-disturbing activity or before the end of Transition Period Two B for a major substantial improvement activity, of a:

Concept review by the Historic Preservation Review Board;

Concept review by the Commission on Fine Arts;

Preliminary or final design submission by the National Capital Planning Commission;

Variance or special exception from the Board of Zoning Adjustment; or

Large Tract Review by the District Office of Planning;

For a utility, evidence that a property owner on or under whose land the utility is conducting work objects to the installation of a BMP;

For a major substantial improvement activity, evidence that the structure cannot accommodate a BMP without significant alteration, because of a lack of available interior or exterior space or limited load-bearing capacity; and

For single- and two-family affordable housing, evidence of:

The usability of space to achieve the proposed project purpose;

Lack of the minimum CDA required for a BMP to be effective;

The difficulty of conducting BMP maintenance;

For single- and two-family affordable housing:

Evidence of the sensitivity of receiving waterbody to stormwater runoff; and

Evidence of the likelihood of runoff from the site to cause to erosion of land, transport of sediment, nuisance flooding.

526.4 An applicant for relief shall submit to the Department’s submittal database:

A complete application; and

Proof of payment of the applicable fee.

526.5 The Department shall not consider an incomplete application for relief; except that if an application is substantially complete, the Department may begin consideration.

526.6 In determining whether to grant relief, the Department may consider:

The applicant’s submittal;

Other site-related information;

An alternative design;

The Department’s Stormwater Management Guidebook;

Another BMP that complies with the requirements of this chapter; and

Relevant scientific and technical literature, reports, guidance, and standards.

526.7 After considering whether an application meets the requirements of this section, the Department may:

Require additional information;

Grant relief;

Grant relief, with conditions;

Deny relief; or

Deny relief in part.

526.8 No relief shall be granted unless, for the volume of relief granted, the Stormwater Management Plan (SWMP) for the project provides for:

Use of off-site retention, with the Off-Site Retention Volume documented on the approved SWMP; and

If the relief is from a minimum on-site retention requirement, treatment to remove eighty percent (80%) of total suspended solids.

History

SOURCE: Final Rulemaking published at 35 DCR 21 (January 1, 1988); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013); as amended by Final Rulemaking published at 67 DCR 818 (January 31, 2020). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 526

21 DCMR § 527 STORMWATER MANAGEMENT: USE OF OFF-SITE RETENTION THROUGH THE IN-LIEU FEE OR STORMWATER RETENTION CREDITS

527.1 For a site that undergoes a major regulated project and has an Off-Site Retention Volume (Offv) requirement, a person shall use off-site retention to comply with each gallon of the Offv requirement each year until the Department terminates or suspends the Offv requirement pursuant to §§ 527.20–527.24.

527.2 The Department shall track the use of off-site retention to comply with an Offv requirement.

527.3 A person shall comply with an Offv requirement no later than the Offv compliance date, which begins and recurs annually on the earlier of the following dates:

Successful completion of the Department’s final construction inspection; or

The date construction activities were substantially completed, as determined by the Department when:

The Department did not require a final construction inspection;

The major regulated project failed a final construction inspection; or

The person failed to schedule a final construction inspection at the required time.

527.4 No person shall be out of compliance with a portion of their Offv requirement for any period of time.

527.5 To comply with one (1) gallon of an Offv requirement for one (1) year, a person shall use one (1) High-Impact Stormwater Retention Credit (High-Impact SRC) unless they:

Are allowed to substitute a:

Purchased Low-Impact Stormwater Retention Credit (Low-Impact SRC) pursuant to §§ 527.9 and 527.10; or

Self-generated Low-Impact SRC pursuant to § 527.12;

Are required to use one and one-quarter (1.25) Stormwater Retention Credits (SRCs) for an Anacostia Waterfront Development Zone site (AWDZ site) pursuant to § 527.7; or

Pay the in-lieu fee for the gallon of Offv, unless prohibited by § 527.8.

527.6 No person shall use SRCs to comply with an Offv requirement without obtaining the Department’s approval.

527.7 For an AWDZ site, a person shall use one and one-quarter (1.25) SRCs to comply with one (1) gallon of an Offv requirement if the SRCs are certified for retention capacity located outside of the Anacostia watershed.

527.8 To comply with an Offv requirement, a person shall use only High-Impact SRCs if the project with Offv received Department approval for:

Permanent Offv compliance pursuant to §§ 527.20–527.24; or

A waiver:

For two (2) year storm detention requirements pursuant to § 520.2(a); or

To retain less than fifty percent (50%) of the Stormwater Retention Volume (SWRv) on-site in the Gray Combined Sewer System (Gray CSS) area pursuant to §§ 520.4(a)(2) or 522.5(a)(2), unless the substitution is a Low-Impact Voluntary SRC.

527.9 A person who purchases SRCs to comply with an Offv requirement and who is not otherwise prohibited by § 527.8 may substitute High-Impact SRCs with:

Low-Impact Municipal Separate Storm Sewer System (MS4) SRCs when:

High-Impact SRCs are not available pursuant to § 527.10; or

The site with Offv is an AWDZ site and High-Impact SRCs certified for retention capacity located in the Anacostia watershed are not available pursuant to § 527.10;

Low-Impact Green Combined Sewer System (Green CSS) SRCs when:

High-Impact SRCs and Low-Impact MS4 SRCs are not available pursuant to § 527.10; and

The site with the Offv requirement:

Drains to the Green CSS area or the Gray CSS area;

Is not an AWDZ site; and

Is located outside the limits of the existing Public Right-of-Way (PROW); or

Low-Impact Gray CSS SRCs when:

High-Impact SRCs and Low-Impact MS4 SRCs are not available pursuant to § 527.10; and

The site with the Offv requirement:

Drains to the Gray CSS area;

Is not an AWDZ site; and

Is located outside the limits of the existing PROW.

527.10 A type of SRC required in § 527.9 is not available for purchase if on the Offv compliance date there are not enough SRCs of that type for sale to comply with the site’s Offv requirement for one (1) year.

527.11 When purchasing SRCs pursuant to §§ 527.9 and 527.10, a person may use Low-Impact SRCs to comply with the Offv requirement for only the next single year.

527.12 A person who uses self-generated SRCs to comply with an Offv requirement and who is not otherwise prohibited by § 527.8 shall use SRCs as follows:

For an AWDZ site; a site that drains to the MS4 area; or any PROW site that drains to the CSS and achieves less than fifty percent (50%) of the SWRv requirement on-site, a person shall use any of the following:

Self-generated High-Impact SRCs; or

Self-generated Low-Impact MS4 SRCs;

For a site that drains to the Green CSS area, a person shall use any of the following:

Self-generated High-Impact SRCs;

Self-generated Low-Impact MS4 SRCs; or

Self-generated Low-Impact Green CSS SRCs; and

For a site that drains to the Gray CSS area and achieves:

Fifty percent (50%) or more of the SWRv requirement on-site, a person may use any self-generated SRCs; or

Less than fifty percent (50%) of the SWRv requirement on-site, a person shall use any of the following:

Self-generated High-Impact SRCs;

Self-generated Low-Impact Voluntary SRCs; or

If the Department approves an application for relief from extraordinarily difficult site conditions, then any self-generated SRCs.

527.13 Only the current owner of an SRC or their agent may apply to the Department for approval to use that SRC to comply with one (1) gallon of an Offv requirement.

527.14 To comply with an Offv requirement, the property owner or their agent shall provide the following to the Department before the Offv compliance date:

For use of SRCs, a completed application in the Department’s submittal database that includes:

The unique serial numbers of the SRCs; and

Information about the site with Offv that will use the SRCs, including property location and stormwater management on the property; or

For use of an in-lieu fee payment:

A completed form in the Department’s submittal database to notify the Department of the intent to use an in-lieu fee payment; and

Payment of the in-lieu fee.

527.15 The Department shall not approve an application to use an SRC to comply with an Offv requirement if the lifespan of the SRC has terminated pursuant to § 532.

527.16 The one (1) year lifespan of an SRC or an in-lieu fee payment begins on the date it is used to comply with one (1) gallon of an Offv requirement.

If the Department determines that a property owner failed to comply with an Offv requirement, the Department shall:

Provide the property owner with written notice of noncompliance; and

Require the property owner to:

Pay the in-lieu fee for each gallon of Offv; and

Pay an administrative late fee calculated as ten percent (10%) of the in-lieu fee amount pursuant to § 501.12.

527.18 A property owner who receives a notice of noncompliance for an Offv requirement shall:

Comply; and

Pay the assessed fees.

527.19 If a property owner fails to comply within thirty (30) days after the date the Department issued a notice of noncompliance with an Offv requirement, the Department shall administratively use the property owner’s eligible unused SRCs to comply with the Offv requirement.

527.20 A requirement to comply with a gallon of Offv shall terminate when a property owner has complied with all prior years of the Offv requirement and the performance requirements of this chapter, and:

Retained the gallon on-site in compliance with a Department-approved Stormwater Management Plan (SWMP) revision;

Redeveloped the site in compliance with a new Department-approved SWMP; or

If the major regulated project with the Offv requirement is located in the Gray CSS area, used High-Impact SRCs to comply with the Offv for thirty (30) consecutive compliance years pursuant to § 527.21.

527.21 Pursuant to § 527.20(c), the Department will terminate an Offv requirement for a project located in the Gray CSS area provided that:

The property owner shall comply with thirty (30) consecutive years of the Offv requirement solely by using High-Impact SRCs;

The property owner or their agent shall, using a form in the Department’s submittal database, apply to the Department to request the permanent Offv compliance option within three (3) years of the later of:

(1) (The effective date of the final rulemaking); or

The date construction was substantially completed, as determined by the Department;

If the property owner has already complied with one (1) or more years of the Offv requirement pursuant to § 527.21(a), the Department will count these years of compliance toward the thirty (30) year compliance period;

The application to request permanent Offv compliance shall include:

The plan number for the Offv requirement;

The start and end dates of the thirty (30) year compliance period;

Enough High-Impact SRCs to comply with at least the next four (4) years of the Offv requirement; and

Evidence that within four (4) years after the application date, the property owner will provide to the Department the remaining High-Impact SRCs to comply with a total of thirty (30) years of the Offv requirement. The evidence shall consist of either:

An executed contract between the property owner and an SRC seller; or

A promise signed by the property owner;

Within four (4) years after the date of the application, the property owner shall provide the Department the full amount of High-Impact SRCs required to comply with thirty (30) years of the Offv requirement;

The High-Impact SRCs a person uses pursuant to §§ 527.20 and 527.21:

Shall not be applied or transferred in full or in part to the Offv requirement for a different plan; and

Are not refundable in full or in part even if any portion of the site is redeveloped before the end of the thirty (30) year compliance period; and

The Department will provide the property owner written confirmation when the property owner has:

Complied with thirty (30) years of the Offv requirement and the Offv requirement is terminated; or

Not completed the application requirements and the application for permanent Offv compliance is revoked.

527.22 A property owner may request to terminate an Offv requirement pursuant to § 517.7 for installation or replacement of athletic playing fields, permeable athletic tracks, or permeable playground surfaces or suspend the Offv pursuant to § 518.14 for single-family or two-family houses constructed as affordable housing, if they:

Maintain each on-site Best Management Practice (BMP) pursuant to the approved SWMP for the project; and

Submit a request through the Department’s submittal database and attach a letter explaining why the project qualifies for Offv termination or suspension.

527.23 If the Department approves a request to terminate or suspend an Offv requirement pursuant to §§ 517.7 or 518.14:

The applicant shall revise the declaration of covenants, if necessary, pursuant to § 529.4; and

The Department shall prorate and refund any excess amount of SRCs or in-lieu fee payment used to comply with the Offv requirement beyond the termination or suspension date.

527.24 The Department shall prorate and refund SRCs or an in-lieu fee payment that an owner used to comply with an Offv requirement if:

The Department determines that the Offv requirement terminated before the end of the compliance period; or

The applicant had previously paid the in-lieu fee to the Department to comply with the Offv requirement and subsequently provided SRCs to the Department for the Offv.

History

SOURCE: Final Rulemaking published at 35 DCR 21 (January 1, 1988); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013); as amended by Final Rulemaking published at 67 DCR 818 (January 31, 2020); as amended by Final Rulemaking published at 72 DCR 012101 (October 31, 2025). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 527

21 DCMR § 528 STORMWATER MANAGEMENT: MAINTENANCE

528.1 Each owner or designee of each lot and parcel that is part of a site that undertook a major regulated project shall be responsible for maintenance required by the Stormwater Management Plan (SWMP) approved by the Department and shall record that responsibility in a declaration of covenants.

528.2 The Department may assign maintenance responsibility for a Shared Best Management Practice (S-BMP) in an approved SWMP after considering:

How maintenance will be achieved;

Each lot and parcel’s responsibility relative to its reliance on each S-BMP and land cover to comply with this chapter;

Administrative feasibility; and

Accountability and enforceability.

528.3 The owner, governmental agency, or other person with maintenance responsibility shall ensure that a Best Management Practice (BMP) and a land cover on a lot or parcel is maintained in good working order if:

The BMP or land cover was installed to meet the requirements of this chapter for a major regulated project; or

The Department certified a Stormwater Retention Credit for a gallon of retention capacity created by the BMP or land cover.

528.4 Natural land cover employed to comply with a retention requirement in this chapter shall not be converted to compacted or impervious land cover, unless the loss of retention capacity associated with the land conversion will be:

Offset by a corresponding increase in retention capacity elsewhere on the site that complies with the requirements of this chapter; or

Offset by a corresponding increase in use of off-site retention that complies with the requirements of this chapter; and

The Department approves a change to the previously approved SWMP for the site, showing how the loss of retention capacity will be offset.

528.5 Compacted land cover employed to comply with a retention requirement in this chapter shall not be converted to impervious land cover, unless the loss of retention capacity associated with the land conversion will be:

Offset by a corresponding increase in retention capacity elsewhere on the site that complies with the requirements of this chapter; or

Offset by a corresponding increase in use of off-site retention that complies with the requirements of this chapter; and

The Department approves a change to the previously approved SWMP for the site, showing how the loss of retention capacity will be offset.

528.6 Maintenance of each BMP and land cover shall comply with the applicable Department-approved SWMP, including promptly repairing and restoring each:

Grade surface;

Wall;

Drain;

Structure;

Foundation;

Sign;

Plant; and

Erosion or sediment control measure.

528.7 If the Department finds that a BMP or land cover is not being properly maintained:

(a) The Department may require that the condition be corrected; and

(b) The governmental agency, owner, or other person charged with maintenance responsibility shall correct the condition.

528.8 If an owner or other person charged with maintenance responsibility fails or refuses to correct a condition as the Department directs, the Department may:

Declare the owner or person out of compliance;

Take corrective action itself or through its contractor;

Assess the cost incurred and fees; and

(d) Assess a fine or penalty.

528.9 If the Department determines that the condition of a BMP or land cover presents an actual or imminent harm to the environment or the public health, the Department may:

Declare the owner or other person charged with maintenance responsibility to be out of compliance;

(b) Take protective and corrective action itself or through its contractor without prior notice to the owner;

(d) Assess a fine or penalty.

528.10 Used soil media removed from a BMP receiving drainage from an area intended for use or storage of motor vehicles shall not be re-used for planting or as fill material and shall be disposed of in a landfill or at a transfer station for transport to a landfill.

528.11 Non-vegetative waste material from cleaning, maintaining, repairing, and replacing a BMP shall be disposed of in a landfill, trash transfer station, or other facility for processing these materials in accordance with District and Federal law.

History

SOURCE: Final Rulemaking published at 35 DCR 21 (January 1, 1988); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013); as amended by Final Rulemaking published at 67 DCR 818 (January 31, 2020). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 528

21 DCMR § 529 STORMWATER MANAGEMENT: COVENANTS AND EASEMENTS

529.1 The owner of each lot and parcel that is part of a site that undertook a major regulated project shall record with the Recorder of Deeds:

A declaration of covenants that includes the on-site and off-site responsibilities in the Department-approved Stormwater Management Plan (SWMP); and

(b) An easement that the Department requires to ensure access for inspection and maintenance of a Best Management Practice (BMP) or land cover employed to comply with this chapter.

529.2 An agency of the federal government or District government shall not be required to make or record a declaration of covenants, except that, if a District-owned property is sold to a private owner or leased for more than three (3) years, the property’s SWMP must be incorporated in a declaration of covenants and recorded as a burden on the property or the leasehold.

The declaration of covenants and easement shall:

Be determined legally sufficient by the Attorney General or the Department’s designee;

(b) Be binding on each subsequent owner;

(c) Include an agreement to indemnify the District of Columbia, its officers, agents, and employees from and against all claims or liability that may arise out of or in connection with, either directly or indirectly, any of the owner’s actions or omissions with regard to the construction, operation, maintenance or restoration of the BMP or land cover; and

(d) Provide for inspection of and access to the BMP or land cover at reasonable times by the Department or its authorized representative.

529.4 If the Department determines that a change to an approved SWMP for a site affects the terms of a declaration of covenants or an easement required by this chapter, the owner of each affected lot or parcel of that site shall revise as the Department approves and record the declaration of covenants or easement accordingly.

History

SOURCE: Final Rulemaking published at 35 DCR 21 (January 1, 1988); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 529

21 DCMR § 530 STORMWATER MANAGEMENT: IN-LIEU FEE

530.1 The base in-lieu fee established by the Department for a purpose of this chapter shall represent the full life-cycle cost for the Department to retain one gallon (1 gal.) of stormwater for one (1) year, including the following costs:

Project planning;

Project design;

Project management;

Construction and installation;

Operations and maintenance;

Project financing;

Land acquisition;

Administration of the in-lieu fee program; and

Legal support for the in-lieu fee program.

530.2 The Department shall adjust the in-lieu fee for inflation annually pursuant to § 501.1.

530.3 The Department may re-evaluate the costs underlying the in-lieu fee and re-base the in-lieu fee as the Department determines necessary.

530.4 The Department shall provide notice in the D.C. Register prior to re-basing the in-lieu fee.

530.5 An in-lieu fee payment shall be based on the in-lieu fee in effect at the time payment is made.

530.6 An in-lieu fee payment shall:

Be used solely to achieve increased retention in the District of Columbia;

Be used to achieve increased retention in the Anacostia watershed, if the payment achieves Off-Site Retention Volume for an Anacostia Waterfront Development Zone site.

Be deposited in the Stormwater In-Lieu Fee Payment Special Purpose Revenue Fund, established by 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.).

History

SOURCE: Final Rulemaking published at 35 DCR 21 (January 1, 1988); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013); as amended by Final Rulemaking published at 72 DCR 012101 (October 31, 2025). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 530

21 DCMR § 531 STORMWATER MANAGEMENT: CERTIFICATION OF STORMWATER RETENTION CREDITS

531.1 Only the Department shall certify a Stormwater Retention Credit (SRC), and no SRC shall be valid and usable for the purposes of this chapter unless the Department certifies it.

531.2 The Department shall:

Certify one (1) SRC for one (1) gallon of retention capacity per year in a Best Management Practice (BMP) or land cover change that meets the eligibility requirements of this section;

Assign a unique serial number to each SRC; and

Retain and track information about each SRC, including final sale price.

531.3 A person is eligible to apply to certify an SRC if they are one (1) of the following:

The owner of the property where the BMP or land cover change is installed or their agent; or

The person the property owner has designated to become the owner of the SRC that would be certified.

531.4 For a major regulated project, a person shall file the first complete application to certify SRCs no later than three (3) years after the date the Department has:

Completed a final construction inspection; or

If no final construction inspection was required, determined the installation of the BMP or land cover change was completed.

531.5 For a major regulated project for which SRCs have previously been certified, a person shall file any subsequent complete application to certify additional SRCs:

No later than three (3) years after the end of the preceding SRC certification period the Department approved; and

No earlier than three (3) months before the end of the current certification period the Department approved.

531.6 For a project that is not a major regulated project, a person shall file a complete application to certify SRCs as follows:

For the first certification period:

On or before July 30, 2020, if the BMP or land cover change was installed before July 1, 2013; or

At any time after completing construction if the BMP or land cover change was installed on or after July 1, 2013; and

For a subsequent certification period, no earlier than three (3) months before the end of the current certification period the Department approved.

531.7 A BMP or land cover change is eligible to generate an SRC if:

Design, installation, and operation comply with a Department-approved Stormwater Management Plan (SWMP);

A professional engineer licensed in the District of Columbia certified an as-built SWMP that meets the requirements of this chapter and includes the areas that drain to the BMP or land cover change;

The Department approved a final construction inspection; and

All BMPs included in the approved SWMP passed a Department inspection within six (6) months before the date the applicant submitted the application to certify SRCs.

531.8 A gallon of retention capacity in a BMP or land cover change is eligible to generate an SRC if it is from the portion of the retention capacity that:

Is not installed to comply with a stormwater management requirement of a statute, regulation, or court order, including:

A Watershed Implementation Plan established under a Total Maximum Daily Load for the Chesapeake Bay; or

A court-approved consent decree, including court-approved modifications, for reducing Combined Sewer Overflows (CSOs) in the District of Columbia, except that retention capacity installed on an experimental basis as a requirement of the consent decree shall be eligible if a subsequent modification of the consent decree ends the requirement to maintain that retention capacity;

Does not exceed the SRC ceiling as defined in § 599; and

Exceeds:

The Stormwater Retention Volume (SWRv) and Water Quality Treatment Volume (WQTv), if the SRC is generated by a major regulated project;

Pre-project retention, if the SRC is not generated by a major regulated project; and

Water quality treatment requirements of this chapter that were in effect before July 19, 2013, if the SRC is generated by any project approved under those requirements.

531.9 The Department shall not approve an incomplete application for SRC certification.

531.10 A complete application for SRC certification shall consist of:

A completed application form submitted in the Department’s submittal database;

An executed maintenance contract or a signed promise to follow a maintenance plan that:

Complies with the Department-approved SWMP and the specifications described in the Department’s Stormwater Management Guidebook (SWMG); and

Is for the period of time for which the certification of the SRC is requested;

Documentation that the maintenance provider has the expertise and capacity to provide required maintenance for the period of SRC certification;

A signed promise from the owner of the property on which the BMP or land cover is located to notify the Department if the property is sold or otherwise transferred to another person during the period for which SRCs are certified; and

Any other documentation the Department requires to determine that the eligibility requirements in this chapter are satisfied.

531.11 If the Department determines that a complete application meets the eligibility requirements in this chapter, it shall certify up to three (3) years’ worth of SRCs for each gallon of SRC-eligible retention capacity.

531.12 The Department shall not certify an SRC for:

Ineligible retention capacity;

A period that begins earlier than the date of the submittal of a complete application; or

Any overlapping period in which the Department has already certified an SRC for the same retention capacity.

531.13 The Department may waive submittal of any documentation required for a complete application if that documentation is on file with the Department and reflects current conditions, except that the Department shall not waive submittal of a current maintenance agreement or maintenance contract for the BMP or land cover change.

531.14 The Department may conduct inspections of a BMP or land cover before and after certification of an SRC.

531.15 The Department may refuse to certify an SRC for a person who is currently out of compliance with:

Any Off-Site Retention Volume (Offv) requirement; or

Any requirement to maintain a BMP or land cover.

531.16 A property owner or their agent may propose to aggregate retention from multiple small sites that would not otherwise trigger a stormwater management performance requirement in this chapter by submitting a single SWMP that:

Specifies a common design for multiple BMPs of the same type(s);

Specifies well-defined technical criteria for location and placement of each BMP;

Specifies how each BMP will be constructed, operated, and maintained;

Demonstrates the technical capacity to locate, design, install, and maintain each BMP; and

Demonstrates compliance with the requirements of this chapter.

History

SOURCE: Final Rulemaking published at 35 DCR 21 (January 1, 1988); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013); as amended by Final Rulemaking published at 67 DCR 818 (January 31, 2020); as amended by Final Rulemaking published at 72 DCR 012101 (October 31, 2025). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 531

21 DCMR § 532 STORMWATER MANAGEMENT: LIFESPAN OF STORMWATER RETENTION CREDITS

532.1 The current SRC owner or their agent may:

Bank an SRC indefinitely until the lifespan of the SRC terminates;

Transfer an SRC to a new owner; or

Terminate the lifespan of an SRC by submitting a form in the Department’s submittal database to request the Department’s authorization to:

Use the SRC to comply with one (1) gallon of an Off-Site Retention Volume (Offv) requirement for one (1) year; or

Retire the SRC.

532.2 When a person is out of compliance with the requirements of this chapter, the Department may administratively terminate the lifespan of an SRC that the person owns by:

Using the SRC to comply with the person’s Offv requirement; or

Pursuant to § 532.4(c), retiring the SRC to resolve the person’s failure to comply with a requirement of an SWMP for which the Department certified an SRC.

532.3 An original SRC owner may request the Department’s approval to terminate a requirement to maintain a BMP or land cover change during a time period for which the Department has certified an SRC. To do so, the original SRC owner shall:

If the BMP or land cover change is required to comply with the performance requirements for a major regulated activity, obtain the Department’s approval for a plan revision pursuant to this chapter; and

For each SRC certified for the time period:

Retire the SRC; or

If the SRC cannot be retired because the lifespan of the SRC has terminated or because the SRC has been transferred to a new owner, then:

Retire another SRC as a replacement according to the list of eligible SRC types in § 532.6; or

Pay the in-lieu fee as a replacement.

532.4 If the Department determines that an original SRC owner failed to maintain a BMP or land cover change during a time period for which the Department has certified an SRC, and the original SRC owner did not receive the Department’s approval to terminate the maintenance requirement pursuant to § 532.3, the Department shall:

Provide the original SRC owner with written notice of noncompliance;

Calculate the prorated amounts of SRCs and in-lieu fee that correspond to the time period of noncompliance;

If the original SRC owner still owns an SRC that was certified for the time period and the lifespan of the SRC has not terminated:

Deny use of the SRC to comply with an Offv;

Deny transfer of ownership of the SRC; and

Administratively retire the SRC pursuant to this section; and

If the lifespan of an SRC that was certified for the time period has terminated, require the original SRC owner to retire another SRC or pay the in-lieu fee as a replacement pursuant to this section.

532.5 If an original SRC owner does not retire an SRC or pay an in-lieu fee within sixty (60) days of the date the Department issued a written notice of noncompliance pursuant to § 532.4:

The Department shall administratively retire another SRC that the original SRC owner owns according to the list of eligible SRC types in § 532.6; or

If the original SRC owner does not own an eligible SRC, then the original SRC owner shall:

Pay the in-lieu fee for the equivalent number of SRCs that are required; and

Pay an administrative late fee calculated as ten percent (10%) of the in-lieu fee amount pursuant to § 501.12.

532.6 When a person or the Department retires an SRC to replace another SRC, they shall:

Replace any type of SRC with a High-Impact SRC;

Replace a Low-Impact Municipal Separate Storm Sewer System (MS4) SRC with any MS4 SRC;

Replace a Low-Impact Green Combined Sewer System (Green CSS) SRC with any SRC except a Low-Impact Gray Combined Sewer System (Gray CSS) SRC; or

Replace a Low-Impact Gray CSS SRC with any type of SRC.

History

SOURCE: Final Rulemaking published at 35 DCR 21 (January 1, 1988); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013); as amended by Final Rulemaking published at 72 DCR 012101 (October 31, 2025). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 532

21 DCMR § 533 STORMWATER MANAGEMENT: OWNERSHIP OF STORMWATER RETENTION CREDITS

533.1 A Stormwater Retention Credit (SRC) may be bought and sold.

533.2 No person may sell a SRC that:

Has already been used to achieve an Off-Site Retention Volume (Offv); or

(b) The person does not own.

533.3 No person may complete a transfer of SRC ownership without receiving the Department’s approval.

A complete application for transfer of SRC ownership shall be in writing on a Department-provided form that includes:

The unique serial number of each SRC;

Identification of the seller and the buyer, including contact information; and

The purchase price.

533.5 Only the existing owner of an SRC (the seller) and the proposed SRC owner (the buyer) shall apply to transfer SRC ownership.

533.6 Before approving a transfer of SRC ownership, the Department shall verify the ownership and status of each SRC.

533.7 The Department shall undertake efforts to publicly share information of the price, purchase, sale, value, time, certification, and use of an SRC that is not personal, proprietary, a trade secret, or otherwise confidential.

History

SOURCE: Final Rulemaking published at 35 DCR 21 (January 1, 1988); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 533

21 DCMR § 534 [RESERVED]

History

SOURCE: Final Rulemaking published at 35 DCR 21 (January 1, 1988); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013); as amended by Final Rulemaking published at 67 DCR 818 (January 31, 2020); as amended by Final Rulemaking published at 72 DCR 012101 (October 31, 2025). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 534

21 DCMR § 535 [RESERVED]

History

SOURCE: Final Rulemaking published at 35 DCR 21 (January 1, 1988); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013).

21 DCMR § 536 [RESERVED]

History

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

21 DCMR § 537 [RESERVED]

History

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

21 DCMR § 538 [RESERVED]

History

SOURCE: Final Rulemaking published at 25 DCR 1033 (July 28, 1978), incorporating text of Proposed Rulemaking published at 24 DCR 10522 (June 9, 1978), 8 DCRR, Health Regulations (1965 Edition); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013).

21 DCMR § 539 [RESERVED]

History

SOURCE: Final Rulemaking published at 25 DCR 1033 (July 28, 1978), incorporating text of Proposed Rulemaking published at 24 DCR 10522 (June 9, 1978), 8 DCRR, Health Regulations (1965 Edition); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013).

21 DCMR § 540 SOIL EROSION AND SEDIMENT CONTROL: APPLICABILITY

540.1 No person shall engage in razing or land-disturbing activity, including stripping, clearing, grading, grubbing, excavating, and filling of land, without obtaining the Department’s approval of a soil erosion and sediment control plan, unless exempted in this chapter.

540.2 Notwithstanding any exemptions provided in this chapter, a person who engages in a demolition project that results in debris, dust, or sediment leaving the site shall apply each necessary control measure, upon receiving instruction to do so by the Department.

540.3 Notwithstanding any exemptions provided in this chapter, a person who exposes erodible material and causes erosion shall apply each necessary control measure, upon receiving instruction to do so by the Department.

540.4 A person who applies for Department approval of a soil erosion and sediment control plan shall be the owner of the property where the activity is to take place.

540.5 The approved soil erosion and sediment control plan shall govern all construction work requiring the control of soil erosion and sediment.

540.6 At the Director’s discretion, the Department may establish conditions for a general or blanket approval of soil erosion and sediment control plans that are solely covering specified activities carried out under and complying with specifications approved by the Department. These conditions may include requirements for an applicant to provide notice to the Department and comply with inspections as would normally be required under this chapter. The Department shall establish and revise any such conditions as necessary and publish them on its website as updates to the District of Columbia Standards and Specifications for Soil Erosion and Sediment Control.

History

SOURCE: 8 DCRR, Health Regulations (1965 Edition); as amended by the Department of Environmental Services’ Handbook for Erosion and Sediment Control (February 1977); as amended by Final Rulemaking published at 25 DCR 1033 (July 28, 1978); incorporating text of Proposed Rulemaking published at 24 DCR 10522 (June 9, 1978); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 540

21 DCMR § 541 SOIL EROSION AND SEDIMENT CONTROL: EXEMPTIONS

541.1 The following land-disturbing activities are exempt from the requirement to comply with the soil erosion and sediment control provisions of this chapter:

For a single- or two (2) family house, townhouse, or rowhouse:

Gardening;

Landscaping;

Repairs;

Maintenance; and

Stormwater retrofits, provided that:

The soil allows for percolation; and

The retrofit location is no closer than ten (10) feet from a building foundation;

Utility service connection, repair, or upgrade;

A project for which the total cost is less than twelve thousand, five hundred and seventy-three dollars and twelve cents ($12,573.12) or the current value pursuant to § 541.2;

Installation of fencing, a gate, signpost, or a pole;

Emergency work to protect life, limb, or property, and emergency repairs, except that the following are not exempted to the extent described:

The land disturbed shall still be shaped and stabilized pursuant to the requirements of this chapter;

Generally applicable control measures shall be used; and

The property owner or their agent shall submit a plan to the Department’s submittal database within three (3) weeks after beginning the emergency work; and

Activities that disturb less than fifty (50) square feet.

541.2 Each year after 2025, the amount described in § 541.1(c) shall increase by the percentage, if any, by which the Urban Consumer Price Index for June of the calendar year exceeds the Urban Consumer Price Index for June of the previous year. Each inflation adjustment shall be posted to the Department’s website.

History

SOURCE: 8 DCRR, Health Regulations (1965 Edition); as amended by Final Rulemaking published at 25 DCR 1033 (July 28, 1978), incorporating the text of Proposed Rulemaking published at 24 DCR 10522 (June 9, 1978); as amended by Final Rulemaking published at 35 DCR 21 (January 1, 1988); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013); as amended by Final Rulemaking published at 64 DCR 3794 (April 21, 2017); as amended by Final Rulemaking published at 67 DCR 818 (January 31, 2020); as amended by Final Rulemaking published at 72 DCR 012101 (October 31, 2025). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 541

21 DCMR § 542 SOIL EROSION AND SEDIMENT CONTROL: PLAN

542.1 The soil erosion and sediment control plan shall not be approved without the date and signature of the Director or the Director’s designee stamped on the plan.

542.2 The approved soil erosion and sediment control plan for a project shall be available on site for Department review for the entire period of construction during ordinary business hours.

542.3 The Department shall approve a soil erosion and sediment control plan only if the Department determines the following:

The plan meets the requirements of this chapter and of the Department’s Standards and Specifications for Soil Erosion and Sediment Control;

The applicant has paid each applicable fee; and

The applicant has certified, in writing, that he or she will implement each control measure specified in the plan.

542.4 The Department may, with respect to a soil erosion and sediment control plan:

(a) Reject a submission as incomplete;

(b) Approve;

(d) Approve or deny in part; and

(e) Require conditions or modifications.

542.5 If a plan is disapproved, the Department shall notify the applicant in writing, providing the specific reasons for the disapproval of the plan.

542.6 The Department may suggest modifications, terms, and conditions necessary to comply with the requirements of this chapter.

542.7 A soil erosion and sediment control plan may cover multiple phases of a project.

542.8 The applicant shall submit one (1) electronic set of the soil erosion and sediment control plan to the Department for review via the Department’s submittal database. For projects that receive a walkthrough permit review, the applicant shall also submit one (1) paper set of the soil erosion and sediment control plan to the Department.

542.9 The applicant shall, at a minimum, provide the following information on the soil erosion and sediment control plan:

(a) A title that indicates the plan is a soil erosion and sediment control plan;

(b) A project narrative;

(d) The lot, square, or parcel numbers;

(e) The name, address, and telephone number of:

(1) The property owner;

(2) The developer; and

(3) The plan designer;

(f) For sites where work will be done on slopes in excess of fifteen percent (15%), the seal and signature of a professional engineer, licensed in the District of Columbia;

(g) A vicinity sketch indicating north arrow, scale, and other information necessary to locate the property;

(h) One of the following horizontal scales of profile, unless otherwise approved:

(1) One inch equals ten feet (1 in. = 10 ft);

(2) One inch equals twenty feet (1 in. = 20 ft);

(3) One inch equals thirty feet (1 in. = 30 ft);

(4) One inch equals forty feet (1 in. = 40 ft);

(5) One inch equals fifty feet (1 in. = 50 ft); or

(6) One inch equals eighty feet (1 in. = 80 ft);

(i) One of the following vertical scales of profile, unless otherwise approved:

(1) One inch equals two feet (1 in. = 2 ft);

(2) One inch equals four feet (1 in. = 4 ft);

(3) One inch equals five feet (1 in. = 5 ft); or

(4) One inch equals ten feet (1 in. = 10 ft);

(j) Existing features that may be relevant factors in the development of an erosion prevention plan, such as vegetation, wildlife habitat, water areas, and topsoil conditions;

(k) The existing and proposed topography, including clear identification of all areas of slope greater than fifteen percent (15%);

(l) The proposed grading and earth disturbance including:

(1) Surface area involved;

(2) Volume of spoil material;

(3) Volume of borrow material; and

(4) Limits of clearing and grading including limitation of mass clearing and grading whenever possible;

(m) Storm drainage provisions, including:

(1) Velocities and quantities of flow from a sediment control measure to an approved point of discharge; and

(2) Site conditions around each point of surface water discharge from the site;

(n) Erosion and sediment control provisions to minimize on-site erosion and prevent off-site sedimentation including:

(1) Provisions specified to ensure land disturbance does not extend beyond the proposed area of disturbance;

(2) Details of grading practices that will be used on the site;

(3) Methods to minimize, to the extent practicable, off-site vehicle tracking of sediment and generation of dust; and

(4) Design details for structural control measures, including size and location of each erosion and sediment control measure, including:

Use of a crushed stone dike on each access road that is above grade; and

Use of a stabilized construction entrance for a construction project on each access road;

(o) Details of each interim and permanent stabilization measure, including statement of intent to adhere to the following, by placing the statement on the soil erosion and sediment control plan:

“Following initial land disturbance or re-disturbance, permanent or interim stabilization shall be completed within seven (7) calendar days for the surface of all perimeter controls, dikes, swales, ditches, perimeter slopes, and all slopes greater than three (3) horizontal to one (1) vertical (3:1); and fourteen (14) days for all other disturbed or graded areas on the project site. The requirements of this paragraph do not apply to those areas which are shown on the plan and are being used for material storage other than stockpiling, or for those areas on which actual construction activities are being performed. Maintenance shall be performed as necessary so that stabilized areas continuously meet the appropriate requirements of the District of Columbia Standards and Specifications for Soil Erosion and Sediment Control;”

(p) The sequence of construction, including:

(1) A description of the relationship between the implementation and maintenance of controls, including permanent and interim stabilization and the various stages or phases of earth disturbance and construction; and

(2) A sequence for each of the following activities:

Clearing and grubbing for those areas necessary for installation of perimeter controls;

Construction of perimeter controls;

Remaining clearing and grubbing;

Road grading;

Grading for the remainder of the site;

Utility installation, including the use or blocking of storm drains after construction;

Final grading, landscaping, or stabilization; and

Removal of controls;

(q) A general description of the predominant soil types on the site, as described by the appropriate soil survey information available from the United States Department of Agriculture National Resources Conservation Service;

(r) Recommendations for areas with unstable soils from a professional engineer licensed in the District of Columbia; and

(s) A statement placed on the soil erosion and sediment control plan stating that the applicant shall contact the Department to schedule a preconstruction meeting before the commencement of a land-disturbing activity.

542.10 After receiving notification that a soil erosion and sediment control plan meets the requirements for the Department’s approval, the applicant shall submit to the Department’s submittal database a final preconstruction application including:

(a) The complete plan; and

(b) Proof that each applicable fee for Department services has been paid.

542.11 The Department shall issue the approved copies of the soil erosion and sediment control plan after the applicant has submitted proof that each applicable fee for Department services has been paid.

542.12 Following approval of the plan, the applicant shall request the Department’s approval at each of the following stages of construction:

(a) Installation of perimeter erosion and sediment controls, but before proceeding with any other earth disturbance or grading; and

(b) Final stabilization of the site before the removal of erosion and sediment controls. Final stabilization means that all land-disturbing activities at the site have been completed and either of the following two (2) criteria are met:

A uniform (for example, evenly distributed, without large bare areas) perennial vegetative cover with a density of seventy percent (70%) of the native background vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or

Equivalent permanent stabilization measures (such as the use of riprap, gabions, or geotextiles) have been employed.

542.13 A soil erosion and sediment control plan shall be designed in compliance with this chapter by:

A District-licensed:

Professional engineer;

Land surveyor;

Architect; or

Landscape architect; or

A homeowner or homeowner’s licensed contractor for a single- or two-family house, townhouse, or rowhouse if the project does not involve construction of the house or an addition to the house.

542.14 In support of a plan which it submits for approval, the applicant shall provide additional available information that the Department considers necessary to demonstrate compliance with erosion and sediment control requirements in this chapter.

542.15 A copy of each approved plan shall be at the construction site from the date of commencement of the construction activities to the date of final stabilization and shall be made available for the Department’s inspection.

History

SOURCE: 8 DCRR, Health Regulations (1965 Edition); as amended by Final Rulemaking published at 25 DCR 1033 (July 28, 1978), incorporating the text of Proposed Rulemaking published at 24 DCR 10522 (June 9, 1978); as amended by Final Rulemaking published at 35 DCR 21 (January 1, 1988); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013); as amended by Final Rulemaking published at 67 DCR 818 (January 31, 2020); as amended by Final Rulemaking published at 72 DCR 012101 (October 31, 2025). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 542

21 DCMR § 543 SOIL EROSION AND SEDIMENT CONTROL: REQUIREMENTS

543.1 Erosion and sediment control measures shall be those the Department approves.

543.2 The Department shall maintain a copy of its Standards and Specifications for Soil Erosion and Sediment Control on its website and make a hard copy available for review at its offices.

543.3 Soil erosion and sediment control measures shall prevent transportation of sediment from the site.

543.4 Waterway crossing and stream bank protection measures designed and installed in compliance with the Department’s Standards and Specifications for Soil Erosion and Sediment Control shall be assumed to be adequate for that purpose.

543.5 A best management practice shall be protected from sedimentation and other damage during construction to ensure proper post-construction operation.

543.6 Erosion and sediment control measures shall be in place before and during land disturbance, except as otherwise specifically stated.

543.7 Erosion and sediment control measures shall be in place to stabilize an exposed area as soon as practicable after construction activity has temporarily or permanently ceased but no later than fourteen (14) days following cessation, except that temporary or permanent stabilization shall be in place at the end of each day of underground utility work that is not contained within a larger development site.

543.8 Permanent stabilization of streets and parking areas shall be with base course crushed stone or other Department-approved measures.

543.9 Measures shall be implemented and corrective action taken, including as specified by the Department, to prevent the discharge to District sewers or District waterbodies of erodible material or waste material including those materials that have been transported off site.

543.10 A site disturbing five thousand or more square feet (≥5,000 ft2) of land shall:

(a) Adhere to a SWPPP that:

The Department provides in its SWMG;

The Department approves as including the minimum measures in the Department-provided SWPPP; or

Is required under the Construction General Permit issued by Region III of the United States Environmental Protection Agency; and

(b) Post a legible copy of the SWPPP on-site.

543.11 A person shall avoid work on a slope in excess of fifteen percent (15%), to the maximum extent practicable. Where avoidance is not practicable, the Soil Erosion and Sediment Control Plan for the site shall be designed, signed, and sealed by a professional engineer, licensed in the District of Columbia, and the applicant shall incorporate additional protection strategies which the Department may require in order to prevent erosion or transportation of sediments from the site.

543.12 Except on an area that is undergoing construction, perimeter controls that disturb land, including dikes, swales, ditches, and perimeter slopes, shall be stabilized within one (1) week of initial land disturbance or redisturbance:

(a) On the surface of each disturbed area; and

On each associated slope greater than three (3) horizontal to one (1) vertical (3:1).

543.13 Runoff from the site shall be controlled by either diverting or conveying the runoff through areas with erosion and sediment control measures, such as through the installation of lined conveyance ditches, channels, or checkdams.

543.14 Critical area stabilization shall be applied to each cut and fill slope:

That is equal to or steeper than 3:1;

That is flatter than 3:1 if the Department determines that the soil characteristics require it; and

To every cut and fill slope when construction is out-of-season for planting and until permanent protection can be provided.

543.15 If the Department determines that a cut and fill slope is likely to result in erosion by stormwater of sediment from the site onto adjacent property or a nearby waterbody, then the cut and fill slope shall be protected against erosion by the use of structural diversions that are protected by vegetation or matting, in a frequency and manner that a geotechnical or civil engineer licensed in the District of Columbia has determined, based on site conditions, is sufficient to prevent erosion.

543.16 Stockpiled material:

(a) That is actively being used during a phase of construction shall be protected against erosion by establishing and maintaining perimeter controls around the stockpile; and

(b) That is not being actively used or added to shall be stabilized with mulch, temporary vegetation, hydro-seed or plastic within fifteen (15) calendar days after its last use or addition.

543.17 Sediment traps or basins and other erosion and sediment controls shall be:

(a) Installed no later than the first phase of land grading;

(b) Installed as soon as new site-related runoff is detected; and

543.18 Debris basins, diversions, waterways, and related structures shall be seeded and mulched, or have sod or a stabilization blanket installed immediately after they are built.

543.19 Construction site access measures to minimize off-site vehicle tracking shall:

Be installed no later than the first day of construction;

Stabilize each construction entrance;

Include each additional measure required to keep sediment from being:

(1) Tracked, or otherwise carried, onto public streets by construction vehicles; and

Washed into a storm drain or waterway; and

(d) Comply with all other Department requirements.

543.20 Off-site accumulations of sediment:

(a) Shall be removed daily during construction; and

(b) Shall be removed immediately if the Department so requires after an inspection.

543.21 Maintenance shall be performed to prevent stabilized areas from becoming unstabilized.

543.22 A sign that notifies the public to contact the Department in the event of erosion or other pollution shall be prominently posted on every site subject to this chapter, and the sign shall:

(a) Be in plain view of and readable by the public at a distance of twelve feet (12 ft);

(b) Be placed at each entrance to the site or as directed by the Department; and

History

SOURCE: 8 DCRR, Health Regulations (1965 Edition); as amended by Final Rulemaking published at 25 DCR 1033 (July 28, 1978), incorporating the text of Proposed Rulemaking published at 24 DCR 10522 (June 9, 1978); as amended by Final Rulemaking published at 35 DCR 21 (January 1, 1988); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013); as amended by Final Rulemaking published at 67 DCR 818 (January 31, 2020). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 542

21 DCMR § 544 SOIL EROSION AND SEDIMENT CONTROL: ROADWAY PROJECTS

544.1 Rough graded rights-of-way awaiting installation of utilities or pavement shall be protected by the installation of:

Interceptor dikes across rights-of-way so located as to limit roadway grade to a length between dikes of not more than five hundred feet (500 ft); or

Alternative controls that are recommended by a Professional Engineer (PE) licensed in the District of Columbia and that are approved by the Department.

544.2 Temporary diversion dikes and flumes, or alternative controls that are recommended by a PE licensed in the District of Columbia and that are approved by the Department, shall be used to carry runoff down cut-and-fill slopes to an outlet approved by the Department as part of the soil erosion and sediment control plan.

544.3 A permanent drainage structure, including diversions at top-of-slope cuts and diversions to lead runoff to a storm sewer or other suitable outlet, shall be installed at the completion of rough grading, unless the Department approves an alternative that has been recommended by a PE licensed in the District of Columbia.

History

SOURCE: 8 DCRR, Health Regulations (1965 Edition); as amended by the Department of Environmental Services’ Handbook for Erosion and Sediment Control (February 1977); as amended by Final Rulemaking published at 25 DCR 1033 (July 28, 1978); incorporating text of Proposed Rulemaking published at 24 DCR 10522 (June 9, 1978); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 544

21 DCMR § 545 SOIL EROSION AND SEDIMENT CONTROL: BUILDINGS, DEMOLITION, RAZING, AND SITE DEVELOPMENT

545.1 Erosion shall be controlled by the installation of gutters and downspouts as soon as practicable.

545.2 Measures shall be taken to achieve a non-eroding velocity for stormwater exiting from a roof or downspout or to temporarily pipe that stormwater directly to a storm drain.

545.3 The site work shall maximize the preservation of natural vegetation and limit the removal of vegetation to that which is necessary for construction or landscaping activity.

545.4 If site conditions preclude employment of other means of erosion control, the Department may approve installation of small dikes constructed along a low-lying perimeter area of a job site.

545.5 In an area along a waterbody, a buffer shall be established:

By not disturbing the land immediately adjacent to the waterbody, except to restore native vegetation;

Of at least twenty-five (25) feet on both sides of the waterbody, measured perpendicular to and horizontally from the top of bank; and

With vegetation or other measures required by the Department to ensure that the buffer acts as a filter to trap sediment and keep it on-site.

545.6 The Department may approve an exception to or modification of the requirement to establish a buffer for a project if:

The construction activities comply with the control measures specified in the Department-approved soil erosion and sediment control plan for the project; and

By the end of construction and thereafter, the property owner:

Complies with a one and seven-tenths (1.7) inch Stormwater Retention Volume (SWRv) requirement for the area of land disturbance within the buffer, calculated using the SWRv formula in § 520, with a P equal to one and seven-tenths (1.7) inches;

Applies for and receives relief from extraordinarily difficult site conditions for a portion of the one and seven-tenths (1.7) inch SWRv requirement and complies with the treatment and off-site retention requirements for the volume of relief granted; or

Applies for and receives a Department determination to grant relief for a portion of the one and seven-tenths (1.7) inch SWRv requirement, on-site treatment is not feasible, and complies with the alternatives to on-site treatment that the Department approves to help to protect or restore the waterbody for which the buffer is intended; and

The land disturbance is:

Required to construct, install, or repair a:

Public trail for walking, biking, or similar purposes;

Public point of access for boating, fishing, or viewing a waterbody; or

Stormwater outfall or other utility line; or

Required to enable development of the rest of the site in a manner that is similar to the proposed project.

History

SOURCE: 8 DCRR, Health Regulations (1965 Edition); as amended by the Department of Environmental Services’ Handbook for Erosion and Sediment Control (February 1977); as amended by Final Rulemaking published at 25 DCR 1033 (July 28, 1978); incorporating text of Proposed Rulemaking published at 24 DCR 10522 (June 9, 1978); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013); as amended by Final Rulemaking published at 72 DCR 012101 (October 31, 2025). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 545

21 DCMR § 546 SOIL EROSION AND SEDIMENT CONTROL: UNDERGROUND UTILITIES

546.1 If the land-disturbing activity involves work on an underground utility, the site shall comply with the following requirements:

(a) No more than five hundred linear feet (500 ft) of trench shall be open at any one time;

(b) All excavated material shall be placed on the uphill side of a trench;

(d) When natural or artificial grass filter strips are used to collect sediment from excavated material, mulches and matting shall be used in order to minimize erosion of these materials.

History

SOURCE: Final Rulemaking published at 60 DCR 10640 (July 19, 2013). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 546

21 DCMR § 547 SOIL EROSION AND SEDIMENT CONTROL: RESPONSIBLE PERSONNEL

547.1 If a site involves a land disturbance of five thousand square feet (5,000 ft2) or more, the owner of the site and the site manager shall ensure that a responsible person is present or available as this section requires.

547.2 A responsible person shall, while the site is in a phase involving land-disturbing activity, ensure that the activity complies with this chapter by:

Inspecting the site and its erosion and sediment control measures at least once biweekly and after a rainfall event to identify and remedy each potential or actual erosion problem;

Being available to respond to each potential or actual erosion problem identified by construction personnel; and

Being available to speak on site with the Department to remedy each potential or actual erosion problem.

547.3 A responsible person shall be:

Licensed in the District of Columbia as a land surveyor, architect, or civil, environmental, or geotechnical engineer; or

Certified through a training program that the Department approves, including a course on erosion control provided by another jurisdiction or professional association.

547.4 During construction, the responsible person shall have available on-site proof of professional licensing or of successful completion of a Department-approved training program.

547.5 A Department-approved training program shall cover the following topics, as demonstrated in the training syllabus:

(a) The detrimental effects of sediment pollution to waterbodies;

(b) The benefits of proper and effective erosion and sediment control implementation and maintenance;

(d) A description of sediment as a pollutant;

(e) The process of:

(1) Erosion;

(2) Sediment transport; and

(3) Sediment deposition;

(f) Proper implementation of erosion and sediment control;

(g) Recognition and correction of improperly implemented erosion and sediment controls;

(h) Proper maintenance of erosion and sediment controls; and

(i) Responsibilities of supervisory and enforcement personnel.

History

SOURCE: Final Rulemaking published at 60 DCR 10640 (July 19, 2013); as amended by Final Rulemaking published at 67 DCR 818 (January 31, 2020). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 547

21 DCMR § 552 [RESERVED]

History

SOURCE: Final Rulemaking published at 60 DCR 10640 (July 19, 2013); as amended by Final Rulemaking published at 67 DCR 818 (January 31, 2020); as amended by Final Rulemaking published at 72 DCR 012101 (October 31, 2025). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 552

21 DCMR § 553 NOTICE OF PROPOSED STORMWATER FEE RATE CHANGE AND PUBLIC HEARING

553.1 Except as provided in § 6(c) of the District of Columbia Administrative Procedure Act, approved October 21, 1968, D.C. Official Code § 2-505(c), before establishing or changing fees used to fund the District's costs of complying with the National Pollution Discharge Elimination System permit for the municipal separate storm sewer system (MS4 Permit), including the costs of the Stormwater Administration, the Water and Sewer Authority's costs for billing and collecting the stormwater fee, and all administrative, operating, and capital costs associated with the stormwater management activities in the District of Columbia, the Director shall first publish notice of his or her intention to do so in the D.C. Register. The notice may also be published in a newspaper of general circulation in the District of Columbia.

553.2 The notice shall state as follows:

(a) The rate under consideration by the Director;

(b) The date, time, and location of a public hearing to be held by the Director on the proposed rate, or a statement that the date, time and location will be specified in a forthcoming notice;

(d) The requirements of § 554 of this chapter.

History

SOURCE: Final Rulemaking published at 55 DCR 10004 (September 26, 2008). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 553

21 DCMR § 554 PUBLIC HEARING

554.1 The hearing shall be conducted not earlier than thirty (30) days after publication of the notice specified in § 553.1 of this chapter.

554.2 The Director, or his or her designee, shall conduct the public hearing.

554.3 Any member of the public who wants to testify at the public hearing shall submit his or her name, and the name of any organization(s), if any, which he or she represents, to the Department at least three (3) days before the date of the hearing, except that this requirement may be waived by the Director at the hearing.

554.4 Statements of members of the public who are testifying on their own behalf shall be limited to five (5) minutes, and statements of those who are appearing on behalf of organizations shall be limited to ten (10) minutes, except that this requirement may be waived by the Director at the hearing.

554.5 Others present at the hearing who wish to be heard may testify after those on the witness list have been called and heard.

554.6 If, in the opinion of the Director, or his or her designee conducting the hearing, a witness is abusive or unruly, such that his or her behavior is disrupting the conduct of the hearing, the Director, or his or her designee conducting the public hearing may call for a recess, order the witness to cease the behavior, or order the witness to leave the hearing. A person who is ordered to leave a hearing may submit written comments, pursuant to the requirements of this section.

554.7 In addition to, or in place of, oral testimony, members of the public may submit written testimony or comments during the period specified in the notice of proposed ratemaking. Either form of comment shall be given equal weight.

History

SOURCE: Final Rulemaking published at 55 DCR 10004 (September 26, 2008). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 554

21 DCMR § 555 ADOPTION OF STORMWATER FEE

555.1 Following the completion of the hearing and the comment period specified in the notice of the proposed stormwater fee adjustment, a rate may be established or adjusted by the Director.

555.2 An approved stormwater fee shall take effect on the date identified in the final rulemaking published in the D.C. Register.

History

SOURCE: Final Rulemaking published at 55 DCR 10004 (September 26, 2008). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 555

21 DCMR § 556 STORMWATER FEES

556.1 Effective May 1, 2009, the stormwater fee collected from each District of Columbia retail water and sewer customer shall be based upon the Equivalent Residential Unit (ERU). An ERU is defined as 1,000 square feet of impervious area of real property.

556.2 A residential customer means a single-family dwelling used for domestic purposes, a condominium or apartment unit where each unit is served by a separate service line and is individually metered and the unit is used for domestic purposes, or a multifamily structure of less than four apartment units where all the units are served by a single service line that is master metered. Residential customers shall be assessed ERUs for the square feet of impervious surface on the property, as follows:

(a) 0.6 ERUs for 100 to 600 square feet of impervious surface;

(b) 1.0 ERU for 700 to 2,000 square feet of impervious surface;

(d) 3.8 ERUs for 3,100 to 7,000 square feet of impervious surface;

(e) 8.6 ERUs for 7,100 to 11,000 square feet of impervious surface; and

(f) 13.5 ERUs for 11,100 square feet or more of impervious surface.

556.3 All non-residential customers shall be assessed ERU(s) based upon the total amount of impervious area on each lot. This total amount of impervious area shall be converted into ERU(s), reduced to the nearest 100 square feet. Non-residential customers shall include all customers not within the residential class.

556.4 Impervious-only properties are properties that have not, prior to May 1, 2009, had metered water/sewer service and require the creation of new customer accounts for billing of stormwater fees. The DC Water and Sewer Authority, pursuant to the Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996, effective April 18, 1996 (D.C. Law 11-111, §§ 203(3), (11) and 216; D.C. Official Code §§ 34-2202.03(3), (11)), shall establish accounts for and bill these impervious-only properties for stormwater fees pursuant to its regulations in 21 DCMR Chapter 41.

556.5 The charge for one Equivalent Residential Unit (ERU) shall be two dollars and sixty-seven cents ($2.67) per month. This charge shall become effective November 1, 2010.

556.6 A landlord shall not pass a stormwater charge to a tenant that is more than the stormwater charge prescribed by the Director.

History

SOURCE: Final Rulemaking published at 55 DCR 10004 (September 26, 2008); as amended by Final Rulemaking published at 56 DCR 3114 (April 24, 2009); as amended by Final Rulemaking published at 57 DCR 10204, 10205 (October 29, 2010). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 556

21 DCMR § 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, as amended (D.C. Law 17-371; D.C. Official Code §§ 8-152.01 et seq.).

History

SOURCE: Final Rulemaking published at 60 DCR 10732 (July 19, 2013).

21 DCMR § 558 STORMWATER FEE DISCOUNT PROGRAM: ELIGIBILITY

558.1 The stormwater fee discount program shall apply to each retail District of Columbia Water and Sewer Authority (DC Water) customer that pays the stormwater fee described in § 556 of this chapter.

558.2 The District Department of the Environment (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:

As a recurring subtraction from the stormwater fee billed pursuant to § 556;

Beginning no later than the billing period that follows DC Water’s processing of the discount; and

For the stormwater fee discount period that 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:

The eligible BMP’s installation date; or

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:

Be otherwise eligible to receive a discount;

Provide documentation verifying the date of installation;

Prove that the practice installed is still functional;

Allow the Department to inspect each BMP identified on the application; and

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; and

(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) Designs;

(B) Technical specifications; and

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;

Comply with all applicable construction codes;

Be properly sized and located;

Be designed and functioning in accordance with:

Applicable industry and professional standards and specifications in effect at the time of installation; and

(2) The Department’s Stormwater Management Guidebook; 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 otherwise transferred to a new owner; except that the new owner may direct the Department to use the technical information from the earlier approved application in support of the new discount.

History

SOURCE: Final Rulemaking published at 60 DCR 10732 (July 19, 2013); as amended by Final Rulemaking published at 63 DCR 9665 (July 22, 2016). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 558

21 DCMR § 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 Equivalent Residential Unit (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);

(d) Multiply the step “(c)” result by the stormwater fee per ERU specified in § 556;

(e) Except that, for a rain barrel, the Department may allow the calculation method in § 559.6(e) to be used.

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 District of Columbia Water and Sewer Authority bill beginning with the billing period that follows the District Department of the Environment’s (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 that the BMP(s) manages, in square feet, after taking into consideration the runoff coefficients of this chapter for each land cover type;

(b) Divide the step “(a)” result by the original total area of impervious surface, and express the quotient as a percentage;

(d) Multiply the percentage result from step “(c)” by the stormwater fee per ERU specified in § 556; and

(e) For rainwater harvesting, including a rain barrel and a cistern, add:

The product of multiplying the stormwater fee by 0.13 ERU per rain barrel installed; or

(2) The discount calculated using the methodology of § 559.2.

History

SOURCE: Final Rulemaking published at 60 DCR 10732 (July 19, 2013); as amended by Final Rulemaking published at 63 DCR 9665 (July 22, 2016). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 559

21 DCMR § 560 Stormwater Fee Discount Program: Inspection

560.1 The District Department of the Environment (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 the owner, or the owner’s agent, including:

(a) The customer identified in the District of Columbia Water and Sewer Authority’s records;

(b) A tenant; or

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.

History

SOURCE: Final Rulemaking published at 60 DCR 10732 (July 19, 2013).

21 DCMR § 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 District Department of the Environment (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.

History

SOURCE: Final Rulemaking published at 60 DCR 10732 (July 19, 2013).

21 DCMR § 562 Stormwater Fee Discount Program: Denial, Reduction, or Revocation of Stormwater Fee Discount

562.1 The District Department of the Environment (Department) may make a decision to:

Deny an application for a discount or discount period, in whole or in part; and

Reduce or revoke a discount for a Best Management Practice’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:

Each deficiency;

Corrective action necessary;

Deadline, if any;

The proposed denial, reduction, or revocation of a discount;

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.

History

SOURCE: Final Rulemaking published at 60 DCR 10732 (July 19, 2013).

21 DCMR § 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 District Department of the Environment (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, as amended (D.C. Law 14-76; D.C. Official Code, §§ 2-1831.01 et seq.), 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;

(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:

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

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:

To the Department when a party challenges the Department’s suspension, revocation, or termination of a:

License;

Permit;

Continuation of an approval; or

Other right;

To the party who asserts an affirmative defense; and

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.

History

SOURCE: Final Rulemaking published at 60 DCR 10732 (July 19, 2013).

21 DCMR § 564 CLEAN RIVERS IMPERVIOUS SURFACE AREA CHARGE RELIEF PROGRAM FOR NONPROFIT ORGANIZATIONS

564.1 The provisions in this section and Sections 565 through 570 provide the eligibility criteria, payment guidance, and appeal procedures for the Clean Rivers Impervious Surface Area Charge (CRIAC) Relief Program for Nonprofit Organizations (CRIAC Nonprofit Relief Program).

564.2 The purpose of the CRIAC Nonprofit Relief Program is to assist nonprofit organizations in the District with payment of the DC Water CRIAC on eligible properties. The CRIAC is billed monthly for individual properties, defined by the unique Square, Suffix, and Lot, and calculated based on the number of equivalent residential units (ERUs), on certain properties.

564.3 Benefits will only be granted for the portion of a nonprofit’s property that meets the requirements of § 565.1 and 565.2, hereinafter referred to as “eligible ERU” or “eligible impervious area” in this chapter.

564.4 Benefits granted to a nonprofit organization by the CRIAC Nonprofit Relief Program may not exceed the amount of the CRIAC on the nonprofit organization’s water and sewer bill, when combined with any DC Water Clean Rivers Impervious Surface Area Charge Incentive Discount.

564.5 Benefits granted through the CRIAC Nonprofit Relief Program shall be applied as a credit on the water and sewer bill, provided that:

(a) Nothing in this chapter shall be interpreted to mean that a benefit provided to a nonprofit organization through the CRIAC Nonprofit Relief Program is an entitlement, continuing or otherwise;

(b) Benefits provided by the Department under the CRIAC Nonprofit Relief Program are subject to the availability of funds; and

(c) If the Department determines that remaining available funds may be insufficient to provide further benefits during a fiscal year, the Department may:

(1) Suspend the process of taking applications;

(2) Suspend the process of awarding benefits; or

(3) Lower the level of benefit established by section 568.3 as necessary based on the available funds.

History

SOURCE: Final Rulemaking published at 66 DCR 12966 (October 4, 2019). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 564

21 DCMR § 565 Eligibility Criteria FOR Properties of NONPROFIT ORGANIZATIONS

565.1 To be eligible for relief under the CRIAC Nonprofit Relief Program for the CRIAC assessed on a particular property, an organization shall, with respect to that property:

Have an active DC Water account and responsibility for paying DC Water’s CRIAC; and

Meet at least one of the following conditions:

Have obtained, from the District’s Office of Tax and Revenue (OTR), a real property tax exemption, pursuant to:

D.C. Official Code § 47-1002(12) (certain cemeteries);

D.C. Official Code § 47-1002(13) and (14) (certain property of religious institutions): or

D.C. Official Code § 47-1002(8) (certain charitable institutions); or

D.C. Official Code § 47-1002(32) (certain continuing care retirement communities); or

Maintain a current license, from the Department of Insurance, Securities, and Banking (DISB), as a continuing care retirement facility for a property that is exempt from District real property tax, pursuant to D.C. Official Code §§ 44-151.01 et seq; or

Have obtained, from OTR, an exemption from possessory interest tax pursuant to D.C. Official Code § 47-1005.01 for a use described in D.C. Official Code §§ 47-1002(8), (12), (13), (14), and (32).

565.2 If a portion of the property has a use other than the eligible uses described in § 565.1, or is otherwise excluded from benefits under these rules, to determine the eligible impervious area or eligible ERUs for the remainder of the property, the Department may:

Use the percent of real property improvements for which OTR has granted real property tax exemption;

Use the DC Water-calculated amount of eligible ERUs, as available; or

Estimate the eligible ERUs, using at a minimum, aerial photography and other relevant information, as available.

565.3 In addition to § 565.1 above, for a property to be eligible for the CRIAC Nonprofit Relief Program, the nonprofit organization shall:

Show significant financial hardship in paying its CRIAC in accordance with § 565.4;

At the Department’s request, allow the Department, or an organization approved by the Department, to visit the site of the nonprofit organization and recommend potential stormwater mitigation project(s) on the site;

Submit for the Department’s approval, a written proposal to mitigate stormwater runoff through one of the following:

Install and maintain on the site of the nonprofit organization a stormwater runoff mitigation project that meets the requirements of § 565.5;

If a stormwater runoff mitigation project on the site of the nonprofit organization is infeasible, implement or have implemented an alternative, off-site stormwater runoff mitigation measure or activity in the District that meets the requirements of § 565.6;

Maintain on the site of the nonprofit organization an existing stormwater mitigation project that meets the requirements of § 565.5; or

For a major regulated project, as defined in § 599, maintain compliance with the Stormwater Management Performance Requirements in §§ 520 and 522;

For any project under paragraphs (c)(1) and (c)(2) of this subsection, complete, implement, or have implemented the stormwater mitigation project within one (1) year after receiving the Department’s approval of the written proposal; and

Submit to the Department:

A copy of the most recently submitted FP-161 Exempt Property Use Report; and

If applicable, a copy of the most recent, active Permanent License as a Continuing Care Retirement Community, issued by DISB.

565.4 For eligible organizations, as determined by § 565.1(b), significant financial hardship, as referred to in § 565.3(a), shall be established as follows:

For an organization that is required to file a U.S. Department of the Treasury, Internal Revenue Service (IRS) form 990, or that has filed said form voluntarily, submit the most recent filed copy of the IRS Form 990, provided that it was filed within the last two completed tax years, and a signed declaration, executed under penalty of perjury, attesting that the annual CRIAC is at least one percent (1%) of the organization’s annual revenue, less expenses, as reported on Part I, Line 19 of the IRS Form 990.

For an organization that, in the most recent completed fiscal year, was not required by the IRS to file, or has not voluntarily filed, an IRS form 990, submit a signed declaration and income statement, consistent with the requirements of an IRS Form 990, executed under penalty of perjury, prepared in accordance with standard accounting practices, documenting that the annual CRIAC is at least one percent (1 %) of the organization's annual revenue, less expenses.

The Department will apply best practices, such as testing a subset of signed declarations, to help ensure that the submission and declaration process is valid.

(2) For the purposes of this provision, fiscal year is defined as twelve (12) consecutive months ending on the last day of any month used as an annual accounting period by the eligible organization for keeping records and reporting income and expenses.

565.5 For an on-site stormwater mitigation project to qualify under §§ 565.3(c)(1) or (c)(3), the organization must:

Plant, or have planted after May 1, 2009, one tree per eligible ERU on the property of the nonprofit organization for which the CRIAC benefit is sought; or

Manage ten percent (10%) of the eligible impervious area through the installation of BMPs that are eligible for a Stormwater Fee Discount as described in § 558.

565.6 For an off-site stormwater mitigation project to qualify under § 565.3(c)(2), the organization must:

Obtain and retire ten (10) Stormwater Retention Credits (SRCs) per eligible ERU, which may be SRCs obtained prior to the commencements of the CRIAC Nonprofit Relief Program; or

Elect to use a portion of their approved benefit, equal to the current market value of ten (10) SRCs per eligible ERU, to fund stormwater mitigation efforts elsewhere in the District. The Department shall use this funding through a Department program to provide stormwater mitigation on behalf of the organization.

565.7 An eligible nonprofit organization may implement a combination of the above stormwater mitigation options, including on-site and off-site, to receive benefits.

565.8 As a requirement of continued eligibility in the CRIAC Nonprofit Relief Program:

(a) A nonprofit organization that met the requirements of § 565.3(c) in whole or in part through on-site stormwater mitigation must both meet the requirements of § 565.5 and:

Properly maintain the tree(s), or maintain the qualifying BMP(s) so that it continues to function as designed and approved; and

Allow the Department access to the property to inspect the tree or BMP; or

(b) A nonprofit organization that met the requirements of § 565.3(c) in whole or in part through off-site stormwater mitigation must, as applicable:

Retire ten (10) SRCs per eligible ERU annually; or

History

SOURCE: Final Rulemaking published at 66 DCR 12966 (October 4, 2019). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 565

21 DCMR § 566 INITIAL APPLication

566.1 In order to obtain CRIAC benefits, a nonprofit organization must submit an application to the Department prior to September 1 of the fiscal year in which relief is sought.

566.2 A nonprofit organization applying for benefits will submit a separate application for any non-adjacent property.

566.3 The application shall be submitted on such forms, in hard copy or electronically, as the Department may designate.

566.4 The Department shall notify the applicant whether the funding request has been approved, denied, or if additional information is needed to make a determination. Incomplete applications shall be returned to the applicant.

History

SOURCE: Final Rulemaking published at 66 DCR 12966 (October 4, 2019). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 566

21 DCMR § 567 RENEWAL APPLICATION

567.1 Renewal applications must be received by the Department prior to September 1 of the fiscal year in which relief is sought.

567.2 Upon receipt of a renewal application, the Department may perform an inspection to verify that the BMP or stormwater mitigation project remains eligible for the discount.

567.3 For a renewal applicant who had proposed a stormwater mitigation project, the applicant shall submit proof that the organization made a reasonable and good faith effort, as determined by the Department, to fulfill its proposal.

History

SOURCE: Final Rulemaking published at 66 DCR 12966 (October 4, 2019). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 567

21 DCMR § 568 approval; amount and duration of BENEFITS

568.1 If the Department approves a CRIAC Nonprofit Relief Program application, the benefits shall be available for the entire fiscal year (October 1 – September 30) in which the application was submitted, based on the availability of funds, provided that the nonprofit remains eligible, as described in § 565.1 and 565.2.

568.2 The Department shall determine the benefits available under the CRIAC Nonprofit Relief Program, equivalent to a specific percentage of the organization’s CRIAC, taking into account the following:

(a) The availability of funds;

(b) The number of eligible organizations ; and

568.3 The Department may calculate a retroactive benefit to account for the period from the start of the fiscal year in which the application or renewal application was received through the date of approval, which would be provided as a one-time credit on the nonprofit’s water and sewer bill.

History

SOURCE: Final Rulemaking published at 66 DCR 12966 (October 4, 2019). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 568

21 DCMR § 569 Denial, Reduction, or Revocation of Benefits

569.1 The Department may:

Deny an application for a benefit period based on an applicant’s failure to meet the eligibility requirements of the CRIAC Nonprofit Relief Program, or deny an application in whole or in part based on lack of available funding;

Reduce or revoke a benefit for:

A tree that the Department determines is unhealthy or dying;

The failure of the BMP to retain the stormwater runoff volume for which the discount was approved, or

The organization’s failure to obtain SRCs; and

Require reimbursement of any portion of the benefits, based on the organization’s:

Submission of false or invalid documentation, including:

Documents required to be filed under § 565.4 to establish financial hardship; and

Other required application materials; or

Failure to make a good faith effort to fulfill the stormwater mitigation project required in § 565.3(c) or § 565.5 that generated the CRIAC benefit.

569.2 The Department shall provide notice of a decision to the nonprofit organization, stating the basis for the decision and the organization’s right to appeal the Department’s decision, as provided in § 570.

569.3 If denial, reduction, or revocation is based on failure to maintain or fulfill the terms of a project as proposed, notice shall also include a statement of:

Each deficiency;

Corrective action necessary;

Deadline for completion of the corrective action, if any; and

The requirement, if any, for an inspection or re-inspection by the Department.

569.4 The Department may extend the period for corrective action for good cause shown.

569.5 The nonprofit organization shall not have a right to appeal a reduction, suspension, or revocation of CRIAC benefit that is based on a lack of available funding.

History

SOURCE: Final Rulemaking published at 66 DCR 12966 (October 4, 2019). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 569

21 DCMR § 570 ADMINISTRATIVE APPEALS

570.1 With respect to a matter governed by Sections 564 through 569 of this chapter, an organization adversely affected or aggrieved by an action of the Department may file a written appeal to the Director of the Department, or the Director’s designee, stating the basis of the appeal, and providing any information or material that would support a change to the Department’s action. The appeal must be filed within fifteen (15) calendar days after receipt of the notice of the action.

570.2 The decision of the Director or the Director’s designee upon appeal shall become the final action of the Department. An organization may seek review of that decision with, and request a hearing before, the Office of Administrative Hearings (OAH) within thirty (30) days of the Department’s action. Prehearing practice and the conduct of the hearing shall be in accordance with the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code §§ 2-1801 et seq.) and the regulations set forth at Title 1, Chapter 28 of the District of Columbia Municipal Regulations.

History

SOURCE: Final Rulemaking published at 66 DCR 12966 (October 4, 2019). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 570

21 DCMR § 599 DEFINITIONS

599.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Advanced Design (AD) - Detailed design for an area of a project described explicitly in a:

Stage Two (2) Planned Unit Development (PUD) application to the District Zoning Commission;

Application for design review under the Capitol Gateway Overlay District to the District Zoning Commission; and

Final design submission to the National Capital Planning Commission (NCPC).

Affordable Housing – a single-family or two-family house that is built to be offered for rent or for sale for residential occupancy below market value and is made available to, and affordable to, a household whose income is equal to, or less than, eighty percent (80%) of the Area Median Income calculation provided by the United States Department of Housing and Urban Development.

Anacostia Waterfront Development Zone (AWDZ) - the following areas of the District of Columbia, as delineated on a map in the Department’s Stormwater Management Guidebook:

Interstate 395 and all rights-of-way of Interstate 395, within the District, except for the portion of Interstate 395 that is north of E Street, S.W., or S.E.;

All land between that portion of Interstate 395 that is south of E Street, S.W. or S.E., and the Anacostia River or Washington Channel;

All land between that portion of Interstate 695, and all rights of way, that are south of E Street, S.W. or S.E., and the Anacostia River;

The portion of Interstate 295 that is north of the Anacostia River, within the District, and all rights-of-way of that portion of Interstate 295;

All land between that portion of Interstate 295 that is north of the Anacostia River and the Anacostia River;

The portions of:

The Anacostia Freeway that are north or east of the intersection of the Anacostia Freeway and Defense Boulevard and all rights-of-way of that portion of the Anacostia Freeway;

Kenilworth Avenue that extend to the northeast from the Anacostia Freeway to Eastern Ave; and

Interstate 295, including its rights-of-way that are east of the Anacostia River and that extends to the southwest from the Anacostia Freeway to Defense Boulevard;

All land between those portions of the Anacostia Freeway, Kenilworth Avenue, and Interstate 295 described in subparagraph (f) of this definition and the Anacostia River;

All land that is adjacent to the Anacostia River and designated as parks, recreation, and open space on the District of Columbia Generalized Land Use Map, dated January 2002, except for the land that is:

North of New York Avenue, N.E.;

East of the Anacostia Freeway, including rights-of-way of the Anacostia Freeway;

East of the portion of Kenilworth Avenue that extends to the northeast from the Anacostia Freeway to Eastern Avenue;

East of the portion of Interstate 295, including its rights-of-way, that is east of the Anacostia River and that extends to the southwest from the Anacostia Freeway to Defense Boulevard, but excluding the portion of 295 and its rights-of-way that go to the northwest across the Anacostia River;

Contiguous to that portion of the Suitland Parkway that is south of Martin Luther King, Jr. Avenue; or

South of a line drawn along, and as a continuation both east and west of the center line of the portion of Defense Boulevard between Brookley Avenue, S.W., and Mitscher Road, S.W.;

All land, excluding Eastern High School, that is:

Adjacent to the land described in subparagraph (h) of this definition;

West of the Anacostia River; and

Designated as a local public facility on the District of Columbia Generalized Land Use Map, dated January 2002;

All land that is:

South or east of that portion of Potomac Avenue SE, between Interstate 295 and 19th Street, S.E.; and

West or north of the Anacostia River;

The portion of the Anacostia River within the District; and

The Washington Channel.

Anacostia Waterfront Development Zone Site (AWDZ site) - A site within the Anacostia Waterfront Development Zone that undergoes a major regulated project that is publicly owned or publicly financed.

Animal confinement area - An area, including a structure, used to stable, kennel, enclose, or otherwise confine animals, not including confinement of a domestic animal on a residential property.

Applicant - A person or their agent who applies for approval pursuant to this chapter.

As-built plan - A set of architectural, engineering, or site drawings, sometimes including specifications that certifies, describes, delineates, and presents details of a completed construction project.

Athletic playing fields - Compacted land cover and synthetic surfaces that are constructed primarily for use for athletic activities at schools and public parks. Compacted land cover and synthetic surfaces for which athletic activities are not the primary use are not considered athletic playing fields, unless these areas are necessary to support use of an adjacent area that is primarily used for athletic activities.

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.

Buffer - An area along a stream, river, or other natural feature that provides protection for that feature.

Building permit - Authorization for construction activity issued by the District of Columbia Department of Consumer and Regulatory Affairs.

Clearing - The removal of trees and brush from the land excluding the ordinary mowing of grass, pruning of trees or other forms of long-term landscape maintenance.

Combined sewer overflow (CSO) – The discharge of untreated effluent into a water body as a result of the combined volume of stormwater and sanitary water exceeding the capacity of the combined sewer system and wastewater treatment plant.

Combined sewer system (CSS) – Sewer system in which stormwater runoff is conveyed together with sanitary wastewater through sewer lines to a wastewater treatment plant.

Common plan of development - Multiple, separate, and distinct land-disturbing, substantial improvement, or other construction activities taking place under, or to further, a single, larger plan, although they may be taking place at different times on different schedules.

Compacted cover - An area of land that is functionally permeable, but where permeability is impeded by increased soil bulk density as compared to natural cover, such as through grading, construction, or other activity and will require regular human inputs such as periodic planting, irrigation, mowing, or fertilization. Examples include landscaped planting beds, lawns, or managed turf.

Control measure - Technique, method, device, or material used to prevent, reduce, or limit discharge.

Construction - Activity conducted for the:

Building, renovation, modification, or razing of a structure; or

Movement or shaping of earth, sediment, or a natural or built feature.

Construction Codes – The District of Columbia’s Construction Codes administered by the District of Columbia 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 of Columbia’s code official.

CRIAC - DC Water’s Clean Rivers Impervious Surface Area Charge or Clean Rivers Impervious Area Charge.

Critical area stabilization - Stabilization of areas highly susceptible to erosion, including down-slopes and side-slopes, through the use of brick bats, straw, erosion control blanket mats, gabions, vegetation, and other control measures.

Cut - An act by which soil or rock is dug into, quarried, uncovered, removed, displaced, or relocated and the conditions resulting from those actions.

DC Water – The District of Columbia Water and Sewer Authority.

Demolition - The removal of part or all of a building, structure, or built land cover.

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.

Department of Consumer and Regulatory Affairs (DCRA) – The District of Columbia Department of Consumer and Regulatory Affairs.

Department’s submittal database - An online platform managed by the Department and accessible to the public that the Department uses to receive applications and make approval determinations.

Detention - Controlling the peak discharge rate of stormwater from a site.

Dewatering - Removing water from an area or the environment using an approved technology or method, such as pumping.

Director - The Director of the District Department of the Environment.

District - The District of Columbia.

Drainage area - Area contributing runoff to a single point.

Easement - A right acquired by a person to use another person’s land for a special purpose.

Electronic media - Means of communication via electronic equipment, including the internet.

Erosion - The process by which the ground surface, including soil and deposited material, is worn away by the action of wind, water, ice, or gravity.

Excavation - An act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated and the conditions resulting from those actions.

Exposed area - Land that has been disturbed or land over which unstabilized soil or other erodible material is placed.

Equivalent Residential Unit (ERU) –A measure of impervious area based on one thousand (1,000) square feet of impervious surface area, taking account of a statistical median of residential properties. The number of ERUs is determined based on the amount of impervious area and the customer’s classification as residential, multi-family, or non-residential.

Grading - Causing disturbance of the earth, including excavating, filling, stockpiling of earth materials, grubbing, root mat or topsoil disturbance, or any combination of them.

Impervious cover - A surface area which has been compacted or covered with a layer of material that impedes or prevents the infiltration of water into the ground, examples include conventional streets, parking lots, rooftops, sidewalks, pathways with compacted sub-base, and any concrete, asphalt, or compacted gravel surface and other similar surfaces.

Infiltration - The passage or movement of surface water through the soil profile.

Land cover - Surface of land that is impervious, compacted, or natural.

Land cover change - Conversion of land cover from one type to another, typically in order to comply with a requirement of this chapter or to earn certification of a Stormwater Retention Credit.

Land-disturbing activity - Movement of earth, land, or sediment that disturbs the land surface and the related use of pervious land to support that movement. Land-disturbing activity includes stripping, grading, grubbing, trenching, excavating, transporting, and filling of land, as well as the use of pervious adjacent land for movement and storage of construction vehicles and materials. Land-disturbing activity does not include repaving or remilling that does not expose the underlying soil.

Low Impact Development (LID) - A land planning and engineering design approach to manage stormwater runoff within a development footprint. It emphasizes conservation, the use of on-site natural features, and structural best management practices to store, infiltrate, evapotranspire, retain, and detain rainfall as close to its source as possible with the goal of mimicking the runoff characteristics of natural cover.

Major land-disturbing activity - Activity that disturbs, or is part of a common plan of development that disturbs, a land area of five thousand square feet (5,000 ft2) or greater, and:

Some area of the pre-project land cover is natural; or

(b) Two thousand five hundred square feet (2,500 ft2) or greater of the post-project land cover is impervious.

Multiple distinct areas that each disturb less than five thousand square feet (5,000 ft2) of land and that are in separate, non-adjacent sites do not constitute a major land-disturbing activity.

Major regulated project - A major land-disturbing activity or a major substantial improvement activity.

Major substantial improvement activity - Substantial improvement activity and associated land-disturbing activity, including such activities that are part of a common plan of development, for which the combined footprint of improved building and land-disturbing activity is five thousand square feet (5,000 ft2) or greater, and:

Some area of the pre-project land cover is natural; or

Two thousand five hundred square feet (2,500 ft2) or greater of the post-project land cover is impervious.

A major substantial improvement activity may include a substantial improvement activity that is not associated with land disturbance.

Market value of a structure - Assessed value of the structure for the most recent year, as recorded in the real property assessment database maintained by the District of Columbia’s Office of Tax and Revenue.

Natural cover - Land area that is dominated by vegetation and does not require regular human inputs such as irrigation, mowing, or fertilization to persist in a healthy condition. Examples include forest, meadow, or pasture.

Nonstructural Best Management Practice (BMP) - A land use, development, or management strategy to minimize the impact of stormwater runoff including conservation of natural cover or disconnection of impervious surface.

Off-site retention - Use of a stormwater retention credit or payment of in-lieu fee in order to achieve an off-site retention volume under these regulations.

Off-Site Retention Volume (Offv) - A portion of a required stormwater retention volume or required Water Quality Treatment Volume that is not retained on site.

On-site retention - Retention of a site’s stormwater on that site or via conveyance to a shared best management practice on another site.

On-site stormwater management - Retention, detention, or treatment of stormwater on site or via conveyance to a shared best management practice.

Original Stormwater Retention Credit (SRC) owner - A person who is indicated as the proposed SRC owner in an application to the Department for the certification of an SRC. The proposed SRC owner becomes the original SRC owner upon the Department’s certification of the SRC.

Owner - The person who owns real estate or other property, or that person’s agent.

Peak discharge - The maximum rate of flow of water at a given point and time resulting from a storm event.

Permeable athletic track - A surface, including a surface made of synthetic material, located at a school or public park that is used for athletic purposes including biking, running, and walking, and that allows the infiltration of water into the ground.

Permeable playground surface - A surface, including a surface made of synthetic material, located under a playground area at a school or public park, that allows the infiltration of water into the ground.

Person - A legal entity, including an individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, cooperative, the District government and its agencies, and the federal government and its agencies.

Post-development - Describing conditions that may be reasonably expected to exist after completion of land development activity on a site.

Practice - A system, device, material, technique, process, or procedure that is used to control, reduce, or eliminate an impact from stormwater; except where the context indicates its more typical use as a term describing a custom, application, or usual way of doing something.

Pre-development - Describing conditions of meadow land and its relationship to stormwater before human disturbance of the land.

Pre-project - Describing conditions, including land covers, on a site that exist before the construction described in a stormwater management plan has begun.

Publicly-owned or publicly-financed project – A project:

(a) That is District-owned or District-instrumentality owned;

(b) Where at least fifteen percent (15%) of a project’s total cost is District-financed or District-instrumentality financed; or

That includes a gift, lease, or sale from District-owned or District instrumentality-owned property to a private entity.

Public Right of Way (PROW) - The surface, the air space above the surface (including air space immediately adjacent to a private structure located on public space or in a public right of way), and the area below the surface of any public street, bridge, tunnel, highway, railway track, lane, path, alley, sidewalk, or boulevard.

Public Space - All the publicly owned property between the property lines on a street, park, or other public property as such property lines are shown on the records of the District. This includes any roadway, tree space, sidewalk, or parking between such property lines, but it excludes adjacent parks and other public property that is not associated with the public right of way

Raze - The complete removal of a building or other structure down to the ground or to its foundation.

Record drawing - The final annotated set of engineering drawings for a construction project, which includes all deviations, field changes, approved changes, constructed depths of footing and structural elements, and horizontal and vertical locations of utility facilities referenced to survey data.

Responsible person - Construction personnel knowledgeable in the principles and practices of erosion and sediment control and certified by a Department-approved soil erosion and sedimentation control training program to assess conditions at the construction site that would impact the effectiveness of a soil erosion or sediment control measure on the site.

Retention - Keeping a volume of stormwater runoff on site through infiltration, evapo-transpiration, storage for non-potable use, or some combination of these.

Retention capacity - The volume of stormwater that can be retained by a best management practice or land cover.

Retention failure - Failure to retain a volume of stormwater for which there is an obligation to achieve retention, including retention that an applicant promises to achieve in order to receive Department-certified Stormwater Retention Credits. Retention failure may result from a failure in construction, operation, or maintenance; a change in stormwater flow; or a fraud, misrepresentation, or error in an underlying premise in an application.

Retrofit - A best management practice or land cover installed in a previously developed area to improve stormwater quality or reduce stormwater quantity relative to current conditions.

Runoff - That portion of precipitation (including snow-melt) which travels over the land surface, and also from rooftops, either as sheetflow or as channel flow, in small trickles and streams, into the main water courses.

Sediment - Soil, including soil transported or deposited by human activity or the action of wind, water, ice, or gravity.

Sedimentation - The deposition or transportation of soil or other surface materials from one place to another as a result of an erosion process.

Shared Best Management Practice (S-BMP) - A Best Management Practice (BMP), or combination of BMPs, providing stormwater management for stormwater conveyed from another site or sites.

Single- or two-family house - An individual house, townhouse, or rowhouse designed and used for occupancy by one or two families. An individual house, townhouse, or rowhouse that has been physically altered for use by more than one or two families is not considered a single- or two-family house.

Site - A tract, lot or parcel of 1and, or a combination of tracts, 1ots, or parcels of land for which development is undertaken as part of a unit, sub-division, or project. The mere divestiture of ownership or control does not remove a property from inclusion in a site.

Site Drainage Area (SDA) - The area that drains stormwater from the site to a single discharge point or sheet flows from a single area off the site.

Soil - All earth material of whatever origin that overlies bedrock and may include the decomposed zone of bedrock which can be readily excavated by mechanical equipment.

Soil Erosion and Sediment Control Plan - A set of drawings, calculations, specifications, details, and supporting documents related to minimizing or eliminating erosion and off-site sedimentation caused by stormwater on a construction site. It includes information on construction, installation, operation, and maintenance.

Soils report - A geotechnical report addressing all erosion and sediment control-related soil attributes, including but not limited to site soil drainage and stability.

Storm sewer - A system of pipes or other conduits which carries or stores intercepted surface runoff, street water, and other wash waters, or drainage, but excludes domestic sewage and industrial wastes.

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.

Stormwater Management Guidebook (SWMG) - The current manual published by the Department, and available on the Department’s website, containing design criteria, specifications, and equations to be used for planning, design, construction, operation, and maintenance of a site and each best management practice on the site.

Stormwater Management Plan (SWMP) - A set of drawings, calculations, specifications, details, and supporting documents related to the management of stormwater for a site. A SWMP includes information on construction, installation, operation, and maintenance.

Stormwater Pollution Prevention Plan (SWPPP) - A document that identifies potential sources of stormwater pollution at a construction site, describes practices to reduce pollutants in stormwater discharge from the site, and may identify procedures to achieve compliance.

Stormwater Retention Credit (SRC) - One gallon (1 gal.) of retention for one (1) year, as certified by the Department.

Stormwater Retention Credit Ceiling - Maximum retention for which the Department will certify a Stormwater Retention Credit, calculated using the Stormwater Retention Volume (SWRv) equation with P equal to 1.7 inches.

Stormwater Retention Volume (SWRv) - Volume of stormwater from a site for which the site is required to achieve retention.

Stripping - An activity which removes or significantly disturbs the vegetative surface cover including clearing, grubbing of stumps and rock mat, and top soil removal.

Substantial improvement - A repair, alteration, addition, or improvement of a building or structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the improvement or repair is started.

Structural best management practice - A practice engineered to minimize the impact of stormwater runoff, including a bioretention, green roof, permeable paving system, system to capture stormwater for non-potable uses, etc.

Supplemental review - A review that the Department conducts after the review it conducts for a first re-submission of a plan.

Swale - A narrow low-lying stretch of land which gathers or carries surface water runoff.

Transition Period One (TP1) – The one hundred and eighty (180) day period of time starting upon publication of the notice of adoption as final in the D.C. Register of the stormwater retention rulemaking. TP1 ends at the close of business on January 15, 2014.

Transition Period Two A (TP2A) – For a major land-disturbing activity, the three hundred and sixty-five (365) day period of time starting at the completion of Transition Period One. TP2A ends at the close of business on January 15, 2015.

Transition Period Two B (TP2B) – For a major substantial improvement activity, the five hundred and forty-five (545) day period of time starting at the completion of Transition Period One. TP2B ends at the close of business on July 14, 2015.

Waste material - Construction debris, dredged spoils, solid waste, sewage, garbage, sludge, chemical wastes, biological materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial or municipal waste.

History

SOURCE: 8 DCRR, Health Regulations (1965 Edition); as amended by § 8-2802 of the Soil Erosion and Sedimentation Control Act of 1977 (D.C. Law 2-23; 24 DCR 792 (July 22, 1977)); as amended by § 8-2:802 of the Water Quality Standard Approval Act of 1977 (D.C. Law 2-68; 24 DCR 6809 (February 17, 1978)); as amended by Final Rulemaking published at 35 DCR 21, 28 (January 1, 1988); as amended by § 4 of the Soil Erosion and Sedimentation Control Amendment Act of 1994 (D.C. Law 10-166; 41 DCR 4892, 4893 (July 22, 1994)); as amended by Final Rulemakings published at 60 DCR 10640 (July 19, 2013) and 60 DCR 10732 (July 19, 2013); as amended by Final Rulemaking published at 66 DCR 12966 (October 4, 2019); as amended by Final Rulemaking published at 67 DCR 818 (January 31, 2020). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 599

21-6 RIPARIAN RIGHTS AND WATER PRIVILEGES

21 DCMR § 600 CONSTRUCTION, REPAIR, AND DREDGING IN D.C. WATERS

600.1 No structure shall be constructed, reconstructed, or repaired in any waters shoreward of the pierhead line unless the Mayor, pursuant to this chapter, issues a permit for the construction, reconstruction, or repair of the structure.

600.2 All structures between the bulkhead line and the pierhead line shall be of open pile construction.

600.3 No construction of wharves or piers or any other structures shall be authorized or permitted riverward beyond the pierhead line.

600.4 No private dredging shall be done in any waters shoreward of the pierhead line unless the Mayor, pursuant to this chapter, issues a permit for the dredging.

600.5 Private dredging shall be done in accordance with the terms set forth in the permit, and shall be completed within the time period prescribed in the permit.

600.6 Permits are not required for repairs which do not alter any structural parts. These facts shall be determined in each case by the Department.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is An Act of Congress, approved March 3, 1899, 30 Stat. 1377, Title 9, §§ 101 and 102; and An Act approved March 3, 1899, 30 Stat. 1151, ch. 425, §10, 33 U.S.C. §403; §412 of the District of Columbia Self-Government and Governmental Reorganization Act as amended, 87 Stat. 790, Pub. L. No. 93-198, D.C. Code §1-227(a) (1992 Repl. Vol.).

21 DCMR § 601 APPLICATION FOR A PERMIT

601.1 Application for a permit to dredge, construct, reconstruct, or repair any structure covered by this chapter shall be made to the Department of Consumer and Regulatory Affairs (also referred to in this chapter as the "Department").

601.2 Each application shall be accompanied by two (2) blueprints, showing the proposed dredging construction, reconstruction, or repair, and a statement from the District Engineer, Washington District, U.S. Army Corps of Engineers, with respect to compliance with Department of the Army regulations.

601.3 The Department shall refer the application and plans to the Engineer of Bridges for approval or suggestions for structural changes.

601.4 All work under permits shall be inspected for compliance by the Department.

History

SOURCE: Commissioners' Order No 54-576, dated March 16, 1954, 5T DCRR §2.3 (September 21, 1970).

21 DCMR § 602 TIME LIMITATIONS

602.1 All dredging, construction, reconstruction, or repairs approved shall be started within six (6) months after the date of the issuance of the permit for the work.

602.2 All work approved shall proceed to completion in accordance with the terms of the permit issued for the work.

602.3 If the work is not started within the six (6) month period provided under §602.1, the permit issued for the work shall expire.

History

SOURCE: Commissioners' Order No 54-576, dated March 16, 1954, 5T DCRR §2.4 (September 21. 1970).

21 DCMR § 603 ARTIFICIAL FILL

603.1 No artificial fill shall be deposited in any waters shoreward of the bulkhead line unless the Mayor, pursuant to this chapter, issues a permit for the deposit of the artificial fill.

603.2 Artificial fill shall be deposited in accordance with the terms of the permit, and within the time set forth in the permit.

603.3 The fill shall be confined within a structure sufficient to retain the fill or kept sufficiently shoreward of the bulkhead line to prevent sloughing of fill into the river beyond and riverward of the bulkhead line.

603.4 Any sand or gravel spilled or dropped in waters shoreward of the bulkhead line in loading or unloading, if recovered or removed promptly, shall not be subject to this section.

603.5 No artificial fill shall be authorized or permitted between the bulkhead line and the pierhead line.

History

SOURCE: Commissioners' Order No. 54-576, dated March 16, 1954, 5T DCRR §2.5 (September 21, 1970).

21 DCMR § 604 RIPARIAN RIGHTS AND WATER PRIVILEGES PETITIONS

604.1 Any person, corporation, association or other entity owning land, with riparian rights or water privileges appurtenant to that land, bordering any waters or having the right to possession of that land and appurtenances, or having riparian rights or water privileges in those waters, may file a petition in writing, to the Department seeking any or all of the following:

(a) Fixation of the boundaries of riparian or water privileges in which the petitioner is interested within the pierhead line in those waters; or

(b) A permit to deposit artificial fill within the bulkhead line in those waters.

604.2 Each petition shall consist of an original and four copies, addressed to the Mayor, and duly verified by the petitioner.

604.3 A filing fee of twenty-five dollars ($25), payable to the order of the D.C. Treasurer, shall be paid upon the filing of each petition.

604.4 Each petition (and copy of a petition) filed under this section shall have attached to it a blueprint showing the area involved.

604.5 Each petition shall name as respondents all persons, corporations, and associations whose interests will be affected by the prayers for relief in the petition.

604.6 Within ten (10) days (unless the Mayor shall for cause extend that time) after the filing of the petition, each petitioner shall file with the Mayor an affidavit showing that a copy of the petition was served upon each party named as respondent in the petition personally or by mail, postage prepaid, to the last known address of the respondent.

604.7 If the petitioner fails to name and serve all interested parties, the Mayor shall have the right to defer any hearing in the matter until the petitioner establishes by affidavit that all interested parties have been served as provided for in this chapter.

604.8 Each party served shall have ten (10) days from the date of service upon that party to file a response setting forth any objections or consent to the relief, action, or permit sought in the petition.

History

SOURCE: Commissioners' Order No. 54-576, dated March 16, 1954, 5T DCRR §3.1 (September 21, 1970).

21 DCMR § 605 INITIATION OF PROCEEDINGS BY THE DISTRICT

605.1 The Mayor may initiate proceedings under this chapter to regulate, control, determine, or locate any property, right, or privilege covered by this chapter. The Mayor may also initiate proceedings to modify, correct, change, or alter actions taken under this chapter.

605.2 In any proceedings initiated by the Mayor, notice of the hearing fixed by the Mayor shall be given to all interested parties listed on the records of the Assessor of the District of Columbia as the owners of the properties, rights, and privileges affected, by following the procedures set forth in this chapter as nearly as may be practicable.

History

SOURCE: Commissioners' Order No. 54-576, dated March 16, 1954, 5T DCRR §3.3 (September 21, 1970).

21 DCMR § 606 INTERVENTION OF INTERESTED PARTIES

606.1 Any interested party may intervene in any proceeding initiated under this chapter prior to the close of the hearing. An intervenor shall certify to the Mayor that a copy of the intervention has been served upon each party, respondent, or intervenor prior to the intervention.

606.2 Objections, consents, and comments prior to or at the hearing may be submitted in writing by interested parties or their representatives to the Mayor, who may receive them and give them such weight as he or she deems just and proper.

History

SOURCE: Commissioners' Order No. 54-576, dated March 16, 1954, 5T DCRR §3.2 (September 21, 1970).

21 DCMR § 607 HEARINGS ON PETITIONS

607.1 The Mayor shall fix the date for the hearing on the petition, and shall notify the petitioner, respondents, and intervenors by mail of the date set for the hearing of the petition and related pleadings.

607.2 The Mayor may give such other notice of the proceedings to other persons, as deemed necessary in the Mayor's discretion.

607.3 With the consent of all interested parties, any petition filed pursuant to this chapter may be submitted to the Mayor for determination without a hearing.

History

SOURCE: Commissioners' Order No. 54-576, dated March 16, 1954, 5T DCRR §§3.2 and 3.6 (September 21, 1970).

21 DCMR § 608 CONDUCT OF HEARINGS

608.1 The hearing provided for in this chapter shall be a public hearing.

608.2 Any party may be represented by counsel.

608.3 The Mayor shall preside over the hearing, and shall make decisions and orders in the proceedings as deemed needful and just for the government, regulation, location, or control of any property, right, or privilege placed under the Mayor's jurisdiction by law. The Mayor shall determine the order of proof and may hear oral or receive written arguments.

608.4 The hearing may be adjourned from time to time, and, if the time and place of the adjourned hearing is publicly announced when the adjournment is ordered, no further notice of the adjourned hearing needs to be published or given.

608.5 Formal rules of evidence need not be applied by the Mayor in any hearing under this chapter, and the Mayor shall have authority, in his or her discretion, to receive evidence which, in the opinion of the Mayor shall be relevant and have probative value.

608.6 After the hearing is closed and all evidence that the petitioners, representatives of the District, intervenors, and other interested parties desire to submit has been received, the Mayor shall make such findings and such order or orders as shall be just.

608.7 Copies of the findings and order(s) shall be mailed to all interested parties after the entry of the findings and order(s).

608.8 Any interested party may make application in writing for rehearing. The application must be made within ten (10) days after the mailing date of the copies of the findings and order(s) of the Mayor. The Mayor shall not be required in ruling upon an application for rehearing to have further hearings or to hear arguments, but may act upon the application for rehearing without a hearing or argument of the application.

608.9 The Mayor shall cause a record to be made of all proceedings conducted, findings entered, and orders issued under this chapter. The record may include a stenographic transcript of the proceedings, if ordered by the Mayor.

608.10 Following the Mayor's final decision, the record shall be filed promptly in the Department and shall be open to public inspection.

History

SOURCE: Commissioners' Order No. 54-576, dated March 16, 1954, 5T DCRR §§3.4, 3.5, and 3.7 (September 21, 1970).

21 DCMR § 609 FEES FOR PERMITS

609.1 Fees for permits to fill or dredge, construct, reconstruct, or repair any structure issued under this chapter shall be as follows:

(a) Work costing up to five hundred dollars ($500)………………………………………………$ 9.00;

(b) Work costing from five hundred and one dollars ($501) to one thousand dollars ($1,000)…..$14.00; And

609.2 Refunds of permit fees shall be made as follows:

(a) If no work has been done under authority of permit, the fee in excess of the following shall be refunded:

(1) The cost of inspection to verify no work having been done, based on ten dollars ($10) per inspector hour; plus

(2) The cost of any engineering examination time previously devoted to approval of plans, based on fifteen dollars ($15) per hour; and

(3) Fourteen dollars ($14) administrative costs for issuance and refund.

(b) If work authorized by permit has been only partially one, and if the District is satisfied that no more work will be done under the permit, the fee in excess of the following shall be refunded:

(1) The cost of any engineering plans examination, based on fifteen dollars ($15) per hour;

(2) Cost of inspections, based on ten dollars ($10) per inspector hour; and

(3) Fourteen dollars ($14) administrative costs of issuance and refund.

609.3 In order to receive a refund under this section, the request for refund shall be made within six (6) months from date of issuance, and the permit and receipt shall be returned to the Department.

609.4 No permit fee shall be charged when supported by evidence indicating that the applicant is under contract or subcontract to perform the following:

(a) Work done exclusively for the District of Columbia; or

(b) Work done under contract for the District of Columbia.

History

SOURCE: Section 201 of the License Fees and Charges Act of 1976, D.C. Law 1-82, 23 DCR 111, 126 (July 2, 1976), 5T DCRR §4.1 (September 21, 1970).

21 DCMR § 610 ENFORCEMENT AND PENALTIES

610.1 The penalty for a permit to abate a Notice of Doing Work Without a Permit shall be fifty per cent (50%) of the fee charged under §609.

610.2 Any person or corporation violating any provision of this chapter, or any provision of any permit or order of the Mayor under this chapter, shall, upon conviction, be liable and subject to a fine not to exceed three hundred dollars ($300) per day for each and every day the violation has existed.

History

SOURCE: Section 201 of the License Fees and Charges Act of 1976, D C Law 1-82 23 DCR 111 126 (July 2. 1976); 5T DCRR §§4.1 and 4.2 (September 21, 1970).

21 DCMR § 699 DEFINITIONS

699.1 When used in this chapter, the following words and phrases shall have the meanings ascribed:

Fill - including any artificial fill, the depositing of earth or any other materials by artificial means, in any waters within the jurisdiction of the District of Columbia;

Permit - a duly executed permission issued by the Mayor of the District of Columbia for the construction, reconstruction, or repair of any structure in any waters within the jurisdiction of the District, for the artificial deposit of any fill in those waters, or for private dredging in those waters, or for all of these purposes.

Pierhead and bulkhead lines - the pierhead and bulkhead lines presently existing or hereafter established by the Secretary of the Army pursuant to the Rivers and Harbors Act of 1899, §11, (33 U.S.C. §404), as amended.

Structure - including all piers, wharves, structures on wharves, bulkheads, slips, jetties, pilings, or other works located in any waters within the jurisdiction of the District of Columbia.

Waters or D.C. waters - any and all waters within the jurisdiction of the District of Columbia.

History

SOURCE: Commissioners' Order No. 54-576, dated March 16. 1954. 5T DCRR §1.1 (September 21, 1970).

21-7 SOLID WASTE CONTROL

21 DCMR § 700 GENERAL PROVISIONS

700.1 The purpose of this chapter is to establish minimum standards for the storage, collection, transportation and disposal of solid wastes, and thus promote the health, safety and welfare of the people of the District of Columbia and to enhance and improve the environment.

700.2 The provisions of this chapter shall apply to all solid waste storage, collection, transportation, and disposal within the District.

700.3 All solid wastes shall be stored and containerized for collection in a manner that will not provide food, harborage, or breeding places for insects or rodents, or create a nuisance or fire hazard.

700.4 No person shall deposit, throw or place or cause to be deposited, thrown or placed any solid waste in any alley, street, catch basin, or other public space, or into the Potomac River or other waters in the District, or onto any premise under the control of others.

700.5 The transportation and disposition of hazardous wastes shall be in accord with methods approved by the Mayor or the Mayor's agent.

700.6 Except as otherwise specifically provided in Title 21 DCMR or in Title 24 DCMR, Chapter 13 (Civil Fines under D.C. Law 6-100), any person who fails to comply with any provision of this chapter shall, upon conviction, be punished by a fine not to exceed three hundred dollars ($300) or imprisonment not to exceed ten (10) days, or both.

700.7 In the event of any violation of, or failure to comply with this chapter, each and every day of the violation shall constitute a separate offense, and the penalties described in this section shall be applicable to each separate offense.

700.8 The District shall collect and remove all solid waste from buildings or structures used exclusively for residential purposes, except the following buildings or structures:

(a) Any building or structure containing (4) or more dwelling units;

(b) Any building or connected group of buildings which is used, maintained, advertised, or held out as a place where, for a consideration, sleeping accommodations are furnished to five (5) or more persons who are not members of the immediate family of the owner or lessee of the building and in which the accommodations are not under the exclusive control of the occupants;

(c) Any building or connected group of buildings which is used, maintained, advertised, or held out as a place where, for a consideration, meals or lunches are furnished to five (5) or more boarders or to five (5) or more transients who have sleeping accommodations on the premises;

(d) Any dwelling units which does not abut public space; or

(e) Hotels.

700.9 The District shall not collect any solid waste from or of any place of business or from any building or structure which is not used exclusively for residential purposes.

700.10 Designated officials within the District agencies enumerated in the governing regulations for the Litter Control Administration Act of 1985, effective March 25, 1986 (D.C. Law 6-100; D.C. Official Code §§ 8-801 et seq.), which are set forth in Title 24 DCMR, Chapter 13, § 1300.2, may issue the civil Notice of Violation to persons who violate a provision of this chapter.

700.11 Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of this part pursuant to Titles I-III of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985. Adjudication of any infraction of this part shall be pursuant to Titles I-III of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985.

700.12 The Director or a designee shall be provided access to non-residential premises within the District of Columbia by the owner or occupant of the premises in accordance with the provisions of Section 4(b) of the Litter Control Administration Act of 1985, effective March 25,1986 (D.C. Law 6-100; D.C. Official Code § 8-803(b)) and Mayor’s Order 1986-160.

700.13 All collectors are required to register and report to DPW in accordance with §§ 722 and 723. In addition, collectors who either collect refuse (trash) or operate a collection vehicle with a dumping mechanism must obtain a license with DCRA in accordance with §§ 710, 711, and 712.

History

SOURCE: Regulation No. 71-21 approved June 29, 1971, published at 18 DCR 16 (July 12, 1971); as published at 8 DCRR §§ 8-3:601(a),(b), §§ 8-3:603(a), (b), § 8-3:607(i), and § 8-3:612; as amended by § 2(b)(1) of the Solid Waste Control Act of 1977, effective April 6, 1978 (D.C. Law 2-69; 24 DCR 6800 (February 17, 1978)); as amended by Final Rulemaking published at 31 DCR 1288 (March 16, 1984); as amended by § 3(c) of the Litter Control Administration Act of 1985, effective March 25, 1986 (D.C. Law 6-100; 33 DCR 781 (February 7, 1986)); as amended by § 2(b) of the Litter Control Expansion Amendment Act of 1987, effective October 9, 1987 (D.C. Law 7-38; 34 DCR 5326 (August 14, 1987)); as amended by Final Rulemaking published at 36 DCR 1099 (February 3, 1989); as amended by § 31 of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985 Technical and Clarifying Amendments Act of 1990, effective March 8, 1991 (D.C. Law 8-237; 38 DCR 314, 326 (January 11, 1991)); as amended by § 2(d) of the Litter Control Fine Increase Amendment Act of 1995, effective May 9, 1995 (D.C. Law 11-13; 42 DCR 1268, 1280 (March 17, 1995)); as amended by Final Rulemaking published at 64 DCR 13076 (December 22, 2017). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 700

21 DCMR § 701 HANDBILLS, LEAFLETS, AND FLYERS

701.1 In conformance with §700.4, the person or persons responsible for the distribution of commercial handbills, leaflets, flyers or any other advertising or informational material shall be responsible for assuring that these items are either distributed directly to persons or attached to doorknobs at private residences or places of business.

701.2 The provisions of this section shall not apply to persons who have received a permit from the Director of the Department of Consumer and Regulatory Review.

701.3 Persons distributing the material listed in §701.1 shall take all reasonable measures which may be necessary to prevent those materials from littering streets, sidewalks, or any other public space.

History

SOURCE: Section §2(b)(1) of the Solid Waste Control Act of 1977, D.C. Law 2-69, 25 DCR 6800 (February 17, 1978). 8 DCRR §8-3:603(b).
EDITOR'S NOTE: Prior to February 17, 1978, the District of Columbia Council published Regulation No. 71-21 at 18 DCR 16 (July 12, 1971), 8 DCRR §8-3:603(b).

21 DCMR § 702 REMOVAL OF REFUSE FROM PUBLIC SPACE ADJACENT TO PRIVATE PROPERTY

702.1 Except as provided in §702.2, each owner, tenant, or lessee (or the agent of that person) who has control of or occupies any building, lot, or land within the District shall maintain in clean condition the public space from the property line of that building, lot, or land and extending eighteen inches (18 in.) from the curb line (or the lateral lines of the roadway) into the abutting roadway.

702.2 Each owner, tenant, or lessee (or the agent of that person) who has control of or occupies any building that contains three (3) or fewer dwelling units within the District shall maintain in clean condition the public space between the curb line (or lateral lines of the roadway) and the property line of that building.

702.3 Construction and demolition wastes and material shall not be collected by District collection services.

History

SOURCE: Section 2(b)(1)(c)(3) of the Solid Waste Control Act of 1977, D.C. Law 2-69, 25 DCR 6800 (February 17, 1978), 8 DCRR §8-3:603(k), as amended by §3(d) of the Litter Control Expansion Amendment Act of 1987 D.C. Law 7-38, 34 DCR 5326 (August 14. 1987).

21 DCMR § 703 COLLECTION OF ORGANIC MATERIALS

703.1 Leaves shall be collected by the District on an announced schedule during the period of October through January.

703.2 Occupants of premises where leaves accumulate shall place their leaves at the point of collection.

703.3 Leaves from private property shall not be piled loose on public space or permitted to obstruct any thoroughfare, sidewalk, drain or gutter.

703.4 (a) Yard waste shall be set out for collection in either:

(1) Securely fastened paper bags; provided, that no such paper bag shall exceed fifty pounds (50 lbs.) in weight when filled; or

(2) Refuse (trash) collection containers that comply with the requirements of § 707.

(b) Notwithstanding paragraph (a) of this subsection, yard waste that consists of:

(1) Small branches and twigs may be set out for collection in separate, tied bundles that do not exceed four feet (4 ft.) in length; and

(2) Holiday trees and greenery may be set out for collection in a manner prescribed by the Director; provided, such trees and greenery shall be free of all nails, stands, bases, tinsel, and ornaments.

History

SOURCE: Regulation No. 71-21 approved June 29, 1971, published at 18 DCR 16 (July 12, 1971); as published at 8 DCRR § 8-3:605(a); as amended by § 2(a) of the Solid Waste Regulations Amendments Act of 1983, effective August 2, 1983 (D.C. Law 5-20; 30 DCR 3331 (July 8, 1983)); as amended by Final Rulemaking published at 64 DCR 13076 (December 22, 2017). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 703

21 DCMR § 704 FOOD WASTE DISPOSAL

704.1 [REPEALED]

704.2 [REPEALED]

704.3 Each food establishment served by a sanitary sewer and conducting activities any of which generate food wastes (garbage) shall have and use one or more food waste (garbage) grinders which are conveniently located to each such activity and which are adequate in capacity to dispose of all readily grindable food wastes (garbage) produced.

704.4 Each kitchen sink that is newly installed in any dwelling unit, or which is replaced or substantially repaired such that a plumbing permit is required, shall be provided with a food waste (garbage) grinder by the owner or licensee.

704.5 Food waste (garbage) grinders shall be maintained in good repair and operating condition by the owner or licensee.

History

SOURCE: Regulation No. 71-21, approved June 29, 1971, 18 DCR 16 (July 12, 1971), 8 DCRR §§8-3:603(h) and 8-3:607(e); as amended by Regulation 73-26, approved December 14, 1973, 20 DCR 545 (January 21, 1974); and by §2(a) of the Solid Waste Control Amendments Act of 1977, D.C. Law 2-69, §8-3:604(h), 24 DCR 6800, 6802 (February 17, 1978); as amended by Zero Waste Omnibus Amendment Act of 2020, effective March 16, 2021 (D.C. Law 23-211; 68 DCR 000068 (January 1, 2021)). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 704

21 DCMR § 705 COLLECTION OF SOLID WASTES

705.1 Each premises or part of a premises where refuse are generated and where those wastes are not collected by the District shall be serviced by a licensed solid waste collector.

705.2 Solid wastes shall be collected as follows:

(a) At least twice per week unless fewer collections are approved by the Mayor; and

(b) Once per week for premises on Supercan routes.

705.3 Collectors shall not permit spillage from solid waste containers or collection vehicles or otherwise contribute debris at the point or area of collection.

705.4 The collection of wrapped food waste (garbage) or a combination of wrapped food waste with rubbish, in vehicles other than enclosed collection vehicles is prohibited, with the following exceptions:

(a) Open bodied collection vehicles licensed by the District of Columbia as of February 29, 1980, to collect refuse so long as the vehicles are securely covered with a heavy duty canvas or its equivalent, while the waste is being transported;

(b) The collection of rubbish, bulky waste, construction, and demolition wastes in open body collection vehicles, so long as the vehicles are securely covered with a heavy duty canvas or its equivalent while the waste is being transported;

(c) The transport of enclosed containers of compacted and non-compacted rubbish and construction and demolition wastes in collection vehicles specifically designed or adapted for those purposes, so long as the containers have a minimum capacity of six cubic yards (6 yds3) with all openings securely closed while the waste is being transported; and

(d) The transport of open-top containers of non-compacted construction and demolition wastes in collection vehicles specifically designed or adapted for those purposes, so long as the open-top containers have a minimum capacity of three cubic yards (3 yds3) and are securely covered with heavy canvas or its equivalent while the waste is being transported.

705.5 Residents of properties where solid wastes are collected by the District, excluding bulk wastes handled by special collection, shall do the following:

(a) Place the solid waste in legal containers, in a manner so as to prevent litter, at the point of collection no earlier than 6:30 p.m. on the day prior to the collection day and no later than the time of collection determined by the Director, on the collection day; and

(b) Return to private property by 8:00 p.m. of the collection day all emptied solid waste containers including Supercans.

705.6 Household hazardous wastes shall not be included with solid wastes.

705.7 Bundles of solid waste to be collected which are not placed in containers (when permissible under this chapter) shall be tied and shall not exceed four feet (4 ft.) in length.

705.8 All owners and occupants of private and public collection properties shall separate recyclable items for recycling collection. An owner may provide through a lease agreement for an occupant to be responsible for separating these materials for recycling, in which case the occupant shall also be responsible for meeting the requirements of this subsection and § 705.9. Notwithstanding the existence of such a lease agreement, the owner shall also be responsible for complying with this subsection and § 705.9 except where the Director determines that there are circumstances that warrant holding the occupant liable for compliance. The Director may issue a notice of violation to the occupant or to the owner.

9 Materials that are separated for recycling shall be stored in bins, dumpsters, or other containers that are not used for the simultaneous storage of refuse (trash) and recyclable materials.

705.10 Each owner of a commercial property shall be responsible for the separate removal of recyclable materials by a registered solid waste collector or pursuant to a self-implementation plan submitted to and approved by the Office of Waste Diversion.

705.11 Each owner of commercial property shall, at least once a year, provide written notice to any tenants or occupants of the property of the legal requirement that certain materials be separated for recycling, the types of materials to be separated, how and where recyclables shall be taken in order to be collected for recycling, and the name and contact information of any recycling coordinator for the property.

705.12 Each owner of commercial property shall post and maintain at least one (1) sign where solid waste is collected or stored that sets forth what materials are required to be source separated and states the collection procedures for such materials, and shall post at least one (1) sign at containers where recyclables are collected stating what materials may properly be placed in them. The owner may provide through the lease agreement that an occupant shall be responsible for posting and maintaining such signs, in which case the occupant shall also be responsible for meeting the requirements of this subsection. Notwithstanding the existence of such a lease agreement, the owner shall be responsible for complying with this subsection except where the Director determines that there are circumstances that warrant holding an occupant liable for compliance. The Director may issue a notice of violation to an occupant or to the owner.

705.13 A solid waste collector shall not simultaneously transport recyclables along with other materials for disposal in the same vehicle at the same time except pursuant to a written waiver of this requirement issued by the Director or designee.

705.14 A written waiver shall only be issued to a registered solid waste collector if the collector demonstrates to the Director that the recyclables will be transported in a vehicle that does not compress or compact its contents. The collector shall also demonstrate that the method used for simultaneously transporting the materials ensures that recyclables will not be commingled with non-recyclable materials and that the recyclables will not be disposed of in any way other than by recycling.

705.15 The Director may revoke a written waiver if the Director finds that the conditions for receiving a waiver are not being met.

705.16 The contents of vehicles hauling solid waste to any District of Columbia disposal facility shall be subject to visual inspection for evidence of recyclables, as defined in this chapter. If recyclables are detected, the driver of the vehicle shall be required to dump the load in an area away from regular dumping activities. Refuse (trash) loads shall not contain substantial amount of recyclables (approximately thirty percent (30%)).

705.17 No person shall remove recyclable materials that have been placed out in containers for collection by a solid waste collector, other than the solid waste collector or the person who placed out the recyclable materials.

705.18 (a) Newspaper, office paper, metals, glass, paperboard, cardboard, narrow necked plastic bottles, and other recyclables shall be recycled in accordance with this chapter.

(b) Beginning on January 1, 2018, the Mayor’s List of Recyclables and Compostables shall prescribe the source separation requirements for all premises within the District of Columbia.

(c) Prior to January 1, 2018, items identified as recyclable on the Mayor’s List of Recyclables and Compostables that are not listed in § 705.18 (a) may be considered recyclables or refuse (trash) for the purposes of source separation requirements.

(d) Beginning on January 1, 2018, items identified as recyclable on the Mayor’s List of Recyclables and Compostables shall be source separated into dedicated receptacles for recycling.

History

SOURCE: Regulation No. 71-21 approved June 29, 1971, published at 18 DCR 16 (July 12, 1971); as published at 8 DCRR §§ 8-3:603(d), (i), and (j), 8-3:604(a)-(c), and 8-3:604(g)(1),(2),(3); as amended by § 2(b)(1) of the Solid Waste Control Act of 1977, effective April 6, 1978 (D.C. Law 2-69; 24 DCR 6800 (February 17, 1978)); as amended by §§ 2(b), (1-4) of the Solid Waste Regulations Amendment Act of 1980, effective May 31, 1980 (D.C. Law 3-69; 27 DCR 1553 (April 18, 1980)); by § 2(b) of the Solid Waste Regulations Amendments Act of 1983, effective August 2, 1983 (D.C. Law 5-20; 30 DCR 3331 (July 8, 1983)); as amended by §§ 3(b), (c) of the Litter Control Expansion Amendment Act of 1987, effective October 9, 1987 (D.C. Law 7-38; 34 DCR 5326 (August 14, 1987)); as amended by Final Rulemaking published at 64 DCR 13076 (December 22, 2017). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 705

21 DCMR § 706 SPECIAL COLLECTIONS

706.1 (a) Persons occupying premises where solid waste collection service is provided by the District shall set out bulky wastes for collection in accordance with a scheduled appointment made by the person with the Mayor’s citywide call center (311), and place at the point of collection no earlier than 6:30 p.m. on the day prior to the scheduled appointment.

(b) No person shall leave any bulky waste or cause any bulky waste to be left in or upon public space in the District of Columbia without a scheduled appointment.

706.2 The safety precautions of Title 24 DCMR apply to all discarded refrigerators, iceboxes, freezer boxes, and other boxes or containers having a capacity of one and one-half cubic feet (11/2 ft.3) or more.

706.3 All dead animals, and gross quantities of decayed fish, meat or vegetable products shall be collected in covered vehicles specifically approved for that purpose.

706.4 It shall be unlawful for any person to interfere in any manner with the collection and disposal of the materials listed in §706.3 by the District or a licensed collector.

History

SOURCE: Regulation No. 71-21 approved June 29, 1971, published at 18 DCR 16 (July 12, 1971); as published at 8 DCRR §§ 8-3:605(b) and (c); as amended by § 3(f) of the Litter Control Expansion Amendment Act of 1987, effective October 9, 1987 (D.C. Law 7-38; 34 DCR 5326 (August 14, 1987)); as amended by Final Rulemaking published at 64 DCR 13076 (December 22, 2017). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 706

21 DCMR § 707 SOLID WASTE CONTAINERS

707.1 After July 1, 1978, all containers sold, offered for sale or used in the District for the on-site storage and collection of solid wastes shall be of a design and manufacture approved by the Mayor in accordance with standards adopted by the National Sanitation Foundation of Ann Arbor, Michigan, or its equivalent.

707.2 All containers covered by this section shall have displayed on the container in a conspicuous location the appropriate symbol of compliance established by the Mayor.

707.3 A sufficient number of containers shall be provided to store such solid wastes which may accumulate on the premises during the usual interval between collections.

707.4 Containers shall be kept clean and in good repair.

707.5 Ashes shall be stored in metal containers. When stored in the open, the metal containers shall be covered.

707.6 In addition to the applicable requirements of this section, the provisions of § 708 shall apply to containers for solid wastes to be used at premises where solid waste collection service is provided by the District.

707.7 Carry containers used for collection service shall be of a design and material approved by the Mayor.

707.8 At no time shall lightweight plastic bags that are designed to be used exclusively as liners be used solely for the storage of solid waste.

707.9 Grease held for recycling or disposal shall be stored in a tightly-sealed metal drum. The grease container and the area where the grease is stored shall be free of spilled grease. The grease container shall be stored not less than four feet (4 ft.) from any other vertical object such as a wall, shelving, or wood fuel stacks.

707.10 Commercial trash compactors shall be free of spilled waste at all times and shall be kept closed when not compacting waste.

707.11 Commercial waste containers shall be constructed of heavy gauge metal, made of at least twelve (12) gauge steel with tightly-fitting lids constructed of at least sixteen (16) gauge steel. Waste container lids shall be kept closed at all times other than when the container is being filled or emptied. Waste container lids shall be free of gaps larger than one-quarter inch (1/4”) between the lid (when closed) and the body of the waste container. Waste containers (including waste container lids) shall be free of any gaps, cracks, or holes larger than one-quarter inch (1/4”). The area where the waste container is stored shall be kept free of spilled waste at all times. If the waste container is equipped with a drain plug, the plug shall be constructed of heavy duty metal and shall be kept in the drain hole until the filled container is trans-ported to its ultimate destination for emptying and disposal of its contents.

707.12 Pet food and bird seed kept outside shall be stored in a rodent-proof container. Pet food and bird seed shall not be left to accumulate or remain on the ground after birds and pets have been fed.

707.13 The following requirements regarding bin liners apply to private collection property owners:

(a) Recycling bin liners shall be clear, white, or non-pigmented.

(b) Composting bin liners shall meet requirements for compostable packaging as defined by the Mayor’s List of Recyclables and Compostables.

History

SOURCE: Regulation No. 71-21 approved June 29, 1971, published at 18 DCR 16 (July 12, 1971); as published at 8 DCRR §§ 8-3:603(c), (e)-(g) and 8-3:604(c); as amended by Final Rulemaking published at 18 DCR 869 (June 26, 1972), Supp. No. 1; as amended by § 2(c) of the Solid Waste Control Act of 1977, effective April 6, 1978 (D.C. Law 2-69; 24 DCR 6800 (February 17, 1978)); as amended by § 3(b) of the District of Columbia Solid Waste Regulations Amendment Act of 1989, effective September 20, 1989 (D.C. Law 8-31; 36 DCR 4750 (July 7, 1989)); as amended by the Rodent Control Act of 2000, effective October 19, 2000 (D.C. Law 13-172; 47 DCR 6308 (August 11, 2000)); as amended by Final Rulemaking published at 64 DCR 13076 (December 22, 2017). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 707

21 DCMR § 708 CONTAINERS FOR RESIDENTIAL SOLID WASTE COLLECTION

708.1 In addition to the applicable provisions of this chapter, all containers used by residents for solid waste collection shall conform to the requirements of this section.

708.2 The Department of Public Works shall properly inform the residents of the District where their authorized point of collection is. If the collection is from an alley, the point of collection shall be on the portion of private property immediately adjacent to public space, except that when Supercans are collected from the alley, the point of collection shall be on the portion of the public space immediately adjacent to the private property line. If collection is not from an alley, the point of collection shall be on the public space immediately adjacent to the premises.

708.3 Environmental technicians shall report all instances of solid waste placed at inappropriate collection points or placed in containers other than the type prescribed in this section.

708.4 Each container shall be constructed of heavy weight plastic or heavy gauge galvanized metal.

708.5 Each container shall be watertight, equipped with handles and a tight-fitting cover attached to the container, and free of holes or cracks larger than one-half (1/2 in.) inch.

708.6 Each container shall be constructed for easy removal of the contents.

708.7 Containers used in areas of the District with twice weekly collections shall have a capacity of not less than twenty (20) gallons and not more than thirty-two (32) gallons, and shall not exceed sixty pounds (60 lbs.) in weight when filled.

708.8 Containers used in areas of the District with once weekly collections shall have a capacity of ninety-six (96) gallons, and shall not exceed two-hundred and fifty pounds (250 lbs.) in weight when filled.

708.9 When stored in the open, all containers shall be kept securely closed except when being filled.

708.10 Plastic bags intended for use as container liners are prohibited for use alone for storing solid waste refuse, except that plastic bags of at least nine (9) mil. thickness with a capacity of no more than thirty-two (32) gallons and securely tied may be used as containers for yard rubbish, provided that bags used for this purpose are marked as yard rubbish and set out for collection on the day(s) designated for yard rubbish collection.

708.11 Containers permitted for use at authorized collection points shall meet the following criteria:

(a) Supercans owned and issued by, and registered to, the District pursuant to the specifications in Subsection 708.8;

(b) Mini-supercans owned and issued by, and registered to, the District pursuant to the specifications in Subsection 708.7; or

History

SOURCE: Final Rulemaking published at 18 DCR 869 (June 26, 1972), Supp. No.1: as amended by § 4 of the Litter Control Expansion Amendment Act of 1987, effective October 9, 1987 (D.C. Law 7-38; 38 DCR 5326 (August 14, 1987)); as amended by the Rodent Control Act of 2000, effective October 19, 2000 (D.C. Law 13-172; 47 DCR 6308 (August 11, 2000)); as amended by Final Rulemaking published at 64 DCR 13076 (December 22, 2017). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 708

21 DCMR § 709 COLLECTION VEHICLES

709.1 Collection vehicles shall be properly maintained and cleaned.

709.2 Collection vehicles shall be constructed and operated to prevent spillage.

709.3 [REPEALED].

709.4 Each collection vehicle shall be registered with the Mayor in accordance with D.C. Official Code § 50-1501.02. Any owner of a collection vehicle who can provide proof that the vehicle is registered in another state and that an excise tax for the issuance of a certificate of title has already been paid in another state, is exempt until September 30, 1980, from the provisions of D.C. Official Code § 50-2201.03(j).

History

SOURCE: Regulation No. 71-21 approved June 29, 1971, published at 18 DCR 16 (July 12, 1971); as published at 8 DCRR §§ 8-3:604(e) and (f), 8-3:606(c) and (h); as amended by §2(c)(2) of the Solid Waste Control Act of 1977, effective April 6, 1978 (D.C. Law 2-69; 24 DCR 6800 (February 17, 1978)); as amended by § 2(a) of the Solid Waste Regulations Amendment Act of 1980, effective May 31, 1980 (D.C. Law 3-69; 27 DCR 1553 (April 18, 1980)); as amended by Final Rulemaking published at 64 DCR 13076 (December 22, 2017). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 709

21 DCMR § 710 LICENSING REQUIREMENTS

710.1 Except as provided in § 710.2 and § 710.3, no person shall engage in commercial collection and transportation of solid wastes by vehicle, in or through the District, without first having obtained a collector's license and a collection vehicle license for each vehicle so used.

710.2 Any non-profit religious, hospital, charitable, educational (where providing a student/teacher relationship), or scientific organization shall be exempt from the requirement of having a collector's license when engaged in the collection and transportation of solid waste generated exclusively by that organization, and shall be further exempt from the requirement contained in § 705.1.

710.3 Any collector who neither collects refuse (trash) nor operates a collection vehicle with a dumping mechanism shall be exempt from the requirement of having a collector's license issued by DCRA. This provision does not exempt such collectors from DPW registration requirements.

710.4 Any collection vehicle used in the collection of refuse (trash) shall be equipped with a dumping mechanism and shall have a valid collection vehicle license in accordance with § 710, § 711 and § 712.

710.5 Any solid waste collector who operates a vehicle used in the collection of refuse (trash) or operates a solid waste collection vehicle with a dumping mechanism shall have a valid solid waste collector license in accordance with § 710, § 711 and § 712.

History

SOURCE: Regulation No. 71-21 approved June 29, 1971, published at 18 DCR 16 (July 12, 1971); as published at 8 DCRR §8-3606(a); as amended by Regulation No, 72-15, approved July 28, 1972; as amended by § 2(d) of the Solid Waste Control Act of 1977, effective April 6, 1978 (D.C. Law 2-69; 24 DCR 6800 (February 17, 1978)); as amended by Final Rulemaking published at 64 DCR 13076 (December 22, 2017). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 710

21 DCMR § 711 APPLICATION FOR LICENSE

711.1 Applications for solid waste collector's and collection vehicle licenses shall be submitted on approved forms to the Director.

711.2 The fees for solid waste collector's and collection vehicle licenses shall be submitted with the applications to the Director.

711.3 Each application shall include the following:

(a) The name of the person to be licensed;

(b) If the applicant is other than an individual, the name and title of the applicant; and

711.4 Each application shall also contain the following information concerning each vehicle to be licensed:

(a) Type, make, and year of manufacture;

(b) Tare weight in pounds;

(d) -Jurisdiction of registration; and

(e) Motor vehicle license number.

History

SOURCE: Regulation No. 71-21, approved June 29, 1971, 18 DCR 16 (July 12, 1971); 8 DCRR §§8-31606(b) and (e).

21 DCMR § 712 ISSUANCE OF LICENSES

712.1 No collection vehicle license may be issued until the vehicle sought to be licensed has been inspected by the Mayor and found to comply with the requirements prescribed in §§709.1 through 709.4 and all fees assessed against the licensee in accordance with this chapter have been paid in full.

712.2 Licenses shall date from the first (1st) Monday in March of each year and expire on the Saturday preceding the first (1st) Monday in March of the following year, but may be prorated in accordance with the provisions of paragraph 5 of §7 of An Act Making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes, approved July 1, 1902 (32 Stat. 623; D.C. Code §47-2805 (1990 Repl. Vol.)).

712.3 The Director shall provide two (2) metal tags with each collection vehicle license issued indicating the collection vehicle license number.

712.4 The metal tags provided with the license shall be affixed to each side of the body of the respective collection vehicle in such manner as to be clearly visible at all times.

712.5 During the period of the validity of each license, the licensee shall notify the Director of any change in the information shown on the application within ten (10) days of the change.

History

SOURCE: Regulation No. 71-21, approved June 29, 1971, 18 DCR 16 (July 12, 1971), 8 DCRR §8-3:606(e)-(g); as amended by §501 of the Revenue Act for Fiscal Year 1978, D.C. Law 1-124 (23 DCR 6336 (February 18, 1977): by Regulation No. 72.15, approved July 28, 1972; by §§2(d) and (e) of the Solid Waste Control Act of 1977, D.C. law 2-69, §8-3:606(d), 24 DCR 6800, 6805 (February 17, 1978); and by §2 of the D C. Solid Waste Disposal Art of 1989 D.C. Law 8-16, 36 DCR 4155 (June 9, 1989).

21 DCMR § 713 SOLID WASTE REDUCTION AND DISPOSAL

713.1 Solid wastes generated outside the District shall not be delivered to any of the disposal facilities operated by the District unless prior arrangements for acceptance have been made with the Director.

713.2 Disposal within the District may only be at approved facilities.

713.3 The Mayor may require any licensee or other person desiring to use a District owned, operated, or contracted disposal area to use a disposal area of the Mayor's designation.

713.4 Open burning is prohibited by the Air Quality Control and Fuel Burning Equipment regulations.

713.5 Construction and operation of incinerators shall comply with the applicable provisions of the Air Quality Control and Fuel Burning Equipment regulations of the District of Columbia.

713.6 [Repealed] D.C. Law 11-94, 42 DCR 7172, 7178, effective January 22, 1996.

713.7 All incinerators installed or which commence operation after the effective date of this section (August 28, 1971) shall be equipped with gas cleaning devices, if necessary to meet the following standards:

(a) Incinerators with a rated refuse burning capacity of two hundred or more pounds per hour (200 plus lbs./hr.), shall not emit more than one hundredth (0.01) grain of particulate matter per standard dry cubic foot of exhaust gas corrected to twelve percent (12%) carbon dioxide, without the contribution of auxiliary fuel;

(b) All other incinerators shall not emit more than three hundredths (0.03) grain of particulate matter per standard dry cubic foot of exhaust gas corrected to twelve percent (12%) carbon dioxide, without the contribution of auxiliary fuel.

713.8 [Repealed] D.C. Law 11-94, 42 DCR 7172, 7178, effective January 22, 1996.

713.9 [Repealed] D.C. Law 11-94, 42 DCR 7172, 7178, effective January 22, 1996.

713.10 [Repealed] D.C. Law 11-94, 42 DCR 7172, 7178, effective January 22, 1996.

History

SOURCE: Regulation No. 71-21, approved June 29, 1971, 18 DCR 16 (July 12, 1971), 8 DCRR §§8-3:607(a), (f)-(h) and (j), and §8-3:609(a); as amended by Regulation No. 72-15, approved July 28, 1972; and by §15 of the Solid Waste Facility Permit Act of 1995, D.C. Law 11-94, 42 DCR 7172, 7178 (December 29, 1995), effective January 22, 1996.

21 DCMR § 714 [REPEALED].

History

SOURCE: Regulation No. 71-21 approved June 29, 1971, published at 18 DCR 16 (July 12, 1971); as published at 8 DCRR §8-3:606(a); as amended by Regulation No, 72-15, approved July 28, 1972; as amended by § 2(f) of the Solid Waste Control Act of 1977, effective April 6, 1978 (D.C. Law 2-69; 24 DCR 6800 (February 17, 1978)); as amended by Final Rulemaking published at 64 DCR 13076 (December 22, 2017). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 714

21 DCMR § 715 SUSPENSION OF ACCESS TO DISPOSAL FACILITIES

715.1 Solid wastes generated outside the District shall not be delivered to any of the disposal facilities operated by the District unless prior arrangements for acceptance have been made with the Director.

715.2 If any licensee or the licensee's agent violates the provisions of this chapter, any or all vehicles operated by that licensee may be denied access to any or all District disposal facilities for a period not to exceed thirty (30) days for each violation.

715.3 Prior to denial of access, the licensee may request and shall be afforded an administrative hearing by the Director or the Director's duly authorized agent on the proposed denial.

715.4 Nothing in this section shall prevent a licensee from being prosecuted for violation of the regulations in this chapter.

History

SOURCE: Regulation NO. 71-21, approved June 29, 1971, 18 DCR 16 (July 12, 1971), 8 DCRR §§8-3:609(a) arid (b).

21 DCMR § 716 INSPECTIONS

716.1 The Director is authorized to inspect any solid waste storage, containers, collection systems, collection vehicles, collection vehicle storage and cleansing facilities, disposal and reduction facilities, and disposal sites, as may be necessary to determine that the intent and purposes of this chapter are being met.

716.2 Each premises or part of a premises served by a licensed collector shall maintain evidence including the name and address of the licensee providing the services.

716.3 Evidence of collection service shall be available during all reasonable hours for inspection by the Director.

716.4 Identification of all containers serviced by a licensee by inscribing the name and telephone number of the licensee on each container shall be deemed adequate for compliance with this section.

716.5 The Director or a designee shall be provided access to premises within the District of Columbia in accordance with the provisions of Section 4(b) of the Litter Control Administration Act of 1985, effective March 25, 1986 (D.C. Law 6-100; D.C. Official Code § 8-803(b)), and Mayor’s Order 1986-160.

History

SOURCE: Regulation No. 71-21 approved June 29, 1971, published at 18 DCR 16 (July 12, 1971); as published at §§8-3.609(a) and (b); as amended by Final Rulemaking published at 64 DCR 13076 (December 22, 2017). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 716

21 DCMR § 717 DENIAL, SUSPENSION, OR REVOCATION OF LICENSE

717.1 Failure to permit the inspections required by this chapter shall be grounds for denial of an application for a solid waste collector's license.

717.2 Continued or repeated failure to comply with any of the provisions of this chapter shall be grounds for suspension or revocation of a solid waste collector's license.

717.3 A licensee shall be given an opportunity to answer and be heard by the Director upon charges against the licensee.

History

SOURCE: Regulation No. 71.21, approved June 29, 1971, 18 DCR 16 (July 12, 1971); 8 DCRR §§8-3:611(a) and (b).

21 DCMR § 718 VARIANCES

718.1 Any person engaged in solid waste storage, collection, or disposal activities at the time of the promulgation of this section shall be excused by the Director from the performance of any act required by the provisions of this chapter, either in whole or in part, upon a finding by the Director that the full performance of the act would result in exceptional or undue hardship by reason of excessive structural or mechanical difficulty, or impracticability of bringing the activities into full compliance with the requirements of this chapter.

718.2 A variance shall be allowed only where and to the extent necessary to ameliorate such exceptional or undue hardship, and only when compensating factors are present which give adequate protection to the public health and public welfare, and only where and to the extent the variance can be granted without impairing the intent and purpose of this chapter.

718.3 A record, open to inspection by the public, shall be maintained, in the appropriate department, of each and every variance allowed under the terms of this section.

718.4 No variance shall be granted by the Director under this section for the operation of the facility known as Incinerator #5, or for any other District owned or operated or contracted facility.

718.5 Each request for a variance shall be published in the at least thirty (30) days before the Director shall consider the request on its merits.

718.6 The notice published in the D.C. Register shall contain a brief statement describing the variance sought and the reason the variance is necessary.

718.7 Opportunity for public comment within thirty (30) days of publication of the notice shall be granted.

718.8 The Director shall maintain a public record of all variances granted, and the record shall state the bases on which each variance was granted.

718.9 No variance shall be granted for the reasons other than those stated in the record.

History

SOURCE: Regulation No. 71-21, approved June 29, 1971, 18 DCR 16 (July 12, 1971). 8 DCRR §§8-3:614(a), (b), and (c).

21 DCMR § 719 SOLID WASTE DISPOSAL FEE-SETTING FORMULAS

719.1 The provisions of this section shall apply to the disposal of each ton of solid waste at the waste-handling facilities.

719.2 The Mayor shall establish fee-setting formulas to govern the imposition of solid waste disposal fees. The Mayor may modify the fee-setting formulas on an annual basis.

719.3 The solid waste disposal fee-setting formulas shall be based upon the District government’s expenses for solid waste disposal operations. The Mayor shall take into account the costs of operating the disposal facilities, including the following:

(a) Maintenance and administrative costs;

(b) Engineering services;

(d) Landfill replacement costs; and

(e) Other expenses attributable to operating the District government’s solid waste disposal facilities.

719.4 The solid waste disposal fee-setting formulas may take into account the cost differences that arise from the types of waste disposed, the method of disposal, and the site of disposal. The solid waste disposal fee-setting formulas may be derived by averaging total system costs, prorating the costs of disposal at a specific facility, or prorating the cost of disposal for a specific type of waste, whichever, is determined to be most cost effective by the Mayor.

719.5 The Mayor shall impose a surcharge to be included in the solid waste disposal fee for the purpose of offsetting the cost of implementing and operating the Mayor's solid waste reduction and multi-material recycling program. The amount of the surcharge shall be included in the solid waste disposal fee-setting formulas.

719.6 The following fee-setting formula is established for the disposal of each ton of construction and demolition debris:

Solid Waste Disposal Fee for Construction and Demolition Debris + Solid Waste Disposal Fee + Special Handling Costs + Recycling Surcharge

719.7 The following fee-setting formula is established for the disposal of each ton of vehicle tires:

Solid Waste Disposal Fee for Vehicle Tires = I-95 Complex Fee = Recycling Surcharge

719.8 The following fee-setting formula is established for the disposal of each ton of the various recyclable commodities included in the District's solid waste reduction and multi-material recycling program:

Solid Waste Disposal Fee for Recyclable Commodities = Recycling Surcharge

719.9 The following fee-setting formula is established for the disposal of each ton of solid waste, excluding those wastes specified in §§ 719.6, 719.7 and 719.8:

Solid Waste Disposal Fee = [Estimated Material Processing Costs ÷ Projected Tonnage] + Recycling Surcharge

719.10 The following fee-setting formula is established for the disposal of each ton of food waste:

Solid Waste Disposal Fee for Recyclable Food Waste=Processing cost of recyclable food waste + Recycling Surcharge

719.11 The following fee-setting formula is established for the disposal of each ton of contaminated recyclables:

Solid Waste Disposal Fee + Operational Cost of Processing Contaminated Recyclables

History

SOURCE: Final Rulemaking published at 37 DCR 4238, 4239 (June 29, 1990); as amended by Final Rulemaking published at 52 DCR 10959 (December 16, 2005); as amended by Final Rulemaking published at 57 DCR 2303 (March 19, 2010); as amended by Final Rulemaking published at 60 DCR 4833 (March 29, 2013); as amended by Final Rulemaking published at 68 DCR 5894 (June 4, 2021). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 719

21 DCMR § 720 FEES

720.1 The fees for licensing shall be determined by the Mayor.

720.2 Each business and each vehicle shall be separately licensed.

720.3 The Mayor shall determine the fee to be paid to deposit each ton of solid waste at a waste-handling facility.

720.4 The fee shall be paid by each licensed solid waste collector and other solid waste disposers unless, upon written application, the Mayor waives the fee of a solid waste disposer.

720.5 Beginning on September 25, 2011, the applicable fee for the disposal of construction and demolition debris at the waste-handling facilities shall be seventy-one dollars ($71) for each ton disposed; provided, that a minimum fee of thirty-five dollars and fifty cents ($35.50) shall be imposed on each load weighing one thousand pounds (1,000 lbs.) or less.

720.6 The applicable fees for the disposal of vehicle tires at the waste-handling facilities shall be one hundred six dollars and fifty-nine cents ($106.59) for each ton disposed; Provided, that a fee of twenty-six dollars and sixty-four cents ($26.64) shall be imposed on each load weighing five hundred pounds (500 lbs.) or less.

720.7 The applicable fees for the disposal of commodities included in the District's solid waste reduction and recycling program at the waste-handling facilities shall be fifty-one dollars and fifty-nine cents ($51.59) for each ton disposed; provided, that a minimum fee of twelve dollars and eighty-nine cents ($12.89) shall be imposed on each load weighing five hundred pounds (500 lbs.) or less.

720.8 Beginning on October 1, 2020, the applicable fee for the disposal of each ton of solid waste at the waste-handling facilities, excluding those wastes specified in §§ 720.5, 720.6, 720.7, 720.11, and 720.12, shall be seventy dollars and sixty-two cents ($70.62) for each ton disposed; provided, that a minimum fee of thirty-five dollars and thirty-one cents ($35.31) shall be imposed on each load weighing one thousand pounds (1,000 lb.) or less.

720.9 The Solid Waste Diversion Surcharge shall be one dollar ($ 1.00) for each ton of solid waste disposed of at the waste-handling facilities.

720.10 [REPEALED]

720.11 Beginning on April 1, 2013, the applicable fee for the disposal of recyclable food waste at the waste-handling facilities shall be sixty-two dollars and fifty-two cents ($62.52) for each ton disposed; provided, that a minimum fee of thirty-one dollars and twenty-six cents ($31.26) shall be imposed on each load weighing one thousand pounds (1,000 1bs.) or less.

720.12 Beginning on June 1, 2021, the operational cost of processing contaminated recyclables shall be twelve dollars and twenty-five cents ($12.25) for each ton disposed, and the applicable fee for the disposal of each ton of contaminated recyclables shall be eighty-two dollars and eighty-seven cents ($82.87), provided that a minimum fee of forty-one dollars and forty-three cents ($41.43) shall be imposed on each load weighing one thousand pounds (1,000 lb.) or less.

History

SOURCE: Regulation No. 71-21, approved June 29, 1971, published at 18 DCR 16 (July 12, 1971); 8 DCRR §8-3:606(e); as amended by § 501 of the Revenue Act for Fiscal Year 1978, effective April 19, 1977 (D.C Law 1-124; 23 DCR 6336, 6376 (February 18, 1977)); as amended by § 2(h) of the District of Columbia Solid Waste Disposal Fee Act of 1982, effective August 14, 1982 (D.C. Law 4-135; 29 DCR 2751 (July 2, 1982)); as amended by § 2 of the District of Columbia Solid Waste Disposal Act of 1989, effective July 25, 2019 (D.C. Law 8-16; 36 DCR 4155 (June 9, 1989)); as amended by Final Rulemaking published at 37 DCR 4238, 4240 (June 29, 1990); as amended by Final Rulemaking published at 39DCR 6346 (August 28, 1992); as amended by Final Rulemaking published at 52 DCR 10959 (December 16, 2005); as amended by Final Rulemaking published at 53 DCR 7233 (September 1, 2006); as amended by Emergency and Proposed Rulemaking published at 54 DCR 9040 (September 14, 2007) [EXPIRED]; as amended by Final Rulemaking published at 54 DCR 9563 (October 5, 2007); as amended by Final Rulemaking published at 55 DCR 8346 (August 1, 2008); as amended by Final Rulemaking published at 56 DCR 6179 (August 7, 2009); as amended by Final Rulemaking published at 57 DCR 6998 (August 6, 2010); as amended by Emergency and Proposed Rulemaking published at 58 DCR 8273 (September 23, 2011)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 9846 (November 18, 2011); as amended by Final Rulemaking published at 60 DCR 4833 (March 29, 2013); as amended by Final Rulemaking published at 66 DCR 13703 (October 18, 2019); as amended by the Waste Disposal Fees Regulation Amendment Act of 2020, effective December 3, 2020 (D.C. Law 23-149; 67 DCR 010493 (September 4, 2020)); as amended by Final Rulemaking published at 68 DCR 5894 (June 4, 2021); as amended by Fiscal Year 2022 Budget Support Act of 2021, effective November 13, 2021 (D.C. Law 24-45; 68 DCR 010163 (October 1, 2021)). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 720

21 DCMR § 721 PENALTIES

721.1 A solid waste collector who disposes of solid waste at a disposal facility owned by, operated by, or under contract with the District shall pay its disposal fees in advance by certified check or credit card, or by establishing an escrow account with a financial institution for monthly drawdowns by the District to pay for the collector's solid waste disposal fees. The escrow account shall maintain a balance equivalent to sixty (60) days of estimated disposal fees. Estimated disposal fees shall be based on the average of the solid waste collector's disposal cost from the preceding six (6) month period. If the disposal cost information for the preceding six (6) month period is not available, the Mayor shall reasonably determine the balance to be maintained in the escrow account. All escrow accounts shall be reconciled within five (5) business days after the date on which the solid waste disposal collector is notified of any deficiency in an escrow account. If the escrow account is not reconciled within five (5) business days, the Mayor shall impose a five percent (5%) penalty based on the amount due in the escrow account.

721.2 [REPEALED].

721.3 The Mayor may impose a fine of up to five hundred dollars ($500) against any solid waste collector who delivers any materials, required to be recycled pursuant to District law or regulation, for disposal at any waste-handling facility as defined in § 799.

721.4 If a person refuses to provide access to authorized DPW inspector pursuant to D.C. Official Code § 8–803, the Director may impose a fine of five hundred dollars ($500). Any person subject to a fine under this subsection may contest the legality of the DPW inspectors’ request for access at the administrative hearing adjudicating the proposed fine.

721.5 If the Director finds that any collector or an agent of a collector, violates any provision of this chapter, the Director may (in addition to any other remedy available) deny the collector or its agent access to the District of Columbia’s solid waste facilities for a period not to exceed thirty (30) days for each violation.

721.6 If the Director finds that a solid waste collector has committed three (3) or more violations of this chapter within a twelve (12) month period, the Director may (in addition to any other remedy available) suspend the collector’s registration for up to twelve (12) months.

721.7 If the Director finds that a solid waste collector has committed six (6) or more violations of this chapter within a twelve (12) month period, the Director may (in addition to any other remedy available) revoke the solid waste collector’s registration.

History

SOURCE: Final Rulemaking published at 37 DCR 4238, 4241 (June 29, 1990); as amended by § 116 of the Omnibus Budget Support Act of 1995, effective September 26, 1995 (D.C Law 11-52; 42 DCR 3684, 3697 (July 21, 1995)); as amended by Final Rulemaking published at 52 DCR 10959 (December 16, 2005); as amended by Final Rulemaking published at 65 DCR 13076 (December 22, 2017). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 721

21 DCMR § 722 SOLID WASTE COLLECTOR REGISTRATION

722.1 Each solid waste collector shall register annually with the Director. This registration is in addition to any license required by 21 DCMR § 710 with DCRA.

722.2 The fee for registration shall be fifty dollars fifty ($50) per collector plus fifty dollars fifty ($50) per collection vehicle.

722.3 Each solid waste collector shall provide a list of its solid waste collection vehicles to the Department in its collector registration submission and certify that the list which it provides is complete and accurate.

722.4 Solid waste collectors shall register annually by February 1 or within thirty (30) days of the collector beginning operation in the District.

722.5 Registration shall be valid February 1 through January 31 of the following year.

722.6 Beginning on January 1, 2019, the fee charged for registration of a solid waste collector by the Department may be adjusted annually based on the change in the Consumer Price Index value published by the U.S. Department of Labor.

722.7 All registered solid waste collectors shall have processes in place to ensure that source separated materials with accepted levels of contamination are delivered directly to a recycling or composting facility or dropped off as source separated materials at a transfer station.

722.8 All registered solid waste collectors shall submit reports as required by § 723.

722.9 Nothing in this section shall be construed to require an indigent person who collects recyclable materials to obtain a solid waste collector registration.

History

SOURCE: Final Rulemaking published at 64 DCR 13076 (December 22, 2017). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 722

21 DCMR § 723 SOLID WASTE COLLECTOR ANNUAL REPORTING

723.1 Each solid waste collector shall submit to the Director each year an annual solid waste report stating the tonnages, material types, and delivery locations of solid waste collected in the District.

723.2 Each solid waste collector shall retain corresponding certified scale tickets and other records of solid waste collected and disposed for three (3) years and provide any waste records, documents, or data compilations requested by the Director.

723.3 Information submitted in a solid waste collector’s reports shall not be distributed publicly by the Department except in aggregate by year, facility name, type, and waste type. Collector-specific information shall be designated as confidential. Except as otherwise provided by law or court order, collector-specific information may be used only by the Mayor, the Mayor’s agents and employees, other District agencies, and the United States Environmental Protection Agency, as authorized by the Mayor.

723.4 Annual reports shall be due on February 1 for the previous calendar year or for the portion of the previous calendar year in which the collector was operating in the District.

723.5 A solid waste collector shall maintain a copy of each day’s solid waste collection route and a list of customers served, and provide a copy to the Director within five (5) business days after the Director requests the list.

History

SOURCE: Final Rulemaking published at 64 DCR 13076 (December 22, 2017). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 723

21 DCMR § 724 [RESERVED]

21 DCMR § 725 [RESERVED]

21 DCMR § 726 [RESERVED]

21 DCMR § 727 [RESERVED]

21 DCMR § 728 [RESERVED]

21 DCMR § 729 [RESERVED]

21 DCMR § 730 SOLID WASTE FACILITY APPLICATION REQUIREMENTS

730.1 Applications for solid waste facility permits shall be completed and signed by the operator of the proposed or existing solid waste facility, and shall be submitted to the Department of Consumer and Regulatory Affairs on the form provided by the Department.

730.2 If a solid waste facility is owned by a person other than the operator, the owner shall also sign the application.

730.3 In order to be considered complete, an application for a solid waste facility permit must include the following information and documentation:

(a) The name, address, and telephone number of the owner of the solid waste facility;

(b) The name, address and telephone number of the operator of the solid waste facility, if the facility is to be operated by a person other than the owner;

(c) The name, address and telephone number of the registered agent of the operator of the solid waste facility, if the operator is a corporation or a limited partnership;

(d) The name under which the solid waste facility will operate;

(e) The location of the proposed or existing solid waste facility, including street address, zip code, ward, and lot and square numbers;

(f) A description of the type of solid waste and recyclable materials to be deposited at the solid waste facility and whether each type of waste will be processed, transferred or disposed;

(g) The maximum estimated quantity (measured in tons) of solid waste to be deposited at the solid waste facility on a daily and an annual basis;

(h) A description of the methods used to measure and record the tonnage of solid waste coming into and leaving the facility;

(i) The maximum estimated quantity (measured in tons) of solid waste to be removed from the solid waste facility on a daily and annual basis;

(j) A description of the methods to be used to determine and record the State or States (including the District of Columbia) where:

(1) Solid waste and recyclable material deposited at the solid waste facility were generated;

(2) Solid waste removed from the solid waste facility is deposited for final disposal; and

(3) Recyclable material removed from the solid waste facility is delivered for recycling or re-use;

(k) A description of the solid waste management and disposal practices to be used at the facility, including a description of any sorting, processing, separating, loading, unloading or other operations to be used in the disposal or partial disposal of solid waste at the solid waste facility;

(l) A description of each of the types of vehicles which will deposit solid waste at the facility or remove solid waste from the facility, including the gross weight rating of the largest sized vehicle which will be depositing or removing solid waste;

(m) A completed District of Columbia Government Environmental Impact Screening Form;

(n) A copy of engineering plans and specifications for the proposed or existing solid waste facility which are signed by and bear the seal of a professional engineer licensed in the District of Columbia. The submitted plans and specifications shall include the following:

(1) A site plan designating the property boundaries and showing all existing and proposed structures, roads and parking areas;

(2) Drawings of buildings and other structures located on the site upon which the solid waste facility is situated, showing the type of construction, and the layout and dimensions for the unloading, storage and processing areas;

(3) Drawings showing the location and dimension of major equipment and facilities within each structure;

(o) [RESERVED]

(p) A description of the methods which will be used to prevent, monitor, and control the presence of rodents and other disease vectors as well as vermin;

(q) A description of the fire prevention measures and equipment to be used by the facility to comply with the applicable provisions of the BOCA National Fire Prevention Code/1990 and the D.C. Fire Prevention Code Supplement of 1992. The description shall be accompanied by the engineering plans, drawings and specifications of the facility's fire prevention and fire alarm systems;

(r) A description of the methods to be used to control odor, dust, smoke and other air pollutants and noise. The description shall be accompanied by the engineering plans, drawings and specifications of the facility's as follows:

(1) Ventilation system;

(2) Odor, smoke and air pollution abatement system; and

(3) Dust control system;

(s) [RESERVED]

(t) A written emergency operational plan which provides for temporary alternative waste handling systems if the waste handling equipment is inoperative, including procedures for the use of stand-by equipment and the diversion of solid waste to other facilities;

(u) An application for an Environmental Mitigation-Closure Performance Bond to be issued to the solid waste facility and running to the District of Columbia government in the amount of one million dollars ($1,000,000) to become effective on the permit issuance date;

(v) A copy of the insurance policy or policies issued to the solid waste facility providing coverage for injuries to persons or their property resulting or arising from any act, omission or default of the owner or operator of the facility, or their employees or agents, in the operation of the solid waste facility, with a minimum coverage of one million dollars ($1,000,000) per occurrence;

(w) The DUNS numbers for the owner and operator of the solid waste facility;

(x) Certificates of good standing obtained from the Department of Consumer and Regulatory Affairs, if the owner and operator are corporations or limited partnerships;

(y) A certification from the Office of Tax and Revenue establishing that the owner and operator are registered as businesses in the District, and are not delinquent in the payment of any District taxes or fees;

(z) A certification from the Department of Public Works establishing that the owner and operator are not delinquent in the payment of any Department of Public Works fee, fine or surcharge;

(aa) The tax identification numbers issued by the federal government to the owner and operator;

(bb) Copies of all certificates of occupancy for the facility; and

(cc) Payment of the application fee of ten thousand dollars ($10,000) by certified check or money order made payable to the Treasurer of the District of Columbia.

730.4 Applicants and permit holders are under a continuing duty to supplement and update the information required by § 730.3 within ten (10) working days of any change. This additional information shall be forwarded to the Director in writing.

730.5 The making of a false statement on the application, or any attachment to the application, or in response to any question or request for information made by the Director, is punishable by the criminal penalties set forth in §404(b) of the District of Columbia White Collar Crimes Act of 1982, effective December 1, 1982 (D.C. Law 4-164; D.C. Official Code § 22-2514(b)).

History

SOURCE: Final Rulemaking published at 43 DCR 6816, 6820 (December 20, 1996). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 730

21 DCMR § 731 PROCEDURES FOR THE REVIEW OF APPLICATIONS FOR INITIAL SOLID WASTE FACILITY PERMITS AND THE ISSUANCE OF INTERIM OPERATING PERMITS

731.1 Upon receipt of an application for a solid waste facility permit, the Director shall review the application for completeness.

731.2 The Director shall return an incomplete solid waste facility permit application and shall identify the specific portions of the application which require completion and give a date certain (not less than ten (10) days) by which the application must be completed. If the applicant does not complete the application within the time provided, the application shall be deemed to be withdrawn by the applicant. The Director shall return the application fee, less a three hundred dollars ($300) processing charge within ninety (90) days of the applicant's failure to complete the application.

731.3 If an application was submitted on behalf of an existing facility on or before June 30, 1995, and the application meets the requirements for completeness in effect on that date, the Director shall do the following;

(a) Issue an interim operating permit to the facility; and

(b) Publish a notice in the District of Columbia Register which shall contain the information described in §§ 730.3 (a) through (g).

731.4 No person may operate a solid waste facility under the authority of an interim operating permit unless the facility is in compliance with applicable environmental, health, safety, and zoning laws, rules, and regulations and has obtained all required permits, licenses, and certificates.

731.5 If an application for a new facility meets the requirement for completeness, the Director shall publish a notice in the District of Columbia Register which shall contain the information described in §§ 730.3 (a) through (g).

731.6 Public comments concerning an application shall be submitted in writing to the Director within sixty (60) days following publication of the notice required by §§ 731.3 and 731.5.

731.7 Before the issuance of an interim operating permit, the Director shall inspect the facility.

731.8 The Director shall circulate the notice required by §§ 731.3(b) and 731.5 to the Fire and Emergency Medical Services, the Department of Public Works, the Office of Tax and Revenue, the Zoning Commission, the Department of Public Health, and to any other District agency as the Director believes is necessary, along with a request that the recipients inform the Director within forty-five (45) days whether the proposed or existing solid waste facility is in compliance with applicable environmental, health, safety, and zoning laws, rules, and regulations.

731.9 The Director shall send a copy of the notice provided for in §§ 731.3(b) and 731.5 to the Councilmember in whose ward the facility is or would be located and to the Advisory Neighborhood Commission whose area would be affected by the approval or denial of the application.

731.10 To be considered, the comments of the Councilmember in whose ward the facility is or would be located and the comments of the affected Advisory Neighborhood Commission shall be received by the Director sixty (60) days from the date the notice was sent. The Director shall accord great weight to timely comments submitted by the affected Advisory Neighborhood Commission.

731.11 The Director shall hold a public meeting to receive comments from the local community concerning the application, and the terms and conditions under which the facility should operate if the application is granted. A representative of the applicant shall do the following:

(a) Attend the public meeting;

(b) Make an oral presentation; and

731.12 If, upon review of an application, or of comments made by the public, a District agency, the Councilmember in whose ward the facility is or would be located, or the affected Advisory Neighborhood Commission, the Director determines that additional information is necessary in order to determine whether the application should be granted, the Director shall inform the applicant, in writing, of the information required, and shall specify the time within which the information must be submitted.

731.13 Applicants shall be given a minimum of ten (10) working days to submit the additional information requested pursuant to § 731.12.

731.14 Failure of the applicant to provide the additional information required by the Director within the time specified in § 731.13 shall result in the denial of the application.

731.15 The Director shall not grant an application for a solid waste facility permit unless the applicant proves that an existing facility meets, or that a proposed facility will meet, the following requirements:

(a) The construction and operation of the solid waste facility shall be in full compliance with all applicable environmental, health, safety, and zoning laws, rules, and regulations;

(b) The construction and operation of the solid waste facility shall not endanger human health, the public welfare, or the environment;

(c) A certificate of occupancy has been issued for the facility which plainly describes the use of the facility as a solid waste handling facility, or such other description as may be required by the Zoning Commission or the Board of Zoning Adjustment, except that the Director shall not deny an application of an existing facility solely on the basis that there is no certificate of occupancy which satisfies this requirement, if the applicant proves that it has submitted an application for a certificate of occupancy which would satisfy this requirement and the application is pending before the zoning authority. If the Board of Zoning Adjustment determines not to allow the use, the Director shall revoke the interim operating permit and deny the application for a solid waste facility permit;

(d) Areas where solid waste is or will be handled, deposited, placed, processed, or disposed, shall meet the following requirements:

(1) Be fully enclosed;

(2) Have impermeable floors;

(3) [Reserved]

(4) [Reserved]

(5) [Reserved]

(6) Be equipped with a ventilation system which meets the following minimum requirements:

(A) The ventilation system must draw outside air through windows, doors, truck bays and other building openings and subsequently exhaust it through a vent on the roof of the facility;

(B) The ventilation system must operate at a ventilation rate, cubic feet of air per minute, to ensure that outside air is drawn through windows, doors, truck bays and other building openings and subsequently exhausted through a vent on the roof of the facility;

(C) The top of the ventilation vent must be at least six (6) feet above roof line or two feet (2 ft.) taller than any neighboring building within ten feet (10 ft.) of the solid waste facility; and

(D) Air moving through the ventilation system shall move through air or dust collectors and other equipment necessary to remove particulate matter and malodorous by-products;

(7) An existing facility applicant shall have ninety (90) days following the publication date of the Notice of Final Rulemaking for this section in the D.C. Register to meet the requirements of §§ 731.15(d) (3)-(6);

(e) The proposed solid waste facility shall be constructed, or an existing facility shall be modified, so as to prevent disease vectors from entering the building through the facility's foundation, roof, exterior walls, doors, or conduits;

(f) The insurance policies are valid and meet the requirements of § 730.3(v); and

(g) An Environmental Mitigation - Closure Performance Bond has been issued to the solid waste facility pursuant to § 730.3(u).

731.16 If the Director determines that the applicant has met all the requirements set forth in § 731.15, the Director may issue a permit to the applicant.

731.17 If the Director determines that the application does not satisfy one or more of the requirements set forth in § 731.15, the Director shall provide the applicant with a proposed written decision denying the application which states the grounds for the denial, including a specific description of the condition, deficiency, or violation of law which furnished the basis of the denial.

731.18 At any time during the ninety-day (90) period following the issuance of the proposed decision, the applicant, without waiving its appeal rights, may provide the Director with written proof that the condition, deficiency or violation of law which was the basis of the denial has been cured. In the alternative, an existing facility may request the Director, in writing, to conduct a random inspection of the facility.

731.19 If the applicant has failed to submit the written proof or the written request for inspection referred to in § 731.18 within the time prescribed by that subsection, or if the Director finds, following a review of the written submission or an inspection of the solid waste facility, that the condition, deficiency, or violation of law which furnished the basis of the denial has not been cured, the Director shall inform the applicant in writing that the denial of its application is final, advise the applicant of its right to a hearing under the Act, and shall refund ninety percent (90%) of the application fee.

731.20 If the Director determines that the condition, deficiency or violation of law which furnished the basis of the denial has been cured, the Director may grant the application.

731.21 An interim operating permit issued to an existing facility shall become invalid on the date on which the Director grants or denies the facility's application for a solid waste facility permit, unless it has been previously revoked pursuant to § 738.

History

SOURCE: Final Rulemaking published at 43 DCR 6816, 6820 (December 20, 1996); as amended by § 3(b) of the Department of Public Health Establishment Act of 1992, effective March 13, 1993 (D.C. Law 9-182; 39 DCR 8203 (November 13, 1992)); as amended by the Solid Waste Facility Permit Amendment Act of 2014, effective March 10, 2015 (D.C. Law 20-188; 61 DCR 12114 (November 28, 2014)). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 731

21 DCMR § 732 SOLID WASTE FACILITY PERMIT TERMS AND CONDITIONS

732.1 If the Director concludes that an application for a solid waste facility permit should be granted, the Director shall issue a solid waste facility permit which shall specify, as the Director determines, the following operating requirements:

(a) The types of solid waste which can be delivered to the solid waste facility;

(b) The solid waste processing and disposal procedures to be followed by the solid waste facility;

(c) The annual and, if appropriate, daily, weekly or monthly tonnage limits of solid waste which may be delivered to the solid waste facility;

(d) The solid waste facility's approved days and hours of operation. Except as provided in subparagraph (d)(4) of this subsection, or as may be modified by the Zoning Commission or the Board of Zoning Adjustment, the days and hours of operation in accordance with subparagraphs (d)(1) through (d)(3) as follows:

(1) Solid waste facilities located within three hundred feet (300 ft.) of a residential property line shall be precluded from operating between the hours of 7:00 p.m. and 6:00 a.m. Monday through Saturday;

(2) Solid waste facilities located more than three hundred feet (300 ft.) of a residential property line shall be precluded from operating between the hours of 7:00 p.m. and 6:00 a.m. Monday through Saturday;

(3) Solid waste facilities shall be precluded from operating on Sundays; and

(4) Authorization of a solid waste facility to operate on a Sunday, or during hours otherwise prohibited by subparagraphs (d)(1) and (d)(2) may be granted by the Director if the expanded hours of operation do not exceed the limits set by the Zoning Commission or the Board of Zoning Adjustment and the applicant proves to the Director's satisfaction that the additional hours of operation will not adversely affect the reasonable enjoyment of life and property of persons residing within a one-quarter (1/4) mile radius of the facility;

(e) Any additional insurance required beyond the minimum established by § 730.3(v); and

(f) Other terms and conditions as are necessary to safeguard human health, the public welfare, and the environment, and to assure compliance with the Act and all environmental, health, safety, and zoning laws, rules, and regulations.

732.2 Each interim operating permit and solid waste facility permit shall indicate that the terms and conditions of the permit include the obligation of the permittee to abide by all the laws, rules and regulations of the District of Columbia which are applicable to solid waste facilities.

History

SOURCE: Final Rulemaking published at 43 DCR 6816, 6825 (December 20, 1996); as amended by the Solid Waste Facility Permit Amendment Act of 2014, effective March 10, 2015 (D.C. Law 20-188; 61 DCR 12114 (November 28, 2014)). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 732

21 DCMR § 733 SOLID WASTE FACILITY OPERATING REQUIREMENTS

733.1 Solid waste facilities shall comply with the following operating requirements, each of which is incorporated by reference into every solid waste facility permit and interim operating permit:

(a) The unenclosed areas of the facility shall be maintained free of solid waste and litter;

(b) Scales approved by the Department sufficient to measure the gross weight of loaded vehicles, entering and exiting the facility (including rail cars where applicable) shall be used and maintained;

(c) A sign displaying the facility's business name, telephone number, and hours of operation and the type of solid waste accepted at the facility shall be posted and maintained at the entrance to the facility and shall be visible from the street. The sign shall measure at least thirty inches by thirty inches (30 in. x 30 in.);

(d) The facility shall be secured from unauthorized entry and the unauthorized removal or dumping of solid waste or other materials when attendants are not present;

(e) Solid waste delivered to the facility shall only be deposited, placed, sorted, disposed or processed in an enclosed building with impermeable floors;

(f) Storage containers used for the temporary storage of solid waste, shall be securely covered, nonabsorbent, and leak-proof;

(g) Solid waste shall not be accepted, processed, transferred, or removed from the facility except during the approved hours of operations specified on the facility's permit.

(h) All solid waste shall either be removed from the facility by the conclusion of the facility's approved hours of operations specified on the facility's permit or stored inside the facility in containers or cargo areas of vehicles; Provided, that the containers and cargo areas are leak-proof and fully enclosed on all sides by metal;

(i) Areas where solid waste is handled, including floors and the portion of walls which come into contact with solid waste, and equipment used to handle solid waste, shall be cleaned, swept, washed and deodorized each day immediately following the conclusion of the facility's approved hours of operation specified on the facility's permit;

(j) All business records pertinent to the operation of the facility shall be maintained at the facility and kept available for inspection;

(k) Access to the facility, including all structures, equipment and records contained therein, shall be immediately granted during approved hours of operation to inspectors, investigators and officials of the Department of Consumer and Regulatory Affairs, the Department of Public Works, the Fire and Emergency Medical Services, the Department of Public Health, and other persons authorized to inspect solid waste facilities;

(l) The facility shall implement effective dust control measures and minimize dust generation;

(m) The facility shall not emit odor(s) beyond its property line which are injurious to the public health or welfare, or which interfere with the reasonable enjoyment of life and property;

(n) Noise emissions from the facility shall be controlled to prevent health hazards and nuisance to the general public;

(o) Waste of any kind shall not be incinerated at a solid waste handling facility;

(p) The facility shall be kept free from rodent and other disease vector harborage;

(q) The facility shall carry out rodent extermination and pest control operations sufficient to eradicate all rodent and disease vectors;

(r) The solid waste facility shall be constructed and operated in compliance with the minimum permit requirements set forth in §731.15, unless stricter requirements are specified in the permit, in which case the latter shall govern, except that existing solid waste facilities shall have ninety (90) days from December 20, 1996, to comply with the requirements of §731.15(d)(6);

(s) The solid waste facility shall operate and maintain a ventilation system in compliance with the minimum requirements set forth in §731.15(d)(6) or such additional requirements as the Director may provide for in the facility's permit;

(t) If determined by the Director to be necessary, the facility shall station personnel at its entrance(s) and exit(s) to ensure that vehicles entering or leaving the solid waste facility do so in an orderly manner, without obstructing or causing damage to adjacent streets or alleys;

(u) The facility shall not allow trucks or other vehicles depositing or picking up solid waste or any other material to back in from, back out onto, or queue on adjacent public streets or alleys;

(v) The facility shall not place any container, trailer, or other receptacle on any public space including streets and alleys;

(w) A solid waste facility shall, on a quarterly basis, submit a form prescribed by the Director certifying compliance with paragraph (g) of this subsection.

(x) A solid waste facility shall, on a quarterly basis, submit a form prescribed by the Director certifying compliance with paragraph (h) of this subsection.

(y) A solid waste facility shall, on a quarterly basis, have a third party approved by the Director conduct testing of the ventilation system to ensure compliance with paragraph (s) of this subsection and shall submit those results to the Department.

733.2 Each operating requirement specified in this section shall be considered a material permit term and condition, a violation of which is sufficient cause for suspension or revocation of a solid waste facility permit or an interim operating permit.

History

SOURCE: Final Rulemaking published at 43 DCR 6816, 6826 (December 20, 1996); as amended by § 3(b) of the Department of Public Health Establishment Act of 1992, effective March 13, 1993 (D.C. Law 9-182; 39 DCR 8203 (November 13, 1992)); as amended by the Solid Waste Facility Permit Amendment Act of 2014, effective March 10, 2015 (D.C. Law 20-188; 61 DCR 12114 (November 28, 2014)). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 733

21 DCMR § 734 PERMIT MODIFICATION

734.1 The Director may modify a solid waste facility permit at any time to mitigate adverse environmental or community impact, to comply with changes to existing law, or upon the application of the owner or operator of a solid waste facility submitted in accordance with the Act.

734.2 If the Director modifies a permit, notice of the modification shall be served on the facility operator and owner. The modification shall not go into effect until fifteen (15) days after the notice has been personally served, or eighteen (18) days if served by first class mail.

734.3 If any person requests a hearing about a proposed modification in a timely manner, the permit modification shall not go into effect until a decision and order is issued by the Office of Adjudication. However, nothing contained herein shall restrict the Director's authority to issue a cease and desist order which restricts or prohibits the operation of a facility.

734.4 The application fee for a permit modification requested by the facility shall be one thousand dollars ($1,000).

734.5 An application for a modification of a solid waste facility permit shall be completed and signed by the operator of the solid waste facility, submitted to the Department of Consumer and Regulatory Affairs on the form provided by the Department, and shall include all of the information and documentation required by § 730.3 which will change if the modification is granted.

734.6 If a solid waste facility is owned by a person other than the operator, the owner shall also sign the application.

734.7 Upon receipt of an application for modification of a solid waste facility permit, the Director shall follow the procedures set forth in §§ 731.1 through 731.5, and §§ 731.8 through 731.20.

734.8 The Director shall not grant an application for a modification of a solid waste facility permit unless the applicant certifies that it is presently in compliance with the terms and conditions of its permit, and the Director determines that the solid waste facility as modified continues to meet requirements of § 731.15.

734.9 If an application for modification of a solid waste facility permit is denied, the Director shall notify the applicant of the decision in writing, state the grounds for the denial, and shall inform the applicant of its right to a hearing under the Act.

734.10 If the Director determines that an application for modification of a solid waste facility permit should be granted, the Director shall modify the permit to the extent the Director has determined is appropriate, and shall add any additional permit terms and conditions to safeguard human health, the public welfare, and the environment as are necessary due to the modification granted.

734.11 All permit terms and conditions not modified shall remain in effect.

734.12 Applicants for a modification of a solid waste facility permit have a continuing duty to supplement and update the information required by § 734.5 within ten (10) working days of any change. Additional information shall be submitted to the Director in writing.

734.13 The provisions of § 730.5 shall apply to applications for modification of solid waste facility permits.

History

SOURCE: Final Rulemaking published at 43 DCR 6816, 6829 (December 20, 1996); as amended by the Solid Waste Facility Permit Amendment Act of 2014, effective March 10, 2015 (D.C. Law 20-188; 61 DCR 12114 (November 28, 2014)). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 734

21 DCMR § 735 PERMIT RENEWAL

735.1 Applications for renewal of solid waste facility permits shall be completed and signed by the operator of the solid waste facility and submitted to the Department of Consumer and Regulatory Affairs on the form provided by the Department at least one-hundred twenty (120) days prior to the expiration date of the current permit.

735.2 If a solid waste facility is owned by a person other than the operator, the owner shall also sign the application.

735.3 An applicant for a renewed permit may request changes in the present permit terms which would otherwise require the submittal of an application for a modification of the solid waste permit.

735.4 Separate applications for permit modifications will not be accepted within ninety (90) days prior to the expiration date of the current permit.

735.5 An application for a modification of a solid waste facility permit which is pending at the time that a timely renewal application has been filed shall be considered to be part of the renewal application.

735.6 If the owner or operator of a solid waste facility fails to submit a renewal application at the time specified by § 735.1, the solid waste facility shall cease operations at the expiration of the current permit and any pending application for modification of the solid waste facility permit shall be returned to the applicant as void.

735.7 A renewal application shall contain the information, documentation and fee payment required by § 730.3.

735.8 Applicants for a renewed permit are under a continuing duty to supplement and update the information required by §735.7 within ten (10) working days of any change. This additional information shall be submitted to the Director in writing.

735.9 The provisions of § 730.5 shall apply to applications for renewal of solid waste facility permits.

History

SOURCE: Final Rulemaking published at 43 DCR 6816, 6831 (December 20, 1996); as amended by the Solid Waste Facility Permit Amendment Act of 2014, effective March 10, 2015 (D.C. Law 20-188; 61 DCR 12114 (November 28, 2014)). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 735

21 DCMR § 736 REVIEW OF APPLICATIONS FOR RENEWED SOLID WASTE FACILITY PERMITS

736.1 Upon receipt of an application for renewal of a solid waste facility permit, the Director shall follow the procedures set forth in §§ 731.1 through 731.6, and §§ 731.8 through 731.20.

736.2 In addition to the requirements of § 731.15, the Director shall not grant an application for renewal of a solid waste facility permit unless the applicant demonstrates that the solid waste facility is in compliance with the terms of its current permit.

736.3 If the Director determines that an application for renewal of a solid waste facility permit should be granted, the provisions of §§ 732 and 733 shall apply.

History

SOURCE: Final Rulemaking published at 43 DCR 6816, 6831 (December 20, 1996); as amended by the Solid Waste Facility Permit Amendment Act of 2014, effective March 10, 2015 (D.C. Law 20-188; 61 DCR 12114 (November 28, 2014)). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 736

21 DCMR § 737 REPORTING REQUIREMENTS

737.1 Owners and operators of solid waste facilities shall, for each facility owned or operated, submit a written report to the Department of Public Works on the tenth (10th) day every month. If the tenth (10th) day falls on a Saturday, Sunday or holiday, the report shall be due on the next business day following the tenth (10th) day. The report shall be on a form which may be obtained at the Department of Public Works, and shall contain the following information:

(a) The solid waste facility's name, address and telephone number;

(b) The name and title of the person completing the form;

(c) With respect to all solid waste and recyclable material delivered to the solid waste facility between the first and last day of the preceding month:

(1) The total tonnage of solid waste and recyclable material generated in the District of Columbia delineated by waste and material type; and

(2) The total tonnage of solid waste and recyclable material generated outside the District of Columbia delineated by waste and material type;

(d) With respect to all recyclable material transferred from the solid waste facility between the first and last day of the preceding month:

(1) The total tonnage of recyclable material transferred from the solid waste facility by material type; and

(2) Location, by facility name and address, where each type of material was reused or recycled;

(e) As to all solid waste transferred from the solid waste facility between the first and last day of the preceding month:

(1) The total tonnage of solid waste transferred from the solid waste facility by waste type;

(2) Location, by facility name and address, where each type of waste was disposed; and

(3) The tonnage of the solid waste disposed within each State and facility identified in response to subparagraph (e)(2) of this subsection.

737.2 The monthly tonnage reports shall be submitted on forms provided by the Department of Public Works, be based upon actual daily scale records maintained by the solid waste facility operator, and shall include a certification of accuracy signed by the owner or operator of the solid waste facility.

737.3 The submission of an incomplete, misleading, or false monthly report shall be considered a failure to submit a report in violation of the Act.

737.4 The submission of a monthly report does not relieve a permittee from the obligation to update information on file with the Director as required by §§ 730.4, 734.12 and 735.8.

737.5 The solid waste facility operator shall retain a copy of all daily scale data at the facility for a minimum of three (3) years.

737.6 The provisions of § 730.5 shall apply to written reports submitted pursuant to this section.

737.7 The facility shall pay the solid waste facility charge in conjunction with the submittal of its monthly report by a check or money order payable to the D.C. Treasurer.

737.8 Except as provided in § 737.9, the facility shall pay a sum equal to the amount of solid waste deposited or delivered to the facility during the preceding month, as indicated in its monthly report, multiplied by four dollars ($4) per ton.

737.9 A facility that exclusively receives and processes construction and demolition waste shall pay a sum equal to the amount of construction or demolition material deposited or placed at the facility during the preceding month, as indicated in its monthly report, multiplied by two dollars ($2) per ton.

History

SOURCE: Final Rulemaking published at 43 DCR 6816, 6832 (December 20, 1996). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 737

21 DCMR § 738 [RESERVED]

History

SOURCE: Final Rulemaking published at 43 DCR 6816 (December 20, 1996). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 738

21 DCMR § 739 CESSATION OF OPERATIONS

739.1 A solid waste facility shall immediately cease operation without additional notice if:

(a) It is an existing solid waste facility operating under an interim operating permit which has been notified by the Director that its application for a solid waste facility permit has been denied;

(b) The Director revokes or suspends the facility's interim operating permit or solid waste facility permit:

(d) The facility's solid waste permit has expired.

739.2 The owner or operator of a solid waste facility which voluntarily and permanently ceases operations shall notify the Director in writing five (5) days prior to the closing. Failure to notify the Director shall constitute abandonment of the facility.

739.3 The owner or operator of a solid waste facility which permanently ceases operations, whether voluntarily or involuntarily, shall remove all solid waste from the facility within twenty-four (24) hours following the closing. The facility shall also be thoroughly cleaned, including floors, walls, and all equipment used to handle solid waste.

739.4 In the event that the owner or operator of a solid waste facility fails to act in accordance with § 739.3, the Director may issue a written notice directing compliance.

739.5 If the owner or operator fails to comply with the written notice issued pursuant to § 739.4 within the time period stated in the notice, the Director may remove the solid waste from the facility, clean the facility, and take any other corrective actions as are necessary to safeguard human health, the public welfare, or the environment.

739.6 The Director may assess a penalty against the person or persons named in the written notice issued pursuant to § 739.4 equal to triple the costs of undertaking the actions undertaken pursuant to § 739.5. The costs and penalties may be recouped by the District from the facility's environmental mitigation bond, or by a lien against the real property and or equipment or any other method available under the law.

History

SOURCE: Final Rulemaking published at 43 DCR 6816, 6834 (December 20, 1996). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 739

21 DCMR § 740 [RESERVED]

History

SOURCE: Final Rulemaking published at 43 DCR 6816 (December 20, 1996). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 740

21 DCMR § 741 SCHEDULE OF FINES FOR VIOLATIONS

741.1 The following schedule of fines is established for each violation of any provision of this chapter:

(a) Accepting, processing, transferring or removing solid waste during hours not in accordance with the terms of its permit in violation of § 733.1(g) …..$5,000 per incident;

(b) Allowing vehicles to back in or back out of the facility onto an adjacent public street or alley in violation of § 731.1(u) .….$500 per incident;

(c) Allowing vehicles to queue for the facility on an adjacent public street or alley in violation of § 731.1(u) …..$2,500 per incident;

(d) Constructing a solid waste facility without a solid waste facility permit or in violation of § 4(a) of the Act .....$5,000 per day;

(e) Failure to allow access to a person authorized to inspect the facility in violation of § 733.1(k) …..$5,000 per incident;

(f) Failure to display a sign at the entrance to the solid waste facility in accordance with § 733.1(c) ..…$500 per day;

(g) Failure to either remove solid waste from the solid waste facility by the conclusion of the facility's approved hours of operation or store the waste inside the facility in containers or cargo areas of vehicles which are fully enclosed by metal on all sides in violation of § 733.1(h)…..$5,000 per incident;

(h) Failing to maintain the unenclosed areas of the solid waste facility free of solid waste and litter in violation of § 733.1(a) ..…$10,000 per incident;

(i) Failing to maintain or use a scale approved by the Director in violation of § 733.1(b) …..$2,500 per incident;

(j) Failure to properly secure the premises in violation of § 733.1(d) .….$5,000 per incident;

(k) Failure to station personnel at the entrance(s) and exits of the facility to ensure that vehicles entering or leaving the solid waste facility do so in an orderly manner, without obstructing or causing damage to adjacent streets or alleys (if required by the Director) in violation of § 733.1(t) .….$2,500 per incident;

(l) Operating an open solid waste facility in violation of § 3 of the Act ..…$25,000 per day;

(m) Operating a solid waste facility after service of a cease and desist…..$25,000 per day;

(n) Operating a solid waste facility which emits odor, smoke or air pollutants into the air in violation of § 733.1(m) .….$2,500 per incident;

(o) Operating a solid waste facility which is not free from rodent and other disease vector harborage in violation of § 733.1(p) ..…$2,500 per day;

(p) Operating a solid waste facility without a solid waste facility permit or an interim operating permit in violation of § 4(a) of the Act ……$25,000 per day;

(q) Operating in violation of any material term or condition of a solid waste permit in violation of § 4(a) of the Act, or operating in violation of the operating requirements of this section for which a fine has not been specifically described in the Act or in this section……$2,500 per incident for each term or condition violated;

(r) Placing any storage container(s), trailer(s), or other receptacle on public space in violation of § 731.1(v)……$5,000 per incident; and

(s) Substantial alteration of a solid waste facility without prior approval in violation of §§ 4(c) or 4(d) of the Act …..$5,000 per incident.

History

SOURCE: Final Rulemaking published at 43 DCR 6816, 6835 (December 20, 1996). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 741

21 DCMR § 799 DEFINITIONS

799.1 When used in this chapter, the following words and phrases shall have the meanings ascribed:

Approved - compliance with published standards specifically applicable to the device, method, thing, procedure, or facility under consideration and which standards have been approved by the Director or the Director's agent.

Abandoned vehicle - any motor vehicle, trailer, or semitrailer that is left, parked, or stored on public space for more than forty-eight (48) hours or on private property for more than thirty (30) days, and to which at least two (2) of the following apply:

(a) The vehicle is extensively damaged, including fire damage;

(b) The vehicle is apparently inoperable, including a vehicle missing its transmission, motor, or one or more tires, and which is not undergoing emergency repair;

(d) The vehicle does not display valid tags or a valid registration sticker.

Ashes - the residue from the burning of wood, coal, coke, or other combustible materials.

Baler - a machine used to compress and bind a quantity of solid waste or other material.

Bin Liner- a plastic bag used to protect a collection receptacle from residue which may also facilitate the transport of materials to a point of collection prior to final removal.

Bulk or bulky waste - the large items of solid waste such as appliances, furniture, and other materials too large to fit into a curbside bin.

Carry container - a container used to transfer solid wastes from premises to a collection vehicle.

Catch basin - an enlarged and trapped inlet to a sewer designed to capture debris and heavy solids carried by storm or surface water.

Clean condition - free of litter, debris, and weeds.

Collection vehicle – any vehicle whose primary purpose is the transportation or collection of solid waste or which is used over fifty percent (50%) of the time to transport or collect solid waste. (Also see licensed collection vehicle.)

Compost- a stable, organic substance produced by a controlled decomposition process that can be used as a soil additive, fertilizer, growth media, or other beneficial use.

Compostable – made solely of materials that break down into, or otherwise become part of, usable compost in a safe and timely manner in an appropriate program.

Composting or composted - the series of activities, including separation, collection, and processing, through which materials are recovered or otherwise diverted from the solid waste stream for conversion into compost.

Construction and Demolition Wastes - the waste building materials and rubble resulting from construction, remodeling, repair, and demolition operation on houses, commercial buildings, pavements, and other structures.

Contaminated recyclables - solid waste delivered to a District facility for disposal subject to the payment of the fee established in Subsection 720.8 for the disposal of commodities in the District’s solid waste reduction and recycling program (“recyclable commodities”), but which load is found, upon inspection, to consist of more than eighteen percent (18%) per load, measured by weight of solid waste, other than recyclable commodities.

DCRA - The Department of Consumer and Regulatory Affairs

Debt reserves - the estimated cost of anticipated capital improvements and repairs to the District's solid waste disposal system including, but not limited to, landfill replacement costs, incinerator repairs, and the construction of any waste-handling facilities. (21 DCMR § 719)

Debt retirement - the sum of principal and interest estimated by the District to be paid in the current fiscal year for the purpose of reducing the long term debt related to the solid waste disposal system. (21 DCMR § 719)

Department - the Department of Public Works (or its successor agencies), except as provided in § 799.2.

Disposal area - any site, location, tract of land, area, building, structure or premises used or intended to be used for partial or total solid waste disposal.

Director- the Director of the Department of Public Works (or its successor agencies) or his or her designee, except as provided in § 799.2.

DPW - the Department of Public Works (or its successor agencies).

Enclosed collection vehicle - a vehicle that is specifically made or has been adapted for the collection of solid waste refuse (trash), having a watertight body, either entirely enclosed or having a cover made of metal or other rigid material, with only the loading hopper exposed. (24 DCMR § 6800)

Estimated material processing costs - the costs associated with the preparation, handling, and disposal of the various types of waste at the waste-handling facilities. These include prior fiscal year operating costs, estimated debt retirement or reserves, and other expenses attributable to operating the waste-handling facilities. (21 DCMR § 719)

Food waste - animal and vegetable waste resulting from the storage, handling, preparation, cooking, or serving of foods.

Food waste grinder - a device for pulverizing food waste (garbage) into the sanitary sewerage system.

Hazardous waste - as defined in Section 2(2A) of the Illegal Dumping Enforcement Amendment Act of 1994, effective May 20, 1994 (D.C. Law 10-117; D.C. Official Code § 8-901(2A)), any waste or combination of wastes of a solid, liquid, contained gaseous, or semisolid form which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, as established by the Mayor, may:

(a) Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or

(b) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. Such wastes include, but are not limited to, those which are toxic, carcinogenic, flammable, irritants, strong sensitizers, or which generate pressure through decomposition, heat, or other means, as well as containers and receptacles previously used in the transportation, storage, use or application of the substances described as a hazardous waste.

Household hazardous waste - small quantities of hazardous wastes generated from homes and similar sources that are exempt from federal regulations, but exhibit dangerous characteristics such as ignitability, corrosivity, reactivity, or toxicity. (D.C. Law 7-38).

I-95 Complex Fee - the cost per ton that the District government pays to dispose of a specific waste type at the I-95 Resource Recovery, Land Reclamation, and Recreational Complex in Fairfax County, Virginia. (21 DCMR § 719)

Industrial waste - solid wastes which result from industrial processes and manufacturing operations such as factories, processing plants, repair and cleaning establishments, refineries and rendering plants.

Licensed collection vehicle - a solid waste collection vehicle licensed by DCRA in accordance with §§ 710,711, and 712 which either collects refuse (trash) and/or has a dumping mechanism.

Mayor’s List of Recyclables and Compostables - a list updated regularly by DPW, which identifies items that are recyclable or compostable in the District of Columbia.

Occupant - any person who has a leasehold right, ownership interest, management responsibility, or direct or indirect control over the maintenance or affairs of any space within a residential or commercial building.

Office of Waste Diversion - An office located in the Director’s Office in the Department of Public Works.

Open dump - an area on which there is an accumulation of solid waste from one or more sources without proper cover materials.

Operating costs - any cost related to the daily operation of the waste-handling facilities, including but not limited to, the following:

(a) Personal services:

(1) Salaries;

(2) Additional gross pay; and

(3) Fringe benefits; and

(b) Non-personal services:

(1) Supplies and materials;

(2) Utilities, communication and building rentals;

(3) Other services and charges provided by external parties;

(4) Equipment purchase and rental; and

(5) Subsidies and transfers. (37 DCMR § 4243)

Person - any individual, firm, partnership, company, corporation, trustee, association, or any other private or public entity.

Premises - a building, together with any fences, walls, sheds, garages, or other accessory buildings appurtenant to that building, and the area of land surrounding the building and actually or by legal construction forming one enclosure in which the building is located.

Private collection property – any property that does not receive solid waste collection services from the District

Projected tonnage - the solid waste tonnage for the prior fiscal year, adjusted to reflect the estimated changes in tonnage for the current fiscal year as presented in the “Comprehensive Solid Waste Management Plan.” (21 DCMR § 719)

Putrescible wastes - wastes that are capable of being decomposed by microorganisms with sufficient rapidity as to cause nuisances from odors, gases, and similar objectionable conditions. Kitchen wastes, offal, and dead animals are examples of putrescible components of solid waste.

Public collection property - a property that receives solid waste collection from the District either directly or through contract.

Recycle or Recycled or Recycling - the series of activities, including separation, collection, and processing, through which materials are recovered or otherwise diverted from the solid waste stream for use as raw materials or in the manufacture of products other than fuel.

Refuse - solid waste that is collected for disposal by incineration or at a landfill.

Solid waste - garbage, refuse, trash, or any other waste or waste product, including recyclable, compostable, or otherwise reusable material, whether in solid, liquid, semisolid, or contained gaseous state, resulting from an industrial, commercial, residential, or government operation or community activity; provided, that the following are not considered solid waste for the purposes of this chapter:

(a) Hazardous waste, as defined in Section 2(2A) of the Illegal Dumping Enforcement Amendment Act of 1994, effective May 20, 1994 (D.C. Law 10-117; D.C. Official Code § 8-901(2A));

(b) Medical waste, as defined in Section 2(3A) of the Illegal Dumping Enforcement Amendment Act of 1994, effective May 20, 1994 (D.C. Law 10-117; D.C. Official Code § 8-901(3A)); and

(c) Construction and demolition waste subject to Sections 406 and 503 of Title 12-K of the District of Columbia Municipal Regulations

Solid waste collector - any business, non-profit, or government entity engaged in the collection or transportation of solid waste in the District including:

Businesses or persons removing solid waste under an approved self-implementing plan, as provided in § 705.12

Electronic collectors

(d) Food waste collectors

(e) Recycling collectors

(f) Textile collectors

(g) Traditional refuse (trash) collectors

(h) Yard waste collectors

(i) Other collectors of any type of solid waste

Solid waste storage - the temporary on-site storage of solid waste.

Source separated - Waste that is separated at the point of discard into, recyclable materials, compostable materials, and refuse (trash).

Special handling costs - the extraordinary costs associated with the handling of a specific waste type at the waste-handling facilities. (37 DCMR § 4243)

Street refuse (trash) - material picked up by manual or mechanical sweeping of alleys, streets and sidewalks, litter from public litter receptacles, and dirt removed from catch basins.

Supercans - a mobile refuse (trash) container on wheels having a serial number beginning with a D.C. prefix provided by the District to eligible premises specifically for use in the storage and collection of household refuse (trash). (D.C. Law 5-20)

Trash - See Refuse.

Weeds - uncultivated or wild vegetation that is greater than four inches (4 in.) in height. (D.C. Law 8-31)

Yard waste - prunings, grass clippings, weeds, leaves, and general yard and garden wastes.

History

SOURCE: Regulation No. 71-21 approved June 29, 1971, published at 18 DCR 16 (July 12, 1971); as published at 8 DCRR §§ 8-3:601-614; as amended by Regulation 73-26, approved December 14, 1973, published at 20 DCR 545 (January 21, 1974), amending 8 DCRR §§ 8-602, 607; as amended by § 2(a) of the Solid Waste Control Act of 1977, effective April 6, 1978 (D.C. Law 2-69; 24 DCR 6800 (February 17, 1978)); as amended by § 2(b) of the Solid Waste Regulations Amendments Act of 1983, effective August 2, 1983 (D.C. Law 5-20; 30 DCR 3331 (July 8, 1983)); as amended by § 3(a) of the Litter Control Expansion Amendment Act of 1987, effective October 9, 1987 (D.C. Law 7-38; 34 DCR 5326 (August 14, 1987)); as amended by § 3 of the District of Columbia Solid Waste Regulations Amendments Act of 1989, effective September 20, 1989 (D.C. Law 8-31; 36 DCR 4750, 4752 (July 7, 1989)); as amended by Final Rulemaking published at 37 DCR 4238 (June 29, 1990); as amended by Final Rulemaking published at 43 DCR 6816, 6837 (December 20, 1996); as amended by Final Rulemaking published at 64 DCR 13076 (December 22, 2017); as amended by Final Rulemaking published at 68 DCR 5894 (June 4, 2021). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 799

21-8 SOLID WASTE CONTAINER SPECIFICATIONS

21 DCMR § 800 GENERAL PROVISIONS

800.1 The purpose of the specifications set forth in this chapter is to establish minimum standards for the containerization of solid waste (refuse), and thereby promote the health, safety and welfare of the people of the District of Columbia, as well as enhance and improve the quality of the environment.

800.2 The specifications set forth in this chapter shall apply to all of the containerization of solid waste (refuse) within the District of Columbia except containers used by residential property owners whose solid waste is collected by the District of Columbia government.

800.3 All paper bags (wet strength Kraft paper), plastic bags (polyethylene or ethylene copolymer resin), thermoplastic containers, galvanized metal cans, and other specially designed containers distributed, sold, and used for the containment of solid waste (refuse) within the District shall conform to specifications prescribed in this chapter.

800.4 Prior to granting the approval for the distribution, sale, or use of any bags, containers, or other specially designed containers for the containment of solid waste (refuse) in the District, the Director of the Department of Public Works (hereafter referred to as the "Director") may conduct, or order the manufacturer or distributor of the product(s) to conduct, the necessary laboratory tests to determine whether the product(s) is(are) in conformity with the specifications prescribed in this chapter.

800.5 A permit shall be issued to applicants (manufacturers or distributors only) who have complied with the applicable requirements of the specifications set forth in this chapter. The permit shall be non-transferrable and shall be exclusive property of the applicant.

800.6 The Director may conduct or order the manufacturer or distributor of any container displaying the official logo or printed statement of approval (as prescribed in the specifications set forth in this chapter) to conduct, in an independent testing laboratory selected by the Director, any tests which are necessary to determine whether the container is in conformity with the provisions of the specifications.

800.7 The expenses for all tests shall be borne by the manufacturer or distributor.

800.8 The Director may require the appearance for testing purposes of any manufacturer, distributor, retailer, or user of any container displaying the official logo or printed statement of approval.

800.9 - 800.25 [Reserved]

800.26 Any person who fails to comply with any provision of Chapter 8 shall, upon conviction, be punished by the fines set forth in Title 24 DCMR, Chapter 13 (Civil Fines Under D.C. Law 6-100).

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is §§401 and 402 of Reorganization Plan No. 3 of 1967, effective August 11, 1967, filed August 11, 1967, D.C. Code Vol. 1 at 126 (1981 Ed.); Commissioner's Order 71-255 dated July 27, 1971, and Commissioner's Order 71-329 dated August 27, 1971; §412 of the District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 790. Pub.L. 93-198, D.C. Code §1-227(a) (1992 Repl. Vol.).
SOURCE: Final Rulemaking published at 26 DCR 6221 (January 5, 1979), incorporating text of Proposed Rulemaking published at 25 DCR 4228 (November 3, 1978); 5T DCRR §§1. 2. 4, 13, and 16 (September 21, 1970); as amended by §2(e) of the Litter Control Fine Increase Amendment Act of 1995), D C Law 11-13 24 DCR 1268, 1280 (March 17, 1995).

21 DCMR § 801 PAPER BAGS FOR UNCOMPACTED SOLID WASTE

801.1 Paper bags shall be fabricated from new and unused wet-strength kraft paper, wholly extensible or wholly non-extensible or equivalent.

801.2 All wet-strength paper shall be distinctly marked on the outer surface for identification by longitudinal stripes spaced not less than two inches (2 in.) nor more than ten inches (10 in.) apart across the paper width, and each stripe shall be not less than one eighth inch (1/8 in.) in width. No other grade of paper used in the bags shall be striped in this manner.

801.3 For multi-ply bags, the identification marking shall appear on the external surface of the bag.

801.4 The non-extensible paper used to construct single-ply or multi-ply bags shall be a nominal basis weight of one hundred pounds (100 lbs.) per five hundred (500) sheets, and a minimum basis weight of ninety-five pounds (95 lbs.) per five hundred (500) sheets. The size of each sheet is twenty-four inches by thirty-six inches (24 in. x 36 in.).

801.5 The extensible or equivalent paper used to construct single-ply or multi-ply bags shall have a nominal basis weight of ninety pounds (90 lbs.) per five hundred (500) sheets, and a minimum basis of eighty-five and one-half pounds (85.5 lbs.) per five hundred (500) sheets. The size of each sheet is twenty-four inches by thirty-six inches (24 in. x 36 in.).

801.6 Minimum tensile energy absorptions for dry and wet extensible or equivalent paper used in single and multi-ply bags are set forth in Table I:

Table I - Minimum Tensile

Energy Absorption - Extensible

Single-ply or Multiply Bags

Cross direction or paper

Cross direction plus machine direction of paper

Dry

9.3 ft. lb./ft.2

30.8 ft. lb./ft.2

Wet

2.7 ft. lb./ft.2

Not Specified

801.7 Minimum tensile breaking strengths for dry and wet non-extensible paper used in single and multi-ply bags are set forth in Table II.

Table II - Minimum Tensile

Breaking Strength - Non-Extensible

Single-ply or Multiply Bags

Cross direction or paper

Cross direction plus machine direction of paper

Dry

34.0 lbs./in. width

95 0 lbs./in. width

Wet

9.0 lbs./in. width

Not Specified

801.8 The method of testing for nominal and minimum basis weight shall be the TAPPI Standard Method T-410 which shall be conducted in accordance with §4 of Federal Specification UU-S-48e.

801.9 Tensile breaking strength and tensile energy absorption tests shall be performed according to TAPPI STANDARD METHODS T-404, T-456, and T-494.

801.10 Wet tensile breaking strength and tensile energy absorption are to be determined by using one inch width specimens that have been immersed in water for two (2) hours at seventy-three degrees (73° F.), ± 3.5° F.

801.11 Any adhesive used for seams and closures shall meet the water resistant requirements for Federal Specification UU-S-48e.

801.12 The strength of any stitching on the ends of sewn bags shall be not less than that of 12/5 cotton needle thread and 12/4 cotton looper thread or equivalent.

801.13 The usable capacity of bags shall not exceed four cubic feet (4 ft.3).

801.14 Measurement of capacity shall be determined by application of the following formula, applying the prescribed measurements of the unfilled bag.

Cubic Foot Capacity equals [T=0.4 (F+G)]×[F+G2]

Where: T equals Inside tube length of bags (in inches)

F equals Inside face width of bag (in inches)

G equals Inside gusset width of bag (in inches)

801.15 No restrictions are made on bag dimensions provided that they do not deviate from the prescribed dimensions by more than the following tolerances:

Width: ± 3/16 inches;

Bottom: ± 3/16 inches; and

Length: ±1/4 inches.

801.16 All bag packaging shall be labelled with the Universal Product Code (UPC) or the stock number or the item number imprinted on the bag.

801.17 The display of UPC, stock, or item numbers on bag packaging shall be considered the manufacturer's certification that the bags and all bags contained in the packages conform to the specifications and testing procedures prescribed in this chapter.

801.18 All bag packaging shall have marked on each bag the name and address of the principal place of business of the manufacturer or distributor of the packaging and a code identifying the date and location of the manufacture of the bag.

History

SOURCE: Final Rulemaking published at 26 DCR 6221 (January 5, 1979), incorporating text of Proposed Rulemaking published at 25 DCR 359 (November 3, 1978); 5T DCRR §§6(a)-(f) (September 21, 1970).

21 DCMR § 802 PLASTIC BAGS FOR UNCOMPACTED SOLID WASTE

802.1 Average thickness of all bags within an individual package (carton, cases, etc.) shall be within seven percent (± 7%) of labelled thickness.

802.2 The film used to construct plastic bags shall be capable of incineration under normal municipal incinerating practices.

802.3 The bags shall comply with the following inside dimension, within one and one-half percent (± 1.5%):

28 in. x 35 in. bag: 56 in. circumference and inside length of 35 in.;

30 in. x 37 in. bag: 60 in. circumference and inside length of 37 in.;

33 in. x 40 in. bag: 66 in. circumference and inside length of 40 in.; and

33 in. x 44 in. bag: 66 in. circumference and inside length of 44 in.

802.4 Bags shall withstand hanging by the neck for two (2) minutes, followed by a drop of five feet (5 ft.) on its end onto smooth concrete. The bags shall be filled with redwood bark, at approximate density of eighteen pounds per cubic foot (18 lbs./ft.3), to the total weight indicated as follows:

Bag Size

Load (lbs.)

28 in. x 35 in.

35 pounds;

30 in. x 37 in.

40 pounds;

33 in. x 40 in.

45 pounds; and

33 in. x 44 in.

50 pounds.

802.5 Count shall meet National Bureau of Standards Handbook 67 (Rev.) procedures.

802.6 Each package (carton, case, etc.) shall contain an equal amount to the labelled statement.

802.7 Any heat seal shall withstand a ten (10) minute tensile loading of one pound per inch (1 lb./in.) of seal without failure in accordance with ASTM F-88-68, method A.

802.8 All bag packaging shall be labelled with the Universal Product Code (UPC) or the stock number or the number imprinted on the bag. The display of the numbers on the bag packaging shall be considered the manufacturer's certification that the bag and all bags contained in the packages conform to specification and testing procedures prescribed herein.

802.9 All bag packaging shall have marked on the bag the name and address of the principal place of business of the manufacturer or distributor of the same and a code identifying the date and location of the manufacture of the bag.

History

SOURCE: Final Rulemaking published at 26 DCR 6221 (January 5, 1979), incorporating text of Proposed Rulemaking published at 25 DCR 359 (November 3, 1978); 5T DCRR §§7(a)-(h) (September 21, 1970).

21 DCMR § 803 GALVANIZED METAL CANS FOR UNCOMPACTED SOLID WASTE

803.1 The sizes and minimum weight per dozen of the can covered shall be as prescribed in Table 1:

Tabel 1 - Galvanized Mental Can (Hot-dipped)

Used For Containment of Solid Waste (Refuse)

Nominal Size*

Minimum Weight Per

Dozen Finished**

Standard No

0020

0026

0032

Gallons

Lb./Avdp.

140

160

170

The capacity or dimension of cans shall not be less than ninety-five percent (95%) of the nominal size.

** Weight includes cover when finished with items.

803.2 The basic metal of bodies, bottoms, bands, covers stamped handles, and clips shall be of a good grade of sheet steel having the strength, rigidity, and quality necessary for the production of hot-dipped galvanized ware conforming to these specifications.

803.3 Top wires and size handles shall be of drawn-steel wire.

803.4 Rivets shall be of high-grade soft steel.

803.5 Top-wire shall be full length (not spliced) with ends separated not more than one-half inch (1/2 in.) and fully enclosed except where exposed for forming ears.

803.6 Handles and handle clips shall be of ample strength and so attached that no permanent deformation shall occur when samples of cans are tested as prescribed in §803.14.

803.7 All cans shall be water tight when tested as prescribed in §803.13.

803.8 After fabrication and cleaning, each can shall be completely zinc-coated by the hot-dip process. The coating shall be smooth, continuous and thorough. It shall be free from such imperfections as lumps, slivers, blisters, gritty areas, uncoated spots, acid and black spots, dross and flux.

803.9 As per A-123, §3, the grade of zinc used in the coating shall be at least equal to Prime Western and conform to ASTM B6, for zinc metal (slab zinc).

803.10 The weight of coating on the finished cans shall not be less than one and one-half ounces per square foot (1.5 oz./ft.2), as determined by the method prescribed in §803.16. The weight of the coating is the total amount on both sides of the steel sheet, expressed in ounces per square foot (oz. /ft.2: total for both sides). The coating shall be sufficiently tight to withstand the test prescribed in §803.15.

803.11 Workmanship shall ensure production of cans free from defects impairing their water-tightness, serviceability, or durability. All rivets shall be securely set and all welds shall be sound and smooth.

803.12 Sufficient samples of galvanized ware shall be selected at random from each lot of each container produced during the process of manufacture as are needed to maintain quality of the product so as to be consistently in conformance with these specifications.

803.13 Samples of containers intended to hold liquid shall be taken at random. Each sample selected shall be filled with water and allowed to stand for twenty-four (24) hours. To be acceptable under this test, there shall be no indications of leakage during this period.

803.14 Samples taken at random shall be filled with dry sand to half capacity and suspended from the handles for a period of five (5) minutes. Measurements shall be made before and after test to determine whether any permanent deformation of handles or handle clips, or top diameter has occurred.

803.15 After inspection, the samples selected for tests shall be struck a blow with a half pound (1/2 lb.) ball-pein hammer with sufficient force to dent the metal. The coating shall be adherent and no peeling shall result.

803.16 The weight of coating shall be determined by the standard spot test method as described in ASTM A-90, Methods of Test for Weight of Coating on Zinc Coated (galvanized) Iron or Steel Articles.

803.17 All approved galvanized metal cans distributed, sold or used for the containment of solid waste (refuse) in the District shall contain the following printed statement on a pressure sensitive backed label affixed to the container in a conspicuous location:

This container ware meets all requirements of the applicable D.C. Standard (D.C.1-1-GI) issued by the Department of Public Works by: (Name of Manufacturer)

803.18 The display of the statement of approval on a galvanized metal can shall be considered the manufacturer's certification that the container conforms to the specification and testing procedures prescribed in this section. Each galvanized metal can shall have marked on it the name and address of the principal place of business of the manufacturer or distributor of the can, and a code identifying the date and location of the container's manufacture and the number issued by the District.

History

SOURCE: Pinal Rulemaking published at 26 DCR 6221 (January 5, 1979), incorporating text of Proposed Rulemaking published at 25 DCR 359 (November 3, 1978); 5T DCRR §§8(a)-(1) (September 21, 1970).

21 DCMR § 804 CONTAINERS FOR COMPACTED SOLID WASTE

804.1 For the purposes of this section, the term "container" means any container used for the storage of compacted solid waste (refuse), including but not limited to any bag, box, bin, barrel, can, sack, tub, or tube used for that purpose.

804.2 Containers shall be evaluated and approved by the Department of Public Works pursuant to the performance standards and specifications of the Department for the approval of refuse compactor systems.

804.3 The manufacturer or distributor of a container shall submit a certification with the request for container approval listing detailed specifications of the container, attesting to the container's compliance with the performance standards and specifications of the Department and setting out any conditions to the use of the container, including a list of compactor systems with which the container is compatible.

804.4 Performance standards shall include without limitations the following:

(a) Containers shall be capable of containing solid waste with an output density range of from four hundred fifty (450) to seven hundred (700) pounds per cubic yard (450-700 lbs./yd.3) [or 16.7 to 25.9 lbs./ft.3] unless specific approval of an alternate capability is granted by the Director;

(b) Containers shall during filling in the course of evaluation not allow tears or punctures in excess of one inch (1 in.) in more than ten percent (10%) of observed samples, and shall during handling in the course of evaluation not allow tears or punctures in excess of one inch (1 in.) in more than ten percent (10%) of the samples;

(d) Returnable containers shall be capable of easily discharging their contents by gravity; and

(e) Containers shall be of unit construction when supplied to users, and shall not require additional components to be considered ready for use, unless specific exception to this requirement is given by the Director pursuant to §804.2.

804.5 Containers shall not exceed four cubic feet (4 ft.3) in capacity unless specific approval of a larger capacity is made by the Director pursuant to §804.2.

804.6 Containers shall be free of jagged or sharp edges.

804.7 Containers shall be of high opacity and not transparent.

804.8 Approved containers or sealable separate sections shall be marked with the printed words and figures "D.C. Standard D.C. 1-3-CC" in a conspicuous place on the outer wrapping.

804.9 Display of the D.C. Standard designations on the wrapping shall be considered the manufacturer's or distributor's certification that the containers and wrapping conform to the specifications set forth in this section.

804.10 Each wrapping shall have marked on it the name and address of the principal place of business of the manufacturer or distributor of the container and a code identifying the date and location of the manufacture of the container.

804.11 Each wrapping shall have marked on it the manufacturer name and model number of all compacting machines for which the container's manufacturer or distributor certifies the container is compatible.

History

SOURCE: Final Rulemaking published at 26 DCR 6221 (January 5, 1979), incorporating text of Proposed Rulemaking published at 25 DCR 359 (November 3, 1978); 5T DCRR §§9(a)-(f) (September 21, 1970).

21 DCMR § 805 THERMOPLASTIC CONTAINERS FOR UNCOMPACTED SOLID WASTE

805.1 Only those thermoplastic materials which can withstand normal wear , penetration by insects, corrosive actions of cleaning an sanitizing compounds and which shall remain relatively unchanged on long term exposure to solid waste and weathering, including temperatures from twenty to one hundred twenty degrees Fahrenheit (20° to 120° F.), shall be used in the fabrication of thermoplastic solid waste (refuse) containers and covers.

805.2 Thermoplastic materials as fabricated into solid waste (refuse) containers and covers shall not increase in weight by more than one half percent (0.50%) when evaluated in accordance with the ASTM test method.

805.3 Thermoplastic materials used in the fabrication of solid waste containers and covers shall be resistant to the normal uses of household detergents, chemical sanitizing solutions, and other household chemicals, such as (but not limited to) deodorants, insecticides, insect repellents, and rodenticides.

805.4 Thermoplastic materials, as used in the fabrication of containers and covers, shall be resistant to ultraviolet degradation for a period of at least three (3) years under normal weathering conditions through the use of ultraviolet radiation screening ingredients, laminates, or coatings.

805.5 Thermoplastic solid waste (refuse) containers shall, in general, be designed and fabricated to exclude insects, withstand conditions of the use environment, and be easily cleanable.

805.6 The specific requirements set forth in this section shall apply together with such additional requirements as may be considered necessary to assure compliance with these general requirements.

805.7 The container shall be of watertight construction, and shall comply with the following specific specifications:

(a) Rims, other than those of solid construction, shall be designed to facilitate cleaning and eliminate insect harborage;

(b) An internal angle formed by the intersection of surfaces at one hundred thirty-five degrees Fahrenheit (135° F.) or less, shall have a minimum continuous and smooth radius of at least one eighth inch (1/8 in.);

(c) All external corners and angles of refuse contact surfaces shall be sealed as smooth as the surfaces being joined, and shall be of sufficient radii to eliminate sharp edge(s) which might be an accident hazard or which might interfere with proper drainage;

(d) The container shall be so designed that solid waste (refuse) may be easily emptied by gravity when the container is inverted;

(e) All solid waste (refuse) contact surfaces shall be readily accessible and easily cleanable;

(f) Handles shall meet the requirements of §§805.13 and 805.14; and

(g) The container shall be designed and fabricated to minimize exterior gnawing edges for animals. This provision shall not apply to raised reinforcing members, decorative features, or lifting devices (handles) that do not have a common wall with the container. the Director pursuant to §804.2.

805.8 The cover shall be designed and fabricated to overlap the container opening and to ensure a continuous contact between the cover and the container.

805.9 The cover shall be designed to exclude water, with no holes through the cover over the container opening.

805.10 The cover shall be designed and fabricated to minimize exterior gnawing edges for animals. This provision shall not apply to raised reinforcing members, decorative features or to lifting devices (handles) that do not have a common wall with the cover.

805.11 The method of attachment shall be of simple design, but shall provide for positive attachment of the cover to the container. Disengagement shall also be of simple design and shall permit removal of the cover by use of one (1) hand after disengagement of the attaching device.

805.12 Handles or other type of lifting devices which permit the lifting and carrying of the container shall be provided on each container.

805.13 The design, fabrication, and attachment of the lifting devices shall be of sufficient strength to support the container when tested in accordance with §805.16, without damage to the container, cover, or other component part of the container.

805.14 All lifting devices and their method of attachment shall be easily cleanable.

805.15 Thermoplastic solid waste (refuse) containers, covers, and lifting devices shall be of sufficient material and design, and shall be fabricated to withstand the following normal use and weather conditions:

(a) Withstand normal cleaning and chemical sanitizing methods including sanitization with one hundred eighty degree Fahrenheit (180° F.) water;

(b) Resist normal impact at minus twenty degrees Fahrenheit (minus 20° F.) without failure (see §805.16 for test method);

(d) Withstand normal handling (filling and emptying) without failure or permanent deformation (see §805.16 for test method); and

(e) Be resistant to stress cracking resulting from exposure to use environment and conditions (see §805.17 for test method). the Director pursuant to §804.2.

805.16 The container and covers shall be conditioned to twenty degrees Fahrenheit (20° F.) and immediately subjected to the following impacts:

(a) The container shall be .loaded with five pounds (5 lbs.) of loosely bagged sand, or similar material also conditioned to twenty degrees Fahrenheit (20° F.), and then dropped on a bottom corner from a height of four feet (4 ft.). There shall be no visible evidence of failure or permanent deformation; and

(b) The cover shall be impacted at any location on the cover with a free falling two inch (2 in.) metal ball at twelve foot-pounds (12 ft./lb.), without failure or permanent deformation; the Director pursuant to §804.2.

805.17 The container shall, when uniformly loaded at a rate of fifteen pounds per cubic foot (15 lbs./ft.3), do the following:

(a) Withstand being lifted by one of the lifting devices (handles) provided on the container a total of at least one thousand five hundred (1,500) times at intervals of one (1) minute or more without the device or container becoming permanently deformed, the devices detached, or the devices or container otherwise failing; and

(b) Withstand emptying of the container with the device(s) provided on the container without the lifting and emptying device(s) or container becoming permanently deformed, the devices becoming detached, or the devices or container otherwise failing.

805.18 Containers and covers shall show no evidence of stress cracking when tested in the following manner:

(a) A one inch by six inch (1 in x 6 in.) specimen from a container selected with a weld line, if any, in the center of the six inch (6 in.) dimension has been carefully bent into a "U" shape and immersed in a one hundred fifty milliliter (150 ml.) beaker of Igepal (Igepal C0630 from General Dyestuff Corporation) at room temperature for sixteen (16) hours; and

(b) A one-half inch by two and one-half inch (1/2 in. x 2 1/2 in.) specimen from a cover selected with a weld line, if any, in the center of the two and one-half inch (2 1/2 in.) dimension has been carefully bent into a "U" shape and immersed in a fifty milliliter (50 ml.) beaker of Igepal at room temperature for sixteen (16) hours.

805.19 All approved Thermoplastic Containers distributed, sold, or used for the containment of solid waste (refuse) in the District shall contain the following printed statement on a pressure sensitive backed label affixed to the container in a conspicuous location:

This container meets all requirements of the applicable D.C. Standard (D.C. 1-4-TC) issued by the Department of Public Works. by: (Name of Manufacturer)

805.20 The display of the statement of approval on a thermoplastic container shall be considered to be the manufacturer's certification that the container conforms to the specifications and testing procedures prescribed in this section.

805.21 Each container shall have marked on it the name and address of the principal place of business of the manufacturer or distributor of the container, and a code identifying the date and location of the manufacture of the container.

History

SOURCE: Final Rulemaking published at 26 DCR 5221 (January 5, 1979), incorporating text of Proposed Rulemaking published at 25 DCR 359 (November 3, 1978); 5T DCRR §§10(a)-(d) (September 21, 1970).

21 DCMR § 806 CONTAINERIZATION SYSTEMS

806.1 The owner or other person in charge of the premises served by a solid waste (refuse) containerization system (referred to in this section as simply the "premises") shall maintain in a safe, clean, odor-free, and properly operating condition all multiple-use containers (also referred to in this section simply as "containers") and other equipment kept on the premises in connection with the operation of the system.

806.2 The owner of the premises shall keep the place of storage for the containers safe, clean, and odor-free at all times.

806.3 The owner of the premises or other person shall keep on the premises a hose and brush or a steam cleaner and all other necessary equipment to properly clean the containers, unless the containers are regularly cleaned at a location of the premises and the equipment is not required by other District laws or regulations.

806.4 Each container shall be cleaned on a concrete or other paved surface properly drained in a sanitary or combined sewer.

806.5 The debris shall not drain into a storm sewer.

806.6 The cleaning surface and drainage system shall be maintained in a safe, clean, odor-free, and properly operating condition.

806.7 A solid waste (refuse) system shall be of sufficient capacity to permit the safe and sanitary storage of all solid waste normally accumulated on or generated within the premises during a period of seventy-two (72) hours, or one hundred fifty percent (150%) of all solid wastes normally accumulated or generated within the premises between any regularly scheduled collections, whichever is greater.

806.8 In cases of hardship, the Director may permit a solid waste (refuse) containerization system of lesser capacity, but in no event less than would permit the safe and sanitary storage of all solid wastes normally accumulated or generated within the premises during a period of seventy-two (72) hours or between regularly scheduled collections, whichever is greater.

806.9 Except when in process of being collected or emptied, all containers shall be kept and stored on the premises at all times in rooms or compartments which comply with the provisions of D.C. Building Code or in any other location not prohibited by District laws or regulations.

806.10 If the place of storage is outside the premises, the containers shall be kept in a location where the containers shall not be unsightly and shall not cause a nuisance to residents of the premises or residents of neighboring premises.

806.11 If possible, the containers shall be screened from the view of the public by an attractive enclosure.

806.12 The place of storage of the containers shall be one from which the containers may be safely moved to the location where the containers are emptied or collected.

806.13 The location where containers are emptied or collected shall be one to which collection vehicles have safe and convenient access and which shall be suitably equipped, adequately illuminated, and of sufficient size for the safe loading or emptying of the containers.

806.14 The place of storage of the containers and the location where the containers are emptied or loaded shall be subject to approval by the Director.

806.15 Containers shall be compatible in all respects (including, without limitation, dimensions and loading mechanisms) with the collection vehicles which service those containers.

806.16 Containers in which tenants are required or permitted to deposit solid waste shall be of types which can safely, easily, and conveniently be opened and closed by all tenants using the containers, and while available for tenant use shall be kept in a place which provides safe and convenient access.

806.17 Containers shall meet the following specifications:

(a) Be constructed of continuously welded steel with all welds and edges ground smooth;

(b) Be capable of holding seven hundred pounds of solid waste (refuse) per cubic yard of capacity (700 lbs./yd.3), when at rest and during loading and unloading without permanent distortion;

(d) Hold liquids without leaking and be equipped with a drain plug at the bottom on one end; and

(e) Have heavy duty skids or rollers or other devices to keep the bottom of the container off the ground and reduce wear when the container is moved.

806.18 Containers shall have tight-fitting doors or lids which shall meet the following specifications:

(a) Be attached by means of heavy duty hinges;

(b) Be equipped with counterbalance springs wherever necessary to prevent destructive or dangerous overwinging;

(d) Completely seal the container to prevent rodents, insects, and other pest from entering.

806.19 The Director shall keep and make available to the public a list of containers which meet the physical specifications prescribed in this section.

806.20 Unless made of stainless steel or another material not subject to corrosion or wear, containers shall be completely primed and painted inside and out with corrosion-resisting primer and paint.

806.21 Containers shall be repainted whenever the metal shows through the paint and whenever necessary to prevent them from becoming unsightly.

806.22 Each solid waste (refuse) containerization system shall be inspected once each year by the Director to ascertain that the system complies with the specifications prescribed in this section.

806.23 All approved multiple-use containers used for the containment of solid waste (refuse) in the District shall contain a printed statement of approval on a pressure sensitive backed label (serially numbered) in a conspicuous place). The label shall be affixed by the Director.

806.24 Containers shall have painted in block letters at least four inches (4 in.) high on one vertical side the name and business telephone number of the licensed private collector, the capacity of the container in cubic yards and the official tare weights of the containers in pounds. The posted tare weights shall be certified by the Director.

806.25 The permit approval and compliance provisions of this chapter (§§810 and 811) shall not apply to the approval procedures for solid waste (refuse) containerization systems.

History

SOURCE: Final Rulemaking published at 26 DCR 6221 (January 5, 1979), incorporating text of Proposed Rulemaking published at 25 DCR 359 (November 3, 1978), 5T DCRR §§11(a)-(i) (September 21, 1970).
EDITOR'S NOTE: The Building Code referred to in this section has been superseded by 0 C Law 6-216, Construction Codes Approval and Amendments Act of 1986, effective March 21, 1987. Section 12 of D C Law 6.216 provides that the construction regulations existing prior to March 21, 1987, remain in effect for projects having reached specified stages of completion. D C Law 6-216 adopted the 1984 National BOCA Codes, and the 1985 D.C. Supplement to the National BOCA Codes. Effective November 27 1992 (39 DCR 8665), the 1984 BOCA Codes, and the 1985 D.C. Supplement to the National BOCA Codes were superseded by the adoption of the 1990 BOCA Codes, and the 1992 D.C. Supplement to the BOCA Codes.

21 DCMR § 807 MINIMUM SAFETY STANDARDS FOR SLANT-REFUSE BINS

807.1 The purpose of this section is to establish minimum safety standards for the design and use of non-portable, mechanical lift, tapered, rear or side loading solid waste (refuse) containers (also referred to in this section as "slant-refuse bins" or simply "bins") to reduce or eliminate hazards that may exist in the instability of these bins.

807.2 The requirements of this section shall apply to all in-service and newly manufactured slant-refuse bins of four cubic yards (4 yds.3) or less which are mechanically used in connection with rear or side loading solid waste (refuse) collection vehicles within the District.

807.3 The requirements of this section are not intended to apply to those containers which are configured with hydraulically actuated compactor heads and plastic containers less than one cubic yard (1 yd.3) in capacity which are used for solid waste (refuse) collection service and are rolled to the collection vehicle.

807.4 All slant-refuse bins shall comply with the applicable requirements of this section not later than the following dates:

(a) In-service slant-refuse bins located in the immediate vicinity of schools, schoolyards, parks, playgrounds, apartments, housing developments, and those bins located on sidewalks or other public space shall comply not later than October 22, 1976;

(b) In-service slant refuse bins in all other locations than those listed in §807.4(a) shall comply not later than October 22, 1977; and

(c) All slant-refuse bins which are newly manufactured, rebuilt, or sold on or after October 22, 1976, shall comply with this section.

807.5 Prior to the dates set forth in §807.4, existing slant-refuse bins which do not meet the requirements of §807.6 shall comply with one of the following:

(a) The slant-refuse bin shall be securely fastened to a fence, wall, or other stable, stationary object so that the bin cannot tip; or

(b) The slant-refuse bin shall be completely enclosed within a fence or barrier at least four feet (4 ft.) in height with an access gate that is kept locked or otherwise protected to prevent access of children eight (8) years of age and under to the bin.

807.6 A slant-refuse bins shall be designed, constructed, or modified so that the bin shall not tip when subjected to one hundred seventy-five pounds (175 lbs.) hanging vertically from the leading edge of the bin when tested under the conditions set forth in §807.7.

807.7 The following conditions for testing a slant-refuse bin shall be observed:

(a) The bin shall be empty;

(b) The bin shall rest on a hard, level surface;

(d) A bin with a lid or cover shall have the lid or cover positioned in its most adverse stability condition; and

(e) A bin with casters or wheels shall have the casters or wheels positioned in their most adverse stability condition.

807.8 Any of the following design features may be employed by manufacturers of new slant-refuse bins or the owners of in-service bins to comply with the requirements of §807.6:

(a) Modification of the side profile wheelbase configuration by extending the casters or wheels on the slant side(s) of the bin forward, so that any load center of gravity shall be within the wheelbase of the bin; or

(b) Any other design which is at least as effective as that specified in §807.8(a) and which also complies with §807.6.

807.9 A slant-refuse bin shall be placed on a hard, level surface. Any casters or wheels on the bin shall be locked.

807.10 All safety marking on bins shall be in compliance with American National Standards Institute (ANSI) standards Z-53.1 and Z-35.1 which identify a safety color code for marking physical hazards and specifications for accident prevention signs.

807.11 Each newly-manufactured and in-service bin shall be marked in conformance with the following requirements:

(a) A safety marking shall be conspicuously located on each of the two (2) narrow sides of the bin, such as: "NOTICE: CONTAINER MUST BE PLACED ON HARD, LEVEL SURFACE"; and

(b) A safety marking shall be located on three (3) sides of the bins, such as: "CAUTION - DO NOT PLAY ON OR AROUND."

807.12 The owner, tenant, lessee, or agent of any person who occupies or has control of premises served by a slant-refuse bin or bins shall be responsible for the following:

(a) Providing a hard, level surface for the placement of each bin; and

(b) Ensuring that each bin placed on the premises conforms to the requirements of this section.

807.13 Manufacturers, distributors, and collectors concerned shall provide individual users of bins with written information on the minimum safety standards prescribed in this section.

807.14 The Director shall inspect all in-service slant-refuse bins to ascertain that the bins are in compliance with the applicable requirements of this section at least once each year.

807.15 After October 22, 1976, the Director shall inspect each newly manufactured slant-refuse bin upon placement on location to ascertain whether the bin is in compliance with the applicable requirements of this section.

807.16 On and after the applicable date set forth in §807.4, each approved slant-refuse bin used for storage of solid waste in the District shall display a printed statement of approval on a pressure-sensitive backed label in a conspicuous place. Each label shall be serially numbered, and shall be affixed by the Director after inspection.

807.17 The label of approval required under §807.16 shall read as follows:

THIS SLANT-REFUSE BIN MEETS THE DEPARTMENT OF PUBLIC WORKS MINIMUM SAFETY STANDARDS AND IS APPROVED FOR USE IN THE DISTRICT OF COLUMBIA

807.18 Each approved slant-refuse bin shall have painted in block letters and figures at least four inches (4 in.) high on one vertical side the name and business telephone number of the licensed collector and the capacity of the bin in cubic yards. A decal containing the same information in similar format shall be acceptable.

History

SOURCE: Final Rulemaking (DES Order No. 90-94-05) published at 22 DCR 5747, 5748 (April 22, 1976).

21 DCMR § 808 SUPERCANS

808.1 Supercans shall be issued to eligible dwelling units for the exclusive use in the storage and collection of residential refuse.

808.2 Only Supercans registered to and issued by the District shall be eligible for District collection service.

808.3 Supercans issued without charge to eligible dwelling units shall remain the property of the District and shall be returned to the District at the time the dwelling unit is vacant.

808.4 A second Supercan will be issued by the District upon request at no cost to District residents when the normal rate of refuse generation (excluding yard debris and leaves) routinely exceeds the capacity of a single Supercan.

808.5 The District shall be responsible for the replacement of Supercans which are lost or damaged through no fault of the residents of the dwelling unit.

History

SOURCE: Section 2(d) of Solid Waste Regulations Amendment Act of 1983. D.C. Law 5-20. 30 DCR 3331, 3333, July 8 1983

21 DCMR § 809 [RESERVED]

21 DCMR § 810 APPLICATION FOR A PERMIT

810.1 Application for a permit for each specific solid waste (refuse) container by type, model, and capacity or size shall be made on forms provided by the Department of Public Works.

810.2 Each application shall be submitted to the Chief, Office of Public Space Coordination, Department of Public Works and shall be accompanied by the following:

(a) A certified copy of the original laboratory report from a nationally recognized testing laboratory indicating the results of the individual test performed on the container or part of it as required by this chapter. The test shall be conducted within thirty (30) days of the date of the application; and

(b) Pamphlets, catalogs and other pertinent data and information on the container.

History

SOURCE: Final Rulemaking published at 26 DCR 6221 (January 5, 1979), incorporating text of Proposed Rulemaking published at 25 DCR 359 (November 3, 1978); 5T DCRR §12 (September 21, 1970).

21 DCMR § 811 ISSUANCE AND RENEWAL OF PERMITS

811.1 A permit shall be issued to applicants (manufacturers or distributors only) who have complied with the applicable requirements of this chapter.

811.2 A permit shall be non-transferable and shall be the exclusive property of the applicant.

811.3 A permit shall be issued for each specific container by type, model, capacity or size for which the applicant has fully complied with the detailed provisions of this chapter.

811.4 Permits shall expire annually on March 31st.

811.5 The permit shall be signed by the applicant and returned to the Department of Public Works for countersigning.

811.6 A copy of the officially countersigned and dated permit will be issued to the applicant.

811.7 The effective date of approval shall be the date that the permit is countersigned.

811.8 Permits shall be renewed upon receipt of completed application form within ninety (90) days of expiration. Renewal shall be at the discretion of the Director.

History

SOURCE: Final Rulemaking published at 26 DCR 6221 (January 5, 1979), incorporating text of Proposed Rulemaking published at 25 DCR 359 (November 3, 1978); 5T DCRR §§13, 14 (September 21, 1970).

21 DCMR § 899 DEFINITIONS

899.1 When used in this chapter, the following words and phrases shall have the meanings ascribed:

Approved - compliance with published standards specifically applicable to the device, method, thing or procedure, under consideration and which standards have been approved by the Director of the Department of Public Works, or his or her duly authorized agent.

ASTM - the American Society for Testing and Materials.

Cleaning - the physical removal of residue of dirt, dust, foreign material, or other soiling ingredients or materials.

Closed - having no openings large enough for the entrance of insects or rodents. An opening of one thirty-second of an inch (1/32 in.) or less shall be considered closed.

Copolymer (polymer) - a compound formed by the reaction of simple molecules having functional groups that permit their combination to proceed to high molecular weights under suitable conditions. Polymers may be formed by polymerization (addition polymer) or polycondensation (condensation polymer). When two (2) or more monomers are involved, the product is called copolymer.

Director - the Director of the Department of Public Works, or the Director's representative, agent, or designee.

Equivalent - a nationally recognized agency with testing capabilities equivalent to the National Science Foundation (NSF).

Ethylene plastics - plastics based on resins made by the polymerization of ethylene with one or more under unsaturated compounds, the ethylene being in greatest amount of weight.

Hanging weight - a weight suspended vertically from the leading edge of a slant-refuse bin. (22 DCR 5747)

Multiple-use solid waste (refuse) container - a solid waste (refuse) container larger than four cubic feet 4 ft.3), made from metal or other suitable rigid material. In the contents of the definition, the multiple-use solid waste (refuse) container shall be a part of a containerization system.

Polyethylene - a plastic or resin prepared by the polymerization of ethylene as essentially the sole monomer.

Readily accessible - exposed or easily exposed without the use of tools for proper and thorough cleaning and visual inspection.

Readily (or easily) cleanable - readily accessible and of such material, finish, and so fabricated that soil may be effectively removed by normal cleaning methods.

Readily removable - capable of being taken away from the main unit without the use of tools.

Refuse bin - a receptacle which receives and holds solid waste (refuse) for unloading by mechanical means into the body or loading hopper of a solid waste collection vehicle. (22 DCR 5747)

Sanitizing - effective bactericidal treatment of clean surfaces by a process which has been proven effective.

Solid waste (refuse) contact surfaces - those surfaces of containers, covers, or attachments with which the refuse normally comes in contact, and those surfaces with which the refuse is likely, in normal operations, to come in contact.

Solid waste (refuse) - containerization system a system for the on-site storage and collection of solid waste (refuse) that utilizes multiple-use containers which are mechanically lifted and emptied into, loaded onto, or attached to collection vehicles.

Solid waste (refuse) containerization system - a system for the on-site storage and collection of solid waste (refuse) that utilizes multiple-use containers which are mechanically lifted and emptied into, loaded onto, or attached to collection vehicles.

Solid waste (refuse) - putrescible and non-putrescible solid waste, except body wastes, and including abandoned vehicles, food waste (garbage), rubbish, ashes, incinerator residue, street cleanings, tree debris, and solid market and industrial wastes.

Solid waste storage - the temporary on-site storage of solid waste.

TAPPI - the Technical Association of the Pulp and Paper Industry.

Thermoplastic - a plastic which is capable of being repeatedly softened by an increase of temperature and hardened by a decrease of temperature.

Trunion bar - a horizontal bar extending across the top front or leading edge of a refuse bin and used for mating the refuse bin to a solid waste collection vehicle. (22 DCR 5747)

History

SOURCE: Final Rulemaking published at 22 DCR 5757, 5748 (April 22, 1976); and Final Rulemaking published at 26 DCR 6221 (January 5, 1979), incorporating text of Proposed Rulemaking published at 25 DCR 359 (November 3, 1978), 5T DCRR §5 (September 21, 1970).

21-9 DISPOSAL OF CERTAIN BODY WASTES

21 DCMR § 900 PRIVIES AND WATERCLOSETS

900.1 No person shall in the District of Columbia deposit or store any human excreta or body wastes other than in a properly constructed privy or watercloset.

900.2 No system or method for the disposal of human excreta of body wastes, other than a water-closet connected with a public sewer, shall be installed or maintained, except as otherwise specifically permitted in this chapter and in accordance with the provisions of this chapter.

900.3 All waterclosets shall be furnished with a supply of running water adequate for flushing purposes, and shall be maintained so as not to endanger the public health or otherwise create a nuisance.

900.4 [Repealed] D.C. Law 6-95, 33 DCR 594 (January 31, 1986).

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is An Act approved April 22, 1940, 54 Stat. 155, D.C. Code §6-601 et seq. (1995 Repl. Vol.); §412 of the District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 790,Pub.L. 93-198, D.C. Code §1-227(a) (1992 Repl. Vol.).
SOURCE: Commissioners' Order No. 300,41712, dated August 3, 1944, 8 DCRR §§C-320 and C-3110, Health Regulations Supplement; as amended by §17 of the Wastewater System Regulation Amendment Act of 1985, D.C. Law 6-95, 33 DCR 577, 594 (January 31, 1986).

21 DCMR § 901 SEPTIC TANK AND SUBSOIL DISPOSAL SYSTEMS

901.1 Where no public sewer was, within a reasonable time, reasonably available while a septic tank was legitimately constructed, the septic tank may continue to be used so long as the use and the maintenance of the tank complies with both the D.C. Plumbing Code and the Wastewater System Regulation Amendment Act of 1985, unless the Health Officer finds the following:

(a) That the local soil conditions will prevent the sanitary operation of the system;

(b) That the water supply is not adequate to permit the sanitary operation of the system;

(c) That the operation of the system will pollute a stream, pond, lake, or other body of water or contaminate a water supply, pool, or bathing place; or

(d) That the operation of the system will endanger the public health or otherwise create a nuisance.

901.2 The use of septic tanks and subsoil sewage disposal systems shall comply with both the D.C. Plumbing Code and the Wastewater System Regulation Amendment Act of 1985, and other methods of disposal shall not only comply with those provisions, but shall also be maintained without endangering the public health or otherwise creating a nuisance.

History

SOURCE: Section 17(b) of the Wastewater System Regulation Amendment Act of 1985, D.C. Law 6-95, 33 DCR 577. 594 (January 31, 1986). HISTORICAL NOTE: Prior to January 31, 1986, the Board of Commissioners issued C O No. 300, 417 12 (August 3, 1944); 8 DCRR §§ C-3211 and C-3112, Health Regulations Supplement.
EDITOR'S NOTE: The Plumbing Code referred to in this section has been superseded by D.C. Law 6-216, Construction Codes Approval and Amendments Act of 1986, effective March 21, 1987. Section 12 of D.C. Law 6-216 provides that the construction regulations existing prior to March 21, 1987, remain in effect for projects having reached specified stages of completion. D.C. Law 6-216 adopted the 1984 National BOCA Codes, and the 1985 D.C. Supplement to the National BOCA Codes. Effective November 27, 1992 (39 DCR 8665), the 1984 BOCA Codes, and the 1985 D.C. Supplement to the National BOCA Codes were superseded by the adoption of the 1990 BOCA Codes and the 1992 D.C. Supplement to the BOCA Codes.

21 DCMR § 902 EARTH PIT PRIVY PERMITS

902.1 No person shall install or continue to use earth-pit privies in the District of Columbia.

History

SOURCE: Section 17(d) of the Wastewater System Regulation Act of 1985, D.C. Law 6-95, 33 DCR 577, 594 (January 31, 1986).

21 DCMR § 903 SEPTIC TANK PERMITS

903.1 Each application for the construction and maintenance of a septic tank and subsoil sewage disposal system shall be made in writing on a blank form furnished by the Department and shall be addressed to the Director

903.2 Each application form shall specify the following:

(a) The parcel or lot and square numbers;

(b) The house number and street; and

903.3 Each application form shall be executed in triplicate, and each copy shall be accompanied by a complete set of detailed working plans of the proposed system and a plat of the property showing the buildings and system located on the property correct to scale.

903.4 The Director shall determine whether a public sewer is or will, within a reasonable time, be reasonably available to the property.

903.5 No permit shall be issued until the following matters have been determined and certified, in the manner determined by the Director:

(a) That a public sewer is not and will not, within a reasonable time, be reasonably available to the property; and

(b) That the proposed septic tank and subsoil sewage disposal system complies with the D.C. Plumbing Code.

903.6 No permit shall be issued if the Director determines that any of the following conditions apply:

(a) The local soil conditions will prevent the sanitary operation of the system;

(b) The water supply is not adequate to permit the sanitary operation of the system;

(c) The operation of the system will pollute a stream, pond, lake, or other body of water or contaminate a water supply, pool, or bathing place; or

(d) The operation of the system will endanger the public health or otherwise create a nuisance.

903.7 The permit for the construction and maintenance of a septic tank and subsoil sewage disposal system shall be affixed in a conspicuous place in the building on the premises and shall remain in that place.

History

SOURCE: Commissioners' Order No. 300,417/2, dated August 3, 1944; 8 DCRR §C-3311, Health Regulations Supplement.
EDITOR'S NOTE: The Plumbing Code referred to in this section has been superseded by D.C. Law 6-216, Construction Codes Approval and Amendments Act of 1986, effective March 21, 1987. Section 12 of D.C. Law 6-216 provides that the construction regulations existing prior to March 21, 1987, remain in effect for projects having reached specified stages of completion. D.C. Law 6-216 adopted the 1984 National BOCA Codes, and the 1985 D.C. Supplement to the National BOCA Codes. Effective November 27, 1992 (39 DCR 8665), the 1984 BOCA Codes, and the 1985 D.C. Supplement to the National BOCA Codes were superseded by the adoption of the 1990 BOCA Codes, and the 1992 D.C. Supplement to the BOCA Codes.

21 DCMR § 904 PERMITS FOR OTHER METHODS OF DISPOSAL

904.1 Each application for the construction and maintenance of a method for the disposal of human excreta or body wastes other than by an earth-pit privy or a septic tank and subsoil sewage disposal system shall be made in writing on a blank form furnished by and filed with the Department.

904.2 The application form shall specify the following:

(a) The parcel or lot and square numbers;

(b) The house number and street; and

904.3 The form shall be executed in duplicate, and each copy shall be accompanied by a complete set of detailed working plans of the method proposed.

904.4 The Director shall determine whether the method proposed is to be upon an original lot or a subdivisional lot situated on a street where there is a public sewer and watermain available for the use of that lot.

904.5 No permit shall be issued until the Director is satisfied that the method can be maintained without endangering the public health or otherwise creating a nuisance.

904.6 The permit for the maintenance of the disposal method shall be issued without cost.

904.7 The permit shall be affixed in a conspicuous place on the inside of the privy, outhouse building, or other place designated by the Director, and shall remain in that place.

History

SOURCE: Commissioners' Order No. 300,417/2, dated August 3, 1944, 8 DCRR C-3312. Health Regulations Supplement.

21 DCMR § 905 ADDITIONAL REQUIREMENTS FOR DISPOSAL SYSTEMS

905.1 Nothing contained in this chapter shall be construed as relieving the applicant of a duty to comply with the provisions of the D.C. Building Code.

905.2 Every method or system for the reception, disposition, or storage of human excreta or body wastes (either temporarily or permanently) shall be constructed and maintained in a manner which conforms at all times with the requirements of this section.

905.3 The receptacle for receiving and storing human excreta or body wastes shall be fly-tight, and shall be constructed in a manner and of material which will afford reasonable assurance of the following:

(a) That the receptacle will remain fly-tight under ordinary conditions of use;

(b) That the receptacle will not deteriorate rapidly;

(d) That the receptacle will facilitate maintenance in a satisfactory manner under ordinary conditions of use; and

(e) That the receptacle will be convenient and accessible to use.

905.4 The receptacle shall be located to prevent the following:

(a) Pollution of a public or private water supply;

(b) Pollution of a pond, pool, bathing place, lake, or stream;

(d) Flow of surface water into the receptacle.

905.5 If scavenger service is necessary, the receptacle shall be convenient and accessible for the rendering of that service.

History

SOURCE: Commissioners' Order No. 300 417/2, dated August 3, 1944, 8 DCRR §§C-340, C-3310, C-3311 and C-3312, Health Regulations Supplement.
EDITOR'S NOTE: The Building Code referred to in this section has been superseded by D.C. Law 6-216, Construction Codes Approval and Amendments Act of 1986, effective March 21, 1987. Section 12 of D.C. Law 6-216 provides that the construction regulations existing prior to March 21, 1987, remain in effect for projects having reached specified stages of completion. D.C. Law 6-216 adopted the 1984 National BOCA Codes, and the 1985 D.C. Supplement to the National BOCA Codes. Effective November 27, 1992 (39 DCR 8665), the 1984 BOCA Codes, and the 1985 D.C. Supplement to the National BOCA Codes were superseded by the adoption of the 1990 BOCA Codes, and the 1992 D.C. Supplement to the BOCA Codes.

21 DCMR § 907 MAINTENANCE OF DISPOSAL SYSTEMS

907.1 Each method for the reception, disposition, or storage, either temporarily or permanently, of human excreta or body wastes which is not connected with a sewerage system or with a properly installed and operated sewage disposal system shall be maintained in accordance with this section.

907.2 When a person discontinues the use of an earth-pit privy according to §7(g) of the Wastewater System Regulation Amendment Act of 1985 and according to §902.1, the mound around the existing pit shall be leveled and the pit contents shall be buried with an earth covering of at least twelve inches (12 in.) in thickness.

907.3 For the elimination of a privy which the Wastewater System Regulation Amendment Act of 1985 or §902.1 outlaws, the removal of the privy, the disposal of the excreta, and the filling of the pit shall be done without overflowing and without creating an unsanitary condition.

907.4 For other privies or outhouses, the receptacle containing the excreta shall be emptied at sufficiently frequent intervals to prevent overflowing or the creation of an unsanitary condition.

907.5 The receptacle shall be maintained in good repair to prevent leakage of the contents to the surrounding ground or onto floor or other portion of the privy structure.

907.6 When an earth-pit privy must be moved, in compliance with §907.2, the floor and building may be moved to the new location. The mound around the existing pit shall be leveled and the pit contents buried with an earth covering of at least twelve inches (12 in.) in thickness.

907.7 In the case of other types of privies or outhouses, the receptacle shall be emptied at sufficiently frequent intervals to prevent overflowing or creation of an insanitary condition. The receptacle shall be maintained in good repair to prevent leakage of the contents to the surrounding ground or onto the floor or other portions of the privy structure.

907.8 The seat, floor, and ground immediately surrounding a privy or outhouse shall be kept clean at all times. A vent, if installed, shall be maintained in good repair and free from obstructions at all times.

907.9 Seat covers shall be kept closed when the facility is not in use.

907.10 Bottles, broken glass, tin cans, brick bats, sticks, garbage, ashes, dirt, water, and other similar kinds of waste or liquids shall not be deposited in box or can privies or other outhouses where scavenger service is to be furnished by the District of Columbia. Bottles, broken glass, tin cans, brick bats, sticks, garbage, ashes, dirt, water and other similar kinds of waste or liquids should not be thrown into earth-pits or tanks.

907.11 Chemical closets shall be maintained at sufficient caustic concentrations that septic action does not begin.

907.12 Disinfectants, lime, deodorants, or other chemicals shall not be used in earth-pits, septic tank privies or septic toilets. Types of paper which do not readily disintegrate should be avoided.

907.13 Enough water shall be added to the septic tank privy or septic toilet each day to keep the water up to the level of the overflow. The water added should also be used to keep the drop tube clean.

907.14 Privies, outhouses, or other methods or systems for the storing or disposal of human excreta or body wastes shall be free from rodents and rodent harborages.

History

SOURCE: Commissioners' Order No. 300,417/2, dated August 3, 1944, 8 DCRR §§C-360, C-3610 through C-3616, Health Regulations Supplement: as amended by §17(f) of the Wastewater System Regulation Amendment Act of 1985. D.C Law 6-95, 33 DCR 577, 594 (January 31, 1986).

21 DCMR § 908 DISPOSAL OF HUMAN EXCRETA

908.1 All human excreta or body wastes removed from any privy or outhouses shall be handled, transported, stored, and disposed of by an authorized scavenger or by the District government.

908.2 Authorization can be obtained by making application in writing to the Director and demonstrating an ability to perform the work in accordance with the requirements of this section.

908.3 The handling, transportation, storage and disposal of all human excreta or body wastes removed from any privy or outhouse shall be carried out in a sanitary manner which does not endanger the public health or otherwise create a nuisance.

908.4 The contents of privies or outhouses must be quickly and skillfully transferred by means of portable fly-tight containers or suitable suction pumps and hose to a transportation container on the scavenger vehicle.

908.5 The transportation container shall be tightly closed, and shall be made absolutely fly-tight immediately after the contents of the privy have been transferred. If portable containers are used, they shall be kept absolutely fly-tight during the process of transportation from the privy or outhouse to the scavenger vehicle.

908.6 If suction pumps and hose are used, they shall be handled to prevent flies from coming in contact with any soiled portions or parts.

908.7 Transportation containers on scavenger vehicles shall be capable of being made fly-tight during the process of transportation to the disposal site.

908.8 All vehicles used for the collection and transportation of human excreta or body wastes shall be so constructed as to carry the fly- tight transportation container as well as any portable containers, pumps, hose, tools, implements or apparatus used, entirely within a covered and fly-tight enclosure.

908.9 Any human excreta of body waste dropped or spilled in the process of collection or transportation shall be carefully taken up and the place or places where the material was dropped or spilled shall be well cleaned and disinfected.

908.10 All human excreta or body wastes shall be transported and discharged into the sewerage system by the contractor at a point designated by the Director.

908.11 All vehicles, tools and equipment used shall be kept in a clean and sanitary condition at all times.

908.12 At the end of each day's work, all portable containers transportation containers, suction pumps and hose and other tools must be carefully washed and disinfected, and shall not again be used until in a clean and sanitary condition.

History

SOURCE: Commissioners' Order No. 300 417/2, dated August 3, 1944, 8 DCRR §§C-370, C-3310 through C-3313, Health Regulations Supplement.

21 DCMR § 909 DISCONTINUANCE OF DISPOSAL SYSTEM OR DISPOSAL ACTIVITY

909.1 Whenever a septic tank and sub-soil sewage disposal system is discontinued, the system shall be thoroughly and carefully disconnected, the system from the plumbing system and the septic tank shall be filled and covered over in a workmanlike manner.

909.2 Whenever any earth pit privy is discontinued, the pit shall be filled in a workmanlike manner as provided in §907.

909.3 Whenever any other privy, outhouse, method or system for storing or disposal of human excreta or body wastes is discontinued, all excreta and body wastes shall be disposed of as provided in this chapter.

909.4 All boxes, cans and receptacles used for the reception, storage, or disposal of any human excreta or body wastes from any discontinued privy, outhouse, or other method or system of disposal, shall be disposed of in a manner that does not endanger the public health or otherwise create a nuisance.

909.5 The superstructure from any discontinued privy, outhouse, method, or system for storing of disposal of any human excreta or body wastes shall be demolished and any portion which may have come in contact with any human excreta or body wastes shall be disposed of in a manner that does not endanger the public health or otherwise constitute a nuisance.

History

SOURCE: Commissioners Order No. 300,417/2, dated August 3, 1944; 8 DCRR §§C-3310 - C-3313, Health Regulations Supplement.

21 DCMR § 910 PERMITS AND ENFORCEMENT

910.1 Temporary permits may be issued by the Director for the construction and maintenance of sanitary earth-pit privies or other types that the Director may approve for use during emergencies, during any and all kinds of public gatherings, and for use by workers on construction work until a water flush system of sewage disposal can be installed.

910.2 Temporary privies or other methods shall be installed and maintained in accordance with this chapter, except that cribbing of earth-pits will not be required when the soil is such that the sides of the pit will support the sills, floors, and superstructure of the building without caving during the period in which the privy is maintained.

910.3 If a privy or septic tank and subsoil sewage disposal system or other method is being maintained in a manner which endangers the public health or otherwise creates a nuisance, or is maintained in violation of this chapter, the permit may be revoked.

910.4 Permits issued for the maintenance of privies and septic tanks and subsoil sewage disposal systems or other methods may be revoked by the Director after the permittee has been given an opportunity to be heard.

910.5 Penalties for violations of this chapter shall be in accordance with D.C. Code §6-604 (1995 Repl. Vol.).

History

SOURCE: Commissioners' Order No. 300,417/2, dated August 3, 1944, 8 DCRR §§C-3310 and C-3311, Health Regulations Supplement.

21-10 RETAIL ESTABLISHMENT CARRYOUT BAGS

21 DCMR § 1000 PURPOSE

PURPOSE

The purpose of this chapter is to implement the provisions of the Anacostia River Clean Up and Protection Act of 2009, effective September 23, 2009 (D.C. Law 18-55; D.C. Official Code § 2-1226.51 et seq.).

History

Source: Final Rulemaking published at 57 DCR 7208 (August 13, 2010).

21 DCMR § 1001 DISPOSABLE CARRYOUT BAG FEE REQUIREMENT

DISPOSABLE CARRYOUT BAG Fee Requirement

Except as provided in Section 1006, a retail establishment shall charge each customer making a purchase from the establishment a fee of five cents ($0.05) for each disposable carryout bag provided to the customer with the purchase.

The fee imposed by Section 1001.1 shall be charged to a customer making a purchase whether the purchase is in person, through the internet, by telephone, by facsimile, electronically, or by any other means.

The retail establishment shall indicate on the customer transaction receipt the number of disposable carryout bags provided, and the total amount of the fee charged.

1001.4 The retail establishment shall account for all bags provided, whether the transaction is completed by a representative of the establishment or at a self-checkout kiosk.

History

Source: Final Rulemaking published at 57 DCR 7208, 7209 (August 13, 2010);.as amended by Final Rulemaking published at 66 DCR 6193 (May 17, 2019). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1001

21 DCMR § 1002 DISPOSABLE CARRYOUT BAG MATERIAL AND LABELING REQUIREMENTS

DISPOSABLE CARRYOUT BAG material and labeling requirements

1002.1 Each disposable carryout bag provided by a retail establishment shall meet the following requirements:

(a) All paper and plastic disposable carryout bags provided shall be one hundred percent (100%) recyclable;

(b) All paper disposable carryout bags shall display in a highly visible manner the phrase “Please Recycle This Bag,” or a substantially similar phrase;

(c) A disposable carryout bag made of paper shall contain a minimum of forty percent (40%) post-consumer recycled content; and

(d) A disposable carryout bag made of plastic shall be made of high-density polyethylene film marked with the SPI resin identification code 2, or low-density polyethylene film marked with the SPI resin identification code 4.

1002.2 A disposable carryout bag shall meet the requirements of this section, even if the bag is biodegradable or compostable.

10032.3 A disposable carryout bag made of both plastic and paper shall meet the paper carryout bag requirements of this section for the paper components of the bag, and shall meet the plastic carryout requirements of this section for the plastic components of the bag.

History

Source: Final Rulemaking published at 57 DCR 7208, 7209 (August 13, 2010); .as amended by Final Rulemaking published at 66 DCR 6193 (May 17, 2019). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1002

21 DCMR § 1003 RETAIL ESTABLISHMENTS SUBJECT TO CARRYOUT BAG REQUIREMENTS

RETAIL ESTABLISHMENTS SUBJECT TO CARRYOUT BAG REQUIREMENTS

For the purposes of this chapter, the term “retail establishment” means:

(a) Any business required to have a Public Health: Food Establishment Retail endorsement to a basic business license pursuant to D.C. Official Code § 47-2827; and

(b) Any business required to have an off-premises retailer’s license, class A or B, pursuant to D.C. Official Code § 25-112.

Such retail establishments include, but are not limited to, the following types of business:

Bakeries;

Delicatessens;

Grocery stores;

Convenience stores that sell food;

Restaurants (subject to the exception set forth in section 1006);

Food vendors;

Street vendors that sell food;

Liquor stores; and

Any business that sells food items, whether or not the principal purpose of the business is to sell food items, including a department store or electronics store that has a Public Health: Food Establishment Retail endorsement to its basic business license.

History

Source: Final Rulemaking published at 57 DCR 7208, 7210 (August 13, 2010).

21 DCMR § 1004 APPLICATION OF CARRYOUT REQUIREMENTS TO RETAIL ESTABLISHMENTS SELLING BOTH FOOD AND NON-FOOD ITEMS

APPLICATION OF CARRYOUT BAG REQUIREMENTS TO RETAIL ESTABLISHMENTS SELLING BOTH FOOD AND NON-FOOD ITEMS

The disposable carryout bag fee, and material and labeling requirements of this chapter, shall apply to a disposable carryout bag provided with the purchase of any item from a retail establishment subject to this chapter, even if the item is a non-food item.

History

Source: Final Rulemaking published at 57 DCR 7208, 7211 (August 13, 2010).

21 DCMR § 1005 APPLICATION OF CARRYOUT BAG REQUIRMENTS TO RESTAURANTS

APPLICATION OF CARRYOUT BAG REQUIREMENTS TO RESTAURANTS

A restaurant with seating, where food or refreshments are served to transient customers to be eaten on the premises where sold, shall comply with the fee, material, and labeling requirements of Sections 1001 and 1002 for each of the following types of disposable carryout bags provided to a customer to take food away from the restaurant:

A plastic carryout bag;

A paper carryout bag, if:

The bag includes a non-food item, whether or not the bag also contains a food item; and

The restaurant directly charges the customer for the non-food item; and,

(c) A paper carryout bag if the restaurant is classified as a Retail Food Establishment pursuant to D.C. Official Code § 47-2827(j).

A retail establishment where food is prepared and sold only for consumption off the premises, such as a delicatessen without seating or a carry-out establishment, that does not qualify as a restaurant under D.C. Official Code § 47-2827(e)(2), shall comply with the fee, and material and labeling requirements of Sections 1001 and 1002, for all paper and plastic disposable carryout bags provided to a customer with his or her purchase.

History

Source: Final Rulemaking published at 57 DCR 7208 (August 13, 2010); as amended by Final Rulemaking published at 66 DCR 6193 (May 17, 2019). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1005

21 DCMR § 1006 CARRYOUT BAGS NOT SUBJECT TO THIS CHAPTER

Carryout bags not subject to this chapter

For the purposes of this chapter, the term “disposable carryout bag” shall not include:

A bag used by a customer inside stores to package bulk items, such as fruit, vegetables, nuts, grains, or candy;

A bag used by a customer inside a store to contain or wrap frozen foods, meat, or fish, whether or not the items are prepackaged;

A bag used by a customer inside a store to contain or wrap flowers, potted plants, or other items where dampness may be a problem;

A bag used by a customer inside a store to contain unwrapped prepared foods or bakery goods;

A bag used by a customer by a pharmacist to contain prescription drugs;

A newspaper bag, door-hanger bag, laundry-dry cleaning bag, or bags sold in a package intended for use as garbage, pet waste, or yard waste bags;

A bag provided to a customer by the retail establishment for the purpose of transporting a partially consumed bottle of wine, as required by D.C. Official Code § 25-113(b)(5)(C);

A paper carryout bag provided to a customer to take food away from a restaurant with seating, as described in D.C. Official Code § 47-2827(e)(2), unless the entity also holds a license as a Retail Food Establishment pursuant to D.C. Official Code § 47-2827(j); and

A reusable carryout bag as defined in Section 1099.

History

Source: Final Rulemaking published at 57 DCR 7208 (August 13, 2010); as amended by Final Rulemaking published at 66 DCR 6193 (May 17, 2019). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1006

21 DCMR § 1007 RETENTION AND REMITTANCE OF THE CARRYOUT BAG FEE

RETENTION AND REMITTANCE OF THE CARRYOUT BAG FEE

Except as provided in Section 1008, a retail establishment shall retain one cent ($0.01) of each fee of five cents ($0.05) charged pursuant to section 1001 and shall remit the remaining four cents ($0.04) of each fee of five cents ($0.05) charged pursuant to section 1001 to the Office of Tax and Revenue.

History

Source: Final Rulemaking published at 57 DCR 7208, 7212 (August 13, 2010).

21 DCMR § 1008 CARRYOUT BAG CREDIT PROGRAM

Carryout Bag Credit Program

If a retail establishment participates in the voluntary Carryout Bag Credit Program, the establishment may retain an additional one cent ($0.01), for a total of two cents ($0.02), from each fee of five cents ($0.05) charged pursuant to Section 1001. The remaining three cents ($0.03) of each fee of five cents ($0.05) charged pursuant to Section 1001, shall be remitted to the Office of Tax and Revenue.

The voluntary Carryout Bag Credit Program means a program under which the retail establishment:

Credits the customer at least five cents ($0.05) for each carryout bag

provided by the customer for packaging his or her purchases, regardless of whether the bag is paper, plastic, or reusable;

Prominently advertises its participation in, and the substance of, the

Carryout Bag Credit Program at each of its checkout registers;

Reflects the total credit amount on the receipt of the customer who

provides his or her own bag or bags; and

(d) Registers its participation in the Carryout Bag Credit Program with the District Department of the Environment.

A retail establishment shall not be required, as a prerequisite to participating in the Carryout Bag Credit Program, to provide a credit to a customer for any portion of the customer’s purchase for which the customer declines the use of a carryout bag.

The retail establishment shall credit a customer a total number of five cent ($0.05) credits that reasonably relate the amount of goods purchased to the number of carryout bags reasonably required to carry the purchased goods.

A credit provided to a customer pursuant to a Carryout Bag Credit Program shall not reduce the amount of fees due to the Office of Tax and Revenue under Sections 1007.1 and 1008.1.

A retail establishment that withdraws from the Carryout Bag Credit Program shall provide notice to the District Department of the Environment of its withdrawal at least ten (10) business days before its withdrawal.

History

Source: Final Rulemaking published at 57 DCR 7208, 7212 (August 13, 2010).

21 DCMR § 1009 TAX STATUS OF FEES RETAINED BY RETAIL ESTABLISHMENT

TAX STATUS OF FEES RETAINED BY RETAIL ESTABLISHMENT

The fees retained by a retail establishment under this Chapter shall not be classified as revenue and shall be tax-exempt for the purposes of Chapters 18, 20, and 27B of Title 47 of the District of Columbia Official Code.

The fees retained by the retail establishment under this section shall be excluded from the definition of a retail sale under D.C. Official Code § 47-2001(n)(2) and from the definition of gross receipts under D.C. Official Code § 47-2761(5).

The fees to be remitted to the District under Sections 1007.1 and 1008.1 shall be added to other tax payments in determining whether the electronic payment requirement under D.C. Official Code § 47-4402(c) applies.

History

Source: Final Rulemaking published at 57 DCR 7208, 7213 (August 13, 2010).

21 DCMR § 1010 PROHIBITION ON CERTAIN FEE-RELATED PRACTICES

PROHIBITION ON CERTAIN FEE-RELATED PRACTICES

A retail establishment shall not assume or absorb, or refund to the customer, the disposable carryout bag fee.

A retail establishment shall not advertise or hold out or state to the public or to a customer, directly or indirectly, that the reimbursement of the disposable carryout bag fee or any part of the fee to be collected by the retail establishment will be assumed or absorbed by the retail establishment or refunded to the customer.

History

Source: Final Rulemaking published at 57 DCR 7208, 7213 (August 13, 2010).

21 DCMR § 1011 PROHIBITION ON SALE AND DISTRIBUTION OF CERTAIN DISPOSABLE CARRYOUT BAGS

PROHIBITION ON SALE AND DISTRIBUTION OF CERTAIN DISPOSABLE CARRYOUT BAGS

Disposable carryout bags made of plastic that is not one hundred percent (100%) recyclable shall not be sold or distributed, retail or wholesale, in the District.

The prohibition set forth in this section applies to all disposable carryout bags sold or distributed, retail or wholesale, to or by any establishment in the District, whether or not the establishment is a retail establishment.

History

Source: Final Rulemaking published at 57 DCR 7208, 7214 (August 13, 2010).

21 DCMR § 1012 PENALTIES FOR VIOLATIONS

1012.1 Violation of any of the requirements of this chapter, except for Sections 1007, 1008.1, 1008.5, and 1009, shall subject a retail establishment to the penalties set forth in this Chapter.

1012.2 If the Director of the Department of Energy and Environment (Director) determines that a violation of this chapter covered by Subsection 1012.1 has occurred, the Director may issue one or both of the following:

(a) A warning notice to the retail establishment; and

(b) A notice of infraction that shall also impose a fine against the retail establishment.

1012.3 No more than one (1) penalty shall be imposed upon a retail establishment within a seven (7) calendar day period.

1012.4 A recipient may request a hearing pursuant to instructions contained in the notice of infraction.

1012.5 Hearings or adjudications of violations under this Chapter shall be conducted 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.).

History

Source: Final Rulemaking published at 57 DCR 7208 (August 13, 2010); as amended by Final Rulemaking published at 66 DCR 6193 (May 17, 2019). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1012

21 DCMR § 1099 Definitions

When used in this Chapter, the following words and phrases shall have the meanings ascribed:

100 percent (100%) recyclable - capable of being collected, separated, and recovered from the solid waste stream through the District’s recycling programs, and either used again or reused in the manufacture or assembly of another package or product.

Act - means the Anacostia River Clean Up and Protection Act of 2009, effective September 23, 2009 (D.C. Law 18-55; D.C. Official Code § 8-102 et seq.).

Disposable carryout bag - a bag of any material, commonly plastic or kraft paper, which is provided to a customer at the point of sale to carry purchases.

Post-consumer recycled content - any material that has completed its use as a consumer item and that would otherwise have been disposed of as municipal solid waste, but that has instead been reused or reconstituted as a product or raw material.

Reusable carryout bag - a bag with handles that is specifically designed and manufactured for multiple reuse and is made of cloth, fiber, other machine-washable fabric, or durable plastic that is at least two and one-quarter millimeters (2.25 mm) thick.

History

Source: Final Rulemaking published at 57 DCR 7208, 7215 (August 13, 2010); as amended by Errata Notice published at 59 DCR 12366 (October 26, 2012). 1

21-11 WATER QUALITY STANDARDS

21 DCMR § 1100 PURPOSE AND SCOPE

1100.1 This chapter establishes the Water Quality Standards (WQS) for the waters of the District of Columbia, as authorized by section 5 of the Water Pollution Control Act of 1984, effective March 16, 1985 (D.C. Law 5-188; D.C. Official Code § 8-103.04).

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is § 5 of the Water Pollution Control Act of 1984, D.C. Law 5-188, D.C. Code § 6-924 (1988 Repl. Vol.): Mayor's Order 85-152, dated September 12, 1985.
SOURCE: 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 (October 1, 2010).

21 DCMR § 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 Standards Classes 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

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.

History

SOURCE: 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).

21 DCMR § 1102 ANTIDEGRADATION POLICY

1102.1 TIER I: Existing instream water uses and the level of water quality necessary to protect the existing uses shall be maintained and protected.

1102.2 TIER II: If the water quality of the surface waters of the District exceeds the water quality criteria necessary to sustain the existing uses, those waters shall be maintained at that quality. The water quality will not be allowed to degrade unless the District finds, after full satisfaction of the inter-governmental coordination and public participation of the District’s continuing planning process as required in 40 CFR Part 130, that allowing lower water quality is necessary to accommodate important economic or social development in the area in which the waters are located. In allowing the degradation to lower water quality, the District shall ensure water quality adequate to protect existing uses fully. Further, the District shall ensure that the highest statutory and regulatory requirements for all new and existing point sources and all cost effective and reasonable best management practices for nonpoint source control.

1102.3 TIER III: Where high quality waters constitute an outstanding national resource, such as waters of the national and District parks and wildlife refuges and waters of exceptional recreational or ecological significance, those waters shall be designated Outstanding National Resource Waters (ONRW) and the water quality in the ONRW shall be maintained, protected and designated as below:

(a) New point and nonpoint source discharges, treated or otherwise, shall be prohibited in these segments;

(b) Increases in loadings or new pollutants from existing point and nonpoint source discharges shall be prohibited in these segments;

(c) Short-term degradation of the water quality shall be permitted after the permittee provides an opportunity for public participation; and submits to the Department a report that describes the matter on which the public was consulted; summarizes the views, significant comments, criticisms and suggestions of the public and other local and federal government agencies; and sets forth the specific responses in terms of modifications of the proposed action or an explanation for rejection of proposals made by the public and other local and federal government agencies. However, all practical means of minimizing the degradation shall be implemented; and

(d) Designation of ONRWs shall be adopted after full satisfaction of the intergovernmental coordination of the District's agencies and public participation provisions of the District’s continuing planning process as required in 40 CFR Part 130.

1102.4 SPECIAL WATERS OF THE DISTRICT OF COLUMBIA (SWDC): Any segment or segments of the surface waters of the District that are of water quality better than needed for the current use or have scenic or aesthetic importance shall be designated as Special Waters of the District of Columbia (SWDC). The water quality in SWDC designated segments of the District's surface waters shall be maintained at or above the current level by implementing the following:

(a) Existing nonpoint source discharges, storm water discharges and storm sewer discharges to SWDC segments shall be controlled through implementation of best management practices and regulatory programs;

(b) Construction or development projects, such as roads, bridges, and bank stabilization of the streams in which a SWDC designated segment is located, which may lead to pollution of the water, shall be permitted on a case-by-case basis to ensure that there are no long-term adverse water quality effects and that no impairment of the designated uses of the segment occurs; or

(c) Short term degradation of water quality in a SWDC segment due to construction projects may be permitted provided that prior notice is given to the public and other local and federal government agencies, and provided that the builder of the construction project submits a report to the Department which summarizes the views, significant comments, criticisms and suggestions of the public and other local and federal government agencies; and sets forth the specific responses in terms of modifications of the proposed action or an explanation for rejection of proposals made by the public and other local and federal government agencies.

1102.5 The following waters of the District shall be designated as SWDC segments:

(a) Rock Creek and its tributaries, and

(b) Battery Kemble Creek and its tributaries.

History

SOURCE: Final Rulemaking published at 41 DCR 1075, 1077 (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, 9133-9135 (October 1, 2010).

21 DCMR § 1103 WETLANDS

1103.1 In a wetland, the numerical and the narrative criteria shall be applied to the column of water above the wetland in accordance with the designated use.

1103.2 Wetlands with rooted vascular aquatic vegetation, except those specifically constructed or created as waste water treatment devices and except as provided in D.C. Official Code §§ 8-103.03(d) and 8-103.06(a)(3), shall be protected from significant adverse hydrologic modifications, excessive sedimentation, deposition of toxic substances in toxic amounts, nutrient imbalances, and other adverse anthropogenic impacts.

History

SOURCE: Final Rulemaking published at 41 DCR 1075, 1078 (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, 9135 (October 1, 2010).

21 DCMR § 1104 STANDARDS

1104.1 The surface waters of the District shall be free from substances in amounts or combinations that do any one of the following:

(a) Settle to form objectionable deposits;

(b) Float as debris, scum, oil, or other matter to create a nuisance;

(d) Cause injury to, are toxic to, or produce adverse physiological or behavioral changes in humans, plants, or animals;

(e) Produce undesirable or nuisance aquatic life or result in the dominance of nuisance species; or

(f) Impair the biological community that naturally occurs in the waters or depends upon the waters for its survival and propagation.

1104.2 For the waters of the District with multiple designated uses, the most stringent standards or criteria shall govern.

1104.3 Class A waters shall be free of discharges of untreated sewage, litter and unmarked submerged or partially submerged man-made structures that would constitute a hazard to the users of Class A waters.

1104.4 The aesthetic qualities of Class B waters shall be maintained. Construction, placement or mooring of facilities not primarily and directly water oriented is prohibited in, on, or over Class B waters unless:

(a) The facility is for the general public benefit and service, and

(b) Land based alternatives are not available.

1104.5 Class C streams shall be maintained to support aquatic life and shall not be placed in pipes.

1104.6 Within tidally influenced Class C waters, concentrations of chlorophyll a in free-floating microscopic aquatic plants (algae) shall not exceed levels that result in ecologically undesirable consequences such as reduced water clarity, low dissolved oxygen, food supply imbalances, proliferation of species deemed potentially harmful to aquatic life or humans or aesthetically objectionable conditions or otherwise render tidal waters unsuitable for designated uses.

1104.7 Class E waters shall be free of unmarked submerged or partially submerged man-made objects that pose a hazard to users of these waters.

1104.8 Unless otherwise stated, the numeric criteria that shall be met to attain and maintain designated uses are as follows in Tables 1 through 3:

Table 1: Conventional Constituents Numeric Criteria

Constituent

Class A

Class B

Class C

Chlorophyll aa,b (μg/L)(seasonal segment average)

July 1 through September 30

—

Dissolved Oxygen (mg/L)

Instantaneous minimum (year-round)c

—

5.0

February 1 through May 31a,b

7-day mean

—

6.0

Instantaneous minimum

—

5.0

June 1 through January 31a,b

30-day mean

—

5.5

7-day mean

—

4.0

Instantaneous minimumd

—

3.2

E. colie (MPN/100 mL)

Single Sample Value

410

—

Geometric mean (Geometric mean of 5 samples over a maximum period of 30 days)

126

—

Hydrogen sulfide (maximum μg/L)

—

2.0

Oil and grease (mg/L)

—

10.0

Greater than

6.0

And less than

8.5

Secchi deptha,b (m)(seasonal segment average)

April 1 through October 31

—

0.8

Temperature (°C)

Maximum

—

32.2

Maximum change above ambient

—

2.8

Total dissolved gases (maximum % saturation)

—

110

Turbidity Increase above Ambient (NTU)f

Notes:

a Attainment of the dissolved oxygen, water clarity and chlorophyll a water quality criteria that apply to tidally influenced Class C waters will be determined following the guidelines documented in the 2003 Environmental Protection Agency publication: Ambient Water Quality Criteria for Dissolved Oxygen, Water Clarity and Chlorophyll a for the Chesapeake Bay and its Tidal Tributaries, EPA 903-R-03-002 (April 2003, Region III Chesapeake Bay Program Office, Annapolis, Maryland); 2004 Addendum, EPA 903-R-04-005 (October 2004); 2007 Addendum, EPA 903-R-07-003 CBP/TRS 285/07 (July 2007); 2007 Chlorophyll Criterion Addendum, EPA 903-R-07-005 CBP/TRS 288-07 (November 2007); 2008 Addendum, EPA 903-R-08-001 CBP/TRS 290-08 (September 2008); and 2010 Criterion Addendum, EPA 903-R-10-002 CBP/TRS-301-10 (May 2010).

b This criterion shall apply to only tidally influenced waters.

c This criterion shall apply to only non-tidal waters.

d An instantaneous minimum dissolved oxygen concentration of 4.3 mg/L shall apply in tidally influenced waters at temperatures greater than 29oC.

e The geometric mean criterion shall be used for assessing water quality trends and for permitting. The single sample value criterion shall be used for assessing water quality trends only.

f The ambient turbidity equivalent for Piedmont river mainstems and tributaries (Potomac River northwest of the Theodore Roosevelt Bridge and its tributaries, and Rock Creek) is 1 NTU. The ambient equivalent for Coastal Plain river mainstems and tributaries (Potomac River east of the Theodore Roosevelt Bridge and Anacostia River and its tributaries) is 6 NTU.

Table 2: Trace Metals and Inorganics Numeric Criteria

Constituenta

Trace metals and inorganics in μg/L, except where stated otherwise (see Notes below)

CAS Number

Class C

Class Db

CMC

1-Hour Avg

(Acute)

CCC

4-Day Avg

(Chronic)

30-Day Avg

Ammonia, total ammonia nitrogen (in mg N/L)

7664417

See Footnote g

See Footnote h

—

Antimony, total recoverable

7440360

—

640

Arsenic, dissolved

7440382

340

150

0.14c

Cadmium, dissolved

7440439

See Footnotes d and e

—

Chlorine, total residual

7782505

—

Chromium, hexavalent, dissolved

18540299

16e

11e

—

Chromium, trivalent, dissolved

16065831

See Footnotes d and e

—

Copper, dissolved

7440508

See Footnotes d and e

—

Cyanide, free

57125

5.2

400

Iron, dissolved

7439896

—

1,000

—

Lead, dissolved

7439921

See Footnotes d and e

—

Manganese

7439965

—

100

Mercury, dissolved

7439976

1.4e

0.77e

0.15

Methylmercury (mg/kg, fish tissue residue)

22967926

—

0.3

Nickel, dissolved

7440020

See Footnotes d and e

4,600

Selenium, total recoverable

7782492

4,200

Silver, dissolved

7440224

See Footnotes d and e

—

65,000

Thallium, dissolved

7440280

—

0.47

Zinc, dissolved

7440666

See Footnotes d and e

26,000

Notes:

a If there are no numeric criteria listed for a constituent, the criteria to attain and maintain designated uses shall be the narrative criteria for toxics contained in these water quality standards.

b The Class D human health criteria for metals are based on total recoverable metals.

c The criteria is based on carcinogenicity of 10−6 risk level.

d The formulas for calculating the criterion for the hardness dependent constituents indicated above are as follows:

Table 2a: Formulas for Hardness-Dependent Constituentse

Constituent

CMC (Acute)

CCC (Chronic)

Cadmium

e(0.9789[ln(hardness)] − 3.866)

e(0.7977[ln(hardness)] − 3.909)

Chromium III

e(0.8190[ln(hardness)] + 3.7256)

e(0.8190[ln(hardness)] + 0.6848)

Copper

e(0.9422[ln(hardness)] − 1.700)

e(0.8545[ln(hardness)] − 1.702)

Lead

e(1.2730[ln(hardness)] − 1.460)

e(1.2730[ln(hardness)] − 4.705)

Nickel

e(0.8460[ln(hardness)] + 2.255)

e(0.8460[ln(hardness)] + 0.0584)

Silver

e(1.7200[ln(hardness)] − 6.590)

—

Zinc

e(0.8473[ln(hardness)] + 0.884)

e The criterion is multiplied by the EPA conversion factor which converts the total recoverable metal to dissolved metal in Table 2b as specified in §1105.10:

Table 2b: Conversion Factors from Total Recoverable to Dissolved Metalsf

Constituent

CMC (Acute)

CCC (Chronic)

Cadmium

1.136672 − [(ln hardness)(0.041838)]

1.101672 − [(ln hardness)(0.041838)]

Chromium III

0.316

0.860

Chromium VI

0.982

0.962

Copper

0.960

Lead

1.46203 − [(ln hardness)(0.145712)]

Mercury

0.85

Nickel

0.998

0.997

Silver

0.85

—

Zinc

0.978

0.986

f Hardness in Tables 2a and 2b shall be measured as mg/L of calcium carbonate (CaCO3). The allowed hardness value range shall be 25 – 400 mg/L as CaCO3, even if the actual ambient water hardness is outside of that range.

g Criterion Maximum Concentration (CMC) for total ammonia nitrogen (in mg N/L):

Shall be the one (1)-hour average concentration for total ammonia nitrogen, computed for a design flow specified in §1105.5.

(b) Shall account for the influence of the pH as shown in Table 2c.

(c) Is calculated using the following formula, which shall be used to calculate unlisted values: CMC = [(0.411/(1+107.204-pH)] + [58.4/(1+ 10pH-7.204)].

Table 2c: Total Ammonia Nitrogen (in mg N/L) CMC for Various pH

CMC

6.50

48.8

7.20

29.5

7.90

10.1

8.60

2.65

6.60

46.8

7.30

26.2

8.00

8.40

8.70

2.20

6.70

44.6

7.40

23.0

8.10

6.95

8.80

1.84

6.80

42.0

7.50

19.9

8.20

5.72

8.90

1.56

6.90

39.1

7.60

17.0

8.30

4.71

9.00

1.32

7.00

36.1

7.70

14.4

8.40

3.88

7.10

32.8

7.80

12.1

8.50

3.20

h Criterion Continuous Concentration (CCC) for total ammonia nitrogen (in mg TAN/L):

Shall be the thirty (30)-day average concentration for total ammonia computed for a design flow specified in §1105.5.

Shall account for the influence of the pH and temperature as shown in Table 2d and Table 2e. The highest four (4)-day average within the thirty (30)-day period shall not exceed 2.5 times the CCC.

Is, for the period March 1 through June 30, calculated using the following formula, which shall be used to calculate unlisted values: CCC = [(0.0577/(1+107.688-pH)) + (2.487/(1+ 10pH-7.688))] × MIN(2.85, 1.45 × 100.028 × (25-T))], where MIN indicates the lesser of the two values (2.85, 1.45 × 100.028 × (25-T)) separated by a comma, as shown in Table 2c

Is, for the period July 1 through February 28/29, calculated using the following formula, which shall be used to calculate unlisted values: CCC = [(0.0577/(1+107.688-pH)) + (2.487/(1+ 10pH-7.688))] × [1.45 × 100.028 X (25-MAX(T,7)], where MAX indicates the greater of the two values (T,7) separated by a comma, as shown in Table 2d.

Table 2d: Total Ammonia Nitrogen (in mg N/L) CCC for Various pH and Temperatures for March 1 through June 30

Temperature (°C)

6.50

6.67

6.06

5.33

4.68

4.12

3.62

3.18

2.80

2.46

6.60

6.57

5.97

5.25

4.61

4.05

3.56

3.13

2.75

2.42

6.70

6.44

5.86

5.15

4.52

3.98

3.42

3.00

2.64

2.32

6.80

6.29

5.72

5.03

4.42

3.89

3.42

3.00

2.64

2.32

6.90

6.12

5.56

4.89

4.30

3.78

3.32

2.92

2.57

2.25

7.00

5.91

5.37

4.72

4.15

3.65

3.21

2.82

2.48

2.18

7.10

5.67

5.15

4.53

3.98

3.50

3.08

2.70

2.38

2.09

7.20

5.39

4.90

4.31

3.78

3.33

2.92

2.57

2.26

1.99

7.30

5.08

4.61

4.06

3.57

3.13

2.76

2.42

2.13

1.87

7.40

4.73

4.30

3.97

3.49

3.06

2.69

2.37

2.08

1.83

7.50

4.36

3.97

3.49

3.06

2.69

2.37

2.08

1.83

1.61

7.60

3.98

3.61

3.18

2.79

2.45

2.16

1.90

1.67

1.47

7.70

3.58

3.25

2.86

2.51

2.21

1.94

1.71

1.50

1.32

7.80

3.18

2.89

2.54

2.23

1.96

1.73

1.52

1.33

1.17

7.90

2.80

2.54

2.24

1.96

1.73

1.52

1.33

1.17

1.03

8.00

2.43

2.21

1.94

1.71

1.50

1.32

1.16

1.02

0.897

8.10

2.10

1.91

1.68

1.47

1.29

1.14

1.00

0.879

0.773

8.20

1.79

1.63

1.43

1.26

1.11

0.973

0.855

0.752

0.661

8.30

1.52

1.39

1.22

1.07

0.941

0.827

0.727

0.639

0.562

8.40

1.29

1.17

1.03

0.906

0.796

0.700

0.615

0.541

0.475

8.50

1.09

0.990

0.870

0.765

0.672

0.591

0.520

0.457

0.401

8.60

0.920

0.836

0.735

0.646

0.568

0.499

0.439

0.386

0.339

8.70

0.778

0.707

0.622

0.547

0.480

0.422

0.371

0.326

0.287

8.80

0.661

0.601

0.528

0.464

0.408

0.359

0.315

0.277

0.208

8.90

0.565

0.513

0.451

0.397

0.349

0.306

0.269

0.237

0.208

9.00

0.486

0.442

0.389

0.342

0.300

0.264

0.232

0.204

0.179

Table 2e: Total Ammonia Nitrogen (in mg N/L) CCC Criterion for Various pH and Temperatures for July 1 through February 28/29

Temperature (°C)

0-7

15*

16*

6.50

10.8

10.1

9.51

8.92

8.36

7.84

7.35

6.89

6.46

6.06

6.60

10.7

9.99

9.37

8.79

8.24

7.72

7.24

6.79

6.36

5.97

6.70

10.5

9.81

9.20

8.62

8.08

7.58

7.11

6.66

6.25

5.86

6.80

10.2

9.58

8.98

8.42

7.90

7.40

6.94

6.51

6.10

5.72

6.90

9.93

9.31

8.73

8.19

7.68

7.20

6.75

6.33

5.93

5.56

7.00

9.60

9.00

8.43

7.91

7.41

6.95

6.52

6.11

5.73

5.37

7.10

9.20

8.63

8.09

7.58

7.11

6.67

6.25

5.86

5.49

5.15

7.20

8.75

8.20

7.69

7.21

6.76

6.34

5.94

5.57

5.22

4.90

7.30

8.24

7.73

7.25

6.79

6.37

5.97

5.60

5.25

4.92

4.61

7.40

7.69

7.21

6.76

6.33

5.94

5.57

5.22

4.89

4.59

4.30

7.50

7.09

6.64

6.23

5.84

5.48

5.13

4.81

4.51

4.23

3.97

7.60

6.46

6.05

5.67

5.32

4.99

4.68

4.38

4.11

3.85

3.61

7.70

5.81

5.45

5.11

4.79

4.49

4.21

3.95

3.70

3.47

3.25

7.80

5.17

4.84

4.54

4.26

3.99

3.74

3.51

3.29

3.09

2.89

7.90

4.54

4.26

3.99

3.74

3.51

3.29

3.09

2.89

2.71

2.54

8.00

3.95

3.70

3.47

3.26

3.05

2.86

2.68

2.52

2.36

2.21

8.10

3.41

3.19

2.99

2.81

2.63

2.47

2.31

2.17

2.03

1.91

8.20

2.91

2.73

2.56

2.4

2.25

2.11

1.98

1.85

1.74

1.63

8.30

2.47

2.32

2.18

2.04

1.91

1.79

1.68

1.58

1.48

1.39

8.40

2.09

1.96

1.84

1.73

1.62

1.52

1.42

1.33

1.25

1.17

8.50

1.77

1.66

1.55

1.46

1.37

1.28

1.20

1.13

1.06

0.990

8.60

1.49

1.40

1.31

1.23

1.15

1.08

1.01

0.951

0.892

0.836

8.70

1.26

1.18

1.11

1.04

0.976

0.915

0.858

0.805

0.754

0.707

8.80

1.07

1.01

0.944

0.885

0.829

0.778

0.729

0.684

0.641

0.601

8.90

0.917

0.860

0.806

0.756

0.709

0.664

0.623

0.584

0.548

0.513

9.00

0.790

0.740

0.694

0.651

0.610

0.572

0.536

0.503

0.471

0.442

*At 15°C and above, the criterion for July 1 through February 28/29 is the same as the criterion for March 1 through June 30.

Table 3: Organic Constituents Numeric Criteria

Organic Constituenta

(µg/L)

CAS Number

Class C

Class D

CMC

1-Hour Avg

(Acute)

CCC

4-Day Avg

(Chronic)

30-Day

Avg

Acrolein

107028

3.0

400

Acrylonitrile

107131

—

700.0

7.0, b

Aldrin

309002

3.0

0.4

0.00000077, b

Benzene

71432

—

1000

16, b

Benzidine

92875

—

250

0.011, b

Carbamates

—

Carbaryl (Sevin)

63252

2.1

—

Carbon Tetrachloride

56235

—

1000

5, b

Chlordane

57749

2.4

0.0043

0.00032, b

Chlorinated Benzenes (except Di)

—

25.0

—

Chlorobenzene

108907

—

800

1,2-Dichlorobenzene

95501

—

200

3,000

1,3-Dichlorobenzene

541731

—

200

1,4-Dichlorobenzene

106467

—

200

900

Hexachlorobenzene

118741

—

0.000079, b

Pentachlorobenzene

608935

—

0.1

1,2,4,5-Tetrachlorobenzene

95943

—

0.03

1,2,4-Trichlorobenzene

120821

—

0.076

Chlorinated Ethanes

—

1,2-Dichloroethane

107062

—

650, b

Hexachloroethane

67721

—

0.1, b

1,1,2,2-Tetrachloroethane

79345

—

3, b

1,1,1-Trichloroethane

71556

—

200,000

1,1,2-Trichloroethane

79005

—

8.9, b

Chlorinated Naphthalenes

—

2-Chloronaphthalene

91587

—

200

1000

Chlorinated Phenols

—

2-Chlorophenol

95578

—

100

800

2,4-Dichlorophenol

120832

—

200

Pentachlorophenol

87865

Footnote c

0.04, b

2,4,5-Trichlorophenol

95954

—

600

2,4,6-Trichlorophenol

88062

—

2.8, b

3-Methyl-4-Chlorophenol

59507

—

2,000

Chloroalkyl Ethers

—

1000

—

Bis(2-Chloroethyl) Ether

111444

—

2.2, b

Bis(2-Chloro-1-methylethyl) Ether

108601

—

4,000

Bis(Chloromethyl) Ether

542881

—

0.017, b

Chlorophenoxy Herbicide (2,4-D)

94757

—

12,000

Chlorophenoxy Herbicide (2,4,5-TP) [Silvex]

93721

—

400

3,3-Dichlorobenzidine

91941

—

0.15, b

Dichloroethylenes

—

1000

—

1,1-Dichloroethylene

75354

—

20,000

Trans-1,2-Dichloroethylene

156605

—

4,000

1,2-Dichloropropane

78875

—

2000

31, b

Dichloropropenes

—

400

—

1,3-Dichloropropene

542756

—

12, b

Dieldrin

60571

0.24

0.056

0.0000012, b

2,4-Dimethylphenol

105679

—

200

3000

2,4-Dinitrotoluene

121142

—

1.7, b

Dioxin (2,3,7,8-TCDD)

1746016

—

0.0000000051, b

1,2-Diphenylhydrazine

122667

—

0.2, b

Endosulfan

—

0.22

0.056

alpha-Endosulfan

959988

0.22

0.056

beta-Endosulfan

33213659

0.22

0.056

Endosulfan Sulfate

1031078

—

Endrin

72208

0.086

0.036

0.03

Endrin Aldehyde

7421934

—

Ethylbenzene

100414

—

130

Halomethanes

—

1000

—

Bromoform

75252

—

120, b

Chloroform

67663

—

3000

2000

Chlorodibromomethane

124481

—

21, b

Dichlorobromomethane

75274

—

27, b

Methyl Bromide

74839

—

10,000

Methylene Chloride

75092

—

1,000, b

Heptachlor

76448

0.52

0.0038

0.0000059, b

Heptachlor Epoxide

1024573

0.52

0.0038

0.000032, b

Hexachlorobutadiene

87683

—

0.01, b

Hexachlorocyclohexane (HCH)- Technical

608731

—

0.010, b

alpha-Hexachlorocyclohexane (HCH)

319846

—

0.00039, b

beta-Hexachlorocyclohexane (HCH)

319857

—

0.014, b

gamma-Hexachlorocyclohexane (HCH) [Lindane]

58899

0.95

0.08

4.4

Hexachlorocyclopentadiene

77474

—

0.5

Isophorone

78591

—

1000

1,800, b

Methoxychlor

72435

—

0.03

0.02

Mirex

2385855

—

0.001

—

Nitrobenzene

98953

—

1000

600

Nitrophenols

—

2-Methyl-4,6- Dinitrophenol

534521

—

2,4-Dinitrophenol

51285

—

300

Dinitrophenols

25550587

—

1,000

Nitrosamines

—

600

1.24, b

N-Nitrosodibutylamine

924163

—

0.22 b

N-Nitrosodiethylamine

55185

—

1.24, b

N-Nitrosodimethylamine

62759

—

3.0, b

N-Nitrosodi-n-Propylamine

621647

—

0.51, b

N-Nitrosodiphenylamine

86306

—

6.0, b

N-Nitrosopyrrolidine

930552

—

34, b

Nonylphenol

84852153

6.6

—

Organochlorides

—

4,4’-DDD

72548

1.1

0.001

0.00012, b

4,4’-DDE

72559

1.1

0.001

0.000018, b

4,4’-DDT

50293

1.1

0.001

0.000030, b

Organophosphates

—

Diazinon

333415

0.3397

0.1699

—

Guthion

86500

—

0.01

—

Malathion

121755

—

0.1

—

Parathion

56382

0.065

0.013

—

Phenol

108952

—

300,000

Phthalate Esters

—

100

—

Bis(2-Ethylhexyl) Phthalate

117817

—

0.37, b

Butylbenzyl Phthalate

85687

—

0.10, b

Diethyl Phthalate

84662

—

600

Dimethyl Phthalate

131113

—

2,000

Di-n-Butyl Phthalate

84742

—

Polychlorinated Biphenyls (PCB)d

—

0.014

0.000064, b

Polynuclear aromatic hydrocarbons (PAH)

—

Acenaphthene

83329

—

Acenaphthylene

208968

—

Anthracene

120127

—

400

Benzo(a)anthracene

56553

—

0.0013, b

Benzo(a)pyrene

50328

—

0.00013, b

Benzo(b)fluoranthene

205992

—

0.0013, b

Benzo(k)fluoranthene

207089

—

0.013, b

Chrysene

218019

—

0.13, b

Dibenzo(a,h)anthracene

53703

—

0.00013, b

Fluoranthene

206440

—

400

Fluorene

86737

—

Indeno(1,2,3-cd)pyrene

193395

—

0.0013, b

Naphthalene

91203

—

600

—

Pyrene

129000

—

Tetrachloroethylene

127184

—

800

29, b

Toluene

108883

—

600

520

Toxaphene

8001352

0.73

0.0002

0.00071, b

Tributyltin (TBT)

—

0.46

0.072

—

Trichloroethylene

79016

—

1000

7, b

Vinyl chloride

75014

—

1.6, b

Notes:

a For constituents with blank numeric criteria, EPA has not made a criteria recommendation under CWA 304(a) at this time. However, permit authorities will address these constituents in NPDES permit actions using the narrative criteria for toxics.

b The criteria are based on carcinogenicity of 10−6 risk level.

c The formulas for calculating the concentrations of substances indicated above are as follows:

Pentachlorophenol CMC

(µg/L)

Pentachlorophenol CCC

(µg/L)

e(1.005(pH) - 4.869)

e(1.005(pH) - 5.134)

d The polychlorinated biphenyls (PCB) criterion applies to total PCBs (e.g., the sum of all congener, isomer, homolog, or Aroclor analyses.)

History

SOURCE: Final Rulemaking published at 41 DCR 1075, 1077 (March 4, 1994); as amended by Final Rulemaking published at 47 DCR 284(January 21, 2000); as amended by Final Rulemaking published at 49 DCR 3012 (April 5, 2002); as amended by Emergency and Proposed Rulemaking published at 49 DCR 1706 (February 22, 2002); as amended by Final Rulemaking published at 52 DCR 9621(October 28, 2005); as amended by Final Rulemaking published at 57 DCR 9129, 9135-9146 (October 1, 2010); as amended by Final Rulemaking published at 60 DCR 15231 (November 1, 2013); as amended by Final Rulemaking published at 67 DCR 5371 (May 22, 2020); as amended by Final Rulemaking published at 72 DCR 002805 (March 14, 2025). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1104

21 DCMR § 1105 IMPLEMENTATION AND APPLICABILITY

1105.1 Where the discharge of pollutants in quantities that prevent the attainment of, or violates, the surface water quality standards, the Director may grant a variance from a water quality standard that is the basis of a water quality-based effluent limitation included in a National Pollutant Discharge Elimination System (NPDES) permit. A water quality standard variance applies only to the permittee requesting the variance and only to the pollutant or pollutants specified in the variance. A variance does not affect, or require the Director to modify, the corresponding water quality standard for the waterbody as a whole. A variance may be granted only if the discharger can justify every three (3) years through a public hearing process that attaining the water quality standard is not feasible because at least one (1) of the following conditions exists:

(a) Irretrievable and irreversible conditions that prevent the attainment of the standards;

(b) The application of technology sufficient to attain the standards is more stringent than that required by sections 301(b) and 306 of the federal Clean Water Act, and the application of the technology would result in substantial and widespread adverse economic and social impacts; or

One or more of the reasons specified in subsection 1101.3.

1105.2 The Director shall not grant a variance from the water quality standards if:

(a) The variance will result in loss of protection for an existing use, or

(b) The permittee fails to make the demonstrations required under subsection 1105.1.

1105.3 Variances approved by the Director shall include all permit conditions needed to implement those parts of the variance so approved. The permit conditions shall, at a minimum, require:

(a) Compliance with an initial effluent limitation that, at the time the variance is granted, represents the level currently achievable by the permittee, and that is no less stringent than that achieved under the previous permit;

(b) That reasonable progress be made toward attaining the water quality standards for the waterbody as a whole through appropriate conditions; and

(c) A provision that allows the permitting authority to reopen and modify the permit based upon any triennial water quality standards revisions to the variance.

1105.4 The Director shall establish and incorporate into the water quality certification of the permittee's discharge permit, all conditions needed to implement the variance as determined pursuant to this section. A variance may be renewed, subject to the requirements of this section. As part of any renewal application, the permittee shall again demonstrate that attaining water quality standards is not feasible based on the requirements of subsection 1105.1. The permittee's application shall also contain information concerning the permittee’s compliance with the conditions incorporated into its permit as part of the previous variance pursuant to this section. The Director may deny renewal of a variance if the permittee did not substantively comply with the conditions of the previous variance.

1105.5 The design flow to be used for establishing permit limitations for discharges to the District waters shall be as follows:

(a) The numerical criteria for classes A, B, and C(CCC), as delineated in subsection 1104.8, shall not apply at flows less than the average seven-day (7-day) low flow, which has a probability of occurrence of once in ten (10) years;

(b) The numerical criteria for class C(CMC), as delineated in subsection 1104.8, shall not apply at flows less than the average one-day (1-day) low flow, which has a probability of occurrence of once in ten (10) years;

For carcinogenic pollutants under class D, as delineated in subsection 1104.8, the design flow shall be the harmonic mean flow, and for noncarcinogenic pollutants under class D the design flow shall be the average thirty-day (30-day) low flow, which has the probability of occurrence of once in five (5) years. The categorization of pollutants to be carcinogenic or noncarcinogenic is shown under the Class D column for Human Health Criteria;

The numerical criteria for clarity shall not apply at flows greater than the long-term seasonal average flow; and

For chlorophyll a, the design flow shall be the average seasonal flow for July 1 through September 30.

1105.6 High flow conditions in the District of Columbia waters are defined as follows:

(a) For the Potomac River, the following conditions shall be considered a high flow:

A flow that may result due to a rainfall with an average intensity greater than two-tenths of an inch (0.2") per hour for a period of one (1) hour in the portion of the District of Columbia contributory to the Potomac River, or

(2) A flow equivalent to a three hundred percent (300%) increase in flow during a twenty-four (24) hour period.

(b) For the Anacostia River, the following conditions shall be considered a high flow:

(1) A flow that may result due to a rainfall with an average intensity greater than two-tenths of an inch (0.2") per hour for a period of one (1) hour in the portion of the District of Columbia contributory to the Anacostia River, or

(2) A flow equivalent to a three hundred percent (300%) increase in flow during a twenty-four (24) hour period.

A flow equivalent to a three hundred percent (300%) increase in flow during a twenty-four (24) hour period.

(d) For other tributaries to the Potomac and Anacostia Rivers, a flow equivalent to a five hundred percent (500%) increase in flow during a twenty-four (24) hour period, shall be considered a high flow.

1105.7 The Director may allow mixing zones for point source discharges of pollutants on a case-by-case basis, where it is demonstrated that allowing a small area impact will not adversely affect the waterbody as a whole. The following conditions shall apply:

(a) In the nontidal waters, the permissible size of the mixing zone shall be determined by the ability of organisms to pass through the mixing zone and the size of the receiving waterbody;

(b) Mixing zones shall be free from discharged substances that will settle to form objectionable deposits; float to form unsightly masses; or produce objectionable color, odor, or turbidity;

(c) A mixing zone, or two (2) or more mixing zones, shall not form a barrier to the movements of aquatic life, nor cause significant adverse impact on aquatic life in shallow areas that serve as a nursery;

(d) The concentration of a substance in the mixing zone shall not be lethal to passing organisms, as determined by the appropriate EPA method;

(e) Mixing zones shall be positioned in a manner that provides the greatest protection to aquatic life and the designated uses of the water;

(f) Within the estuary, the cross-sectional area occupied by a mixing zone shall not exceed ten percent (10%) of the numerical value of the cross-sectional area of the waterway, and the width of the mixing zone shall not occupy more than one third (1/3) of the width of the waterway;

(g) Within the estuary, mixing zones may move with the prevailing hydraulic and meteorological conditions;

(h) The numerical standards for Criterion Continuous Concentration (CCC) in subsection 1104.8 must be met at the edge of the mixing zone and therefore the CMC criteria will be met within some portions of the mixing zone;

The mixing zone shall be implemented in accordance with the EPA Technical Support Document for Water Quality-Based Toxics Control, EPA-505-2-90-001, March 1991; and

(j) The mixing zone shall be approved by the Director.

1105.8 Any permit issued pursuant to section 7 of the Water Pollution Control Act of 1984 (D.C. Official Code § 8-103.06) shall be based on the designated uses and other provisions of these water quality standards.

1105.9 When the Director requires a new water quality standard-based effluent limitation in a discharge permit, the permit may, when appropriate, specify a schedule of compliance. The schedule shall require compliance as soon as possible. The permittee shall have no more than three (3) years to achieve compliance with the limitation, unless the permittee can demonstrate, and the record reflects, that a longer compliance period is warranted.

1105.10 The numerical criteria for dissolved cadmium, trivalent chromium, copper, lead, nickel, silver, and zinc shall be calculated by multiplying the criteria for these metals as specified in Table 2 of §1104.8 by the EPA Conversion Factors specified in Appendix A of the EPA National Recommended Water Quality Criteria: 2002, EPA-822-R-02-047, November 2002. This conversion is required to convert the metal criteria from total recoverable metals to dissolved metals.

History

SOURCE: Final Rulemaking published at 41 DCR 1075, 1088 (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 49 DCR 4854(May 24, 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 9119, 9146-9150 (October 1, 2010); as amended by Final Rulemaking published at 72 DCR 002805 (March 14, 2025).
EDITOR'S NOTE: Prior to March 4, 1994, the Department of Consumer and Regulatory Affairs published Final Rulemaking at 32 DCR 7690 (December 27, 1985). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1105

21 DCMR § 1106 SITE-SPECIFIC STANDARDS

1106.1 If requested, the Director may allow a person to conduct a site-specific study to change the numerical criteria when at least one (1) of the following conditions exists:

(a) The species, or endangered species, at the site are more or

less sensitive than those included in the national criteria data set; or

(b) Physical or chemical characteristics of the site alter the

biological availability or toxicity of the chemical.

1106.2 If the criteria in subsection 1104.8 are found to be unsuitable for the District waters based upon the conditions described in subsection 1106.1, when requested to do so, the Director may adopt site-specific criterion for Class C waters, except for mercury and selenium, or for Class D waters, only when a site-specific study necessitates.

1106.3 When requested to do so, based upon the conditions described in subsection 1106.1 and, if warranted, the Director shall allow site-specific studies to generate scientific information regarding:

(a) The Water Effect Ratio for metals specific to the District waters;

(b) The sensitivities of the aquatic organisms prevalent in the District;

Any other compelling factors that merit consideration for changing the numerical standards in subsection 1104.8.

1106.4 A person or persons planning to conduct a site-specific study shall submit a complete plan of study to the Director for approval, and the site-specific study shall be carried out only after the Director approves the study in writing, subject to the requirements set forth in this section.

1106.5 The Director shall provide advance notice to all discharge permittees and applicants for discharge permits prior to the initiation of any site-specific study.

1106.6 All site-specific studies and adoption of site-specific criteria shall be subject to the following requirements:

(a) Once the Director has approved the study, it shall be concluded in accordance with the approved plan;

(b) A person or persons conducting a site-specific study subject to subsection 1106.3 shall submit to the Director for review and approval all data, analyses, findings, reports, and other information the Director deems necessary;

(c) The Director shall seek review of the findings of the site-specific studies and other relevant information by the public, as well as by appropriate local and federal government agencies and consider their concerns before adopting any less stringent site-specific criterion based on those findings; and

(d) If the study concludes that a more stringent criterion is needed for Class C or D waters than provided in subsection 1104.8, then the Director shall modify the standards to reflect the more stringent level of protection.

1106.7 If a study is conducted to determine the Water Effect Ratio (WER) for metals and the criteria are in the dissolved form, the WER must be based on the dissolved fraction of the metals. If the study is conducted to determine the WER for metals and the criteria are in the total recoverable form, the WER must be based on the total recoverable fraction of the metals. If WERs are to be developed, EPA guidance Interim Guidance on Determination and Use of Water Effect Ratios for Metals, EPA-823-B-94-001, February 1994, shall be used and at a minimum, the following conditions shall be met unless the Director approves a deviation or alternate method:

(a) If a WER study concludes that an existing criterion is not stringent enough, then the criterion shall be made more stringent;

(b) At least two (2) sensitive indicator species, a fish and at least one (1) invertebrate, shall be used to determine toxicity in laboratory water and water collected from the site;

(d) Water samples collected from the site shall be representative of critical low flow. A minimum of eight (8) samples per location per season shall be evaluated;

(e) Samples shall be taken at the edge of the mixing zone unless multiple discharges are involved. At least one (1) sample shall be reasonably well mixed with the flow of the receiving water, or the sample shall be well outside the regulatory mixing zone;

(f) Laboratory water shall be the same as the water used by EPA and adjusted for site water characteristics and hardness;

(g) The trace metal shall be added in the form of a highly soluble inorganic salt;

(h) The chemical and physical characteristics, both dissolved and total recoverable metal concentrations, hardness, pH, alkalinity, suspended solids, organic carbon, temperature, and specific metal binding ligands (where known to be important), and any other water quality characteristic that affects bioavailability and toxicity of the water should be monitored during the toxicity tests;

(i) A WER that is large or that is based on highly variable tests may be rejected;

(j) The WER shall be the geometric mean of the two (2) species; and

(k) All chemical, biochemical, biological, and other appropriate analyses shall be conducted using EPA-approved methods.

1106.8 If a site-specific study is conducted to determine the Class D Human Health Criteria and related human health effects, at a minimum, the study shall incorporate the following information:

(a) Bioconcentration factors of the substances in the commonly consumed fish in the District;

(b) Percent lipids in the commonly consumed fish in the District; and

1106.9 The determination of subsection 1106.8 (a) and (b) shall be made using EPA-approved methods.

1106.10 The criteria, based upon a site-specific study and information collected through the study, shall be calculated using relations developed by EPA Technical Support Document for Water Quality-Based Toxics Control, EPA-505-2-90-001, March 1991, minus the component for drinking water, as follows:

(a) For noncarcinogens:

NEW CRITERIA = (RfD x WT)/(FC x L x FM x BCF)

where RfD is the reference dose from the EPA Integrated Risk Information System (IRIS) database, WT is seventy (70) kilograms, FC is the daily fish consumption by the exposed population in kilograms per day, L is the ratio of lipid fraction of fish tissue consumed to three percent (3%), FM is the food chain multiplier and BCF is the bioconcentration factor for fish with three percent (3%) lipid.

(b) For carcinogens:

NEW CRITERIA = (RL x WT)/(q1* x FC x L x FM x BCF)

where WT, FC, L, FM, and BCF are as stated above; RL is 10-6 and q1* is the carcinogenic potency factor from the EPA IRIS database.

1106.11 If the effluent limitation for a metal in a discharge permit is specified as "total recoverable", and the criterion for it in subsection 1104.8 is specified as "dissolved", either of the following two (2) approaches based on The Metals Translator: Guidance for Calculating a Total Recoverable Permit Limit From a Dissolved Criterion, EPA-823-B-96-007, June 1996, may be used, subject to prior review and approval by the Director:

(a) The criterion may be used as total recoverable for the purpose of establishing effluent limitations; or

(b) A site-specific ratio between the dissolved and total recoverable metal may be developed by systematic monitoring and analysis of the effluent and of the receiving water at the edge of the mixing zone during periods that reflect the environmental conditions upon which the permit was issued. This ratio shall incorporate considerations to avoid toxicity to aquatic organisms from deposition to the sediment outside of the mixing zone. The ratio of dissolved to total recoverable metal shall then be used to determine the total recoverable effluent limits based on the dissolved metal criterion.

1106.12 The Director may establish additional requirements for adopting site-specific water quality standards.

History

SOURCE: Final Rulemaking published at 41 DCR 1075, 1091 (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, 9150-9154 (October 1, 2010).
EDITOR'S NOTE: Prior to March 4, 1994, the Department of Consumer and Regulatory Affairs published at Final Rulemaking at 32 DCR 7690 (December 27, 1985).

21 DCMR § 1107 [RESERVED]

21 DCMR § 1108 RIVERS

1108.1 Except as otherwise provided in this section, primary contact recreation shall be prohibited in the Potomac and Anacostia Rivers and Rock Creek until such time as the standards in § 1104.8 for Class A beneficial use are consistently maintained.

1108.2 The Director may authorize a special swimming event in the Potomac or Anacostia River if:

A study conducted by the special swimming event organizer in accordance with § 1108.3 shows:

E. coli does not exceed a single sample value of 410 MPN/100 mL;

Turbidity does not exceed 20 NTU above ambient turbidity as determined by DOEE; and

pH is greater than 6.0 and less than 8.5; and

(b) All other provisions of this section have been satisfied.

1108.3 The study required by § 1108.2 shall be conducted as follows:

(a) At least twenty-eight (28) days before collecting samples, the special swimming event organizer shall submit to the District Department of the Environment (the Department) for review and approval a quality assurance project plan (QAPP) that shall be prepared and implemented by a qualified professional environmental monitoring firm in accordance with:

(1) “EPA Requirements for Quality Management Plans (QA/R-2),” (EPA/240/B-01/002, March 2001 or subsequently issued guidance); or

(2) Equivalent documentation as determined by the United States Environmental Protection Agency (US EPA);

(b) Samples shall not be collected before the QAPP is approved;

(d) Samples for Escherichia coli (E. coli), pH, and turbidity shall be collected and analyzed according to US EPA regulation 40 CFR Part 136;

(e) The qualifications of each person undertaking the sample collection and analysis for the special swimming event organizer shall be subject to the Department's review, for verification that the person meets minimum technical background and experience requirements; and

(f) The laboratory conducting the sample analysis shall:

(1) Be capable of providing complete environmental analytical services, consistent with US EPA protocols, and according to a Laboratory Quality Management Plan; and

(2) Be accredited or certified to perform the analysis, including the specific methods identified in the QAPP.

1108.4 The study and report of the sample analysis shall be submitted to the Department at least forty-eight (48) hours before a scheduled special swimming event.

1108.5 Failure to submit the study and report by the deadline will result in the Director's denial of authorization for the special swimming event.

1108.6 The study and report shall include:

(a) Each completed chain of custody form and lab report;

(b) An assessment of whether the water quality criteria specified in § 1108.2 have been attained; and

(1) Rainfall;

(2) Upstream sewage or chemical releases; and

(3) Other environmental conditions that may affect the water quality.

1108.7 The Director shall not authorize a swim event in the Potomac or Anacostia River if the results of the study or the Director's independent investigation indicate:

(a) The water quality criteria specified in § 1108.2 are not attained;

(b) An emergency health or physical hazard caused by a hazardous pollutant or condition has occurred;

(1) Combined sewer overflow;

(2) Failing sewer infrastructure;

(3) Chemical release; or

(4) Wastewater treatment discharge; or

(d) Any other circumstance that the Director finds may endanger the health or safety of event participants.

1108.8 At least twenty-eight (28) days before a special swimming event, the special swimming event organizer shall submit to the Director verification that a Certificate of Insurance, or other proof of coverage, that has been signed by an authorized representative of the insurer, has been provided to each appropriate permitting agency.

1108.9 The Director shall not authorize the special swimming event unless the verification is submitted to the Director in the time required by § 1108.8.

1108.10 The special swimming event organizer’s verification shall state in writing that:

(a) The special swimming event organizer has obtained the following coverage for the event period, and the amount of coverage, if any, for each of the following:

(1) Comprehensive coverage;

(2) Bodily injury liability coverage;

(3) If the owner of a vehicle, including a boat, liability coverage for use of the vehicle;

(4) Workers' compensation insurance; and

(5) Coverage of the District as an additional insured;

(b) Each insurance policy is written with a responsible company licensed by the District; and

(c) Each insurance policy provides for at least twenty-eight (28) days’ written notice to the District prior to termination or material alteration.

1108.11 If an approval required by this section is denied, canceled, not renewed, or materially altered, a special swimming event organizer shall:

(a) Notify the Director immediately by phone and email; and

(b) Confirm to the Director by letter and fax within twenty-four (24) hours.

1108.12 Upon receiving notice of a material change in a required approval, the Director may rescind authorization for the special swimming event.

1108.13 As a condition of event authorization, the special swimming event organizer shall secure from each employee, contractor, and volunteer of the special swimming event organization and from each participant a signed, Department-approved statement that expressly:

(a) Assumes the risk of event participation; and

(b) Waives liability of the District Government, its officers, employees, and agents for any damage or injury arising out of the person’s participation in the event.

1108.14 The special swimming event organizer shall take each step which:

(a) The Director deems necessary to ensure that the requirements of this section are satisfied; and

(b) Shall include presenting each required report or form to the Director within twenty-eight (28) days after the event.

1108.15 The special swimming event organizer shall pay a fee of one thousand dollars ($1,000) per event for the costs the Department incurs, including review and approval or denial of the QAPP and other submittals.

1108.16 Payment of the fee shall:

(a) Occur by the time the application is submitted; and

(b) Be a precondition for review of the QAPP, related studies, and other submittals.

1108.17 The special swimming event organizer shall provide to the Director at least seven (7) days in advance of the special swimming event documentation showing:

(a) Coordination with each relevant public safety agency; and

(b) A contingency plan for the special swimming event in the circumstance that either the Director or the special swimming event organizer determines that swimming would not be safe.

1108.18 The special swimming event organizer shall provide to the Director within fifty-six (56) days (eight weeks) after the special swimming event a report of:

(a) Each recorded incident from each relevant public safety agency;

(b) Each medical issue or incident involving an on-site first aid facility;

(d) Sampling of each event day’s water at the event site, and the subsequent testing of each sample.

1108.19 With respect to this section, 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), in accordance with 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. & 2011 Supp.)), as amended, and OAH’s rules.

1108.20 The following general rules apply to this section:

(a) A person who is regulated pursuant to this section may empower an agent to act for that person; however, empowering an agent does not change or eliminate that person’s duty, responsibility, or liability; and

(b) The special swimming event organizer shall, if not a natural person, be represented by an officer, chief executive, or other responsible natural person, who shall:

(1) Sign and certify each application and report; and

(2) Take responsibility for the duties and conduct of the special swimming event organizer.

History

SOURCE: Final Rulemaking published at 59 DCR 9470, 9471 (August 10, 2012); as amended by Final Rulemaking published at 65 DCR 8041 (August 3, 2018); as amended by Final Rulemaking published at 69 DCR 005232 (May 13, 2022). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1108

21 DCMR § 1109 [RESERVED]

21 DCMR § 1110 [RESERVED]

21 DCMR § 1111 [RESERVED]

21 DCMR § 1112 [RESERVED]

21 DCMR § 1113 [RESERVED]

21 DCMR § 1114 [RESERVED]

21 DCMR § 1115 [RESERVED]

21 DCMR § 1116 [RESERVED]

21 DCMR § 1117 [RESERVED]

21 DCMR § 1118 [RESERVED]

21 DCMR § 1119 [RESERVED]

21 DCMR § 1120 [RESERVED]

21 DCMR § 1121 [RESERVED]

21 DCMR § 1122 [RESERVED]

21 DCMR § 1123 [RESERVED]

21 DCMR § 1124 [RESERVED]

21 DCMR § 1125 [RESERVED]

21 DCMR § 1126 [RESERVED]

21 DCMR § 1127 [RESERVED]

21 DCMR § 1128 [RESERVED]

21 DCMR § 1129 [RESERVED]

21 DCMR § 1130 [RESERVED]

21 DCMR § 1131 [RESERVED]

21 DCMR § 1132 [RESERVED]

21 DCMR § 1133 [RESERVED]

21 DCMR § 1134 [RESERVED]

21 DCMR § 1135 [RESERVED]

21 DCMR § 1136 [RESERVED]

21 DCMR § 1137 [RESERVED]

21 DCMR § 1138 [RESERVED]

21 DCMR § 1139 [RESERVED]

21 DCMR § 1140 [RESERVED]

21 DCMR § 1141 [RESERVED]

21 DCMR § 1142 [RESERVED]

21 DCMR § 1143 [RESERVED]

21 DCMR § 1144 [RESERVED]

21 DCMR § 1145 [RESERVED]

21 DCMR § 1146 [RESERVED]

21 DCMR § 1147 [RESERVED]

21 DCMR § 1148 [RESERVED]

21 DCMR § 1149 [RESERVED]

21 DCMR § 1150 GROUND WATER

1150.1 Sections 1150 through 1158 shall describe the following categories:

(a) Classes of ground water within the District;

(b) Establish criteria to protect the designated uses;

(d) Provide ground water monitoring requirements.

1150.2 Ground water in the District is not currently being used as a potable water source; however, where attainable, it shall be protected for beneficial uses, including surface water recharge, drinking water in other jurisdictions, and potential future use as a raw drinking water source in the District. Ground waters shall be protected from pollution because the lack of this protection might result in the following:

(a) Large future cleanup costs of contaminated ground water;

(b) Contaminated ground water becoming a potential health hazard to the public;

(d) Contaminated ground water mixing with and contaminating the ground waters of adjacent jurisdictions; or

(e) Harm to or loss of sensitive flora or fauna.

History

SOURCE: Final Rulemaking published at 40 DCR 4203 (July 2, 1993); renumbered by Final Rulemaking published at 41 DCR 1075 (March 4, 1994).

21 DCMR § 1151 APPLICABILITY OF GROUND WATER STANDARDS

1151.1 The ground water standards and ground water classifications shall apply to all ground waters of the District.

1151.2 Whenever point source ground water pollution occurs, the numerical and enforcement standards of § 1109 shall be applied.

History

SOURCE: Final Rulemaking published at 40 DCR 4203, 4204 (July 2, 1993); renumbered by Final Rulemaking published at 41 DCR 1075 (March 4, 1994).

21 DCMR § 1152 BENEFICIAL USE CLASSES FOR GROUND WATER

1152.1 The following ground waters shall be classified as Class G1 if they are of drinking water quality:

(a) Ground waters that are highly vulnerable to contamination;

(b) Ground waters in recharge areas of drinking water aquifers of adjacent jurisdictions;

(c) Ground waters that are hydrologically connected to surface waters of the District including designated antidegradation segments; and

(d) Ground waters that discharge to a sensitive ecological system that supports a unique habitat.

1152.2 The following ground waters shall be classified as Class G2:

(a) Ground waters that are of drinking water quality but are not classified as G1;

(b) Ground waters in recharge areas of drinking water aquifers of adjacent jurisdictions but are not drinking water quality;

(c) Ground waters that are hydrologically connected to surface waters of the District including designated antidegradation segments but are not of drinking water quality; and

(d) Ground waters that are not of drinking water quality but can be made suitable for drinking water by conventional treatment processes.

1152.3 Class G3 ground waters shall be those that can neither be grouped under Class G1 nor under Class G2.

1152.4 In order to adequately maintain and preserve ground water quality within the District, where land use is affecting or has the potential to affect ground water quality, the Director, Department of Consumer and Regulatory Affairs, shall identify areas that are highly vulnerable to ground water contamination. Class G1, G2, G3 ground water shall then be designated as ground water vulnerable to ground water contamination.

History

SOURCE: Final Rulemaking published at 40 DCR 4203, 4204 (July 2, 1993); renumbered by Final Rulemaking published at 41 DCR 1075 (March 4, 1994).

21 DCMR § 1153 [RESERVED]

21 DCMR § 1154 GROUND WATER CLASSIFICATION

1154.1 All ground waters shall be classified as Class G1 until enough information that warrants a different classification is provided to or obtained by the Director and evaluated.

History

SOURCE: Final Rulemaking published at 40 DCR 4203, 4205 (July 2, 1993); renumbered by Final Rulemaking published at 41 DCR 1075 (March 4, 1994).

21 DCMR § 1155 GROUND WATER STANDARDS

1155.1 For the protection of the designated use of the ground water and the hydrologically connected water bodies, narrative and numerical criteria, enforcement standards and early warning values for each ground water class shall be provided in this section in order to establish upper contaminant levels that shall not be exceeded.

1155.2 The following narrative criteria shall apply to all ground waters of the District:

(a) All ground waters shall at all places and at all times be free from pollution in the form of oil, carcinogens, toxicants, and other substances in concentrations which might present a health hazard or render the ground water unusable; and

(b) All ground waters shall at all places and at all times be free from domestic, industrial, agricultural, or other man-induced non-thermal components of discharges in concentrations which, alone or in combination with other substances or components of discharges:

(1) Are harmful to plants, animals or other organisms;

(2) Are carcinogenic, mutagenic, teratogenic, or toxic in toxic amounts to human beings;

(3) Are acutely toxic to biological species of the aquatic community within surface waters affected by the ground water at the point of contact with surface waters;

(4) Pose a serious danger to the public health, safety or welfare;

(6) Create or constitute a nuisance; or

(7) Impair the reasonable and beneficial use of adjacent waters within and outside the District.

1155.3 Numerical criteria for Class G1 ground waters shall be the most restrictive and are as follows:

Constituent

Criterion

Early Warning Value

Trace Metals & Inorganics (maximum mg/L unless noted otherwise)

Primary

Arsenic

0.01

0.002 **

Barium

1.0

0.2 **

Cadmium

0.005

0.002 **

Chromium, hexavalent

0.1

0.01 **

Chromium, trivalent

0.1

0.01 **

Cyanide, free

0.2

0.04 **

Fluoride

4.0

0.4 **

Lead

0.05

0.01 **

Mercury

0.002

0.0005 ‡

Nitrates

10.0

2.0 **

Nitrite

1.0

0.5 *

Selenium

0.05

0.002 **

Silver

0.05

Secondary

Turbidity (NTU)

5.0

Chloride

250.0

125.0 *

Copper

1.0

0.5 *

Iron

0.3

0.15 *

Manganese

0.05

0.025 *

Sulfate

250.0

125.0 *

Total dissolved solids

500.0

250.0 *

Zinc

5.0

2.5 *

Organics (maximum µg/L)

Benzene

5.0

2.0 +

Carbon tetrachloride

5.0

1.0 +

Dichlorobenzene (para)

75.0

2.0 +

Dichloroethylene (1,1-)

7.0

1.0 +

Dichloroethylene (cis-1,2-)

70.0

1.0 +

Dichloroethylene (trans-1,2)

100.0

1.0 +

Endrin

0.2

0.1 +

Ethylbenzene

700.0

2.0 +

Hexachlorocyclohexane (Lindane)

4.0

0.2 +

Methoxychlor

100.0

2.0 +

1,1,1-Trichloroethane

200.0

5.0 +

1.2-Dichloroethane

5.0

0.5 +

Tetrachloroethylene

5.0

0.5 +

Toluene

1,000.0

2.0 +

Total Trihalomethanes

100.0

0.5 +

Toxaphene

5.0

2.0 +

Trichloroethylene

5.0

1.0 +

2,4-D

100.0

10.0 +

2,4,5-TP Silvex

10.0

2.0 +

Vinyl chloride

2.0

2.0 +

Xylenes

10,000.0

5.0 +

Radionuclides (maximum activity, pCi/L)

Combined Radium-226 & Radium-228

5.0

1.0 **

Gross alpha particle activity

15.0

3.0 **

Gross beta particle activity

50.0

10.0 **

Microbiological (maximum organisms/ml)

Fecal Coliform

1.0

Acidity (allowable range, standard units)

6.5 to 8.5

Notes:

**: Early Warning Value is 20% of criterion.

*: Early Warning Value is 50% of criterion.

+: Early Warning Value for synthetic chemicals that have no natural source is at the practical quantitation limit.

‡: The detection limit and minimum level of quantitation using EPA Method 1631.E, usually are dependent on the level of interferences rather than instrument limitations. The method detection limit (MDL; 40 CFR 136, Appendix B) for mercury has been determined to be 0.2 nanogram per liter (ng/L) when no interferences are present. The minimum level of quantitation (ML) has been established as 0.5 ng/L. An MDL as low as 0.05 ng/L can be achieved for low mercury samples by using a larger sample volume, a lower bromium chloride level (0.2%), and extra caution in sample handling (EPA Method 1631.E, Mercury in Water by Oxidation, Purge and Trap, and Cold Vapor Atomic Fluorescence Spectrometry EPA-821-R-02-019 dated August 2002 at https://www.epa.gov/sites/default/files/2015-08/documents/method_1631e_2002.pdf).

NA: Not Applicable.

1155.4 For the purposes of §§ 1150 through 1158 of this chapter, the enforcement standard shall be the value assigned to any contaminant, which if exceeded, may result in the Director initiating enforcement action.

1155.5 Except as specified in § 1155.6, the enforcement standards shall be established based on the following:

(a) For Class G1, where a criterion is established, the enforcement standard shall be the criterion if the criterion is not exceeded in the background water quality;

(b) For Class G1, if a criterion is established and exceeded in the background water quality, the enforcement standard shall be the background concentration;

(c) When a criterion is not established for a Class G1 ground water, the enforcement standard shall be based on the best available scientific knowledge including, but not limited to, the background water quality, the use of U.S. Environmental Protection Agency water quality criteria and Health Advisories, other states water quality criteria, and risk assessment calculations. The value utilized will depend on technological and economic factors;

(d) When a specific activity which does or may contaminate ground water is being regulated by the Director and a criterion is not established, the enforcement standard may be established by the Director through, but not limited to, a waste discharge permit or other permit, order or a memorandum of understanding with other regulating agencies; and

(e) For a Class G2 or Class G3 ground water, the enforcement standard shall be based on the best available scientific knowledge including, but not limited to, the background water quality, the use of U.S. Environmental Protection Agency water quality criteria and Health Advisories, other states water quality criteria, and risk assessment calculations. The value utilized will depend on the class of ground water, and technological and economic factors.

1155.6 A request for variation from the enforcement standards of § 1155.5 for any class of ground water can be made to the Director. The request, by the responsible party, shall be based on both the technological and economic analyses. The responsible party shall demonstrate to the satisfaction of the Director that cleanup to the enforcement standard is both technologically and economically infeasible. The request shall propose an alternate cleanup level.

1155.7 Early Warning Values ("EWV") shall be established to protect ground waters from contamination and to avoid costly remediation by providing for early detection of increasing contaminant concentrations before the criteria or enforcement standards are exceeded.

1155.8 EWV's shall be applicable to facilities or activities with a potential to contaminate ground water and which are required to monitor the impact of their activities on ground water quality.

1155.9 Whenever a criterion or an enforcement standard is set above background level, an EWV or trend analysis shall be utilized.

1155.10 Early Warning Values shall be determined by one of the following items:

(a) When the regulated substance is not found in the background water quality or is present in levels lower than the criterion or the enforcement standard then the EWV shall be as follows:

(1) Practical quantitation limit for all synthetic constituents for which no natural source exists;

(2) Twenty percent (20%) of the criterion or enforcement standard for substances of health concern;

(3) Fifty percent (50%) of the criterion or enforcement standard for substances of public welfare concern; or

(4) EWV for specific criteria are according to § 1155.3; or

(b) When the regulated substance is found in the background water quality in a concentration that exceeds the criterion or enforcement standard for that substance, then the EWV shall be set between background and the criterion or enforcement standard in such a way that increasing or decreasing contaminant levels will be detected.

1155.11 If the permittee or responsible party desire, a trend analysis in place of fixed values for EWV's may be used. The trend analysis shall use a scientifically sound and valid statistical procedure appropriate to the discharge and shall provide a ninety-nine percent (99%) level of confidence. The design and implementation of the trend analysis shall be the responsibility of the permittee and shall be approved by the Director. Response levels shall be defined for each trend analysis but at a minimum shall include those levels as defined in § 1155.3.

1155.12 It shall not be considered a violation of §§ 1150 through 1158 of this chapter when pollutants are detected in concentrations exceeding an EWV unless the following occurs:

(a) The pollutant concentrations exceed the numerical criterion of § 1155.3 and the enforcement standards of § 1155.5; and

(b) There is failure to inform the Director or respond as required in § 1155.13.

1155.13 The following procedures shall apply when a substance(s) is detected at the point of compliance and an EWV is attained or exceeded, or a net change in concentration is detected through an approved trend analysis:

(a) The permittee or responsible party shall notify the Director, in writing, within thirty (30) days; and

(b) Upon receiving notification, the Director may require the permittee or responsible party to perform one of the following:

(1) No action;

(2) Resample wells to verify results;

(3) Revise the monitoring plan including increased monitoring; or

(4) Complete a report documenting the extent of contamination, contamination sources and discuss alternative methods of operation.

History

SOURCE: Final Rulemaking published at 40 DCR 4203, 4205 (July 2, 1993); renumbered by Final Rulemaking published at 41 DCR 1075 (March 4, 1994); as amended by Final Rulemaking published at 72 DCR 002805 (March 14, 2025). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1155

21 DCMR § 1156 [RESERVED]

21 DCMR § 1157 GROUND WATER MONITORING FOR POTENTIAL CONTAMINATION

1157.1 Except as specified in § 1157.2, the monitoring requirements shall apply to the owners and operators of landfills, solid waste piles (other than piles of gravel, resident soils and other such material), land spreading disposal facilities, surface impoundments of wastes and solid waste discharge facilities.

1157.2 The monitoring requirements shall not pertain to other programs and activities of the Department of Consumer and Regulatory Affairs already covered by a promulgated rule that has specific monitoring requirements including the federal discharge permits program and Hazardous Waste Management, 20 DCMR 40.

1157.3 All permitted facilities requiring ground water monitoring shall submit for approval, a ground water monitoring program to determine representative background water quality and the quality of the water passing the point of compliance.

1157.4 Background monitoring points shall be located at points where potential sources of ground water contamination from the permitted site will not affect ground water quality.

1157.5 The monitoring program shall include, but not be limited to, the uppermost aquifer and any aquifer in the point of compliance that is hydrologically connected to the surface waters of the District and antidegradation segments and drinking water aquifers of adjacent jurisdictions. At a minimum, the monitoring program shall include the following:

(a) One (1) upgradient well and three (3) downgradient wells installed at appropriate locations and depth to yield ground water samples from the uppermost aquifer and all hydrologically connected aquifers below the active portion of the facility;

(b) All monitoring wells shall be cased to maintain the integrity of the monitoring well bore hole. The casing shall allow collection of representative water samples. The well shall be constructed in such a manner as to prevent contamination of the samples, the sampled strata, water bearing aquifers and prevent contamination between aquifers;

(d) A quality assurance and quality control plan;

(e) A quarterly sampling frequency for the first two (2) years. If early warning values are not reached or a trend analysis shows no significant contamination, sampling frequency will either be reduced or discontinued on approval of the Director; and

(f) Submittal of an annual report of monitoring results not withstanding requirements pursuant to § 1155.12.

1157.6 Monitoring may be required for nonpermitted point and non-point source activities with a potential to contaminate ground water.

History

SOURCE: Final Rulemaking published at 40 DCR 4203, 4210 (July 2, 1993); renumbered by Final Rulemaking published at 41 DCR 1075 (March 4, 1994).

21 DCMR § 1158 ENFORCEMENT

1158.1 This chapter shall be enforced pursuant to the Water Pollution Control Act of 1984, as amended, effective March 16, 1985 (D.C. Law 5-188; D.C. Official Code §§ 8-103.15, 8-103.16, and 8-103.17), and the Water Pollution Enforcement Regulations, (21 DCMR Chapter 22 ).

1158.2 All laboratory examinations of samples collected to determine compliance with these water quality standards shall be performed in accordance the procedures approved by the United States Environmental Protection Agency.

1158.3 All field analyses and measurements of water to determine compliance with these water quality standards shall be conducted in accordance with standard procedures specified by the Director.

1158.4 Nothing in these water quality standards shall be interpreted as alleviating any discharger from meeting more stringent water quality standards of downgradient jurisdictions.

1158.5 DELETED

History

SOURCE: Final Rulemaking published at 40 DCR 4203, 4210 (July 2, 1993); and renumbered by Final Rulemaking published al 41 DCR 1075 (March 4, 1994); as amended by Notice of Final Rulemaking published at 52 DCR 9621(October 28, 2005); as amended by Final Rulemaking published at 59 DCR 9470, 9471 (August 10, 2012).

21 DCMR § 1199 DEFINITIONS

1199.1 When used in this chapter, the following terms shall have the meanings ascribed:

Acute toxic - the concentration of a substance that is lethal to fifty percent (50%) of the test organisms within ninety-six (96) hours, also referred to as the LC50.

Ambient - those conditions existing before or upstream of a source or incidence of pollution.

Anadromous fish - fish that spend most of their lives in saltwater but migrate into freshwater tributaries to spawn.

Aquatic Life - all animal and plant life including, but not limited to, rooted underwater grasses found in the District waters.

Background water quality - the levels of chemical, physical, biological, and radiological constituents or parameters in the water upgradient of a facility, practice, or activity and which have not been affected by that facility, practice, or activity.

Best management practices (BMPs) - schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to the waters of the District. BMPs also include practices found to be the most effective and practical means of preventing or reducing point and non-point source pollution to levels that are compatible with water quality goals.

Contamination - an impairment of water quality by biological, chemical, physical, or radiological materials which lowers the water quality to a degree that creates a potential hazard to the environment or public health or interferes with a designated use.

Criteria - any of the group of physical, chemical, biological, and radiological water quality parameters and the associated numerical concentrations or levels that compose the numerical standards of the water quality standards and that define a component of the quality of the water needed for a designated use.

CCC or Criterion Continuous Concentration - the highest concentration of a pollutant to which aquatic life can be exposed for an extended period of time (four-day (4-day) average) without deleterious effects at a frequency that does not exceed more than once every three (3) years.

CMC or Criterion Maximum Concentration - the highest concentration of a pollutant to which aquatic life can be exposed for a short period of time (one-hour (1-hour) average) without deleterious effects at a frequency that does not exceed more than once every three (3) years.

Consumption of fish and shellfish - the human ingestion of fish and shellfish, that are not chemically contaminated at a level that will cause a significant adverse health impact, caught from the District’s waters.

Current use - the use that is generally and usually attained based upon the water quality in the waterbody.

Department - the District Department of the Environment, or a successor agency.

Designated use - the use specified for the waterbody in these water quality standards whether or not they are being attained.

Director - the Director of the Department, or his or her designee.

Early warning value - a concentration that is a percentage of or practical quantitation limit, for a ground water quality criterion or enforcement standard.

EPA -United States Environmental Protection Agency.

Enforcement standard - the value assigned to a contaminant for the purpose of regulating an activity, which may be the same as the criterion for that contaminant.

Existing use - the use actually attained in the waterbody on or after November 28, 1975.

Federal Clean Water Act - the Water Pollution Control Act, approved October 18, 1972 (86 Stat. 816; 33 U.S.C. § 1251 et seq.), as amended.

Ground water - underground water, excluding water in pipes, tanks, and other containers created or set up by people.

Harmonic mean flow - the number of daily flow measurements divided by the sum of the reciprocals of the flows. It is the reciprocal of the mean of the reciprocals.

High quality waters - waters of a quality that is better than needed to protect fishable and swimmable streams.

Landfill - a disposal facility or part of a facility at which solid waste is permanently placed in or on land and which is not a landspreading facility.

Landspreading disposal facility - a facility that applies sludge or other solid wastes onto the land or incorporates solid waste in the soil surface at greater than vegetative utilization and soil conditioners/immobilization rates.

LC50 or lethal concentration - the numerical limit or concentration of a test material mixed in water that is lethal to fifty percent (50%) of the aquatic organisms exposed to the test material for a period of ninety-six (96) hours.

Load or loading - the total quantity of a pollutant in a given period of time.

Mixing zone - a limited area or a volume of water where initial dilution of a discharge takes place and where numerical water quality criteria may be exceeded but acute toxic conditions are prevented from occurring.

MPN - a statistically derived estimate of the “Most Probable Number” of bacteria colonies in a volume of one hundred milliliters (100 mL) water sample.

Narrative criteria - a condition that should not be attained in a specific medium to maintain a given designated use and that is generally expressed in a "free from" format.

Navigation - the designated use for certain District waters. This designation applies to waters that are subject to the ebb and flow of the tides, or waters that are presently used, may have been used, or may be used for shipping, travel, and transportation of interstate or foreign commerce by vessel.

Nonpoint source - any source from which pollutants are or may be discharged other than a point source.

Nontidal waters - waters in the streams not subject to regular and periodic tidal action.

Numerical criteria - the maximum level of a contaminant, or the minimum level of a constituent, or the acceptable range of a parameter in water to maintain a given designated use.

Permit or permitted - a written authorization issued or certified by the Director under pertinent laws and regulations for an activity, facility, or entity to discharge, treat, store, or dispose of materials or wastes.

Point of compliance - the point or points where the water quality enforcement standard or criterion must not be exceeded.

Point source - any discrete source of quantifiable pollutants, including a municipal treatment facility discharge, residential, commercial or industrial waste discharge, a combined sewer overflow; or any discernible, confined, and discrete conveyance, including any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, or concentrated animal feeding operation from which contaminants are or may be discharged.

Pollution - the man-made or man-induced alteration of the chemical, physical, biological, or radiological integrity of water.

Pollutant - any substance that may alter or interfere with the restoration or maintenance of the chemical, physical, radiological, or biological integrity of the waters of the District, including dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, hazardous wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, oil, gasoline and related petroleum products, and industrial, municipal, and agricultural wastes.

Practical quantitation limit - the lowest concentration of a substance that generally can be determined by qualified laboratories within specified limits of precision and accuracy under routine laboratory operating conditions in the matrix of concern.

Primary contact recreation - those water contact sports or activities that result in frequent whole body immersion or involve significant risks of ingestion of the water. (Class A)

Responsible party - any person who has caused or is causing pollution or has created or is creating a condition from which pollution is likely to occur.

Secondary contact recreation - those water contact sports or activities that seldom result in whole body immersion or do not involve significant risks of ingestion of the water. (Class B)

Semi-anadromous fish - fish that spend most of their lives in tidally influenced low to medium salinity waters but migrate into freshwater tributaries to spawn.

Short term degradation - the period during which the waterbody may be degraded based on the nature of the pollutant and the degree of its environmental or human health impact, as determined by the Director on a case-by-case basis.

Solid waste - all putrescible and non-putrescible solid and semisolid wastes, including garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities. This term also includes all liquid, solid, and semisolid materials that are not the primary products of public, private, industrial or commercial mining, and agricultural operations.

Special swimming event – A single-day event requiring full body contact in water in which swimming is generally prohibited, including a triathlon swimming leg, a group plunge, or a swim meet, and, if any, a companion preceding single-day practice event.

Special swimming event organization – An organization, business, government agency, or other entity which organizes and sponsors a special swimming event.

Special swimming event organizer – The special swimming event organization principally responsible for staging the special swimming event.

Standards - those regulations, in the form of numerical, narrative, or enforcement standards, that specify a level of quality of the waters of the District necessary to sustain the designated uses.

Surface impoundment - a facility or part of a facility that is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), and that is designed to hold an accumulation of liquids or sludge.

Surface waters - all rivers, lakes, ponds, wetlands, inland waters, streams, and all other water and water courses within the jurisdiction of the District of Columbia.

Tidally influenced waters - surface waters within the Potomac River, the Anacostia River and all embayments and tributaries to these rivers under the influence of tidal exchange.

Toxic substance - any substance or combination of substances that, after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, may cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions in reproduction), or physical deformities, in the organism or its offspring.

Trend analysis - a statistical methodology used to detect net changes or trends in contaminant levels over time.

Water Effect Ratio or WER - the ratio of the site water LC50 value to the laboratory water LC50 value.

Waters of the District or District waters - flowing and still bodies of water, whether artificial or natural, whether underground or on land, so long as in the District of Columbia, but excludes water on private property prevented from reaching underground or land watercourses, and also excludes water in closed collection or distribution systems.

Wetland - a marsh, swamp, bog, or other area periodically inundated by tides or having saturated soil conditions for prolonged periods of time and capable of supporting aquatic vegetation.

Wildlife - all animal life whether indigenous or migratory regardless of life stage including, but not limited to, birds, anadromous and semi-anadromous fish, shellfish, and mammals including sensitive species, that are found in or use the District waters.

1199.2 When used in this chapter, the following abbreviations shall have the meaning ascribed:

ºC - degrees centigrade

CaCO3 - Calcium Carbonate

CF - Conversion Factor

ln - natural logarithm

m - meter

mg/L - milligrams per liter

μg/L - microgram per liter

mg N/L - milligrams of Nitrogen per liter

mL - milliliter

MPN - Most Probable Number

NPDES - National Pollutant Discharge Elimination System

NTU - nephelometric turbidity units

WQS - water quality standards

US EPA – United States Environmental Protection Agency.

History

SOURCE: Final Rulemaking published at 32 DCR 7690, 7597 (December 27, 1985): as amended by Final Rulemaking published at 40 DCR 4212 (July 2, 1993); and by Final Rulemaking publishing by 41 DCR 1075, 1095 (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 49 DCR 4854(May 24, 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, 9154-9160 (October 1, 2010); as amended by Final Rulemaking published at 59 DCR 9470, 9476 (August 10, 2012). 1 7

21-13 WATER QUALITY RESEARCH GRANT REGULATIONS

21 DCMR § 1300 PURPOSE AND SCOPE

1300.1 This chapter shall establish the procedures for issuing grants to universities and institutions pursuant to §13 of D.C. Law 5-188, the "Water Pollution Control Act of 1984."

1300.2 This chapter shall exclude commercial companies which operate on a profit basis. The Director may give preference to District of Columbia based universities and institutions.

1300.3 The Director of the Department of Consumer and Regulatory Affairs (DCRA) may issue grants to universities and institutions for research, investigations or studies in the following areas:

(a) Water quality surveys and assessments; and

(b) Living aquatic resources, including fish, shellfish and aquatic vegetation.

1300.4 The Director of the Department of Public Works (DPW) may issue grants to universities and institutions for research, investigations or studies in the following areas:

(a) Operation and maintenance of water and sewer systems;

(b) Wastewater treatment;

(d) Construction and monitoring of public facilities designed to improve water quality.

1300.5 The Director of DCRA shall maintain a list of universities and institutions which have expertise in the areas identified in § 1300.3.

1300.6 The Director of DPW shall maintain a list of universities and institutions which have expertise in the areas identified in §1300.4.

1300.7 The Director of DCRA or the Director of DPW may give written notice of the availability of grant funds directly to the institutions, or by publication in local papers. The notification shall include the following:

(a) A brief description of the project or projects for which funds may be available;

(b) The estimated total funds available;

(d) A statement concerning the source of funds;

(e) An address within the appropriate Department where detailed information may be obtained; and

(f) The estimated time of availability of the funds.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is §13 of the Water Pollution Control Act of 1984, D.C. Law 5-188, D.C. Code §6-932 (1995 Repl. Vol.), and Mayor's Order No. 87-278 dated December 11, 1987.
SOURCE: Final Rulemaking published at 35 DCR 3528 (May 13, 1988).

21 DCMR § 1301 PRELIMINARY GRANT PROPOSAL AND APPLICATION PROCEDURES FOR THE DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS

1301.1 Any university or institution wishing to perform the solicited work shall submit a preliminary proposal for a grant. The preliminary proposal shall include the following:

(a) The name of the university or institution submitting the preliminary proposal;

(b) The name and resume of the principal investigator;

(d) The estimated total funding requested.

1301.2 The Director of DCRA shall review the preliminary proposal, and make an initial selection of those to be considered for funding, and request the submission of an application.

1301.3 An application for a grant shall consist of the following:

(a) A request for a grant for the proposed work, signed by the principal investigator and the head of the institution or his or her representative;

(b) A complete proposal for which the grant is sought;

(d) The Equal Employment Opportunity (EEO) certification by the institution, if requested by the Director of DCRA.

1301.4 The complete proposal for the grant shall include the following:

(a) The names and resumes of all investigators to be involved in the project;

(b) A detailed work plan;

(d) A work schedule;

(e) Details of the involvement of subcontractors;

(f) Detailed budget estimate including personnel, equipment, supplies, travel, contractual and indirect costs;

(g) A payment schedule;

(h) A signed concurrence from the university;

(i) The name and address to which payments shall be made;

(j) The type of technical or personnel assistance that the grantee will require from DCRA; and

(k) The period for which the proposal is valid.

History

SOURCE: Final Rulemaking published at 35 DCR 3528, 3529 (May 13, 1988).

21 DCMR § 1302 GRANT APPLICATION PROCEDURES FOR THE DEPARTMENT OF PUBLIC WORKS

1302.1 Any institution wishing to be considered for a grant shall submit a written application for each grant. The application shall include the following:

(a) The name of the project;

(b) The name of the institution;

(d) The names and resumes of the principal and assistant investigators or researchers, listing the qualifying education and experience of each;

(e) The type of technical or personnel assistance that the grantee will require from DPW;

(f) The name and qualifying education and experience of any subcontractors to be used;

(g) A detailed budget estimate of all direct and indirect costs associated with the grant; and

(h) A proposed payment schedule.

History

SOURCE: Final Rulemaking published at 35 DCR 3528, 3530 (May 13, 1988).

21 DCMR § 1303 GRANT AWARD

1303.1 The procedure for awarding grants shall be applicable to both DCRA and DPW. The Director of the appropriate Department shall review the applications and make a determination of those to be funded based upon the following criteria:

(a) Availability of funds;

(b) Completeness of the application and responsiveness to the grant notice;

(d) Reasonableness of the costs;

(e) Expertise to perform the work;

(f) Whether the university or institution is District based;

(g) Submission of all required documents in a timely manner;

(h) Any federal requirements associated with the funds; and

(i) Other factors, as identified in writing by the Director of the appropriate Department prior to grant award.

1303.2 All grants shall be made pursuant to a written agreement. The Director shall send a grant agreement to the designated representative of the institution. The agreement shall contain the following:

(a) The purpose of the project;

(b) The amount of the grant award;

(c) The term of the project and any conditions, statutes, rules or regulations with which the grant recipient must comply;

(d) The scope of work for the grant, a description of all deliverables required under the grant, and a schedule specifying when all deliverables are to be provided to the Department;

(e) The name of the grant administrator for the appropriate Department and the name of the agent for the grant recipient;

(f) The names of all personnel assigned to perform the work required by the grant agreement, including the names of the subcontractor's employees;

(g) A payment schedule; and

(h) The address to which all written communications from the Department to the grant recipient may be sent, including, but not limited to, the periodic payments due under the grant.

1303.3 The Director may consider unsolicited proposals, but may give preference to solicited proposals for grant award.

History

SOURCE: Final Rulemaking published at 35 DCR 3528, 3531 (May 13, 1988).

21 DCMR § 1304 ADMINISTRATION

1304.1 Payment of more than eighty percent (80%) of the grant amount shall not be approved until all deliverables required under the grant are received and approved by the Director of the appropriate Department.

1304.2 The Director of either Department may terminate a grant or any of the following reasons:

(a) Inability of the grant recipient to perform the work as stipulated in the scope of work, in a manner acceptable to the Director;

(b) Failure to provide or meet quality assurance in the laboratory, if laboratory services are required for the project;

(d) Failure to provide interim or final deliverables;

(e) Failure to obtain approval of the Director prior to changing the principal investigator;

(f) Request by the university or institution to rescind the grant; or

(g) Any other reasons specified in the grant agreement.

1304.3 The Director of the appropriate Department shall inform the grantee of the grant termination at least thirty (30) days prior to the date of termination.

1304.4 The university or institution shall inform the appropriate Director of the decision to terminate the grant at least thirty (30) days prior to the date of termination.

1304.5 The Director of the appropriate Department may authorize the grant, recipient to publish data obtained pursuant to the grant in accordance with the interests of the District government.

1304.6 The Director of either Department may inspect any facility used to carry out the requirements of the grant.

1304.7 The grant recipient shall make all records available to the appropriate Director for audit by the Department, the District. and federal officials as deemed necessary.

1304.8 All records shall be retained for a period of at least three (3) years following final close-out of the grant, or for the period specified in the grant agreement, whichever is longer.

1304.9 The Directors of DCRA and DPW shall retain the right to approve or reject any work performed by a subcontractor of the grantee for the appropriate grant award.

History

SOURCE: Final Rulemaking published at 35 DCR 3528, 3532 (May 13, 1988).

21 DCMR § 1399 DEFINITIONS

1399.1 When used in this chapter, the following words and phrases shall have the meanings ascribed:

Deliverables - any products, services and other items specified at the time of the grant award.

Department - the Department of Consumer and Regulatory Affairs and the Department of Public Works, unless otherwise stated.

Director - the Director of the Department of Consumer and Regulatory Affairs and the Director of the Department of Public Works, unless otherwise stated.

Grant - an award of funds by the Department to a university or institution for deliverables, as defined.

Grant Administrator - the employee designated by the Director to supervise the grant.

Grantee, Grant Recipient or Recipient - the university, institution, or individual representing the university or institution who receives the grant.

Institution - any non-profit entity, intergovernmental organization, or university.

University - any accredited, post secondary educational institution authorized to award advanced degree.

History

SOURCE: Final Rulemaking published at 35 DCR 3528, 3533 (May 13, 1988).

21-14 SUBMERGED AQUATIC VEGETATION REGULATIONS

21 DCMR § 1400 PURPOSE AND SCOPE

1400.1 The purpose of this chapter is to provide for the management of submerged aquatic vegetation. This chapter is promulgated under §4 of D.C. Law 5-188, the Water Pollution Control Act of 1984, D.C. Code §6-923 (1995 Repl. Vol.).

1400.2 If any provision of this chapter, or the application of any provision of this chapter to any person or circumstance, is held invalid in a court of law, the remainder of the rules of this chapter and its application to any other persons or circumstances shall not be affected.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is §4 of the Water Pollution Control Act of 1984, D.C. Law 5-188, D.C. Code §6-923 (1995 Repl. Vol.), Mayor's Order 85-152 dated September 12, 1985.
SOURCE: Final Rulemaking published at 41 DCR 1971 (April 15, 1994).

21 DCMR § 1401 HARVESTING PLAN APPROVAL

1401.1 Every person desiring to harvest, cut or otherwise remove or eradicate submerged aquatic vegetation from any land under the tidal waters of the District below the elevation of mean high tide, shall obtain plan approval from the Director.

1401.2 The plan approval shall be obtained prior to initiation of harvesting, cutting, removing or eradication of submerged aquatic vegetation.

1401.3 Harvesting, cutting, removing or eradication of submerged aquatic vegetation without plan approval shall be prohibited.

History

SOURCE: Final Rulemaking published at 41 DCR 1971 (April 15, 1994).

21 DCMR § 1402 EXEMPTIONS

1402.1 The requirements for obtaining plan approval set forth in §1401.1 shall not apply to any of the following activities:

(a) The harvesting of fish, shellfish or crabs;

(b) Any action requiring approval under §7 of D.C. Law 5-188, D.C. Code §6-926 (1995 Repl. Vol.); or

History

SOURCE: Final Rulemaking published at 41 DCR 1971, 1972 (April 15, 1994).

21 DCMR § 1403 APPLICATION, LETTER OF NOTIFICATION AND PLAN CONTENTS

1403.1 This section prescribes the information which shall be included in a plan submitted for approval. Applications and plans submitted to the Director for approval shall be made on forms provided by the Director.

1403.2 Application forms submitted to the Director shall, at a minimum, contain the following information:

(a) Name and address of the applicant;

(b) Project location, the name of the waterway, and a description of how to reach the site;

(d) Location of off-loading site;

(e) Method and location of disposal;

(f) Name and address of the contractor, if applicable; and

(g) Proposed starting date and dates on which the proposed actions will be undertaken.

1403.3 Each application form shall contain the signature of the applicant certifying that the information provided is accurate.

1403.4 Each plan (diagram) submitted to the Director shall include, but not be limited to, the following information or documentation:

(a) A vicinity map which identifies the relative location of the project site, off-loading site and disposal site;

(b) The area and extent of the proposed harvesting, cutting, or otherwise removing or eradicating of the submerged aquatic vegetation;

(d) Water depths on the project site;

(e) Location of major landside structures (houses and boathouses) and water based structures including buoys, and mooring areas, in the project area;

(f) The names and current mailing addresses of adjoining property owners impacted;

(g) The scale to which the plan is drawn; and

(h) The dates of the drawing or diagrams submitted.

1403.5 An applicant submitting a plan for approval to the Director shall notify property owners who may be affected the proposed action through a letter of notification.

1403.6 A letter of notification shall include the following:

(a) A copy of the application and proposed plan; and

(b) A statement directing the affected property owner(s) to contact the Director for additional information or provide comments concerning the project.

1403.7 A copy of each letter of notification shall accompany the application and plan submitted to the Director.

History

SOURCE: Final Rulemaking published at 41 DCR 1971, 1972 (April 15, 1994).

21 DCMR § 1404 CRITERIA FOR APPROVAL

1404.1 A submerged aquatic vegetation removal plan may be approved by the Director only for projects which are necessary to do the following:

(a) Provide reasonable access to navigable waters;

(b) Provide reasonable opportunities for water-based recreational activities; and

1404.2 A submerged aquatic vegetation removal plan may be approved by the Director only if the following two (2) criteria are met to the Director's satisfaction:

(a) The duration of the proposed project is no longer than is necessary to achieve the purpose intended by this chapter; and

(b) The proposed project is consistent with acceptable natural resources and environmental management practices as determined by the Director.

1404.3 In determining the reasonableness of a plan submitted for approval, the Director may consider the following factors:

(a) The purpose, timing, method and extent of the proposed removal action;

(b) Potential impacts to the living aquatic resources in the project area such as anadromous fish, shellfish, and submerged aquatic vegetation;

(d) The extent of overall benefit from the proposed project; and

(e) The opinions of affected property owners or others.

History

SOURCE: Final Rulemaking published at 41 DCR 1971, 1973 (April 15, 1994).

21 DCMR § 1405 CONDITIONS AND LIMITATIONS

1405.1 The Director may authorize or prohibit the removal or eradication of any species of submerged aquatic vegetation or combination thereof for any purpose, including facilitation of boating access, except as provided in §1402 of this chapter.

1405.2 The Director, in approving submitted plans, may act to condition or otherwise limit approved plans. Conditions or limitations may be formulated to include, but are not limited to, the following concerns:

(a) Protection of anadromous fish spawning areas between March 1st and July 1st of each year; and

(b) Prescribing the timing, method and extent of removal, in general.

History

SOURCE: Final Rulemaking published at 41 DCR 1971, 1974 (April 15, 1994).

21 DCMR § 1406 TIMEFRAME FOR APPROVALS AND THE REVIEW PROCESS

1406.1 Except as provided in §§1406.2, 1406.3 and 1406.4, the Director shall review all applications and plans and deny, approve or conditionally approve plans within thirty (30) days of receipt of a completed application and plan.

1406.2 In the case of complex or extensive removal projects, the Director may extend the thirty (30) days review period to not more than sixty (60) days from the receipt of a completed application.

1406.3 At the request of the applicant, the Director or other parties, an extension to the initial review period may be granted for a mutually agreed upon duration.

1406.4 If the Director determines that there is reason to perform an environmental assessment or an environmental impact statement, then approval shall be withheld until the environmental review process is completed.

1406.5 Each completed plan shall be reviewed based on the following process:

(a) Applicant completes application package in accordance with instruction sheets;

(b) Upon receipt by the Director, a completed application shall be assigned a case number;

(c) Within ten (10) days of receipt of any application, a letter shall be sent to the applicant acknowledging receipt of the application. The letter shall include notification of whether or not the submitted application is complete. If the application is not complete, the required information will be listed;

(d) The completed application may be sent by the Director to any other state or federal agency, or parties with expertise in related fields, for review; and

(e) A written decision on the denial, conditional approval or approval of the completed application will be sent to the applicant by the Director within thirty (30) days of receipt by the Director of the completed application and plan, unless a review extension period is in effect.

1406.6 Unless otherwise limited, approval of plans shall authorize the applicant to undertake actions for a two (2) year period from the date of approval.

1406.7 Written notification shall be received by the Director no less than thirty (30) days prior to the proposed project commencement date. Written notification shall also reference the assigned case number of the approved plan.

History

SOURCE: Final Rulemaking published at 41 DCR 1971, 1975 (April 15, 1994).

21 DCMR § 1407 HERBICIDES

1407.1 The use of any herbicide or chemical to control submerged aquatic vegetation shall be prohibited unless approved by the Director against aquatic life which is a nuisance.

History

SOURCE: Final Rulemaking published at 41 DCR 1971, 1976 (April 15, 1994).

21 DCMR § 1408 VIOLATIONS

1408.1 Plan approval may be revoked for any violation of this chapter following written notice by the Director setting forth the reasons for revocation.

1408.2 Before an application is denied or revoked the Director shall provide the person an opportunity for a hearing in accordance with the District of Columbia Administrative Procedures Act, D.C. Code §1-1501 et seq. (1992 Repl. Vol.).

History

SOURCE: Final Rulemaking published at 41 DCR 1971, 1976 (April 15, 1994).

21 DCMR § 1499 DEFINITIONS

1499.1 When used in this chapter, the following words and phrases shall have the meanings ascribed:

Applicant - any person submitting a submerged aquatic vegetation removal plan to the Director for approval.

Anadromous fish - a fish that migrate upstream from their primary habitat in the ocean to freshwater in order to spawn.

Director - the Director of the Department of Consumer and Regulatory Affairs or his or her representative.

Harvesting, cutting, removal or eradicating - any method either mechanical, physical, chemical or biological which can be used to remove submerged aquatic vegetation.

Navigable channel - any portions of tidal or nontidal water which are either designated as a channel by navigational aids or which are the deeper part. of a water body where the main current flows and which afford the best passage for vessels.

Person - the federal government, the District, any county, municipal corporation, or other political subdivision or any of their units; an individual, receiver, trustee, guardian, executor, administrator, or representative of any kind; or any partnership, firm, association, public or private corporation or any other entity.

Submerged aquatic vegetation - a vascular or nonvascular hydrophyte, which is rooted in the hydrosoil and lies beneath the surface or the water, except for the flowering parts in some species.

History

SOURCE: Final Rulemaking published at 41 DCR 1971, 1976 (April 15, 1994).

21-15 DISCHARGES TO WASTEWATER SYSTEM

21 DCMR § 1500 GENERAL PROVISIONS

The purpose of this chapter is to provide procedures for complying with the requirements of the Wastewater System Regulation Amendment Act of 1985 (D.C. Law 6-95; D.C. Official Code §§ 8-105.01, et seq. (2008 Repl. & 2011 Supp.)).

These regulations shall apply to all Users that indirectly discharge non-domestic wastewater to the District’s wastewater system or directly discharge domestic or non-domestic wastewater into the District of Columbia Water and Sewer Authority’s Septage Receiving Facility.

These regulations provide for the issuance of wastewater discharge permits; monitoring, compliance, and enforcement activities, reporting;, and administrative review procedures.

The objectives of these regulations are to:

Prevent the introduction of pollutants into the District of Columbia Water and Sewer Authority (WASA) sewerage system that will or may interfere with the operation of the District’s wastewater system;

Prevent the introduction of pollutants into the District’s wastewater system that will or may pass through the District’s wastewater system, inadequately treated, into the Potomac River and its tributaries or otherwise be incompatible with the District’s wastewater system;

Enable WASA to comply with its National Pollutant Discharge Elimination System permit conditions, and any other Federal, State or District law to which WASA is subject to;

Ensure that the quality of the biosolids produced is maintained at a level that allows for beneficial reuse in compliance with applicable statutes and regulations; and

Protect the general public and WASA’s personnel.

Except as otherwise provided herein, the WASA General Manager shall promulgate, administer, implement, and enforce the provisions of these regulations. Any powers granted to or duties imposed upon the General Manager may be delegated to WASA personnel.

History

SOURCE: Final Rulemaking published at 33 DCR 6194 (October 10, 1986); as amended by Final Rulemaking published at 47 DCR 2948 (April 28, 2000); as amended by Notice of Final Rulemaking published at 59 DCR 1021, 1022 (February 10, 2012).

21 DCMR § 1501 DISCHARGE STANDARDS AND SEWER USE REQUIREMENTS

It shall be unlawful to discharge into the wastewater system of the District except in accordance with this chapter.

General Prohibitions. A User shall not introduce into the District’s wastewater system any pollutant which causes pass through or interference. These general prohibitions and the specific prohibitions in § 1501.4 apply to any User introducing pollutants into the District’s wastewater system whether or not the User is subject to National Pretreatment Standards or National, State, District or local pretreatment standards or requirements.

Affirmative Defenses. A User shall have an affirmative defense in any action brought against it alleging a violation of the general prohibitions established in § 1501.2 and the specific prohibitions in § 1501.4(c)-(g) where the User can demonstrate that:

(a) It did not know or have reason to know that its discharge, alone or in conjunction with a discharge or discharges from other sources, would cause pass through or interference; and

(b) One (1) of the following conditions:

A local limit designed to prevent pass through and/or interference, as the case may be, was developed in accordance with paragraph 40 C.F.R. § 403.5(c) for each pollutant in the User's discharge that caused pass through or interference, and the User was in compliance with each such local limit directly prior to and during the pass through or interference; or

If a local limit designed to prevent pass through and/or interference, as the case may be, has not been developed in accordance with 40 C.F.R. § 403.5(c) for the pollutant(s) that caused the pass through or interference, the User's discharge directly prior to and during the pass through or interference did not change substantially in nature or constituents from the User's prior discharge activity when WASA was regularly in compliance with WASA's National Pollutant Discharge Elimination System (NPDES) permit requirements and, in the case of interference, applicable requirements for beneficial reuse of biosolids.

Specific Prohibitions: No User shall introduce the following pollutants into the District’s wastewater system:

(a) Pollutants which create a fire or explosion hazard in the District's wastewater system, including, but not limited to:

Waste streams with a closed-cup flashpoint of less than one hundred forty degrees Fahrenheit (140° F) or sixty degrees Centigrade (60° C) using test methods specified in 40 C.F.R. Chapter I, Subchapter N, Part 261.21;

Waste streams causing two (2) readings on an explosion hazard meter at the point of discharge into the District’s wastewater system, or at any point in the District’s wastewater system, of more than five percent (5%) or any single reading over ten percent (10%) of the Lower Explosive Limit of the meter;

Any liquids, solids, or gases, which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to create fire or explosion or to injure in any other way the wastewater system or the process or operation and maintenance of the wastewater system;

Gasoline;

Kerosene;

Naphtha;

Ethers;

Alcohols;

Ketones;

Aldehydes;

Peroxides;

Chlorates;

Perchlorates;

Bromates;

Carbides;

Hydrides; and

Sulfides;

(b) Pollutants which have a pH of less than five (5.0) or more than ten (10.0), except when a waiver to the upper pH limit is authorized in writing by WASA, or which have any corrosive property capable of damaging or creating a hazard to structures, equipment, processes, or personnel of the District's wastewater system, including, but not limited to, acids, sulfides, concentrated chloride and fluoride compounds, and substances which will react with water to form acidic or alkaline products;

(c) Solid or viscous substances in amounts which may cause, or contribute to obstruction of the flow in a sewer or otherwise interfere with the operation of the District’s wastewater system, including, but not limited to:

Substances which may solidify or become viscous at temperatures above thirty-two degrees Fahrenheit (32° F) or zero degrees Centigrade (0° C);

Solids have any linear dimensions greater than one-half inch (1/2 in.);

Fats, oils, and grease;

Incompletely shredded garbage;

Animal remains;

Blood;

Feathers;

Ashes;

Cinders;

Sand;

Spent lime;

Stone or marble dust;

Metal;

Glass;

Straw;

Shavings;

Grass clippings;

Rags;

Spent grains;

Spent hops;

Waste paper;

Wood;

Plastic;

Tar;

Asphalt residues;

Residues from refining or processing of fuel or lubricating oil;

Mud;

Glass grinding; and

Polishing wastes;

(d) Any pollutant, including, but not limited to oxygen demanding pollutants, released in the discharge at a flow rate, or concentration, or a combination of both, which causes interference with or compromises the structural integrity of the District's wastewater system;

(e) Any wastewater with heat in such amounts as will inhibit the biological activity of processes in the District's wastewater system resulting in interference. In no case shall wastewater be discharged by a User in temperatures in excess of one hundred forty degrees Fahrenheit (140° F) or sixty degrees Centigrade (60° C), nor shall wastewater be discharged which causes individually or in combination with other wastewater, the influent at the District's wastewater treatment plant to have a temperature exceeding one hundred four degrees Fahrenheit (104° F) or forty degrees Centigrade (40° C), except where a variance from the one hundred forty degrees Fahrenheit (140° F) or sixty degrees Centigrade (60° C) discharge limit is authorized in writing by WASA;

(f) Any wastewater containing petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in amounts that will cause pass through or interference;

(g) Any wastewater containing pollutants which result in the presence of toxic, noxious or malodorous liquids, solids, gases, vapors, or fumes within the District’s wastewater system which alone or in interaction with other wastes, are capable of creating a public nuisance or hazard to humans or animals, are sufficient to cause acute worker health and safety problems, or are sufficient to cause interference or pass through;

(h) Any wastewater of objectionable color or tint not removed in the treatment process, including, but not limited to, dye wastes and vegetable tanning wastes;

Any trucked or hauled pollutants, except at discharge points that WASA designates;

(j) Wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits that WASA establishes or applicable State or National standards, cause pass through or interference or otherwise adversely impact the District’s wastewater system or cause or contribute to pollution;

(k) Unless DC Water specifically authorizes any substance including, but not limited to:

(1) Septic tank sludge;

(2) Restaurant grease;

(3) Waste from a fuel service station;

(4) Waste from a marine or mobile vehicle holding tank; and

(5) Waste from a portable toilet;

(l) Sludges, screenings, or other residues from the pretreatment of industrial wastes;

(m) Medical or infectious wastes except as WASA specifically authorizes in writing;

(n) Wastewater causing, alone or in conjunction with other sources, the effluent from Blue Plains to fail toxicity tests;

(o) Detergents, surface-active agents, or other substances which might cause excessive foaming in the District’s wastewater system;

Any waste that if otherwise disposed of would be a hazardous waste, unless specifically authorized in writing by WASA; or

Any substance which, alone or in conjunction with a discharge or discharges from other sources, causes or may cause, or contributes to, a violation of any requirement of the Blue Plains Title V permit issued pursuant to the Clean Air Act.

Pharmaceutical waste shall not be discharged to the District’s wastewater system if they contain materials in amounts that will contribute to or result in wastewater concentrations that cause or contribute to pass through or interference.

Health care facilities located in the District of Columbia shall not discharge pharmaceutical products or pharmaceutical wastes into the District’s wastewater system except in accordance with District laws and regulations.

Excreta from individuals undergoing medical diagnosis or therapy with radioactive material shall be exempt from any limitations contained in this chapter.

The following shall apply to discharges into the wastewater system:

(a) No User shall discharge into the wastewater system arsenic, cadmium, copper, lead, mercury, molybdenum, nickel, selenium, silver, zinc, cyanide, oil and grease (petroleum), or Polychlorinated Biphenyls (PCBs) in concentrations greater than those listed in Table I of this subsection unless authorized in writing by DC Water in a Wastewater Discharge Permit;

TABLE I

SUBSTANCE

DAILY MAXIMUM CONCENTRATION, mg/L

Arsenic (T)

0.20

Cadmium (T)

0.10

Copper (T)

2.3

Lead (T)

1.0

Mercury (T)

0.035

Molybdenum (T)

0.19

Nickel (T)

3.4

Selenium

0.25

Silver (T)

1.2

Zinc (T)

3.4

Cyanide (T)

0.31

Oil and Grease (petroleum)

100

PCBs (T)(1)

Non-detect

(T) - Total

(1) - Total PCBs shall be measured using an EPA-approved Method in 40 CFR Part 136 with a reporting limit of at least one thousandth milligram per liter (0.001 mg/L).

(b) Industrial Users may be required to monitor other pollutants, including, but not limited to, chromium, total toxic organics (TTO), and any other pollutants as required by DC Water;

(c) For purposes of this subsection, “daily maximum concentration” shall be determined using grab samples for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For all other pollutants, the daily maximum concentration shall be determined using twenty-four (24) hour flow-proportional composite samples collected over the daily operation, unless time-proportional composite or other composite sampling or grab sampling is representative of the discharge and is authorized by DC Water in accordance with § 1507.6; and

(d) Total toxic organics (TTO) is the summation of all quantifiable values greater than one hundredth milligram per liter (0.01 mg/l) for the following list of toxic organics:

Volatile Organic Compounds:

Acrolein

Acrylonitrile

Benzene

Bromoform (tribromomethane)

Carbon tetrachloride (tetrachloromethane)

Chlorobenzene

Chlorodibromomethane

Chloroethane

2-Chloroethyl vinyl ether (mixed)

Chloroform (trichloromethane)

1, 1-Dichloroethane

1, 2-Dichloroethane

1, 1-Dichloroethylene

1, 2-Dichloropropane

1, 3-Dichloropropylene (1, 3-dichloropropene)

Ethylbenzene

Methyl bromide (bromomethane)

Methyl chloride (chloromethane)

Methylene chloride (dichloromethane)

1, 1, 2, 2-Tetrachloroethane

Tetrachloroethylene

Toluene

1, 2-Trans-dichloroethylene

1, 1, 1-Trichloroethane

1, 1, 2-Trichloroethane

Trichloroethylene

Vinyl chloride (chloroethylene)

Semi-volatile Organic Compounds:

Acenaphthene

Acenaphthylene

Anthracene

1, 2-Benzanthracene (benzo (a) anthracene)

Benzidine

Benzo (a) pyrene (3,4-benzopyrene)

3, 4-Benzoflouranthene

(benzo (b) flouranthene)

11, 12-Benzoflouranthene (benzo (k) flouranthene)

1, 12-Benzoperylene (benzo (ghi) perylene)

Bis (2-chloroisopropyl) ether

Bis (2-chloroethoxy) methane

Bis (2-chloroethyl) ether

Bis (2-ethylhexyl) phthalate

4-Bromophenyl phenyl ether

Butyl benzyl phthalate

2-Chloronaphthalene

2-Chlorophenol

4-Chlorophenyl phenyl ether

Chrysene

1, 2, 5, 6-Dibenzanthracene (dibenzo (a, h) anthracene)

1, 2-Dichlorobenzene

1, 3-Dichlorobenzene

1, 4-Dichlorobenzene

3, 3-Dichlorobenzidine

Dichlorobromomethane

2, 4-Dichlorophenol

Diethyl phthalate

Dimethyl phthalate

2, 4-Dimethylphenol

Di-n-butyl phthalate

Di-n-octyl phthalate

2, 4-Dinitrotoluene

2, 6-Dinitrotoluene

2, 4-Dinitrophenol

4, 6-Dinitro-o-cresol

1, 2-Diphenylhydrazine

Fluoranthene

Fluorene

Hexachlorobenzene

Hexachlorobutadiene

Hexachlorocyclopentadiene

Hexachloroethane

Indeno (1, 2, 3-cd) pyrene (2, 3-o-phenlene pyrene)

Isophorone

Naphthalene

Nitrobenzene

2-Nitrophenol

4-Nitrophenol

N-nitrosodimethylamine

N-nitrosodiphenylamine

N-nitrosodi-n-propylamine

Parachlorometa cresol

Pentachlorophenol

Phenanthrene

Phenol

Pyrene

1, 2, 4-Trichlorobenzene

2, 4, 6-Trichlorophenol

Pesticides/Polychlorinated biphenyls (PCBs):

Aldrin

Dieldrin

Chlordane

4,4’-DDT

4,4’-DDE (p,p-DDX)

4,4’-DDD (p,p-TDE)

Alpha-endosulfan

Beta-endosulfan

Endosulfan sulfate

Endrin

Endrin aldehyde

Heptachlor

Heptachlor epoxide

Alpha-BHC

Beta-BHC

Delta-BHC

Gamma-BHC

PCB-1016 (Arochlor 1016)

PCB-1221 (Arochlor 1221)

PCB-1232 (Arochlor 1232)

PCB-1242 (Arochlor 1242)

PCB-1248 (Arochlor 1248)

PCB-1254 (Arochlor 1254)

PCB-1260 (Arochlor 1260)

Toxaphene

2,3,7,8-Tetrachlorodibenzo-p-dioxin (TCDD)

Where an Industrial User continuously measures the pH of a wastewater discharge and either voluntarily or pursuant to a requirement in a permit, the Industrial User shall maintain the pH of such wastewater within the range set forth in the permit, except excursions from the range are authorized subject to the following limitations:

(a) No excursion below five (5.0) or above twelve (12.0) is authorized;

(b) The total time during which the pH values are outside the permitted range of pH values shall not exceed seven (7) hours and twenty-six (26) minutes in any calendar month; and

1501.10 An Industrial User facility that practices dentistry shall comply with the regulations in 40 CFR part 441, the Dental Office Point Source Category, and the requirements set forth in Section 1520 of this chapter, as applicable.

No User shall discharge wastes from garbage grinders into the wastewater system except as follows:

(a) Wastes generated in preparation of food normally consumed on the premises; or

(b) Wastes of a specific character, the discharge of which after grinding is authorized by a written permit issued by WASA.

All garbage grinders shall shred the waste to a degree that all particles will be carried freely under normal flow conditions prevailing in the public sewers in accordance with § 1501.4(c).

Wastes from garbage grinders used for grinding or shredding plastic, paper products, inert materials, or garden refuse shall not be discharged to the wastewater system.

[RESERVED].

The following shall apply to discharges of non-wastewater flows to the District’s wastewater system:

(a) All uncontaminated non-wastewater flows that do not result from an industrial process, including all storm waters (including snow melt), surface waters, ground waters, subsurface drainage (including foundation, footing, and under drainage), roof drainage, irrigation waters, diverted stream flows, or spring waters shall not be discharged to sewers specifically designated as sanitary sewers;

(b) Whenever DC Water determines that a User is discharging uncontaminated non-wastewater flows to a sewer specifically designated as sanitary sewer, DC Water shall notify the User and require such discharge to be connected to the storm sewer system or natural outlet at the expense of the User, in accordance with District laws and regulations;

(c) For permanent connections, if there is no separate storm sewer within one hundred feet (100 ft.) of the property line of a residential property or two hundred fifty feet (250 ft.) of a commercial property, the uncontaminated non-wastewater flows may be discharged to the combined sewer system, if authorized in writing by DC Water through approval of a District of Columbia Department of Consumer and Regulatory Affairs (DCRA) Construction Permit; and

(d) Where combined sewers are provided, DC Water may authorize the discharge of storm water to the combined sewer system provided that:

(1) Where a DCRA Construction Permit is required, the post-development peak storm water discharge to the combined sewer for the twenty-four (24) hour two (2) and fifteen (15) year frequency storm events shall be equal to or less than the peak discharge for the predevelopment condition; and

(2) The provisions of subparagraph (d)(1) shall not apply to:

Additions, or modifications to existing single family residential structures, detached garages, sheds, swimming pools or similar improvement; and

Construction or grading operations or both that do not disturb more than five thousand square feet (5,000 sq. ft.) of land area, unless such construction or grading operation is part of an approved subdivision plan;

(e) A User may petition the General Manager to reconsider DC Water’s determination that their uncontaminated non-wastewater flows are discharging to a sewer specifically designated as sanitary sewer, by notifying the General Manager in writing no later than fifteen (15) days after the date of the notice issued pursuant to § 1501.16(b). The petition shall include all documents and data in support of the petition;

(f) Upon receipt of the petition for reconsideration, the General Manager shall investigate DC Water’s determination, review the supporting documentation provided, and notify the User of the results of the determinations of the General Manager; and

(g) A User may appeal the determinations of the General Manager by filing a petition for an administrative hearing within fifteen (15) days of the date of receipt of the notice issued pursuant to § 1501.16(f). This petition shall be filed in accordance with the requirements set forth in § 1519 and 21 DCMR § 412.

1501.17 All Industrial Users shall comply with National pretreatment regulations in 40 C.F.R. Part 403 and the applicable National Categorical Pretreatment Standards set forth in 40 C.F.R. Chapter I, Subchapter N, Parts 405 through 471.

1501.18 When wastewater subject to a Categorical Pretreatment Standard is mixed with wastewater not regulated by the same Categorical Pretreatment Standard, DC Water shall impose an alternate limit in accordance with 40 C.F.R. § 403.6(e).

History

SOURCE: Final Rulemaking published at 33 DCR 6194 (October 10, 1986); as amended by Final Rulemaking published at 37 DCR 6052 (September 14, 1990); as amended by Final Rulemaking published at 40 DCR 1106 (February 5, 1993); as amended by Final Rulemaking published at 47 DCR 2948 (April 28, 2000); as amended by Final Rulemaking published at 48 DCR 5564 (June 15, 2001); as amended by Final Rulemaking published at 53 DCR 2210(March 24, 2006); as amended by Final Rulemaking published at 57 DCR 8193 (September 10, 2010); as amended by Notice of Final Rulemaking published at 59 DCR 1021, 1022 (February 10, 2012); as amended by Final Rulemaking published at 65 DCR 0447 (January 19, 2018); as amended by Final Rulemaking published at 69 DCR 000482 (January 21, 2022). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1501

21 DCMR § 1502 PRETREATMENT REQUIREMENTS

If any wastewater which is or may be discharged to the District's wastewater system and which, in WASA's judgment has or may have a potential to upset the treatment plant, a deleterious effect on the wastewater system, receiving waters, the disposal of WASA’s biosolids, constitute a nuisance, or otherwise create a hazard to life or the environment, WASA may take any of the following actions, including but not limited to:

(a) Reject the wastewater;

(b) Require the pretreatment to an acceptable condition for discharge to the wastewater system;

(d) Require payment of a high-strength waste fee.

Each Industrial User shall provide the wastewater pretreatment deemed necessary to comply with the requirements of this chapter. Any pretreatment or control facilities required to pretreat wastewater shall be installed, operated, monitored, and maintained at the Industrial User's expense.

Increased use of process water or dilution of a discharge shall not constitute either a partial or complete substitute for adequate or necessary pretreatment to achieve compliance with any discharge limitation.

Approval of existing or proposed pretreatment or control facilities or equipment by WASA shall not, in any way, guarantee that these facilities or equipment will function in the manner described by the owner, designer, constructor or manufacturer. WASA's approval shall not relieve any User of the responsibility of enlarging or otherwise modifying such pretreatment or control facilities to accomplish the intended purpose of pretreatment or control.

Where pretreatment or control facilities are required, they shall be maintained continuously in satisfactory and effective condition by the Industrial User at his or her expense and shall be subject to periodic inspection by WASA.

Each Industrial User shall provide pretreatment or control facilities to protect the wastewater system from slug discharges, accidental discharges, prohibited materials, or other regulated wastes. The pretreatment or control facilities shall be provided and maintained at the Industrial User's expense.

Significant Industrial Users shall be evaluated to determine whether a plan or other action is needed to control slug discharges within one (1) year of being designated by WASA as a Significant Industrial User. Slug control plans shall address at a minimum the following:

Description of discharge practices, including non-routine batch discharges;

Description of stored chemicals;

Procedures to be used for notifying WASA immediately of any slug discharges, including any discharge that would violate a prohibition under §1501.4 and procedures for follow-up written notification within five (5) days;

Procedures to be used for notifying WASA immediately of any changes at its facility affecting potential for a slug discharge; and

If necessary, procedures to prevent adverse impact from accidental spills, including:

Inspection and maintenance of storage areas;

Handling and transfer of materials;

Loading and unloading operations;

Control of plant site run-off;

Worker training;

Building of containment structures or equipment;

Measures for containing toxic organic pollutants (including solvents); and

Measures and equipment for emergency response.

Industrial Users shall provide secondary containment measures where substances are stored, transported, treated, disposed of, or otherwise handled in areas draining into a District sewer which, because of actual or potential discharge or leakage from the storage or conveyance system, creates or may create an explosion hazard in, or in any other way have a detrimental effect upon, the wastewater system, or otherwise constitute or pose a hazard to human beings, animals, property, or the receiving waters.

Secondary containment plans are subject to review by WASA, and shall include reasonable safeguards to eliminate or minimize the potential detrimental effect.

Detailed plans delineating and describing the facilities and operating procedures required by § 1502.6 and 1502.7 shall be maintained by the Industrial User and made available for inspection by WASA or authorized representatives at any reasonable time as provided for in § 1506.

Whenever deemed necessary, WASA may require Industrial Users to restrict their discharge during peak flow periods, designate specific sewers to discharge wastewater, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the District’s wastewater system and determine the Industrial User’s compliance with the requirements of this chapter.

WASA may require any User discharging to the District’s wastewater system to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.

WASA may issue any Industrial User a compliance schedule for installation of technology required to comply with this chapter in accordance with D.C. Official Code § 8-105.07(b)(3) (2008 Repl. & 2011 Supp.).

Compliance schedules shall contain increments of progress in the form of activities to be performed and dates for the commencement and completion of these activities leading to the construction and operation of the pretreatment technology or completion of other activities required to bring the Industrial User into compliance.

Failure to initiate or complete the required activities by the date specified in the compliance schedule shall be a violation of this chapter and shall be enforceable in accordance with § 1513.

Industrial Users including, but not limited to, restaurants, cafeterias, hotel kitchens, church kitchens, school kitchens, hospital cafeterias, bars, or other facilities that have the potential to discharge oil or grease laden wastewater shall provide and maintain a grease abatement system for the proper handling of wastewater containing excessive amounts of oil and grease in accordance with the District of Columbia Plumbing Code or as WASA requires.

Industrial Users including, but not limited to, gas stations, maintenance facilities, laundries, car washes, or other facilities that have the potential to discharge oil, or sand laden wastewater shall provide oil or sand interceptors for the proper handling of wastewater containing excessive amounts of oil or sand in accordance with the District of Columbia Plumbing Code or as WASA requires.

Industrial Users that have the potential of discharging grease, oil, or sand laden wastewater into the District’s wastewater system shall comply with the following requirements:

Implement appropriate best management practices for minimizing the discharge of grease, oil, or sand laden wastewater into the sewer system;

All grease abatement systems and interceptors shall comply with the currently approved District of Columbia Plumbing Code requirements and shall be easily accessible for cleaning and inspection;

Grease abatement systems and interceptors shall be maintained and inspected regularly and repaired as needed by the Industrial User at their expense;

Grease, oil, and settled solids shall be removed from such grease abatement systems and interceptors at a frequency necessary to ensure proper operation and to prevent pass-through of these materials into the District’s wastewater system;

Cleaning frequency shall not exceed thirty (30) days for an indoor grease abatement system and ninety (90) days for an outdoor grease abatement system, unless granted a written variance by WASA for those Industrial Users identified in §1502.16. A written variance may be issued if the Industrial User can satisfactorily demonstrate that the accumulation of grease, oils, and solids does not exceed twenty-five percent (25%) of the liquid retention capacity of the grease abatement system during the Industrial User’s proposed cleaning frequency. The entire contents of the grease abatement system shall be pumped out and properly disposed of to allow for thorough cleaning of the grease abatement system. All costs for removal of material or cleaning of the grease abatement system shall be at the Industrial User’s expense; and

Documentation of the most recent cleaning of the grease abatement system or interceptor shall be retained on site and shall include, at a minimum, the date cleaned, the company or person performing the cleaning, the volume of material removed, and the method and location of disposal. Cleaning records shall be retained for a period of at least three (3) years.

History

SOURCE: Final Rulemaking published at 33 DCR 6194, 6195 (October 10, 1986); as amended by Final Rulemaking published at 47 DCR 2948 (April 28, 2000); as amended by Notice of Final Rulemaking published at 59 DCR 1021, 1034 (February 10, 2012).

21 DCMR § 1503 NOTICES

To collect information consistent with the purposes of the Act and this chapter, WASA may require any party who discharges, or whom WASA reasonably believes discharges, into the District's wastewater system, to provide reports concerning the nature, contents, quantity and frequency of such discharges and the party's actions, if any, to monitor or alter such discharges. WASA may require such reports regardless of whether the party shall have a permit under the Act.

WASA may issue a discharge notification letter to such parties, identifying what specific information is sought, the frequency with which the information shall be provided, and a statement concerning the period of time during which the obligation to provide such information will continue.

All Industrial Users shall promptly notify WASA prior to any new or increased contribution of pollutants or change in the nature of pollutants or substantial change in the volume or character of pollutants in their discharge, including the listed and characteristic hazardous waste for which the Industrial User has submitted initial notification under § 1503.6. WASA reserves the right to prohibit or impose conditions on the discharge of any new, increased or changed contribution of pollutants.

All Industrial Users that experience an unplanned discharge due to a spill, slug discharge, or other potential problem, shall notify WASA as follows:

All Industrial Users shall notify WASA immediately of all discharges that could cause problems to the District’s wastewater system, including any slug loadings, which are defined as pollutant discharges which violate the specific prohibitions under § 1501.4;

The notification shall include the date, time, and location of the discharge; type, concentration and volume of waste; and corrective actions. The Industrial User shall be liable for any expense, loss, or damage to the District’s wastewater system, in addition to any fines that WASA imposes;

Within five (5) days following the unplanned discharge, the Industrial User shall submit to WASA a detailed written report describing the cause of the discharge and the measures to be taken by the Industrial User to prevent similar occurrences in the future; and

If the unplanned discharge contains a listed or characteristic hazardous waste, as defined in 40 C.F.R. Part 261 and District regulations, the Industrial User shall also comply with the requirements of § 1503.6(a).

Notice of Changed Discharge - All Significant Industrial Users are required to notify WASA immediately of any changes at their facility affecting the potential for a slug discharge.

All Industrial Users proposing to discharge hazardous waste into the District’s wastewater system shall comply with the following requirements:

Industrial Users shall make a written notification to WASA, the Mayor, and the director of EPA’s Region III Waste Management Division, prior to a discharge into the District’s wastewater system of a substance which, if otherwise disposed of, would be a hazardous waste under 40 C.F.R. Part 261 and District regulations. Such notification shall include:

The name of the hazardous waste as set forth in 40 C.F.R. Part 261;

EPA hazardous waste number;

The type of discharge (continuous, batch, or other); and

A statement certifying that the Industrial User has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical;

If the Industrial User intends to discharge more than one hundred kilograms (100 kg) of hazardous waste per calendar month to the District’s wastewater system, the notification shall also contain the following information to the extent the information is known and readily available to the Industrial User:

(1) An identification of the hazardous constituents contained in the wastes;

(2) An estimation of the mass and concentration of such constituents in the wastestream to be discharged during the calendar month; and

(3) An estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve (12) months;

Industrial Users shall provide notification prior to the discharge of a listed or characteristic hazardous waste. This notification shall be submitted only once for each hazardous waste intended to be discharged. However, notifications of changed discharges shall be submitted under 40 C.F.R. § 403.12(j) and § 1503.5. The notification requirement, however, does not apply to pollutants already reported under the self-monitoring requirements of 40 C.F.R. § 403.12(b), (d), and (e) and § 1508; and

WASA shall review the hazardous waste discharge notification and may issue a new or revised pretreatment permit. Industrial Users shall not discharge a listed or characteristic hazardous waste prior to the issuance of a pretreatment permit that authorizes the discharge.

In the case of any new regulations under § 3001 of the Resource Conservation and Recovery Act (RCRA) identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the Industrial User shall notify WASA, the EPA Regional Waste Management Waste Division Director, and the District of Columbia hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations.

History

Source: Final Rulemaking published at 33 DCR 6194, 6195 (October 10, 1986); as amended by Final Rulemaking published at 47 DCR 2948 (April 28, 2000); as amended by Notice of Final Rulemaking published at 59 DCR 1021, 1034, 1038 (February 10, 2012).

21 DCMR § 1504 PERMIT APPLICATIONS FOR INDUSTRIAL USERS WITHIN THE DISTRICT

WASA may require persons to complete and submit to WASA a questionnaire for the purpose of determining which Users need to submit a permit application. This questionnaire shall be completed and returned within fifteen (15) days of receipt or as stated on the questionnaire. Based on the information provided in response to the questionnaire, WASA may request the User to submit a permit application.

Each new Significant Industrial User located within the District proposing to directly or indirectly discharge into the District’s wastewater system shall apply for a Wastewater Discharge Permit at least ninety (90) days before connecting to, or discharging into, the wastewater system.

Each new Non-Significant Non-Categorical Industrial User located within the District proposing to directly or indirectly discharge into the wastewater system of the District shall apply for a Wastewater Discharge Permit at least ninety (90) days before connecting to, or discharging into, the wastewater system if they know or have reason to know that their discharges exceed the District’s Pretreatment Standards.

All existing Significant Industrial Users located within the District that do not have a current Wastewater Discharge Permit and are directly or indirectly discharging into the wastewater system of the District shall immediately apply for a Wastewater Discharge Permit.

All existing Non-Significant Non-Categorical Industrial Users located within the District that do not have a current Wastewater Discharge Permit and are directly or indirectly discharging into the District’s wastewater system shall immediately apply for a Wastewater Discharge Permit if they know or have reason to know that their discharges exceed the District’s Pretreatment Standards.

Applications for Wastewater Discharge Permits shall contain at least the following:

Name, address, office telephone number, and Standard Industrial Classification or North American Industry Classification System number(s) of applicant;

A list of any environmental permits held by or for the facility;

Volume of wastewater to be discharged expressed in gallons per day. For Categorical Industrial Users, the volume of wastewater from each regulated or manufacturing process stream is required and other streams as necessary to allow use of the combined wastestream formula;

Time and duration of discharge;

Average and thirty (30) minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any;

The results of sampling and analysis identifying the nature and concentration and/or mass, where required by a Categorical Standard, of regulated pollutants in the discharge from each regulated process, including the parameters listed in Table I in § 1501.8, biochemical oxygen demand, total suspended solids, total nitrogen, total phosphorus, and pH. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures outlined in § 1507;

For Categorical Industrial Users, the categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for Existing Sources;

Ground plan or plat that indicates locations of building sewers, building drains, process waste sewers, monitoring and pretreatment facilities, buildings, property lines, adjacent streets and sewers, and industrial process facilities’

Description of activities, facilities and plant processes on or proposed at the premises, including all materials and types of materials which are or could be discharged to the wastewater system;

Each product produced or to be produced by type, amount, and chemical composition;

Number of employees and hours of work;

For a corporation, the State of incorporation, address of the corporate office, names and titles of corporate officers and the name and address of the registered agent in the District;

Any other information which WASA deems to be necessary to evaluate the permit application including, but not limited to, any information required by applicable federal laws and regulations;

Any requests for a monitoring waiver (or a renewal of an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge based on § 1507.11;

Any request to be covered by a general permit based on § 1504.10; and

Certification statement provided in § 1508.10 and with the signature of an authorized representative in accordance with § 1508.11.

WASA may, at any time:

Request any additional sampling and analytical testing of the wastewater characteristics;

Perform a site inspection of the waste discharge system, pretreatment systems, or other systems;

Request additional process or treatment system information or any other information as necessary for WASA to evaluate the permit application; or

Return incomplete or inaccurate applications to the User for revision.

After evaluation of the data furnished, WASA may:

Determine that a Wastewater Discharge Permit is not required;

Deny any application for a Wastewater Discharge Permit; or

Determine that a permit is required and issue an invoice for the applicable Wastewater Discharge Permit fee as provided in chapter 1 of this title. Upon payment, WASA shall issue a Wastewater Discharge Permit subject to terms and conditions provided in the Wastewater Discharge Permit.

WASA may issue the following types of Wastewater Discharge Permits:

Significant Categorical Industrial User Permits – Issued to Industrial Users that are subject to Categorical Pretreatment Standards, and at any time discharge more than one hundred gallons per day (100 gal./day) of total categorical wastewater excluding sanitary, non-contact cooling and boiler blowdown wastewater unless specifically included in the pretreatment standard;

Significant Non-Categorical Industrial User Permits – Issued to Industrial Users that are not subject to Categorical Pretreatment Standards, and discharge an average of twenty-five thousand gallons per day (25,000 gal./day) or more of process wastewater to the District’s wastewater system (excluding sanitary, non-contact cooling and boiler blowdown wastewater), or contribute more than five percent (5%) of hydraulic or organic loading to the Blue Plains WWTP, or WASA has determined that the industrial User has a reasonable potential to adversely affect the operation of Blue Plains, violate any pretreatment standard or requirement, harm the environment, or cause a threat to wastewater utility personnel;

Non-Significant Categorical Industrial User Permit – Issued to Industrial Users that are subject to Categorical Pretreatment Standards, never discharge more than one hundred gallons per day (100 gal./day) of categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard), and meet the three (3) conditions provided in the definition for Non-Significant Categorical Industrial User in § 1599;

Non-Significant Non-Categorical Industrial User Permit – Issued to Industrial Users that are not subject to Categorical Pretreatment Standards, discharge less than twenty-five gallons per day (25,000 gal./day) of process wastewater, and specifically designated by WASA due to type of business, characteristics of the discharge, or presence of pretreatment facilities; and

General Permit – Industrial Users that have a process that is acceptable for a general permit, as established by WASA in accordance with 40 C.F.R. § 403.8(f)(1)(iii)(A) and 21 DCMR § 1504.10.

At the discretion of WASA, general permits may be used to control Significant or Non-Significant Industrial User discharges if the following conditions are met. General permits shall cover facilities that:

Involve the same or substantially similar types of operations;

Discharge the same type of wastes;

Require the same effluent limitations;

Require the same or similar monitoring; and

In the opinion of the General Manager, are more appropriately controlled under a general permit than under individual wastewater discharge permits.

Industrial User’s seeking coverage under a general permit shall not be subject to production-based Categorical Pretreatment Standards or Categorical Pretreatment Standards expressed as mass of pollutant discharged per day or for Industrial Users whose limits are based on the Combined Wastestream Formula.

History

SOURCE: Final Rulemaking published at 33 DCR 6194, 6196 (October 10, 1986); as amended by Final Rulemaking published at 47 DCR 2948 (April 28, 2000); as amended by Notice of Final Rulemaking published at 59 DCR 1021, 1040 (February 10, 2012).

21 DCMR § 1505 PERMIT CONDITIONS

The following minimum conditions shall be incorporated into, and made a part of every Wastewater Discharge Permit, whether such conditions are recited therein or not:

(a) The Industrial User shall report the actual wastewater constituents and characteristics of its discharge;

(b) The Industrial User shall report significant changes in operation, and in wastewater constituents and characteristics;

(c) The Industrial User shall allow reasonable access to its premises for the purpose of inspection or wastewater monitoring; and

(d) The Industrial User shall comply with each and every term and condition of the permit.

Wastewater Discharge Permit holders shall comply with the requirements of this chapter. Individual or general permits may contain any or all of the following:

(a) Statement of duration (issuance date, effective date, and expiration date);

(b) Statement of non-transferability without prior notification to WASA in accordance with § 1505.10-1505.13, and requirement to provide the new owner or operator with a copy of the existing Wastewater Discharge Permit;

(d) Effluent limits, including average and maximum wastewater constituents and concentrations and Best Management Practices, based on applicable general pretreatment standards, Categorical Pretreatment Standards, local limits, and State and local law;

(e) Requirements for installation of inspection and sampling facilities;

(f) Pretreatment requirements;

(g) Self-monitoring, sampling, reporting, notification and recordkeeping requirements, Best Management Practices to be monitored, an identification of the pollutants to be monitored (including the process for seeking a waiver for a pollutant neither present nor expected to be present in the discharge in accordance with 40 C.F.R. § 403.12(e)(2) and § 1507.11, or a specific waived pollutant in the case of an individual control mechanism), sampling location, sampling frequency, and sample type, based on the applicable general pretreatment standards in 40 C.F.R. § 403, Categorical Pretreatment Standards, local limits, and State and local law;

(h) Requirement for immediate notification to WASA where self-monitoring results indicate non-compliance and to repeat sampling and analysis and submit results to WASA within thirty (30) days after becoming aware of the violation;

(i) Requirement to immediately report a bypass or upset of a pretreatment facility and all discharges, including slug loadings, that could adversely impact the District’s wastewater system;

(j) Requirements for notification of, and acceptance by, WASA of any new introduction of wastewater constituents or of any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater system;

(k) Requirements for disposal of sludges, floats, and skimmings;

(l) Requirements for submission of technical reports or discharge reports, including the submission of data obtained from monitoring which is conducted by the Industrial User, but which is not required by law, and frequency of submission;

(m) Requirements for maintaining records relating to wastewater discharge, including but not limited to, records of all information resulting from any monitoring activities, including documentation associated with Best Management Practices;

(n) Requirements for payment of permit fees, sampling and analysis fees, high strength waste fees, or other fees, as provided in chapter 1 of this title;

(o) Requirements to control slug discharges, if WASA determines that is necessary;

(p) Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule; and

(q) Additional requirements as that WASA may determine.

Wastewater Discharge Permit holders shall make available to their employees copies of this chapter and any other wastewater information and notices which WASA may furnish from time to time to achieve more effective water pollution control. A notice shall be furnished and permanently posted by the Industrial User in a conspicuous place advising employees whom to call in case of any discharge or accident in violation of this chapter.

Wastewater Discharge Permits issued by User Jurisdictions that are not required to implement a pretreatment program by applicable federal law shall contain the condition(s) enumerated in §§ 1505.2 and 1518.7, appropriate to the facts and circumstances of such User Jurisdiction.

Permits for Industrial Users shall be issued for a specified period of time and in no event shall a permit extend beyond five (5) years from the effective date of the permit.

Industrial Users shall apply to renew their permit at least thirty (30) days prior to the expiration date of their permit. Upon request by an Industrial User, WASA may grant permission to submit an application to renew the permit at a later date, but no later than the date of expiration of the permit. Failure to timely renew a permit shall constitute a violation of this chapter and shall be subject to the fines and penalties set forth in § 1516.

If an Industrial User has timely applied to renew their permit and has submitted any additional information that WASA may request in connection with the application, and WASA does not issue a new permit before the expiration date of the previous permit, the previous permit shall be extended administratively and shall remain fully effective and enforceable.

When WASA proposes changes in a permit before the expiration date of the permit, the permit holder shall be notified in writing at least sixty (60) days prior to the effective date of the changes. The notice shall include a specific time schedule for compliance if new pretreatment or control facilities are required. The time schedule shall be based on practical delivery and construction time requirements, and shall become a part of the permit.

Wastewater Discharge Permits shall be issued to specific Industrial Users for specific operations.

A Wastewater Discharge Permit may be assignable or transferable to another owner or operator only if:

the Permittee gives advance written notice to WASA at least fourteen (14) days prior to execution of the assignment or transfer;

the Permittee gives the new owner or operator a copy of the existing Wastewater Discharge Permit; and

WASA approves the Wastewater Discharge Permit transfer.

The Wastewater Discharge Permit Transfer notice shall include a written certification by the new owner or operator, which:

States that the new owner and/or operator has no immediate intent to change the facility’s operations and processes;

Identifies the specific date on which the transfer is to occur; and

Acknowledges full responsibility for complying with the existing Wastewater Discharge Permit.

A Wastewater Discharge Permit shall not be transferable to a new or significantly changed operation. The new Industrial User shall submit a new application for a Wastewater Discharge Permit and shall obtain a new permit prior to instituting a new or significantly changed operation.

Any attempt to assign or transfer a Wastewater Discharge Permit without prior notice to WASA and WASA’s approval shall render the permit void from the date of the attempted assignment or transfer.

Industrial Users may petition the General Manager to reconsider the issuance, revocation or denial of a Wastewater Discharge Permit or the terms or conditions of a discharge permit within fifteen (15) calendar days of the effective date of the permit by submission of a Permit Appeal form. The submission of a Permit Appeal for reconsideration shall not stay compliance with Wastewater Discharge Permit conditions.

Failure to submit a timely Permit Appeal for review shall be deemed to be a waiver of administrative appeal unless a time extension is granted by the General Manager.

In the Permit Appeal, the Industrial User shall indicate the discharge permit provisions objected to, the reasons for the objection, and the alternative condition, if any, it seeks to place in the discharge permit.

The General Manager shall review and make a final decision on the Permit Appeal. The General Manager will send the Industrial User the final decision.

If the Permit Appeal is denied by the General Manager or the Permittee is not satisfied with the General Manager’s final decision, the Industrial User may appeal the Permit Appeal decision as set forth in § 1519 by filing a petition for an administrative hearing within fifteen (15) calendar days of the date of the General Manager’s final decision. The petition for an administrative hearing shall be filed in accordance with the requirements set forth in 21 DCMR § 412.

History

Source: Final Rulemaking published at 33 DCR 6194, 6195 (October 10, 1986); as amended by Final Rulemaking published at 47 DCR 2948 (April 28, 2000); as amended by Notice of Final Rulemaking published at 59 DCR 1021, 1034, 1044 (February 10, 2012).

21 DCMR § 1506 RIGHT OF ENTRY

For the purposes of inspection, observation, measurement, sampling and testing, WASA or WASA’s authorized representative shall have the right to enter upon or through any premises to determine compliance with this chapter. This right to enter and inspect shall be in accordance with section 9 of the Wastewater System Regulation Amendment Act of 1985 (D.C. Law 6-95; D.C. Official Code § 8-105.08 (2008 Repl. & 2011 Supp.)).

Any temporary or permanent obstruction to safe and easy access to a facility to be inspected and/or sampled shall be promptly removed by the Industrial User at the request of WASA and shall not be replaced. The cost of clearing such obstructions shall be the responsibility of the Industrial User.

Where an Industrial User has security measures in place which would require proper identification and clearance before entry, the Industrial User shall make the necessary arrangements so that upon presentation of suitable identification, WASA, or WASA’s authorized representative, will be permitted entry without delay.

Appropriate credentials for making an inspection shall include:

A duly issued photo identification card showing the name of the inspector and proof of employment with WASA; or

A WASA authorized representative with a photo identification and a notice of inspection issued by WASA, containing the following information:

Name of the Industrial User;

Address of the place or identification of the facility to be inspected;

Date of the inspection;

Name of the WASA authorized representative; and

Signature of the WASA official.

Entry by WASA or WASA’s authorized representative may be made with or without notice, as follows:

At any time, in emergency situations, or where there is a potential immediate threat to human health and safety, the environment or the District’s wastewater system; or

At any reasonable time in non-emergency situations. The following times shall be deemed reasonable for the purpose of entry:

Between the hours of 7:30 a.m. and 6:00 p.m. on weekdays; and

Any hour during which the facility is open for business or operation.

Unreasonable delays in allowing WASA or WASA’s authorized representative access to the Industrial Users premises shall constitute a violation of the Act and this chapter.

History

SOURCE: Final Rulemaking published at 33 DCR 6194, 6198 (October 10, 1986); as amended by Final Rulemaking published at 47 DCR 2948 (April 28, 2000); as amended by Notice of Final Rulemaking published at 59 DCR 1021, 1048 (February 10, 2012).

21 DCMR § 1507 WASTEWATER MONITORING

WASA may require any Industrial User to construct monitoring facilities to allow inspection, sampling, and flow measurement of the discharges from the building sewer or internal drainage systems, and may also require sampling or metering equipment to be provided, installed and operated, at the expense of the Industrial Users.

The monitoring facility shall be situated on the Industrial User's premises and located so that it will not be obstructed by the landscape or by parked vehicles. There shall be ample room in or near such monitoring facilities to allow accurate flow measurement, sampling and compositing of samples for analysis.

The monitoring facilities, sampling, and measuring equipment shall be approved by WASA and maintained at all times in a safe and proper operating condition at the expense of the Industrial User.

Sampling and analysis shall be done in accordance with the techniques prescribed in 40 C.F.R. Part 136 and amendments thereto and documented in accordance with the requirements in § 1512.

Where 40 C.F.R. Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA Administrator determines that the 40 C.F.R. Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by WASA, and approved by the EPA Region III Administrator.

Industrial Users shall collect and analyze all samples as follows:

Collect grab samples for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds;

Collect twenty-four (24) hour composite samples for all other pollutants, through flow-proportional composite sampling techniques, unless WASA authorizes time-proportional composite sampling or grab sampling;

Where WASA authorizes time-proportional composite sampling or grab sampling, the samples shall be representative of the discharge and the decision to allow the alternative sampling shall be documented in the Industrial User file for that facility or facilities; and

Using protocols (including appropriate preservation) specified in 40 C.F.R. Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four (24) hour period may be composited prior to the analysis as follows:

For cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field;

For volatile organic compounds and oil and grease the samples may be composited in the laboratory; and

Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by WASA, as appropriate.

For sampling required in support of the Baseline Monitoring Report in § 1508.5 and ninety (90) day Compliance Report in § 1508.7, a minimum of four (4) grab samples shall be collected for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds for facilities for which historical sampling data do not exist. For facilities for which historical sampling data are available, WASA may authorize a lower number of required grab samples.

For sampling required in support of the Periodic Compliance Report in § 1508.3, WASA shall specify the number of grab samples necessary to assess and ensure compliance by Industrial Users with applicable pretreatment standards and requirements.

For all Categorical Industrial Users, samples shall be collected immediately downstream from pretreatment facilities or from the regulated process if no pretreatment exists. For all Industrial Users, sampling location(s) will be specified in the permit and shall be representative of the normal discharges occurring during the reporting period.

Industrial Users shall maintain records of all information resulting from any monitoring activities required by this chapter, including documentation associated with Best Management Practices. The records shall include for all samples:

Date, time, and place of sampling, method of sampling, preservation used, and the names of the person or persons taking the samples;

Date, time, and place where sample analyses were performed;

Name of the person who performed the analyses;

Analytical techniques or methods used; and

Results of such analyses.

Waivers to Sampling Requirements. WASA may authorize Industrial Users subject to Categorical Pretreatment Standards to forego sampling of a pollutant if the Industrial User has submitted a request for a waiver and has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in their discharge or is present only at background levels (for example, due to the levels in their water intake) and without any increase in the pollutant due to the activities of the Industrial User. All waiver requests are subject to the following conditions:

A waiver may be granted if the pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated by an applicable Categorical Pretreatment Standard and otherwise includes no process wastewater;

The waiver shall be included in the Industrial User’s permit and is valid only during the period of the permit, which in no case shall exceed five (5) years. The Industrial User shall submit a new waiver request for each permit issued;

To justify the waiver request, the Industrial User shall sample their waste stream on at least two (2) separate occasions from a location that is representative of all wastewater from all processes prior to any treatment at the facility;

All sampling shall follow the sampling and analysis requirements listed in this section;

Non-detect sample results may only be used as a determination that a pollutant is not present if the EPA approved method from 40 C.F.R. Part 136 with the lowest minimum detection level for that pollutant was used for the analysis;

The waiver request shall include the certification statement in § 1508.10 and shall be signed in accordance with § 1508.11;

Industrial Users who are granted a waiver shall certify on each Periodic Compliance Report that there has been no increase in the pollutant in its discharge using the following language:

Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for 40 C.F.R. § __________ (specify applicable National Pretreatment Standards), I certify that, to the best of my knowledge and belief, there has been no increase in the level of _________ (list the pollutant) in the wastewater due to the activities at the facility since filing of the last periodic report as required under 21 DCMR § 1508;

In the event that a waived pollutant is found to be present or is expected to be present based on changes to the Industrial User’s operations, the Industrial User shall immediately notify WASA and comply with monitoring and reporting requirements listed in § 1508.3 or other more frequent monitoring imposed by WASA; and

The granting of a waiver does not supersede certification or other requirements established in Categorical Pretreatment Standards.

WASA may conduct sampling and analysis in lieu of or in addition to Industrial User sampling. Fees for sampling and laboratory analyses may be charged to the Industrial User.

History

SOURCE: Final Rulemaking published at 33 DCR 6194, 6200 (October 10, 1986); as amended by Final Rulemaking published at 47 DCR 2948 (April 28, 2000); as amended by Notice of Final Rulemaking published at 59 DCR 1021, 1049 (February 10, 2012).

21 DCMR § 1508 REPORTING

General Reporting Requirements. Industrial Users may be required to submit test results from samples collected of their discharged wastewater or other information requested by WASA on a routine and continuing basis. The Industrial User shall bear the costs of such tests and reports.

Baseline Monitoring Reports, ninety (90) Day Compliance Reports, and Periodic Compliance Reports (for both Categorical and Non-Categorical Industrial Users), shall be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report and representative of conditions occurring during the reporting period.

Periodic Compliance Reports (applicable to all Industrial Users). The following governs the Periodic Compliance Reports applicable to all Industrial Users:

Any Industrial User that is required to have a discharge permit and performs self-monitoring shall submit Periodic Compliance Reports to WASA at a frequency specified in the discharge permit, indicating the nature and concentration of pollutants in the discharge during that reporting period;

At a minimum, Significant Industrial Users shall sample their discharge and submit Periodic Compliance Reports once every six (6) months, or as WASA requires;

Categorical Industrial Users (except for Non-Significant Categorical Industrial Users) shall submit reports during the months of June and December, unless required more frequently in the Pretreatment Standard or an alternative schedule is established in writing by WASA; and

All Periodic Compliance Reports shall include:

A record of the concentrations (and mass if specified in the discharge permit) of the pollutants listed in the discharge permit that were measured and a record of all flow measurements or the average and maximum daily flow for the reporting period;

Documentation to demonstrate compliance with the Best Management Practices (BMP) or the average and maximum daily flow for the reporting period, in cases where the discharge standards are based on compliance with BMPs;

Flow data, reported on the basis of actual measurement except when WASA may allow for verifiable estimates of these flows if justified by cost or feasibility considerations;

Sampling and analysis data collected at the permitted location when the Industrial User performs sampling and analysis more frequently than is required and follows the sampling and analysis procedures in this chapter; and

The certification statement provided in § 1508.10 signed by an authorized representative in accordance with § 1508.11.

Reporting Violations (applicable to all Industrial Users). The following applies to reporting violations applicable to all Industrial Users:

If sampling performed by an Industrial User exceeds an effluent limit, the Industrial User shall notify WASA within twenty-four (24) hours of becoming aware of the exceedance;

The Industrial User shall repeat the sampling and analysis for that parameter and submit the results of the repeat analysis to WASA within thirty (30) days after becoming aware of the violation; and

If WASA performed the sampling and analysis in lieu of the Industrial User and a result exceeds an effluent limit, then WASA shall perform the repeat sampling and analysis for that parameter unless WASA requires the Industrial User to perform the repeat analysis.

Baseline Monitoring Reports. All Categorical Industrial Users shall comply with the following requirements for Baseline Monitoring Reports:

Existing Categorical Industrial Users currently discharging to or scheduled to discharge to the District’s wastewater system shall be required to submit to WASA a report which contains the information listed in paragraph (c) within either one hundred eighty (180) days after the effective date of a Categorical Pretreatment Standard or the final administrative decision on a category determination under 40 C.F.R. § 403.6(a)(4), whichever is later;

New sources and sources that become Categorical Industrial Users subsequent to the promulgation of an applicable Categorical Pretreatment Standard shall be required to submit to WASA a report which contains the information listed in paragraph (c) at least ninety (90) days prior to commencement of their discharge. A new source shall also be required to report the methods of pretreatment it intends to use to meet applicable Categorical Pretreatment Standards. New sources shall give estimates of anticipated flows and pollutants discharged;

Baseline Monitoring Reports shall include the following:

The name and address of the facility, and the name of the operator and owner;

A list of environmental control permits (including but limited to, hazardous waste generator permit, underground storage tank registration, and pesticide operator license) held by the facility;

A brief description of the nature of the industrial processes or operations, average rate of production, and North American Industrial Classification System or Standard Industrial Classification of the operation(s) carried out by the Industrial User. This description should include a schematic process diagram which indicates points of discharge to the District’s wastewater system from the regulated processes;

Measured average daily flow and the maximum daily flow in gallons per day for each of the regulated process streams and any other streams, as necessary, to allow use of the combined waste stream formula set out in 40 C.F.R. § 403.6(e). WASA may allow for verifiable estimates of these flows where justified by cost or feasibility considerations;

The Categorical Pretreatment Standards applicable to each regulated process, if known;

The results of sampling and analysis of at least one (1) representative sample identifying the nature and concentration (and/or mass where required by the Pretreatment Standard or WASA) of regulated pollutants in the discharge from each regulated process, which shall comply with the following:

Both daily maximum and daily average concentrations (or mass, where required) shall be reported; and

The sample shall be representative of daily operations and collected and analyzed in accordance with procedures listed in § 1507.6;

WASA may allow historical data to be used if information is sufficient to determine the need for industrial pretreatment measures. Submitted data shall include:

The time, date, and place of sampling;

Methods of analysis; and

Certification that sampling and analysis is representative of normal work cycles and expected pollutant discharges to the District’s wastewater system;

In cases where the Pretreatment Standard requires compliance with a Best Management Practice or pollution prevention alternative, the Industrial User shall submit documentation as required by WASA or the applicable Standards to determine compliance with the Standard;

Certification. A statement reviewed by the Industrial User’s authorized representative and certified to by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional Operation and Maintenance (O&M) and/or additional pretreatment, is required to meet the pretreatment standards and requirements;

Compliance schedule. If additional pretreatment and/or O&M is required to meet the pretreatment standards, the shortest schedule by which the Industrial User will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section shall meet the requirements set out in 40 C.F.R. § 403.12 (c); and

All baseline monitoring reports shall include the certification statement provided in § 1508.10 and shall be signed by an authorized representative in accordance with § 1508.11.

Compliance Schedule Progress Reports (applicable to Industrial Users subject to a compliance schedule). Not later than fourteen (14) days following each date in a schedule and the final date for compliance, the Industrial User shall submit a progress report to WASA including, at a minimum, whether or not the Industrial User complied with the compliance deadlines and, if not, the date on which the Industrial User expects to comply with the compliance deadlines, the reason for delay, and the steps being taken by the Industrial User to return to the established compliance schedule. In no event shall more than nine (9) months elapse between such progress reports to WASA.

Ninety (90) Day Compliance Reports shall be submitted under the following conditions:

Final Compliance Reports shall be submitted by existing Industrial Users within ninety (90) days following the date for final compliance with the applicable pretreatment standards in a compliance schedule;

Final Compliance Reports shall be submitted by Categorical Industrial Users within ninety (90) days following the date for final compliance with the applicable Categorical Pretreatment Standards;

Initial Compliance Reports shall be submitted by New Source Categorical Industrial Users within ninety (90) days following commencement of the discharge to the District’s wastewater system; and

Both the ninety (90) Day Final and Initial Compliance Reports shall include the information described in § 1508.5(c)(4) – (11).

Pretreatment Facilities Operation and Maintenance Certification. In addition to the certification requirements associated with the discharge monitoring reports, WASA may request that Industrial Users submit a list of their pretreatment facilities and a certification stating that their pretreatment facilities are being properly operated and maintained. If WASA makes the request, the following certification statement shall be signed by an authorized representative in accordance with § 1508.11 and submitted to WASA:

Based on my inquiry of the person or persons directly responsible for operating and maintaining the pretreatment facilities, I certify under penalty of law that, to the best of my knowledge and belief that during the period from [specify month, day, year] to [specify month, day, year], the facility described as [specify facility name] located at [provide address] has properly operated and maintained all pretreatment facilities in accordance with manufacturers’ recommendations and District and WASA regulations. This certification is based on the following information: [provide supporting documentation that may include, but is not limited to, the following: operating logs; cleaning, inspection, and/or maintenance records; preventive maintenance work orders; equipment calibration records; and equipment repair or replacement records]. I am aware that there are significant penalties for submitting false information, including the possibility of having to pay a fine and imprisonment for knowingly doing so.

Annual Certification by Non-Significant Categorical Industrial Users. A facility determined to be a Non-Significant Categorical Industrial User pursuant to 40 C.F.R. § 403.3(v)(2) shall annually submit the following certification statement, signed by an authorized representative in accordance with § 1508.11:

Based on my inquiry of the person or persons directly responsible for managing compliance with the Categorical Pretreatment Standards under 40 C.F.R. Parts 405-471 [specify applicable section], I certify under penalty of law that, to the best of my knowledge and belief that during the period from [specify month, day, year] to [specify month, day, year]: (a) The facility described as [specify facility name] located at [provide address] met the definition of a Non-Significant Categorical Industrial User as described in 40 C.F.R. § 403.3(v)(2); (b) the facility complied with all applicable pretreatment standards and requirements during this period; and (c) the facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period. This compliance certification is based on the following information [provide supporting documentation]. I am aware that there are significant penalties for submitting false information, including the possibility of having to pay a fine and imprisonment for knowingly doing so.

General Certification Statement. Industrial Users shall include the following certification statement in the submission of all applications, reports, waiver requests, notices to WASA (except for Pretreatment Facilities Operation and Maintenance Certification, and annual certification by Non-Significant Categorical Industrial Users):

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of having to pay a fine and imprisonment for knowing violations.

Signature Requirements. All applications, reports, certifications, and notices shall be signed as follows:

By a responsible corporate officer, if the Industrial User is a corporation;

By a general partner or proprietor if the Industrial User is a partnership or sole proprietorship, respectively;

By a duly authorized representative of the individual designated in paragraphs (a) and (b) of this subsection if:

The authorization is made in writing by the individual described in paragraphs (a) or (b);

The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, general manager, facility manager, operator of a well, or well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and

The written authorization is submitted to WASA; and

If an authorization under paragraph (c) of this subsection is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of paragraph (c) of this subsection shall be submitted to WASA prior to or together with any reports to be signed by an authorized representative.

A written report or certification received by WASA after a specified due date shall be deemed a late report or certification and the Industrial User shall be subject to enforcement action in accordance with § 1513.

History

SOURCE: Final Rulemaking published at 33 DCR 6194, 6201 (October 10, 1986); as amended by Final Rulemaking published at 47 DCR 2948 (April 28, 2000); as amended by Notice of Final Rulemaking published at 59 DCR 1021, 1052 (February 10, 2012).

21 DCMR § 1509 TEMPORARY DISCHARGE AUTHORIZATION

Temporary Discharge Authorization (TDA) Permits are issued for a limited period of time to Users who have a need to discharge directly or indirectly into a catch basin, manhole or other conduit that is connected to the combined sewer or sanitary sewer.

All Users who are issued a TDA Permit shall comply with the requirements of this subchapter and the requirements of §§ 1501-1503, 1506-1508, 1512, and 1514-1516.

In an emergency situation, WASA may, upon request, authorize a User to discharge directly to a catch basin or manhole connected to the combined sewer or sanitary sewer for a limited period of time, provided the User submits a TDA Permit application within seventy-two (72) hours of the emergency situation.

A TDA Permit may be issued to Users to permit the discharge of treated or untreated groundwater, surface water, storm water, or other discharges including but not limited to, swimming pool drainage, wash water, and hydrodemolition waters. TDA Permit’s may be issued to permit the discharge of groundwater from remediation sites, dewatering at construction or restoration sites, and other sources.

The TDA Permit may be issued under the following conditions:

The discharge consists entirely of treated or untreated non-wastewater flows or other approved wastewater discharges and is being discharged to the combined sewer system or consists of contaminated non-wastewater flows or approved wastewater discharges to the sanitary sewer system in conformance to § 1501.16(a);

The Users have no other reasonable means for disposal; and

The average daily volume of discharge for treated or untreated non-wastewater flows or other approved wastewater is:

Less than twenty-five thousand gallons per day (25,000 gal./day);

Greater than twenty-five thousand gallons per day (25,000 gal./day) and the discharge (prior to treatment) does not exceed the District’s Pretreatment Standards; or

Greater than twenty-five thousand gallons per day (25,000 gal./day), the discharge (prior to treatment) exceeds the District’s Pretreatment Standards, and WASA grants the User an exemption to discharge based on the duration, nature and location of the discharge. If WASA does not grant the User an exemption, the User shall apply for a Significant Non-Categorical Industrial User permit.

TDA Permits shall have a maximum term of two (2) years and may be reissued as authorized by WASA, following submittal of a new application at least fourteen (14) days prior to the expiration of the TDA permit.

The TDA Permit application shall include the following information:

Name, address, and contact information;

Project address (including square and lot number);

Permit information, including, but not limited to, WASA’s sheeting and shoring permit, and the District’s sediment and erosion control permit, as applicable;

Project description, including, but not limited to, a description of the proposed pretreatment facilities for contaminated sites;

Description of discharge to include daily maximum flow and rate of discharge;

Results from laboratory analysis of a representative sample of the water to be discharged (if applicable);

Discharge location map;

Design plan (for remediation projects), dewatering plan and geotechnical report (for construction projects), and site assessment report, if available; and

Certification statement (included on the application) signed by an authorized representative of the applicant in accordance with § 1508.11.

After evaluation of the information submitted, WASA may:

Deny any application for a TDA Permit; or

Issue an invoice for the applicable TDA Permit fees as provided in chapter 1 of this title. Upon payment, WASA shall issue a TDA Permit subject to terms and conditions provided in the TDA Permit.

Upon review of the TDA Permit application or subsequent monitoring data, WASA may require the User to provide pretreatment of the wastewater prior to discharge to the District’s wastewater system in accordance with § 1502.

Any User that is issued a TDA Permit shall comply with all permit conditions as established by WASA. Discharge of wastewater without a permit shall be prohibited, unless authorized by WASA.

Any User that is issued a TDA Permit shall monitor the volume of discharge and perform sampling and analysis of the wastewater discharged as required by the TDA Permit.

Reports shall be submitted to WASA as required by the TDA Permit and shall include, but not be limited to, average daily flow, analytical data, and chain-of-custody documentation. All reports shall include the certification statement provided in § 1508.10 and shall be signed by an authorized representative in accordance with § 1508.11.

A sanitary sewer service charge shall apply based on the measured quantity of water discharged to the wastewater system under the TDA Permit in accordance with D.C. Official Code § 34-2107 (2008 Repl.) and 21 DCMR § 207.

Unless otherwise permitted under District law, the temporary discharge of groundwater or surface water to the District’s wastewater system without a TDA Permit or in violation of a TDA Permit as provided in this section shall be subject to enforcement action as provided in § 15 of the Act and as provided in §§ 1513 and 1517.

A TDA Permit may be suspended, terminated, or denied for good cause including, but not limited to, the following:

Information indicating that the permitted discharge poses a threat to the District’s wastewater system, WASA personnel, or the public;

Violation of any terms or conditions of the TDA Permit;

Obtaining a TDA Permit by misrepresentation or failure to disclose fully, all relevant facts;

The unauthorized discharge of wastewater from non-domestic sources;

Denying WASA personnel access to a facility for purposes of collecting a sample and/or obtaining instrument readings; and

Failure to pay applicable fees.

Users may petition the General Manager to reconsider the issuance, suspension, termination or denial of a TDA Permit or the terms or conditions of a TDA Permit within fifteen (15) calendar days of the effective date of the TDA Permit by submission of a Permit Appeal form. The submission of a Permit Appeal for reconsideration shall not stay compliance with TDA Permit conditions.

Failure to submit a timely Permit Appeal for review shall be deemed to be a waiver of administrative appeal unless the General Manager grants a time extension.

In the Permit Appeal, the User shall indicate the discharge permit provisions objected to, the reasons for the objection, and the alternative condition, if any, it seeks to place in the TDA Permit.

The General Manager will review and make a final decision on the Permit Appeal. The General Manager will send the User the final decision.

If the General Manager denies the Permit Appeal or the User is not satisfied with the General Manager’s final decision, the Permittee may appeal the Permit Appeal decision as set forth in § 1519 by filing a petition for an administrative hearing within fifteen (15) calendar days of the date of the General Manager’s final decision. The petition for an administrative hearing shall be filed in accordance with the requirements set forth in 21 DCMR § 412.

History

SOURCE: Final Rulemaking published at 33 DCR 6194, 6201 (October 10, 1986); as amended by Final Rulemaking published at 47 DCR 2948 (April 28, 2000); as amended by Notice of Final Rulemaking published at 59 DCR 1021, 1059 (February 10, 2012); as amended by Final Rulemaking published at 69 DCR 000482 (January 21, 2022).

21 DCMR § 1510 HAULED WASTEWATER

Unless authorized by DC Water, it shall be unlawful for any User to dispose of any hauled wastewater, comprising liquid or solid and liquid wastes, removed from septic tanks, grease abatement systems, portable toilets, or wastes from any other source, anywhere in the District of Columbia except at the Septage Receiving Facility located at the wastewater treatment facility at 5000 Overlook Ave., S.W.

Any User intending to discharge hauled wastewater in the District of Columbia, shall apply for and obtain a Waste Hauler Discharge Permit.

The application for issuance of a Waste Hauler Discharge Permit shall be submitted to DC Water at least thirty (30) days prior to discharge for a new permit or the expiration of a current permit and shall include the following information:

Name, address, and contact information;

Vehicle information for each vehicle used to discharge waste at the DC Water Septage Receiving Facility, including:

Make, model and year of the vehicle;

Tag number;

State of registration;

Serial number;

Tank capacity;

Garage address; and

Insurance coverage;

Estimated number of loads per week;

Services provided (type of waste and service area);

List of commercial and industrial customers (if applicable) and type of waste or waste source;

Waste characterization data, if requested by DC Water;

Operating permits (if applicable); and

Certification statements (included on the application), signed by an authorized representative in accordance with § 1508.11.

After evaluation of the information submitted, DC Water may:

Deny any application for a Waste Hauler Discharge Permit; or

Issue an invoice for the payment of Waste Hauler Discharge Annual Permit Fee as provided in chapter 1 of this title, and upon payment, issue a Waste Hauler Discharge Permit subject to terms and conditions provided in the Waste Hauler Discharge Permit.

Upon receiving a Waste Hauler Discharge Permit, the Waste Hauler shall comply with all permit conditions. Discharge of wastewater without a permit shall be prohibited, unless authorized in writing by DC Water.

Waste Hauler Discharge Permits shall be effective for a period of one (1) year and may contain any or all of the following conditions:

Statement of duration;

Statement of non-transferability;

Load restrictions;

Manifest requirements;

Right of refusal;

Hours of operation, and procedures for discharging outside of the normal hours of operation; and

Additional requirements as DC Water may determine.

Waste Hauler Discharge Permits are not transferable, unless DC Water specifically authorizes in writing.

The permittee shall notify DC Water immediately if their license plate or registration changes on any of their permitted vehicles.

Upon receiving notification from the permittee pursuant to 21 DCMR § 1510.8, DC Water shall issue a revised Waste Hauler Discharge Permit.

The following wastes may not be discharged to the Septage Receiving Facility:

Waste that is not compatible with the District’s wastewater treatment process, including, but not limited to, wastewater or additives containing petroleum products, solvents, formaldehyde, or 1,4-dichlorobenzene shall not be discharged at the Septage Receiving Facility.

Hazardous waste or waste from trucks or tanks that previously contained hazardous waste.

Waste from water or wastewater treatment plants or other non-domestic sources shall not be discharged at the Septage Receiving Facility unless DC Water specifically authorizes in writing. DC Water may require characterization of the discharge prior to authorization to discharge.

Waste from water or wastewater treatment plants or other non-domestic sources, except grease trap waste, shall not be mixed with waste from domestic sources.

The waste hauler shall submit a manifest form to DC Water prior to entering the Blue Plains facility which shall contain the following information on each load:

Company name and Waste Hauler Discharge Permit number;

Vehicle make, model, and license number;

For each source, the customer’s name, address and volume of hauled waste;

Type of waste(s) (for example: grease trap, and septic tank);

Total volume of the load; and

Driver certification statement.

Disposal into the Septage Receiving Facility shall be in accordance with the following provisions:

No waste hauler may discharge without prior written authorization by DC Water.

Unless exempted by DC Water in writing, all loads shall comply with the District’s pretreatment standards as provided in 21 DCMR § 1501;

DC Water reserves the right to refuse acceptance of any load;

A waste hauler may be required to provide a waste analysis of any load prior to discharge;

A waste hauler may be required to cease unloading operations at any time;

In the case of composite loads, any part of the load that is restricted or prohibited shall make the entire load unacceptable for discharge;

Upon request, any Waste Hauler shall provide DC Water personnel with access to the wastewater contained in the vehicle for collecting samples or taking instrument readings;

All haulers shall clean up all spills resulting from their discharge activity at the Septage Receiving Facility;

Additional expenses may be charged to the hauler if DC Water has to clean up any spills or deposits, unclog the septage discharge lines, or repair damage occurring as the result of the hauler’s discharge activity; and

Additional requirements as specified by DC Water in writing.

Except as authorized by DC Water, the discharge of truck-hauled wastewater without a permit or in violation of a permit shall be punishable as provided in § 15 of the Act and as provided in 21 DCMR §§ 1513, 1516, and 1517.

A Waste Hauler Discharge Permit may be suspended, terminated, or denied for good cause including, but not limited to, the following:

Information indicating that the permitted discharge poses a threat to the treatment system or DC Water personnel;

Violation of any terms or conditions of the Waste Hauler Discharge Permit;

Obtaining a Waste Hauler Discharge Permit by misrepresentation or failure to disclose fully, all relevant facts;

The unauthorized discharge of wastewater from non-domestic sources;

Denying DC Water personnel access to a vehicle or its contents for purposes of collecting a sample and/or obtaining instrument readings;

Failure to obtain or maintain appropriate current hauling licenses or permits from Federal, State, or local agencies;

Failure to pay fees, including late fees, or administrative penalties or fines;

Falsification of, failure to complete, or failure to fully disclose all relevant facts in any report, manifest form, or record required by the permit or requested by DC Water;

Failure to comply with an enforcement action issued by DC Water; and

Failure to clean up a spill or report a blockage.

Waste Hauling Disposal Fees shall be assessed monthly in accordance with the fee schedule provided in 21 DCMR § 112.6 for each load of hauled wastewater received at the Septage Receiving Facility, based on the volume and type or strength of wastewater discharged.

DC Water may establish custom waste hauling disposal fees for:

Waste generated outside the Blue Plains Service Area.

Commercial (other than grease traps or interceptors) and industrial hauled waste based on the waste characteristics and other factors including, but not limited to, potential risk and wastestream variability.

Custom waste hauler disposal fees may be revised by DC Water, at any time, based on new waste characteristic data and information.

Additional fees may be assessed for hauled wastewater discharged outside of normal hours of operation, as determined by DC Water.

DC Water shall determine the volume of wastewater discharged for billing based on either:

The actual volume of sewage discharged as determined by a method acceptable to DC Water; or

The carrying capacity or a percentage of the carrying capacity of the waste hauler’s vehicle, if the actual volume of sewage discharged cannot be determined by a method acceptable to DC Water.

Users may petition the General Manager to reconsider the issuance, suspension, termination or denial of a Waste Hauler Discharge Permit or the terms or conditions of a Waste Hauler Discharge Permit within fifteen (15) calendar days of the effective date of the Waste Hauler Discharge Permit by submission of a Permit Appeal form. The submission of a Permit Appeal for reconsideration shall not stay compliance with Waste Hauler Discharge Permit conditions.

Failure to submit a timely Permit Appeal for review shall be deemed to be a waiver of administrative appeal unless DC Water grants a time extension.

In the Permit Appeal, the User shall indicate the discharge permit provisions objected to, the reasons for the objection, and the alternative condition(s), if any, it seeks to place in the Waste Hauler Discharge Permit.

The General Manager will review and make a final decision on the Permit Appeal. The General Manager will send the User the final decision.

If the Permit Appeal is denied by the General Manager or the User is not satisfied with the General Manager’s final decision, the User may appeal the Permit Appeal decision as set forth in 21 DCMR § 1519 by filing a petition for an administrative hearing within fifteen (15) calendar days of the date of the General Manager’s final decision. The petition for an administrative hearing shall be filed in accordance with the requirements set forth in 21 DCMR § 412.

History

SOURCE: Final Rulemaking published at 33 DCR 6194, 6202 (October 10, 1986); as amended by Final Rulemaking published at 47 DCR 2948 (April 28, 2000); as amended by Notice of Final Rulemaking published at 59 DCR 1021, 1062 (February 10, 2012); as amended by Final Rulemaking published at 65 DCR 0437 (January 19, 2018). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1510

21 DCMR § 1511 HIGH STRENGTH WASTE FEES

Permitted Significant Industrial Users discharging high strength wastewater into the District’s wastewater system shall be assessed a high strength waste fee, in addition to the normal sewer charges, which are based on the volume of wastewater discharged and average daily concentration for the high strength waste constituent.

The high strength waste fee shall be applied to those permitted discharges whose average daily concentration exceeds one (1) or more of the following domestic strength wastewater concentrations:

Biochemical Oxygen Demand (BOD) of three hundred milligrams per liter (300 mg/L) or Chemical Oxygen Demand (COD) of six hundred milligrams per liter (600 mg/L);

Total Suspended Solids (TSS) of three hundred milligrams per liter (300 mg/L);

Total Kjeldahl Nitrogen (TKN) or Total Nitrogen (TN) of forty- five milligrams per liter (45 mg/L); and

Total Phosphorus (TP) of six milligrams per liter (6 mg/L).

High strength waste fees may be applied to additional constituents for other high strength wastewater based on criteria determined by DC Water, which shall be computed in a similar manner provided in 21 DCMR § 1511.4.

The high strength waste fee shall be computed using the following formula for those constituents exceeding the values specified in 21 DCMR § 1511.2:

High Strength Waste Fee = V x 8.34 x [FB x (AB-300 or ½(AC-600)) +

FS x (AS-300) + FN x (AN-45) + FP x (AP-6)]

Where:

V = volume of sewage in millions of gallons discharged by the Significant Industrial User during the billing period.

FB = the cost for treating BOD expressed in dollars/pound.

AB = the average daily concentration of BOD in the sewage discharged expressed in mg/L.

AC = the average daily concentration of COD in the sewage discharged expressed in mg/L.

Use the higher value of AB-300 or ½(AC-600).

FS = the cost for treating TSS expressed in dollars/pound.

AS = the average daily concentration of TSS in the sewage discharged expressed in mg/L.

FN = the cost for treating TKN or TN expressed in dollars/pound.

AN = the average daily concentration of TKN or TN in the sewage discharged expressed in mg/L.

FP = the cost for treating TP expressed in dollars/pound.

AP = the average daily concentration of TP in the sewage discharged expressed in mg/L.

The cost for treating each high strength waste constituent shall be determined by DC Water as provided in 21 DCMR § 112.6.

The volume of sewage from the Significant Industrial User shall be determined based upon either:

(a) Metered or estimated water consumption for the billing period; or

(b) Metered or estimated wastewater discharge entering the sewer system.

If estimated flows are used, the procedure for determining the flows shall be submitted by the Significant Industrial User and approved by DC Water.

If metered wastewater discharged to the sewer system is used, the Significant Industrial User shall provide and maintain at their own expense, metering facilities as required to indicate accurately, to the satisfaction of DC Water, the volume of discharge to the sewer system.

Flow data shall be submitted to DC Water in a format and content acceptable to DC Water monthly or at a frequency specified by DC Water.

If wastewater flow data provided by the Significant Industrial User is not submitted to DC Water by the specified date, DC Water may calculate the high strength waste fee using the metered water consumption.

The average daily concentration of each constituent shall be in a format and content specified by DC Water and submitted monthly or at a frequency specified by DC Water.

The average daily concentration shall be based on one or more of the following:

(a) All sampling and analysis results from sampling conducted by DC Water during the assessment period.

(b) All sampling and analysis results from sampling conducted by the Significant Industrial User during the assessment period, or as specified by DC Water, that DC Water determines is characteristic of the overall nature of such discharge.

(c) Historical records for the Significant Industrial User or other Significant Industrial Users having similar discharge characteristics.

A Significant Industrial User may challenge the high-strength waste fee assessment or appeal the General Managers final decision in accordance with the procedures set for in Chapter 4 of this title.

History

SOURCE: Final Rulemaking published at 33 DCR 6194, 6202 (October 10, 1986); as amended by Final Rulemaking published at 47 DCR 2948 (April 28, 2000); as amended by Notice of Final Rulemaking published at 59 DCR 1021, 1067 (February 10, 2012); as amended by Final Rulemaking published at 65 DCR 0437 (January 19, 2018). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1511

21 DCMR § 1512 RECORDKEEPING AND CONFIDENTIALITY

All Users shall retain, preserve, and make available for inspection and copying by the District, WASA, or EPA any records, books, documents, memoranda, reports, correspondence, and any summaries of these materials relating to testing, internal or external monitoring, sampling, investigative, and chemical analyses made by or on behalf of a User in connection with its discharge (whether such monitoring is required by this chapter), and documentation associated with its Best Management Practices pursuant to this chapter, for no less than three (3) years from the date of preparation, drafting, or memorialization. Permits shall be maintained for three (3) years from the date of expiration.

Notwithstanding § 1512.1, the User shall retain and preserve all records which pertain or may pertain to matters which are the subject of enforcement or litigation activities or proceedings initiated by the District, WASA, or EPA until such enforcement activities have concluded and all periods of appeal have expired.

Users shall make such records available for inspection and copying by the District, WASA or EPA and shall submit any or all of the information described in § 1512.1 and 1512.2 to WASA, the District or EPA upon demand and as required in the Wastewater Discharge Permit.

User information and data provided to WASA shall be available to the public or to any government agencies in accordance with section 10 of the Wastewater System Regulation Amendment Act of 1985 (D.C. Law 6-95; D.C. Official Code § 8-105.09 (2008 Repl. & 2011 Supp.)).

Information and data, which would disclose trade secrets or secret processes, shall be withheld from public inspection as provided in section 10 of the Act, D.C. Official Code § 8-105.09 (2008 Repl. & 2011 Supp.)).

In accordance with 40 C.F.R. Part 2, any information submitted to WASA may be claimed as confidential by the submitter.

The claim for confidentiality shall be asserted at the time of submission in the manner prescribed on the application form or instructions, or, in the case of other submissions, by stamping the words “confidential business information” on each page containing such information.

If no claim of confidentiality is made at the time of submission, WASA may make the information available to the public without further notice.

If a claim is asserted, the information will be treated in accordance with the procedures in 40 C.F.R. Part 2.

Effluent data, as defined in 40 C.F.R. § 2.302, which is provided to WASA shall be available to the public without restriction.

All other information which is submitted to WASA shall be available to the public at least to the extent provided by 40 C.F.R. § 2.302.

Information accepted by the Mayor or WASA as confidential shall not be transmitted to any governmental agency, except EPA as provided in D.C. Official Code § 8-105.09 (2008 Repl. & 2011 Supp.), unless written notification is sent to the User at least ten (10) days before transmitting the information.

History

SOURCE: Final Rulemaking published at 33 DCR 6194, 6202 (October 10, 1986); as amended by Final Rulemaking published at 47 DCR 2948 (April 28, 2000); as amended by Notice of Final Rulemaking published at 59 DCR 1021, 1069 (February 14, 2012).

21 DCMR § 1513 ADMINISTRATIVE ENFORCEMENT REMEDIES

When WASA finds or suspects that a User’s discharge has a potential to violate any provision of the Act or this chapter, an individual wastewater discharge permit, order issued hereunder, or any other Pretreatment Standard or requirement, WASA may issue that User a written Notice of Warning which shall include:

Date and location of the potential violation, if applicable;

Pretreatment standard or requirement potentially violated; and

Recommended actions to prevent a violation.

Date and location of the potential violation, if applicable;

Pretreatment standard or requirement potentially violated; and

Follow-up monitoring, corrective action, or other response requirements.

When WASA finds that a User’s discharge violated, or continues to violate, any provision of the Act or this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or requirement, WASA may issue that User a written Notice of Violation which shall include:

Date and location of the violation;

Pretreatment standard or requirement violated and the concentration in the wastewater discharge, if applicable; and

Follow-up monitoring, corrective action, or other response requirements.

Within fourteen (14) calendar days of the receipt of the Notice of Violation or as specified by WASA, the User shall submit to WASA an explanation of the violation and a corrective action plan for the satisfactory correction and prevention thereof, to include specific required actions. Submission of such a corrective action plan in no way relieves the User of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this chapter shall limit the authority of WASA to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation.

WASA may require any User to submit for approval a detailed time schedule for specific actions which the User shall implement in order to either prevent a discharge, or to correct a source or cause of the violation. WASA may modify such time schedule as appropriate prior to approval. WASA may require such notification as necessary to carry out the purposes of the Act and this chapter.

Whenever WASA has reason to believe that a User is violating the Act, or this chapter, WASA may issue a Notice of Infraction and Proposed Order as set forth in §§ 1513 and 1514.

The Notice of Infraction shall include the following:

The nature, time, and place of the violation (with reasonable specificity);

The corrective or remedial action to be taken and any fines imposed or other amounts sought in accordance with this chapter;

The date upon which the Proposed Order shall become effective; and

The procedure by which a User may answer a Notice of Infraction and Proposed Order and request a hearing, along with notification that failure to answer may lead to the adoption of some or all of the Proposed Order.

The Proposed Order may direct the User to do the following:

Eliminate the violation;

Comply with the provisions of this chapter;

Take specific actions to avoid future violations;

Pay fines, costs, or other amounts, as authorized by this chapter; and

Comply with the schedule for completion of any of the directives of the Proposed Order.

The Proposed Order may provide for the suspension or revocation of any permit issued by WASA pursuant to this subchapter, or the suspension or revocation of any contract or agreement between the User and WASA, to the extent that such permit, contract, or agreement authorizes the User to discharge into the District's wastewater system.

In the event of an actual or threatened discharge to the District's wastewater system which, in the sole discretion of WASA, reasonably appears to present an imminent danger to the health or welfare of persons, WASA may, after informal notice to the discharger, suspend water service to any User who is or may be responsible for the discharge as is necessary to avoid or abate the danger. WASA is not required to conduct a hearing before taking such action.

In the event of an actual or threatened discharge to the District's wastewater system which, in the sole discretion of WASA, reasonably appears to present an imminent danger to the environment or the operation or integrity of the District's wastewater system, WASA may, after providing notice and an opportunity to respond to the User, suspend water service to any User who is or may be responsible for the discharge as is necessary to avoid or abate the danger.

A User notified of a suspension of its discharge shall immediately stop or eliminate the discharge. In the event of a User’s failure to immediately comply voluntarily with the notice of suspension, WASA may, in addition to suspending water service, take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the District’s wastewater system, its receiving stream, or endangerment to any individuals.

Any notice or opportunity to respond to which WASA is required under the United States Constitution to provide to a User as a result of any action taken by WASA pursuant to § 1513.9 or § 1513.10, is not required to be provided or conducted pursuant to subchapter I of chapter 5 of title 2 of the District of Columbia Official Code.

WASA's decision to suspend service may be appealed as set forth in § 1519 by filing a petition for an administrative hearing within fifteen (15) calendar days of the date of the notice of suspension as set forth in 21 DCMR § 412.3.

The filing of an appeal of WASA's decision shall not stay suspension or termination of service.

WASA shall restore the water service and allow the User to recommence its discharge as soon as practical after the emergency situation has been corrected and the User has demonstrated to the satisfaction of WASA that the period of endangerment has passed, unless WASA has terminated the Users permit.

The permit of any User who violated the Act, any provision of this chapter or applicable federal law or regulations may be revoked.

WASA may immediately revoke any Wastewater Discharge Permit in any case in which a violation of any provision of the Act or this chapter is known or found to exist or where a discharge or wastewater causes or threatens to cause a condition of interference, pollution, or nuisance as defined in this chapter. Revocation of a permit alone is sufficient grounds for termination of water service.

History

SOURCE: Final Rulemaking published at 33 DCR 6194, 6202 (October 10, 1986); as amended by Final Rulemaking published at 47 DCR 2948 (April 28, 2000); as amended by Notice of Final Rulemaking published at 59 DCR 1021, 1071 (February 10, 2012).

21 DCMR § 1514 ENFORCEMENT PROCEDURES

Any notice, order, pleading, or other document produced by a party, including WASA, in response to an enforcement action brought pursuant to section 8 of the Wastewater System Regulation Act of 1985 (D.C. Law 6-95; D.C. Official Code § 8-105.07 (2008 Repl. & 2011 Supp.)), shall be served on all of the other party(s) to the action, by hand delivery or by first class mail to the address of record of each party.

The address of record for:

Any party who has applied for, or been issued, a wastewater discharge permit pursuant to the Wastewater System Regulation Act, shall be the address specified on the permit application, unless that party provides written notice to WASA and to the other party(s) to the action that a different address should be used;

WASA shall be, Office of the General Manager - Administrative Enforcement Proceedings, D.C. Water and Sewer Authority, 5000 Overlook Ave, SW, Washington, D.C. 20032; and

Any other party shall be the last known address of that party, unless that party provides written notice to WASA and any other party to the action that a different address should be used.

Service upon a party, or an attorney representing a party, shall occur at the time of hand delivery; or, if service is done by mail, by the date of the postmark on the envelope in which the document was sent, plus three (3) business days.

An answer to a Notice of Infraction and Proposed Order, shall be served on WASA, and any other party to the action, within thirty (30) days after the date of service of the Notice of Infraction and Proposed Order.

A response to any motion filed in an action shall be served on all the parties within thirty (30) days after the date of service of the motion or other pleading.

The hearing examiner may extend the thirty (30) day deadline imposed by this section upon a showing of good cause by the party seeking the extension.

Unless otherwise directed by the hearing examiner, all requests to the hearing examiner for an order or other relief, except for the Proposed Order accompanying WASA's Notice of Infraction, shall be made by motion, in writing, except that motions made during a hearing may be made orally.

The hearing examiner may decide a motion with or without a hearing.

If a moving party fails to appear at a hearing on its motion, the hearing examiner may treat the motion as withdrawn, and the motion may be refiled only with the permission of the hearing examiner, upon a showing of good cause by the moving party.

If the opposing party fails to appear at the hearing, the hearing examiner may treat the motion as conceded and grant the motion, except that the opposing party may request that the hearing examiner vacate the order granting the motion, upon a showing of good cause by the opposing party.

All parties are encouraged to engage in voluntary discovery. Discovery may be obtained by any of the following methods:

Depositions upon oral examination or written questions;

Written interrogatories;

Requests for production of documents or other intangible things;

Requests to conduct site visits; and

Requests for admissions.

Responses to requests for discovery shall be provided within thirty (30) days unless the parties agree to a different deadline or the hearing examiner, upon motion by one of the parties and for good cause shown, establishes a different deadline.

If a party fails to permit or provide discovery, an aggrieved party may file a motion to compel discovery with the hearing examiner.

When determining whether to admit any material or testimony into evidence, the hearing examiner shall be guided by the rules of evidence applicable in civil proceedings in the D.C. Superior Court. If the hearing examiner concludes that the admission of evidence that would not be permitted by the court would be helpful to the determination of the matter before him or her, the hearing examiner may admit that testimony or material into evidence.

History

SOURCE: Final Rulemaking published at 33 DCR 6194, 6202 (October 10, 1986); as amended by Final Rulemaking published at 47 DCR 2948 (April 28, 2000); as amended by Notice of Final Rulemaking published at 59 DCR 1021, 1074 (February 10, 2012).

21 DCMR § 1515 ANNUAL NOTICE OF SIGNIFICANT VIOLATIONS

WASA shall publish annually a list of the Industrial Users in significant noncompliance with the pretreatment standards and requirements in the preceding calendar year in a newspaper(s) of general circulation that provides meaningful public notice within the jurisdiction(s) served by WASA.

The notification shall summarize the nature of the significant noncompliance and any enforcement action taken against the Industrial User during the same twelve (12) month period.

For the purposes of this section, a Significant Industrial User (or any Industrial User which violates § 1515.3(c), (d), or (h)) is in significant noncompliance with the pretreatment standards and requirements if its violation meets one (1) or more of the following criteria:

Chronic violations of wastewater discharge limits, which are violations in which sixty-six percent (66%) or more of all the measurements taken for the same pollutant parameter during a six (6) month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 C.F.R. § 403.3(l);

Technical Review Criteria (TRC) violations, which are violations in which thirty-three percent (33%) or more of all of the measurements taken for the same pollutant parameter during a six (6) month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 C.F.R. § 403.3(l) multiplied by the applicable TRC (TRC = 1.4 for Biochemical Oxygen Demand, Total Suspended Solids, Fats, Oil, and Grease, and 1.2 for all other pollutants except pH);

Any other violation of a pretreatment standard or requirement as defined by 40 C.F.R. § 403.3(l) (daily maximum, long-term average, instantaneous limit, or narrative standard) that WASA determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of WASA or District personnel or the general public);

Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in WASA’s exercise of its emergency authority pursuant to 40 C.F.R. § 403.8(f)(1)(vi)(B) and D.C. Official Code § 8-105.12 (2008 Repl. & 2011 Supp.)) to halt or prevent such a discharge;

Any violation of the terms of a wastewater discharge permit which remains uncorrected forty-five (45) days after notification of the violation is received by the Industrial User; or any failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone contained in a District or local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;

Failure to provide required reports, such as baseline monitoring reports, ninety (90) day compliance reports, periodic self-monitoring reports, and reports on progress with compliance schedules or orders, within forty-five (45) days after the due date;

Failure to timely and accurately report an instance of noncompliance with the pretreatment standards and requirements; and

Any other violation or group of violations, which may include a violation of Best Management Practices, which WASA determines will adversely affect the operation or implementation of the local pretreatment program or which WASA otherwise considers significant in light of the circumstances.

History

Source: Notice of Final Rulemaking published at 59 DCR 1021, 1075 (February 10, 2012).

21 DCMR § 1516 ADMINISTRATIVE FINES

Any party who violates any of the requirements of the Act or this chapter may be subject to a fine, to be imposed by WASA.

Where a fine is imposed, the initial fine shall be not less than three hundred dollars ($ 300) for each day during which a violation occurs.

If, after committing a violation for which an initial fine was imposed, a party repeats that violation, the daily fine for the more recent violation shall be at least one hundred dollars ($ 100) greater than the daily fine that was imposed for the previous violation, except that no daily fine imposed pursuant to these rules for any of the violations listed below may exceed the specified maximum amounts:

Type of Violation

Maximum fine for each day during which a violation occurs

Recurring failure to monitor discharges or comply with permit requirements, including Best Management Practices

$ 1,000

Unintentional effluent dilution

$ 1,000

Wastestream intentionally diluted in lieu of treatment

$ 10,000

Significant Noncompliance due to Chronic or Technical Review Criteria violations

$ 1,000

Significant Noncompliance due to violations identified in § 1515.3(c)-(h)

$ 10,000

Unintentional prohibited discharges

$ 500

Unintentional prohibited discharges, which cause damage to the District’s wastewater system or endangerment to health, welfare, or the environment

$ 1,000

Intentional prohibited discharges

$ 5,000

Intentional prohibited discharges, which cause damage to the District's wastewater system or endangerment to health, welfare, or the environment

$ 10,000

Failure to report spill or change in discharge

$ 1,000

Falsification or tampering with discharge monitoring equipment

$ 10,000

Negligently operated or maintained pretreatment facility

$ 1,000

Failure to comply with a requirement issued in a Directive Letter or Notice of Violation

$ 500

Failure to comply with compliance schedule deadline imposed in response to a previous violation

$ 1,000

Failure to comply with a procedural order or deadline imposed pursuant to §§ 1513 and 1514 of these regulations

$ 1,000

Failure to pay a fine imposed in response to a previous violation within 60 days

$ 1,000

Failure to apply for or renew a permit (for example., discharging without a permit)

$ 10,000

Recurring failure to provide requested information

$ 1,000

Failure to allow right of entry

$ 1,000

Falsification of data or failure to report or accurately report non-compliance

$ 10,000

Failure to retain records for a minimum of 3 (three) years

$ 1,000

Improper sampling technique

$ 1,000

Failure to perform required monitoring during reporting period

$ 1,000

History

Source: Notice of Final Rulemaking published at 59 DCR 1021, 1077 (February 10, 2012).

21 DCMR § 1517 JUDICIAL ENFORCEMENT REMEDIES

Notwithstanding any other remedial authority conferred by the Act or this chapter, WASA may seek declaratory, injunctive or other appropriate relief to restrain, minimize, halt, prevent, or eliminate a violation or imminent violation of any provision of this chapter.

Any User who violates any provision of the Act or this chapter shall be liable for a civil fine not exceeding ten thousand dollars ($10,000) for each day during which each violation continues, and shall be required to perform any other action needed to correct any harm caused by any violation or to ensure that future violations do not occur as set forth in D.C. Official Code § 8-105.14(a)(2008 Repl. & 2011 Supp.)).

WASA may add any such civil fines and cost to the bill for the User's usual sanitary sewer service charges, high-strength waste fees, wastewater treatment fees, administrative fines, and other fees, or may issue a separate bill for civil fines and costs.

Any User who violates any provision of the Act or this chapter shall be liable to the District and WASA for all expenses, losses, or damages incurred by the District and WASA by reason of the violation.

Any person who intentionally, willfully or recklessly violates any provision of the Act or this chapter shall be punished by a criminal fine not to exceed ten thousand dollars ($10,000) for each day each violation continues, or imprisonment not to exceed one (1) year for each day each violation continues, or both, and to perform any other action needed to correct any harm caused by any violation or to ensure that future violations do not occur, as set forth in D.C. Official Code § 8-105.14(b) (2008 Repl. & 2011 Supp.)).

Any User who knowingly makes any false or misleading statement, representation or certification with respect to any information or data submitted to, or required by, the District pursuant to the Act or this chapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method, samples or the results of same, upon conviction in a court of competent jurisdiction shall be liable for a fine of up to ten thousand dollars ($10,000) for each count of such conviction.

History

Source: Notice of Final Rulemaking published at 59 DCR 1021, 1087 (February 10, 2012).

21 DCMR § 1518 AGREEMENTS WITH USER JURISDICTIONS

1518.1 Each User Jurisdiction proposing to directly or indirectly connect to or discharge into, the wastewater system of the District shall execute a pretreatment agreement with the District before the connection of discharge into the wastewater system.

1518.2 Each User Jurisdiction which is directly or indirectly connected to, or discharging into, the wastewater system of the District as of October 10, 1986, shall maintain an executed pretreatment agreement with the District.

1518.3 For User Jurisdictions in the State of Maryland, the pretreatment agreement shall be executed by the Washington Suburban Sanitary Commission on behalf of Montgomery and Prince George's Counties.

1518.4 The Inter-Municipal Agreement may be executed in lieu of a pretreatment agreement provided that it contains all of the provisions of § 1518.7.

1518.5 Only WASA shall issue Wastewater Discharge Permits to the following Industrial Users of the Potomac Interceptor:

National Park Service;

Metropolitan Washington Airports Authority; and

Department of Navy.

1518.6 Each User Jurisdiction shall provide WASA with at least the following information about every Significant Industrial User located within the User Jurisdiction:

Name, address, office telephone number, Standard Industrial Classification number(s), or North American Industrial Classification number(s);

Volume of wastewater to be discharged;

Wastewater constituents and concentrations, including, but not limited to, biochemical oxygen demand, total suspended solids, ammonia, Total Kjeldahl Nitrogen, or total nitrogen, total phosphorus and pH;

Time and duration of discharge;

Average and thirty (30) minute wastewater flow rates, including daily, monthly and seasonal variations, if any;

Description of activities, facilities, and plant processes in or proposed within the User Jurisdiction, including all materials and types of materials which are or could be discharged to the wastewater system;

Each product produced or to be produced by type, amount and chemical composition; and

Any other information WASA may consider to be necessary to evaluate the User Jurisdiction’s Significant Industrial User.

1518.7 Agreements with User Jurisdictions required to implement pretreatment programs under applicable federal law shall contain the following provisions:

Agreement to diligently enforce a pretreatment program which conforms to the minimum legal requirements contained in the National Pretreatment Regulations (40 C.F.R. Part 403) and any other provisions necessary to implement the requirements of the Act and this chapter;

Explicit incorporation of the following provisions into the User Jurisdiction’s pretreatment program:

(1) A definition for "Significant Industrial User" and “Non-Significant Categorical Industrial User” as set forth in § 1599 of this chapter. User Jurisdictions may elect not to include the provision for a Non-Significant Categorical Industrial User;

(2) A provision requiring any Industrial User responsible for a significant accidental discharge to immediately notify both WASA and the User Jurisdiction;

(3) A provision requiring a Significant Industrial User to immediately notify WASA and the User Jurisdiction of any changes at its facility affecting the potential for a slug discharge;

(4) A provision adopting discharge standards that match or exceed the District's discharge standards;

(5) A provision enabling the User Jurisdiction to enforce the provisions of their regulations and seek injunctive relief and civil and criminal penalties for noncompliance; and

(6) A grant of authority to the User Jurisdiction to require the installation of all monitoring and pretreatment facilities;

Agreement to conduct an industrial waste survey to identify and locate all Industrial Users subject to the pretreatment program, including all Significant Industrial Users and Non-Significant Categorical Industrial Users, if applicable, within the User Jurisdiction;

Agreement to evaluate whether a Significant Industrial User needs a plan or other action to control slug discharges within one (1) year of being designated a Significant Industrial User. For Industrial Users identified as significant prior to November 14, 2005, this evaluation shall have been conducted at least once by October 14, 2006;

Agreement to control through wastewater discharge permits the discharges from each Significant Industrial User and Non-Significant Categorical Industrial User, if applicable, within the User Jurisdiction;

Agreement, if requested to do so, to provide access to, and copies of, all permits and permit applications, industrial monitoring reports, baseline reports, records or violations and enforcement actions taken and any other monitoring or reporting requirements imposed by Federal, state or local regulations. These records shall be maintained for at least three (3) years;

Agreement that any grant of a monitoring waiver by the User Jurisdiction shall be included as a condition in the Industrial User’s control mechanism. The reasons supporting the waiver and any information submitted by the Industrial User in its request for the waiver shall be maintained by the User Jurisdiction for three (3) years after the expiration of the waiver;

Agreement to grant WASA the right to enter and inspect any part of the User Jurisdiction's sewer system and the facilities of Industrial Users within the User Jurisdiction at any reasonable time for the purpose of inspecting the entire premises, taking independent samples, and examining and copying records. The User Jurisdiction shall make all necessary legal and administrative arrangements for these inspections;

Agreement to provide WASA with quarterly pretreatment program reports and annual pretreatment reports; and

Agreement for the User Jurisdiction to enter into a pretreatment agreement with Contributing Jurisdictions where Industrial Users located outside the boundary of the User Jurisdiction are discharging into the Contributing Jurisdiction’s sewer system, which discharges into the User Jurisdiction’s sewer system and ultimately to the District’s wastewater system. Such pretreatment agreements shall be substantially equivalent to the District’s pretreatment agreement with the User Jurisdiction and shall be fully secured prior to a discharge from any Industrial User into the Contributing Jurisdiction’s sewer system.

History

Source: Notice of Final Rulemaking published at 59 DCR 1021, 1079 (February 10, 2012).

21 DCMR § 1519 APPEALS

1519.1 Final decisions of the General Manager shall be subject to review in accordance with the procedures set forth in chapter 4 of this title.

1519.2 An appeal shall be filed within fifteen (15) calendar days from the date of a written decision adversely affecting the rights, duties, or privileges of a User discharging to the District’s wastewater system as provided in § 1519.3 and in accordance with the procedures set forth in 21 DCMR § 412.3.

1519.3 A User may appeal any of the following final decisions made by the General Manager:

Determination that a Users uncontaminated non-wastewater flows are discharging to sewers specifically designated as sanitary sewers;

Determination regarding the issuance, revocation, or non-transferability of a Wastewater Discharge Permit, or the terms and conditions of a Wastewater Discharge Permit;

Determination regarding the issuance, suspension, termination, or denial of a Temporary Discharge Authorization or Waste Hauler Discharge Permit, or the terms and conditions of a Temporary Discharge Authorization or Waste Hauler Discharge Permit;

Decision regarding the high-strength waste fees on a sanitary sewer service bill; and

Determination regarding the suspension of water and sewer service due to an imminent danger to the environment or the operation or integrity of the District's wastewater system.

History

Source: Notice of Final Rulemaking published at 59 DCR 1021, 1082 (February 10, 2012).

21 DCMR § 1520 DENTAL AMALGAM PRETREATMENT STANDARDS

Except as provided in 21 DCMR §§ 1520.2 and .3, the requirements of this section shall not apply to the following exempt Dental Dischargers that:

Exclusively practice one or more of the following dental specialties: Oral pathology, oral and maxillofacial radiology, oral and maxillofacial surgery, orthodontics, periodontics, or prosthodontics;

Discharge wastewater from a mobile unit operated by a dental practitioner; or

Do not discharge any amalgam process wastewater to the District’s wastewater system, such as Dental Dischargers that collect all dental amalgam process wastewater for transfer to a Centralized Waste Treatment facility as defined in 40 CFR part 437.

All active facilities that practiced dentistry in the District of Columbia on or before July 14, 2017, shall submit a Dental Discharge Questionnaire to DC Water by July 16, 2018.

The Dental Discharge Questionnaire, as provided by DC Water, shall include: the facility name, physical address, mailing address, contact information, name of all dental practitioners and owners, type of dental facility, current dental amalgam placement and removal information, discharge information, and signature.

The Dental Discharge Questionnaire and all other records and documents shall be submitted to:

District of Columbia Water and Sewer Authority

Wastewater Treatment/Pretreatment Program Manager

5000 Overlook Avenue, S.W.

Washington, D.C. 20032

Dental Dischargers that do not place dental amalgam, and do not remove amalgam except in limited emergency or unplanned, unanticipated circumstances, and submit the required One-Time Compliance Report to DC Water as required in 21 DCMR § 1520.6(c)(1), are exempt from any further requirements of this section.

Any Existing Dental Discharger subject to the requirements of this section shall achieve the following pretreatment standards by July 14, 2020, except as provided in 21 DCMR §§ 1520.4(a)(1) (iii) and (v), and (2)(vi):

Removal of dental amalgam solids from all amalgam process wastewater by one of the following methods:

Installation, operation, and maintenance of one or more amalgam separators that meet the following requirements:

Compliant with either the American National Standards Institute (ANSI) American National Standard/American Dental Association (ADA) Specification 108 for Amalgam Separators (2009) with Technical Addendum (2011) or the International Organization for Standardization (ISO) 11143 Standard (2008) or subsequent versions so long as that version requires amalgam separators to achieve at least a 95% removal efficiency. Compliance must be assessed by an accredited testing laboratory under ANSI’s accreditation program for product certification or a testing laboratory that is a signatory to the International Laboratory Accreditation Cooperation’s Mutual Recognition Arrangement. The testing laboratory’s scope of accreditation must include ANSI/ADA 108–2009 or ISO 11143.

The amalgam separator(s) must be sized to accommodate the maximum discharge rate of amalgam process wastewater.

A Dental Discharger that operates an amalgam separator that was installed at a dental facility prior to June 14, 2017, satisfies the requirements of paragraphs 1520.4(a)(1)(i) and (ii) of this section until the existing separator is replaced as described in paragraph 1520.4(a)(1)(v) of this section or until June 14, 2027, whichever is sooner.

The amalgam separator(s) must be inspected in accordance with the manufacturer’s operating manual to ensure proper operation and maintenance of the separator(s) and to confirm that all amalgam process wastewater is flowing through the amalgam retaining portion of the amalgam separator(s).

In the event that an amalgam separator is not functioning properly, the amalgam separator must be repaired consistent with manufacturer instructions or replaced with a unit that meets the requirements of paragraphs 1520.4(a)(1)(i) and (ii) of this section as soon as possible, but no later than ten (10) business days after the malfunction is discovered by the Dental Discharger, or an agent or representative of the Dental Discharger.

The amalgam retaining units must be replaced in accordance with the manufacturer’s schedule as specified in the manufacturer’s operating manual or when the amalgam retaining unit has reached the maximum level, as specified by the manufacturer in the operating manual, at which the amalgam separator can perform to the specified efficiency, whichever comes first.

Installation, operation, and maintenance of one or more amalgam removal device(s) other than an amalgam separator. The amalgam removal device must meet the following requirements:

Removal efficiency of at least ninety-five percent (95%) of the mass of solids from all amalgam process wastewater. The removal efficiency must be calculated in grams recorded to three decimal places, on a dry weight basis. The removal efficiency must be demonstrated at the maximum water flow rate through the device as established by the device manufacturer’s instructions for use;

The removal efficiency must be determined using the average performance of three (3) samples. The removal efficiency must be demonstrated using a test sample of dental amalgam that meets the following particle size distribution specifications: sixty percent (60%) by mass of particles that pass through a 3150 µm sieve but which do not pass through a 500 µm sieve, ten percent (10%) by mass of particles that pass through a 500 µm sieve but which do not pass through a 100 µm sieve, and thirty percent (30%) by mass of particles that pass through a 100 µm sieve. Each of these three specified particle size distributions must contain a representative distribution of particle sizes;

The device(s) must be sized to accommodate the maximum discharge rate of amalgam process wastewater;

The devices(s) must be accompanied by the manufacturer’s manual providing instructions for use including the frequency for inspection and collecting container replacement such that the unit is replaced once it has reached the maximum filling level at which the device can perform to the specified efficiency;

The device(s) must be inspected in accordance with the manufacturer’s operation manual to ensure proper operation and maintenance, including confirmation that amalgam process wastewater is flowing through the amalgam separating portion of the device(s);

In the event that a device is not functioning properly, it must be repaired consistent with manufacturer instructions or replaced with a unit that meets the requirements of paragraphs 1520.4(a)(2)(i) through (iii) of this section as soon as possible, but no later than ten (10) business days after the malfunction is discovered by the Dental Discharger, or an agent or representative of the Dental Discharger;

The amalgam retaining unit(s) of the device(s) must be replaced as specified in the manufacturer’s operating manual, or when the collecting container has reached the maximum filling level, as specified by the manufacturer in the operating manual, at which the amalgam separator can perform to the specified efficiency, whichever comes first; and.

The demonstration of the device(s) under paragraphs 1520.4(a)(2)(i) through (iii) of this section must be documented in the One-Time Compliance Report.

Implementation of the following best management practices (BMPs):

Waste amalgam including, but not limited to, dental amalgam from chairside traps, screens, vacuum pump filters, dental tools, cuspidors, or collection devices, must not be discharged to the District’s wastewater system;

Dental unit water lines, chair-side traps, and vacuum lines that discharge amalgam process wastewater to the District’s wastewater system must not be cleaned with oxidizing or acidic cleaners, including, but not limited to bleach, chlorine, iodine and peroxide that have a pH lower than six (6) or greater than eight (8);

Dental chairside traps, vacuum screens, and amalgam separator equipment must not be rinsed in a sink, toilet or into any other sanitary discharge connection;

Dental Discharge facility staff must be trained in the handling and disposal of mercury amalgam materials and waste. Training shall be completed within one year for new hires and all staff shall be retrained once every three (3) years; and

The storage, handling and disposal/recycling of all amalgam waste must be in accordance with District of Columbia, state and federal requirements.

Effective July 14, 2017, any New Dental Discharger subject to the requirements of this section must comply with the requirements of 21 DCMR §§ 1520.4(a) and (b) and the reporting and recordkeeping requirements of 21 DCMR §§ 1520.6 and .7.

Dental Dischargers subject to the requirements of this section must comply with the following reporting requirements:

One-Time Compliance Report deadlines:

For an Existing Dental Discharger, a One-Time Compliance Report must be submitted to DC Water no later than October 12, 2020, or ninety (90) calendar days after a transfer of ownership.

For a New Dental Discharger, a One-Time Compliance Report must be submitted to DC Water no later than ninety (90) calendar days following the first introduction/discharge of wastewater into the District’s wastewater system.

Signature and Certification. The One-Time Compliance Report must be signed and certified by a responsible corporate officer, a general partner or proprietor if the Dental Discharger is a partnership or sole proprietorship, or a duly authorized representative as defined in 21 DCMR § 1599.

The contents of the One-Time Compliance Report shall be as follows:

The One-Time Compliance Report, as provided by DC Water, for Dental Dischargers subject to the requirements of this section that do not place or remove dental amalgam as described at 21 DCMR § 1520.3 must include: facility name, physical address, mailing address, contact information, name of the operator(s) (dental practitioners) and owner(s); and a certification statement that the Dental Discharger does not place dental amalgam and does not remove amalgam except in limited circumstances.

The One-Time Compliance Report, as provided by DC Water, for Dental Dischargers subject to the requirements of this section must include:

The facility name, physical address, mailing address, and contact information;

Name(s) of the operator(s) (Dental practitioners) and owner(s);

A description of the operation at the dental facility including: The total number of chairs, the total number of chairs at which dental amalgam may be present in the resulting wastewater, and a description of any existing amalgam separator(s) or equivalent device(s) currently operated to include, at a minimum, the make, model, year of installation;

Certification that the amalgam separator(s) or equivalent device is designed and will be operated and maintained to meet the requirements specified in 21 DCMR § 1520.4(a);

Certification that the Dental Discharger is implementing BMPs specified in 21 DCMR § 1520.4(b) and will continue to do so;

The name of the third-party service provider that maintains the amalgam separator(s) or equivalent device(s) operated at the dental office, if applicable. Otherwise, a brief description of the practices employed by the facility to ensure proper operation and maintenance in accordance with 21 DCMR § 1520.4(a).

Replacement of amalgam separator or equivalent device. Existing and New Dental Dischargers shall submit an amended One-Time Compliance Report to DC Water no later than ninety (90) days after replacement, if the amalgam separator or equivalent device is replaced after the submittal of the One-Time Compliance Report.

Transfer of ownership notification. If a Dental Discharger transfers ownership of the facility, the new owner must submit a new One-Time Compliance Report to DC Water no later than ninety (90) days after the transfer.

Dental Dischargers subject to the requirements of this section must comply with the following document retention requirements:

As long as a Dental Discharger subject to this section is in operation, or until ownership is transferred, the Dental Discharger or an agent or representative of the Dental Discharger must maintain the One-Time Compliance Report required in Subsection 1520.6 of this section and make it available for inspection in either physical or electronic form.

Dental Discharger or an agent or representative of the Dental Discharger must maintain and make the following documents available for inspection in either physical or electronic form, for a minimum of three (3) years or until updated, whichever is longer:

Documentation of the date, person(s) conducting the inspection, and results of each inspection of the amalgam separator(s) or equivalent device(s), and a summary of follow-up actions, if needed.

Documentation of amalgam retaining container or equivalent container replacement (including the date, as applicable).

Documentation of all dates that collected dental amalgam is picked up or shipped for proper disposal in accordance with 40 CFR § 261.5(g)(3) (Special requirements for hazardous waste generated by conditionally exempt small quantity generator) and 20 DCMR § 4261.7, and the name of the permitted or licensed treatment, storage or disposal facility receiving the amalgam retaining containers.

Documentation of any repair or replacement of an amalgam separator or equivalent device, including the date, person(s) making the repair or replacement, and a description of the repair or replacement (including make and model).

The manufacturers operating manual for the current device.

Documentation of staff training and retraining, including the name of the staff person and date of training.

History

SOURCE: Final Rulemaking published at 65 DCR 0447 (January 19, 2018). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1520

21 DCMR § 1599 DEFINITIONS

1599.1 When used in this chapter, the following words and phrases shall have the meanings ascribed:

Act - The District of Columbia Wastewater System Regulation Act of 1985 (D.C. Law 6-95; D.C. Official Code §§ 8-105.01, et seq. (2008 Repl. & 2011 Supp)), as amended.

Amalgam Process Wastewater - any wastewater generated and discharged by a Dental Discharger through the practice of dentistry that may contain dental amalgam.

Amalgam Separator - a collection device designed to capture and remove dental amalgam from the amalgam process wastewater of a dental facility.

Analytical Testing - all methods of sample collection, preservation, and analysis as prescribed in 40 C.F.R. § 136, "Guidelines Establishing Tests Procedures for the Analysis of Pollutants under the Clean Water Act."

Best Management Practices (BMPs) - schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 C.F.R. § 403.5(a)(1) and (b), and local pretreatment requirements. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

Biochemical Oxygen Demand (BOD) - oxygen utilized in the biochemical oxidation of organic matter in five (5) days at twenty degrees Centigrade (20oC), expressed in milligrams per liter (mg/l) as determined by the methods of Analytical Testing.

Biosolids - wastewater sludge and residue that has been processed through a wastewater treatment system to meet the pathogen reduction and vector attraction reduction requirements of 40 C.F.R. § 503.15 for land application as fertilizer and soil amendment.

Blue Plains - The District of Columbia's Wastewater Treatment Plant at Blue Plains, a POTW.

Categorical Pretreatment Standards or Categorical Standards or National Categorical Pretreatment Standards - any regulation promulgated by the Environmental Protection Agency (EPA) in accordance with Sections 307(b) and (c) of the Clean Water Act which specifies quantities or concentrations of pollutants or pollutant properties which may be discharged to a POTW by existing or new Industrial Users in specific industrial categories provided in 40 C.F.R. Chapter I, Subchapter N, Parts 405-471.

Categorical Wastewater – wastewater subject to National Categorical Pretreatment Standards.

Chemical Oxygen Demand (COD) - the oxygen equivalent of that portion of the organic matter that is susceptible to oxidation by a strong chemical oxidant. The values shall be as determined by the methods of Analytical Testing.

Clean Water Act - the Federal Water Pollution Control Act approved October 18, 1972 (86 Stat. 816; 33 U.S.C. §§ 1251, et seq).

C.F.R. – the Code of Federal Regulations.

Combined Sewer - a sewer which is intended by the District to serve as both a storm sewer and sanitary sewer.

Compatible Pollutants - biochemical oxygen demand, total suspended solids, pH, and fecal coliform bacteria, plus additional pollutants identified by WASA if the wastewater treatment plant in fact removes such additional pollutants to a substantial degree. The term "substantial degree" is not subject to precise definition, but generally contemplates removals in the order of eighty percent (80%) or greater. Minor incidentals removals in the order of ten to thirty percent (10% to 30%) are not considered substantial. Examples of the additional pollutants which may be considered compatible include the following:

(a) Chemical oxygen demand;

(b) Total organic carbon;

(d) Nitrogen and nitrogen compounds.

Contributing Jurisdiction – a jurisdiction whose Industrial Users are located outside the jurisdictional boundary of a User Jurisdiction, but the discharges from the Industrial Users discharge into the User Jurisdiction sewer system and ultimately into WASA’s wastewater system.

Cooling Water - the wastewaters discharged from any system of heat transfer, such as condensation, air conditioning, cooling or refrigeration to which the only pollutant added is heat.

Daily Maximum – the arithmetic average of all effluent samples for a pollutant collected during a calendar day.

Daily Maximum Limit – the maximum allowable discharge limit of a pollutant during a calendar day. Where Daily Maximum Limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where Daily Maximum Limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

DCMR – the District of Columbia Municipal Regulations.

DC Water or WASA – the District of Columbia Water and Sewer Authority.

Dental Amalgam - an alloy of elemental mercury and other metal(s) that is used in the practice of dentistry.

Dental Discharger - a facility where the practice of dentistry is performed, including, but not limited to, institutions, permanent or temporary offices, clinics, home offices, and facilities owned and operated by Federal, state or local governments, that discharges wastewater to a publicly owned treatment works (POTW).

Discharge - any solid, liquid, or gas introduced into the wastewater system, including indirect discharges.

District - the District of Columbia, a municipal corporation.

District Pretreatment Standards or Local Limits - those limits found in 21 DCMR § 1501 and D.C. Official Code § 8-105.06 (2008 Repl. & 2011 Supp.)).

Domestic Wastewater – Any wastewater produced by ordinary living uses, including, but not limited to, liquid waste containing animal or vegetable matter in suspension or solution, or the water-carried waste from the discharge of water closets, laundry tubs, washing machines, sinks, dishwashers, or other sources of water-carried wastes of human origin. This definition includes wastewater from commercial, industrial or residential sources which is of a similar quality, constituents and strength, to that produced by these same ordinary living uses.

Duly Authorized Representative – the individual designated by the responsible corporate officer or a general partner or proprietor if the Industrial User submitting the reports section is a partnership, or sole proprietorship respectively, if:

(a) The authorization is made in writing by the responsible corporate officer or a general partner or proprietor;

(b) The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the Industrial Discharge originates, such as the position of facility of plant manager, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and

EPA - the U.S. Environmental Protection Agency.

Existing Dental Discharger - a Dental Discharger that is not a new source that discharged to the District’s wastewater system on or before July 14, 2017.

Garbage - solid wastes from domestic and commercial preparation, cooking, or dispensing of food, or from the handling, storage, or sale of produce. For purposes of this chapter, "garbage" is not the same as "shredded garbage".

Grease Abatement System - Any grease interceptor, grease trap, grease recovery device, or any treatment system designed to remove Fats, Oils and Grease (FOG) from food service establishments, including but not limited to, cafeterias, hotel kitchens, church kitchens, school kitchens, hospital cafeterias, bars, or any other commercial food service establishment.

Hazardous Waste - waste defined as hazardous waste in the District of Columbia Hazardous Waste Management Act of 1977, effective March 16, 1978 (D.C. Law 2-64; D.C. Official Code § 8-1302(2) (2008 Repl. & 2011 Supp.)), as amended.

Health Care Facility - a facility defined as a health care facility in the Unused Pharmaceutical Safe Disposal Act of 2009, effective March 5, 2010 (D.C. Law 18-112; D.C. Official Code § 48-851.01 (2009 Repl. & 2011 Supp.)), as amended.

High Strength Wastewater - wastewater containing concentrations of organic matter, solids, or nutrients that are higher than domestic strength wastewater as established by WASA.

Incompatible Pollutant - any pollutant which is not a "compatible pollutant" as defined in this section.

Indirect Discharge - the introduction of pollutants into a POTW or the District’s wastewater system from any non-domestic source regulated under section 307(b), (c), or (d) of the Clean Water Act and the Act.

Industrial User or IU - a source of Indirect Discharge from a non-domestic User who discharges, causes, or permits the discharge of wastewater into the District's wastewater system.

Infectious Waste - any waste defined as infectious waste in the Solid Waste Facility Permit Act of 1995, effective February 27, 1996 (D.C. Law 11-94; D.C. Official Code § 8-1051(21) (2008 Repl. & 2011 Supp.)), as amended.

Institutional pharmacy – a pharmacy defined as an institutional pharmacy in the Unused Pharmaceutical Safe Disposal Act of 2009, effective March 5, 2010 (D.C. Law 18-112; D.C. Official Code § 48-851.01 (2009 Repl. & 2011 Supp.)), as amended.

Interference - a discharge which, alone or in conjunction with a discharge or discharges from other sources, both:

(a) Inhibits or disrupts the District’s wastewater system, its treatment processes or operations, or its sludge processes, use or disposal; and

(b) Therefore is a cause of a violation of any requirement of WASA’s National Pollutant Discharge Elimination System permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations):

(1) Section 405 of the Clean Water Act;

(2) Solid Waste Disposal Act (SWDA) including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA) and including State or District regulations contained in any State or District sludge management plan prepared pursuant to subtitle D of the SWDA;

(3) Clean Air Act;

(4) Toxic Substances Control Act; and

(5) Marine Protection, Research, and Sanctuaries Act.

International Standards Organization or ISO - An international non-governmental organization that develops international standards, such as ISO 11143: Dentistry - Amalgam Separators, available through the ISO website at http://www.iso.org.

Mayor - the Mayor of the District of Columbia or any representative or agency designated by the Mayor to carry out the provisions of the Act and these regulations.

Medical Waste - any waste defined as medical waste in section 2(3A) of the Illegal Dumping Enforcement Act of 1994, effective May 20, 1994 (D.C. Law 10-117; D.C. Official Code § 8-901(3A) (2008 Repl.)), as amended.

Mobile Unit - a specialized mobile self-contained van, trailer, or equipment used in providing dentistry services at multiple locations.

National Pretreatment Standards, Pretreatment Standards, or Standards - any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the Clean Water Act, which applies to Industrial Users. National Pretreatment Standards, Pretreatment Standards, or Standards includes prohibitive discharge limits established pursuant to 40 C.F.R. § 403.5, D.C. Official Code § 8-105.06 (2008 Repl. & 2011 Supp.), and this chapter.

Natural Outlet - any outlet into a watercourse, pond, ditch, river, lake, or other body of surface water.

New Dental Discharger - a Dental Discharger whose first discharge to the District’s wastewater system occurs after July 14, 2017.

New Source -

(a) Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under section 307(c) of the Clean Water Act, which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

(1) The building, structure, facility or installation is constructed at a site at which no other source is located;

(2) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

(3) The production or wastewater generating processes of the building, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered;

(b) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of paragraphs (a)(2) and (a)(3) above, but otherwise alters, replaces, or adds to existing process or production equipment; and

(1) Begun or caused to begin as part of a continuous onsite construction program:

(A) Any placement, assembly, or installation of facilities or equipment; or

(B) Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or

(2) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph.

Non-Contact Cooling Water – water used for cooling which does not come into direct contact with any raw material, product, byproduct, or waste.

Non-Significant Categorical Industrial User – an Industrial User subject to Categorical Pretreatment Standards under 40 C.F.R. § 403.6 and 40 C.F.R. Chapter I, Subchapter N that WASA determines is a Non-Significant Categorical Industrial User rather than a Significant Categorical Industrial User on a finding that the Industrial User does not discharge more than one-hundred gallons per day (100 gal./day) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:

(a) The Industrial User, prior to WASA’s finding has consistently complied with all applicable Categorical Pretreatment Standards and requirements;

(b) The Industrial User annually submits the certification statement required in § 1508.9 together with any additional information necessary to support the certification statement; and

Non-Significant Non-Categorical Industrial User – an Industrial User that is not subject to Categorical Pretreatment Standards, discharges less than twenty-five gallons per day (25,000 gal./day) of process wastewater, and specifically designated by WASA due to type of business, characteristics of the discharge, or presence of pretreatment facilities.

Non-wastewater flows – discharges that do not result from an industrial process, which include storm waters (including snow melt), surface waters, ground waters, subsurface drainage (including foundation, footing, and under drainage), roof drainage, irrigation waters, diverted stream flows, and spring waters.

North American Industry Classification System (NAICS) – the classification and classification numbers of Users based on the 2007 North American Industry Classification Manual by the Executive Office of the President, Office of Management and Budget, as it may be revised, updated, replaced, or amended.

NPDES Permit – means the National Pollution Discharge Elimination System permit issued by the EPA Region III to WASA for the operation of the Blue Plains Wastewater Treatment Facility in effect on September 30, 2010, and as it may be amended or modified in the future, and any successor permits issued by the EPA Region III to either the District or to WASA.

Nuisance - any condition, state or combination of circumstances which injures, or threatens or endangers health, safety, or welfare.

Objectionable Color - a color inappropriate for the normal characteristics of the receiving water.

Pass Through - any discharge which exits the District’s Wastewater system into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, causes or may cause, or contributes to, a violation of any requirement of the NPDES permit including an increase in the magnitude or duration of a violation.

Person - any natural person, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents, or assigns.

pH - the logarithm to the base ten (10) of the reciprocal of the concentration of hydrogen ion in grams per liter (g/l) of solution as determined by the methods of Analytical Testing.

Pharmaceutical Product - a drug or biologic regulated by the federal Food and Drug Administration.

Pharmaceutical Waste – a pharmaceutical product, which is no longer suitable for its intended purpose or is otherwise being discarded.

Phosphorus or Total Phosphorus (TP) – phosphorus content in wastewater as determined by the methods of Analytical Testing.

Pollutant - any substance which induces or may induce an alteration of the chemical, physical, biological, or radiological integrity of water, which has or may have a detrimental effect on a subsequent use of that water, or which interferes or may interfere with the District’s wastewater system.

Pretreatment- the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants to the District’s wastewater system. This reduction or alteration may be obtained by physical, chemical, or biological processes, process changes, or by other means, except as prohibited by 40 C.F.R. § 403.6(d) and section 7(h) of the Act. Appropriate pretreatment technology includes control equipment, such as equalization tanks or facilities, for protection against surges or slug loadings that might interfere with or otherwise be incompatible with the District’s wastewater system. However, if wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulated process, the effluent from the equalization facility must meet an adjusted pretreatment limit calculated in accordance with 40 C.F.R. § 403.6(e).

Pretreatment Requirements - any District pretreatment standard or federal, state, or local substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard, imposed on an Industrial User.

Process Wastewater – wastewater discharged from an industrial process or contaminated non-wastewater flows that contain pollutant levels that exceed the District’s Pretreatment Standards (prior to treatment), excluding sanitary, noncontact cooling and boiler blowdown wastewater.

Publicly Owned Treatment Works or POTW - a treatment works as defined by section 212 of the Clean Water Act (33 U.S.C. § 1292), which is owned by a State or municipality, such as the District of Columbia. This definition includes any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyance, which convey wastewater to a treatment plant.

Residue - the accumulated solids, grease, liquids, and scum separated from wastewater during the wastewater treatment process. Also referred to as "sludge and residue".

Responsible Corporate Officer - shall be:

A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation; or

The manager of one (1) or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

Sanitary Sewer Service Charge - the charge levied against Users to recover the costs of rendering wastewater treatment system services.

Septic Tank - a watertight receptacle which receives the discharge from a drainage system or a part of the drainage system, and is designed and constructed to separate solids from the liquid, decompose organic matter through a period of detention, and allow the liquids to discharge into the soil outside of the tank.

Sewer - any pipe or conduit for conveying wastewater or drainage water.

Shredded Garbage - garbage that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one inch (1 in.) in dimension. For purposes of this chapter, "shredded garbage" is not the same as "garbage".

Significant Accidental Discharge - any unintentional or uncontrolled release of pollutant(s) which results in a violation of a permit issued pursuant to this chapter or results in a violation of the NPDES permit issued to operate Blue Plains.

Significant Categorical Industrial User – an Industrial User that is subject to Categorical Pretreatment Standards under 40 C.F.R. § 403.6 and 40 C.F.R. chapter I, subchapter N and does not meet the requirements as a Non-Significant Categorical Industrial User.

Significant Industrial User -

(a) Except as provided in paragraph (b) below, any Industrial User that either:

(1) Is an Industrial User subject to Categorical Pretreatment Standards under 40 C.F.R. § 403.6 and 40 C.F.R. chapter I, subchapter N; and

(2) Any other Industrial User that:

(A) Discharges an average of twenty-five thousand gallons per day (25,000 gal./day) or more of process wastewater to the District’s wastewater system or other POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater);

(B) Contributes a process wastestream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of Blue Plains; or

(C) Is designated as a Significant Industrial User by WASA on the basis that the Industrial User has a reasonable potential for adversely affecting the operation of Blue Plains or for violating any pretreatment standard or requirement, for harming the environment or for causing a threat to wastewater utility personnel.

(b) Upon a finding that an Industrial User meeting the criteria in (a)(2)(A)-(C) has no reasonable potential for adversely affecting the operation of Blue Plains or for violating any pretreatment standards or requirements, WASA may at any time, on its own initiative or in response to a petition received from an Industrial User, and in accordance with 40 C.F.R. § 403.8(f)(6), determine that such Industrial User is not a Significant Industrial User.

Significant Noncompliance - for the purposes of this chapter, a Significant Industrial User is in significant noncompliance with the pretreatment standards and requirements if it violates a term of a discharge permit and it’s violation meets one (1) or more of the criteria listed in § 1515, or an Industrial User whose violation meets one (1) or more of the criteria listed in § 1515.3(c), (d), or (h) of this chapter.

Significantly Changed Operation – WASA shall determine what constitutes a “"significantly changed operation" on a case-by-case basis by reference to such factors as the increase in the level of pollutant(s) discharged, the potential for the discharge of additional pollutants or the potential for accidental or uncontrolled discharges as a result of process modifications, production increases, equipment modifications and the like.

Slug Discharge or Slug Load - any discharge of a non-routine, episodic nature, including but not limited to, an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate WASA’s regulations, local limits, or permit conditions such that it is capable of violating the specific prohibited discharge limits and local pretreatment requirements in § 1501 of this chapter.

Standard Industrial Classification - the classification and classification numbers of Users based on the 1987 Standard Industrial Classification Manual (SIC) by the Executive Office of the President, Office of Management and Budget, as it may be revised, updated, replaced or amended.

Termination of Service - includes closing off or removing branch sewer(s), disconnecting water service(s) and removal of water service lines.

Total Kjeldahl Nitrogen (TKN) – the sum of the content of organic nitrogen, ammonia and ammonium in the wastewater, expressed in milligrams per liter (mg/l) as determined by the methods of Analytical Testing.

Total Suspended Solids (TSS) - solids that either float on the surface of, or may be suspended in, water, sewage, or other liquids, and which may be removable by laboratory filtering, with concentrations expressed in milligrams per liter (mg/l). The value shall be as determined by the methods of Analytical Testing.

Toxic Pollutant - any pollutant which is identified as toxic by the EPA or which is designated as toxic by WASA.

Uncontaminated Non-Wastewater Flows – non-wastewater flows that contain pollutants at levels that do not exceed the District’s pretreatment standards.

User - any person who discharges, causes, or permits the discharge of wastewater into the District's wastewater system.

User Jurisdictions – the jurisdiction that directly or indirectly connects to or discharges into, the District’s wastewater system, including Montgomery County and Prince George's County, Maryland, as represented by the Washington Suburban Sanitary Commission; Fairfax County, Virginia; Loudoun County, Virginia; and Vienna, Virginia.

Waste - sewage and any and all other waste substances of human or animal origin, or associated with human habitation, or resulting from any production, storage, manufacturing or processing operation of whatever nature, whether liquid, solid, gaseous or radioactive. This definition includes such wastes placed within containers of whatever nature prior to, and for purposes of, disposal.

Wastewater - means the liquid and water-carried wastes from dwellings, commercial buildings, industrial facilities, institutions, and swimming pools.

Wastewater System - means the devices, facilities, structures, equipment, or works owned, operated, maintained, or used by the District or WASA for the purpose of the transmission, storage, treatment, recycling, and reclamation of wastewater or to recycle or reuse water, including intercepting sewers, outfall sewers, wastewater collection systems, treatment, pumping, power, and other equipment and their appurtenances, extensions, improvements, remodeling of improvements, additions, and alterations to the additions, elements essential to provide a reliable recycled water supply such as standby treatment units and clear well facilities, and any works, including land, that are or may be an integral part of the treatment process or that are or may be used for disposal of sludge and residue resulting from such treatment, and sewers designated as storm sewers shall be considered a part of the wastewater system for purposes of this subchapter.

History

SOURCE: Final Rulemaking published at 33 DCR 6194, 6202 (October 10, 1986); as amended by Final Rulemaking published at 47 DCR 2948 (April 28, 2000); as amended by Notice of Final Rulemaking published at 59 DCR 1021, 1083 (February 10, 2012); as amended by Final Rulemaking published at 65 DCR 0447 (January 19, 2018); as amended by Final Rulemaking published at 69 DCR 000482 (January 21, 2022). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1599

21-17 BIOSOLIDS MANAGEMENT

21 DCMR § 1700 EXCEPTIONAL QUALITY Biosolids Distribution

1700.1 The purpose of this chapter is to permit the sustainable and beneficial distribution of exceptional quality biosolids, composted exceptional quality biosolids, or blended exceptional quality biosolids for use in the District.

1700.2 No biosolids except exceptional quality biosolids, composted exceptional quality biosolids, or blended exceptional quality biosolids shall be distributed in the District.

1700.4 A person shall be deemed to have an exceptional quality biosolids distribution permit-by-rule if the person meets the following requirements:

(a) Distributes only exceptional quality biosolids, blended exceptional quality biosolids, and composted exceptional quality biosolids;

(b) Submits a written notice to the Department that includes the name, address, and telephone number of the permittee;

(c) Pursuant to the Anacostia River Clean Up and Protection Fertilizer Act of 2012, effective April 20, 2013 (D.C. Law 19-262; D.C. Official Code §§ 8-104.01 et seq.), provides a legible label with sufficient information to allow the person who receives and uses the exceptional quality biosolids, composted exceptional quality biosolids, or blended exceptional quality biosolids to determine an agronomic rate of application and application requirements;

(d) Maintains the following information that shall be available to the Department upon request:

(1) The quantity of exceptional quality biosolids distributed in the District; and

(2) Information demonstrating that the biosolids being distributed meet the ceiling concentrations in Table 1 of 40 C.F.R. § 503.13 and the pollutant concentrations in Table 3 of 40 C.F.R. § 503.13; the Class A pathogen requirements in 40 C.F.R. § 503.32(a); and one of the vector attraction reduction requirements in 40 C.F.R. § 503.33(b)(1) through (b)(8);

(e) Complies with the monitoring and reporting requirements for exceptional quality biosolids in 40 C.F.R. Part 503; and

(f) Complies with all other applicable District and federal laws and regulations.

1700.5 Distribution within the District of biosolids, blended biosolids, or composted biosolids that do not meet the requirements for a permit-by-rule under this chapter is prohibited, and will be subject to enforcement pursuant to Section 1701.

History

SOURCE: Final Rulemaking published at 63 DCR 13420 (October 28, 2016). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1700

21 DCMR § 1701 ENFORCEMENT

1701.1 This chapter shall be enforced pursuant to the Water Pollution Control Act of 1984, effective March 16, 1985 (D.C. Law 5-188; D.C. Official Code §§ 8-103.15, 8-103.16, and 8-103.17), and the Water Pollution Enforcement Regulations (21 DCMR Chapter 22).

1701.2 In any instance where a civil fine, penalty or fee has been established pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.04 (2012 Repl.)); and the Consumers, Commercial Practices, and Civil Infractions Regulations (Title 16 DCMR Chapter 40), the civil fine, penalty, or fee may be imposed as an alternative sanction to the penalties set forth in Subsection 1701.1.

History

SOURCE: Final Rulemaking published at 63 DCR 13420 (October 28, 2016). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1701

21 DCMR § 1799 Definitions

1799.1 When used in this chapter, the following terms shall have the meanings ascribed (some of the definitions were codified in the Act, indicated as [Statutory], and are reprinted below for regulatory efficiency):

Act - the Water Pollution Control Act of 1984, effective March 16, 1985 (D.C. Law 5-188; D.C. Official Code §§ 8-103.01 et seq.)

Biosolids or Sludge - the solid or semi-solid material removed from wastewater during treatment, including but not limited to grit, screenings, grease, oil, settleable solids, and chemicals added to the treatment processes. [Statutory]

Blended Exceptional Quality Biosolids - exceptional quality biosolids that are mixed with other materials, such as leaves, saw dust, and soil, and that meet the ceiling concentrations, pollutant concentrations, pathogen requirements, and vector attraction reduction requirements of exceptional quality biosolids.

Clean Water Act - the Clean Water Act, 33 U.S.C. §§ 1251 et seq.

Composted Exceptional Quality Biosolids - exceptional quality biosolids treated by a biological process so as to achieve oxidation of the organic matter, dissipation of phytotoxic gases and offensive odors, and destruction of pathogens, and that meet the ceiling concentrations, pollutant concentrations, pathogen requirements, and vector attraction reduction requirements of exceptional quality biosolids.

Department - the Department of Energy and Environment.

Distribution - the physical removal of exceptional quality biosolids, composted exceptional quality biosolids, or blended exceptional quality biosolids from a generating, composting, blending, storage or distribution facility to barter, sell, offer to sell, consign, furnish, provide, or supply to wholesalers, dealers, retailers, or individuals as part of a commercial enterprise or giveaway program.

Exceptional Quality Biosolids - biosolids that meet the ceiling concentrations in Table 1 of 40 C.F.R. § 503.13 and the pollutant concentrations in Table 3 of 40 C.F.R. § 503.13; the Class A pathogen requirements in 40 C.F.R. § 503.32(a); and one of the vector attraction reduction requirements in 40 C.F.R. § 503.33(b)(1) through (b)(8).

Permittee – a person who distributes exceptional quality biosolids, blended exceptional quality biosolids or composted exceptional quality biosolids under the terms of this permit-by-rule.

Person - any individual, including any owner or operator as defined in this chapter or the Act; partnership; corporation, including a government corporation; trust association; firm; joint stock company; organization; commission; the District or federal government; or any other entity. [Statutory]

History

SOURCE: Final Rulemaking published at 63 DCR 13420 (October 28, 2016). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1799

21-18 WELL CONSTRUCTION, MAINTENANCE, AND ABANDONMENT STANDARDS

21 DCMR § 1800 PURPOSE AND SCOPE

1800.1 The provisions of this chapter shall be applicable to the construction, maintenance, and abandonment of wells in the District of Columbia, pursuant to the Water Pollution Control Act of 1984, effective March 16, 1985 (D.C. Law 5-188; D.C. Official Code §§ 8-103.01 et seq.).

1800.2 The purpose of this chapter is to ensure that the construction, maintenance, and abandonment of a well is undertaken in a manner that protects public health and safety and the environment.

History

Source: Final Rulemaking published at 63 DCR 13424 (October 28, 2016). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1800

21 DCMR § 1801 APPLICABILITY

1801.1 A person engaged in the construction, maintenance, and abandonment of a well in the District shall comply with the requirements set forth in this chapter.

1801.2 A person shall not construct, maintain, or abandon a well in a manner that may create a point source or non-point source of pollutants to waters of the District, impair the beneficial uses of waters of the District, or pose a hazard to public health and safety or the environment.

1801.3 A well owner shall ensure that, as applicable:

(a) The construction of the well is conducted in accordance with §§ 1809 through 1826;

(b) The use and maintenance is conducted in accordance with §§ 1827 through 1829; and

1801.4 If a well was constructed prior to March 31, 2017, the well owner shall ensure that:

(a) The well does not pose a hazard to public health and safety or the environment and does not impair the beneficial uses of waters of the District;

(b) The well, well cap, upper terminus, and well labeling meet the requirements in §§ 1820 and 1821; and

(d) By March 31, 2021, the well is abandoned in accordance with the requirements of §§ 1830 and 1831.

History

SOURCE: Final Rulemaking published at 63 DCR 13424 (October 28, 2016). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1801

21 DCMR § 1802 WELL CONSTRUCTION BUILDING PERMIT EXEMPTIONS

1802.1 An infiltration test well constructed and used in accordance with Chapter 5 (Water Quality and Pollution) of Title 21 of the District of Columbia Municipal Regulations (DCMR) and the Stormwater Management Guidebook shall be exempt from the requirements of this chapter.

1802.2 A well constructed for use in a best management practice in accordance with Chapter 5 of Title 21 DCMR and the Stormwater Management Guidebook shall be exempt from the requirements of this chapter.

1802.3 A well construction building permit shall not be required for a well which meets all of the following conditions:

(a) The well is constructed to a depth of ten feet (10 ft.) or less;

(b) The lower terminus of the well does not intersect the seasonal water table;

(d) The well is not sited within twenty-five feet (25 ft.) of wetland;

(e) The construction and maintenance of the well is performed in accordance with the requirements of this chapter; and

(f) The well is abandoned within five (5) business days of completion of construction in accordance with § 1830.1.

1802.4 If during the construction of a well for which no building permit was required, field conditions or new information indicate that any condition in § 1802.3 will not be met, the well owner shall:

(a) Stop all well construction work and related activities;

(b) Notify the Department within twenty-four (24) hours of the discovery;

(d) Implement Department-ordered corrective actions to prevent an imminent hazard to public health and safety or the environment; and

(e) If additional action is necessary to meet the requirements of this chapter, or if requested by the Department, submit a well construction building permit application in accordance with § 1803.

1802.5 A well construction building permit shall not be required for the maintenance of a registered well, provided that the maintenance does not include a modification or material change in the original permitted design, specifications, or construction of the well.

1802.6 The Department may allow a well owner to delay submitting a well construction building permit application if:

(a) The well owner immediately notifies the Department of an emergency circumstance that may impact a well, the environment, or public health and safety, which requires immediate corrective action;

(b) The Department deems an emergency circumstance to exist, where obtaining a work plan approved by the Department for the maintenance or abandonment of a well would result in a delay that could pose an immediate hazard to public health and safety or the environment;

(c) The well owner complies with the application procedures in § 1803 within seventy-two (72) hours after the emergency is identified; and

(d) All work is conducted in accordance with applicable construction, maintenance, and abandonment requirements.

1802.7 A well abandonment permit shall not be required if:

(a) The well is abandoned within thirty (30) days following the completion of construction of the well; and

(b) A well abandonment work plan developed in accordance with §§ 1830 and 1831 is submitted with the initial well construction building permit application.

History

SOURCE: Final Rulemaking published at 63 DCR 13424 (October 28, 2016). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1802

21 DCMR § 1803 WELL CONSTRUCTION PERMIT APPLICATION PROCEDURE

1803.1 Except as provided in § 1802, no person shall construct a well in the District without a well construction work plan conforming to the requirements of § 1803.3 approved by the Department, and a well construction building permit approved by the Department and issued by the Department of Consumer and Regulatory Affairs (DCRA).

1803.2 The well owner shall apply to the DCRA for a well construction building permit, which shall be issued by DCRA subject to the requirements of this chapter.

1803.3 Beginning on April 1, 2017, a well construction building permit application shall include a well construction work plan containing the following information, which shall be submitted to the Department for review and approval:

(a) The well owner’s name, mailing address, telephone number, and electronic mailing address;

(b) The property owner’s name, mailing address, telephone number, and electronic mailing address, if different from the well owner information provided pursuant to § 1803.3(a);

(c) The well driller’s name, address, telephone number, and electronic mailing address, a copy of the pertinent DCRA license(s), and a copy of the well driller’s current driller’s license;

(d) The physical location of the property on which the well is sited, including the physical address, a square, suffix, and lot, or closest physical location identifier;

(e) The intended use of the well;

(f) A description of the well construction details;

(g) A well design diagram or schematic detailing how the well will be constructed;

(h) The topographic description of the site;

(i) The geology underlying the property where the well is sited;

(j) The proximity to the one hundred (100)-year floodplain;

(k) The name of the aquifer or aquifers that will be penetrated;

(l) The name of the aquifer or aquifers that will be screened, if applicable;

(m) The proximity to and details of recognized environmental conditions identified on or adjacent to the property where the well will be sited;

(n) Methods to prevent aquifer cross-contamination where a recognized environmental condition has been identified on or adjacent to the property where the well will be sited;

(o) A site map, plat, or plan depicting:

(1) The lot and square;

(2) The geographical location of the well within the property boundaries;

(3) The geographical location of the well in relation to the nearest street intersection;

(4) The setback distances from property lines;

(5) The setback distances from recognized environmental conditions identified on the property where the well is sited;

(6) The identification of public spaces;

(7) The identification of structures and driveways;

(8) The extents of the land disturbing activities including any construction entrance and stockpile area(s);

(9) The identification of waters of the District of Columbia on or adjacent to the property where the well will be sited;

(10) Compass directions;

(11) A scale bar; and

(12) A key or legend;

(p) A description of the well construction activity including:

(1) The well construction materials and well installation equipment to be used;

(2) The well construction methods including drilling methods and procedures, and drilling fluids to be used; and

(3) Details of decontamination procedures, if applicable;

(q) The plan for handling, analyzing, and disposal of derived waste; and

(r) A description of any equipment or materials that shall or may be placed in the well such as:

(1) Pumps;

(2) Pipes;

(3) Loops;

(4) Packers; or

(5) Liners.

1803.4 In addition to the requirements of § 1803.3, the well construction work plan for the construction of a closed-loop ground source heat pump well shall include:

(a) The type of closed-loop ground source heat pump system;

(b) The design capacity of the proposed closed-loop ground source heat pump system;

(c) The total number of loops in the well, loop configuration, the total number of loops in the system, the angles of the loops to the vertical plane and the depth to which they will be placed in the subsurface;

(d) The pipe dimensions, type of pipe, and pipe material;

(e) Details of the proposed circulation fluid, including;

(1) The type of circulation fluid;

(2) The concentration of the circulation fluid;

(3) The manufacturer’s specifications and product details including any additives or anti-corrosive agents;

(4) The applicable Safety Data Sheets for the chemicals used in the circulation fluid;

(5) Any known or potential environmental or public health and safety concerns or issues related to the use of the material as a circulation fluid for a closed-loop ground source heat pump system; and

(6) A pollution prevention plan and spill response plan to address the storage, handling, and management of the circulation fluid.

(f) The type, mix ratios, and permeability of the grout, including how the grout will be inserted and the grout manufacturer’s specifications for using the grout;

(g) The type, length, placement, and reason for using any outer casing material;

(h) The types of fittings and joints, and the procedures for sealing fittings and joints;

(i) The footprint of a proposed structure that shall be placed on top of a closed-loop ground source heat pump system must be clearly shown on the site plan; and

(j) Identification of any structure or operation that may impact or be impacted by the closed-loop ground source heat pump system.

1803.5 In addition to the requirements of § 1803.3, the well construction work plan for construction of a dewatering well shall include:

(a) The proposed volume of water to be pumped and the estimated flow rate;

(b) The proposed or anticipated radius of influence;

(d) The details of any proposed treatment of recovered water containing known or suspected contaminants;

(e) A copy of any required District or federal permit(s) issued or the status of a pending application for the required District or federal permit(s);

(f) The purpose of dewatering;

(g) The type, make, and model of pump used, including the horsepower;

(h) The type and placement of the well screen;

(i) The depth of pump intake;

(j) The location of effluent discharge;

(k) A description of discharge location such as, combined sewer system, public or private storm sewer system, water body, or licensed offsite facility;

(l) The available analytical data for the property where the well will be sited, if a recognized environmental condition has been identified;

(m) The proximity of the dewatering well to known sensitive receptors including, surface water bodies, wetlands, groundwater recharge areas, wellhead protection areas, and recognized environmental conditions located on the property and on properties adjacent to where the well will be sited;

(n) A pollution prevention plan and spill response plan for a site where a system is anticipated or proposed for the treatment of dewatering well effluent;

(o) The name of the aquifer(s) to be dewatered;

(p) The proposed or anticipated decrease in potentiometric surface; and

(q) The duration of dewatering expressed as start and end dates and the total dewatering period.

1803.6 In addition to the requirements of § 1803.3, the well construction work plan for construction of a ground freeze well shall include:

(a) The purpose or application of the ground freeze well and ground freeze well system;

(b) The proposed or anticipated radius and depth of influence of each ground freeze well;

(d) Proximity of ground freeze well system to underground utilities and means of protecting potentially affected utilities;

(e) The type of refrigerant system to be used;

(f) The type of refrigerant or coolant fluid to be circulated or used;

(1) The type of circulation fluid;

(2) The concentration of the circulation fluid;

(3) The manufacturer’s specifications and product details including any additives or anti-corrosive agents;

(4) The applicable Safety Data Sheets for the chemicals used in the circulation fluid; and

(5) Any known or potential environmental or public health and safety concerns or issues related to the use of the material as a circulation fluid for a ground freeze well system;

(g) The loop or circulation configuration within the well;

(h) The circulation pipe dimensions, type of pipe, and pipe material;

(i) The type, mix ratios, and permeability of the grout, including how the grout will be inserted and the grout manufacturer’s specifications for using the grout;

(j) The distribution manifold configuration and materials to be used;

(k) The proposed or anticipated flow of refrigerant or circulating fluid;

(l) The type, length, placement, and reason for using any outer casing material;

(m) A pollution prevention plan and spill response plan to address the storage, handling, and management of the refrigerant or coolant fluid; and

(n) If additional water will be introduced to supplement the ground freeze system, the method the water will be introduced into the formation.

1803.7 In addition to the requirements of § 1803.3, the well construction work plan for construction of an injection well shall include;

(a) A copy of the EPA Underground Injection Control Permit or identification of an applicable exemption of this permit;

(b) The volume of fluid to be injected;

(d) The Technical Information Sheet and Safety Data Sheet for each treatment material to be used;

(e) The proposed injection rate or feasible range;

(f) The proposed or anticipated radius and depth of influence;

(g) The injection method;

(h) The location and maximum number of injection points;

(i) The details of any proposed pilot testing;

(j) The location and number of observation wells;

(k) The proposed monitoring plans and monitoring protocols;

(l) The duration of injection;

(m) The identification of receiving aquifer(s);

(n) Any expected impact to the subsurface;

(o) Any expected impact to adjoining properties;

(p) The proximity to surface water and potential ecological receptors;

(q) Any expected impact to the closest surface water and potential ecological receptors;

(r) The volume of the water to be treated;

(s) The quality of the water to be treated;

(t) The source of the contaminants;

(u) The proposed implementation schedule;

(v) The compliance schedule;

(w) The compliance monitoring program;

(x) A copy of any previous report or data related to the investigation and feasibility of the proposed action;

(y) A map or series of maps showing the following:

(1) The topography;

(2) The geology;

(3) The location of on-site and nearby utility lines;

(4) The type and extent of the contaminants;

(5) The location of the proposed treatment system;

(6) The location of any existing contaminant treatment system; and

(7) The location of compliance monitoring wells;

(z) The expected short-term and long-term effects on the environment and public health; and

(aa) Any other relevant information.

1803.8 In addition to the requirements of § 1803.3, the well construction work plan for construction of a water supply well shall include:

(a) The intended use of the water supply well;

(b) The proposed withdrawal method;

(d) The proposed drawdown on the aquifer(s);

(e) The proposed groundwater withdrawal rates;

(f) The proposed aquifer pump test;

(g) The aquifer pump test data from a nearby test well or existing supply well;

(h) The aquifer water quality data;

(i) The size of the population that will be served by the withdrawal; and

(j) The operation and maintenance details of the well.

1803.9 In addition to the requirements of §§ 1803.3 through 1803.8, the Department may require supplemental information related to the construction, maintenance, or intended use of a soil boring, recovery well, monitoring well, observation well, piezometer, industrial supply well, irrigation supply well, domestic supply well, or any other type of well.

1803.10 A well owner may request a special compliance standard or the modification of a requirement of this chapter, if conditions or circumstances exist such that compliance will result in poor construction, maintenance, or abandonment of a well or will preclude the construction of the well.

1803.11 A request for a special compliance standard or modification under § 1803.10 shall be submitted in writing to the Department for review and approval, and shall include:

(a) A description of the circumstances or site conditions that warrant special consideration;

(b) The proposed special compliance standard or modification request;

(c) Documentation establishing that the proposed special compliance standard or modification is adequate and protective of public health and safety and the environment; and

(d) The signature of the well owner certifying that the information in the request for the special standard is accurate and complete to the best of the owner’s knowledge.

1803.12 Prior to construction of a well, a Department-approved well construction building permit application and well construction work plan may be modified provided the proposed modification is submitted to the Department and to the DCRA for review and approval in accordance with the requirements of §§ 1803.10 and 1803.11.

1803.13 During the construction of a well, a Department-approved well construction building permit application and well construction work plan may only be modified if:

(a) The well owner immediately notifies the Department and the DCRA in writing; and

(b) The modification of the well construction building permit and well construction work plan does not violate District or federal laws or regulations.

History

SOURCE: Final Rulemaking published at 63 DCR 13424 (October 28, 2016). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1803

21 DCMR § 1804 DEPARTMENT REVIEW

1804.1 The Department shall review each well construction building permit application submitted to the Department of Consumer and Regulatory Affairs (DCRA) and each well construction work plan to ensure that it meets the standards and requirements of this chapter.

1804.2 The Department may conduct the review and approval of a complete well construction building permit application and well construction work plan as part of the following remedial or removal actions or programs:

(a) The Voluntary Remedial Action Program, pursuant to Section 6213 of Title 20 of the District of Columbia Municipal Regulations (DCMR);

(b) An enforcement corrective action taken pursuant to the District of Columbia Underground Storage Tank Management Act of 1990, as amended, D.C. Official Code §§ 8-113.01 et seq., and its implementing regulations in Chapters 55-70 of Title 20 DCMR;

(d) An enforcement action taken pursuant to the District of Columbia Brownfield Revitalization Amendment Act of 2000, as amended; D.C. Official Code §§ 8-631.01 et seq.

1804.3 The Department may reject an incomplete well construction building permit application or well construction work plan.

1804.4 If the Department rejects an incomplete well construction building permit application and well construction work plan, the Department shall notify the well owner in writing of the reason for the rejection.

1804.5 The Department shall reject the well construction building permit application and well construction work plan if the proposed well violates any District or federal laws or regulations, or poses a hazard to the environment, public health and safety, or otherwise interferes with the designated or beneficial uses of the waters of the District.

1804.6 The Department may consider the following when reviewing the well construction building permit application and well construction work plan:

(a) The effects of the geology, topography, hydrology, hydrogeology, and hydraulics of the area of interest;

(b) The population density and water use;

(d) The conditions of the surface and subsurface;

(e) The current and future water quality;

(f) The designated and beneficial uses of the waters of the District;

(g) The depletion rate of the water resources;

(h) The on-site and nearby recognized environmental conditions; and

(i) Public health and safety and the environment.

1804.7 The Department’s approval of a well construction building permit application and well construction work plan may be subject to additional conditions to ensure compliance with District or federal laws or regulations and the protection of the public health and safety, and the environment, including:

(a) Requirements for the use of outer-casing during the construction of a soil boring;

(b) Requirements for the construction of a double-cased well;

(d) Special grouting requirements;

(e) Special use restrictions;

(f) Restrictions on well dimensions;

(g) Restrictions on well locations within the property boundary;

(h) Restrictions on well construction methods;

(i) Special drilling requirements;

(j) Special requirements for construction in various geologic formations;

(k) Special requirements for construction in various ecological environments;

(l) Special well construction material requirements;

(m) Special monitoring requirements;

(n) Special maintenance requirements;

(o) Restrictions on well operation; and

(p) Special abandonment requirements.

1804.8 The Department may require that a well owner submitting a well construction building permit application collect data or conduct analyses to determine if the proposed well impacts the District’s water resources, including the following information:

(a) Lithological and geophysical boring logs;

(b) Grain size analysis;

(d) Groundwater elevation data;

(e) Groundwater quality data including field parameters;

(f) Hydrogeological tests such as, pump or slug tests;

(g) Modeling of groundwater, heat or contaminant flow; and

(h) Leachability testing and modeling.

History

Source: Final Rulemaking published at 63 DCR 13424 (October 28, 2016). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1804

21 DCMR § 1805 FEE SCHEDULE

1805.1 Fees shall be paid in full at the time an application for well construction or well registration is made, as specified in Table 1.

Table 1: Well Fee Schedule

ITEM

FEE

Well Permit Review and Registration Origination

a. Closed-Loop Ground Source Heat Pump Well

$15.00 per well or $150.00 per lot

b. Temporary Construction Dewatering Well and Ground Freeze Well

$5.00 per well or $125.00 per lot

c. Monitoring Well, Observation Well, Piezometer/Soil Boring, Injection Well, and Recovery Well

$10.00 per well or $100.00 per lot

d. Water Supply Well

$75.00 per well

Well Registration Renewal

a. Biennial well(s) registration renewal

$25.00 per lot

b. Five-Year Closed-Loop Ground Source Heat Pump Well(s) registration renewal

$25.00 per lot

Changes to Well Registration

a. Change-in-Ownership

$25.00 per lot

b. Change-in-Well-Use

$25.00 per lot

1805.2 The Department may adjust the fees for inflation once every calendar year beginning on January 1, 2017, using the Urban Consumer Price Index published by the United States Bureau of Labor Statistics.

History

Source: Final Rulemaking published at 63 DCR 13424 (October 28, 2016). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1805

21 DCMR § 1806 WELL REGISTRATION

1806.1 The Department shall issue a unique well registration number for each well included in an approved well construction building permit application and well construction work plan or registered with the Department.

1806.2 By March 31, 2021, a well owner of any well constructed prior to March 31, 2017, shall:

(a) If the well was permitted by the Department, submit a well completion report in accordance with § 1826;

(b) If the well was not permitted by the Department, submit a registration application in accordance with § 1806.3; or

1806.3 The well registration application required by § 1806.2 shall include:

(a) The well owner’s name, mailing address, telephone number, and electronic mailing address;

(b) The property owner’s name, mailing address, telephone number and electronic mailing address, if different from the information provided pursuant to § 1806.3(a);

(c) The well driller’s name, address, telephone number, electronic mailing address, and a copy of the pertinent Department of Consumer and Regulatory Affairs (DCRA) license(s);

(d) The physical location of the property on which the well is sited, including the physical address, the square, suffix, and lot number, or the closest physical location identifier;

(e) The specifications of the well such as the well diameter, depth, and construction materials, if known;

(f) The well construction as-built schematic detailing the well construction, if available;

(g) The well boring logs, if available;

(h) The well construction method and procedures, if known;

(i) The well construction completion date, if known;

(j) The well use and corresponding application information for the following types of wells:

(1) Ground source heat pump, including well information required in § 1803.4;

(2) Dewatering well, including information required in § 1803.5;

(3) Ground freeze well, including information required in § 1803.6; and

(4) Injection well, including information required in § 1803.7.

(k) If the well is in the public right of way or public space, a copy of the Public Space Permit;

(l) The horizontal location of the well using either the Maryland State Plane Coordinate System or latitude and longitude;

(m) The vertical elevation of the top of the well casing based upon North American Datum 1988 (NAVD88);

(n) A site map, plat, or plan depicting:

(1) The lot and square;

(2) The geographical location of the well within the property boundaries;

(3) The geographical location of the well in relation to the nearest street intersection;

(4) The setback distances from property lines;

(5) The setback distances from recognized environmental conditions identified on the property where the well is sited;

(6) The identification of public spaces;

(7) The identification of structures and driveways;

(8) The identification of waters of the District of Columbia on or adjacent to the property;

(9) Compass directions; and

(10) A scale bar;

(o) A key or legend;

(p) The last measured depth to water and the recording date;

(q) The well yield for supply wells;

(r) The well development log, if available;

(s) Any information that suggests or indicates that there is or may be negative impacts to the waters of the District due to the construction, operation, or maintenance of the well;

(t) The structural integrity of the well;

(u) The condition of the well surface completion;

(v) The presence and condition of the well cap, lock, and cover, and whether or not they meet the requirements of § 1820;

(w) An attestation signed by the well owner that the information provided is accurate and complete to the best of the owner’s knowledge; and

(x) Any other relevant information.

1806.4 The Department may require submission of additional information as part of the well registration application as it relates to the intended use of the well, including the use of a recovery well, monitoring well, observation well, piezometer, industrial supply well, irrigation supply well, or domestic supply well.

1806.5 The Department shall cancel the registration of a well that has not been constructed or is not in the process of being constructed within the period covered by the well construction building permit.

1806.6 Except for a well constructed under a Department regulatory action and a closed-loop ground source heat pump well, the owner of an existing and permitted well shall renew the well registration every two (2) years.

1806.7 The owner of a closed-loop ground source heat pump well shall renew the well registration every five (5) years.

1806.8 The well registration renewal required by §§ 1806.6 and 1806.7 shall include the unique well registration number provided by the Department for each well and any changes to the information specified in § 1806.3.

1806.9 A well owner who fails to submit a well registration or well registration renewal request by the required deadline shall abandon the well in accordance with §§ 1830 and 1831 within sixty (60) days.

History

Source: Final Rulemaking published at 63 DCR 13424 (October 28, 2016). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1806

21 DCMR § 1807 CHANGE OF WELL USE OR OWNER

1807.1 Upon the transfer of ownership of a well, the new well owner shall register the well with the Department by March 31st of the calendar year following the transfer of the well ownership.

1807.2 The use of a well as specified and approved by the Department in a well construction building permit application, well construction work plan, or well registration shall not be changed, except in accordance with § 1807.3.

1807.3 A well owner who proposes to change the use of a well shall submit an application with the following information:

(a) The well owner’s name, mailing address, telephone number, and electronic mailing address;

(b) The property owner’s name, mailing address, telephone number, and electronic mailing address, if different from the information provided pursuant to § 1807.3(a);

(c) The physical location of the property on which the well is sited, in the form of a physical address, a square, suffix, and lot, or closest physical location identifier;

(d) The well construction building permit number for the well;

(e) A description of the specific proposed change(s) in use;

(f) A statement of how the change(s) will be achieved;

(g) If a licensed well driller is required as part of the change(s) in use, the licensed well driller’s name, address, telephone number, electronic mailing address, a copy of the pertinent Department of Consumer and Regulatory Affairs (DCRA) license(s), and a copy of the well driller’s current driller’s license; and

(h) A description of any potential impacts to the waters of the District as a result of the proposed change(s) in use.

History

Source: Final Rulemaking published at 63 DCR 13424 (October 28, 2016). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1807

21 DCMR § 1808 WELL DRILLERS IN THE DISTRICT

1808.1 Except in accordance with §§ 1808.3 and 1808.4, no person shall construct, maintain, or abandon a well within the District unless that person is a licensed well driller and possesses a current Department of Consumer and Regulatory Affairs business license.

1808.2 A well owner shall ensure the construction, maintenance, and abandonment of a well is performed under the direct supervision of a licensed well driller.

1808.3 A licensed well driller shall not be required for the construction of a well using hand operated or hand driven tools, including hand-augers, soil probes, and hand shovels.

1808.4 A licensed well driller shall not be required for the maintenance of a well, provided that the maintenance does not require the application of chemical treatment, the maintenance of an installed pump, or a material change in the original permitted design, specification, or construction of the well.

History

Source: Final Rulemaking published at 63 DCR 13424 (October 28, 2016). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1808

21 DCMR § 1809 WELL CONSTRUCTION REQUIREMENTS: GENERAL

1809.1 A well shall be constructed in accordance with a well construction work plan approved by the Department and a well construction building permit issued by the Department of Consumer and Regulatory Affairs (DCRA).

1809.2 A well owner shall provide a minimum of two (2) full business days’ notice to the Department prior to commencing the construction of a well.

1809.3 A well owner shall obtain public utility clearance pursuant to the Underground Facilities Protection Act of 1980, effective March 4, 1981 (D.C. Law 3-129; D.C. Official Code §§ 34-2701 et seq.), as amended.

1809.4 A well owner shall obtain clearance of underground facilities with non-utility operators, including the Washington Metropolitan Area Transit Authority (WMATA).

1809.5 A soil boring shall not be subject to the construction standards of § 1809.6, and §§ 1815 through 1826, provided that all the following conditions are met:

(a) The intended use of the well as a soil boring is identified in the Department-approved well construction permit application and well construction work plan; and

(b) The soil boring is abandoned in accordance with §§ 1830 and 1831 within twenty-four (24) hours of starting construction of the borings.

1809.6 A well shall be constructed from the bottom of the boring to the top of the well using materials free of contaminants and compatible with the intended well use and the surrounding surface and subsurface conditions and shall include the following components:

(a) A well casing;

(b) A well point or plug;

(d) A filter pack;

(e) A low-permeability seal; and

(f) Grout within the annulus between the borehole wall and well casing.

1809.7 A well shall not hydraulically connect otherwise confined aquifers, causing aquifer cross-contamination, or hydraulically connect those portions of a single aquifer where contaminants exist in separate and definable layers within the aquifer.

History

Source: Final Rulemaking published at 63 DCR 13424 (October 28, 2016). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1809

21 DCMR § 1810 WELL CONSTRUCTION REQUIREMENTS: SITING

1810.1 A well shall be constructed so that it is accessible for cleaning, treatment, repair, testing, inspection, abandonment, and any other work that may be necessary.

1810.2 A well shall not be constructed within or under any building other than a separate structure constructed specifically for the housing of pumping equipment, unless otherwise approved in writing by the Department and specifically noted in the approved well construction work plan.

1810.3 A well housed in a separate structure in accordance with § 1810.2 shall be properly marked to indicate the category of the well and the well registration number.

1810.4 Except as provided by § 1810.5, buildings or other structures shall not be constructed on top of a registered and permitted well, unless the well has been abandoned in accordance with §§ 1830 and 1831, or unless otherwise approved by the Department.

1810.5 Buildings or other structures may be constructed on top of ground source heat pump wells, provided that adequate access is available to the loops to allow attachment to the building headers and for well operation, repair, maintenance, and abandonment.

1810.6 A well shall not be constructed or maintained in a manner that interferes with or damages any pre-existing subsurface structures, including utility lines, long-term combined sewer control shafts, diversion structures, diversion sewers, diversion tunnels, and Washington Metropolitan Area Transit Authority (WMATA) transit tunnels.

1810.7 A well sited within the one hundred (100)-year floodplain or a low-lying area prone to flooding shall be constructed in accordance with § 1820.2.

1810.8 A well shall be located a minimum of twenty-five feet (25 ft.) from the mean high watermark of waters of the District or waters of the United States of America and a minimum of twenty-five feet (25 ft.) from a wetland, unless authorized in writing by the Department.

1810.9 A domestic supply well shall be sited a minimum of one hundred feet (100 ft.) from a recognized environmental condition.

1810.10 A closed-loop ground source heat pump well shall be sited in accordance with the following standards:

(a) A closed-loop ground source heat pump well shall not be constructed within five hundred feet (500 ft.) of a recognized environmental condition without prior written approval of the Department;

(b) A closed-loop ground source heat pump well shall be located at least twenty-five feet (25 ft.) away from a water supply well;

(c) A closed-loop ground source heat pump well with a capacity of two (2) tons or less shall be sited a minimum of eight feet (8 ft.) from the property boundary;

(d) A closed-loop ground source heat pump well with a capacity greater than two (2) tons, but less than or equal to four (4), tons shall be sited a minimum of ten feet (10 ft.) from the property boundary; and

(e) A closed-loop ground source heat pump well with a capacity greater than four (4) tons or a commercial closed-loop ground source heat pump system shall be sited a minimum of ten feet (10 ft.) from the property boundary, and the permissible distance from the boundary shall be definitively determined based on the following criteria:

(1) The geology, topography, hydrology, hydrogeology, and hydraulics of the area of interest;

(2) The design of the closed-loop ground source heat pump system;

(3) The closed-loop ground source heat pump system’s heating and cooling capacity;

(4) The closed-loop ground source heat pump system’s proximity to other ground source heat pump wells; and

(5) The closed-loop ground source heat pump system’s proximity to property boundaries.

1810.11 If a proposed closed-loop ground source heat pump well does not meet the siting criteria outlined in § 1810.10, the well owner may submit a request to the Department for a special compliance standard in accordance with the requirements of §§ 1803.10 and 1803.11.

History

Source: Final Rulemaking published at 63 DCR 13424 (October 28, 2016). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1810

21 DCMR § 1811 WELL CONSTRUCTION REQUIREMENTS: RELOCATION DURING CONSTRUCTION

1811.1 Except as set forth in § 1811.2, a well may be relocated during construction for the avoidance of utility lines, building footings, or other sub-surface obstructions provided that:

(a) The well is not relocated more than ten feet (10 ft.) from the approved and permitted location identified in the well construction building permit application;

(b) The new well location meets the requirements of this chapter;

(c) The new well location is situated on the same lot and square number listed on the well construction building permit application;

(d) The unsuccessful well, cased or uncased, is abandoned in accordance with the requirements of §§ 1830 and 1831 of this chapter; and

(e) The Department has not prohibited well relocation in the approved well construction work plan.

1811.2 A closed-loop ground source heat pump well shall not be relocated from the position shown on the well construction building permit and the Department-approved well construction work plan, without written approval by the Department.

History

Source: Final Rulemaking published at 63 DCR 13424 (October 28, 2016). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1811

21 DCMR § 1812 WELL CONSTRUCTION REQUIREMENTS: SANITARY PROTECTION

1812.1 A well owner is responsible for sanitary protection of the well during construction, maintenance, and abandonment.

1812.2 During well construction, the well and any water-bearing formation shall be protected against contaminants from any source, including surface water drainage.

1812.3 If construction of a well is suspended for any period of time prior to the completion of the well, the well annulus or open borehole shall be covered and protected from surface water drainage and the vertical migration of contaminants and other materials through the well casing and well annulus, and the well casing capped in accordance with the requirements of § 1820.1.

1812.4 A soil boring or well meeting the requirements of § 1818.2 shall be covered and protected from surface water drainage and the vertical migration of contaminants and other materials when not in use.

1812.5 In the event that contaminants not addressed in the well construction building permit are encountered during the construction, maintenance, or abandonment of a well, the well owner shall:

(a) Stop all well construction work and related activities;

(b) Immediately notify the Department and other applicable emergency personnel;

(d) Implement Department-approved corrective actions to prevent an imminent hazard to the public health and safety, or the environment; and

(e) If additional action is necessary to investigate or remediate the contaminants, or is required by this chapter or requested by the Department, develop and submit a well construction work plan to the Department for review and approval.

1812.6 In the event that contaminants not addressed in the well construction building permit are encountered during the construction, maintenance, or abandonment of a well under a Department regulatory action, the well owner shall notify the Department and other applicable emergency personnel and take necessary measures to contain and minimize the spread of contaminants.

1812.7 All materials, including drilling fluids or muds, used in the construction of a well shall be free of contaminants and shall not cause the groundwater to become polluted in violation of District or federal laws and regulations.

History

Source: Final Rulemaking published at 63 DCR 13424 (October 28, 2016). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1812

21 DCMR § 1813 WELL CONSTRUCTION REQUIREMENTS: DERIVED MATERIAL FROM WELL CONSTRUCTION, MAINTENANCE, AND ABANDONMENT

1813.1 A well owner shall ensure all derived waste from the construction, maintenance, or abandonment of a well is managed and handled in accordance with this chapter and all District and federal laws and regulations.

1813.2 A well owner shall containerize all derived waste from the construction, maintenance, or abandonment of a well sited on a property where a recognized environmental condition has been identified and take the following measures:

(a) Representative sample(s) of the derived waste shall be collected and analyzed for known or suspected contaminants by a National Environmental Laboratory Accreditation Conference-certified laboratory using appropriate EPA-approved procedures;

(b) All derived waste shall be stored and transported in United States Department of Transportation-approved containers; and

(c) All derived waste shall be permanently removed from the site for disposal in accordance with all District and federal laws and regulations.

1813.3 No person shall place, use, store, or dispose of derived waste from the construction, maintenance, or abandonment of a well in a manner that the derived waste may come into contact with or leach into the waters of the District, thereby violating the District Water Quality Standards in Chapter 11 (Water Quality Standards) of Title 21 of the District of Columbia Municipal Regulations (DCMR), or resulting in acute or chronic exposure to aquatic biota or otherwise posing a hazard to public health and safety or the environment.

1813.4 Soil or sediment derived from the construction, maintenance, or abandonment of a well may be placed on the site or stockpiled, provided it meets the following requirements:

(a) The soil or sediment is characterized as non-hazardous waste in accordance with § 1813.2(a) and does not pose a hazard to public health and safety and the environment;

(b) The soil or sediment contains a concentration of total petroleum hydrocarbons (TPH) of less than one hundred parts per million (100 ppm); and

(c) The soil and sediment stockpile or placement complies with the District’s erosion and sediment control requirements in Chapter 5 (Water Quality and Pollution) of Title 21 DCMR.

1813.5 No person shall discharge the following into a separate stormwater sewer or waters of the District without obtaining applicable District and federal permits:

(a) Dewatering effluent;

(b) Groundwater treatment system effluent;

(d) Derived waste.

1813.6 A person may include in a well construction work plan request for approval of the placement of fluid waste derived from the construction, maintenance, or abandonment of a well, on the ground surface or in an unlined pit provided:

(a) Representative analytical data indicates compliance with the District Water Quality Standards in Chapter 11 of Title 21 DCMR and all other applicable federal standards or regulations;

(b) The fluid waste is free of solids;

(d) The fluid waste is characterized in accordance with § 1813.2(a) and has a total petroleum hydrocarbons (TPH) concentration of less than one part per million (1 ppm); and

(e) The fluid waste meets the following infiltration requirements:

(1) Erosion and sediment control requirements in Chapter 5 of Title 21 DCMR;

(2) Does not create surface ponding;

(3) Does not discharge onto an adjacent property, a nearby surface water body, or stormwater sewer; and

(4) Does not create or constitute a public nuisance or a hazard to the public health and safety, and the environment.

History

Source: Final Rulemaking published at 63 DCR 13424 (October 28, 2016). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1813

21 DCMR § 1814 WELL CONSTRUCTION REQUIREMENTS: DRILLING FLUIDS

1814.1 Only potable water shall be used to create a water-based drilling fluid.

1814.2 The use of a drilling fluid containing additives shall only be permitted if:

(a) Use of the additive is approved by the Department in the well construction building permit application;

(b) The additive is used in accordance with manufacture’s recommendations; and

History

Source: Final Rulemaking published at 63 DCR 13424 (October 28, 2016). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1814

21 DCMR § 1815 WELL CONSTRUCTION REQUIREMENTS: WELL CASING

1815.1 No person shall use well casing materials, well fittings, or well equipment that creates a condition which poses a hazard to public health and safety or the environment or results in violations of District or federal laws or regulations.

1815.2 Materials to be used for well casing must be appropriate for on-site application and approved by the American Society for Testing and Materials (ASTM), the American Water Works Association, or the NSF International.

1815.3 A well casing shall be strong enough to withstand the structural load and stresses imposed by conditions inside and outside the well during and after construction.

1815.4 A well casing shall be in good condition, free of pits, breaks, or cracks that may compromise the structural integrity or water-tightness of the well casing.

1815.5 Except for pre-packed wells installed using direct push technology, the diameter of the borehole shall be sized to accommodate the well casing and the well annulus requirements specified in § 1818.4.

1815.6 A plastic well casing shall be manufactured of polyvinylchloride (PVC) material and shall be at a minimum Schedule 40 or have a minimum standard dimension ratio of twenty-one (21).

1815.7 A well constructed with plastic PVC material shall not exceed a depth greater than one hundred and fifty feet (150 ft.).

1815.8 If steel casing is used:

(a) The casing shall be new, seamless or electric-resistance welded, galvanized, or black steel. Galvanizing shall be done in accordance with the requirements of ASTM A53/A53M-07, as amended;

(b) The casing, threads, and couplings shall meet or exceed the specifications of ASTM A53/A53M-07 or A589/589M-06, as amended; and

(c) The casing thickness shall meet or exceed the following specifications, unless an alternative thickness is approved in the well construction work plan:

(1) Steel well casing up to and including a nominal size of six inches (6 in.) in diameter shall be at minimum Schedule 40; or

(2) Steel well casing larger than six inches (6 in.) in diameter shall be at the minimum 0.280 inches.

1815.9 If thermoplastic casing is used:

(a) The casing shall be new; and

(b) The casing and joints shall meet or exceed all the specifications of ASTM F480-06b, except that the outside diameters shall not be restricted to those listed in ASTM F480-06b.

1815.10 A steel casing shall be used for a well constructed in crystalline rocks, unless an alternative casing is approved in the well construction work plan.

1815.11 Joints for a well casing shall meet the following requirements:

(a) All joints shall be water tight;

(b) All joints shall be joined in accordance with the manufacturer’s recommendations;

(d) Joints for plastic well casing shall be threaded and not glued.

1815.12 A temporary well casing and liner shall be of such minimum thickness as required to withstand the structural load imposed by conditions inside and outside the well.

History

Source: Final Rulemaking published at 63 DCR 13424 (October 28, 2016). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1815

21 DCMR § 1816 WELL CONSTRUCTION REQUIREMENTS: WELL SCREENS

1816.1 No person shall construct a well in which the well screen extends across more than one aquifer, unless:

(a) A special compliance standard request was submitted in accordance with §§ 1803.10 and 1803.11;

(b) Adequate justification is provided to support the request;

(d) The request is approved by the Department in the well construction work plan.

1816.2 A well that derives water from an unconsolidated aquifer shall be equipped with a well screen that limits the entrance of sediment material into the well following well development.

1816.3 Only a machine-manufactured well screen shall be used in the construction of a well, unless otherwise approved by the Department.

1816.4 A well screen shall have sufficient structural strength to support the intended use of the well.

1816.5 A well screen shall be installed with fittings necessary to seal the well screen to the well casing.

1816.6 A lead packer and lead swedge shall not be used to seal a well screen to the well casing.

1816.7 A fitting shall be provided to close the bottom of the well screen and to cap, plug, or otherwise close the bottom of the well.

1816.8 A well screen of a well sited on a property where a recognized environmental condition has been identified shall be constructed to prevent structural degradation.

History

Source: Final Rulemaking published at 63 DCR 13424 (October 28, 2016). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1816

21 DCMR § 1817 WELL CONSTRUCTION REQUIREMENTS: FILTER PACK IN WELL

1817.1 Except for a pre-packed well, a filter pack shall be placed in the well annulus surrounding the well screen.

1817.2 A filter pack shall extend a minimum of two feet (2 ft.), but no further than three feet (3 ft.) above the well screen.

1817.3 A filter pack shall be comprised of sand or gravel that has been washed with water and is free of clay, silt, and organic material.

1817.4 A filter pack shall not contain iron or manganese in concentrations greater than that in the ground when the well is installed or adversely affect the quality of water withdrawn from the well or the groundwater that comes into contact with the filter pack.

1817.5 A filter pack material stored at the drilling site shall be stored on a clean surface or in a clean container to prevent any on-site contaminants from mixing with the filter pack materials.

1817.6 A filter pack shall be inserted by one of the following methods:

(a) By placing the filter pack down the annulus;

(b) By placing a water-filter pack mix down the annulus; or

(c) By using a tremie pipe to insert a water-filter pack mix at the bottom of the annulus and slowly raising the tremie pipe.

1817.7 A pre-packed well screen shall:

(a) Be used in accordance with the manufacturer’s specifications and recommendations;

(b) Not contain materials that may alter groundwater chemistry or pose a hazard to the environment or public health and safety; and

1817.8 The well filter pack material shall not hydraulically connect otherwise confined aquifers, without prior written approval from the Department.

History

Source: Final Rulemaking published at 63 DCR 13424 (October 28, 2016). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1817

21 DCMR § 1818 WELL CONSTRUCTION REQUIREMENTS: WELL GROUTING

1818.1 Except as provided in §§ 1818.2 and 1818.3, a person constructing a well with an annulus shall pressure grout the well in accordance with the grouting standards of this chapter.

1818.2 The grouting of a monitoring well, observation well, piezometer, injection well, or recovery well shall not be required if all the following conditions are met:

(a) The un-grouted annulus exists above the anticipated water table;

(b) A low-permeable seal a minimum of two feet (2 ft.) thick is installed atop the filter pack;

(d) The well is not constructed or maintained in a manner that allows the vertical migration of contaminants in the aquifer;

(e) The well penetrates a single aquifer; and

(f) The well is abandoned within thirty (30) days of well completion in accordance with §§ 1830 and 1831.

1818.3 The grouting of a dewatering well shall not be required if all the following conditions are met:

(a) The well is constructed to a maximum depth of twenty feet (20 ft.) below ground surface;

(b) The well penetrates a single aquifer;

(c) The well is constructed and maintained in a manner that does not allow the vertical migration of contaminants in the aquifer; and

(d) The well is abandoned within one-hundred and eighty (180) days of well completion in accordance with §§ 1830 and 1831.

1818.4 The annulus of a well to be grouted shall be a minimum of one and one-half inches (1.5 in.) wide, or the diameter of the annulus shall be a minimum of three inches (3 in.) greater than the outside diameter of a well casing.

1818.5 A low-permeability seal a minimum of two feet (2 ft.), but no greater than three feet (3 ft.) thick, shall be placed atop the filter pack to prevent surface water from entering the screened interval.

1818.6 A sodium-based bentonite slurry grout shall be placed on top of the low-permeability seal and extend towards the ground surface with sufficient space to install the upper well terminus.

1818.7 A request may be made to the Department in accordance with §§ 1803.10 and 1803.11 to deviate from the grouting standards of this chapter, provided the deviation does not result in a less protective standards than those set forth in this chapter.

1818.8 A well shall be grouted as soon as feasible, but not later than twenty-four (24) hours after the well casing has been set in place, unless otherwise specified in the well construction building permit or well construction work plan authorized in accordance with the requirements of §§ 1803.10 and 1803.11.

1818.9 If pressure grouting the annulus is not feasible during the construction of a monitoring well, observation well, or a piezometer, the well shall be grouted by pouring medium-size, sodium-based bentonite chips or pellets down the well annulus in a manner that prevents the bridging of the bentonite chips or pellets.

1818.10 A well in which a permanent outer casing is installed shall be grouted in a manner that will allow the grout to set prior to the top of the inner casing being terminated below ground surface.

1818.11 The material of a low-permeability seal shall sustain a hydraulic conductivity equal to or less than 1x10-7 centimeters per second (1x10-7 cm/s) and be comprised of:

(a) Sodium-based bentonite slurry:

(1) At a ratio of two (2) pounds of sodium-based bentonite powder to one (1) gallon of potable water; or

(2) At a mix ratio according to the manufacturer’s specifications, provided that the grout results in a low-permeability seal with a hydraulic conductivity equal to or less than 1 x 10-7cm/s;

(b) Sodium-based bentonite-cement at a ratio of one hundred fifty pounds (150 lbs) of bentonite powder to ninety-four pounds (94 lbs) of portland cement hydrated with eighty-two gallons (82 gal) of potable water;

(c) Hydrated, medium-size bentonite chips at a ratio of one (1) gallon of potable water to twelve and one-half pounds (12.5 lbs.) of medium-size, sodium-based bentonite chips or pellets; or

(d) Hydrated, specially-coated, medium-size bentonite pellets which allow a time-delayed reaction at a ratio of one (1) gallon of potable water to twelve and one-half pounds (12.5 lbs.) of medium-size, sodium-based bentonite chips or pellets.

1818.12 Standards for grouting shall be as follows:

(a) Well grouting shall be performed to provide a water-tight seal against downward fluid migration along the well annulus into the filter pack, well screen, and surrounding aquifer;

(b) A sodium-based bentonite slurry mixture shall be installed by pumping the slurry mixture through a tremie pipe at least one inch (1 in.) in diameter using a positive placement technique;

(c) If a borehole diameter is not wide enough for a slurry mixture to be emplaced using a tremie pipe, the following sodium-based bentonite chips shall be used:

(1) Uncoated, sodium-based bentonite chips shall be used above the potentiometric surface, with a sufficient amount of potable water added to fully hydrate the chips; or

(2) Specially coated, time-release sodium-based bentonite pellets shall be used when several layers of pellets must be emplaced below the potentiometric surface of the well, with a sufficient amount of potable water shall be added to fully hydrate the pellets if there is insufficient groundwater entering the well;

(d) Sodium-based bentonite chips and pellets shall be sized according to the well diameter to be filled, and the chips or pellets shall be less than one fifth (1/5) the radial thickness of the annulus into which they are to be placed, except that medium or coarse sized chips may be used in well diameters from four inches (4 in.) to ten inches (10 in.);

(e) Sodium-based bentonite chips and pellets shall be placed within the borehole in a manner that prevents the bridging of the bentonite chips or pellets;

(f) Medium-size, sodium-based bentonite chips or pellets shall be used at a ratio of one (1) gallon of potable water to twelve and one-half pounds (12.5 lbs.) of medium-size, sodium-based bentonite chips or pellets as follows:

(1) The chips or pellets shall be pre-screened to remove fragments; and

(2) The chips or pellets shall be hydrated in accordance with the manufacturer’s specifications to ensure that the chips or pellets achieve a low-permeability seal with a hydraulic conductivity equal to or less than 1x10-7 cm/s;

(g) If an outer casing is required for a well penetrating a confined or multi-layer aquifer with the potential for aquifer cross-contamination, the space between the open borehole wall and the outer casing shall be pressure grouted, and the following shall be required:

(1) The annulus between the open borehole wall and the outer casing shall be pressure grouted;

(2) The outer casing shall be installed and pressure grouted a minimum of ten feet into the uppermost confining layer; and

(3) In the event the confining layer is less than ten feet (10 ft.) in thickness, the outer casing shall be pressure grouted entirely through the uppermost confining layer;

(h) All grout materials placed in the borehole shall be free of contaminants;

(i) All sand and gravel placed in the borehole shall be silica based and inert, unless a material other than silica is used in a commercially available product that is inert and meets all other grouting requirements;

(j) Drill cuttings or muds shall not be left in boreholes, or placed in the borehole as fill material and shall not be used as a grouting material; and

(k) All grout inserted into a well annulus for sealing purposes shall not be disturbed until the grout has fully set.

1818.13 Grouting materials for unconsolidated formations shall meet the following requirements:

(a) Grout shall be fully hydrated and comprised of sodium-based bentonite, or a sodium-based bentonite-cement mixture comprised of a minimum of five percent (5%) and a maximum of ten percent (10%) sodium-based bentonite, and a minimum of ninety percent (90%) and a maximum of ninety-five percent (95%) cement;

(b) Cement shall be hydrated consistent with § 1818.14(a) of this chapter; and

(c) A sodium-based bentonite clay shall not be used if it may come into contact with groundwater with a known pH below five (5.0) or groundwater having a total dissolved solids content greater than one thousand milligrams per liter (1,000 mg/L).

1818.14 Grouting materials for consolidated formations shall consist of the following:

(a) Portland cement or quick-setting cement in a ratio of no greater than six (6) gallons of water per ninety-four pound (94 lb.) sack of cement or as otherwise authorized by the Department in the well construction work plan;

(b) Sodium-based bentonite powder may be added to the cement grout in an amount of five pounds (5 lbs.) for each ninety-four pound (94 lb.) sack of cement; and

(c) When adding sodium-based bentonite clay to neat Portland cement grout, additional water shall be allowed at a rate of one (1) gallon of water to two pounds (2 lb.) of sodium-based bentonite powder.

1818.15 The grouting of a closed-loop ground source heat pump well shall meet the following requirements:

(a) Approved sealing and filling materials shall include fully hydrated high solids sodium-based bentonite grout comprised of a minimum twenty percent (20%), but no greater than thirty percent (30%) of solids by weight, or approved high efficiency, thermally-enhanced grouts comprised of a maximum twenty percent (20%) by weight silica sand to powdered sodium-based bentonite;

(b) All grout shall meet the manufacturer’s specifications and the hydraulic conductivity of the low-permeability seal shall be equal to or less than 1 x 10-7 cm/s;

(c) The hydraulic conductivity value shall be derived by using American Society for Testing and Materials (ASTM) D-5084 and verified by an independent testing facility certified by American Association of State Highway & Transportation Officials, Materials Reference Laboratory to perform ASTM D5084 at the time of verification;

(d) The entire length of the borehole shall be grouted from bottom to top with sodium-based bentonite or thermally enhanced grout specifically designed to facilitate heat transfer and provide a low-permeability seal;

(e) Grouting shall be completed immediately after installing the geothermal loop or in case of extenuating field conditions, no later than twenty-four (24) hours after installing the geothermal loop;

(f) Open boreholes shall be protected as necessary to prevent the entry of surface water or pollutants;

(g) Boreholes with temporary casing shall be grouted during or before removal of casing depending on borehole stability;

(h) Boreholes with permanent outer casing shall be grouted and the grout shall be allowed to set before the top of the casing is terminated below ground level;

(i) Boreholes with no casing shall be looped and grouted immediately after drilling;

(j) When voids are encountered, including fractures in bedrock and degraded bedrock, the borehole shall be cased from below the void to the surface; and

(k) Boreholes drilled with a mud rotary drilling system in unconsolidated formations shall be looped and grouted immediately after drilling.

1818.16 If the annulus cannot be grouted in accordance with this chapter, the well shall be abandoned in accordance with §§ 1830 and 1831.

1818.17 The Department may impose additional requirements pertaining to the grouting of a well in the well construction building permit to ensure the protection of public health and safety and the environment.

History

Source: Final Rulemaking published at 63 DCR 13424 (October 28, 2016). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1818

21 DCMR § 1819 WELL CONSTRUCTION REQUIREMENTS: WELL DEVELOPMENT

1819.1 A well constructed for the purpose of determining the physical or chemical characteristics of groundwater shall be developed in accordance with the requirements of this section.

1819.2 Well development shall consist of cyclic or intermittent pumping, surging, or both, either mechanically or by using potable water or air under pressure.

1819.3 Well development shall continue until formation cuttings, mud, drilling fluids and additives are removed from the well.

1819.4 Well development shall occur as soon as feasible following installation and after grout is firmly set, but no sooner than twenty-four (24) hours.

1819.5 A well shall be developed to remove the fine sands, silts, clays, and rock particles from the aquifer surrounding the well screen or intake interval, to meet the following requirements:

(a) The water recovered from the well shall contain less than five milligrams (5 mg) of sand or larger particles per liter of water. Particles with a diameter between 0.0625 and 2.0 millimeters shall be considered sands;

(b) The water recovered from the well shall have a turbidity of less than twenty (20) NTU (Nephelometric Turbidity Units), except when the turbidity is due to the oxidation of dissolved iron or manganese naturally occurring in the water; and

(c) The pH, specific conductivity, temperature, and turbidity of the water recovered from the well are determined to be within a ten percent (10%) range and considered at equilibrium.

History

Source: Final Rulemaking published at 63 DCR 13424 (October 28, 2016). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1819

21 DCMR § 1820 WELL CONSTRUCTION REQUIREMENTS: WELL CAPS AND UPPER TERMINUS OF WELL

1820.1 Except as provided in §§ 1820.3 and 1820.4, the upper terminus of a well shall meet the following requirements, unless otherwise approved in writing by the Department in accordance with §§ 1803.10 and 1803.11;

(a) A well shall be covered with a secure and locking well cap, meeting the following requirements:

(1) A well cap shall be constructed to prevent the introduction of contaminants, or any other foreign material including surface runoff;

(2) A vented capping device shall be screened so as to prevent the entry of insect and animals; and

(3) The well cap shall be locked or incapable of removal without the use of tools;

(b) The surface completion shall be set in a cement well pad with minimum dimensions of two feet (2 ft.) by two feet (2 ft.) and domed to prevent water from entering the well;

(c) A protective metal casing with a locking cap shall be installed around a well completed at or above ground surface, extending at least six inches (6 in.) above the top of the well and cemented into place at least one foot (1 ft.) below ground surface; and

(d) A metal housing shall be installed on top of the well completed below ground surface and a limited-access water tight protective cover shall be installed to prevent the inflow of surface water, or the metal housing shall be provided with drains to keep water out of the well and below the well cap.

1820.2 For a well sited within the 100-year floodplain or low lying areas prone to flooding, the top of the well head shall not terminate less than twenty-four inches (24 in.) above the finished ground surface and shall be fully protected from surface water intrusion, unless otherwise approved in accordance with §§ 1803.10 and 1803.11.

1820.3 A dewatering well or ground freeze well constructed for temporary construction applications shall be exempt from § 1820.1, provided all the following conditions are met:

(a) The well is sited within a secured perimeter not accessible to the public;

(b) The well meets the requirements of §§ 1812.1 through 1812.4; and

(c) The well is abandoned within one-hundred and eighty (180) days of well completion in accordance with §§ 1830 and 1831.

1820.4 A monitoring well, observation well, piezometer, injection well or recovery well shall be exempt from §§ 1820.1(b) through 1820.1(d) provided all the following conditions are met:

(a) The well meets the requirements of §§ 1812.1 through 1812.4; and

(b) The well is abandoned within thirty (30) days of well completion in accordance with §§ 1830 and 1831.

1820.5 The upper terminus of an industrial supply well, irrigation supply well, and a domestic supply well shall be required to meet the following standards:

(a) The well shall be constructed with an access port with a minimum inside diameter of one-half inch (0.5 in.), allowing for a water level measurement by a steel or electric tape;

(b) The access port shall be constructed with a removable cap and seal to protect from entry of water, dust, insects, animals, or other foreign material, but allows access for water level measurements;

(d) If a pump motor is installed directly over the well, an access port shall be installed through the pump base or outside the well casing at some accessible point below the base of the pump.

1820.6 A closed-loop ground source heat pump well shall not require a secure and locking well cap provided the closed-loop ground source heat pump well is constructed in accordance with § 1823.

1820.7 The cover of a well completed below ground surface shall be designed to withstand the maximum expected loadings.

1820.8 The construction and use of a well pit, pump pit, or other facility installed or constructed below ground surface are prohibited, unless prior written approval has been granted by the Department in accordance with §§ 1803.10 and 1803.11.

History

Source: Final Rulemaking published at 63 DCR 13424 (October 28, 2016). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1820

21 DCMR § 1821 WELL CONSTRUCTION REQUIREMENTS: WELL LABELING

1821.1 A well registration number issued by the Department in accordance with § 1806 shall be attached or labeled at a visible location to the terminal surface of a well.

1821.2 For closed-loop ground source heat pump wells, the well registration number shall be attached to a visible location along the supply and return line entering the building or vault.

1821.3 A well registration label shall not be required for a soil boring, monitoring well, observation well, piezometer, injection well, or recovery well provided the well is abandoned within thirty (30) days of well completion in accordance with §§ 1830 and 1831.

1821.4 A dewatering well or ground freeze well constructed for temporary construction applications shall not require a well registration label, provided all the following conditions are met:

(a) The well is sited within a secured perimeter not accessible to the public;

(b) The well construction building permit and well completion details are maintained at the property where the well is sited; and

(c) The well is abandoned within one-hundred and eighty (180) days of well completion in accordance with §§ 1830 and 1831.

1821.5 Well registration labels shall be unique to each well registered in accordance with § 1806 and shall not be reused or duplicated for use by other registered or unregistered wells.

History

Source: Final Rulemaking published at 63 DCR 13424 (October 28, 2016). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1821

21 DCMR § 1822 WELL CONSTRUCTION REQUIREMENTS: MONITORING WELL, OBSERVATION WELL, AND PIEZOMETER

1822.1 The construction of a monitoring well, observation well, or piezometer shall be conducted by a method that allows for the determination of characteristics of the geologic materials under the site, unless otherwise approved by the Department in the well construction work plan.

1822.2 A monitoring well, observation well, or piezometer’s uncompleted borehole shall not penetrate to a depth greater than the depth to be monitored, and any portion of the borehole that extends to a depth greater than the depth to be monitored shall be grouted completely to prevent vertical migration of contaminants.

History

Source: Final Rulemaking published at 63 DCR 13424 (October 28, 2016). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1822

21 DCMR § 1823 WELL CONSTRUCTION REQUIREMENTS: CLOSED-LOOP GROUND SOURCE HEAT PUMP WELL

1823.1 A closed-loop ground source heat pump system shall contain pipes, loops, or loop configurations that meet the requirements of this chapter.

1823.2 Unless otherwise specified in this chapter, closed-loop ground source heat pump well exchanger pipe and fitting materials shall meet the standards and specifications in the document Closed-Loop/Geothermal Heat Pump Systems Design and Installation Standards, Revised Edition 2008, published by the International Ground Source Heat Pump Association, Oklahoma State University, which is adopted and incorporated by reference.

1823.3 All closed-loop ground source heat pump well exchanger pipe and fitting materials shall be stenciled with the applicable American Society for Testing and Materials (ASTM) standard.

1823.4 If a closed-loop ground source heat pump well exchanger pipe and fitting materials do not meet the requirements of § 1823.2, the proper documentation of manufacturer specifications shall be supplied to the Department in the well construction work plan for approval.

1823.5 A closed-loop ground source heat pump system installer and licensed well driller shall be experienced, trained, certified, or accredited by a recognized professional organization specializing in the installation of ground source heat pump systems.

1823.6 A closed-loop ground source heat pump well and system shall not be designed or operated in a manner to allow system heating or cooling of soil, rock, or water beyond the property line where the well is sited.

1823.7 Permanent casing shall be used for a closed-loop ground source heat pump well sited on a property where a recognized environmental condition has been identified.

1823.8 Permanent casing for closed-loop ground source heat pump wells shall be constructed of new steel where organic contaminants are present.

1823.9 A closed-loop ground source heat pump well shall be constructed with a high density polyethylene (HDPE) factory manufactured pipe forming a loop, and shall be grouted in accordance with § 1818.15.

1823.10 Pipe joints and fittings installed and buried shall be socket or butt thermally fused or electro-fused according to the pipe manufacturer’s specifications.

1823.11 Glued or clamped pipe joints shall not be used below ground.

1823.12 Dimensions for closed-loop ground source heat pump systems shall meet the following requirements:

(a) A pipe with a diameter of less than one and one quarter inch (1.25 in.) (3.175 cm) (nominal) shall be manufactured in accordance with ASTM D-3035 with a minimum (based on pressure rating) dimension ratio of 11;

(b) A pipe with a diameter from one and one quarter inch (1.25 in)(3.175 cm) (nominal) up to three inches (3 in.) (7.62 cm) in diameter shall be manufactured in accordance with ASTM D-3035 with a minimum (based on pressure rating) dimension ratio of 11; and

(c) A pipe with a diameter of three inches (3 in.) (7.62 cm) (nominal) and larger shall be manufactured in accordance with ASTM D-3035, with a minimum (based on pressure rating) dimension ratio of 17 or D-2447 (Schedule 40).

1823.13 The closed-loop ground source heat pump boring diameter shall be a minimum of four inches (4 in.) to sufficiently allow the placement of grout using a tremie pipe and the heat exchanger loop piping.

1823.14 Flushing, purging, pressure, and flow testing of closed-loop ground source well and system components shall meet the following requirements:

(a) The loops shall be pressure tested before installation;

(b) All horizontal components of the ground heat exchanger shall be flushed, pressure tested, and flow tested prior to backfilling;

(c) The heat exchangers shall be tested hydrostatically at one hundred and fifty percent (150%) of the pipe design rating or three hundred percent (300%) of the system operating pressure, if this value is the smaller of the two; and

(d) No visible leaks shall occur within a thirty (30) minute period.

1823.15 All buried pipes and plumbing shall be marked with underground warning tape at a depth of twenty-four inches (24 in.).

1823.16 All closed-loop ground source heat pump system piping shall be capped and protected until the manifold piping is ready to be connected.

1823.17 All closed-loop ground source heat pump system piping shall be connected to the building in accordance with the manufacturer’s recommendations and all local building and plumbing codes.

1823.18 The solution contained in a closed-loop ground source heat pump well piping system shall not contain any substances that pose a hazard to the public health and safety or the environment and shall be:

(a) Potable water; or

(b) A food-grade quality antifreeze solution that is non-toxic, non-corrosive, long-lasting, and that does not exceed twenty percent (20%) antifreeze in solution.

1823.19 Pressure testing of the closed-loop ground source heat pump system network shall be conducted prior to putting the system into operation.

1823.20 No person shall install any other type of ground source heat pump system not specified in this chapter unless approved by the Department in the well construction work plan.

1823.21 A person requesting the use of materials or procedures that differ from those provided in this section shall provide documentation demonstrating that the substitute materials or procedures are in compliance with relevant District construction codes and International Ground Source Heat Pump Association standards, and that such use would provide an equivalent material strength and durability.

1823.22 The construction of an open-loop ground source heat pump system shall be prohibited.

History

Source: Final Rulemaking published at 63 DCR 13424 (October 28, 2016). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1823

21 DCMR § 1824 WELL CONSTRUCTION REQUIREMENTS: GROUND FREEZE WELL

1824.1 The American Society for Testing and Materials (ASTM) standard A-120/A-53 steel shall be used for subsurface freeze pipes, unless otherwise approved in a well construction work plan by the Department in accordance with §§ 1803.10 and 1803.11.

1824.2 The subsurface connections of steel freeze pipes installed in a ground freeze well shall be welded.

1824.3 A ground freeze well system shall be installed by a licensed well driller experienced in installing ground freeze well systems or trained, certified, or accredited by a recognized professional organization specializing in the installation of ground freeze well systems.

1824.4 Flushing, purging, pressure, and flow testing of a ground freeze well and system components shall meet the following requirements:

(a) The loops shall be pressure tested before installation; and

(b) All horizontal components of the ground freeze distribution manifold shall be flushed, pressure tested, and flow tested prior to backfilling.

1824.5 No coolant fluid or refrigerant circulated within the ground freeze downhole piping or ground freeze distribution manifold shall contain any substances that pose a hazard to public health and safety or the environment.

1824.6 Pressure testing of the ground freeze well system shall be conducted and operating pressures shall be maintained in accordance with the manufacturer’s specifications prior to putting the system into operation.

History

Source: Final Rulemaking published at 63 DCR 13424 (October 28, 2016). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1824

21 DCMR § 1825 WELL CONSTRUCTION REQUIREMENTS: RECOVERY WELL

1825.1 The materials and the methods used to construct, maintain, and abandon a recovery well shall be compatible with the chemical and physical properties of the pollutants known to exist or potentially exist where a well will be sited.

1825.2 A recovery well borehole shall not penetrate to a depth greater than the depth from which contaminants are to be recovered.

1825.3 If a well or borehole extends to a depth greater than the depth from which contaminants are to be recovered, the well or borehole shall be grouted in accordance with § 1818 to prevent vertical migration of contaminants.

1825.4 No person shall discharge the effluent of a recovery well to the waters of the District prior to obtaining all applicable District and federal permits.

History

Source: Final Rulemaking published at 63 DCR 13424 (October 28, 2016). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1825

21 DCMR § 1826 WELL CONSTRUCTION REQUIREMENTS: REPORTING

1826.1 Within sixty (60) calendar days of construction of a new well, a well owner shall provide a well completion report to the Department in accordance with the reporting requirements of § 1826.3.

1826.2 A well completion report shall not be required for a well currently under a Department regulatory action, or for a well that is exempt from the well construction building permit requirement pursuant to § 1802.

1826.3 A well completion report submitted to the Department shall include the following details:

(a) The well owner’s name, mailing address, telephone number, and electronic mailing address;

(b) The property owner’s name, mailing address, telephone number, and electronic mailing address, if different from the information provided pursuant to § 1826.3(a);

(c) The physical location of the property on which the well is sited, in the form of a physical address, a square, suffix, and lot, or closest physical location identifier;

(d) The well construction as-built schematic detailing the well construction;

(e) The intended use of the well;

(f) The building permit number;

(g) The well registration number;

(h) The well construction completion date;

(i) The horizontal location of the well using either the Maryland State Plane Coordinate System or latitude and longitude;

(j) The vertical elevation of the well casing based upon the North American Datum 1988 (NAVD88), if required;

(k) The placement and description of any equipment or materials that were or could be placed in the well such as, pumps or liners, or any water-impacting activities;

(l) The geological boring logs;

(m) The well development logs;

(n) A statement signed by the well owner that the well was constructed in accordance with well construction building permit issued by DCRA, the well construction work plan, the well registration, and in accordance with the well construction procedures of this chapter; and

(o) Any other relevant information not included in the well construction building permit application or the well registration application.

History

Source: Final Rulemaking published at 63 DCR 13424 (October 28, 2016). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1826

21 DCMR § 1827 WELL USE AND MAINTENANCE: GENERAL

1827.1 A well owner shall maintain a well in a manner that does not pose a hazard to public health and safety or the environment.

1827.2 The well owner shall ensure that the use and maintenance of a well is conducted in accordance with the well construction building permit, the well construction work plan, the well registration conditions, and all District and federal laws and regulations.

1827.3 If a well owner is unable or unwilling to use or maintain a well in accordance with § 1827.2, the well owner shall:

(a) Submit a request to the Department for special standards in accordance with the requirements of §§ 1803.10 and 1803.11; or

(b) Abandon the well in accordance with §§ 1830 and 1831.

1827.4 If the maintenance of a well requires a modification or material change to the original permitted design, specifications, use, or construction of the well, a well owner shall submit a well construction work plan for review and approval by the Department.

1827.5 Within sixty (60) days of work completed in accordance with § 1827.4, the well owner shall submit to the Department a report detailing the work that was performed with supporting documentation.

1827.6 No person shall use or maintain a well that may significantly deplete or degrade groundwater resources or significantly interfere with groundwater recharge.

1827.7 No person shall discharge fluids withdrawn from a well to a separate stormwater sewer or waters of the District that may cause a violation of the District Water Quality Standards in Chapter 11 of Title 21 of the District of Columbia Municipal Regulations (DCMR), result in acute or chronic exposure to aquatic biota, or pose a hazard to the public health and safety or the environment, without obtaining applicable District and federal permits.

1827.8 A well owner shall ensure that sampling equipment used in a well is free of contaminants and that decontamination procedures are performed in accordance with EPA-approved procedures.

1827.9 A well owner shall ensure that dedicated sampling equipment used in a well is maintained in accordance with the manufacturer’s specifications and does not pose a hazard to public health and safety or the environment.

1827.10 A well owner shall use materials for the maintenance of a well that meets the requirements for new construction, in accordance with §§ 1815 through 1826.

1827.11 A well owner shall notify the Department within twenty-four (24) hours of discovery of damage to a well or a well not operating in accordance with its approved use.

1827.12 No person shall maintain a well through the application of chemical treatment except in accordance with a well maintenance work plan reviewed and approved by the Department.

1827.13 A well owner shall repair or replace broken, punctured, or otherwise defective or unserviceable well casing, well screen, fixtures, seals, or any part of the well head, or the well owner shall properly abandon and seal the well as specified in §§ 1830 and 1831.

History

Source: Final Rulemaking published at 63 DCR 13424 (October 28, 2016). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1827

21 DCMR § 1828 WELL USE AND MAINTENANCE: MONITORING OR OBSERVATION WELL

1828.1 When conducting the well development of a monitoring or observation well, a well owner shall allow groundwater flow conditions to equilibrate prior to purging the well.

1828.2 If the well construction or well development methods introduced fluids, following the development of the well, a well owner shall allow the well to rest at least seven (7) days prior to purging and sampling.

1828.3 Prior to sampling a monitoring or observation well, a person shall purge the well to facilitate collection of an accurate, reproducible, and representative groundwater sample, in accordance with appropriate EPA-approved sampling procedures.

1828.4 An owner of a monitoring or observation well shall maintain the well to ensure that any testing procedures are appropriate for the intended use as stated on the well construction building permit and in the well construction work plan.

1828.5 An owner of a monitoring or observation well shall comply with the data collection requirements of the District’s Water Quality Monitoring Regulations in Chapter 19 (Water Quality Monitoring Regulations) of Title 21 DCMR if the results are to be submitted to the Department for regulatory and applicable decision-making purposes.

History

Source: Final Rulemaking published at 63 DCR 13424 (October 28, 2016). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1828

21 DCMR § 1829 WELL USE AND MAINTENANCE: INJECTION WELL

1829.1 A well owner shall obtain written approval from the Department in accordance with the requirements of this chapter for the injection of a substance into a well or an injection system within the District.

1829.2 A well owner shall obtain an EPA Underground Injection Control Permit or an exemption from such permit for the injection of a substance into a well or an injection system within the District.

1829.3 A well owner or a person responsible for injecting a fluid into a well by active or passive means shall prevent, to the maximum extent possible, the migration of a hazardous substance, a hazardous waste, or a pollutant beyond the boundary of the property where the well is sited, to a human or ecological receptor, or to the waters of the District.

1829.4 A well owner or a person responsible for injecting a fluid into a well shall minimize any negative impact to the natural degradation of a contaminant not targeted for treatment by the injection system.

1829.5 A person responsible for injecting water into a well for testing purposes, including determining soil hydraulic conductivity, shall ensure that the water is clean, potable, and meets the District Water Quality Standards in Chapter 11 of Title 21 of the District of Columbia Municipal Regulations.

History

Source: Final Rulemaking published at 63 DCR 13424 (October 28, 2016). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1829

21 DCMR § 1830 WELL ABANDONMENT REQUIREMENTS: GENERAL

1830.1 Except in accordance with §§ 1802.3 and 1802.7, at least thirty (30) days prior to abandoning a well, a well owner shall submit to the Department a well abandonment work plan for review and approval by the Department.

1830.2 A well abandonment work plan submitted to the Department shall include the following details, in addition to the information provided in § 1826.3:

(a) The reason(s) for abandonment;

(b) The depth and diameter of the well;

(d) The details describing how any waste materials from the abandoned well or derived from well abandonment will be collected and disposed of in accordance with District and federal laws and regulations;

(e) The details regarding the well’s condition and whether or not any obstructions exist that may potentially interfere with the abandonment processes;

(f) The well driller’s name, address, telephone number, electronic mailing address, a copy of the pertinent Department of Consumer and Regulatory Affairs licenses, and a copy of the well driller’s license;

(g) A statement signed by the well owner that the well will be abandoned in accordance with the well abandonment requirements of this chapter; and

(h) Any other relevant details.

1830.3 A well shall be abandoned in accordance with the approved well abandonment work plan within sixty (60) days of Department approval of the plan.

1830.4 During the abandonment of a well, a Department-approved well abandonment work plan may be modified only if:

(a) The well owner immediately notifies the Department;

(b) The modification of the well construction building permit, and well construction work plan, or well abandonment work plan does not violate District or federal laws or regulations; and

(c) A well abandonment report is submitted to the Department detailing the modifications or revisions to the well abandonment work plan.

1830.5 If additional time is required to abandon a well a request may be submitted to the Department in accordance with §§ 1803.10 and 1803.11.

1830.6 A dewatering well shall be permanently abandoned in accordance with the requirements of this chapter as soon as the dewatering period ends, but no later than seven (7) calendar days following the termination of pumping.

History

Source: Final Rulemaking published at 63 DCR 13424 (October 28, 2016). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1830

21 DCMR § 1831 WELL ABANDONMENT PROCEDURES

1831.1 A person abandoning a well shall, if feasible, remove all obstructions that may interfere with the effective sealing operations by cleaning out the borehole or re-drilling.

1831.2 A person abandoning a well shall remove all well upper terminus completion structures and well casing.

1831.3 If the removal of the well casing or obstructions is not feasible, the following shall be performed to ensure that the well casing and annulus or voids are filled with sealing or fill materials:

(a) Rip or perforate the well casing below ground surface;

(b) Over-drill the well casing for removal; or

1831.4 The abandoned well shall be completely filled and sealed in such a manner that vertical fluid migration within the well, including the annulus surrounding the well casing, is effectively and permanently prevented.

1831.5 The following materials shall be used for filling and sealing a well for abandonment:

(a) A sodium-based bentonite slurry; or

(b) Hydrated, medium size, sodium-based bentonite chips or pellets, if:

(1) The diameter of the well casing is less than one and one-quarter inches (1.25 in.) and the well is not over-drilled for abandonment; or

(2) The well is no more than ten (10) feet below ground surface; and

(i) The terminus of the well does not intersect the water table; and

(ii) The well is sited greater than twenty-five feet (25 ft.) from the mean high watermark of a waters of the District or waters of the United States of America and twenty-five feet (25 ft.) from a wetland.

1831.6 In the event the diameter of a well does not allow for a slurry mixture to be emplaced using a tremie pipe, sodium-based chips or pellets shall be used in accordance with § 1818.

1831.7 Clay, silt, sand, gravel, crushed stone, and mixtures of these materials are considered fill material, and shall only be used under the following conditions:

(a) In soil borings in areas where no known or suspected, historic or current, groundwater or soil contamination exists;

(b) In a manner that shall mimic the original, stratigraphic layering of geologic units;

(d) In a manner that shall not cause negative impacts to groundwater quantity or quality; and

(e) With prior written approval of the Department in accordance with §§ 1803.10 and 1803.11 or 1830.1.

1831.8 A well shall be abandoned by filling it with the appropriate sealing materials introduced at the bottom of the well by using a tremie pipe and placed progressively upward to at least two feet (2 ft.) below ground surface.

1831.9 The abandoned well shall be furnished with suitable materials to create a final cover similar to that of the surrounding area, such as a cold patch, or a non-coal tar based hot patch, or native soils or a combination of these materials.

1831.10 All abandonment sealing material shall be placed in one continuous operation using methods that prevent free fall, bridging, dilution, or separation of aggregates from cementing materials, unless otherwise approved by the Department.

1831.11 A well in a consolidated formation shall be filled by placing gravel in the water producing zones, and cement or cement-grout in accordance with § 1818.14 in the non-water producing zones to the ground surface. A suitable packer shall be placed between the gravel and the sealing material.

1831.12 A well penetrating a confined and multiple aquifer formation shall be abandoned by placing sealing materials throughout the confining horizon and water producing zone(s).

1831.13 In a well penetrating a consolidated formation where known contaminants exist, only cement or cement-grout in accordance with § 1818.14 shall be used to seal and abandon a well.

1831.14 In a multiple aquifer well, the well shall be filled and sealed in such a way that exchange of water from one aquifer to another is prevented and all fluids are permanently confined to the specific strata in which they were first encountered.

1831.15 A person abandoning a closed-loop ground source heat pump well or ground freeze well shall comply with the following procedure:

(a) Pressure test the closed-loop system including the well and header piping, to identify any leaks and isolate and seal them with high solids, low-permeability grout equal to or less than 1 x 10-7 cm/s;

(b) Capture any circulation fluids and flush the loop piping with potable water to remove all contaminants in non-leaky piping systems;

(d) After pressure testing and flushing the system, fill the loops with potable water;

(e) Cut off the piping in the well at least five feet (5 ft.) below the ground surface and seal it with a permanent fusion cap;

(f) If gaps are found in the annulus grout seal during the decommissioning process, pump grout into the deficient borehole annulus in a continuous operation until undiluted grout returns to the surface;

(g) If there is visual evidence of subsidence greater than one foot (1 ft.) at a well, excavate the ground to the top of the well, and grout the open well using a tremie pipe or by surface methods consistent with the requirements of § 1818;

(h) If a previously decommissioned closed-loop ground source heat pump system is breached and no known contaminant is present, reseal the system using a permanent fusion cap; and

(i) If contaminants are known or suspected to have entered a damaged pipe, purge the pipe again, fill it with potable water, and reseal.

History

Source: Final Rulemaking published at 63 DCR 13424 (October 28, 2016). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1831

21 DCMR § 1832 INSPECTION

1832.1 Upon the presentation of appropriate credentials to the well owner and the property owner where a well is sited, the Department may:

(a) Access the property where a well is sited;

(b) Inspect and copy any records kept in accordance with this chapter, including any reports, information, or analytical data; and

(c) Inspect and collect a sample of any soil or water to assist in regulating the quality of waters of the District and ensuring compliance with this chapter, or with conditions stated in the well construction building permit or well registration.

1832.2 If the construction, maintenance, or abandonment of a well is conducted contrary to the approved well construction building permit or work plan or in a manner that poses or causes a hazard to the public health and safety or the environment, the well owner shall immediately stop all work and immediately notify the Department.

1832.3 A well owner shall ensure that the Department-approved well construction building permit and work plan are present at the site during well construction activities and available to the Department’s site inspector upon request.

History

Source: Final Rulemaking published at 63 DCR 13424 (October 28, 2016). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1832

21 DCMR § 1833 ENFORCEMENT AND PENALTIES

1833.1 The Department may issue an order requiring compliance with this chapter or elimination of any violation.

1833.2 The Department may order a well owner to abandon a well in accordance with §§ 1830 and 1831 if the Department determines that any of the following conditions apply:

(a) The well poses a hazard to public health and safety or the environment; or

(b) The well is not constructed in accordance with the standards of this chapter.

1833.3 No person shall continue any work related to the construction, maintenance, or abandonment of a well for which a stop work order has been served, except such work as the person has been directed by the Department to perform to correct a violation.

1833.4 Each instance or day of a violation of each provision of this chapter shall be a separate violation.

1833.5 The Department may seek criminal prosecution if a person violates a provision of this chapter, pursuant to the Water Pollution Control Act of 1984, effective March 16, 1985 (D.C. Law 5-188; D.C. Official Code § 8-103.16).

1833.6 The Department may bring a civil action in the Superior Court of the District of Columbia, or any other court of competent jurisdiction, for civil penalties, damages, and injunctive or other appropriate relief, pursuant to the Water Pollution Control Act of 1984, effective March 16, 1985 (D.C. Law 5-188; D.C. Official Code §§ 8-103.17 and 8-103.18).

1833.7 As an alternative to a civil action, the Department may impose an administrative civil fine, penalty, and order for costs and expenses pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code §§ 2-1801 et seq.).

1833.8 When civil infraction fines are the only penalties pursued in a particular case, the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code §§ 2-1801.01 et seq.) and the regulations adopted thereunder shall govern the proceedings in lieu of this chapter, and where there is a violation, a notice of infraction may be issued without first issuing a notice of violation or threatened violation.

1833.9 Except when otherwise provided by statute, a person violating a provision of this chapter shall be fined according to the schedule set forth in Title 16 (Consumers, Commercial Practices, and Civil Infractions) of the District of Columbia Municipal Regulations.

1833.10 Neither a criminal prosecution nor the imposition of a civil fine or penalty shall preclude an administrative or judicial civil action for injunctive relief or damages, including an action to prevent unlawful construction or to restrain, correct, or abate a violation on or about any premises, or to recover costs, fees, or money damages, except that a person shall not, for the same violation of this chapter, be assessed a civil fine and penalty through both the judicial and the administrative processes.

History

Source: Final Rulemaking published at 63 DCR 13424 (October 28, 2016). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1833

21 DCMR § 1834 ADMINISTRATIVE APPEALS AND JUDICIAL REVIEW

1834.1 With respect to a matter governed by 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.), or OAH’s successor.

1834.2 For the purposes of this chapter, an action of the Department taken with respect to a person includes:

(a) An approval;

(b) A denial;

(d) An order;

(e) A notice of infraction;

(f) A determination; or

(g) Any other action of the Department which constitutes the consummation of the Department’s decision-making process and is determinative of a person’s rights or obligations.

1834.3 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) Within another period of time, if expressly provided in a section of this chapter governing a particular Department action.

1834.4 Notwithstanding another provision of this section, the Department may toll a period for filing an administrative appeal with OAH if it does so explicitly in writing before the period expires.

1834.5 OAH shall:

(a) Resolve an appeal or Notice of Infraction 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

1834.6 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.

1834.7 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.

1834.8 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) Permit; or

(2) Other right;

(b) To the party who asserts an affirmative defense; and

1834.9 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.

1834.10 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.

History

Source: Final Rulemaking published at 63 DCR 13424 (October 28, 2016). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1834

21 DCMR § 1899 DEFINITIONS

1899.1 When used in this chapter, the following terms shall have the meanings ascribed (definitions that are codified in the relevant Acts are indicated as [Statutory], and are reprinted below for regulatory efficiency):

Abandonment - the act of properly sealing a well.

Annulus - the space between two cylindrical objects one of which surrounds the other, such as the space between a drill hole and a well casing pipe or between two well casings.

Aquifer - a geologic unit or formation that is water bearing and yields water.

Aquifer cross-contamination - a condition in which contaminates have migrated from one aquifer to another via any hydraulic connection or hydraulic mechanism.

ASTM – the American Society for Testing Materials.

Casing - the pipe or tubing, constructed of specific materials with specified dimensions and weights, which is installed in a borehole during or after completion of a well, to prevent formation material from entering the well, and to prevent entry of undesirable substances into the well.

Closed-loop ground source heat pump system - a ground source heat pump system that utilizes closed-loop ground source heat pump wells.

Closed-loop ground source heat pump well - a well in which fluid is circulated in a continuous closed-loop fluid system, installed beneath the surface of the earth or in a medium where the system can obtain sufficient cooling or heat exchange.

Confined aquifer - an aquifer bounded above and below by confining units.

Confining unit - a body of impermeable or distinctly less permeable material above or below an aquifer.

Consolidated formation - any geologic formation in which the earth materials have become firm and coherent through natural rock forming processes.

Contaminant - a biological, chemical, physical, or radiological material that poses a hazard to public health and safety or the environment, or interferes with a designated or beneficial use of the District of Columbia’s waters.

DCRA – the District of Columbia Department of Consumer and Regulatory Affairs.

Department – the Department of Energy and Environment.

Department regulatory action - a Department action(s), including remedial or removal actions, performed under the Voluntary Remedial Action Program, pursuant to Section 6213 of Title 20 (Environment) of the District of Columbia Municipal Regulations (DCMR); the District of Columbia Underground Storage Tank Management Act of 1990, as amended (D.C. Official Code §§ 8-113.01 et seq.), and its implementing regulations in Chapters 55-70 of Title 20 DCMR; the Voluntary Cleanup Program, pursuant to D.C. Official Code §§ 8-633.01 et seq.; or the District of Columbia Brownfield Revitalization Amendment Act of 2000, as amended (D.C. Official Code §§ 8-631 et seq.).

Derived waste - any unwanted, or discarded material, solid, liquid, or gas, that is derived from well construction, operations, maintenance, and abandonment activities including drill cuttings, drilling fluids, mud slurries, or well decontamination, development or purge waters.

Dewatering well - a well used to lower groundwater levels for construction such as for footings, sewer lines, building foundations, elevator shafts, or parking garages.

Discharge - spilling, leaking, releasing, pumping, pouring, emitting, emptying, or dumping of any pollutant or hazardous substance, including a discharge from a storm sewer, into or so that it may enter District of Columbia waters. [Statutory]

District - the District of Columbia. [Statutory]

Domestic supply well - a water supply well used for potable water supply purposes, including drinking, bathing, showering, cooking, dishwashing, and maintaining oral hygiene.

Drill cuttings - any material, typically solids, removed from a borehole during drilling activities.

Drilling fluid - water or air-based fluid used in a well drilling operation.

EPA – the United States Environmental Protection Agency.

Filter pack - clean, well-rounded, smooth, uniform sand or gravel, which is placed in the annulus of the well between the borehole wall and the well screen to prevent formation material from entering the well.

Floodplain - a relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river, or watercourse; or any area subject to the usual and rapid accumulation of surface waters from any source; as depicted in the Flood Insurance Rate Map and Flood Insurance Study for the District prepared by the Federal Emergency Management Agency.

Formation - a distinct assemblage of earth materials, consolidated or unconsolidated, grouped together into a unit that is convenient for description or mapping.

Gravel - any loose rock that is larger than two millimeters (2 mm).

Ground freeze well – a well constructed for the installation of subsurface freeze pipes designed to freeze the surrounding soil and groundwater to increase their combined strength and create an impervious strata; ground freezing is typically used for construction of shafts, deep excavations, tunnels, groundwater control, structural underpinning, and containment of hazardous waste.

Ground source heat pump system - a mechanical system for heating and cooling that utilizes the naturally occurring, ambient ground temperature and the transfer of thermal energy to or from the earth.

Groundwater - underground water, except for water in pipes, tanks, and other containers created or set up by people.

Grout - any stable, impervious, bonding material reasonably free of shrinkage which is capable of providing a water-tight seal in the annular spaces of a well.

Hazardous Substance - any toxic pollutant referenced in or designated in or pursuant to § 307(a) of the Federal Water Pollution Control Act; any substance designated pursuant to § 311(b)(2)(A) of the Federal Water Pollution Control Act; or any hazardous waste having the characteristics of those identified under or listed pursuant to the District of Columbia Hazardous Waste Management Act of 1977, as amended.

Hazardous waste - any waste or combination of wastes of a solid, liquid, contained gaseous, or semisolid form which, because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. Such wastes include, but are not limited to, those which are toxic, carcinogenic, flammable, irritants, strong sensitizers, or which generate pressure through decomposition, heat or other means, as well as containers and receptacles previously used in the transportation, storage, use or application of the substances described as a hazardous waste.

Industrial supply well - a non-potable water supply well used to supply water to an industrial or commercial facility for use in the production of goods and services.

Infiltration test - any method used to measure the rate that stormwater may move vertically through the soil profile.

Infiltration/Exfiltration well - below ground surface device primarily used to detain stormwater runoff before allowing it to infiltrate the device’s sidewalls and bottom prior to treatment and release to the surrounding soil.

Injection well - a well through which liquid or gas is injected, under pressure or gravity flow, into the subsurface for the purpose of maintaining formation pressure, recharging the aquifer, or the treatment of contaminants.

Installation - any structure, equipment, facility, or appurtenances thereto, operation, or activity which may be a source of pollution.

Irrigation supply well - a non-potable water supply well used for irrigating land, crops, or other plants other than household lawns and gardens.

Licensed well driller - a person licensed by a state or federal district to be responsible for on-site work relating to the drilling, construction, development, testing, maintenance or abandonment of a well; well rehabilitation and repair; and the installation, modification, or repair of a well pump or related equipment.

Lot - a lot recorded on the records of the Surveyor of the District of Columbia.

Maintenance - any action undertaken to prevent the deterioration of a well from its original permitted and registered specifications or any action undertaken to restore a well to its original permitted and registered specifications, enabling a well to operate according to its intended use.

Modification - the alteration or rework of a well involving a material change in the original permitted design or construction, including but not limited to deepening, increasing the diameter, casing, perforating, and screen removal.

Monitoring well - a well installed for the sole purpose of assessing subsurface conditions and collecting groundwater samples.

Multi-layer aquifer – an aquifer containing unconsolidated units of varying permeability or zones bound by confining units.

Non-point source - any source from which pollutants are or may be discharged other than a point source.

Observation well - a well used for the sole purpose of determining groundwater levels.

Open-loop ground source heat pump system - a ground source heat pump system that withdraws groundwater from a well for use in the heat exchange unit of the system and then discharges the groundwater to the aquifer via a return well or standing column well or to a surface water body.

Person - any individual, including any owner or operator as defined in this chapter; partnership; corporation, including a government corporation; trust association; firm; joint stock company; organization; commission; the District or federal government; or any other entity. [Statutory]

Piezometer - a non-pumping, non-potable well used for measuring ground water levels or potentiometric surface.

Point source - any discrete source of quantifiable pollutants, including but not limited to a municipal treatment facility discharge, residential, commercial or industrial waste discharge or a combined sewer overflow; or any discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. [Statutory]

Pollutant - any substance which may alter or interfere with the restoration or maintenance of the chemical, physical, radiological, and biological integrity of the waters of the District; or any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemicals, chemical wastes, hazardous wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, oil, gasoline and related petroleum products, and industrial, municipal, and agricultural wastes. [Statutory]

Potable - water that is free from impurities in amounts sufficient to cause disease or harmful physiological effects and that conforms with the National Primary Drinking Water Standards as listed in 40 C.F.R. Part 141.

Potentiometric surface - a surface representing the hydraulic head of ground water, represented by the water-table altitude in an unconfined aquifer or by the altitude to which water will rise in a properly constructed well in a confined aquifer.

Pressure grouting - a process by which grout is confined within the borehole or casing and by which sufficient pressure is applied to drive the grout into and within the annular space or zone to be grouted.

Property owner - a person listed as the legal titleholder of record of real property.

Purge - the act of removing groundwater from a well to collect groundwater samples that are representative of aquifer conditions, commonly accomplished by using a pump, prior to collecting accurate, reproducible, and representative groundwater samples for field and/or laboratory analysis.

Recognized environmental condition - the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property due to any release to the environment, under conditions indicative of a release to the environment or, under conditions that pose a material threat of future release to the environment. The term includes hazardous substances or petroleum products even under conditions in compliance with laws and regulations.

Recovery well - a well used to withdraw groundwater for disposal or treatment of contaminants contained within the groundwater.

Remediation - an activity performed with the intent to recover, dispose of, clean up, or treat pollutants or contaminants.

Sanitary protection - any means of protecting groundwater from contaminants from entering a well.

Separate stormwater sewer - a system of pipes or other conduits, including road drainage systems, catch basins, curbs, gutters, ditches, man-made channels, and storm drains, used to convey untreated stormwater directly to waters of the District and not part of a combined or sanitary sewer systems.

Site - a tract, lot, or parcel of land, or a combination of tracts, lots, or parcels of land for which development is undertaken as part of a unit, sub-division, or project.

Sodium-based bentonite - a plastic, colloidal clay derived from volcanic ash consisting of at least eighty-five percent (85%) montmorillonite, with an ability to absorb fresh water and swell in volume.

Soil Boring - a well constructed without the installation of a well casing, well screen, or the placement of other construction materials down hole, for the purpose of determining the physical or chemical characteristics of soil or groundwater.

Standard Dimension Ratio (SDR) - the quotient obtained when the outside diameter of thermoplastic well casing is divided by the wall thickness.

Stormwater Management Guidebook - the current manual published by the Department containing design criteria, specifications, and equations to be used for planning, design, and construction, operations, and maintenance of stormwater and best management practices.

Surface water - all of the rivers, lakes, ponds, wetlands, inland waters, streams, and all other water and water courses within the jurisdiction of the District of Columbia.

Temporary well casing - a durable pipe placed or driven into a borehole to maintain an open annular space around the permanent casing during construction of a well.

Unconfined aquifer - an aquifer in which no relatively impermeable layer exists between the water table and the ground surface and an aquifer in which the water surface is at atmospheric pressure.

Unconsolidated formation or aquifer - any loosely cemented or poorly indurated earth material including such materials as uncompacted gravel, sand, silt and clay. Alluvium, soil, and overburden are terms frequently used to describe such formations.

Waters of the District - flowing and still bodies of water, whether artificial or natural, whether underground or on land, so long as in the District of Columbia, but excludes water on private property prevented from reaching underground or land watercourses, and also excludes water in closed collection or distribution systems. [Statutory]

Water Quality or Quality of Water – refers to the chemical, physical, biological, and radiological characteristics of water.

Water supply well - a potable or non-potable well used to supply water for industrial, irrigation, or domestic purposes.

Well - any test hole, shaft, or soil excavation created by any means including, but not limited to, drilling, coring, boring, washing, driving, digging, or jetting, for purposes including, but not limited to, locating, testing, diverting, artificially recharging, or withdrawing fluids, or for the purpose of underground injection. [Statutory]

Well casing - a pipe placed in a borehole to provide unobstructed access to the subsurface or to provide protection of groundwater during and after well installation, or both. Inner well casing (also known as riser pipe) which extends from the well screen to or above the ground surface provides access to groundwater from the surface and outer well casing is used to prevent migration of contaminants from one aquifer to another.

Well construction building permit - a building permit issued by DCRA with a well construction work plan approved by the Department.

Well development - the act of removing fine particulate matter or fluids used during the construction of a well to clear the well and establish a good hydraulic connection with the surrounding aquifer by any means, including surging, jetting, overpumping, and bailing.

Well owner - a person who has the legal right to construct a well for personal use or for the use of another person. [Statutory]

Well screen - a structural device which supports the well excavation, allows entrance of sub-surface fluids into a well or exit from a recharge well, and which acts as a filter to keep sediment from entering a well.

Wetland - a marsh, swamp or other area periodically inundated by tides or having saturated soil conditions for prolonged periods of time and capable of supporting aquatic vegetation. [Statutory]

History

Source: Final Rulemaking published at 63 DCR 13424 (October 28, 2016). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 1899

21-19 WATER QUALITY MONITORING REGULATIONS

21 DCMR § 1900 PURPOSE AND SCOPE

1900.1 The purpose of this chapter is to provide for accurate, consistent and reproducible water quality monitoring data for decisionmaking purposes. This chapter shall apply to ambient surface and ground water quality monitoring, special monitoring studies, compliance monitoring, monitoring required as a part of a permit, or to modify a permit, and self-monitoring of discharges.

1900.2 If any provision of this chapter, or the application of any provision of this chapter to any person or circumstance, is held invalid in a court of law, the remainder of the rules of this chapter and its application to any other persons or circumstances shall not be affected.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is §21 of the Water Pollution Control Act of 1984, D.C. Law 5-188, D.C.Code 6-921 et seq. (1995 Repl. Vol.); Mayor's Order 89-160, dated July 20, 1989.
SOURCE: Final Rulemaking published at 42 DCR 654 (February 3, 1995).

21 DCMR § 1901 QUALITY ASSURANCE PROJECT PLAN

1901.1 No person shall perform monitoring for the regulatory and decisionmaking purposes of the Act without a quality assurance project plan approved by the Director.

1901.2 A quality assurance project plan is not required for water quality monitoring which is unlikely to be used for regulatory decisions under the Act.

1901.3 The quality assurance project plan shall contain the following information:

(a) Purpose of the monitoring;

(b) Location of the monitoring;

(d) Type and number of samples to be collected;

(e) Parameters to be analyzed;

(f) Laboratory facilities to be used;

(g) Start and end dates for the monitoring; and

(h) Quality assurance manual.

History

SOURCE: Final Rulemaking published at 42 DCR 654 (February 3, 1995).

21 DCMR § 1902 QUALITY ASSURANCE MANUAL

1902.1 The quality assurance manual shall include the following information for sample collection and field data collection:

(a) Procedures for sample container preparation, labelling and quality assurance checks;

(b) Methodology and equipment used for sample collection;

(d) Standardization and calibration procedures for field measurement equipment;

(e) Acceptable limits for standardization and calibration of field instruments;

(f) Data log sheets or sample formats for recording instrumental field measurements;

(g) Sample holding conditions and times; and

(h) Percentage of duplicate and split samples to be collected and the procedures for collecting them.

1902.2 The quality assurance manual shall contain the following information for laboratory analysis of samples:

(a) Most recent laboratory certification results;

(b) A reference for the analytical procedure used for each parameter if the procedure used is from Standard Methods for the Examination of Water and Wastewater, American Society for Testing Materials Protection Agency manual, or the U. S. Environmental procedures;

(c) If the procedure is not from one (1) of the three (3) sources but is widely used and accepted as accurate by the scientific community, then the details for the entire procedure shall be included;

(d) For experimental procedures, the entire procedure shall be included and the Director may issue conditional approval of the procedure if it appears to be acceptable;

(e) Maintenance, calibration and standardization log books shall be maintained and a list of the equipment covered and samples of the logs shall be included in the quality assurance manual;

(f) The percentage or rate of duplicate, spike and replicate sample analyses-for each parameter;

(g) For biological and taxonomic sampling, the references used and quality assurance methods shall be described;

(h) Description of the quality control procedures if the data is entered into a computerized data base; and

(i) The basis and methods for determining whether the data is judged to be acceptable.

History

SOURCE: Final Rulemaking published at 42 DCR 654, 655 (February 3, 1995).

21 DCMR § 1903 DISCHARGE PERMIT SELF-MONITORING

1903.1 Self-monitoring performed as a requirement of a discharge permit issued under § 7 of the Act shall be conducted in accordance with a quality assurance manual.

1903.2 The quality assurance manual shall contain the information specified in § 1902 and a description of flow measurement and calibration techniques, methods and frequencies.

1903.3 The results of spikes, replicates, standards and duplicates shall be submitted annually by the permittee to the Director.

History

SOURCE: Final Rulemaking published at 42 DCR 654, 656 (February 3, 1995).

21 DCMR § 1904 OTHER MONITORING

1904.1 The Director may waive part or all of the requirements for written quality assurance information for monitoring needed for oil spills, hazardous material spills, ground water contamination investigations and for other emergency situations; however, the waiver shall not be construed to allow the collection and use of poor quality data.

1904.2 The Director may require additional information for special water quality monitoring studies which are unique, attempt to define particular water quality parameter relationships, or which are for the purpose of investigating point source effects.

History

SOURCE: Final Rulemaking published at 42 DCR 654, 656 (February 3, 1995).

21 DCMR § 1999 DEFINITIONS

1999.1 When used in this chapter, the following words and phrases shall have the meanings ascribed:

Accuracy - the measure of bias or consistent departure from the known true value and is determined by using standards and duplicates.

Act - the District of Columbia Water Pollution Control Act of 1984.

Ambient - those conditions which would be normally expected to prevail in the waters of the District, including any legally permitted point and nonpoint source discharges of pollutants; or, in reference to a particular source of pollution, means those conditions which would be expected to prevail without the source of pollution such as in a free flowing, nontidal stream those conditions upstream of the particular source of pollution.

Director - the Director of the Department of Consumer and Regulatory Affairs or his or her representative.

Duplicate - the repeated analysis of split portions of the same sample.

Field measurement - those physical, chemical, radiological and biological properties of samples which are measured in the field at the site of sample collection.

Laboratory measurement - those physical, chemical, radiological and biological properties of a sample which are determined in a laboratory.

Monitoring - the preparation of equipment, the collection of samples, the field and laboratory measurements, the preservation and preparation of the sample and the reporting and storage of the data collected.

Precision - the measurement of closeness with which repeated analysis of a parameter agree and is determined from duplicate samples.

Replicate - those determinations on samples from the same source environment.

Sample - a discrete quantity of water, sediment, biota or other matter which is representative of the source or place from which it was taken.

Spike - the addition of a known amount of a substance to sample matrix containing a measured background concentration of the substance and is useful for determining precision and accuracy.

Standard - a prepared sample matrix containing a known amount of a substance and is useful for calibration and accuracy determinations.

History

SOURCE: Final Rulemaking published at 42 DCR 654, 657 (February 3, 1995).

21-20 D.C. SOLID WASTE MANAGEMENT AND MULTI-MATERIAL RECYCLING

21 DCMR § 2000 GENERAL PROVISIONS

2000.1 The purpose of this chapter is to establish minimum standards for the separation, collection, and recycling in the District of Columbia of newspaper, office paper, yard waste, metals, glass, paperboard, cardboard, plastics, and other recyclables.

2000.2 The Director or a designee may issue tickets and levy fines in accordance with the provisions of D.C. Law 6-100, the Litter Control Administration Act of 1985, as amended, D.C. Code §6-2901 et seq. (1995 Repl. Vol.). Furthermore, the Director has the authority to refuse to collect or dispose of any solid waste that is not separated as required by this chapter, in accordance with the provisions of D.C. Code §6-3417 (1995 Repl. Vol.).

2000.3 The Director or a designee shall be provided access to premises within the District of Columbia in accordance with the provisions of D.C. Code §6-2903(b) (1995 Repl. Vol.).

2000.4 Each day on which a violation occurs shall be a separate offense and the penalties described in this section shall apply to each separate offense.

2000.5 Metal products (such as toys, lawn furniture, cooking utensils, appliances) and glass products (such as mirrors, windows, and vases) shall not be placed into recycling containers for collection.

2000.6 Containers of household hazardous wastes (such as paint, insecticide, poisons, and aerosol sprays) shall not be placed into recycling containers for collection.

History

SOURCE: Final Rulemaking published at 39 DCR 7470, 7471 (October 2, 1992); as amended by Notice of Final Rulemaking published at 57 DCR 11962 (December 17, 2010). HISTORICAL NOTE: Prior to October 2, 1992, the Department of Public Works published Final Rulemakings at 36 DCR 8075 (November 24, 1989); at 37 DCR 1526 (March 2, 1990); and at 37 DCR 6822 (October 26, 1990).

21 DCMR § 2001 RESIDENTIAL SOURCE SEPARATION OF PAPER, PAPERBOARD, AND CARDBOARD

2001.1 All owners and occupants of buildings authorized to receive District collection services in accordance with § 2010 shall separate paper, paperboard, and cardboard from household trash prior to setting it out for collection.

2001.2 A separate collection of paper, paperboard, and cardboard shall occur in accordance with a schedule determined by the Department of Public Works (“DPW”).

2001.3 Paper, paperboard, and cardboard shall be placed at the DPW designated point of collection for recyclables.

2001.4 Paper, paperboard, and cardboard shall be set out no later than 7:00 a.m. on the scheduled day of collection and no earlier than 6:30 p.m. on the day before the scheduled collection.

History

SOURCE: Final Rulemaking published at 39 DCR 7470, 7471 (October 2, 1992); as amended by Notice of Final Rulemaking published at 57 DCR 11962 (December 17, 2010).

21 DCMR § 2002 PREPARING PAPER, PAPERBOARD, AND CARDBOARD FOR COLLECTION

2002.1 Owners and occupants shall separate paper, paperboard, and cardboard from their general household solid waste and set it out for recycling.

2002.2 Paper, paperboard, and cardboard shall be placed in recycling bins approved by the Director or in bins of a similar size and shape and with similar handles. These materials may be placed in the same recycling bin as metal food and beverage containers, glass food and beverage containers, and plastic containers placed out for recycling.

2002.3 Contaminated or soiled paper, paperboard, or cardboard shall not be separated from general household waste and shall not be placed out for recycling purposes.

History

SOURCE: Final Rulemaking published at 39 DCR 7470, 7472 (October 2, 1992); as amended by Notice of Final Rulemaking published at 57 DCR 11962, 11963 (December 17, 2010).

21 DCMR § 2003 RESIDENTIAL SOURCE SEPARATION OF CONTAINERS

2003.1 All owners and occupants of buildings authorized to receive District collection services in accordance with § 2010 of this chapter shall separate the following containers from household trash before setting the trash out for collection: metal food and beverage containers, glass food and beverage containers, and plastic containers.

2003.2 Containers identified in section 2003.1 shall be placed in recycling bins approved by the Director or in bins of a similar size and shape and with similar handles.

2003.3 Containers identified in section 2003.1 shall be placed into a recycling bin set for collection by the District in a manner specified by the Director.

2003.4 Containers identified in subsection 2003.1 shall be set out for collection by the District at the location for collection of recyclables specified by the Director.

2003.5 Containers identified in subsection 2003.1 shall be set out in a recycling bin for collection by the District no later than 7:00 a.m. on the scheduled day of collection and no earlier than 6:30 pm. on the day before the scheduled collection.

2003.6 Only containers identified in subsection 2003.1, and paper, paperboard, and cardboard shall be placed into a recycling bin set out for collection by the District.

2003.7 The containers identified in subsection 2003.1 shall be collected in accordance with a schedule determined by the Director.

History

SOURCE: Final Rulemaking published at 39 DCR 7470, 7472 (October 2, 1992); as amended by §4 of the District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988 Amendment Act of 1994, D.C. Law 10-178, 41 DCR 5205, 5207 (August 5, 1994); as amended by Notice of Final Rulemaking published at 57 DCR 11962, 11963 (December 17, 2010).

21 DCMR § 2004 PREPARATION OF METAL FOOD AND BEVERAGE (MF&B) CANS, AND GLASS FOOD AND BEVERAGE (GF&B) CONTAINERS FOR PREMISES AUTHORIZED TO RECEIVE DPW COLLECTION SERVICES

2004.1 MF&B cans and GF&B containers shall be rinsed out to remove any food, beverage or other residue prior to District collection services for recyclables.

2004.2 Owners and occupants shall not place broken glass into the recycling containers for collection.

History

SOURCE: Final Rulemaking published at 39 DCR 7470, 7473 (October 2, 1992).

21 DCMR § 2005 YARD WASTE COLLECTION

2005.1 All owners and occupants of buildings authorized to receive District collection services for recyclables in accordance with §2010 of this chapter shall separate yard waste from household trash prior to setting it out for collection.

2005.2 Yard waste that is mixed with household trash shall not be collected by DPW.

2005.3 A separate collection of yard waste for owners and occupants shall occur in accordance with a schedule determined by DPW.

2005.4 Yard waste shall be placed at the DPW designated point of collection for recyclables.

2005.5 Yard waste shall be set out no later than 7:00 a.m. on the scheduled day of collection and no earlier than 6:30 p.m. on the day before the scheduled collection.

History

SOURCE: Final Rulemaking published at 39 DCR 7470, 7473 (October 2, 1992).

21 DCMR § 2006 PREPARATION OF YARD WASTE FOR COLLECTION

2006.1 With the exception of branches and twigs, yard waste shall be set out for collection in securely fastened bags.

2006.2 Each bag shall not exceed sixty pounds (60 lbs.) in weight when filled.

2006.3 Small branches and twigs shall be tied in separate bundles not to exceed four feet (4 ft.) in length, with the exception of Christmas trees which must be free of all nails, stands, bases, tinsel and ornaments.

History

SOURCE: Final Rulemaking published at 39 DCR 7470, 7473 (October 2, 1992).

21 DCMR § 2007 [RESERVED]

21 DCMR § 2008 [RESERVED]

21 DCMR § 2009 [RESERVED]

21 DCMR § 2010 PREMISES TO RECEIVE DPW RECYCLING COLLECTION SERVICES

2010.1 Premises authorized to receive District collection of recyclables shall include the following:

(a) Single family dwellings and buildings containing three (3) or fewer dwelling units used exclusively for residential purposes.

(b) [Repealed] D.C. Law 10-178, 41 DCR 5205, 5207 (August 5, 1994).

2010.2 The Director shall not collect recyclables from the following buildings or structures:

(a) Any building or structure containing four (4) or more dwelling units;

(c) Any building or connected group of buildings which is used, maintained, advertised, or held out as a place where for a consideration, meals or lunches are furnished to five (5) or more boarders or to five (5) or more transients who have sleeping accommodations on the premises;

(d) Any dwelling unit which does not abut public space; or

(e) Hotels.

2010.3 [Repealed]

History

SOURCE: Final Rulemaking published at 39 DCR 7470, 7474 (October 2, 1992); as amended by §4 of the District of Columbia Solid Waste Management and Mutti-Material Recycling Act of 1988 Amendment Act of 1994, D.C.Law 10-178, 41 DCR 5205, 5207 (August 5, 1994).

21 DCMR § 2015 [RESERVED]

21 DCMR § 2016 [RESERVED]

21 DCMR § 2017 [RESERVED]

21 DCMR § 2018 [RESERVED]

21 DCMR § 2019 [RESERVED]

21 DCMR § 2020 [RESERVED]

21 DCMR § 2021 RECYCLING REQUIREMENTS FOR PREMISES NOT ELIGIBLE FOR DPW COLLECTION SERVICES

2021.2 Each owner of a commercial property shall be responsible for the separate removal of recyclable material by a registered recycling hauler or pursuant to an approved self-implementation plan. The owner may provide through a lease agreement for an occupant to be responsible for its own solid waste removal, in which case the occupant shall also be responsible for the separate removal of recylable material, unless otherwise provided for in the lease agreement. Notwithstanding the existence of such a lease agreement, the owner is responsible for complying with these regulations except where the Director determines that there are circumstances that warrant holding an occupant liable for compliance. The Director may issue a notice of violation to an occupant or to the owner.

2021.3 Each owner of commercial property shall, at least once a year, notify any tenants or occupants of the property of the legal requirement that certain materials be separated for recycling, the types of materials to be separated, how and where recyclables shall be taken in order to be collected for recycling, and the name and contact information of any recycling coordinator for the property.

2021.4 Each owner of commercial property shall post and maintain at least one (1) sign where solid waste is collected or stored that sets forth what materials are required to be source separated and states the collection procedures for such materials, and shall post at least one (1) sign at containers where recyclables are collected stating what materials may properly be placed in them. The owner may provide through the lease agreement that an occupant shall also be responsible for posting and maintaining such signs, in which case the occupant shall also be responsible for meeting the requirements of this subsection. Notwithstanding the existence of such a lease agreement, the owner is responsible for complying with this regulation except where the Director determines that there are circumstances that warrant holding an occupant liable for compliance. The Director may issue a notice of violation to an occupant or to the owner.

2021.5 REPEALED

2021.6 REPEALED

2021.7 REPEALED

2021.8 REPEALED

History

SOURCE: Final Rulemaking published at 39 DCR 7470, 7477 (October 2, 1992); as amended by §4 of the District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988 Amendment Act of 1994, D.C. Law 10-178, 41 DCR 5205, 5207 ( August 5, 1994); as amended by Notice of Final Rulemaking published at 57 DCR 11962, 11964 (December 17, 2010).

21 DCMR § 2022 SEPARATION OF RECYCLABLE MATERIAL AT COMMERCIAL PROPERTIES

2022.1 Each owner and each occupant of a commercial property shall, at a minimum, separate for recycling paper, paperboard, cardboard, and clean and rinsed metal, glass and plastic containers. The materials that are separated for recycling shall be stored in bins, dumpsters, or other containers that are not used for the simultaneous storage of solid waste and recyclable materials. The owner may provide through a lease agreement for an occupant to be responsible for separating these materials for recycling in which case the occupant shall also be responsible for meeting the requirements of this subsection. Notwithstanding the existence of such a lease agreement, the owner is responsible for complying with this regulation except where the Director determines that there are circumstances that warrant holding the occupant liable for compliance. The Director may issue a notice of violation to the occupant or to the owner.

2022.2 REPEALED

2022.3 Recyclable material shall be collected at least twice per month unless fewer collections have been previously approved in writing by the Director.

2022.4 A sufficient number of containers shall be provided to store such recyclables which may accumulate on the premises during the intervals between collections.

2022.5 All containers for recyclables shall be kept clean and in good repair.

History

SOURCE: Final Rulemaking published at 39 DCR 7470, 7478 (October 2, 1992); as amended by Notice of Final Rulemaking published at 57 DCR 11962, 11965 (December 17, 2010).

21 DCMR § 2023 [RESERVED]

21 DCMR § 2024 [RESERVED]

21 DCMR § 2025 [RESERVED]

21 DCMR § 2026 [RESERVED]

21 DCMR § 2027 [RESERVED]

21 DCMR § 2028 [RESERVED]

21 DCMR § 2029 [RESERVED]

21 DCMR § 2030 [RESERVED]

21 DCMR § 2031 [RESERVED]

21 DCMR § 2032 [RESERVED]

21 DCMR § 2033 [RESERVED]

21 DCMR § 2034 [RESERVED]

21 DCMR § 2035 [RESERVED]

21 DCMR § 2036 WAIVERS FOR RECYCLING

2036.1 The Director, DPW shall be authorized to waive the provisions of this chapter for conditions of health, safety, or undue hardships as defined in §2099 of this chapter.

2036.2 Any occupant or property owner may file an application for waiver with the Director.

History

SOURCE: Final Rulemaking published at 39 DCR 7470, 7478 (October 2, 1992); as amended by Notice of Final Rulemaking published at 57 DCR 11962, 11965 (December 17, 2010).

21 DCMR § 2037 STORAGE AREA

2037.1 Recyclable materials shall be stored in compliance with applicable fire code requirements.

History

SOURCE: Final Rulemaking published at 39 DCR 7470, 7479 (October 2, 1992); as amended by Notice of Final Rulemaking published at 57 DCR 11962, 11965 (December 17, 2010).

21 DCMR § 2038 ANTI-SCAVENGING

2038.1 Nothing in this chapter shall limit the right of an individual to donate, sell, or otherwise recycle his or her materials.

2038.2 After materials are placed out for collection by a recycling hauler, the materials shall not be removed by anyone other than the hauler.

History

SOURCE: Final Rulemaking published at 39 DCR 7470, 7479 (October 2, 1992); as amended by Notice of Final Rulemaking published at 57 DCR 11962, 11965 (December 17, 2010).

21 DCMR § 2039 [RESERVED]

21 DCMR § 2040 [RESERVED]

21 DCMR § 2041 [RESERVED]

21 DCMR § 2042 [RESERVED]

21 DCMR § 2043 [RESERVED]

21 DCMR § 2044 [RESERVED]

21 DCMR § 2045 [RESERVED]

21 DCMR § 2046 [RESERVED]

21 DCMR § 2047 [RESERVED]

21 DCMR § 2048 [RESERVED]

21 DCMR § 2049 [RESERVED]

21 DCMR § 2050 REGISTRATION TO PROVIDE RECYCLING SERVICES

2050.1 Each person, organization, or agent engaged in the business of collecting or processing recyclable materials shall register with the Director. The fee for registration shall be fifty dollars ($50) and shall be paid annually, except that if the entity that is applying for registration owns or operates vehicles used for recycling collection, each vehicle shall also be registered and the fee shall be fifty dollars ($50) per vehicle. This license is in addition to any license required by § 710.

2050.2 Applications for recycling registration shall be submitted on forms provided by the Director.

2050.3 The fee for registration shall be submitted, in the for of a check or money order made payable to the D.C. Treasurer, with the application.

2050.4 Registration shall be valid from the first Monday in March of each year, and expire on the Sunday preceding the first Monday in March of the following year.

2050.5 After the Director determines that the requirements for registering a vehicle have been satisfied, the Director shall provide two (2) stickers indicating the vehicle registration number to all registered vehicles.

2050.6 One registration sticker shall be affixed on the lower right corner of the driver's door and one registration sticker shall be affixed on the lower left corner of the passenger's door in a manner as to be clearly visible at all times.

2050.7 Nothing in this section shall be construed to require any indigent person who collects recyclable materials to obtain a recycling registration. For the purpose of this section, indigent person means any individual who is financially eligible for emergency assistance services in accordance with §9 of the Emergency Assistance Program Act of 1988 (D.C. Law 7-221; D.C. Code §3-1008, effective March 16, 1989).

2050.8 All registered recycling collectors shall provide for the recycling of all materials collected from any property in accordance with agreements in effect between recyclable material generators or their agents and the registered recycling collector. Owners and occupants shall not be held liable for the failure of registered recycling collectors to perform services under the terms of their agreement.

2050.9 Any entity that applies to be a registered recycling collector shall possess all required District government licenses, including any required Basic Business License and, to the extent that it operates at real property in the District of Columbia, its operations shall comply with District of Columbia land use requirements.

2050.10 An entity registered pursuant to subsection 2050.9 shall continue to maintain required licenses and to comply with applicable land use requirements while registered as a recycling collector. If a recycling collector fails to comply with this provision the Director may, in addition to taking any other authorized action, immediately suspend or revoke the recycling collector’s registration.

History

SOURCE: Final Rulemaking published at 39 DCR 7470, 7479 (October 2, 1992); as amended by 54 of the District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988 Amendment Act of 1994, D.C. Law 10-178, 41 DCR 5205, 5207(August 5, 1994); as amended by Notice of Final Rulemaking published at 57 DCR 11962, 11965 (December 17, 2010).

21 DCMR § 2051 QUARTERLY REPORTING

2051.1 Each person or business engaged in the collection or recycling of recyclables, as defined in § 2050, shall be required to submit quarterly reports and corresponding certified scale tickets to the D.C. Office of Recycling verifying the tonnage of recyclable materials collected by commodity.

2051.2 Each person or business removing recyclables under an approved self-implementing plan, as provided in § 2021, shall be required to submit quarterly reports and corresponding scale tickets to the D.C. Office of Recycling verifying the tonnage of recyclable materials collected by commodity.

2051.3 Quarterly reports shall be submitted by the fifteenth (15th) day of the month following the end of a quarter (e.g., recyclables collected in the months of January through March must be recorded in a report received by April 15th).

2051.4 Reporting forms shall be obtained from the D.C. Office of Recycling.

History

SOURCE: Final Rulemaking published at 39 DCR 7470, 7480 (October 2, 1992); as amended by Notice of Final Rulemaking published at 57 DCR 11962, 11965 (December 17, 2010).

21 DCMR § 2052 HAULING ENFORCEMENT

2052.1 Recyclables, as defined in this chapter, shall not be deposited at any District solid waste disposal facility, unless otherwise approved by the Director.

2052.2 The contents of vehicles hauling solid waste to any District of Columbia disposal facility shall be subject to visual inspection for evidence of recyclables, as defined in this chapter. If recyclables are detected, the driver of the vehicle shall be required to dump the load in an area away from regular dumping activities. If, upon separation and inspection of the vehicle's contents, a substantial amount of the load (approximately 30%) is determined to be recyclable, the inspector shall issue a Notice of Violation in accordance with §2061.

2052.3 If the Director finds that any recycling collector, solid waste hauler, or an agent of either, violates any provision of this section, the Director may (in addition to any other remedy available) deny the hauler or its agent access to the District of Columbia’s solid waste facilities for a period not to exceed thirty (30) days for each violation.

2052.4 If the Director finds that a recycling collector has committed three (3) or more violations of this chapter within a twelve (12) month period, the Director may (in addition to any other remedy available) suspend the collector’s registration for up to twelve (12) months.

2052.5 If the Director finds that a recycling collector has committed six (6) or more violations of this chapter within a twelve (12) month period, the Director may (in addition to any other remedy available) revoke the recycling collector’s registration.

2052.6 A recycling collector shall maintain a copy of each day’s recycling collection route and a list of customers served, and provide a copy to the Director within two (2) business days after the Director requests the list.

History

SOURCE: Final Rulemaking published at 39 DCR 7470, 7480 (October 2, 1992); as amended by Notice of Final Rulemaking published 57 DCR 11962, 11966 (December 17, 2010).

21 DCMR § 2053 HAULING

2053.1 A recycling hauler shall not simultaneously transport recyclables along with other materials for disposal in the same vehicle at the same time except pursuant to a written waiver of this requirement.

2053.2 A written waiver shall only be issued to a registered recycling hauler if the hauler demonstrates to the Director that the recyclables will be transported in a vehicle that does not compress or compact its contents. The hauler shall also demonstrate that the method used for simultaneously transporting the materials ensures that recyclables will not be commingled with non-recyclable materials and that the recyclables will not be disposed of in any way other than by recycling.

2053.3 The Director may revoke a written waiver if the Director finds that the conditions for receiving a waiver are not being met.

History

Source: Notice of Final Rulemaking published at 57 DCR 11962, 11967 (December 17, 2010).

21 DCMR § 2054 [RESERVED]

21 DCMR § 2055 [RESERVED]

21 DCMR § 2056 [RESERVED]

21 DCMR § 2057 [RESERVED]

21 DCMR § 2058 [RESERVED]

21 DCMR § 2059 [RESERVED]

21 DCMR § 2060 [RESERVED]

21 DCMR § 2061 SCHEDULE OF FINES

2061.1 The following schedule of fines is established for each violation of any provision of this chapter listed below:

GENERAL

Violation

Scheduled Fines

Refusing to provide access to authorized DPW inspector

pursuant to D.C. Code § 6-2903

(21 DCMR § 2000.3)

$ 500

RESIDENTIAL

Violation

Scheduled Fines

Failure to bundle branches and twigs properly

(21 DCMR § 2006.3)

$ 25

Failure to containerize newspapers properly for collection

(21 DCMR § 2002.1)

Failure to containerize MF&B cans and GF&B containers

properly for collection

(21 DCMR § 2003.2)

Failure to containerize yard waste properly

(21 DCMR § 2006.1)

Failure to place MF&B cans and GF&B containers out at the

DPW designated point of collection

(21 DCMR § 2003.4)

Failure to place newspapers out at DPW designated point of

collection

(21 DCMR § 2001.3)

Failure to place yard waste at DPW designated point of

collection

(21 DCMR § 2005.4)

Failure to separate MF&B cans and GF&B containers from

other solid waste

(21 DCMR § 2003.1)

Failure to separate newspaper from other 21solid waste

(21 DCMR § 2001.1)

Failure to separate yard waste from other solid waste

(21 DCMR § 2005.1)

Placing broken glass in recycling containers

$ 25

(21 DCMR § 2004.2)

Placing MF&B cans and GF&B containers out for collection at

wrong time or day

(21 DCMR § 2003.5)

Placing newspapers out for collection at wrong time or day

(21 DCMR § 2001.4)

Placing out contaminated or soiled newspapers for recycling

(21 DCMR § 2002.3)

Placing out contaminated yard waste

(21 DCMR § 2005.2)

Placing out improper glass and metal for recycling

(21 DCMR § 2003.6)

Placing out improper paper for recycling

(21 DCMR § 2002.4)

Placing out unrinsed MF&B cans and GF&B containers for

recycling

(21 DCMR § 2004.1)

Placing yard waste out for collection at wrong time or day

(21 DCMR § 2005.5)

Overweight bags of yard waste

(21 DCMR § 2006.2)

Overweight bundles or bags of newspaper

(21 DCMR § 2002.2)

2061.2 For each of the violations listed below occurring at a residential condominium, apartment building, or residential cooperative, the schedule of fines set out in this subsection shall apply:

VIOLATION

Failure to arrange for proper removal of recyclables

(21 DCMR § 2021.2)

Failure to notify tenants/occupants of recycling requirements and program (21 DCMR 2021.3)

Failure to post recycling signs

(21 DCMR § 2021.4)

Failure to separate recyclables from other solid waste

(21 DCMR § 2022.1)

Insufficient collection of recyclables

(21 DCMR § 2022.3)

Failure to have a sufficient number of containers for separated recyclables (21 DCMR § 2022.4)

Failure to maintain containers for recyclables properly

(21 DCMR § 2022.5)

FINE SCHEDULE

1st Offense: $ 200

2nd Offense (within 60 days): $ 600

3rd Offense (within 60 days): $ 1,500

2061.3 For each of the violations listed below occurring at a commercial building, other than a residential condominium or cooperative, or at an apartment building, the fines set out below in this subsection shall apply:

VIOLATION

Failure to arrange for proper removal of recyclables

(21 DCMR § 2021.2)

Failure to notify tenants/occupants of recycling requirements and program (21 DCMR 2021.3)

Failure to post recycling signs

(21 DCMR § 2021.4)

Failure to separate recyclables from other solid waste

(21 DCMR § 2022.1)

Insufficient collection of recyclables

(21 DCMR § 2022.3)

Failure to have a sufficient number of containers for separated recyclables (21 DCMR § 2022.4)

Failure to maintain containers for recyclables properly

(21 DCMR § 2022.5)

FINE SCHEDULE

1st Offense: $ 200

2nd Offense (within 60 days): $ 600

3rd Offense (within 60 days): $ 1,500

2061.4 For each of the violations listed below, the fines set out below in this subsection shall apply:

VIOLATION

Failure to have a valid recycling registration

(21 DCMR § 2050.1)

Failure to display recycling registration sticker properly

(21 DCMR § 2050.6)

Failure to provide for recycling of all materials collected for recycling purposes

(21 DCMR § 2050.8)

Failure to provide quarterly reports

(21 DCMR § 2051.1)

Failure of self-implementers to provide monthly reports

(21 DCMR § 2051.2)

Failure to provide timely quarterly reports

(21 DCMR § 2051.3)

Depositing recyclables at a District solid waste facility without approval from the Director

(21 DCMR § 2052.1)

Hauling recyclable materials mixed with trash delivered to a District solid waste disposal facility

(21 DCMR § 2052.2)

Recycling businesses must provide a copy of route and customers and provide to Director on request

(21 DCMR § 2052.6)

Simultaneous transporting of recyclables with other materials

(21 DCMR § 2053.1)

FINE SCHEDULE

1st Offense: $ 500

2nd Offense (within 60 days): $ 1,000

3rd Offense (within 60 days): $ 2,000

History

SOURCE: Final Rulemaking published at 39 DCR 7470, 7482 (October 2, 1992); as amended by §4 of the District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988 Amendment Act of 1994, D.C. Law 10-178, 5205, 5207 (August 5, 1994); as amended by Notice of Final Rulemaking published at 57 DCR 11962, 11967 (December 17, 2010).

21 DCMR § 2099 DEFINITIONS

2099.1 When used in this chapter, the words and phrases shall have the meanings ascribed:

Collector - any person who is engaged in the collection or transportation of recyclable goods.

Commercial Property - as defined in D.C. Law 7-226, the District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988, D.C. Code §6-3403 (1995 Repl. Vol.).

Contaminants - any substance or waste material other than the desired recyclable product. For the purpose of §2002, newspaper contaminants shall include paint (and other chemical substance), animal wastes and garbage. (39 DCR 7470 & D.C. Law 10-178)

Designated Point of Collection - a location, designated by the Department of Public Works, as the point for recyclable collection.

Director - the Director of the Department of Public Works (or its successor agencies) or his or her designee.

Household waste - any substance, liquid or solid, placed in containers for non-recycling purposes (i.e. collection and disposal at a residential property). (39 DCR 7970 & D.C. Law 10-178)

Office Building - as defined in D.C. Law 7-226, the District of Columbia Solid Waste

Management and Multi - Material Recycling Act of 1988, D.C. Code §6-3403 (1995 Repl. Vol.).

Office Paper - all fine paper, bond paper, offset paper, xerographic paper, memo paper, duplication paper, continuous form paper, envelopes, printed material, or related cellulosic material containing not more than ten percent (10%) by weight or volume of non-cellulosic material such as laminates, binders, coatings, or saturants.

Other Commercial Business - any form of commercial activity taking place in a commercial property other than an apartment or office building. Commercial activity includes retail, governments warehouse, manufacturing, industrial, service, storage, production, and wholesale activities.

Owner - the record owner of a property except that, for a condominium, the owner shall be the condominium association for that property.

Paper- newspapers, glossy magazines, coupons, office paper, advertisements, telephone

directories, books, envelopes that do not have plastic address windows, brochures and other similar paper items.

Plastic- narrow necked plastic bottles.

Processor - any person who is engaged in the marketing, preparing, or processing of recyclables.

Recyclable - as defined in D.C. Law 7-226, the District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988, D.C. Code §6-3403 (1995 Repl. Vol.).

Recycling - as defined in D.C. Law 7-226, the District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988, D.C. Code §6-3403 (1995 Repl. Vol.).

Registration Packet - [Repealed] (D.C. Law 10-178)

Residential Property - as defined in D.C. Law 7-226, the District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988, D.C. Code §6-3403 (1995 Repl. Vol.).

Undue Hardship - a rare or unusual circumstance, but does not typically pertain to the following:

(a) Inconvenience in locating space for materials collection;

(b) Necessity to hire additional personnel or the encountering of other expenses; or

Yard Waste - as defined in D.C. Law 7-226, the District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988, D.C. Code §6-3403 (1995 Repl. Vol.).

History

SOURCE: Final Rulemaking published at 39 DCR 7470, 7490 (October 2, 1992); as amended by §4 of the District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988 Amendment Act of 1994, D.C. Law 10-178, 5205, 5206 (August 5, 1994); as amended by Notice of Final Rulemaking published at 57 DCR 11962, 11970 (December 17, 2010).

21-22 WATER POLLUTION ENFORCEMENT

21 DCMR § 2200 PURPOSE AND SCOPE

2200.1 The purpose of the rules in this chapter is to provide enforcement procedures for the water pollution control Act of 1984. These rules are developed pursuant to §§17, 18 and 19 of D.C. Law 5-188, the Water Pollution Control Act of 1984 and apply to the Act and the rules promulgated pursuant to the Act.

2200.2 If any provision of this chapter, or the application of any provision of this chapter to any person or circumstance, is held invalid in a court of law, the remainder of this chapter and its application to any other persons or circumstances shall not be affected.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is §§17 through 19, and 21 of the Water Pollution Act of 1984, D.C. Law 5-188, D.C. Code §§6-936 through 6-938, and 6-940 (1995 Repl. Vol.), Mayor's Order No. 85-152, dated September 12, 1985.
SOURCE: Final Rulemaking publishing at 43 DCR 6347 (November 29, 1996).

21 DCMR § 2201 JURISDICTION AND DELEGATION OF AUTHORITY

2201.1 In every case in which a hearing is requested or otherwise required pursuant to the Act, the Director shall have jurisdiction to hear and render a final decision in the case.

2201.2 Office of Adjudication (OAD) procedures shall govern all cases in which a hearing is requested or otherwise required under the Act, unless inconsistent with this chapter in which case this chapter shall supersede the OAD procedures.

2201.3 Cases in which a hearing is requested or required pursuant to the Act shall be "Class A" cases under OAD procedures.

2201.4 The Director shall pursue enforcement actions through the following

(a) The issuance of notices of violation pursuant to §2202, proposed compliance orders and proposed cease and desist orders pursuant to §2203, and notices of intention to suspend, deny or revoke a license or certification pursuant to §2204;

(b) The development and presentation of cases before the Office of Adjudication; and

History

SOURCE: Final Rulemaking publishing at 43 DCR 6347 (November 29, 1996).

21 DCMR § 2202 NOTICE OF VIOLATION

2202.1 Any enforcement action under the Act shall be commenced with a written notice of violation or threatened violation issued to the owner, operator, or any other person deemed appropriate by the Director, except as provided in §2204 and in §2207.2.

2202.2 The notice of violation or threatened violation shall identify the violation or threatened violation and may require the person to take the corrective measures the Director considers reasonable and necessary.

2202.3 The notice of violation or threatened violation need not be denominated "Notice of Violation" or "Notice of Threatened Violation"; Provided, that the body of the notice makes clear that the person is presently "in violation of or "out of compliance with" the Act or regulations, or, that failure to take the corrective measures directed, will constitute a violation of the Act or regulations.

2202.4 A notice of violation or threatened violation shall be served on the person or his or her authorized agent in person or by certified mail return receipt requested. If the person fails or refuses to accept certified mail, the notice of violation or threatened violation may be served by regular first class mail; Provided, that the following occurs:

(a) The notice of violation is sent to the last known address listed by an owner or operator on a notification form or other official correspondence submitted to the Department; or

(b) The accuracy of the address is verified.

2202.5 If a person objects to a notice of violation or notice of threatened violation on the grounds that the action directed is not necessary or appropriate from a technical, engineering, geophysical, or other scientific perspective, the person shall file a written statement including the grounds for his or her objections within fifteen (15) calendar days of service of the notice, or any other longer time period as the Director may specify.

History

SOURCE: Final Rulemaking publishing at 43 DCR 6347, 6348 (November 29, 1996).

21 DCMR § 2203 PROPOSED COMPLIANCE ORDER OR PROPOSED CEASE AND DESIST ORDER

2203.1 If the person upon whom a notice of violation or threatened violation has been served, fails to comply with the corrective measures required in the notice of violation, the Director may issue a proposed compliance order or a proposed cease and desist order to that person.

2203.2 A proposed compliance order or proposed cease and desist order shall do the following:

(a) Include a statement of the facts and nature of alleged violations, and the legal grounds for relief;

(b) Allow a reasonable time for compliance with the order consistent with the likelihood for harm and the need to protect health, safety, life, property, and the environment;

(d) Inform the person of any scheduled hearing date or the actions which the person must take to obtain a hearing and the consequences of failure to comply with the proposed order or request a hearing;

(e) Set forth the action or actions which the person must take or the activity or activities which the person must cease in order to comply with the order; and

(f) State the amount of any penalties to be assessed for failure to comply with the order.

2203.3 A proposed compliance order or proposed cease and desist order shall serve as a petition issued pursuant to OAD procedures.

2203.4 A proposed compliance order or proposed cease and desist order shall be served by one of the following methods:

(a) Personal service on the person or the person's agent;

(b) Delivering to the last known home or business address of the person and leaving it with a person over the age of eighteen (18) years residing or employed therein; or

(c) Mailing, U.S. first class certified, postage prepaid to the last known home or business address of the person or the person's agent; or

(d) Any other means set forth in D.C. Law 5-188.

2203.5 A proposed compliance order or proposed cease and desist order may state in the order or accompanying summons or instructions, that the person is required to file an answer thereto, the time within which to respond, and the form of response required.

History

SOURCE: Final Rulemaking publishing at 43 DCR 6347, 6349 (November 29, 1996).

21 DCMR § 2204 NOTICE OF SUSPENSION, REVOCATION OR DENIAL OF A PERMIT OR CERTIFICATION

2204.1 An action to suspend, revoke, or refuse to issue, renew, or restore a permit or certification provided for in the Act shall be initiated by a notice of proposed suspension, revocation or denial in accordance with this section in lieu of a notice of violation pursuant to §2202.

2204.2 The notice of proposed suspension, revocation or denial shall be in writing and shall include the following:

(a) The name and address of the applicant for or holder of the permit or certification;

(b) A statement of the proposed action;

(d) Notice that the person has a right to a hearing at the time and place stated, and is required to file an answer.

2204.3 The notice of proposed suspension, revocation or denial shall serve as a petition pursuant to OAD procedures and shall be served in the same manner as a proposed compliance order pursuant to §2203.4.

History

SOURCE: Final Rulemaking publishing at 43 DCR 6347, 6350 (November 29, 1996).

21 DCMR § 2205 SETTLEMENT AGREEMENTS AND CONSENT COMPLIANCE ORDERS

2205.1 At any time during the course of the proceedings, the parties to the proceeding may enter into a settlement agreement signed by the parties. A settlement agreement or consent decree shall set forth each of the agreements made, actions to be taken by either party and any agreed-upon fines or penalties.

2205.2 A settlement agreement shall be effective when signed by the parties thereto and shall not require the signature of an Administrative Law Judge (ALJ) in order to be filed in the case.

2205.3 A settlement agreement may be submitted to the ALJ for approval.

2205.4 The parties may enter into a consent compliance order with the approval of the ALJ.

2205.5 A consent compliance order shall be signed by the parties to the case and by an ALJ, and shall have the force and effect of any final order. Unless otherwise stated therein, there shall be no right of appeal from a consent compliance order.

History

SOURCE: Final Rulemaking publishing at 43 DCR 6347, 6351 (November 29, 1996).

21 DCMR § 2206 HEARINGS AND ISSUANCE OF FINAL ORDER

2206.1 Once a hearing is requested, motions practice, prehearing discovery, and the conduct of the hearing shall be in accordance with the D.C. Administrative Procedures Act and OAD procedures.

2206.2 The petitioner shall have the burden of going forward with and of proving that the violation occurred as set forth in the proposed compliance or cease and desist order, and that the proposed civil penalty, revocation or suspension, as the case may be, is appropriate.

2206.3 Following the establishment of a prima facie case, the person shall have the burden of presenting and of going forward with any defense to the allegations set forth in the petition. Each matter of controversy shall be determined by the ALJ upon a preponderance of the evidence.

2206.4 If a person scheduled for a hearing does not appear for the hearing, and no continuance has been granted, the ALJ may receive evidence and hear testimony and may render a decision on the basis of evidence before it.

2206.5 The ALJ shall inform the parties of an action taken under this section.

2206.6 A decision of the ALJ shall be supported by substantial, reliable, and probative evidence pursuant to D.C. Code §1-1509 (c) (1992 Repl. Vol.).

2206.7 The ALJ's decision and order shall include findings of fact and conclusions of law.

2206.8 A final compliance order shall also set forth the following:

(a) The action or actions which must be taken by the person to correct a violation or threatened violation of the Act or regulations issued under the Act, and may include the following:

(1) Performance of testing, studies, investigations, monitoring;

(2) Performance of comprehensive site assessment;

(3) Upgrading of any facilities or systems needed to prevent a reoccurrence of the violation;

(4) Preparation of corrective action plans;

(5) Implementation of remediation plans;

(6) Maintenance and submission of records.

(b) The amount of any civil penalties or damages to be imposed, as authorized by the Act;

(c) Authorization for the Director to enter on property to undertake assessment and corrective action, if the person fails or refuses to comply with an order requiring the person to perform a site assessment or corrective action within the time period set forth in the order; and

(d) Any applicable appeal rights.

2206.9 A final order suspending, revoking or denying a license, permit or certification shall state clearly the action taken, the reasons for the action, and any applicable appeal rights.

History

SOURCE: Final Rulemaking publishing at 43 DCR 6347, 6351 (November 29, 1996).

21 DCMR § 2207 IMMEDIATE COMPLIANCE ORDERS, IMMEDIATE CEASE AND DESIST ORDERS

2207.1 The Director may issue, or may file a motion before an ALJ in OAD to issue, an immediate compliance order or an immediate cease and desist order, in order to require a person to correct a discharge or threat of discharge which is an imminent and substantial danger to the public health or welfare or to restrain any person from engaging in any unauthorized discharge or threat of discharge that immediately and substantially endangers the public health or welfare.

2207.2 When an immediate compliance order, or immediate cease and desist order, is authorized under this section, it shall not be necessary to first issue a notice of violation or proposed compliance order pursuant to §2202 or 2203 or to provide reasonable notice and an opportunity for a prior hearing pursuant to §2203.

2207.3 An immediate compliance order or immediate cease and desist order issued pursuant to this section shall be served in the same manner as a proposed compliance order or proposed cease and desist order is served pursuant to §2203.4.

2207.4 An immediate compliance order or immediate cease and desist order shall do the following:

(a) Include a statement of the nature of the situation or violation;

(b) Take effect at the time and on the date signed;

(d) Include a statement advising the person that he or she has a right to request a hearing before an ALJ within the OAD within seventy-two (72) hours of service of the order upon him or her, and that if a hearing is not requested within that time period, the order will become final.

2207.5 A hearing request shall not stay the effective date of the order.

2207.6 If a hearing is requested, the hearing shall be held within fifteen (15) days from the date that the hearing request is received by OAD and the ALJ shall issue a decision, including findings of fact and conclusions of law, no later than fifteen (15) days after the hearing.

2207.7 Immediate compliance orders and cease and desist orders issued pursuant to this section are distinguishable from "provisional emergency orders" issued by OAD and shall not be subject to the requirements for and limitations of such orders.

History

SOURCE: Final Rulemaking publishing at 43 DCR 6347, 6352 (November 29, 1996).

21 DCMR § 2208 PENALTIES

2208.1 Penalties for failure to comply with a final compliance order, a final cease and desist order, or a final suspension, revocation or denial order shall be in accordance with §17 of the Act.

History

SOURCE: Final Rulemaking publishing at 43 DCR 6347, 6354 (November 29, 1996).

21 DCMR § 2209 APPEALS

2209.1 Any person adversely affected or aggrieved by a final compliance order, cease and desist order or other administrative order issued pursuant to this chapter may appeal the action by filing a petition for review in the D.C. Court of Appeals.

2209.2 The appeal shall be filed in conformity with the Rules of the District of Columbia Court of Appeals within thirty (30) days of the date of service of the final order upon the party making the appeal.

2209.3 The filing of a petition for review shall not in itself stay enforcement of the order or decision of the Director or an ALJ, however, the appellant may request a stay before the OAD.

History

SOURCE: Final Rulemaking publishing at 43 DCR 6347, 6354 (November 29, 1996).

21 DCMR § 2210 CIVIL INFRACTIONS

2210.1 In any instance where a civil fine, penalty or fee has been established pursuant to the "Civil Infractions Act" (D.C. Law 6-42, D.C. Code §6-2701 et seq.) and the "Civil Infractions Regulations" (Title 16 DCMR, Chapter 32) promulgated pursuant to, the civil fine, penalty or fee may be imposed as an alternative sanction to the penalties set forth in the Act.

2210.2 Where civil infractions fines are the only penalties pursued in a particular case, the Civil Infractions Regulations shall govern the proceedings in lieu of OAD procedures or this chapter.

2210.3 A civil infractions case may be consolidated for hearing together with another case against the same person in which a proposed compliance order or proposed cease and desist order has been issued.

History

SOURCE: Final Rulemaking publishing at 43 DCR 6347, 6354 (November 29, 1996).

21 DCMR § 2211 COURT ACTION IN LIEU OF COMPLIANCE ORDER OR CEASE AND DESIST ORDER

2211.1 After a notice of violation has been issued and the time for compliance has expired, the Director may, in his or her discretion, institute a court action for injunctive relief, damages, civil penalties, or recovery of any corrective action costs incurred by the District government pursuant to §19 of the Act, in lieu of proceeding through the administrative process to issue a proposed compliance order or proposed cease and desist order.

2211.2 In order to require a person to correct a situation which immediately threatens health or the environment or to restrain any person from engaging in any unauthorized activity that immediately endangers or causes damage to public health or the environment, the Director may, in his or her discretion, seek a temporary restraining order in Court in lieu of seeking an immediate compliance order or cease and desist order.

History

SOURCE: Final Rulemaking publishing at 43 DCR 6347, 6354 (November 29, 1996).

21 DCMR § 2299 DEFINITIONS

2299.1 When used in this chapter, the following words and phrases shall have the meanings ascribed:

Act - the Water Pollution Control Act of 1984, DC Law 5-188, as amended.

Director - the Director of D. C. Department of Consumer and Regulatory Affairs, or the Director's designee.

Person - any individual, including any owner or operator; partnership; corporation, including a government corporation; trust association; firm joint stock company; organization; commission; the District or federal government; or any other entity.

History

SOURCE: Final Rulemaking publishing at 43 DCR 6347, 6355 (November 29, 1996).

21-23 EXPANDED POLYSTYRENE PROHIBITION

21 DCMR § 2300 PURPOSE

2300.1 The purpose of this chapter is to implement Title IV, Subtitle A, of the Sustainable DC Omnibus Amendment Act of 2014, effective December 11, 2014 (D.C. Law 20-385; D.C. Official Code §§ 8-1531 et seq.) to reduce the amount of expanded polystyrene entering the District’s rivers and streams and the nation’s landfills.

History

SOURCE: Final Rulemaking published at 62 DCR 16315 (December 25, 2015). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 2300

21 DCMR § 2301 Expanded Polystyrene PROHIBITION

2301.1 No food service entity shall sell or provide food or beverages in expanded polystyrene food service products, regardless of where the food or beverage will be consumed.

2301.2 This section shall not apply to food or beverages that were filled and sealed in expanded polystyrene containers before a food service entity received them, or to materials used to package raw, uncooked, or butchered meat, fish, poultry, or seafood for off-premises consumption.

2301.3 No retailer shall sell or offer for sale any of the following:

(a) An expanded polystyrene food service product;

(b) An expanded polystyrene container, such as a cooler or ice chest, that is not wholly encapsulated or encased within a more durable material; or

(c) Expanded polystyrene packing material, such as packing peanuts, used to hold, cushion, or protect items packed in a container for shipping, transport, or storage.

History

SOURCE: Final Rulemaking published at 62 DCR 16315 (December 25, 2015); as amended by Final Rulemaking published at 64 DCR 1094 (February 3, 2017); as amended by Final Rulemaking published at 69 DCR 001714 (March 4, 2022). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 2301

21 DCMR § 2302 COMPOSTABLE OR RECYCLABLE PRODUCT REQUIREMENT

2302.1 By January 1, 2017, no food service entity shall sell or provide food or beverages, for consumption on or off premises, in disposable food service ware unless the disposable food service ware is compostable or recyclable.

2302.2 This section shall not apply to prepackaged food or beverages that were filled and sealed outside of the District before a food service entity received them.

History

SOURCE: Final Rulemaking published at 64 DCR 1094 (February 3, 2017). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 2302

21 DCMR § 2303 Enforcement

2303.1 Violation of any of the requirements of this chapter or Title IV, Subtitle A, of the Sustainable DC Omnibus Amendment Act of 2014, shall subject a food service business to the penalties set forth in this section.

2303.2 The Department may enforce a violation of this chapter by issuing one or more of the following:

(a) Notice of violation; or

(b) Notice of infraction.

2303.3 The Department may issue a notice of infraction without first issuing a notice of violation or threatened violation.

2303.4 Sanctions, including civil fines and penalties, may be imposed pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985, (D.C. Law 6-42; D.C. Official Code §§ 2-1801 et seq.).

2303.5 The Department may also initiate a civil action in the Superior Court of the District of Columbia to secure a temporary restraining order, preliminary injunction, or other relief necessary for enforcement of this chapter.

2303.6 Each instance or day of a violation of each provision of this chapter shall be a separate violation.

2303.7 The Department may enter any food service business or retailer during normal business hours for the purpose of determining whether a food service business or retailer is complying with the requirements of this chapter.

History

SOURCE: Final Rulemaking published at 62 DCR 16315 (December 25, 2015); as amended by Final Rulemaking published at 69 DCR 001714 (March 4, 2022). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 2303

21 DCMR § 2304 ADMINISTRATIVE APPEALS AND JUDICIAL REVIEW

2304.1 A person adversely affected by an enforcement 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.), or OAH’s successor.

2304.2 The appeal to OAH shall be filed in writing within fifteen (15) calendar days of service, or twenty (20) calendar days if service is made by United States mail.

2304.3 The Department may toll a period for filing an administrative appeal with OAH if it does so explicitly in writing before the period expires.

2304.4 OAH shall:

(a) Resolve a notice of infraction 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

2304.5 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.

2304.6 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 party who asserts an affirmative defense; and

(b) To the party who asserts an exception to the requirements or prohibitions of a statute or rule.

2304.7 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.

2304.8 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 of the OAH proceedings according to the rules of the court.

History

SOURCE: Final Rulemaking published at 62 DCR 16315 (December 25, 2015). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 2304

21 DCMR § 2399 Definitions

2399.1 When used in this chapter, the following terms shall have the meanings ascribed:

Compostable - made solely of materials that break down into, or otherwise become part of, usable compost in a safe and timely manner in an appropriate program and identified on the list of compostable materials authorized in Section 103(b) of the Sustainable Solid Waste Management Amendment Act of 2014, effective February 26, 2015 (D.C. Law 20-154; D.C. Official Code § 8-1031.03(b)). [Statutory]

Department - The Department of Energy and Environment.

Expanded polystyrene - blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by a number of techniques, including fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene).

Expanded polystyrene food service products - food containers, plates, hot and cold beverage cups, meat and vegetable trays, egg cartons, and other products made of expanded polystyrene and used for selling or providing food.

Food service entity - full service restaurants, limited-service restaurants, fast foods restaurants, cafes, delicatessens, coffee shops, supermarkets, grocery stores, vending trucks or carts, food trucks, cafeterias, including those operated by or on behalf of District departments and agencies, and other entities selling or providing food within the District for consumption on or off the premises. [Statutory]

Recyclable - made solely of materials that can be recycled using the District’s recycling collection program and identified on the list of recyclable materials authorized in Section 103(b) of the Sustainable Solid Waste Management Amendment Act of 2014, effective February 26, 2015 (D.C. Law 20-154; D.C. Official Code § 8-1031.03(b)). [Statutory]

Retailer – a person or entity in the District engaged in sales to the public or consumers.

History

SOURCE: Final Rulemaking published at 62 DCR 16315 (December 25, 2015); as amended by Final Rulemaking published at 64 DCR 1094 (February 3, 2017); as amended by Final Rulemaking published at 69 DCR 001714 (March 4, 2022). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 2399

21-24 NONWOVEN DISPOSABLE PRODUCTS LABELING

21 DCMR § 2400 PURPOSE

2400.1 The purpose of this rule is to implement the Nonwoven Disposable Products Act of 2016, effective March 11, 2017 (D.C. Law 21-220; D.C. Official Code §§ 8-521 et seq.) to protect the District’s wastewater system from debris deposition, obstruction of flow, and operational interference caused by nonwoven disposable products (generally premoistened and typically referred to as “wipes”).

2400.2 This rule sets forth standards to determine whether a nonwoven disposable product sold in the District may be labeled as flushable. The rule provides a specific test in § 2402 to determine whether a product meets the flushability requirement of the Nonwoven Disposable Products Act.

2400.3 For nonwoven disposable products that do not meet that standard and are determined to be non-flushable, this rule sets forth the labeling requirements for such products that are sold in the District.

History

SOURCE: Final Rulemaking published at 72 DCR 012739 (November 14, 2025). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 2400

21 DCMR § 2401 APPLICABILITY

2401.1 A manufacturer of a nonwoven disposable product for sale in the District shall comply with the rules set forth in this chapter.

2401.2 This chapter is applicable to all nonwoven disposable products that have a significant potential to be used in a bathroom and flushed, including but not limited to: baby wipes, bathroom cleaning wipes, toilet cleaning wipes, hard surface cleaning wipes, disinfecting wipes, hand sanitizing wipes, antibacterial wipes, facial and makeup removal wipes, general purpose cleaning wipes, personal care wipes for use on the body, adult incontinence wipes, adult hygiene wipes, and body cleansing wipes.

History

SOURCE: Final Rulemaking published at 72 DCR 012739 (November 14, 2025). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 2401

21 DCMR § 2402 DETERMINATION OF FLUSHABILITY

2402.1 To be considered flushable, a nonwoven disposable product must:

(a) Be dispersible, as determined in accordance with § 2403;

(b) Not be buoyant, as determined in accordance with § 2404.1; and

History

SOURCE: Final Rulemaking published at 72 DCR 012739 (November 14, 2025). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 2402

21 DCMR § 2403 DETERMINATION OF DISPERSIBILITY

2403.1 To be considered dispersible, a nonwoven disposable product must pass the Slosh Box Test of the International Water Services Flushability Group (IWSFG) 2020: Publicly Available Specifications (PAS) 3 as published in December 2020 (IWSFG PAS3 2020). A copy of the document is provided on DOEE’s website at https://doee.dc.gov.

History

SOURCE: Final Rulemaking published at 72 DCR 012739 (November 14, 2025). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 2403

21 DCMR § 2404 DETERMINATION OF BUOYANCY AND PLASTIC CONTENT

2404.1 To be considered non-buoyant, a nonwoven disposable product shall be tested using the Settling Test of the INDA/EDANA Guideline Document 4 2018, FG 504.R1(18), and shall meet the following criteria, as set forth in IWSFG’s PAS1: 2020 Criteria for Recognition as a Flushable Product (IWSFG PAS1 2020):

(a) In at least ninety percent (90%) of the tests, the specimens should settle at an average velocity of at least one millimeter (1 mm) per second over the eleven hundred fifty-millimeter (1150 mm) measuring distance;

(b) In tests that are regarded as successful (see (a) above), the specimen or disintegrated parts of the specimens tested should not become sufficiently buoyant to rise more than three hundred millimeters (300 mm) from the bottom of the column within twenty-four (24) hours. If this occurs, that particular test should be regarded as ‘failed’ test;

2404.2 To be considered not to contain plastic, a nonwoven disposable product must be considered acceptable under Section 7.1 of IWSFG’s PAS 1 2020.

2404.3 Copies of the IWSFG PAS 1 2020 and INDA/EDANA Guideline Document 4 2018, FG 504.R1(18) are available on DOEE’s website at https://doee.dc.gov.

History

SOURCE: Final Rulemaking published at 72 DCR 012739 (November 14, 2025). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 2404

21 DCMR § 2405 INDEPENDENT TESTING AND CERTIFICATION TO THE DEPARTMENT

2405.1 The tests required by § 2402 shall be performed by an independent testing organization.

2405.2 Beginning no later than eighteen (18) months after the effective date of these regulations, each manufacturer of a nonwoven disposable product for sale in the District of Columbia shall present the following information to the Director for any nonwoven disposable product that the manufacturer seeks to label as flushable:

(a) The test data documentation showing the results of the tests required by § 2402; and

(b) A certification signed by both the manufacturer and the independent testing

organization that the product has passed the required tests.

The data and certification shall be sent to the Department by e-mail to wipes.doee@dc.gov or by mail to the Water Quality Division, Department of Energy and Environment, 1200 First Street N.E., 5th Floor, Washington, D.C. 20002.

2405.3 Eighteen (18) months after the effective date of this regulation, any manufacturer that has not already complied with Subsection 2405.2 shall provide the information required in Subsection 2405.2 to the Department prior to selling nonwoven disposable products labeled as flushable within the District of Columbia.

2405.4 Each manufacturer shall provide an annual update containing the information in Subsection 2405.2 for each of the next two (2) years following its initial certification. Such re-certifications shall be due in the same month as the original certification and submitted in the same manner provided for in Subsection 2405.2.

2405.5 A manufacturer that submits test results showing any three (3) years of compliance with the flushability requirement in its initial submission under Subsection 2405.2 is not subject to the additional two (2) years of verification testing in Subsection 2405.4.

History

SOURCE: Final Rulemaking published at 72 DCR 012739 (November 14, 2025). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 2405

21 DCMR § 2406 LABELING OF NONWOVEN DISPOSABLE PRODUCTS

2406.1 Beginning eighteen (18) months after the effective date of these regulations, a manufacturer of a nonwoven disposable product for sale in the District of Columbia shall not label a nonwoven disposable product as safe to flush, safe for sewer systems, safe for septic systems, or otherwise flushable unless the nonwoven disposable product meets the standards set forth in § 2402 of this chapter.

2406.2 Beginning eighteen (18) months after the effective date of these regulations, a manufacturer of a non-flushable nonwoven disposable product for sale in the District that does not meet the standards set forth in § 2402 must clearly and conspicuously label the product as being non-flushable in the manner set forth in § 2405.

History

SOURCE: Final Rulemaking published at 72 DCR 012739 (November 14, 2025). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 2406

21 DCMR § 2407 LABELING REQUIREMENTS FOR NON-FLUSHABLE NONWOVEN DISPOSABLE PRODUCTS

2407.1 A nonwoven disposable product that has not met the flushability requirements in § 2402 of these regulations shall be clearly and conspicuously labeled to communicate that the non-flushable nonwoven disposable product does not meet the standards set forth in § 2402 of these regulations, as follows:

Except as provided in paragraphs (b), (c), (d), (e), and (f) of this subsection, a non-flushable nonwoven disposable product shall be labeled in accordance with the following label requirements:

For cylindrical or near-cylindrical packaging intended to dispense individual products, a manufacturer shall comply with one (1) of the following options:

Place a “Do Not Flush” symbol and Label Notice on the principal display panel in a location reasonably viewable each time a product is dispensed.

Place a “Do Not Flush” symbol on the principal display panel, and either the “Do Not Flush” symbol or Label Notice, or the “Do Not Flush” symbol and Label Notice in combination, on the flip lid, subject to the following:

If the Label Notice does not appear on the flip lid, the Label Notice shall be placed on the principal display panel.

The “Do Not Flush” symbol or Label Notice, or the “Do Not Flush” symbol and Label Notice in combination, on the flip lid may be embossed, and in that case are not required to comply with subparagraph (a)(6) of this section.

The “Do Not Flush” symbol or Label Notice, or the “Do Not Flush” symbol and Label Notice in combination, on the flip lid shall cover a minimum of eight percent (8%) of the surface area of the flip lid.

For flexible film packaging intended to dispense individual products, a manufacturer shall:

Place the “Do Not Flush” symbol on the principal display panel and dispensing side panel and place the Label Notice on either the principal display panel or dispensing side panel in a prominent location reasonably visible to the user each time a product is dispensed;

If the principal display panel is on the dispensing side of the package, two (2) symbols are not required; and

For any flexible film packaging intended to dispense individual baby wipes, adhere to the requirements of this subsection and shall also place the “Do Not Flush” symbol or Label Notice on two (2) additional panels of the packaging except when the packaging is so small that inclusion of the “Do Not Flush” symbol or Label Notice on the two (2) additional panels is not practicable.

For refillable tubs or other rigid packaging intended to dispense individual products and be reused by the consumer for that purpose, a manufacturer shall:

Place the “Do Not Flush” symbol and Label Notice on the principal display panel in a prominent location reasonably visible to the user each time a product is dispensed; and

For any refillable tubs or other rigid packaging intended to dispense baby wipes and be reused by the consumer for that purpose, adhere to the requirements of this subsection and place the “Do Not Flush” symbol or Label Notice on two (2) additional panels of packaging except when the packaging is so small that inclusion of the “Do Not Flush” symbol or Label Notice on the two (2) additional panels is not practicable.

For packaging not intended to dispense individual products, a manufacturer shall place the “Do Not Flush” symbol and Label Notice on the principal display panel in a prominent and reasonably visible location.

A manufacturer shall ensure the packaging seams, folds, or other package design elements do not obscure the “Do Not Flush” symbol or the Label Notice.

A manufacturer shall ensure the “Do Not Flush” symbol and Label Notice have sufficiently high contrast, as defined in subsection 2405.3.

For non-flushable nonwoven disposable products sold in bulk at retail, both the outer package visible at retail and the individual packages contained within shall comply with the labeling requirements in paragraph (a) applicable to the particular packaging types, except this requirement does not apply to:

Individual packages contained within the outer package that are not intended to dispense individual products and contain no retail labeling; and

Outer packages that do not obscure the “Do Not Flush” symbol and Label Notice on individual packages contained within.

If a non-flushable nonwoven disposable wipes product is provided within the same packaging as another consumer product for use in combination with the other product, the outside retail packaging of the other consumer product does not need to comply with the labeling requirements of subsection (a) of this section.

If a non-flushable nonwoven disposable product is provided within the same package as another consumer product for use in combination with the other product and is in a package smaller than three inches by three inches (3 x 3 in.), the manufacturer may comply with the requirements of subsection (a) of this section by placing the “Do Not Flush” symbol and Label Notice in a prominent location on the combined package that is reasonably visible to the user.

Except as otherwise provided in this chapter, a manufacturer shall not make any representation, in any manner, expressly or by implication, including through the use of a product name, endorsement, depiction, illustration, trademark, or trade name, about the flushable attributes, flushable benefits, flushable performance, or flushable efficacy (such as the term “Plumber Approved”) on the packaging of a non-flushable nonwoven disposable product.

Compliance with United States Environmental Protection Agency (“EPA”) labeling requirements:

If a non-flushable nonwoven disposable product is required to be registered by the EPA under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. § 136 et seq.), the manufacturer shall submit a label compliant with the labeling requirements of paragraph (a) of this subsection no later than January 1, 2025, to the EPA.

If the EPA does not approve a product label that otherwise complies with the labeling requirements of paragraph (a) of this subsection, the manufacturer shall use a label with as many of the requirements of this section as the EPA has approved.

A manufacturer may include on a non-flushable nonwoven disposable product packaging words or phrases in addition to those required for the Label Notice so long as the words or phrases cannot be reasonably construed to imply that the product is flushable.

2407.2 The “Do Not Flush” symbol and Label Notice placed on non-flushable nonwoven disposable products as required in Subsection 2405.1 shall comply with the following standards:

When a manufacturer is required to affix a “Do Not Flush” symbol to the packaging of a non-flushable nonwoven disposable product, the packaging shall include the Association of the Nonwoven Fabrics Industry (INDA) Code of Practice 2 (COP2) “Do Not Flush” symbol presented in Figure 1. The “Do Not Flush” symbol shall cover at least two percent (2%) of the surface area of the side of the side of the package on which the logo is presented.

Figure 1

When a manufacturer is required to affix a Label Notice to the packaging of non-flushable nonwoven disposable products, this shall mean the phrase “DO NOT FLUSH”. The Label Notice shall cover at least two percent (2%) of the surface area of the side of the package on which the Label Notice is presented.

2407.3 Any “Do Not Flush” symbol and Label Notice placed on packaging pursuant to the requirements of this Chapter shall have a sufficiently high contrast to the background by meeting both of the following conditions:

Using either a light symbol or text on a solid dark background or a dark symbol or text on a solid light background; and

Having at least seventy percent (70%) contrast between the symbol artwork or text and the background using the following formula:

(B1 – B2) / B1 * 100 = contrast percentage where:

B1 = the light reflectance value of the lighter area;

B2 = the light reflectance value of the darker area.

History

SOURCE: Final Rulemaking published at 72 DCR 012739 (November 14, 2025). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 2407

21 DCMR § 2408 ENFORCEMENT

2408.1 A manufacturer that offers for sale in the District of Columbia any nonwoven disposable product that does not meet the requirements of this chapter shall be subject to civil fines and penalties pursuant to the Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code §§ 2-1801 et seq.) (“Civil Infractions Act”) and the Civil Infractions Regulations (Title 16 DCMR, Chapter 40). Enforcement and adjudication of an infraction shall be pursuant to the Civil Infractions Act.

2408.2 In addition, pursuant to section 4(b) of the Act (D.C. Official Code § 8-523), the Attorney General for the District of Columbia may seek injunctive relief or other appropriate remedy in any court of competent jurisdiction to enforce compliance with the Act.

History

SOURCE: Final Rulemaking published at 72 DCR 012739 (November 14, 2025). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 2408

21 DCMR § 2409 NOTICE OF NON-PERFORMANCE AND REQUIREMENT TO CURE

2409.1 Notwithstanding any other provision of this chapter, a manufacturer who fails to comply with the flushability performance specifications in § 2402 in either of the subsequent annual verification testing periods specified in Subsection 2405.4 must provide notice of such failure to the Director by electronic mail (wipes.doee@dc.gov) within ten (10) days of the manufacturer’s receipt of the failing result. As long as such notice is provided, the manufacturer may continue to sell in the District any noncompliant product already produced. However, the manufacturer shall, within one hundred twenty (120) days of the manufacturer’s receipt of a failing result, either (1) cure the defect and provide updated certifications required by § 2405 or (2) cease distributing (after the one hundred twenty (120)-day grace period) the non-conforming product within the District of Columbia until such time as the product passes the flushability performance specifications in § 2402.

2409.2 If District testing finds that a certified product does not satisfy one of the tests required by § 2402, the District shall present its test results to the manufacturer of the certified product, and the manufacturer may contest such result with its own data showing that the certified product passes the relevant test.

2409.3 If, within sixty (60) days after receipt of the District’s test result showing that a certified product does not satisfy one of the requirements of § 2402, the manufacturer fails to provide the District with its own data showing that the certified product passes the relevant test, the manufacturer shall be subject to enforcement action under § 2408.

2409.4 If the District and the manufacturer cannot resolve inconsistent testing results, the manufacturer shall submit the certified product to an independent testing organization within sixty (60) days after notification from the District for independent testing in accordance with the procedures set forth in §§ 2403–2404.

2409.5 If the independent testing organization finds that the certified product does not pass the relevant test, then the manufacturer shall have eight (8) weeks to come into compliance with the requirements of this chapter. If, at the conclusion of the eight (8) weeks, the manufacturer has failed to come into compliance, the manufacturer shall be subject to enforcement action under § 2408.

History

SOURCE: Final Rulemaking published at 72 DCR 012739 (November 14, 2025). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 2409

21 DCMR § 2499 DEFINITIONS

2499.1 When used in this chapter, the following terms shall have the meanings ascribed:

Certified product – a nonwoven disposable product that has been certified by its manufacturer, in accordance with § 2405, to meet the requirements set forth in § 2402.

Department - the Department of Energy and Environment.

Director - the Director of the Department of Energy and Environment

District - the District of Columbia.

“Do Not Flush” symbol – a symbol affixed to packaging in compliance with Subsections 2407.2 and 2407.3 of this Chapter.

Flushable - a nonwoven disposable product that meets the requirements set forth in § 2402.

Independent testing organization - a lab or other facility capable of carrying out the tests set forth in this chapter that is not owned or operated by a manufacturer and that has no affiliation with a manufacturer or consortium or association of manufacturers through an ownership, familial, contractual, or other relationship that results in the facility being controlled by or under common control with a manufacturer.

Label - to represent by statement, word, picture, design, or emblem on the packaging of a nonwoven disposable product.

Label notice – the phrase “Do Not Flush” affixed to packaging in compliance with Subsections 2407.2 and 2407.3 of this Chapter.

Manufacturer - a business entity that produces a nonwoven disposable product for sale and distribution in the District of Columbia.

Nonwoven disposable product - a product constructed from nonwoven sheets, including moist toilet tissue or cloth, that is designed, marketed, or commonly used for personal hygiene purposes. Nonwoven disposable products that achieve flushability through the use of substantially similar technology and materials but that are sold under multiple lines, brand names, or using a variety of packaging shall constitute a single product under the provisions of this chapter.

Principal display panel – the side of the product package that is most likely to be displayed, presented, or shown under customary conditions of display for retail sale. In the case of a cylindrical package, the surface area of the principal display panel constitutes forty percent (40%) of the product package as measured by multiplying the height of the container by the circumference. In the case of a flexible film package in which a rectangular prism or nearly rectangular prism stack of products is housed within the film, the surface area of the principal display panel is measured by multiplying the length by the width of the side of the package when the flexible packaging film is pressed flat against the stack of products on all sides of the stack.

History

SOURCE: Final Rulemaking published at 72 DCR 012739 (November 14, 2025). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 2499

21-25 CRITICAL AREA – GENERAL RULES

21 DCMR § 2500 SCOPE AND APPLICABILITY

2500.1 The procedures and requirements of this chapter shall apply to any person conducting an activity regulated by this chapter or by Chapter 26 of Title 21 of the District of Columbia Municipal Regulations (DCMR). Together, these chapters are designated the Critical Area rules.

History

SOURCE: Final Rulemaking published at 68 DCR 5254 (May 14, 2021). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 2500

21 DCMR § 2501 DESIGNATION OF CRITICAL AREAS

2501.1 The Department of Energy and Environment (DOEE or Department) may designate critical areas by regulation describing the location and extent of the critical areas or the criteria for determining the location and extent of the critical area.

2501.2 The Department designates the following as critical areas within the District:

(a) Any wetland, as defined in § 2699; and

(b) Any stream, as defined in § 2699.

History

SOURCE: Final Rulemaking published at 68 DCR 5254 (May 14, 2021). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 2501

21 DCMR § 2502 INSPECTION

2502.1 The Department may conduct an inspection of an activity regulated under the Critical Area rules to ensure compliance with the rules.

2502.2 The Department or its representative may, at any reasonable time, upon the presentation of appropriate credentials, and with the consent of, the owner, operator, or person in charge:

(a) Enter premises where a regulated activity subject to the Critical Area rules is located or conducted;

(b) Access and copy any record, report, or other document or information related to compliance with the Act;

(d) Conduct sampling, testing, monitoring, or analysis.

2502.3 A person performing a regulated activity shall communicate with the Department as follows:

(a) Provide preconstruction notification at least seven (7) business days before the start of the regulated or mitigation activity; and

(b) For the completion of the regulated activity or mitigation project, and to request a final inspection, contact the Department at least seven (7) days in advance.

2502.4 The Department may require an additional inspection at a particular stage of construction by specifying that requirement in the permit, or by specifying that it must be included in the approved final site plan or approved mitigation plan.

2502.5 No person may proceed with work past a stage of construction that the Department has identified as requiring an inspection unless:

The Department’s inspector has issued an “approved” or “passed” report;

The Department has approved a permit, certification, or mitigation plan modification that eliminates the inspection requirement; or

The Department otherwise eliminates or modifies the inspection requirement in writing.

2502.6 The Department shall determine whether the work, construction, and maintenance comply with the approved permit, certification, or mitigation plan.

2502.7 The Department may conduct inspections of the site on a periodic or as-needed basis.

2502.8 If the Department is denied access to enter or inspect and copy records pursuant to subsection (a) of this section, the Department may apply to the Superior Court for the District of Columbia for a search warrant.

History

SOURCE: Final Rulemaking published at 68 DCR 5254 (May 14, 2021). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 2502

21 DCMR § 2503 STOP WORK ORDERS

2503.1 The Department may issue a stop work order if it has determined that one (1) or more of the following conditions exists:

Noncompliance with a notice that requires corrective action;

Material false statement or misrepresentation of fact in an application that the Department approved for the project;

During the project, the business license of a contractor or subcontractor is void, has expired, or has been suspended or revoked;

Work involving an activity regulated under the Critical Area rules is being conducted:

(1) In violation of this chapter or Chapter 26;

(2) In an unsafe manner; or

(3) In a manner that poses a threat to the public health or the environment.

2503.2 A stop work order shall:

(a) Have immediate effect;

(b) Be issued in writing; and

(1) The person who has received an approval under this chapter or the person’s authorized representative;

(2) The person doing the work; or

(3) The person on site who is responsible for the work.

2503.3 The stop work order shall identify the:

Location of the work;

Corrective action or cessation required;

(d) Reason for the order;

Person issuing the order, including telephone contact, and, if available, email or other electronic means of address; and

Steps to be taken to challenge or appeal the order.

2503.4 The stop work order shall be:

(a) Posted at the property; and

(b) Served by registered mail, hand-delivery with certification of service to the person who received approval for the work or that person’s agent.

2503.5 No person shall remove a stop work order posted at a site without the Department’s written approval.

2503.6 A person who continues work stopped by an order shall be in violation of this chapter for each day on which work is conducted, except for work:

Required immediately to stabilize the activity and place the property in a safe and secure condition;

(b) That the Department orders; or

History

SOURCE: Final Rulemaking published at 68 DCR 5254 (May 14, 2021). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 2503

21 DCMR § 2504 VIOLATIONS AND ENFORCEMENT PROCEDURES

2504.1 Each instance or day of a violation of each provision of the Critical Area rules shall be a separate violation.

2504.2 Upon identifying a violation of the Critical Area rules, the Department may issue one or more of the following:

A Notice of Violation;

A stop work order;

A compliance order;

An administrative order for costs and expenses;

An Enforcement Notice; or

A Notice of Infraction.

2504.3 The District may seek criminal prosecution if a person violates a provision of the Critical Area rules, to the extent authorized by section 17 of the Water Pollution Control Act of 1984, effective March 16, 1985 (D.C. Law 5-188; D.C. Official Code § 8-103.16).

2504.4 The Attorney General for the District may bring a civil action in the Superior Court of the District of Columbia or any other court of competent jurisdiction, for civil penalties, damages, cost recovery, reasonable attorney and expert witness fees, and injunctive or other appropriate relief pursuant to sections 18(d) and 19 of the Water Pollution Control Act of 1984, effective March 16, 1985 (D.C. Law 5-188; D.C. Official Code §§ 8-103.17(d) and 8-103.18), and section 206 of the Fisheries and Wildlife Omnibus Amendment Act of 2016 (D.C. Law 21-282; 8-1731.06).

2504.5 As an alternative to a civil penalty, the Department may impose administrative penalties, fines, and fees as sanctions for any violation of the Critical Area rules.

2504.6 Except when otherwise required by statute, an administrative civil fine shall be calculated according to the schedule of fines for violations of this chapter that has been approved pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.04).

2504.7 Administrative adjudication of a Notice of Infraction shall be conducted by OAH, pursuant to its rules and procedures.

History

SOURCE: Final Rulemaking published at 68 DCR 5254 (May 14, 2021). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 2504

21 DCMR § 2505 ADMINISTRATIVE APPEALS AND JUDICIAL REVIEW

2505.1 With respect to a matter governed by the Critical Area rules, 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) or OAH’s successor.

2505.2 For the purposes of this chapter, an action of the Department taken with respect to a person shall include any:

(a) Approval of a permit or certification;

(b) Denial of a permit or certification;

(d) Administrative order for costs and expenses;

(e) Stop work order; or

(f) Other action of the Department which constitutes the Department’s final decision process and is determinative of a person’s rights or obligations.

2505.3 For the purposes of this chapter, a Notice of Violation or Enforcement Notice:

Shall not be an action of the Department that a person may appeal to OAH;

Shall be responded to within the time specified in the notice, including a written statement containing the grounds, if any, for opposition; and

Shall not constitute a waiver of compliance or tolling of a period for a fine or penalty.

2505.4 If a person fails to agree to or settle an Enforcement Notice or otherwise denies a claim stated in an Enforcement Notice, the Department may cancel the Enforcement Notice and file a Notice of Infraction (NOI) with OAH for adjudication.

2505.5 A person aggrieved by an action of the Department shall file a written appeal with OAH within the following time period:

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.

2505.6 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.

2505.7 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.

2505.8 An action for judicial review of a final OAH decision shall not be a de novo review of OAH’s factual conclusions, but shall be a review of the administrative record alone and not duplicate agency proceedings or hear additional evidence.

2505.9 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.

History

SOURCE: Final Rulemaking published at 68 DCR 5254 (May 14, 2021). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 2505

21 DCMR § 2599 DEFINITIONS

2599.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Act – the Fisheries and Wildlife Omnibus Amendment Act of 2016 (D.C. Law 21-282; D.C. Official Code § 8-1731.02 et seq.)).

Certification – certification by the District pursuant to section 401 of the Clean Water Act (33 U.S.C. § 1341) that a federal Clean Water Act Section 404 (33 U.S.C. § 1344) permit or letter of approval issued by the U.S. Army Corps of Engineers complies with the District’s laws and regulations.

Critical Area rules – means this chapter and Chapter 26 of the District of Columbia Municipal Regulations.

Critical Areas –- means the following areas and ecosystems:

(a) Areas containing species of local importance;

(b) Critical aquifer recharge areas;

(d) Frequently-flooded areas;

(e) Wetlands; and

(f) Areas the Department designates, by rule, as critical areas.

Department – the Department of Energy and Environment, or its successor agency.

District – the District of Columbia

Enforcement Notice – a document that identifies a violation, assesses a proposed civil infraction fine, and provides an opportunity to resolve the matter with the Department prior to adjudication by the OAH.

Maintenance –

(a) Means activities undertaken to prevent the deterioration, impairment, or need for repair of a serviceable fill area, structure, right-of-way, or land use, including management of vegetation and replacement of structural components.

(b) Does not include dredging, excavating, or filling, unless such action is conducted in a temporary sediment control structure, wash pond, or roadside ditch.

Mitigation – the restoration, creation, enhancement, or preservation of aquatic resources for the purposes of offsetting unavoidable adverse impacts that remain after all appropriate and practicable avoidance and minimization measures have been taken.

Notice of Infraction – a document identifying a violation and assessing a civil infraction fine that is subject to adjudication by OAH upon request of the recipient.

Person –- any individual, partnership, corporation (including a government corporation), trust association, firm, joint stock company, organization, commission, or the District or federal government.

Project – the entire activity on one or more parcels of land, of which a regulated activity is a part, including all proposed and projected phases and sections of land subdivisions.

Regulated activity – any of the following activities that are undertaken or originate in a wetland or stream:

(a) Removing, excavating, dredging, or filling with soil including sediments, sand, gravel, minerals, organic matter, or materials of any kind;

(b) Changing, blocking or diverting existing drainage characteristics, sedimentation patterns, flow patterns, or flood retention characteristics;

(c) Disturbing the surface water level or groundwater elevation by drainage, impoundment, diversion, filling, or other means;

(d) Dumping or discharging or filling with materials;

(e) Grading or removing materials that would alter existing topography;

(f) Destroying or removing plant or aquatic life that would alter the character of a wetland;

(g) Introducing plant or aquatic life that would alter the character of a wetland;

(h) Diverting, obstructing, or piping water flow from its natural path;

(i) Conducting sediment or water sampling activities or studies;

(j) Driving piles, paving, and placing obstructions; and

(k) Undertaking other activities that change the physical, biological, and chemical integrity of a wetland.

Wetland –

(a) Means an area that is inundated by tides or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions; and

(b) Includes a marsh, swamp, pond, or vernal pool.

Wildlife – any species of a vertebrate or invertebrate animal, excluding domestic species.

History

SOURCE: Final Rulemaking published at 68 DCR 5254 (May 14, 2021). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 2599

21-26 CRITICAL AREA - WETLANDS AND STREAMS

21 DCMR § 2600 GENERAL PROVISIONS

2600.1 The purpose of this chapter is to provide for the management and protection of wetlands and streams in the District, consistent with the following:

The District of Columbia Wetland Conservation Plan, which establishes goals of no net loss in the acreage and function of wetlands, and an eventual overall net gain;

The District of Columbia Fisheries and Wildlife Omnibus Act of 2016, which designated wetlands, fish and wildlife habitat conservation areas, and frequently flooded areas as critical areas to be protected, conserved, or enhanced; and

The Chesapeake Bay Watershed Agreement of 2014, specifically the goal to restore, enhance, and protect a network of land and water habitats to support fish and wildlife, and to afford other public benefits, including water quality, recreational uses, and scenic values across the watershed.

2600.2 No person shall conduct a regulated activity in a wetland or stream unless the activity is exempt under § 2601 or conducted pursuant to a wetland and stream permit or water quality certification in accordance with § 2600.4.

2600.3 Notwithstanding any provision of this chapter or Chapter 25, a person who has submitted an application for a water quality certification pursuant to section 401 of the Clean Water Act (CWA) (33 U.S.C. § 1341) before the effective date of these emergency rules shall not be subject to the provisions of this chapter or Chapter 25 for the regulated activity that was the subject of the application.

2600.4 A person conducting a regulated activity in a wetland or stream shall obtain one of the following:

For an activity conducted in a wetland or stream that requires a permit under CWA section 404 (33 U.S.C. § 1344), a permit issued by the U.S. Army Corps of Engineers and a District water quality certification of that permit under section 401 of the CWA (33 U.S.C. § 1341); or

For an activity conducted in a wetland or stream that does not require a permit under CWA section 404, a District wetland and stream permit issued by the Department.

2600.5 The Department shall not issue a wetland and stream permit under this chapter or water quality certification for a regulated activity under section 401 of the CWA unless the applicant demonstrates to the satisfaction of the Department that:

(a) The proposed project is either water-dependent, or is not water-dependent but has provided justification that no practicable alternative exists under the criteria in § 2605;

(b) The regulated activity will first avoid and then minimize impacts to wetlands and streams based on consideration of existing topography, vegetation, fish and wildlife resources, and hydrological conditions under the criteria in § 2606; and

(c) The applicant has developed and implemented or will implement mitigation plans and practices under the criteria in §§ 2607, 2608, 2609, 2610, and 2611.

2600.6 The Department shall not issue a wetland and stream permit or water quality certification for a regulated activity if it:

Causes or contributes to, after consideration of disposal site dilution and dispersion, violations of any applicable District water quality standard;

Violates any applicable toxic effluent standard or prohibition under CWA § 307 (33 U.S.C. § 1317); or

Jeopardizes the continued existence of a species listed as threatened or endangered under the federal Endangered Species Act, 16 U.S.C. § 1531 et seq., or results in the destruction or adverse modification of critical habitat of such species.

2600.7 Unless otherwise specified in a District wetland and stream permit or water quality certification issued by the Department, no regulated activity shall cause or contribute to significant degradation of wetlands or streams, including an individual or cumulative impact that:

(a) Degrades aquatic or semi-aquatic ecosystem populations, diversity, productivity, or stability;

(b) Adversely affects the biological, chemical, or physical properties of a wetland or stream;

(d) Jeopardizes the continued existence of a species of greatest conservation need or results in the destruction or adverse modification of habitat of such species.

2600.8 Persons conducting regulated activities within wetlands and streams shall:

Conduct the regulated activity so as not to alter or impact the habitats of species of greatest conservation need;

(b) Conduct the regulated activity so as not to restrict or impede the passage of normal high water flows;

(c) Conduct the regulated activity so as not to restrict or impede the movement of wildlife indigenous to the wetland or adjacent water;

(d) Adhere to time-of-year restrictions as required by the Department under 21 DCMR § 1405;

(e) Avoid any disturbances in breeding areas for migratory waterfowl and species of greatest conservation need;

(f) Maintain the hydrologic regime of District waters impacted by the regulated activity;

(g) Place materials in a location and manner that does not impact surface or subsurface water flow into or out of District waters;

(h) Use only backfill that is free of waste metal products, debris, toxic material, contaminated material, or any other deleterious substance;

(i) Place heavy equipment on mats, or suitably design the equipment to prevent damage to wetlands and soil compaction;

(j) For installation of utility lines or repairs to utility lines, ensure that post-construction grades and elevations of wetlands and stream bed and banks are the same as original grades and elevations;

(k) Avoid significant individual and cumulative impacts to wetlands of special concern; and

(l) Manage runoff to prevent discharge of untreated stormwater into District waters.

History

SOURCE: Final Rulemaking published at 68 DCR 5254 (May 14, 2021). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 2600

21 DCMR § 2601 ACTIVITIES EXEMPT FROM THIS CHAPTER

2601.1 The following activities are exempt from the permitting requirements of this chapter:

(a) Any proposed regulated activity conducted by a person who received a federal Clean Water Act (CWA) section 404 permit issued by the U.S. Army Corps of Engineers (33 U.S.C. § 1344), and a District water quality certification of that permit under section 401 of the CWA (33 U.S.C. § 1341) before the effective date of these regulations;

(b) Invasive species eradication, mowing, or other forms of weed control in existing public utility rights-of-way; and

2601.2 The following activities are exempt from the mitigation requirements of this chapter:

Submerged aquatic vegetation restoration and enhancement activities;

Stream and wetland enhancement, restoration, and creation activities that are not related to mitigation, provided:

The activities do not impact the biological, chemical, or physical properties of the wetland or stream; and

The project is not located within a wetland of special concern.

The installation of floating recreational docks that will be removed within six (6) months of installation.

2601.3 A person may perform emergency work to protect life, limb or property, or may perform emergency repairs, prior to obtaining a wetland and stream permit or water quality certification, provided that:

(a) The person performing the work or repairs notifies the Department by telephone or email within twenty-four (24) hours or the next business day after learning of the condition requiring emergency work or emergency repairs;

(b) The person submits an application for a District Wetland and Stream Permit or a water quality certification within thirty (30) days of beginning the emergency work or emergency repairs;

(c) For an activity conducted in a wetland or stream that is also determined to be waters of the United States, the person conducting the activity follows any emergency procedures established by the U.S. Army Corps of Engineers in accordance with 33 C.F.R. § 325.2(e)(4); and

(d) The person performing the emergency work or emergency repairs completes the work or repairs, and, once the wetland or stream permit or water quality certification is issued, the person fulfills any mitigation required by the permit or certification.

History

SOURCE: Final Rulemaking published at 68 DCR 5254 (May 14, 2021). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 2601

21 DCMR § 2602 APPLICATION REQUIREMENTS FOR A DISTRICT WETLAND AND STREAM PERMIT OR A SECTION 401 WATER QUALITY CERTIFICATION

2602.1 An applicant seeking a water quality certification shall submit an electronic copy of the signed joint permit application form accessible on U.S. Army Corps of Engineers’ website, along with supporting documents that were submitted to the U.S. Army Corps of Engineers for a CWA § 404 Permit, to the Department’s submittal database.

2602.2 An applicant seeking a District wetland and stream permit shall submit to the Department’s submittal database a signed application on a form provided by the Department.

2602.3 An applicant for a District wetland and stream permit or water quality certification shall submit the following information to the Department’s submittal database, if not previously submitted pursuant to § 2602.1:

A detailed description of the proposed project including:

Project purpose;

A description of facilities to be constructed or modified and work to be performed that would impact wetlands, streams, or other District waters;

A description of the size and location of the proposed project site;

A copy of either the approved jurisdictional determination letter from the U.S. Army Corps of Engineers or the preliminary jurisdictional determination form;

The area (in square feet), length (in feet), and type(s) of streams and wetlands proposed to be impacted, including the area or length determined to be waters of the United States; and

The applicant’s proposed mitigation plan.

A wetland and stream delineation report for the site, with supporting documents, that delineates all wetlands and streams within the project vicinity and includes:

Wetland determination data forms for each wetland community in accordance with U.S. Army Corps of Engineers 1987 Wetlands Delineation Manual and Regional Supplements, accessible on the U.S. Army Corps of Engineers’ website: https://www.nab.usace.army.mil/Missions/Regulatory/Jurisdictional-Determinations;

Topographic mapping; and

Survey mapping.

Wetland boundaries, as marked or flagged in the field, based on field delineation and delineated in accordance with the U.S. Army Corps of Engineers Wetland Delineation Manual and its Regional Supplements;

Wetland and upland data point locations delineated in accordance with the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual and Regional Supplements;

Stream top-of-bank boundaries and ordinary high water mark boundaries, as marked or flagged in the field, based on field delineation;

Locations of springs, seeps, vernal pools, and other aquatic resources;

Locations of existing and proposed structures or utilities;

Proposed locations of regulated activities and limits of disturbance;

Property lines of any parcels impacted by the regulated activity;

Locations and number of soil or sediment investigations and any soil or sediment contamination issues;

Locations and number of groundwater investigations and any contamination issues; and

Locations of project sites on District Flood Insurance Rate Map (FIRM).

If the proposed project involves culvert installation, bridge work, stream restoration, or stream mitigation submit cross-sectional drawing(s) of each proposed impact area that includes at a minimum:

(1) Graphic scale;

(2) Existing and proposed elevations;

(3) Limits of wetlands and streams;

(4) Flow direction;

(5) For non-tidal streams, ordinary high water mark and top-of-bank;

(6) For tidal streams, mean low water and mean high water lines;

(7) Impact limits; and

(8) Location of all existing structures and proposed structures.

If the proposed project involves culvert installation, bridge work, stream restoration, or stream mitigation submit profile drawing(s) with the information listed in paragraph (d), if required by the Department to demonstrate minimization of impacts;

A list of each type of wetland proposed to be impacted, identified by its Cowardin classification, and for each classification of wetland:

The area of each proposed wetland impact in square feet; and

The total area of all proposed impacts in square feet.

A list of individual stream impacts, identified by classification as a perennial stream, intermittent stream, or ephemeral stream:

By length in linear feet to the nearest whole number and by average width in feet to the nearest whole number; and

In square feet to the nearest whole number.

Representative photographs of the impacted wetland or stream, riparian buffers, data point locations, and project area;

(i) A completed environmental impact screening form and review documents, if required by the District of Columbia Environmental Policy Act of 1989, effective October 18, 1989 (D.C. Law 8-36; D.C. Official Code § 8-109.01 et seq.), and by 20 DCMR § 7201;

(j) Names of adjacent property owners;

(k) A photo location map identifying the direction of each photo taken;

(l) If the proposal is projected to generate permanent impacts, a functional assessment of the wetlands and streams directly or indirectly impacted by the proposed activity;

(m) An avoidance and minimization analysis, as specified in § 2606;

(n) A mitigation plan, as specified in § 2608; and

(o) A Certificate of Clean Hands, which is available from the District Office of Tax and Revenue.

2602.4 The Department may request evidence or certification that material is free from toxic contaminants prior to disposal or use for fill.

2602.5 The applicant shall certify the truth, accuracy, and completeness of all the information in the application.

2602.6 The application shall be signed by the applicant or, if the applicant is not an individual, by an authorized agent of the applicant.

2602.7 If the applicant is not the legal property owner, the application form shall also be signed by the legal property owner or an authorized agent of the owner.

2602.8 An applicant shall flag the wetland boundaries in the field in accordance with the Corps of Engineers Wetlands Delineation Manual and its Regional Supplements.

2602.9 An applicant shall maintain the boundary flags until the Department and U.S. Army Corps of Engineers have reached a jurisdictional determination decision.

2602.10 An applicant for a wetland and stream permit, water quality certification, or a modification of a wetland and stream permit or a water quality certification, shall pay a nonrefundable application fee at the time the applicant submits the application to the Department, as specified in § 2604.

2602.11 For purposes of this section, the term “authorized agent” shall mean:

For a corporation, partnership, limited liability company, association, trust, or other business entity, a governor as defined in D.C. Official Code § 29-101.02; and

For the District or federal government, a legally authorized official.

History

SOURCE: Final Rulemaking published at 68 DCR 5254 (May 14, 2021). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 2602

21 DCMR § 2603 APPLICATION PROCESSING

2603.1 An application is complete if:

It contains all of the information required by §§ 2602, 2605, 2606, 2607, and 2608;

(b) The application fees set forth in § 2604 are paid in full; and

(c) The Department determines that all the information submitted is sufficient for the Department to process the application.

2603.2 If an application is incomplete, the Department may:

(a) Notify the applicant in writing or through the Department’s submittal database of any items or additional information that are required; or

(b) Return the application.

History

SOURCE: Final Rulemaking published at 68 DCR 5254 (May 14, 2021). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 2603

21 DCMR § 2604 FEE SCHEDULES FOR DISTRICT WETLAND AND STREAM PERMIT AND WATER QUALITY CERTIFICATION APPLICATIONS

2604.1 Any person applying for a wetland and stream permit or water quality certification shall pay the fees described in this section.

2604.2 The Department shall adjust the fees in this section for inflation annually, using the Urban Consumer Price Index published by the United States Bureau of Labor Statistics. To perform this adjustment, the Department shall increase each fee by the percentage, if any, by which the Urban Consumer Price Index for June of the calendar year exceeds the Urban Consumer Price Index for June of the previous year. Each inflation adjustment shall be posted to the Department’s website.

2604.3 An applicant for a permit, water quality certification, or modification of a permit or a water quality certification shall pay the appropriate nonrefundable application fee in Table 1 at the time the applicant submits the application to the Department.

Table 1. DOEE Application Fees

Wetland and Stream Permit Review and/or Water Quality Certification Review

$750.00

Minor Permit/Certification Modification (projects with impacts < 5,000 SF)

$750.00

Major Permit/Certification Modification (projects with impacts > 5,000 SF)

$1,500.00

Request DOEE to perform Presence/Absence Survey

Desktop Review $50.00

Request DOEE to perform Presence/Absence Survey

Site Visit $75.00 for first hour plus $100 for each additional hour

2604.4 An applicant for a permit, water quality certification, or modification of a permit or a water quality certification shall pay the appropriate fee in Table 2 after the Department has reviewed and commented on the application but prior to the issuance of the permit or certification.

Table 2. Fees Based on Final Impact

< 5,000 SF

$1,500.00

5,000 SF to < ¼ acre

$3,000.00

¼ acre to < ½ acre

$4,500.00

½ acre to < ¾ acre

$6,000.00

¾ acre to < 1 acre

$7,500.00

1 acre

$9,000.00

2604.5 An applicant for a permit, water quality certification, or modification of a permit or a water quality certification shall pay any appropriate additional fees in Table 3 shall be paid after the Department has reviewed and commented on the application but prior to the issuance of the permit or certification.

Table 3. Additional Fees

Permittee-Responsible Mitigation Plan Review

$1,580.00

Permittee-Responsible Mitigation Site Inspection/Monitoring for Impacts to PEM1/PSS2 Wetlands and/or Streams

$3,950.00

Permittee-Responsible Mitigation Site Inspection/Monitoring for Impacts to PFO3 Wetlands

$6,900.00

Contaminated soil, sediment, groundwater, or surface water within project site

$1,300.00

1PEM - Palustrine emergent wetland

2PSS – Palustrine scrub shrub wetland

3PFO – Palustrine forested wetland

History

SOURCE: Final Rulemaking published at 68 DCR 5254 (May 14, 2021). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 2604

21 DCMR § 2605 determining whether a proposed project is water-dependent OR has no practicable alternative

2605.1 The Department may issue a permit or certification for an activity only if the Department finds that:

(a) The proposed project is water-dependent; or

(b) The proposed project is not water-dependent and has no practicable alternative, as specified in this section.

2605.2 The Department will apply the following criteria to determine whether a proposed project is water-dependent:

(a) Whether an alternate water source is available for use, including surface water or groundwater, that may result in less adverse impacts to or streams; and

(b) Whether the use of a wetland or stream would only enhance a project rather than function as an essential element of a project.

2605.3 In determining whether the proposed project requires access to a wetland or stream as a central element of its basic project purpose, the Department will consider whether access could be accomplished at another location that would first avoid, or if avoidance is not possible then minimize, impacts to wetlands or streams.

2605.4 For a multiple-use project that has both water-dependent and non-water dependent features, the Department will determine the features that are water dependent.

2605.5 In determining whether the proposed project is water dependent, the Department may consider, but is not bound by, the applicant’s description of the basic project purpose.

2605.6 If the project is not water dependent, the applicant shall demonstrate to the satisfaction of the Department that all practicable alternatives have been analyzed, and that the proposed regulated activity has no practicable alternative.

2605.7 In determining whether the proposed regulated activity has a practicable alternative, the Department may consider the following:

(a) Whether the basic purpose of the project can be reasonably accomplished using one or more other sites in the same general area as the proposed project that would avoid or reduce impacts on wetlands, streams, and other District waters;

(b) Whether a reduction in the size, scope, configuration, or density of the proposed project would accomplish the basic purpose of the project;

Whether an alternative design, including a no-build alternative that would avoid or reduce impacts on wetlands, streams, and other District waters, would accomplish the basic project purpose;

(d) Whether the applicant has made a good-faith effort to address site constraints such as inadequate zoning, infrastructure, or parcel size that caused an alternative to the proposed regulated activity and project to be rejected; and

(e) Whether the regulated activity is necessary for the project to meet a demonstrated public benefit.

2605.8 In determining whether the basic project purpose can be reasonably accomplished using one or more other sites in the same general area as the proposed project that would avoid or result in less adverse impact to wetlands or streams, as specified in § 2605.7(a):

The Department may consider the applicant’s definition of the general area, but may make an independent determination;

The applicant shall prove to the Department’s satisfaction that the applicant has examined at least four (4) alternative sites, including a no-action alternative, for the proposed project during the initial planning phase; and

The applicant may not exclude an alternative site from consideration during the initial planning phase because it includes or requires an area not owned by the applicant that could reasonably be obtained, used, expanded, or managed to fulfill the basic purpose of the proposed project.

2605.9 In determining whether an applicant has made a good-faith effort to address constraints, as specified in § 2605.7(d), the Department may consider any pertinent information, including:

(a) Correspondence or other written documentation between an applicant and a local authority, including a request for a special exception or other zoning variance;

(b) Evidence of efforts to modify the local infrastructure, including future planned expansions or redesign of the project because of potential impacts to wetlands or streams; and

(c) Written documentation of efforts undertaken to acquire another site or to reconfigure the proposed project, such as the reduction of building footprints by compensating vertical expansion or the use of multilevel parking garages to address the constraint.

2605.10 In determining whether the regulated activity is necessary for the proposed project to meet a demonstrated public need, as specified in § 2605.7(e), the Department may consider the following:

(a) Whether the proposed project promotes the public health, safety, or welfare; and

(b) The ecological functions of, and economic value associated with, the wetland, stream, or other water to be impacted, including the benefits and economic value provided to the general public by the wetland or stream, and the ability of the wetland or stream to continue to provide those identified functions and benefits to the general public.

2605.11 A permittee shall not change the use of a project determined to be water- dependent to a non-water-dependent use unless the permittee files a new application and receives authorization for the modified use.

History

SOURCE: Final Rulemaking published at 68 DCR 5254 (May 14, 2021). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 2605

21 DCMR § 2606 AVOIDANCE AND MINIMIZATION ANALYSES

2606.1 The Department may issue a permit or certification for an activity only if the Department finds that the applicant has demonstrated that the regulated activity will avoid, or if avoidance is not feasible, will minimize, impacts to wetlands and streams.

2606.2 When evaluating the extent to which a proposed project will avoid or minimize direct and indirect impacts to wetlands and streams, the Department may consider relevant factors including the following:

(a) Reduction in acreage of wetlands and streams impacted by a regulated activity;

(b) Harm to a federally threatened or endangered species or species of greatest conservation need, or to the critical habitat of these species;

(d) Ability of the wetlands or streams to continue to support and provide habitat for those species of wildlife using the area, if the proposed regulated activity were authorized;

(e) Hydrologic regime of the areas upstream and downstream of the area of impact, including headwaters;

(f) Functions of the impacted and adjacent wetlands and streams within the watershed, and an analysis of potential impacts of the applicant’s action on adjacent wetlands, streams, and other waters within the watershed;

(g) Passage of normal and expected high flows, the relocation of District waters, and stream diversion;

(h) Subsurface water and groundwater flow into or out of any wetland area;

(i) Presence of fish or aquatic wildlife spawning areas, including submerged aquatic vegetation beds;

(j) Presence of adjacent areas of habitat having significant plant or wildlife function or value;

(k) Cumulative impact to wetlands, streams, and other District waters;

The cost of fulfilling potential mitigation requirements based on the proposed project configuration or design versus an alternative project configuration or design;

The basic project purpose of the proposed project and how the basic project purpose relates to placement, configuration, and density of the wetland;

(n) The location of any existing structural and natural features that may dictate the placement or configuration of the proposed project;

(o) The applicant’s efforts to:

(1) Modify the size, scope, configuration, or density of the project to avoid and minimize impacts to wetlands and streams;

(2) Remove or address site constraints, including zoning, infrastructure, access, and natural features, and otherwise avoid or minimize impacts; and

(3) Confine unavoidable impacts to the fringe or periphery of the wetlands and streams.

2606.3 If the Department determines that an applicant has not complied with the requirement to avoid and minimize impacts to wetlands, streams, and other District waters, the Department will provide to the applicant, in writing, its objections to the project.

2606.4 Within six (6) months of receipt of the Department’s objections, the applicant shall submit an amended project proposal addressing the Department’s objections, withdraw the application, or request an extension of time to resubmit an amended project proposal addressing the Department’s objections, unless the Department allows a longer period of time.

2606.5 If the applicant fails to respond to the Department’s objection in accordance with § 2606.4, the statement of objections shall constitute a denial.

History

SOURCE: Final Rulemaking published at 68 DCR 5254 (May 14, 2021). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 2606

21 DCMR § 2607 MITIGATION

2607.1 The objective of mitigation is to offset functional, temporal, and permanent environmental losses resulting from unavoidable impacts to wetlands and streams authorized by wetland and stream permits and water quality certifications.

2607.2 An applicant must propose and provide justification for an appropriate mitigation project to offset unavoidable impacts to wetlands or streams and obtain the Department’s approval of a mitigation plan in accordance with § 2608.

2607.3 Mitigation for wetland and stream impacts is not required for the following regulated activities:

(a) Activities exempted in § 2601; and

(b) Activities which result in temporary impacts to wetlands or streams.

2607.4 A mitigation project:

(a) Shall comply with the District’s surface water quality standards;

(b) As a source of its hydrology, may only receive stormwater runoff from stormwater management practices required pursuant to chapter 5 of this title or by a permit issued pursuant to CWA § 402 (33 U.S.C. § 1342), provided that the stormwater runoff meets District’s surface water quality standards before entering the wetlands or streams; and

(c) Shall not be constructed to serve as a stormwater management best management practice for the purpose of compliance with 21 DCMR Chapter 5.

2607.5 An applicant shall complete mitigation, to the maximum extent practicable, in advance of, or concurrent with, the approved regulated activity.

2607.6 The mitigation mechanism shall be either permittee-responsible mitigation or, if authorized in accordance with § 2607.18, payment into the District of Columbia’s Wetland and Stream Mitigation Trust Fund.

2607.7 An applicant may perform permittee-responsible mitigation using creation, restoration, enhancement, or preservation of wetlands or streams, or a combination any of those methods.

2607.8 Mitigation projects may be located on multiple parcels of land.

2607.9 Mitigation projects shall be located:

(a) In the District;

(b) Where they are most likely to successfully replace functions lost as a result of the project, taking into account habitat diversity, habitat connectivity, hydrology, trends in land use, and compatibility with adjacent land uses; and

(1) On-site where the wetland or stream impact(s) will occur;

(2) In the drainage basin where the wetland or stream impact(s) will occur;

(3) In the sub-watershed where the wetland or stream impact(s) will occur;

(4) In the watershed where the wetland or stream impact(s) will occur; or

(5) Outside the watershed where the wetland or stream impact(s) will occur.

2607.10 Except as provided in § 2607.18 the permittee shall install and maintain the mitigation project.

2607.11 In selecting sites for mitigation within geographic regions, an applicant shall avoid, whenever possible, the following types of sites:

(a) Forested lands;

(b) Lands known to have soil and groundwater contamination;

(c) Lands that have or will have limited access for wildlife or aquatic life because of traffic or other human activities;

(d) Lands that are existing or potential habitat for any species that are:

(1) Listed as endangered or threatened by the Department or the U.S. Fish and Wildlife Service; or

(2) Considered to be locally unusual, rare, or identified as a species of greatest conservation need in the District Wildlife Action Plan, accessible on the Department’s website; and

(e) A site designed or constructed to remove or treat pollutants from stormwater runoff.

2607.12 The applicant shall calculate mitigation requirements as follows:

The minimum mitigation ratio, between the area of wetland or stream mitigation and the area of wetlands or streams impacted, shall be 1:1; and

The mitigation shall:

Where appropriate functional or condition assessment methods or other suitable metrics are available, replace all lost wetland or stream functions; or

Where functional or condition assessment methods are not available or replacement of all lost wetland or stream functions is not possible, mitigate impacts using the mitigation ratios in § 2607.14 and § 2607.15.

2607.13 A mitigation ratio shall be expressed as:

A relationship between the area of wetland mitigation and the area of wetlands impacted; or

A relationship between the area of stream mitigation and the area of streams impacted.

2607.14 The mitigation ratios for impacts to streams, when functional or condition assessment methods or other suitable metrics are not available, shall be as follows:

Type of Stream

Restoration Ratio

Preservation and Enhancement Ratio

District Wetland and Stream Mitigation Trust Fund Payment

Ephemeral

1:1

1.5:1

Intermittent

2:1

3:1

Perennial

2:1

3:1

2607.15 The mitigation ratio for impacts to wetland areas, when functional or condition assessment methods or other suitable metrics are not available, shall be as follows:

Wetland Type

Mitigation Method

Creation/Restoration

Enhancement and Preservation

District Wetland and Stream Mitigation Trust Fund Payment

Emergent

1:1

1.5:1

Scrub-shrub

2:1

3:1

Forested

2:1

3:1

Emergent Wetland of Special Concern

2:1

3:1

Scrub-shrub Wetland of Special Concern

3:1

4.5:1

Forested Wetland of Special Concern

3:1

4.5:1

2607.16 The Department may accept reduced mitigation requirements if the regulated activity provides a significant environmental benefit as determined by the Department.

2607.17 The Department shall require higher mitigation ratios for activities conducted without or prior to obtaining a permit or certification required by this chapter, as follows:

Resource Type

Restoration/ Creation Ratio

Preservation and Enhancement Ratio

District Wetland and Stream Mitigation Trust Fund Payment

Stream

3:1

4:1

Wetland

4:1

5:1

2607.18 A permittee may fulfill the mitigation requirement for damage to or destruction of habitat from dredge-and-fill or construction activity through payment into the District’s Wetland and Stream Mitigation Trust Fund if:

(a) Permittee-responsible mitigation is not practicable based on the justification and a determination of the considerations provided in accordance with §§ 2607.19 and 2607.20; or

(b) Cumulative impacts for a single project total less than or equal to two thousand five hundred (2,500) square-feet.

2607.19 If an applicant proposes payment into the District’s Wetland and Stream Mitigation Trust Fund, the applicant shall demonstrate to the satisfaction of the Department that all practicable mitigation alternatives have been analyzed and that permittee-responsible mitigation is not practicable.

2607.20 In determining whether payment into the District’s Wetland and Stream Mitigation Trust Fund is justified and permittee-responsible mitigation is not practicable, the Department will consider the following:

(a) Whether the applicant has thoroughly examined the feasibility of at least four (4) mitigation sites;

(b) Whether mitigation can reasonably be accomplished using one (1) or more other sites in the District that were not examined by the applicant;

(c) Whether the applicant has made a good-faith effort to address site constraints, such as inadequate zoning, infrastructure, or parcel size, that caused an alternative to the proposed mitigation site alternatives to be rejected;

(d) Correspondence or other written documentation between an applicant and alternative site landowner(s) that demonstrates the site(s) is unsuitable or unavailable for purchase during the site selection process; and

(e) Whether the applicant has provided scientific evidence to determine a site is not suitable for mitigation.

History

SOURCE: Final Rulemaking published at 68 DCR 5254 (May 14, 2021). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 2607

21 DCMR § 2608 MITIGATION PLAN

2608.1 If a proposed project results in unavoidable impacts to wetlands or streams after first trying to avoid and then attempting to minimize such impacts, the applicant shall develop and implement a mitigation plan.

2608.2 The applicant shall submit the mitigation plan as part of the permit or certification application process. The mitigation plan shall include the following information:

(a) Names, addresses, and telephone numbers of the principals associated with project implementation;

(b) A proposal, if applicable, to use the District’s Wetland and Stream Mitigation Trust Fund, consistent with §§ 2607.19 and 2607.20, to fulfill mitigation requirements;

(c) A description of mitigation projects proposed to fulfill the mitigation requirement, including the proposed source of hydrology and project location maps showing the geographic relationship between the area of potential impacts and the proposed mitigation sites;

(d) A description of the mitigation project objectives, including the wetland or stream type(s) and amount(s) of restoration, creation, enhancement and preservation that will be provided, and the manner in which the ecosystem functions of the mitigation project will address the needs of the watershed;

(e) A description of the factors considered during the site selection process, including consideration of watershed needs, on-site alternatives where applicable, and the practicability of accomplishing ecologically self-sustaining wetland creation, and/or stream or wetland restoration, enhancement, or preservation at the mitigation project site;

(f) A description of the legal arrangements, including site ownership, and site protection legal instruments, such as environmental covenants, that will be used to ensure the long-term protection of the mitigation project site;

(g) A description of baseline information on the ecological characteristics of the proposed mitigation project site. Baseline information may include the following:

(1) Descriptions of historic and existing plant communities;

(2) Historic and existing hydrology and soil conditions;

Map showing the locations of the impact and mitigation site(s) or the geographic coordinates for those site(s);

Other site characteristics appropriate to the type of resource being proposed as compensation;

A map of the existing conditions at the mitigation site(s) that includes streams and wetlands with each type labeled, floodplain extent, ordinary high water elevation, normal water elevation, location of culverts, location of outfalls, location of tributaries, topographic features, thalweg, boundaries of areas dominated by invasive plant species, proposed protective buffers, and the proposed boundary of preservation; and

(6) A report on the delineation of wetlands and streams on the proposed mitigation project site(s).

(h) A determination of mitigation ratios based on the type and functions of the wetland or stream. For permittee-responsible mitigation, this should include an explanation of how the mitigation project will provide the required mitigation for unavoidable impacts to wetlands and streams resulting from the regulated activity;

(i) A mitigation work plan with detailed written specifications and work description for the mitigation project, including the following:

(1) Geographical boundaries and plan view scaled drawings that include the following:

(i) A vicinity map showing the mitigation project location, existing land use, and zoning;

(ii) The location, type, and area of proposed wetland or stream mitigation activities;

(iii) The proposed location of stockpile areas or staging areas;

(iv) The location of sediment and erosion control practices and disturbance areas;

(v) For stream restoration, the location of proposed ordinary high water elevation, normal water elevation, topographic features, thalweg, sinuosity measurements, and habitat enhancement features;

(vi) Detailed grading plans;

(vii) The limits of cut and fill areas;

(viii) The extent and acreage of existing vegetation and proposed vegetation planting zones;

(ix) The targeted canopy cover;

(x) The location of riparian buffer areas and plant species to be included in the buffer area;

(xi) The proposed location of stockpile areas or staging areas;

(xii) The locations of all areas used to stage machinery, equipment, or supplies;

(xiii) The proposed sources of borrow materials;

(xiv) Total rock fill to be used for habitat/stabilization measures;

(xv) Flow rate, hydrologic flow regime, and storm event flow characteristics;

(xvi) The proposed location, spacing, and type of propagules for each plant species; and

(xvii) The location of photo stations, monitoring wells, vegetation sampling points, and reference wetlands or streams (if available).

(2) Cross-section drawings of mitigation and buffer areas showing existing and proposed final site conditions including grade, elevation, slope, and expected maximum and normal water depths, and natural channel design measurements;

(3) A longitudinal profile of existing and proposed land surface;

(4) A description of how creation, restoration, enhancement, or, if applicable, preservation will replace lost functions;

(5) A description of creation, restoration, or enhancement techniques and site grading;

(6) A construction schedule that includes estimated start, completion dates, and planting timeline;

(7) A hydrologic analysis that includes:

(i) The proposed location of groundwater monitoring wells to collect groundwater data;

(ii) Estimated elevation and quality of surface water and groundwater as measured from the soil surface at a frequency and duration approved by the Department as part of its approval of the mitigation plan;

(iii) Sources of hydrology, such as groundwater, precipitation, and surface water, over various seasons of the year;

(iv) Reliability of the hydrologic sources throughout the various seasons of the year;

(v) Relevant precipitation data; and

(vi) Water budget analysis for a proposed wetland based on expected monthly inputs and outputs that will project water level elevations for a typical year, a dry year, and a wet year;

(8) A description of substrate conditions for:

(i) Existing soil and substrate conditions; and

(ii) Soil and substrate amendments needed to meet hydric soil characteristics and maintain the specified aquatic or plant species;

(9) Native vegetation or plants to be planted with the following information:

(i) The scientific and common names of plant species;

(ii) Planting dates for each species according to propagation method; and

(iii) Planting stock fertilizer or soil amendment requirements for the entire five (5) year to ten (10) year monitoring period;

(j) An invasive plant monitoring plan establishing responsibility for the removal of invasive plants until permanent establishment of the wetland or stream system and its component parts;

(k) A maintenance plan, including a description and schedule of maintenance requirements to ensure the continued viability of the mitigation site once monitoring is completed;

(l) Performance standards to measure the effectiveness of the mitigation plan at achieving mitigation goals and offsetting the authorized impacts to wetlands, which shall:

(1) Be ecologically-based, objective, quantitative, verifiable, and relate to the specific goals of the mitigation plan;

(2) Include measures to ensure achievement of plant survival criteria in § 2610.6; and

(3) Describe criteria for measuring interim progress and determining whether the mitigation site is developing as expected.

(m) Monitoring requirements describing parameters to be monitored in order to determine if the mitigation project is meeting performance standards and, if adaptive management is needed, a methodology for monitoring each parameter and a schedule for monitoring and reporting monitoring results to the Department;

(n) A long-term management plan to ensure the long-term sustainability of the resource that describes how the mitigation project will be managed after performance standards have been achieved, including long-term financing mechanisms and responsibility for long-term management;

(o) An adaptive management plan to address failure to achieve or maintain performance standards, including identification of the party or parties responsible for implementing adaptive management measures;

(p) A description of financial assurances that will be provided in accordance with § 2609 and how these assurances are sufficient to ensure that the mitigation project will be successfully completed in accordance with its performance standards; and

(q) Other information the Department may require as necessary to determine the appropriateness, feasibility, and practicability of the mitigation project.

2608.3 Proposed mitigation projects will be evaluated by the Department to assess:

The likelihood for ecological success, functional uplift, and sustainability; and

The location of the mitigation project site relative to the impact site and the function of both the mitigation project site and impact site in the watershed.

2608.4 In determining whether proposed mitigation adequately replaces wetland or stream functions and area, the Department will consider the following:

(a) Scope and extent of the mitigation;

(b) Proximity of the mitigation to the wetland or stream;

(d) Temporal losses of wetland or stream functions and ecological, recreational, and aesthetic values;

(e) Adverse impact of the mitigation on natural resources; and

(f) Relationship of the mitigation to ongoing natural resource management activities.

2608.5 The Department may not approve a mitigation plan that includes invasive plants.

2608.6 The Department may not approve a mitigation plan that includes a stormwater management practice required pursuant to chapter 5 of this title or a permit issued pursuant to CWA § 402 (33 U.S.C. § 1342) as part of the mitigation project.

2608.7 The Department may approve or disapprove the mitigation plan as part of the permit application decision.

2608.8 If the Department disapproves the mitigation plan, the Department will provide guidance to the applicant on the changes necessary for approval of the mitigation plan.

2608.9 An applicant shall provide the Department or its designee access to the mitigation site to inspect during business hours.

History

SOURCE: Final Rulemaking published at 68 DCR 5254 (May 14, 2021). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 2608

21 DCMR § 2609 BONDING AND SECURITY REQUIREMENTS

2609.1 The bonding requirements of this section do not apply to agencies of the District or federal government.

2609.2 Except as provided in § 2609.4, the applicant shall file with the Department a surety bond in a form approved by the Department before a request for a permit or certification will be approved.

2609.3 The bond shall be payable to the Department and will remain in effect until the permittee’s successful completion of the mitigation project according to an approved mitigation plan.

2609.4 Instead of a surety bond, the Department may accept one of the following alternate forms of security:

(a) An irrevocable letter of credit in an amount equivalent to the required bond, issued by a bank or financial institution organized or authorized to do business in the District, that expressly states that the total sum is guaranteed to be available and payable directly to the Department on demand in the event of forfeiture by the applicant; or

(b) The fulfillment of mitigation requirements before initiation of the permitted activity, if that permitted activity will results in impacts to wetlands or streams.

2609.5 If the applicant supplies an alternate form of security pursuant to § 2609.4, the applicant shall submit documentation of that form of security to the Department.

2609.6 A bond or letter of credit shall not expire until construction of the mitigation project and the monitoring and maintenance requirements have been successfully completed pursuant to the approved mitigation plan.

2609.7 The amount of the bond shall be the cost to acquire the land and provide mitigation, which shall be determined by the Department based on the prevailing market values of land in the District.

2609.8 An applicant may request reduction of the bond amount by submitting a written request to the Department with a justification for reducing the bond amount, including estimated or actual costs to complete the mitigation project, and any other relevant information.

2609.9 The Department will determine whether a lesser amount is sufficient to cover the cost of mitigation by considering the following:

(a) The number of acres or linear feet to be mitigated;

(b) The current cost of land in the area of the mitigation site;

(d) The type and value of the wetland to be created or type and functions of the stream to be created or restored; and

(e) Any other relevant factors, including the likelihood of success of the project.

2609.10 The permittee’s liability under a bond shall continue until the Department receives and approves an as-built plan for the mitigation project and the surety or financial institution receives written notice from the Department that construction of the mitigation project was successfully completed.

2609.11 A surety bond or alternate form of security shall not be canceled by the surety, bank, or other issuing entity unless the issuing entity notifies the Department and the permittee of its intent to cancel the bond or other alternate form of security, in writing, by registered mail, not less than ninety (90) calendar days before cancellation.

2609.12 At least forty-five (45) calendar days before the cancellation date indicated in a notice given pursuant to § 2609.11, the permittee shall file with the Department a commitment from a surety, bank, or other issuing entity to provide a substitute bond or other alternate form of security that will be effective on the cancellation date indicated in the notice.

2609.13 The bond or alternate form of security shall be subject to forfeiture upon:

(a) Revocation of a wetland and stream permit by the Department;

(b) Failure of the permittee to comply with an administrative order; or

2609.14 The Department shall notify the permittee and the surety, bank, or other issuing entity of the Department’s intention to initiate forfeiture proceedings in writing by certified mail.

2609.15 The permittee shall have thirty (30) calendar days from receipt of the notice of forfeiture to correct any deficiencies in compliance with the mitigation plan or otherwise show cause why the bond or other instrument should not be forfeited.

2609.16 If the permittee fails to correct any deficiencies or show cause as required in § 2609.15, the bond or other security shall be forfeited.

2609.17 The Department shall prohibit a permittee from conducting a regulated activity in a wetland or stream if the permittee previously forfeited any bond or alternate form of security under this chapter, unless:

(a) The permittee repays the Department the cost incurred by the Department in completing the mitigation project that is in excess of the forfeited bond or alternate form of security plus interest of one-and-one-half percent (1.5%) per month; or

(b) If the mitigation project is still not completed, the permittee completes the mitigation project at its expense according to the approved mitigation plan and any approved modifications.

2609.18 The Department may require the permittee to provide documentation of a long-term protection mechanism on the land where mitigation has occurred, in accordance with § 2610.14, before the permittee may release a bond or alternate form of security.

History

SOURCE: Final Rulemaking published at 68 DCR 5254 (May 14, 2021). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 2609

21 DCMR § 2610 IMPLEMENTATION OF APPROVED MITIGATION PLAN, MAINTENANCE, AND MONITORING REQUIREMENTS

2610.1 A permittee shall implement the approved mitigation plan within the time period required by the Department and specified in the mitigation plan.

2610.2 A permittee shall maintain and monitor all created, restored, and enhanced emergent wetlands, scrub-shrub wetlands, or streams for at least five (5) years.

2610.3 A permittee shall maintain and monitor created, restored, and enhanced forested wetlands for at least ten (10) years.

2610.4 The Department may require a longer monitoring period for wetlands or streams with slow development rates, such as bogs.

2610.5 Monitoring events must occur during the growing season and during a period with normal precipitation and groundwater levels.

2610.6 A permittee shall ensure that after five (5) years, greater than eighty-five percent (85%) of the site is vegetated by native species.

2610.7 In the case of a permittee who has proposed the use of natural re-vegetation as part of the creation, restoration, or enhancement project, after five (5) years, greater than eighty-five percent (85%) of the site shall be vegetated by native species similar to those found in the wetland lost or by a species composition agreed to by the Department.

2610.8 A permittee shall submit annual maintenance and monitoring reports for a minimum of five (5) years from the completion of the construction of the mitigation project to the Department, unless the permittee has received written notice from the Department that the maintenance and monitoring requirements have been fulfilled in less than five (5) years.

2610.9 The annual maintenance and monitoring reports shall include the following information:

(a) A description of how the mitigation project meets performance standards;

(b) Any change in status or performance from the previous year;

(d) The commercial source of planting stock whenever replanting is required;

(e) A description of any modifications that have been made or need to be made to implement the mitigation plan or plan component so as to meet the performance standards; and

(f) An as-built site design plan following completion of the mitigation project for year one (1) and year five (5).

2610.10 Upon presentation of appropriate credentials to the permittee or property owner, the Department may, consistent with section 205 of the Fisheries and Wildlife Omnibus Amendment Act of 2016, effective May 19, 2017 (D.C. Law 21-282; D.C. Official Code § 8-1731.05), enter the mitigation site at reasonable times during construction, the required monitoring period, and afterwards to inspect the mitigation project and assess the long-term viability of the mitigation site.

2610.11 The permittee’s maintenance and monitoring requirements shall be deemed to be fulfilled upon receipt of written approval notice from the Department.

2610.12 If the mitigation project fails to comply with survival criteria, the Department may, through written notification to the permittee, extend the required monitoring period for up to an additional three (3) years.

2610.13 If the created or restored wetland or stream does not meet the performance standards by the final monitoring year period, including any extensions, the permittee shall submit a new mitigation plan to the Department in accordance with §§ 2607 through 2610 and, upon Department approval, implement the new mitigation plan.

2610.14 The permittee shall ensure the long-term protection of the wetlands, streams, riparian buffers, and uplands that comprise the overall mitigation project through one of the following protection mechanisms:

(a) A conservation easement;

(b) Conveyance of the wetlands, streams, riparian buffers, and uplands that comprise the overall mitigation project to an organization or public agency capable of protecting the area in perpetuity;

(d) Another mechanism approved by the Department.

2610.15 For mitigation projects located on government property, long-term protection may be provided through facility management plans or integrated natural resources management plans.

2610.16 Any long-term protection mechanism shall include the following:

(a) Language granting the Department, including any successor agency, and its designee, access to the mitigation site for inspections;

(b) An absolute prohibition on the draining, dredging, removal, or filling of the created wetland site;

(c) Language that the restriction is binding on the grantor’s personal representatives, heirs, successors, and assigns and runs with the land; and

(d) A provision requiring notification to the Department sixty (60) calendar days before any action is taken to void or modify the long-term protection mechanism.

2610.17 The long-term protection mechanism must, to the extent appropriate and practicable, prohibit incompatible uses that might otherwise jeopardize the objectives of the mitigation project.

2610.18 A permittee shall design mitigation projects, to the maximum extent practicable, to be self-sustaining once performance standards have been achieved, using appropriate siting to ensure that natural hydrology and landscape context will support long-term sustainability, and minimizing the use of active engineering features, such as pumps.

2610.19 If active long-term management and maintenance, such as invasive plant species control, maintenance of water control structures, or easement enforcement, are necessary to ensure long-term sustainability of the mitigation project, the permittee must provide for such management and maintenance, including providing any necessary long-term financing mechanisms.

History

SOURCE: Final Rulemaking published at 68 DCR 5254 (May 14, 2021). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 2610

21 DCMR § 2611 DISTRICT WETLAND AND STREAM MITIGATION TRUST FUND PAYMENT

2611.1 The Department may accept payment into the District Wetland and Stream Mitigation Trust Fund instead of permittee-responsible mitigation when such payment authorized in accordance with §§ 2607.18 and 2607.19.

2611.2 Payment into the District Wetland and Stream Mitigation Trust Fund shall not be a substitute for the requirement to avoid or minimize wetland or stream impacts.

2611.3 An applicant proposing to make a payment into the District Wetland and Stream Mitigation Trust Fund shall so state in the permit application.

2611.4 In order to obtain approval of a proposed payment into the District Wetland and Stream Mitigation Trust Fund for a project, an applicant shall demonstrate the technical infeasibility of permittee-responsible mitigation specified in §§ 2607.18 and 2607.19 by providing the following information:

(a) An evaluation of a minimum of four (4) potential mitigation sites;

(b) A map and description of each site rejected;

(d) Other information as required by the Department.

2611.5 The Department may reject a proposal for payment into the District Wetland and Stream Mitigation Trust Fund if the Department determines that mitigation requirements can be fulfilled on-site or permittee-responsible mitigation is technically feasible or practicable.

2611.6 The Department may approve or disapprove a proposal for payment into the District Wetland and Stream Mitigation Trust Fund as part of a final permit.

2611.7 The payment schedule for the District Wetland and Stream Mitigation Trust Fund is included below. The applicant must calculate the cost for each mitigation component listed. The sum of the costs equals the total amount of payment due.

Mitigation Component

Cost

Land Acquisition

Land market value

Wetland or Stream Design

$25,000 per acre

Wetland or Stream Construction and Planting

$200,000 per acre

Wetland or Stream Maintenance and Monitoring for Five Years

$15,000 per year

Administrative Cost for Five Years

$8,000 per year

2611.8 Land market value costs must be included for either the project site or a similar site that would be suitable for a mitigation project.

(a) Land market value costs shall be calculated using a unit price per square

foot based on the area of mitigation required and the District Office of Tax and Revenue property tax assessment value of the project site or a suitable mitigation site.

(b) An applicant proposing a suitable mitigation site other than the project site

must demonstrate that the proposed site:

Is possible for the District to acquire;

Does not include federal land; and

Contains conditions favorable for wetland creation or stream restoration. Examples of sites that contain conditions favorable for wetland creation or stream restoration include undeveloped land within a floodplain or sites that have existing degraded wetlands or streams that could be realistically restored.

2611.9 The Department shall adjust the fees in this section for inflation annually, using the Urban Consumer Price Index published by the United States Bureau of Labor Statistics. To perform this adjustment, the Department shall increase each fee by the percentage, if any, by which the Urban Consumer Price Index for June of the calendar year exceeds the Urban Consumer Price Index for June of the previous year. Each inflation adjustment shall be posted to the Department’s website.

2611.10 The applicant shall use the mitigation ratios in §§ 2607.14 and 2607.15 to calculate the total mitigation fees based on the ratio of impacted stream or wetland area.

History

SOURCE: Final Rulemaking published at 68 DCR 5254 (May 14, 2021). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 2611

21 DCMR § 2612 PUBLIC NOTICE AND REVIEW OF WETLAND AND STREAM PERMIT APPLICATIONS

2612.1 Before issuing a wetland and stream permit or certification, the Department shall provide notice of the intent to issue the permit and the opportunity for a public hearing and may provide notice of an opportunity for the public to review the proposed project and submit written comments about the application.

2612.2 The public notice shall be given by:

(a) Joint notice with other federal or District agencies in the Federal Register or D.C. Register;

(b) Publication for at least one (1) business day in a daily newspaper of general circulation in the District; or

2612.3 The Department may also provide for a comment period, of a duration determined by the Department, if and to the extent that the Department determines that a comment period would be in the public interest. After that comment period has ended and the Department has held a public hearing, if requested, the Department shall:

(a) Consider and review the written comments, testimony, and other information received; and

(b) Grant, deny, or condition a permit.

2612.4 The Department may delay a decision to grant, deny, or condition a permit for the following circumstances:

(a) Review required by federal agencies;

(b) Review required by other District agencies; or

2612.5 The Department may request additional information from the applicant or give the applicant an opportunity to provide additional information to address concerns raised during the public comment period or public hearing.

2612.6 The applicant may request, in writing, that the Department withhold its decision until additional information can be provided.

2612.7 If the applicant fails to provide additional information requested by the Department within six (6) months, the Department may consider the application as withdrawn.

History

SOURCE: Final Rulemaking published at 68 DCR 5254 (May 14, 2021). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 2612

21 DCMR § 2613 PERMIT AND CERTIFICATION DECISION AND APPEAL

2613.1 The Department will notify an applicant in writing of the Department’s permit decision.

2613.2 The Department may issue a permit or certification only after an applicant has provided the Department a final site plan showing intended impacts and the information required by this chapter in accordance with §§ 2602, 2604, 2605, 2606, 2607, 2608, and 2609.

2613.3 The Department may deny a certification if an applicant fails to provide the information required by this chapter in accordance with §§ 2602, 2604, 2605, 2606, 2607, 2608, and 2609 within the reasonable period of time established by the U.S. Army Corps of Engineers in accordance with 40 C.F.R. § 121.6.

2613.4 An applicant shall not begin work authorized under a permit or certification until the Department has issued a permit.

2613.5 A permittee shall conduct all regulated activities in accordance with the permit or certification, including the approved final site plan and mitigation plan.

2613.6 A permit or certification issued by the Department is valid for five (5) years, unless the permit is modified, reissued, or revoked.

2613.7 The Department may issue a permit or certification after-the-fact for regulated activities conducted without a permit or certification if the work meets the requirements of this chapter and the applicant submits a mitigation plan meeting the mitigation ratios in §§ 2607.14 and 2607.15.

2613.8 The permit or certification shall specify the time period for which it is valid.

History

SOURCE: Final Rulemaking published at 68 DCR 5254 (May 14, 2021). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 2613

21 DCMR § 2614 WETLAND AND STREAM Permit Modification

2614.1 The Department may require a permittee to make modifications to an approved site plan or mitigation plan during construction to ensure compliance with this chapter.

2614.2 The Department may require a change to a site plan, mitigation plan, or component of a site plan or mitigation plan if the Department determines that a discrepancy between site conditions and the approved plan makes the plan inadequate to comply with the requirements of this chapter.

2614.3 A permittee may request that the Department make modifications to a permit or an approved site plan, mitigation plan, or component of a site plan or mitigation plan during construction to ensure compliance with this chapter.

2614.4 A permittee may not change an approved plan or its implementation without Department approval as follows:

(a) If a change is substantial, the permittee shall resubmit the revised plan to the Department for approval in accordance with this chapter; and

(b) If a change is not substantial, the permittee may secure written approval from the Department by mail, email, or modification of approved plans signed by a Department employee without submission of a revised application.

2614.5 For the purposes of this chapter, a substantial change in an approved plan is a change in design, specification, construction, operation, or maintenance that the Department determines:

(a) May result in a failure to comply with a requirement of this chapter; or

(b) Has an impact on District waters.

2614.6 A permittee shall make a request for modifications in writing, and the request shall contain the following information:

(a) The name of the permittee;

(b) The location of the wetland or stream impacts or mitigation project;

(d) A justification for the modification

2614.7 For a substantial modification, a permittee shall submit a revised plan through the submittal database, and pay appropriate fees in set forth in § 2604.

2614.8 The Department will notify a permittee in writing whether the Department approves the permit or plan modification decision.

History

SOURCE: Final Rulemaking published at 68 DCR 5254 (May 14, 2021). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 2614

21 DCMR § 2615 Suspension and Revocation of Permit

2615.1 The Department may suspend or revoke a permit or certification if the Department determines that any of the following has occurred:

(a) The permittee has failed to post a required bond or alternate form of security;

(b) The permittee has failed to comply with the requirements of a compliance or administrative order;

(d) The permittee has failed to disclose a relevant or material fact;

(e) The permittee has violated a requirement of the permit;

(f) The permittee has substantially deviated from the plans, specifications, or requirements of the permit;

(g) The permittee has prevented a representative of the Department from entering the regulated activity or mitigation site to make reasonable inspections;

(h) New information or changes in site conditions necessitate revocation or suspension; or

Other good cause to suspend or revoke the permit exists.

2615.2 Except as provided for emergency actions, the Department may suspend or revoke a wetland and stream permit or certification only if the Department first gives the permittee written notice of the facts that warrant suspension or revocation and provides the permittee an opportunity to request a hearing in accordance with § 2505.

2615.3 The Department may order the immediate suspension or revocation of a permit or certification if the Department finds that the public health, safety, or welfare requires the emergency action and promptly gives the permittee written notice of the emergency action.

2615.4 A notice of emergency action shall include a statement of the specific facts upon which the emergency action is based and provide information regarding the permittee's opportunity to request a hearing in accordance with § 2505.

2615.5 If the Department revokes a permit, the permittee shall restore the wetland or stream to its condition before the regulated activity began.

History

SOURCE: Final Rulemaking published at 68 DCR 5254 (May 14, 2021). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 2615

21 DCMR § 2616 WETLANDS OF SPECIAL CONCERN

2616.1 Wetlands designated as wetlands of special concern have exceptional ecological value and safeguard the natural diversity of the District’s wetlands.

2616.2 The Department may designate any of the following as wetlands of special concern:

Wetlands providing habitat or ecologically important buffers for the habitat of plant or animal species listed as federally threatened, endangered, or rare by the U.S. Fish and Wildlife Service;

Wetlands providing habitat or ecologically important buffers for the habitat of plant or animal species listed as District species of greatest conservation need;

Wetlands containing any of the following: vernal pools, headwater wetlands, groundwater seeps, or springs;

Tidal wetlands; and

Wetlands identified as Conservation Opportunity Areas in the District’s Wildlife Action Plan.

2616.3 Maps of areas designated as wetlands of special concern will be available for public review on the Department’s website. Wetlands of special concern include the following:

Potomac River Floodplain wetlands;

Oxon Run wetlands;

Northern Rock Creek wetlands KA, KB, KG, JZ, JY, JX, KF, KI, and KH (as listed in the District’s 2016 Wetland Conservation Plan);

Anacostia River Gateway wetlands;

Anacostia River tidal wetlands;

Kenilworth wetlands;

Kingman Island wetlands;

Heritage Island wetlands;

Poplar Point wetlands;

Piney Branch wetlands LP and LQ (as listed in the District’s 2016 Wetland Conservation Plan); and

Theodore Roosevelt Island wetlands.

2616.4 The Department may annually update the map and list of areas designated as wetlands of special concern in § 2616.3.

2616.5 Mitigation for impacts to wetlands of special concern shall replace lost aquatic resource function.

History

SOURCE: Final Rulemaking published at 68 DCR 5254 (May 14, 2021). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 2616

21 DCMR § 2699 DEFINITIONS

2699.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Adaptive Management – a management strategy that anticipates likely challenges associated with mitigation projects and provides for the implementation of actions to address those challenges, as well as unforeseen changes to those projects. It requires consideration of the risk, uncertainty, and dynamic nature of mitigation projects and guides modification of those projects to optimize performance. It includes the selection of appropriate measures that will ensure that the aquatic resource functions are provided and involves analysis of monitoring results to identify potential problems of a mitigation project and the identification and implementation of measures to rectify those problems.

Applicant –- the legal property owner, an officer or an authorized agent of a corporation that is the legal owner or agent of the legal owner of the property, a legally authorized official of the federal or District of Columbia government, or an authorized partner of an association or partnership.

Aquatic resource – riparian ecosystems, surface waters, and groundwater systems.

Aquatic vegetation – vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

Basic project purpose – the primary need that will be fulfilled by the proposed regulated activity that is used to determine whether a project is water-dependent. For example, the purpose of a residential development is to provide housing for people.

Certification or water quality certification – certification by the District pursuant to section 401 of the Clean Water Act (33 U.S.C. § 1341) that a federal Clean Water Act Section 404 (33 U.S.C. § 1344) permit or letter of approval issued by the U.S. Army Corps of Engineers complies with the District’s laws and regulations.

Clean Water Act – the Federal Water Pollution Control Act of 1972, as amended by the Clean Water Act (CWA) of 1977 and later amendments (33 U.S.C. §§ 1251 et seq.).

Corps of Engineers Wetland Delineation Manual – a publication of the U.S. Army Corps of Engineers Waterways Experiment Station titled "Corps of Engineers Wetlands Delineation Manual,” (Wetlands Research Program Technical Report Y-87-1, January 1987) and the most recently approved U.S. Army Corps of Engineers guidance ( https://www.nab.usace.army.mil/Missions/Regulatory/Jurisdictional-Determinations/).

Created wetland – a wetland created on a site that previously was not a wetland to replace wetlands that were unavoidably impacted during design and construction of a project.

Creation – the manipulation of the physical, chemical, or biological characteristics of a site to develop a wetland that did not previously exist on an upland or deepwater site, resulting in an increase in wetland area.

Cowardin Classification – unless otherwise specified in this chapter, means the waters classification system in Classification of Wetlands and Deepwater Habitats of the United States (Cowardin, Lewis M. II, et al., U.S. Fish and Wildlife Service, December 1979, Reprinted 1982), located here: https://www.fws.gov/wetlands/Documents/Classification-of-Wetlands-and-Deepwater-Habitats-of-the-United-States.pdf.

Department – the Department of Energy and Environment, or its successor agency.

District – the District of Columbia.

District of Columbia Wetland Conservation Plan – the plan published by the Department to manage, protect, preserve, enhance, and extend the remaining wetlands in the District with a two-fold goal of (1) no net loss of wetland acreage and function, and (2) eventual overall net gain of wetland acreage and function. The District Wetland Conservation Plan is located here: https://doee.dc.gov/service/wetland-mapping-and-registry

District waters –

(a) Means flowing and still bodies of water, whether artificial or natural, whether underground or on land, so long as in the District;

(b) Excludes:

(1) Water on private property prevented from reaching underground or land water courses; and

(2) Water in closed collection or distribution systems.

Drainage – methods for changing the hydrologic conditions of wetlands, including lowering groundwater or surface water levels through pumping, ditching, diverting, or otherwise altering water flow patterns.

Endangered species – fish, wildlife, or plants designated under the federal Endangered Species Act, in 50 C.F.R. §§ 17.11 and 17.12.

Enhancement – the manipulation of the physical, chemical, or biological characteristics of a wetland or stream to heighten, intensify, or improve specific function(s), that does not result in a gain in wetland or stream acres.

Ephemeral stream – flowing water in stream beds present during, and for a short duration after, precipitation events in a typical year, but not including streams for which groundwater is a source of the water.

Emergent wetland – a wetland dominated by erect, rooted, herbaceous vegetation.

Fill – any material placed in an area that changes the elevation of the preexisting surface water or groundwater level, or the soil surface.

Forested wetland – a class of wetland dominated by woody vegetation that is twenty (20) feet tall or taller and three (3) inches or larger in diameter at breast height. These areas typically possess an overstory of trees, an understory of trees or shrubs, and an herbaceous layer.

Function – the role an aquatic resource serves through the physical, chemical, and biological processes that occur in the ecosystem, including:

(a) Passive recreation, uniqueness, and natural heritage value;

(b) Habitat for wildlife or fisheries;

(d) Flood desynchronization;

(e) Food chain support (nutrient export);

(f) Dissipation of erosive forces;

(g) Active recreation;

(h) Groundwater discharge or groundwater recharge;

(i) Nutrient retention or removal (long term);

(j) Sediment trapping or stabilization (long term);

(k) Reduction of pollutant loadings, including excess nutrients, sediment, and toxics;

(l) Attenuation of floodwaters and storm waters;

(m) Shoreline stabilization and erosion control; or

(n) Breeding grounds and habitat for species of plants and wildlife including fish, game, and non-game birds and mammals, including threatened, endangered, and rare species and species in need of conservation.

General area – the geographic vicinity that has desired characteristics for fulfilling the basic project purpose.

Headwaters – the source or beginning of a stream or river.

Impact – adverse effect or to adversely affect.

Indirect impact – effects caused by the activity that occur after completion of the project or outside the project area, but were still reasonably foreseeable.

Initial planning phase – the period of time during which the feasibility of a project is evaluated before committing resources necessary for its implementation.

Intermittent stream – a stream that does not have flowing surface water during dry periods of the year, but has flowing water during certain times of the year resulting from the flow of groundwater, although runoff from rainfall can serve as a supplemental source of water for stream flow.

Jurisdictional determination –- the determination made by the U.S. Army Corps of Engineers regarding its jurisdiction after determining whether:

(a) The waters are waters of the United States; or

(b) If not waters of the United States, whether the proposed type of activity may nevertheless so affect the waters of the United States that the assertion of federal regulatory jurisdiction is deemed necessary.

Maintenance –

(b) Does not include dredging, excavating, or filling, unless such action is conducted in a temporary sediment control structure, wash pond, or roadside ditch.

Minimize – to reduce impacts to wetlands, streams, and District waters to the greatest practicable and reasonable degree.

Native – indigenous to the District.

Non-tidal wetland – a wetland that is not subject to the ebb and flow of tidal waters.

On-site – on the same project site on which a District waters have been impacted by a regulated activity.

Perennial stream – a stream that has flowing water year-round during a typical year, for which groundwater is the primary source of stream flow, and runoff from rainfall may be a supplemental source of stream flow. The water table is located above the stream bed for most of the year.

Permittee – an applicant to whom a permit has been granted by the Department in accordance with this chapter.

Permittee-responsible mitigation – a mitigation activity undertaken by the permittee (or an authorized agent or contractor) to provide mitigation for which the permittee retains full responsibility for meeting the established mitigation performance standards, long-term maintenance, and long-term protection of the mitigation site.

Permanent impacts – impacts to a wetland or stream that cause a permanent alteration of the physical, chemical, or biological properties of the stream, wetland, or other aquatic resource acreage or functions.

Performance standards – observable or measurable physical (including hydrological), chemical, or biological attributes that are used to determine whether a mitigation project meets its objectives.

Plan view drawing – a scaled graph or plot that represents the view of an object as projected onto orthogonal planes.

Pond – a still body of water, whether formed naturally or created artificially, that:

(a) Lacks wave action on the shoreline;

(b) Allows light to penetrate to the bottom; and

Practicable – available and capable of being done after taking into consideration costs, existing technology, and logistics in light of the basic project purpose.

Preservation –

(a) Means the removal of a threat to, or preventing the decline of, aquatic resources by an action in or near those aquatic resources; and

(b) Includes activities commonly associated with the protection and maintenance of aquatic resources through the implementation of appropriate legal and physical mechanisms.

Project – the entire activity on one or more parcels of land, of which a regulated activity is a part, including all proposed and projected phases and sections of land subdivisions.

Profile drawing – a scaled graph of plot that represents the side view of an object.

Propagule – a structure (such as a cutting, a seed, or a spore) that propagates a plant.

Regulated activity – any activity that is undertaken or originates in a wetland or stream, including the following:

(a) Removing, excavating, dredging, or filling with soil including sediments, sand, gravel, minerals, organic matter, or materials of any kind;

(b) Changing, blocking or diverting existing drainage characteristics, sedimentation patterns, flow patterns, or flood retention characteristics;

(c) Disturbing the surface water level or groundwater elevation by drainage, impoundment, diversion, filling, or other means;

(d) Dumping or discharging or filling with materials;

(e) Grading or removing materials that would alter existing topography;

(f) Destroying or removing plant or aquatic life that would alter the character of a wetland;

(g) Introducing plant or aquatic life that would alter the character of a wetland;

(h) Diverting, obstructing, or piping water flow from its natural path;

(i) Conducting sediment or water sampling activities or studies;

(j) Driving piles, paving, and placing obstructions; and

(k) Undertaking other activities that change the physical, biological, and chemical integrity of a wetland.

Restoration – the manipulation of the physical, chemical, or biological characteristics of a degraded or former aquatic resource site with the goal of returning natural or historic functions.

Riparian Buffer – an upland area, surrounding a wetland or stream, measured one hundred (100) feet from the outer edge of the wetland boundary or stream bank that protects or enhances functions associated with wetlands, rivers, streams, lakes, and marine and estuarine systems from disturbances associated with adjacent land uses.

Scrub-shrub wetland – a class of wetlands dominated by woody vegetation three (3) feet to twenty (20) feet tall, including tree shrubs, young trees, and trees or shrubs that are small or stunted because of environmental conditions, but excluding woody vines.

Species of greatest conservation need – an animal species that is listed in the District’s Wildlife Action Plan as a species in need of conservation through targeted management actions, based on a set of criteria that are detailed in the Wildlife Action Plan. This includes animal species whose populations are imperiled, vulnerable, or declining, or have their habitat at risk.

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.

Stream – a channel or conveyance of surface water with perennial, intermittent, or ephemeral flow and having defined bed and banks, whether natural or artificial.

Stream bank – the side slopes of an active channel between which the streamflow is normally confined.

Sub-watershed – a smaller unit of a watershed that contains a set of streams that all drain into a single larger-order stream.

Temporal loss – the time between the loss of aquatic resource functions caused by the permitted impacts and the replacement of aquatic resource functions at the mitigation site.

Temporary impacts – impacts to wetlands, streams, or other aquatic resources that do not cause a permanent alteration of the physical, chemical, or biological properties of the stream, wetland, or other aquatic resources, or the permanent alteration or degradation of existing wetland, stream, or aquatic resource acreage or functions.

Thalweg – The deepest part of any cross section of a river or stream.

Top-of-bank – the break in slope between a streambank and the surrounding terrain.

Tidal wetland – a wetland that is inundated by tidal waters.

Vernal pool – a seasonal depressional wetland covered by water for variable periods of time, but that may be completely dry for most of the summer and fall.

Water-dependent – requiring access to, proximity to, or location within a wetland or stream to fulfill the basic project purpose.

Watershed –

(a) Means the land area that drains water to a particular stream, river, or lake; and

(b) May be identified by tracing a line along the highest elevations between two areas on a map, often a ridge.

Waters of the United States – waters that are defined as waters of the United States in 33 CFR § 328.3 or 40 CFR § 120.2.

Wetland –

(b) Includes a marsh, swamp, pond, or vernal pool.

Wetland and Stream Mitigation Trust Fund program – a program involving the restoration, establishment, enhancement, or preservation of aquatic resources through funds paid to a governmental entity to satisfy mitigation requirements for the Department’s permits.

Wildlife – any species of a vertebrate or invertebrate animal, excluding domestic species.

History

SOURCE: Final Rulemaking published at 68 DCR 5254 (May 14, 2021). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 2699

21-30 PAVEMENT SEALANT REGULATIONS

21 DCMR § 3000 PURPOSE

3000.1 The purpose of this chapter is to implement § 181 of the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 17-371; D.C. Official Code § 8-153.01) to prohibit the sale or use of sealant products containing more than de minimis levels of polycyclic aromatic hydrocarbons (PAH).

History

SOURCE: Final Rulemaking published at 69 DCR 002756 (April 1, 2022). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 3000

21 DCMR § 3001 LIMITATIONS ON PRODUCTS CONTAINING POLYCYCLIC AROMATIC HYDROCARBONS

3001.1 No person shall sell, offer for sale, use, or permit to be used on property the person owns, a high-PAH sealant product.

History

SOURCE: Final Rulemaking published at 69 DCR 002756 (April 1, 2022). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 3001

21 DCMR § 3002 LIST OF LOW-PAH PAVEMENT SEALANTS

3002.1 DOEE will publish a list of low-PAH pavement sealants on DOEE’s website at doee.dc.gov/coaltar. DOEE will provide a printed copy of the list of low-PAH pavement sealants upon request by email to pavementsealant@dc.gov or in person at the DOEE front office, located at 1200 First Street NE, 5th Floor, Washington DC 20002.

3002.2 Before a pavement sealant is added to the list of low-PAH pavement sealants, a sample of the pavement sealant must be analyzed for PAH concentrations using a testing protocol published at doee.dc.gov/coaltar. Standards and certifications required for laboratories are included in the protocol.

3002.3 DOEE will use reasonable efforts to test widely available pavement sealants to determine their eligibility for listing as low-PAH pavement sealants. Nothing in this section shall create an obligation for DOEE to test any particular or all available sealant products.

3002.4 A sealant manufacturer may request to have a pavement sealant added to the list of low-PAH pavement sealants at any time by submitting a request in writing to DOEE at pavementsealant@dc.gov.

3002.5 A request to have a sealant added to the list of low-PAH pavement sealants shall include evidence satisfactory to DOEE that:

The pavement sealant has been tested according to the testing protocol published by DOEE and PAH concentrations do not exceed one tenth of one percent (0.1%) or one thousand parts per million (1000 ppm) by weight; and

The pavement sealant does not contain banned materials.

3002.6 Before adding a pavement sealant to the list of low-PAH pavement sealants, DOEE may request samples of the sealant product be sent directly from the manufacturer to DOEE for analysis at a laboratory of DOEE’s choice.

3002.7 DOEE may decline to add a pavement sealant to the list of low-PAH pavement sealants if:

The request does not meet the requirements of § 3002.5;

The manufacturer does not provide samples upon request in accordance with § 3002.6; or

Testing arranged by DOEE in accordance with § 3002.6 indicates that the pavement sealant is a high-PAH sealant product.

3002.8 DOEE will review the list of low-PAH pavement sealants at least biennially, at which time DOEE may:

Re-test or arrange for the re-testing of any pavement sealant to confirm that the product is a low-PAH pavement sealant;

Request that manufacturers re-test pavement sealant samples and submit PAH concentrations; and

Remove a pavement sealant from the list if re-testing demonstrates that the product is a high-PAH pavement sealant or if DOEE is unable to obtain samples for re-testing.

History

SOURCE: Final Rulemaking published at 69 DCR 002756 (April 1, 2022). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 3002

21 DCMR § 3003 ENTRY, INSPECTION, AND SAMPLING

3003.1 The Department may, at a reasonable time, upon the presentation of appropriate credentials to, and with consent of, the owner, operator, or agent in charge:

Enter without delay a place where a sealant product is sold, offered for sale, or used;

Inspect and obtain samples of a sealant product or surface to which a sealant product has been applied; and

Inspect and copy a record, report, information, or test result relating to the requirements of this section.

3003.2 If the Department is denied access to enter, inspect and obtain samples, or inspect and copy records pursuant to § 3003.1, the District may apply to the Superior Court for the District of Columbia for a search warrant.

History

SOURCE: Final Rulemaking published at 69 DCR 002756 (April 1, 2022). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 3003

21 DCMR § 3004 ENFORCEMENT

3004.1 Any person who violates any of the requirements of this chapter or D.C. Official Code § 8-153.01 shall be subject to the penalties set forth in this section.

3004.2 Any person who violates this chapter shall be liable to the District for a civil penalty in an amount not to exceed two-thousand five hundred dollars ($2,500) for each violation.

3004.3 Each instance or day of a violation of each provision of this chapter shall be a separate violation.

3004.4 The Department may enforce a violation of this chapter by issuing one (1) or more of the following:

Notice of violation;

Enforcement notice; or

Notice of infraction.

3004.5 The Department may issue an enforcement notice or notice of infraction without first issuing a notice of violation.

3004.6 A notice of violation shall include a description of the violation and the corrective action required to remediate the violation, which may include removal of the high-PAH sealant product by:

Shot blasting;

Encapsulation; or

Other DOEE-approved method.

3004.7 A person ordered to remediate after use of a high-PAH sealant product must provide DOEE with a remediation plan by email to pavementsealant@dc.gov. The remediation plan shall include the names and contact information of any contractors hired to complete the project and must receive DOEE approval prior to commencement.

3004.8 Adjudication of a notice of infraction or enforcement notice shall be pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801 et seq.).

3004.9 The District may also initiate a civil action in the Superior Court of the District of Columbia to secure a temporary restraining order, preliminary injunction, or other relief necessary for enforcement of this chapter.

History

SOURCE: Final Rulemaking published at 69 DCR 002756 (April 1, 2022). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 3004

21 DCMR § 3005 ADMINISTRATIVE APPEALS AND JUDICIAL REVIEW

3005.1 Any person adversely affected by an action of the Department pursuant to this Chapter may timely file an administrative appeal with, and request a hearing before, the Office of Administrative Hearings (OAH), or OAH’s successor.

3005.2 The appeal to OAH shall be filed in writing within fifteen (15) calendar days after service by delivery, fax, or other means agreed to in writing by the parties, or twenty (20) calendar days after service if service is made by United States mail.

3005.3 The final OAH decision on an administrative appeal shall 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.

3005.4 Nothing in this chapter shall be interpreted to:

Provide that a filing of a petition for judicial review stays enforcement of an action; or

Prohibit a person from requesting a stay according to the rules of the court.

History

SOURCE: Final Rulemaking published at 69 DCR 002756 (April 1, 2022). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 3005

21 DCMR § 3099 DEFINITIONS

3099.1 When used in this chapter, the following terms shall have the meanings ascribed:

Banned materials –

Coal tar;

Coal tar pitch, coal tar pitch volatiles, RT-12, refined tar, or a variation of those substances assigned the chemical abstracts service ("CAS") number 65996-92-1, 65996-93-2, 65996-89-6, or 8007-45-2; and

A surface-applied product containing steam-cracked petroleum residues, steam-cracked asphalt, pyrolysis fuel oil, heavy fuel oil, ethylene tar, ethylene cracker residue, or a variation of those substances assigned the CAS number 64742-90-1 or 69013-21-4.

DOEE – the District of Columbia Department of Energy and Environment.

Encapsulation – method of permitted remediation for using a banned sealant product where the violator applies a brightly colored “indicator layer” of sealant product over a banned layer of sealant product, followed by a compliant layer of sealant product.

High-PAH sealant product – a sealant product that contains:

Coal tar;

Substances containing more than 0.1% (1000 ppm) polycyclic aromatic hydrocarbons, by weight.

Low-PAH pavement sealant– a pavement sealant product that does not exceed one tenth of one percent (0.1%) or one thousand parts per million (1000 ppm) PAHs by weight and does not contain banned materials.

Person – an individual, corporation, company, association, firm, partnership, society, joint stock company, or any other commercial entity, including any sealant manufacturer, owner or operator of a store where sealant products are sold, contractor, subcontractor, applicator, home owner, property owner, property manager, or employee of a property owner or manager.

Polycyclic aromatic hydrocarbons (PAHs) – a class of chemicals formed from the heating or burning of carbon materials, including coal, crude oil, and gasoline.

Pavement sealant - a coating labeled and formulated for application to worn asphalt driveway and parking lot surfaces to seal the surface to provide protection, also referred to as pavement product, sealant product, pavement sealant, or sealcoat, not including products used to fill cracks in the asphalt or to restore or preserve the appearance of asphalt surfaces.

Sealant product - a coating labeled and formulated for application to surfaces to seal the surface that is used on, or is intended for use on, an impermeable surface, including bricks, block, metal, roofing material, asphalt, or concrete.

Shot blasting – the use of a shot blast machine, equipped with high-efficiency particulate air (HEPA) filter, to strip sealant from an asphalt surface.

History

SOURCE: Final Rulemaking published at 69 DCR 002756 (April 1, 2022). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 3099

21-40 RETAIL RATEMAKING

21 DCMR § 4000 NOTICE OF PROPOSED RATE CHANGE AND PUBLIC HEARING

4000.1 Except as provided in §6(c) of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 5006; D.C. Code §1-1506(c)), before establishing or changing a retail rate for the provision of potable water or sewage services in the District of Columbia, the Board shall first publish notice of its intention to do so in the D.C. Register. The notice may also be published in a newspaper of general circulation in the District of Columbia.

4000.2 The notice shall state as follows:

(a) The rate under consideration by the Board;

(b) The date, time, and location of a public hearing to be held by the Board on the proposed rate, or an indication that the date, time and location will be specified in a forthcoming notice;

(d) The requirements of §4001.5 of this chapter; and

(e) Whether the Board is considering adopting the new rate at a meeting of the Board immediately following the public hearing.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is §216 of the Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996, D.C. Law 11-111, D.C. Code §43-1686 (1990 Repl. Vol.).
SOURCE: Final Rulemaking published at 44 DCR 2633 (May 2, 1997).
EDITOR'S NOTE: Chapter 50, Retail Rulemaking was renumbered Chapter 40.

21 DCMR § 4001 PUBLIC HEARING

4001.1 The public hearing, required by §216 of the Act, may conducted as an agenda item at a Board meeting, or as a separate hearing.

4001.2 The hearing shall be conducted not earlier than ten (10) days after publication of the notice specified in §4000 of this chapter.

4001.3 At least four (4) District members of the Board shall be present in order for the public hearing to occur.

4001.4 The Chairperson of the Board, or his or her designee, shall conduct the public hearing.

4001.5 Any member of the public who wants to testify at the public hearing shall submit his or her name, and the name of any organization(s), if any, which he or she represents, to the Secretary to the Board at least three (3) days before the date of the hearing, except that this requirement may be waived by a majority vote of the District members present at the hearing.

4001.6 Statements of members of the public who are testifying on their own behalf shall be limited to five (5) minutes, and statements of those who are appearing on behalf of organizations shall be limited to ten (10) minutes, except that this requirement may be waived by a majority vote of the District members present at the hearing.

4001.7 If, in the opinion of the Board member conducting the public hearing, a witness is abusive or unruly, such that his or her behavior is disrupting the conduct of the hearing, the Board member conducting the public hearing may call for a recess in accordance with §§4001.9 and 4001.10 of this section, order the witness to cease the behavior, or order the witness to leave the hearing. A person who is ordered to leave a hearing may submit written comments, pursuant to the Act and this chapter.

4001.8 In addition to, or in place of, oral testimony, members of the public may submit written testimony or comments during the period specified in the notice of proposed ratemaking. Either form of comment shall be given equal weight.

4001.9 By majority vote of the District members present at a public hearing, a recess may be called for the reasons stated in §4001.7 of this section or if the public hearing cannot be completed during the time period originally allocated to it.

4001.10 If a majority of the District members present at the public hearing agree to a date, time, and place for the continuation of the hearing after the recess, and the Board member conducting the hearing announces this decision in public at the original hearing, then no new notice of the continuation of the hearing will be published in the D.C. Register.

History

SOURCE: Final Rulemaking published at 44 DCR 2633 (May 2, 1997).

21 DCMR § 4002 ADOPTION OF RETAIL RATE

4002.1 Following the completion of the hearing and the comment period specified in the Board's notice of proposed ratemaking, a rate may be established or adjusted by a majority vote of all of the District members at a Board meeting.

4002.2 An approved retail rate shall take effect upon its publication in the D.C. Register.

History

SOURCE: Final Rulemaking published at 44 DCR 2633, 2635 (May 2, 1997).

21 DCMR § 4099 DEFINITIONS

4099.1 When used in this chapter, the following words and phrases shall have the meanings ascribed:

Act - the Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996, effective April 18, 1996 (D.C. Law 11-111; D.C. Code Title 43, Chapter 16B).

Authority - the District of Columbia Water and Sewer Authority, established by §202(a) of the Act, D.C. Code §43-1672 (1990 Repl. Vol.).

Board - the Board of Directors of the Authority, established by §204(a) of the Act, D.C. Code §43-1674.

History

SOURCE: Final Rulemaking published at 44 DCR 2633, 2635 (May 2, 1997).

21-41 RETAIL WATER AND SEWER RATES AND CHARGES

21 DCMR § 4100 RATES FOR WATER SERVICE

4100.1 The retail rate for unmetered water service for building construction shall be Eight Dollars and Fifty-Two Cents ($8.52) for each one thousand (1,000) bricks and Four Dollars and Twenty-Six Cents ($4.26) for each cubic yard of concrete, with a minimum charge of One Dollar and Forty-Two Cents ($1.42) for each separate building project.

4100.2 The retail rate for unmetered water service for domestic purposes shall be:

(a) A base charge of Thirteen Dollars and Ninety-Five Cents ($13.95) per year for all tenements two (2) stories high or less with a front width of sixteen (16) feet or less;

(b) Eighty-Eight Cents (.88 cents) per year for each additional front foot or fraction of a foot greater than one half (1/2); and

(c) One third (1/3) of the charges under subparagraphs (a) and (b) of this subsection per year for each additional story or part of a story.

4100.3 The retail rates for metered water service for each one hundred cubic feet (1 Ccf) of water use shall be as follows:

Effective October 1, 2024

Effective October 1, 2025

Customer

Per Ccf of

water use

Per 1,000 Gals. of

water use

Per Ccf of

water use

Per 1,000 Gals. of

water use

Residential - 0 to 4 Ccf

$5.21

$6.97

$5.78

$7.73

Residential - Greater than 4 Ccf

$6.81

$9.10

$7.60

$10.16

Multi-Family

$5.82

$7.78

$6.47

$8.65

Non-Residential

$7.03

$9.40

$7.84

$10.48

4100.4 The minimum rate for water furnished any premises through a metered service shall be Fourteen Dollars and Twenty-Four Cents ($14.24) semiannually for up to (1,000) cubic feet of water.

History

SOURCE: Final Rulemaking published at 44 DCR 1993 (April 4, 1997); as amended by Final Rulemaking published at 47 DCR 320 (January 21, 2000); as amended by Final Rulemaking published at 49 DCR 5977 (June 28, 2002); as amended by Final Rulemaking published at 50 DCR 6452 (August 8, 2003); as amended by Final Rulemaking published at 51 DCR 8849 (September 10, 2004); as amended by Final Rulemaking published at 52 DCR 8528 (September 16, 2005); as amended by Final Rulemaking published at 53 DCR 7655 (September 22, 2006); as amended by Final Rulemaking published at 54 DCR 9178 (September 21, 2007); as amended by Final Rulemaking published at 55 DCR 9845 (September 19, 2008); as amended by Final Rulemaking published at 56 DCR 7543 (September 18, 2009); as amended by Final Rulemaking published at 57 DCR 8419 (September 17, 2010); as amended by Final Rulemaking published at 58 DCR 6941, 6942 (August 12, 2011); as amended by Final Rulemaking published at 59 DCR 8820, 8821 (July 27, 2012); as amended by Final Rulemaking published at 60 DCR 11239 (August 2, 2013); as amended by Final Rulemaking published at 61 DCR 9613 (September 19, 2014); as amended by Final Rulemaking published at 62 DCR 9798 (July 17, 2015); as amended by Final Rulemaking published at 63 DCR 9696 (July 22, 2016); as amended by Final Rulemaking published at 65 DCR 7569 (July 20, 2018); as amended by Final Rulemaking published at 67 DCR 11100 (September 18, 2020); as amended by Final Rulemaking published at 69 DCR 009035 (July 22, 2022); as amended by Final Rulemaking published at 71 DCR 008682 (July 19, 2024). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 4100

21 DCMR § 4101 RATES AND CHARGES FOR SEWER SERVICE

4101.1 (a) The retail rates for sanitary sewer service for each one hundred cubic feet (1 Ccf) of water use shall be as follows:

Effective October 1, 2024

Effective October 1, 2025

Customer

Per Ccf of

water use

Per 1,000 Gals. of

water use

Per Ccf of

water use

Per 1,000 Gals. of

water use

Residential

$12.07

$16.14

$12.52

$16.74

Multi-Family

$12.07

$16.14

$12.52

$16.74

Non-Residential

$12.07

$16.14

$12.52

$16.74

4101.2 The retail rates for sanitary sewer service for the discharge of groundwater, cooling water, and non-potable water sources shall be as follows:

The retail groundwater sewer charge for an unimproved real property, property under construction, or under groundwater remediation shall be:

Effective October 1, 2024

Effective October 1, 2025

Customer

Per Ccf of

water use

Per 1,000 Gals. of

water use

Per Ccf of

water use

Per 1,000 Gals. of

water use

All Customers

$3.50

$4.68

$3.76

$5.03

(b) The retail cooling water sewer charge shall be the retail sanitary sewer service rate as provided in Section 4101.1(a) for cooling water discharged into the District's wastewater sewer system.

(c) The retail non-potable water source sewer charge shall be the retail sanitary sewer service rate as provided in Section 4101.1(a) for non-potable water discharged into the District's wastewater sewer system.

4101.3 The annual Clean Rivers Impervious Area Charge (CRIAC) per Equivalent Residential Unit (ERU) shall be as follows:

Effective October 1, 2024

Effective October 1, 2025

Customer

Annual CRIAC per ERU

Monthly CRIAC per ERU

Annual CRIAC per ERU

Monthly CRIAC per ERU

Residential

$254.76

$21.23

$290.76

$24.23

Multi-Family

$254.76

$21.23

$290.76

$24.23

Non-Residential

$254.76

$21.23

$290.76

$24.23

4101.4 The CRIAC shall be based upon the Equivalent Residential Unit (ERU). An ERU is defined as one thousand square feet (1,000 sq. ft.) of impervious surface area, taking account of a statistical median of residential properties.

4101.5 All residential customers shall be assessed a CRIAC based on the following Six-Tier Residential Rate Structure for the CRIAC:

Tier

Size of Impervious Area (Square Feet)

Equivalent Residential Unit (ERU)

Tier 1

100 - 600

0.6

Tier 2

700 - 2000

1.0

Tier 3

2,100 - 3,000

2.4

Tier 4

3,100 - 7,000

3.8

Tier 5

7,100 - 11000

8.6

Tier 6

11,100 and more

13.5

4101.6 All non-residential and multi-family customers shall be assessed ERU(s) based upon the total amount of impervious surface area on each lot. This total amount of impervious surface shall be converted into ERU(s), truncated to the nearest one-hundred (100) square feet.

4101.7 Impervious Only Properties are defined and subject to the follow requirements:

Impervious Only Properties are properties that do not currently have metered water/sewer service (for example, parking lots) and may require the creation of new accounts; and

Effective October 1, 2012, Impervious Only Properties shall be billed as follows:

Impervious Only Properties with three (3) or more ERU’s shall be billed monthly.

Impervious Only Properties with less than three (3) ERU’s shall be billed every six (6) months.

Customers who are billed for more than one (1) property and who participate in District of Columbia Water and Sewer Authority’s group billing program shall be billed monthly for all properties.

4101.8 High Flow Filter Backwash sewer rate and conditions shall be as follows:

Charged the following sewer service rate:

Effective October 1, 2024

Effective October 1, 2025

Customer

Per Ccf of

water use

Per 1,000 Gals. of

water use

Per Ccf of

water use

Per 1,000 Gals. of

water use

All Customers

$3.32

$4.44

$3.54

$4.73

Subject to the following conditions:

Discharge must exceed an annual average of one (1) million gallons per day (MGD), but not more than an annual average of ten (10) MGD;

The discharge must be interruptible and only occur during periods of dry weather flow, as determined by DC Water; and

The discharge is subject to a wastewater discharge permit.

History

SOURCE: Final Rulemaking published at 44 DCR 1993, 1994 (April 4, 1997); as amended by Final Rulemaking published at 47 DCR 320 (January 21, 2000); as amended by Final Rulemaking published at 49 DCR 5977 (June 28, 2002); as amended by Final Rulemaking published at 50 DCR 6452 (August 8, 2003); as amended by Final Rulemaking published at 51 DCR 8849 (September 10, 2004); as amended by Final Rulemaking published at 52 DCR 8528 (September 16, 2005); as amended by Final Rulemaking published at 53 DCR 7655 (September 22, 2006); as amended by Final Rulemaking published at 54 DCR 9178 (September 21, 2007); as amended by Final Rulemaking published at 55 DCR 9845 (September 19, 2008); as amended by Final Rulemaking published at 56 DCR 2728 (April 10, 2009); as amended by Final Rulemaking published at 56 DCR 2739 (April 10, 2009); as amended by Final Rulemaking published at 56 DCR 7534 (September 18, 2009); as amended by Final Rulemaking published at 57 DCR 8419, 8420 (September 17, 2010); as amended by Final Rulemaking published at 58 DCR 6941, 6942 (August 12, 2011); as amended by Final Rulemaking published at 59 DCR 8820, 8821 (July 27, 2012); as amended by Final Rulemaking published at 60 DCR 11239 (August 2, 2013); as amended by Final Rulemaking published at 61 DCR 9613 (September 19, 2014); as amended by Final Rulemaking published at 62 DCR 9798 (July 17, 2015); as amended by Final Rulemaking published at 63 DCR 9696 (July 22, 2016) ); as amended by Final Rulemaking published at 65 DCR 7569 (July 20, 2018); as amended by Final Rulemaking published at 66 DCR 8770 (July 26, 2019 – Part 1); as amended by Final Rulemaking published at 66 DCR 12432 (September 20, 2019); as amended by Final Rulemaking published at 67 DCR 11100 (September 18, 2020); as amended by Final Rulemaking published at 68 DCR 013639 (December 17, 2021); as amended by Final Rulemaking published at 69 DCR 009035 (July 22, 2022); as amended by Final Rulemaking published at 71 DCR 008682 (July 19, 2024). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 4101

21 DCMR § 4102 CUSTOMER ASSISTANCE PROGRAMS

4102.1 CUSTOMER ASSISTANCE PROGRAM PLUS (CAP+)

Participation in the Customer Assistance Program Plus (CAP+) shall be limited to a single-family or individually-metered Residential Customer that meets the following eligibility requirements:

The applicant is responsible for paying for water and sewer services and/or the Clean Rivers Impervious Surface Area Charge (CRIAC); and

The Department of Energy & Environment (DOEE) has determined that the CAP+ applicant’s annual household income is at or below twenty percent (20%) of the Washington Metropolitan Statistical Area Median Family Income (MFI) for the District of Columbia, previously referred to as the Area Median Income (AMI) for the District of Columbia, not capped by the United States median low-income limit.

An approved CAP+ customer shall receive the following benefits:

Exemption from water service charges, sewer service charges, Payment-in-Lieu of Taxes (PILOT) fees and Right-of-Way (ROW) fees for the first Six Hundred Cubic Feet (6 Ccf) per month of water used. If the customer uses less than Six Hundred Cubic Feet (6 Ccf) of water in any month, the exemption will apply based on the amount of that month's billed water usage;

Credit of one hundred percent (100%) off of the monthly billed Water System Replacement Fee; and

Credit of seventy-five percent (75%) off of the monthly billed CRIAC.

Upon DC Water’s receipt of notice from DOEE that the CAP+ applicant meets the bill payment and financial eligibility requirements of 4102.1(a), DC Water shall apply the CAP+ benefits to the CAP+ customer’s account from the date that DOEE accepts a completed CAP application to the end of the fiscal year in which the application was submitted.

To continue receiving CAP+ benefits without interruptions, the CAP+ customer must submit a renewal CAP application to DOEE in accordance with the Utility Discount Program renewal deadline. A CAP+ customer that submits their renewal CAP application after this period, and is subsequently approved by DOEE, will receive CAP+ benefits as of the date of the application.

4102.2 CUSTOMER ASSISTANCE PROGRAM (CAP)

Participation in the Customer Assistance Program (CAP) shall be limited to a single-family or individually-metered Residential Customer that meets the following eligibility requirements:

The applicant maintains an active DC Water account and is responsible for paying for water and sewer services and/or CRIAC; and

The Department of Energy & Environment (DOEE) has determined that the CAP applicant’s annual household income is above twenty percent (20%) of the Washington Metropolitan Statistical Area Median Family Income (MFI) for the District of Columbia and at or below sixty percent (60%) of the State Median Income (SMI) for the District of Columbia.

An approved CAP customer shall receive the following benefits:

Exemption from water service charges, sewer service charges, Payment-in-Lieu of Taxes (PILOT) fees and Right-of-Way (ROW) fees for the first Four Hundred Cubic Feet (4 Ccf) per month of water used. If the customer uses less than Four Hundred Cubic Feet (4 Ccf) of water in any month, the exemption will apply based on the amount of that month's billed water usage;

Credit of one hundred percent (100%) off of the monthly billed Water System Replacement Fee; and

Credit of seventy-five percent (75%) off of the monthly billed CRIAC.

Upon DC Water’s receipt of notice from DOEE that the CAP applicant meets the bill payment and financial eligibility requirements of 4102.2(a), DC Water shall apply the CAP discounts to the CAP customer’s account from the date that DOEE accepts a completed CAP application to the end of the fiscal year in which the application was submitted.

To continue receiving CAP benefits without interruptions, the CAP customer must submit a renewal CAP application to DOEE in accordance with the Utility Discount Program renewal deadline. A CAP customer that submits their renewal CAP application after this period, and is subsequently approved by DOEE, will receive CAP benefits as of the date of the application.

4102.3 CUSTOMER ASSISTANCE PROGRAM II (CAP2)

Participation in the Customer Assistance Program II (CAP2) Program shall be limited to a single-family or individually-metered Residential Customer that meets the following eligibility requirements:

The applicant maintains an active DC Water account and is responsible for paying for water and sewer services and/or CRIAC; and

DOEE has determined that the CAP2 applicant’s annual household income is above the household income-eligibility limits for the District’s LIHEAP of sixty percent (60%) of the SMI for the District of Columbia and at or below eighty percent (80%) of the Washington Metropolitan Statistical Area Median Family Income (MFI), previously referred to as the Area Median Income (AMI) for the District of Columbia, not capped by the United States median low-income limit.

An approved CAP2 customer shall receive the following benefits:

Exemption from water service charges, sewer service charges, Payment-in-Lieu of Taxes (PILOT) fees and Right-of-Way (ROW) fees for the first Three Hundred Cubic Feet (3 Ccf) per month of water used. If the customer uses less than Three Hundred Cubic Feet (3 Ccf) of water in any month, the exemption will apply based on the amount of that month's billed water usage; and

Credit of fifty percent (50%) off of the monthly billed CRIAC.

(c) Upon DC Water's receipt of notice from DOEE that the CAP2 customer meets the bill payment and financial eligibility requirements of 4102.3(a), DC Water shall provide the CAP2 benefits for not more than the entire fiscal year, beginning October 1st and terminating on September 30th, subject to the availability of budgeted funds.

(1) Approved CAP2 customers that submitted a complete application to DOEE before November 1st, shall receive CAP2 benefits retroactive to October 1st and terminating on September 30th of that fiscal year.

(2) Approved CAP2 customers that submitted a complete application on or after November 1st, shall receive CAP2 benefits as of the date of submittal and terminating on September 30th of that fiscal year.

(3) Customers shall reapply each year for CAP2 benefits to receive CAP2 benefits.

(d) If DC Water determines that the remaining budgeted funds are insufficient to provide CAP2 benefits, DC Water may:

Suspend the process for accepting CAP2 applicants; or

Suspend or adjust providing CAP2 benefits to CAP2 recipients.

4102.4 Eligibility for the CAP+, CAP, and CAP2 Programs shall be determined by DOEE based on the income eligibility criteria provided in § 4102.1(a)(2), § 4102.2(a)(2), and § 4102.3(a)(2).

4102.5 DOEE CUSTOMER ASSISTANCE PROGRAM III FOR SINGLE-FAMILY AND INDIVIDUALLY METERED HOUSEHOLDS

DC Water shall apply DOEE Customer Assistance Program III (CAP3) benefits to an eligible single-family or individually-metered Residential Customer’s account in accordance with the following:

The applicant maintains an active DC Water account and is responsible for paying for water and sewer services and/or the CRIAC;

DOEE has notified DC Water that the customer has met the requirements of applicable laws and regulations and is eligible to receive the CAP3 benefits;

DOEE has notified DC Water of the amount of the CAP3 benefits to be applied to the CAP3 customer’s account; and

DOEE has transferred funds to DC Water for the benefits applied to the customer’s account.

DC Water shall stop applying CAP3 benefits to a CAP3 customer’s account upon receipt of notice from DOEE that the customer is no longer eligible for the CAP3 benefits, or receipt of notice from DOEE regarding the unavailability of funds.

If DC Water determines that the remaining budgeted funds are insufficient to provide CAP3 benefits, DC Water may:

Suspend the process for accepting CAP3 applicants; or

Suspend providing CAP3 benefits to CAP3 recipients.

4102.6 DOEE CLEAN RIVERS IMPERVIOUS SURFACE AREA CHARGE RELIEF PROGRAM FOR NONPROFIT ORGANIZATIONS

DC Water shall apply DOEE CRIAC Relief Program for Nonprofit Organizations (CRIAC Nonprofit Relief Program) benefits to an eligible non-profit organization’s account in accordance with the following:

The applicant maintains an active DC Water account and is responsible for paying for the CRIAC charges;

DOEE has notified DC Water that the customer has met the requirements of applicable laws and regulations and is eligible to receive CRIAC Nonprofit Relief Program benefits;

DOEE has notified DC Water of the amount of the benefits to be applied to the nonprofit organization’s account each billing period; and

DOEE has transferred funds to DC Water for the CRIAC Nonprofit Relief Program benefits applied to the customer’s account.

DC Water shall stop applying CRIAC Nonprofit Relief Program benefits to a customer’s account upon notice from DOEE that the customer is no longer eligible for the CRIAC Nonprofit Relief Program benefits.

If DC Water determines that the remaining budgeted funds are insufficient to provide CRIAC Nonprofit Relief Program benefits, DC Water may:

Suspend the process for accepting CRIAC Nonprofit Relief Program applicants; or

Suspend or adjust providing CRIAC Nonprofit Relief Program benefits to CRIAC Nonprofit Relief Program recipients.

4102.7 Nothing in this section shall be interpreted to mean that the benefits provided through DC Water’s CAP+, CAP, or CAP2 Programs or DOEE’s CAP3 or CRIAC Nonprofit Relief Programs are an entitlement, continuing or otherwise.

4102.8 For the purposes of this section, the term “SMI” means the state median income as determined on an annual basis by the U.S. Department of Health and Human Services (HHS).

4102.9 For the purposes of this section, the term “MFI" means the Washington Metropolitan Statistical Area Median Family Income previously referred to as “AMI,” which means the Area Median Income (AMI), and alternately referred to as the HUD Area Median Family Income (HAMFI), determined on an annual basis by the U.S. Department of Housing and Urban Development (HUD).

4102.10 [RESERVED]

History

SOURCE: Final Rulemaking published at 46 DCR 5945 (July 16, 1999); as amended by Final Rulemaking published at 47 DCR 320 (January 21, 2000); as amended by Final Rulemaking published at 51 DCR 5033 (May 14, 2004); as amended by Final Rulemaking published at 56 DCR 1060 (January 30, 2009); as amended by Final Rulemaking published at 57 DCR 8419, 8420 (September 17, 2010); as amended by Final Rulemaking published at 62 DCR 9798 (July 17, 2015); as amended by Final Rulemaking published at 64 DCR 2983 (March 24, 2017); as amended by Final Rulemaking published at 65 DCR 13956 (December 28, 2018); as amended by Final Rulemaking published at 66 DCR 12434 (September 20, 2019); as amended by Final Rulemaking published at 67 DCR 11100 (September 18, 2020); as amended by Final Rulemaking published at 68 DCR 5438 (May 21, 2021); as amended by Final Rulemaking published at 68 DCR 013641 (December 17, 2021); as amended by Final Rulemaking published at 69 DCR 012878 (October 21, 2022); as amended by Final Rulemaking published at 71 DCR 000910 (January 19, 2024); as amended by Final Rulemaking published at 71 DCR 008686 (July 19, 2024) District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 4102

21 DCMR § 4103 FIRE PROTECTION SERVICE FEE

Effective October 1, 2024, the District of Columbia shall be charged the Fire Protection Service Fee (Fee) of Seventeen Million Five Hundred Seventy Five Thousand Dollars ($17,575,000) each fiscal year for fire protection service, including, but not limited to the delivery of water flows for firefighting as well as inspecting, maintaining, and upgrading public fire hydrants in the District of Columbia, plus the cost of fire hydrant inspections performed by the DC Fire and Emergency Medical Services.

The Fee may be examined every three years to determine if the Fee is sufficient to recoup the actual costs for providing this service.

In the event the actual costs are not being recouped, the District of Columbia shall pay the difference and the Fee will be appropriately adjusted pursuant to the rulemaking process.

In the event the costs paid by the District of Columbia exceed DC Water’s actual costs, the Fee shall be adjusted pursuant to the rulemaking process.

History

SOURCE: Final Rulemaking published at 47 DCR 320 (January 21, 2000); as amended by Final Rulemaking published at 57 DCR 3112 (April 9, 2010); as amended by Final Rulemaking published at 59 DCR 8820, 8823 (July 27, 2012); as amended by Final Rulemaking published at 62 DCR 9805 (July 17, 2015); as amended by Final Rulemaking published at 65 DCR 5680 (May 18, 2018); as amended by Final Rulemaking published at 68 DCR 6988 (July 16, 2021); as amended by Final Rulemaking published at 71 DCR 008693 (July 19, 2024). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 4103

21 DCMR § 4104 CUSTOMER CLASSIFICATIONS FOR WATER AND SEWER RATES, FEES AND CHARGES

4104.1 The customer classifications for water and sewer rates, fees and charges shall consist of a residential class, multi-family class, and a non-residential class:

(a) Residential – a customer whose premises is a single-family dwelling unit used for domestic purposes, whether as a row, detached or semi-detached structure, or as a single dwelling unit within an apartment building, or as a single dwelling unit within a condominium, or as a single dwelling unit within a cooperative housing association, where each unit is served by a separate service line and is individually metered and used for domestic purposes; or a multi-family structure or development of less than four (4) single-family, apartment, condominium, or cooperative housing association dwelling units where all the units are used for domestic purposes and served by a single service line that is master metered; excluding a premises operated as a nursing home, dormitory or transient housing business, including, but not limited to a bed and breakfast, hotel, motel, inn, boarding house or rooming house.

(b) Multi-Family – a customer whose premises is a multi-family structure or development (such as an apartment, condominium, or cooperative housing association) used for domestic purposes, with four or more single-family, apartment, condominium, or cooperative housing association residential dwelling units served by the same service line that is master metered; excluding a premises operated as a nursing home, dormitory or transient housing business, including, but not limited to a bed and breakfast, hotel, motel, inn, boarding house or rooming house.

(c) Non-residential – all customers not within either the residential or multi-family class including customers whose premises is comprised of one or more units that is not used for domestic purposes and all units are served by the same service line that is master metered.

History

SOURCE: Final Rulemaking published at 56 DCR 2730 (April 10, 2009); as amended by Final Rulemaking published at 60 DCR 11239 (August 2, 2013); as amended by Final Rulemaking published at 64 DCR 9613 (September 29, 2017). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 4104

21 DCMR § 4105 District of Columbia Clean Rivers Impervious Surface Area Charge Incentive discount Program: PURPOSE

4105.1 The purposes of Sections 4105 through 4109 are to:

Implement the District of Columbia Clean Rivers Impervious Surface Area Charge Incentive Program;

Provide an incentive for the installation of eligible best management practices that reduce the amount of stormwater runoff from a property, as determined by the District Department of the Environment (DDOE); and

(c) Comply with the requirements of the Water and Sewer Authority Equitable Ratemaking Amendment Act of 2008, effective March 25, 2009 (D.C. Law 17-370; D.C. Official Code § 34-2202.16a. (2010 Repl.)).

History

SOURCE: Final Rulemaking published at 60 DCR 11244 (August 2, 2013).

21 DCMR § 4106 District of Columbia Clean Rivers Impervious Surface Area Charge Incentive discount Program: ELIGIBILITY

4106.1 Each DC Water customer that is billed for the Clean Rivers Impervious Surface Area Charge (IAC) pursuant to Section 4101 of this chapter shall be eligible to receive a DC Clean Rivers Impervious Surface Area Charge Incentive (IAC Incentive) Discount as provided in Sections 4105 through 4109 of this chapter.

4106.2 The IAC Incentive Discounts are subject to the availability of funds and maximum budget limits established by DC Water’s budget appropriations.

4106.3 DC Water shall apply an IAC Incentive Discount towards a customer’s bill based on DDOE’s approval of a stormwater fee discount for the customer’s property.

4106.4 A customer shall receive an IAC Incentive Discount beginning on the effective date of this section after DC Water receives DDOE’s storm water fee discount approval for that property, subject to the availability of funds and maximum budget limits established by DC Water’s budget appropriations.

4106.5 The IAC Incentive Discount shall be retroactive to the effective date of these rules, or the date from which DDOE calculates a stormwater fee discount, whichever is later.

4106.6 The IAC Incentive Discount shall not be retroactive to the original installation date of the DDOE approved stormwater Best Management Practice (BMP).

4106.7 DC Water shall calculate the IAC Incentive Discount to be applied towards a customer’s IAC:

As a recurring discount to the IAC billed pursuant to § 4101 of this chapter;

Beginning, the billing period that follows DC Water receipt and processing of DDOE’s stormwater fee discount approval. For customers billed on a semi-annual basis, the discount will appear on their next bill normally in March and September; and

Ending, under the criteria provided in § 4106.9 of this chapter.

4106.8 A DC Water customer shall, in order to receive an IAC Incentive Discount:

(a) Be current on all DC Water billed payments; and

(b) Satisfy all DDOE requirements to receive a stormwater fee discount.

4106.9 The IAC Incentive Discount shall expire on the first of:

The expiration of DOEE’s approved stormwater fee discount period provided in Chapter 5 of this title;

DOEE’s revocation of the stormwater fee discount; or

The sale or transfer of the property to a new owner.

History

SOURCE: Final Rulemaking published at 60 DCR 11244 (August 2, 2013); as amended by Final Rulemaking published at 66 DCR 8770 (July 26, 2019 – Part 1). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 4106

21 DCMR § 4107 DISTRICT OF COLUMBIA CLEAN RIVERS IMPERVIOUS SURFACE AREA CHARGE INCENTIVE DISCOUNT PROGRAM: DISCOUNT CALCULATION

4107.1 The IAC Incentive Discount shall not exceed the maximum allowable IAC Incentive Discount percentage, which shall be twenty percent (20%) of the otherwise chargeable Clean Rivers Impervious Area Charge.

4107.2 The maximum allowable IAC Incentive Discount percentage is subject to change annually based on DC Water’s budget appropriations.

4107.3 The IAC Incentive Discount shall be calculated as follows:

DDOE will send DC Water the DDOE approved maximum volume of stormwater runoff retained (in Equivalent Residential Units (ERUs)) by an approved and eligible BMP(s) during a one and two tenths inch (1.2 in.) rainfall event;

Multiply the number of ERUs of step “(a)” by the maximum allowable discount percentage; and

Multiply the step “(b)” result by the IAC per ERU specified in § 4101 of this chapter.

4107.4 The calculated IAC Incentive Discount shall be applied to each Clean Rivers Impervious Area Charge billed.

4107.5 The IAC Incentive Discount will appear on the customer’s DC Water bill beginning with the billing period that follows DC Water’s receipt and processing of DDOE’s approved maximum volume of stormwater runoff retained (in ERUs). For customers billed on a semi-annual basis, the discount will appear on their next bill, which is normally in March and September.

History

SOURCE: Final Rulemaking published at 60 DCR 11244 (August 2, 2013); as amended by Final Rulemaking published at 66 DCR 8770 (July 26, 2019 – Part 1). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 4107

21 DCMR § 4108 DISTRICT OF COLUMBIA CLEAN RIVERS IMPERVIOUS SURFACE AREA CHARGE INCENTIVE DISCOUNT PROGRAM: dISCOUNT Reduction

4108.1 If DDOE determines that a customer’s stormwater fee discount shall be reduced, DC Water shall reduce the IAC Incentive Discount proportionately upon receipt of DDOE’s decision to reduce the stormwater retention value expressed in ERUs for the property.

History

SOURCE: Final Rulemaking published at 60 DCR 11244 (August 2, 2013).

21 DCMR § 4109 DISTRICT OF COLUMBIA CLEAN RIVERS IMPERVIOUS SURFACE AREA CHARGE INCENTIVE DISCOUNT PROGRAM: ADMINISTRATIVE APPEALS AND JUDICIAL REVIEW

4109.1 Any appeals related to a DDOE action regarding BMP application review or approval, eligibility, and stormwater retention volume calculations shall be taken in accordance with Section 563 of this title.

4109.2 Appeals of DC Water actions regarding the IAC Incentive Discount shall be taken in accordance with Chapter 4 of this title.

History

SOURCE: Final Rulemaking published at 60 DCR 11244 (August 2, 2013).

21 DCMR § 4199 DEFINITIONS

4199.1 When used in this chapter, the following words and phrases shall have the meanings ascribed:

Condominium – means real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of the portions designated for separate ownership, provided the undivided interests in the common elements are vested in the unit owners.

Cooling Water – water used as a heat conductor in cooling towers.

Cooperative Housing Association – means an association, whether incorporated or unincorporated, organized for the purpose of owning and operating residential real property, the shareholders or members of which, by reason of their ownership of a stock or membership certificate, a proprietary lease or other evidence of membership, are entitled to occupy a dwelling unit pursuant to the terms of a proprietary lease or occupancy agreement.

DC Water - the District of Columbia Water and Sewer Authority.

DDOE or DOEE - the Department of Energy and Environment.

Dwelling Unit – any habitable room or group of rooms with kitchen and bathroom facilities forming a single unit located within a building or structure, which is wholly or partially used or intended to be used for living, sleeping and the preparation and consumption of meals by human occupants, and is under the control of and for the use of the occupant.

Non-Potable Water Source – water from a source or sources including, but not limited to, surface water or trucked water, but excluding water from the District’s water distribution supply system, groundwater, or cooling water.

History

SOURCE: Final Rulemaking published at 59 DCR 8820, 8823 (July 27, 2012); as amended by Final Rulemaking published at 60 DCR 11244 (August 2, 2013); as amended by Final Rulemaking published at 64 DCR 9613 (September 29, 2017); as amended by Final Rulemaking published at 66 DCR 8770 (July 26, 2019 – Part 1). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 4199

21-52 D.C. WATER AND SEWER AUTHORITY PERSONNEL REGULATIONS

21 DCMR § 5201 GENERAL PROVISIONS

5201.1 The purpose of the District of Columbia Water and Sewer Authority Personnel Regulations (the "Regulations"), issued by the Board of Directors (the "Board") of the District of Columbia Water and Sewer Authority (the "Authority"), is to establish guidelines, including policies and procedures relating to personnel matters including, but not limited to, the recruitment, employment, compensation, advancement, hiring, retention and termination of Authority employees pursuant to D. C. Code § 43-1672 et seq., the "Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996, D. C. Law 11-111, April 18, 1996" (the "Enabling Act"). The Authority's personnel regulations and personnel policies and procedures are not a contract(s) of employment. Neither the Regulations nor the personnel policies and procedures guarantee any fixed terms and conditions of employment. Employment with the Authority is not guaranteed for any specific time and may be terminated by the Authority for any lawful reason. The Authority reserves the right to, in its sole discretion, modify, rescind, delete, or otherwise change the provisions of these Regulations and/or its personnel policies and procedures at any time, with or without notice, except as where required by law.

5201.2 It is the Authority's policy to conduct all personnel actions without regard to race; color; religion; sex; national origin; age; disability; or any other legally protected class in accordance with federal and District of Columbia law.

5201.3 The Board delegates to the General Manager the authority to develop, implement and enforce personnel policies and procedures. The General Manager may delegate this authority to subordinate managers.

5201.4 The General Manager is responsible for recommending to the Board new personnel regulations or modifications of existing personnel regulations.

5201.5 Provisions of a properly executed collective bargaining agreement will take precedence over any provision in this chapter which conflicts with or is contrary to contract provisions.

5201.6 If any provision in this chapter is deemed invalid, void or unenforceable by a court of competent jurisdiction, the chapter shall be construed as though the provision does not appear. Any such finding by a court of competent jurisdiction shall not affect the validity of any other provision, section, paragraph, or sentence of this chapter.

5201.7 The Authority retains sole control of management rights, in accordance with applicable laws, rules, and regulations, which include, but are not limited to:

(a) Directing employees of the Authority;

(b) Hiring, promoting, transferring, assigning, and retaining employees in positions within the Authority, and suspending, demoting, discharging, or taking other disciplinary action against employees;

(d) Maintaining the efficiency of the Authority's operations, the extent of usage and the nature of all equipment, and the standards for workmanship;

(e) Determining the mission of the Authority, its budget, and its organization;

(f) Determining the number of employees, including the number, type and grade of positions assigned to the organization unit, work project or tour of duty;

(g) Deciding the technology to be used in performing its work;

(h) Defining and carrying out internal security practices;

(i) Taking whatever actions may be necessary to carry out the mission of the Authority in emergency situations; and

(j) Altering, amending, modifying, or eliminating the manner in which the activities of the Authority are conducted, including the composition and size of the work force carrying on those activities as prescribed by law.

5201.8 Falsification or misrepresentation of any information provided to the Authority may result in disciplinary action up to and including termination and/or may result in criminal prosecution. Where the information is provided in connection with an employment or promotion application, the applicant may also be disqualified from selection.

History

SOURCE: Final Rulemaking published at 55 DCR 6868 (June 20, 2008).

21 DCMR § 5202 RECRUITING AND HIRING

5202.1 Authority staff shall be employed in the following employment categories:

(a) At-Will - Positions that serve at the pleasure of the General Manager. At-will positions are not covered by the disciplinary, non-union appeals, and reduction in force regulations and policies and procedures. The General Manager may designate any non-union position as "at-will."

(b) Regular - All positions that are not at-will.

5202.2 Employee classifications:

(a) Temporary - Employees who are hired to perform work for a specified period of time or for a specific project. Temporary employee's assignment may end at any time, with or without cause and with or without notice. Temporary employees are not covered by the Authority's disciplinary, non-union appeals, and reduction in force regulations and policies and procedures.

(b) Intern - High school or college students on a work-study or other formal learning and work experience program who may receive course credit and/or pay for limited periods of employment. Interns are not covered by the Authority's disciplinary, non-union appeals, and reduction in force regulations and policies and procedures.

(c) Full-time - An employee who is hired to work a regularly scheduled workweek of forty (40) or more hours or regularly scheduled to work 80 hours in a two workweek pay period.

(d) Part-time - An employee who is hired to work a regularly scheduled workweek of less than twenty (20) hours, or works 1,040 hours per year or less. Part-time employees are not covered by the Authority's disciplinary, non-union appeals, and reduction in force regulations and policies and procedures.

(e) Probationary - All new full-time employees in regular positions and all full-time employees who accept a regular position must serve a probationary period of not less than twelve (12) months. Any employee hired is a new Authority employee and must satisfy the probationary period requirement regardless of prior government service. Completion of the probationary period means that, in the judgment of the Authority, the employee has performed in an acceptable manner for a minimum of twelve (12) months. The Authority, in its discretion, may extend a probationary period up to ninety (90) days. If an employee does not complete the probationary period, the Authority may terminate his/her employment. A decision to terminate a probationary employee is not subject to appeal.

5202.3 Vacancies will generally be posted for a minimum of ten (10) working days before a job is offered. Vacancies for positions designated as scarce skills, or in situations where posting of the vacancy for ten (10) working days is determined by the General Manager to be impossible or impractical, a vacancy may be posted for less than ten (10) working days before a job is offered. The General Manager may appoint senior management staff, executive staff, and make emergency staff appointments without the necessity of posting the vacancy or competing the position.

5202.4 The Authority's Human Resources Department is responsible for recruiting candidates to fill new and vacant positions including, but not limited to, recruitment, applicant processing, screening interviews, reference checks, medical examinations, job offers, compensation and benefits processing, and employment records. These responsibilities may be delegated by the General Manager to another organizational component, as deemed appropriate.

5202.5 As part of the selection process, all applicants who have been conditionally offered employment with the Authority will undergo a pre-employment medical evaluation that will include, among other things, drug screening. Any applicant whose medical evaluation indicates the presence of illegal drugs or an inability to perform the essential functions of a position due to mental and/or physical conditions which cannot be reasonably accommodated, will not be employed by the Authority.

5202.6 Relatives of employees are eligible for employment by the Authority provided that such employment does not create a supervisory relationship in which the employees are in one another's chain of command. For purposes of this section, "relative" is defined as spouse, parent, parent-in-law, child, step-child, sister, brother, brother-in-law, sister-in-law, step-parent, daughter-in-law, son-in-law, niece, nephew, first cousin, grandparent or grandchild, or any other related or unrelated individual that resides in the same household as the employee. If a supervisory relationship is created between employees who are related, at the Authority's discretion, one employee may be reassigned noncompetitively to another position selected by the Authority for which the employee is qualified where involuntary displacement of another employee does not result. This reassignment may be conducted without regard to any posting or recruitment requirements. If a position cannot be identified, or reassignment is impossible or impractical, one employee will be required to separate from his or her Authority employment.

History

SOURCE: Final Rulemaking published at 55 DCR 6868 (June 20, 2008).

21 DCMR § 5204 LEAVES, HOLIDAYS AND OTHER ABSENCES

5204.1 The rate of accrual of annual and sick leave will be determined by the Board.

5204.2 The use and carry-over of annual and sick leave will be determined by the General Manager or his designee.

5204.3 The Board of Directors of the Authority will determine the number of holidays that are granted to employees each year. The General Manager will establish the schedule of holidays and shall determine the leave year.

5204.4 The Authority recognizes the following types of un-accrued leave that may be granted to eligible employees in qualifying circumstances:

(a) Leave of Absence Without Pay.

(b) Federal and District of Columbia Family and Medical Leave.

(d) Military Leave of Absence.

(e) Administrative Leave.

(f) Bereavement Leave.

(g) Paid Parental Leave.

(h) Leave approved by the Board of Directors.

History

SOURCE: Final Rulemaking published at 55 DCR 6868 (June 20, 2008); as amended by Final Rulemaking published at 69 DCR 009040 (July 22, 2022). District of Columbia Municipal Regulations Water and Sanitation 21 DCMR § 5204

21 DCMR § 5205 COMPENSATION AND BENEFITS

5205.1 Benefits

(a) Full-Time Regular employees may be eligible for medical, life and other benefits offered by the Authority and benefits mandated by federal and District of Columbia laws.

(b) At-Will employees may be eligible for medical, life and other benefits offered by the Authority and benefits mandated by federal and District of Columbia laws.

(c) Interns, part-time and temporary employees are ineligible for Authority benefits except as required by applicable federal and District of Columbia laws.

5205.2 Responsibility for Salary Administration

(a) When appropriate, the Authority's compensation decisions will be based on the Authority's overall financial condition and a review of pay ranges for similar jobs in the labor market.

(b) The Human Resources Department is responsible for reviewing compensation and for evaluating and assigning a job grade and salary range to each job category. It is the policy of the Authority that job grades and salary ranges be commensurate with each position's responsibilities and performance requirements. The Authority will be guided by the principle of equal pay for equal work. The Human Resources Department is responsible for developing and administering a job evaluation program, including regular review and reevaluation of position descriptions.

5205.3 Premium Pay:

(a) The Authority may provide premium pay for hours worked on holidays and Sundays.

(b) The Authority may provide for shift pay differentials.

5205.4 Deductions may be made from an employee's wages as required or permitted under the law.

5205.5 The General Manager may authorize individual or work group incentive compensation adjustments for outstanding performance, or as recognition for suggestions, work process improvements, operational savings, development of equipment or processes, and the like. The incentive compensation program may include skill-based pay, merit pay, gainsharing, and be in the form of lump sum bonus payments and temporary or permanent adjustments. The General Manager may also award lump sum bonus payments to employees who have demonstrated superior performance

5205.6 The Authority may offer health insurance, dental benefits, optical benefits, life insurance, disability coverage, accidental death and dismemberment coverage, and such other benefits as may be determined by the Authority, and may contribute to insurance coverage for employee, depending upon, among other things, the financial status of the Authority.

5205.7 An eligible employee who has voluntarily terminated his/her employment and who is rehired within six (6) months of the effective date of his/her resignation may receive full credit for prior employment in determining annual leave accrual, restoration of sick leave balance, eligibility for Authority contributions to the retirement program, and eligibility for other fringe benefits.

5205.8 The Authority may reimburse employees for expenses incurred for school or training programs which are related to the employee's present work requirements, or constitute continuing education in the employee's field, or for career development. Reimbursement may be made for tuition, books and travel expenses, subject to the following conditions:

(a) The training or educational program must be pre-approved by the Authority in the manner required by the Authority in order to be eligible for reimbursement.

(b) The amount and conditions of reimbursement payments shall be determined by the General Manager or his designee.

History

SOURCE: Final Rulemaking published at 55 DCR 6868 (June 20, 2008).

21 DCMR § 5206 REASSIGNMENTS

The Authority may temporarily reassign an employee to another position to meet a temporary employment need.

History

SOURCE: Final Rulemaking published at 55 DCR 6868 (June 20, 2008).

21 DCMR § 5207 LAYOFF AND RECALL

5207.1 Definitions

(a) When used in this chapter, the following terms shall have the meaning ascribed:

Best qualified - an individual whose qualifications, Including, but not limited to, the assessment of relevant education, work experience, skills, performance, attendance and any applicable test results are ranked the highest overall among all individuals who apply for or are considered for an Authority position, utilizing practices and procedures set forth in the Authority's Recruitment, Selection and Hiring Personnel Policy and Procedure.

Competing employee - an employee in tenure group I, II, or III.

Competitive area - the organizational boundaries within the Authority in which a reduction in force is conducted.

Competitive level - a grouping of similar positions (in a competitive area) within which employees compete for retention.

Days - calendar days.

Displaced employee - a former employee who was separated by a reduction in force.

Minimally qualified - an individual who meets the minimum qualifications and requirements that a candidate must meet for a given position as described on a Vacancy Announcement.

Obligated position - a position to which an employee has restoration rights under the provisions of the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. §§ 4301 et seq.

Preference eligible - a veteran preference eligible as defined in § 2108 of title 5 U.S.C. and § 5207.13 of this chapter.

Released employee - an employee who has been reached for release from his or her competitive level.

Retention register - the listing of employees occupying positions in a competitive level by tenure group and reduction in force service computation date.

Retention standing - the employee's standing on the retention register in relation to other competing employees within his or her competitive level.

Temporary appointment - an appointment with a specific time limitation of one (1) year or less.

Tenure group - the retention group in which competing employees shall be categorized according to their current type of appointment.

5207.2 ACTIONS COVERED

The Authority shall follow the Regulations set forth in this section when releasing a competing employee from his or her competitive level pursuant to a reduction in force. The General Manager shall determine, within his discretion, whether the release of such employee is required. Factors the General Manager shall consider include, but are not limited to, the following:

(a) Lack of work;

(b) Shortage of funds;

(d) The exercise of restoration rights as provided by the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. §§ 4301 et seq.

5207.3 ACTIONS NOT COVERED

Section 5207 shall not apply to the following actions by the Authority:

(a) The termination of a temporary promotion;

(b) The return of an employee to the position from which the employee was promoted on a temporary basis;

(d) Reduction in grade as a result of a position classification/job evaluation action affecting the employee's position;

(e) Demotion as a result of reclassification, change in qualification standards or error in the application of either of the following:

Reclassification or qualification standards; or
Time-in-grade requirements for promotion;

(f) The separation of an employee or a change in an employee's position or grade as a result of an action taken pursuant to the Authority's disciplinary rules; or

(g) Separation of an employee who is not within reach for release from his or her competitive level for refusal to accept a reassignment either to a vacant position or to an encumbered position in his or her competitive level through displacement action.

5207.4 GENERAL PROVISIONS

(a) The need to apply reduction in force procedures shall not suspend the Authority's authority and responsibility to discipline, remove, demote, or reassign any employee.

(b) The retroactive reinstatement of a person who was separated by a reduction in force under these Regulations may only be made on the basis of a finding of harmful error as determined by the Authority or the Office of Employee Appeals ("OEA"). A finding of "harmful error" shall be made where the separation procedures set forth herein were not properly applied, such that the employee should not have been released from his or her competitive level.

(c) During a reduction in force, the Authority may increase or decrease the number of positions previously identified for abolishment.

5207.5 DETERMINING RETENTION STANDING

The retention standing of each competing employee shall be determined on the basis of tenure of appointment, length of creditable service, veterans preference, residency preference, and relative work performance, and on the basis of other selection factors as provided in these Regulations. Together, these factors shall determine whether an employee is entitled to compete with other employees for employment retention and, if so, with whom, and whether the employee is retained or released.

5207.6 COMPETITIVE AREA

(a) The Authority is considered a competitive area for purposes of a reduction in force under this section. Lesser competitive areas within the Authority may, however, be established by the General Manager.

(b) The General Manager may establish lesser competitive areas within the Authority by submitting a written request to the Authority's Board of Directors that includes all of the following:

A description of the proposed competitive area or areas which includes a clearly stated mission statement, the operations, functions, and organizational segments affected;
An organizational chart of the Authority which identifies the proposed competitive areas; and
A justification for the need to establish a lesser competitive area.

(c) Any lesser competitive area shall be no smaller than a major subdivision of the Authority or an organizational segment that is clearly identifiable and distinguished from others in the Authority in terms of mission, operation, function, and staff.

(d) The Board of Directors shall publish the competitive area or areas in which the reduction in force will be conducted.

(e) Employees in one competitive area shall not compete with employees in another competitive area.

5207.7 COMPETITIVE LEVELS

(a) The General Manager or Director of Human Resources shall determine the positions which comprise the competitive level in which employees shall compete with each other for retention.

(b) Assignment to a competitive level shall be based upon the employee's position of record.

(c) An employee's position of record is the position for which the employee receives pay or the position from which the employee has been temporarily reassigned or promoted on a temporary basis.

(d) A competitive level shall consist of all positions in the competitive area identified pursuant to § 5207.6 in the same pay system, grade or class, and series, if applicable, which are sufficiently alike in qualification requirements, duties and responsibilities so that the incumbent in any one (1) position could perform successfully the duties and responsibilities of any of the other positions, without any loss of productivity beyond that normally expected in the orientation of any new but fully qualified employee.

(e) The composition of a competitive level shall be determined on similarity of the qualification requirements, including selection factors, to perform the major duties of the position successfully, the title and series, if applicable, of the positions, and other factors prescribed in this section and § 5207.8.

5207.8 SEPARATE COMPETITIVE LEVELS

(a) Separate competitive levels shall be established for the following:

Positions under different pay schedules;
Positions filled on a seasonal basis;
Positions filled on a part-time basis;
Positions filled on an intermittent basis;
Positions filled by supervisors or managers; and
Positions filled by employees in a formally designated trainee or developmental program having all the characteristics covered in § 5207.8(c).

(b) Employees whose official position descriptions have the same title, any applicable series, and grade, but who have specialties which are identified on their position descriptions, in accordance with applicable classification standards, shall be assigned to separate competitive levels.

(c) A position shall be considered as being formally designated in a trainee or developmental program if it has all the following characteristics:

The program was designed to meet the Authority's needs and requirements for the development of skilled personnel;
The program was formally designated, with its provisions made known to employees and supervisors; and
The program is developmental by design, offering planned growth in duties and responsibilities, and providing advancement in recognized lines of career progression.

5207.9 RETENTION REGISTER

(a) A retention register shall be established by the Director of Human Resources whenever a competing employee is to be released from his or her competitive level.

(b) A separate retention register shall be prepared for each competitive level in the competitive area.

(c) The retention register shall document the final action taken, and the effective date of that action, for each employee released from his or her competitive level.

(d) Each competitive level shall be identified by the title, any applicable series, and grade of the position(s) which composed the competitive level.

(e) When a competitive level consists of two (2) or more different titles, each position title shall be identified on the retention register.

(f) The retention register for each competitive level shall list all positions in the competitive level. A written justification shall be attached to the retention register when positions of the same title, grade, and series, if applicable, are placed in different competitive levels.

(g) The retention register shall include all of the following:

The name of each competing employee in the competitive level, whether in duty status or paid or unpaid leave status;
The name of each competing employee in the competitive level who is in a leave-without- pay status based upon receipt of disability compensation benefits;
The name of each competing employee detailed or temporarily reassigned from the competitive level;
The name of each competing employee temporarily promoted from the competitive level by a temporary promotion; and
The name of each competing employee on a temporary assignment from the competitive level to a governmental entity, an institution of higher education, or a private sector organization.

(h) An employee on military duty with restoration rights shall not be placed on a retention register.

(i) An employee who has received a written decision to demote him or her shall-compete for retention in the position to which he or she will be demoted.

(j) At the bottom of the retention register, or on a separate list appended to the retention register, in the order set forth below, shall be the following:

The name and expiration date of the appointment or reassignment of each employee serving in a position in the competitive level who is in a specifically limited temporary appointment or on a temporary reassignment;
The name and expiration date of promotion of each employee serving in a position in the competitive level on a temporary promotion; and
The name of each employee serving in a position in the competitive level with a current performance rating of Unsatisfactory.

5207.10 RETENTION STANDING: TENURE GROUPS

(a) The name of each competing employee shall be listed on the retention register in the order of his or her retention standing.

(b) Competing employees shall be categorized on a retention register in the groups listed in §5207.10(c) on the basis of tenure of employment, including additional credit as provided in §§ 5207.13, 5207.14 and 5207.15.

(c) The retention register groups, in descending order of retention standing, shall be tenure group I, group II, and group III.

(d) Within each group, employees shall be listed by their reduction in force service computation date, as defined in § 5207.12(b), beginning with the earliest date.

(e) Tenure group I shall include each employee (other than an employee in group II or group III) who is not serving a probationary period.

(f) Tenure group II shall include the following:

Each employee serving a probationary period; and
Each employee who has completed his or her probationary period and who is in an obligated position.

(g) Tenure group III shall include each employee serving under an indefinite appointment.

5207.11 NONCOMPETING EMPLOYEES

(a) An employee serving under a temporary appointment shall be a noncompeting employee in a reduction in force and shall be terminated ahead of any competing employee in his or her competitive level without regard to length of creditable service or preference eligibility, unless the positions in the competitive level are not affected by the reduction in force.

(b) An employee with an Unsatisfactory performance rating shall be a noncompeting employee in a reduction in force and shall be terminated ahead of any competing employee in his or her competitive level without regard to length of creditable service or preference eligibility, unless the positions in the competitive level are not affected by the reduction in force.

(c) To ensure that noncompeting employees are separated ahead of competing employees, they shall be listed separately below group III employees on the retention register or on a separate list appended to the retention register, as provided in § 5207.9(j).

5207.12 RETENTION STANDING: LENGTH OF CREDITABLE SERVICE

(a) A reduction in force service computation date shall be established for each competing employee as specified in this section.

(b) An employee's reduction in force service computation date shall be the date which reflects total creditable service plus additional service credit, if applicable, for veterans preference, residency preference and Outstanding performance preference (as provided for in §§ 5207.13, 5207.14 and 5207.15); that date shall be one (1) of the following:

For employees hired after November 20, 1998, the date of hire with the Authority;
For employees hired on or before November 20, 1998, the "Service Computation Date" as previously computed by the District of Columbia Office of Personnel in accordance with the then applicable Federal or District laws or rules.

5207.13 RETENTION STANDING: VETERANS PREFERENCE

(a) For purposes of this section, veterans preference eligibility shall be determined in accordance with federal law and regulations issued thereunder by the U.S. Office of Personnel Management.

(b) Pursuant to the regulations referred to in § 5207.13(a), a retired member of a military service shall be considered a preference eligible individual under this section only if he or she meets at least one (1) of the following conditions:

The employee's military retirement is based on disability that either:

A. Resulted from injury or disease received in the line of duty as a direct result of armed conflict; or

B. Was caused by an instrumentality of war incurred in the line of duty during a period of war as defined by §§ 101 and 301 of title 38, U.S. Code;

The employee's military service does not include twenty (20) or more years of full-time active service, regardless of when performed. However, this total does not include periods of active service for training; or
The employee has been employed continuously since November 30, 1964, in a position without a break in service of more than thirty (30) days.

(c) An employee who would otherwise be considered a preference eligible individual under conditions in §§ 5207.13(b)(1) or (2) shall not be considered a preference eligible individual for purposes of this section if the employee retired at or above the rank of major or its equivalent.

(d) A preference eligible individual having a service-connected disability of thirty percent (30%) or more shall be credited with eight (8) years of additional service.

(e) A preference eligible individual who is not covered by subsection 5207.13(d) shall be credited with four (4) years of additional service.

5207.14 RETENTION STANDING: RESIDENCY PREFERENCE

(a) Three (3) years of additional service shall be credited to each competing employee who is eligible for a residency preference as provided in § 5207.14(b).

(b) Residency preference eligibility in a reduction in force shall be afforded to all of the following:

Each competing employee who is a bona fide resident of the District of Columbia;
Each competing employee who is not a resident of the District of Columbia, but who was hired by the Water and Sewer Utility Administration of the District of Columbia before January 1, 1980, and has continued employment with the Authority without a break in service of one (1) workday or more since that date; and
Each competing employee who is not a resident of the District of Columbia, but who was a former employee of the U.S. Department of Health & Human Services at St. Elizabeth's Hospital who accepted employment with the District government without a break in service effective October 1, 1987, and who has continued employment without a break in service of one (1) workday or more since that date.

5207.15 RETENTION STANDING: PERFORMANCE RATING

(a) Each employee who has a current performance rating of "Outstanding" shall be credited with four (4) years of additional service.

(b) The current performance rating shall be the most recent performance rating preceding the date of the reduction in force notice.

(c) To be credited under § 5207.15(a), the performance rating must have been officially acted upon with all the necessary approvals, received in the Office of Human Resources no later than thirty (30) days before the close of business of the day immediately before the reduction in force notice is issued.

(d) A performance rating received by the Office of Human Resources after the date specified in § 5207.15(c) shall not change the employee's retention standing.

5207.16 EFFECTIVE DATE OF RETENTION STANDING

(a) The retention standing of each employee released from his or her competitive level shall be determined as of the date of release.

(b) When the Authority discovers an error in the determination of an employee's retention standing, it shall correct the error and adjust any erroneous reduction in force action in accordance with the employee's true retention standing as of the effective date established under this section.

5207.17 RELEASE FROM COMPETITIVE LEVEL

(a) A competing employee shall not be released from a competitive level while any of the following is retained in that level:

An employee with a specifically limited temporary appointment;
An employee with a specifically limited temporary promotion; or
An employee with an "Unsatisfactory" performance rating.

(b) A competing employee shall not be released from a competitive level while an employee with lower retention standing is retained in that level, except as required under § 5207.18 when an employee is retained under a mandatory exception.

(c) Competing employees shall be selected for release from a competitive level in the inverse order of retention standing, beginning with the employee with the lowest retention standing on the retention register.

(d) When one (1) or more, but not all, employees with the same reduction in force service computation dates in the same tenure group must be released from a competitive level, the ties shall be broken as follows:

The employee who encumbers the position to be abolished shall be released;
If still tied, the employee who has the least service in the Authority shall be released; and
If still tied, the last digit of the social security number shall be used, and the employee with the lowest last digit shall be released.

(e) When an employee is selected for release from his or her competitive level, he or she shall be separated from service with the Authority.

5207.18 MANDATORY EXCEPTIONS

(a) When employees are released from their competitive levels under § 5207.17, the special retention preferences outlined in this section shall be applicable.

(b) Each tenure group I or II preference eligible employee entitled to retention for one (1) year after restoration under the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. §§ 4301 et seq., shall be retained over other employees in his or her tenure group for the retention period.

(c) Each tenure group I or II non-preference eligible employee entitled to retention for either six (6) months or one (1) year after restoration under the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. §§ 4301 et seq., shall be retained over other employees in his or her tenure group for the retention period.

(d) The retention register shall indicate the reasons for any deviation from the regular order of selection required by this section.

5207.19 NOTICE TO EMPLOYEES

(a) Each competing employee selected for release from his or her competitive level under this section shall be entitled to written notice at least thirty (30) full days before the effective date of the employee's release.

(b) The notice to the employee shall specify the effective date of the employee's release from his or her competitive level.

(c) A notice shall expire when followed by the action specified in the notice, or in an amendment made to the notice before the Authority takes the action.

5207.20 CONTENT OF NOTICE

(a) Each notice shall state the following:

The specific action to be taken and its effective date;
The employee's competitive area, competitive level, tenure group, and reduction in force service computation date;
The place where the employee may inspect the regulations and records pertinent to his or her case; and
The reasons for retaining a lower-standing employee in the same competitive level, if applicable.
The employee's reemployment priority rights are governed by § 5207.24.
The employee's appeal rights are governed by § 5207.23.

(b) A notice may be either a complete single notice, or a notice with an attachment containing the above-listed information.

5207.21 RECORDS

(a) The Human Resources Department shall maintain the correct records needed to determine the retention standing of competing employees.

(b) The Human Resources Department shall allow inspection of retention registers and related records by the following:

An employee who is affected by the reduction in force (or his or her representative);
A supervisor or manager whose unit is affected by the reduction in force;
The Office of Employee Appeals; and
Others who are determined by the Authority to have a legitimate need to review these materials in order to carry out their official duties.

(c) All registers and records relating to an employee shall be preserved intact for at least one (1) year from the date the employee is issued a specific reduction in force notice, or until any appeal is decided, whichever is later.

5207.22 SEVERANCE PAY

(a) An employee separated pursuant to Section 5207 of these Regulations who has at least 12 months of continuous service on the date of separation shall be entitled to severance pay, as provided in this subsection 5207.22, except that the total severance pay received after October 18, 1998, over an employee's career in the District of Columbia government, including any independent agency, shall not exceed twenty-six (26) weeks of pay at the rate of basic pay received immediately before separation.

(b) Creditable Service

In computing an employee's creditable service for severance pay purposes, all service that is creditable for annual leave accrual purposes is included as creditable service for severance pay purposes; however, military service is not to be counted unless it interrupts otherwise creditable civilian service.
Additional service credit shall be provided as follows:

A. Four (4) years for an employee who qualifies for veterans preference as provided in §5207.13; and

B. Three (3) years for an employee who qualifies for residency preference as provided in §5207.14.

In computing an employee's total years of creditable civilian service, twenty-five percent (25%) of a year is to be credited for each three (3) months of service that exceeds one (1) full year or more.

Severance pay shall be calculated as follows:

A. Base severance pay is computed on the basis of one (1) week's basic pay at the rate received by the employee immediately before separation for each year of creditable service up to and including ten (10) years and two (2) week's of basic pay at the rate received by the employee immediately before separation for each year of creditable service beyond ten (10) years; and

B. An age allowance computed on the basis of ten percent (10%) of the total base severance pay for each year by which the recipient's age on the date of separation exceeds forty (40) years.

The age allowance specified in subsection 5207.22(c)1.B. shall be computed on an employee's total years of age over age forty (40), by providing credit at the rate of twenty-five percent (25%) of a year for each three (3) months that the employee's age exceeds age forty (40).
Basic pay means the regular or base salary or wages paid by the Authority to an individual immediately before separation, specifically excluding overtime, compensatory time, gainsharing, awards, bonuses, on-call pay, call-in pay, call-back pay, hazard pay, differentials, and premium pay.
If the severance pay based on age and service exceeds twenty-six (26) weeks of pay at the employee's rate of basic pay received immediately before separation, the severance pay payable will be limited to the twenty-six (26) weeks of pay.

(d) Payment

General Provisions

A. Severance payments will be paid in installments on the same pay period intervals as if the individual were still employed until the severance pay is exhausted.

B. If the individual dies before severance pay is exhausted, the payments will be continued to the survivor of the individual until exhausted.

C. Severance payments are subject to all applicable federal, District of Columbia, and state employment taxes.

Restrictions

A. Severance pay is not a basis for calculation for payment of any other type of Authority or Federal Government benefits, and it may not be included in the basis for computation of such benefits. A period covered by severance pay is not a period of Authority service or employment.

B. Employees who are receiving disability compensation based on the individual's compensable injury either under D.C. Code § 1-623.01 et seq. or the Authority's Worker's compensation provider are not eligible for severance pay.

5207.23 APPEALS

Neither the establishment of a competitive area smaller than WASA, nor the determination that a specific position is to be abolished, nor separation pursuant to these regulations, nor the determination of severance pay, shall be subject to review except that:

(a) An employee may file a complaint contesting a determination or a separation pursuant to subchapter XV-A of the Comprehensive Merit Personnel Act (as amended), the D.C. Whistleblower Protection Act, D.C. Code §§ 1- 615.51 - 1-615.59 (2001) (as amended), or § 2-1403.03 of the D.C. Code (2001) (as amended), the D.C. Human Rights Act (as amended).

(b) An employee affected by the abolishment of a position may file with the Office of Employee Appeals a complaint contesting the improper application of the separation procedures under these regulations related to implementation of an employee's entitlement to one round of lateral competition in positions in the employee's competitive level as provided in §§ 5207.1 to 5207.18.

(c) An employee selected for separation may file with the Office of Employee Appeals a complaint contesting improper application of the procedures implementing an employee's right to be given notice of at least thirty (30) days before the effective date of his or her separation as provided in § 5207.19.

5207.24 REEMPLOYMENT PRIORITY PROGRAM

(a) The Authority shall establish and maintain a reemployment priority list in which it separates tenure group I and II employees.

(b) A tenure group I employee's name shall remain on the reemployment priority list for two (2) years, and a tenure group II employee's name for one (1) year, from the date he or she was separated from his or her competitive level.

(c) Employees covered under the provisions of this section shall be entered automatically on the list immediately after it has been determined that the employee is to be adversely affected by the reduction in force and not later than issuance of the notice of reduction in force.

(d) The employee's name shall be entered on the Authority's reemployment priority list for all positions for which the employee is minimally qualified as follows:

At his or her current grade level; and
At any lower grade acceptable to the employee.

(e) The Authority may delete an employee's name from the list when he or she declines a non-temporary position with a tour of duty similar to the position from which he or she was separated and a representative rate at the same as or higher than that of the position from which he or she was separated.

5207.25 APPOINTMENT FROM REEMPLOYMENT PRIORITY LIST

(a) When a qualified person is available on the Authority's reemployment priority list, a Permanent Full-Time position shall not be filled except as provided in § 5207.26, and shall not be filled by the following:

A new appointment;
Transfer; or
Reemployment of a person not on the Authority's reemployment priority list.

(b) Subsection (a) of this section shall not apply when all qualified persons on the reemployment priority list decline or fail to respond to offers of employment.

(c) In selecting employees on the priority list from among those adversely affected by the reduction in force, but who have not yet been separated, offers of employment shall be made according to the employees' relative standing in their competitive levels. In this regard, a lower standing employee shall not be offered a position if a higher standing employee qualifies for the position, unless

the higher standing employee declines the position; or
the lower standing employee is the best qualified.

(d) The order of priority in selecting from the priority list shall be as follows:

For positions from which separated, offers of employment shall be made according to the displaced employee's relative standing in his or her competitive level. In this regard, a lower standing displaced employee shall not be offered a position if a higher standing displaced employee qualifies for the position, unless:

A. the higher standing employee declines the position; or

B. the lower standing employee is the best qualified.

For positions other than from which separated, preference shall be given to a tenure group I displaced employee over a tenure group II displaced employee, without regard to his or her relative standing within the tenure group, unless the tenure group II displaced employee is the best qualified.

(e) An employee who is separated from an at-will position shall not be entitled to priority placement consideration to Permanent Full-Time positions.

(f) The Authority may appoint a person not on the priority list or a person on the list with lower standing than others on the list only when it is necessary to obtain an employee for duties that cannot be taken over without undue interruption to the Authority by a person on the list with higher standing than the person appointed.

(g) The determination of whether an individual is "qualified" is to be made in accordance with the Authority's established standard hiring practices as provided in the Authority's Recruitment, Selection and Hiring Personnel Policy and Procedure.

5207.26 PRIORITY PLACEMENT CATEGORIES AND ORDER OF PRIORITY

(a) Priority placement category 1 shall consist of the following:

An employee or ex-employee entitled to statutory veteran's restoration rights under federal law, 38 U.S.C. § 4301 et seq., and as described in § 5214 of the Authority's Personnel Regulations; or
An employee separated as a result of a compensable injury entitled to return to duty in accordance with the provisions of § 5214 of the Authority's Personnel Regulations.

(b) Placement of an individual in priority placement category 1 shall be effected or considered in accordance with applicable statutory rights or orders or judgments pertaining thereto, and shall be effected as mandated.

A current employee whose name has been entered on the Authority's reemployment priority list in accordance with § 5207.24;
A former employee whose name has been entered on the Authority's reemployment priority list in accordance with § 5207.24;
An employee entitled to placement or promotion consideration because of violation of or failure to adhere to law, regulation, or procedures for promotion of Permanent Full-Time employees; and
An employee separated as the result of a compensable injury as described in § 5214.5 who was not placed within the two (2) years set forth in § 5214.19, for a period of one (1) year following expiration of the two-year (2-year) period.

(d) Placement of an individual in priority placement category 2 shall be subject to the following:

Except for a person in category 1 or an individual described in § 5207.26(e), no person shall be selected ahead of an individual in category 2 unless the selecting official justifies the nonselection in writing and obtains the approval of the Human Resources Director or his or her designee;
Each individual shall be referred for positions in the order listed in § 5207.26(c).

(e) A current Permanent Full-Time employee, provided he or she is qualified, may be selected for a position for which a category 2 candidate described in § 5207.26(c)(3) or (4) has been referred; and the selection shall not need to be justified in writing.

History

SOURCE: Final Rulemaking published at 55 DCR 6868 (June 20, 2008).

21 DCMR § 5208 PERFORMANCE

The Authority will maintain a performance management system.

History

SOURCE: Final Rulemaking published at 55 DCR 6868 (June 20, 2008).

21 DCMR § 5209 DISCIPLINARY PROCESS

5209.1 Employees will comply with the Authority's regulations, policies and procedures, and performance standards and requirements. Employees may be subject to disciplinary action up to and including termination for any failure to comply with such regulations, policies and procedures, and performance standards and requirements.

History

SOURCE: Final Rulemaking published at 55 DCR 6868 (June 20, 2008).

21 DCMR § 5210 NON-UNION APPEALS

5210.1 This regulation applies only to non-union full-time employees in regular positions who have completed their probationary period.

5210.2 A non-union full-time employee in a regular position who has completed his or her probationary period has the right to appeal a final disciplinary action resulting in a suspension for a period greater than 30 days or termination.

5210.3 All employees may appeal their annual performance rating in accordance with the Authority's personnel policies and procedures.

History

SOURCE: Final Rulemaking published at 55 DCR 6868 (June 20, 2008).

21 DCMR § 5211 JOB SAFETY

5211.1 The Authority will develop, implement and maintain procedures which will provide for the safe performance of all work assignments.

5211.2 Employees are expected to comply with all safety rules, immediately report unsafe conditions to an Authority official, and avoid conduct which would create a risk to themselves or their co-workers.

5211.3 The Authority will implement a drug-free workplace program.

History

SOURCE: Final Rulemaking published at 55 DCR 6868 (June 20, 2008).

21 DCMR § 5212 EMPLOYEE ACCESS TO OFFICIAL PERSONNEL RECORDS

5212.1 The official personnel record of each employee of the Authority will be maintained by the Human Resources Department.

5212.2 An employee's official personnel record may be disclosed to the employee, supervisors and management, or any representative of the employee's choice upon written request. All such disclosures should be made in the presence of a representative of the Authority or as required by law.

5212.3 Information considered by the Authority to be confidential in nature and which may be a part of an official personnel record, will be maintained in a separate file and will not be disclosed to any individual, including the employee, except where required by law.

5212.4 An Employee may request that information be added to or removed from his or her official personnel record. The addition or removal of such materials shall be made at the Authority's sole discretion.

History

SOURCE: Final Rulemaking published at 55 DCR 6868 (June 20, 2008).

21 DCMR § 5213 CONFLICT OF INTEREST

5213.1 Authority employees shall not participate in transactions that may result in a conflict of interest or the apparent conflict of interest between the private interests of the employee and the public interests of the Authority. Specifically:

(a) No employee may have a direct or indirect financial interest in any transaction that directly conflicts with the employee's responsibilities for the Authority.

(b) No employee may solicit or accept, directly or indirectly, on their own behalf or on behalf of a relative, any gift, gratuity, favor, compensation, offer of employment, or any other thing having more than a nominal monetary value from any person, corporation, or other entity having or seeking to have contractual, business, or financial relationship with the Authority.

5213.2 Political activities of employees of the Authority are subject to provisions of the Hatch Act Reform Amendment Act of 1993. This Act and the regulations which implement it govern employee political activities.

5213.3 Authority employees may engage in outside employment or private business provided they meet the following conditions:

(a) An Authority employee may not engage in any outside employment or other activity which interferes with the full and proper discharge of his or her duties and responsibilities as an Authority employee.

(b) Each independent outside professional activity shall be conducted on the employee's own time without the use of Authority facilities, funds, supplies, staff or resources unless the activities are authorized and approved by the Authority in writing before they are initiated.

(d) Any outside employment, private business activity or other interest shall not impair an employee's mental or physical capacity to such an extent that he or she can no longer carry out his or her duties and responsibilities as an Authority employee in a proper and efficient manner

5213.4 An employee of the Authority who worked for a contractor or was a contractor doing business with the Authority is prohibited from supervising, directing or reviewing the work of such contractor. The General Manager may, under circumstance deemed to be in the best interests of the Authority, waive this prohibition.

5213.5 The relative of an Authority employee as defined in § 5202.6 may not work for a contractor on a project at the Authority for which the Authority employee has any direct responsibility or supervision.

5213.6 No Authority employee or authorized representative shall disclose proprietary or confidential information belonging to the Authority to any person other than Authority employees and authorized representatives who need access to the information as part of their duties for the Authority.

5213.7 Conflicts of Interest for Former Employees

(a) A former employee, who voluntarily leaves their employment with the Authority in good standing, is prohibited for 18 months after leaving their employment with the Authority, from working for a contractor on an Authority project on which the employee directly worked. The General Manager may reduce this limitation period if it is determined that it is in the best interests of the Authority after a review and recommendation by the General Counsel.

(b) Any person whose employment is terminated by the Authority other than pursuant to a reduction in force, is permanently barred from working on any Authority contract or project.

History

SOURCE: Final Rulemaking published at 55 DCR 6868 (June 20, 2008).

21 DCMR § 5214 RESTORATION TO DUTY

5214.1 Eligible employees returning to work after military duty and eligible employees returning to work after the termination of workers' compensation disability benefits will be restored to duty as required by law.

History

SOURCE: Final Rulemaking published at 55 DCR 6868 (June 20, 2008).

21 DCMR § 5215 SEVERANCE PAY NOT PURSUANT TO A REDUCTION IN FORCE

5215.1 In accordance with criteria adopted by the Board of Directors, severance pay may be authorized by the General Manager to Authority employees who are voluntarily or involuntarily separated from Authority employment when the General Manager determines that it is in the Authority's best interest. Severance pay under this Section applies to nonunion full-time employees in regular and at-will positions who were not separated from employment as part of a reduction in force.

5215.2 The General Manager will determine the schedule and amounts to be paid to employees pursuant to the terms of this section. When the General Manager has determined that severance pay will be offered to employees, the General Manager may authorize a continuation of the employee's medical and life insurance coverage. The Authority's contribution to premiums will be paid for the same period as severance pay.

5215.3 The General Manager may provide employees involuntarily separated from Authority employment with out-placement assistance and/or other benefits, if the General Manager considers that it is in the best interest of the Authority.

History

SOURCE: Final Rulemaking published at 55 DCR 6868 (June 20, 2008).

21-53 DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY PROCUREMENT REGULATIONS

21 DCMR § 5300 Purpose and Governance

5300.1 The District of Columbia Water and Sewer Authority Procurement Regulations (the “Regulations”) are issued by the Board of Directors (the “Board”) of the District of Columbia Water and Sewer Authority (the “Authority”) pursuant to the “Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996,” effective April 18, 1996 (D. C. Law 11-111; D.C. Code § 34-2201.01 et seq.), (the “Enabling Act”), to establish regulations for the procurement of goods and services, including construction.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999); as amended by Final Rulemaking published at 56 DCR 4484 (June 12, 2009).

21 DCMR § 5301 General Provisions

5301.1 The Regulations shall govern the procurement of goods and services, including construction.

5301.2 In conformity with its statutory mandate, the Authority reserves the right, at any time and in its sole discretion, to modify, rescind, delete, or otherwise change the provisions of the Regulations.

5301.3 The General Manager shall issue a District of Columbia Water and Sewer Authority (“DC WASA”) Procurement Manual setting forth guidelines and procedures to be followed consistent with these Regulations.

5301.4 The Board delegates to the General Manager the authority to develop, implement and enforce such policies and procedures, consistent with these Regulations, as deemed necessary or useful.

5301.5 The General Manager is responsible for recommending to the Board new procurement regulations or modifications to existing procurement regulations.

5301.6 If any provision in this chapter is deemed invalid, void or unenforceable by a court of competent jurisdiction, the chapter shall be construed as though the provision does not appear. Any such finding by a court of competent jurisdiction shall not affect the validity of any other provision, section, paragraph, or sentence of this chapter.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999); as amended by Final Rulemaking published at 56 DCR 4484 (June 12, 2009).

21 DCMR § 5302 Full and Open Competition

5302.1 Procurements shall be conducted using full and open competition, except as otherwise provided for in these Regulations.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999); as amended by Final Rulemaking published at 56 DCR 4484 (June 12, 2009).

21 DCMR § 5303 Applicability

5303.1 The Regulations apply to all procurements made by the Authority. In the case of a procurement funded with federal, state or local funds, the Regulations shall be applied to conform to the requirements of the funding source, except to the extent that doing so would prevent compliance with the terms and conditions of other applicable federal, state, or local laws.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999); as amended by Final Rulemaking published at 56 DCR 4484 (June 12, 2009).

21 DCMR § 5304 General Standards of Ethical Conduct

5304.1 Authority employees involved in the procurement process shall conduct business impartially and in a manner above reproach, with preferential treatment for none. Authority employees shall strictly avoid any conflict of interest or the appearance of a conflict of interest in the procurement process.

5304.2 Any attempt by an employee, officer or agent to realize personal gain through employment with the Authority by conduct inconsistent with proper discharge of duties is a breach of ethical standards.

5304.3 Any attempt by a non-employee to influence any Authority employee to breach the standards of ethical conduct set forth in this Section is a breach of ethical standards.

5304.4 Any attempt by a Board member or alternate member to realize personal gain through the exercise of the duties or responsibilities of Board members or to influence any employee to violate the standards of ethical conduct set forth in this Section is a breach of ethical standards.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999); as amended by Final Rulemaking published at 56 DCR 4484 (June 12, 2009).

21 DCMR § 5305 Ethics Sanctions

5305.1 The Authority may take action against employees, officers and agents as well as others who violate any provision of §§ 5304-5308.

5305.2 Any employee, officer or agent who violates any provision of §§ 5304-5308 will be subject to discipline, up to and including termination of the relationship with the Authority.

5305.3 Any Board member or alternate member who violates any provision of §§ 5304-5308 will be subject to removal, suspension or termination in accordance with applicable law.

5305.4 Any effort made by or on behalf of a non-employee, including an offeror or contractor, to influence an employee to breach the ethical standards set forth in §§ 5304-5308 is prohibited and may be referred to appropriate authorities for civil enforcement or criminal prosecution.

5305.5 A violation by a contractor or subcontractor of any provision of §§ 5304-5308 constitutes a major breach of each Authority contract or subcontract to which the violator is a party. Additionally, the Authority may determine an offeror or contractor to be non-responsible, or may suspend or debar any offeror or contractor who violates or whose representative violates any provision of §§ 5304-5308.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999); as amended by Final Rulemaking published at 56 DCR 4484 (June 12, 2009).

21 DCMR § 5306 Conflict of Interest

5306.1 No Authority employee, officer, board member or agent shall participate in or attempt to influence any procurement when the employee, officer, board member or agent knows or has reason to know:

The employee, officer, board member or agent, or any relative of an employee, officer, board member or agent has a financial interest pertaining to the procurement;

A business or organization in which the employee, officer, board member or agent, or any relative of an employee, officer, board member or agent has a financial interest pertaining to the procurement; or

The employee, officer, board member or agent or any relative of an employee, officer, board member or agent has an agreement or arrangement for prospective employment with a business or organization involved with the procurement.

5306.2 It is a breach of ethical standards for any employee to receive or attempt to realize personal gain or advantage, either directly or indirectly, as a result of their participation in any action related to any procurement. No employee, officer, board member or agent may solicit or accept, directly or indirectly, on his/her own behalf or on behalf of a relative, any benefit, such as a gift, gratuity, favor, compensation, offer of employment, or anything having more than a nominal monetary value from any person, or entity having or seeking to have a contractual, business, or financial relationship with the Authority.

5306.3 In the event an Authority employee, officer or agent, other than the General Manager, is offered or receives any benefit in violation of any provision of §§ 5304-5308 from any person or entity, the employee shall report the matter to the General Manager or designee who shall determine the disposition of the benefit. The failure to report such offer or benefit to the General Manager or designee is a breach of these ethical standards.

5306.4 In the event the General Manager, a Board member other than the Board Chair, or an alternate member receives any offer or benefit in violation of any provision of §§ 5304-5308 from any person or entity, the Board member, alternate member or General Manager shall report the benefit to the Board Chair who shall determine the disposition of the matter or benefit. In the event that the Board Chair receives any offer or benefit in violation of any provision of §§ 5304-5308 from any person or entity, the Board Chair shall report the benefit to the Vice Chair who shall determine the disposition of the matter or benefit.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999); as amended by Final Rulemaking published at 56 DCR 4484 (June 12, 2009).

21 DCMR § 5307 Restrictions on Employment of Present and Former Employees

5307.1 An Authority employee who participates in the selection of a contractor or participates in the approval process of a contract or contract modification or supervises contract implementation shall not be employed by the contractor in question with respect to the performance of the contract in which the Authority employee participated.

5307.2 An offeror, contractor or subcontractor shall not:

Employ for a period of eighteen (18) months after separation an Authority employee to work on an Authority project on which the employee directly worked. The General Manager may reduce this limitation period if it is determined that it is in the best interests of the Authority after review and recommendation by the General Counsel.

At any time after granting employment to any Authority employee who participated in the selection of the contractor or in the approval of a contract or contract modification with the contractor or the supervision of the contract implementation, allow such employee to work under the Authority contract resulting from the selection or approval;

Offer to perform work for the Authority premised on the hiring of an Authority employee to perform part of the work who may reasonably be expected to participate in the selection of that contractor, in the approval of a contract or contract modification with that contractor, or the supervision of contract implementation;

Perform work for the Authority under the supervision, direction or review of an Authority employee who was formerly employed by the contractor without notifying the Contracting Officer in writing;

Allow the relative of an Authority employee to work on an Authority project for which the employee has any direct responsibility or supervision;

Permit any person whose employment by the Authority was terminated by the Authority, other than pursuant to a reduction in force, to work on any Authority contract or project; or

Offer or grant to an Authority employee, officer, or agent or the relative of an Authority employee, officer, or agent directly or indirectly, any benefit such as a gift, gratuity, favor, compensation, offer of employment, or any other thing having more than nominal monetary value.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999); as amended by Final Rulemaking published at 56 DCR 4484 (June 12, 2009).

21 DCMR § 5308 Organizational Conflict Of Interest

5308.1 An organizational conflict of interest exists when an offeror or a contractor (prime contractor or subcontractor) has:

(a) An unfair competitive advantage in a procurement as the result of access to nonpublic information about the procurement or a competing bidder; or

(b) An incentive that renders it unable, or potentially unable, to provide impartial assistance or advice to the Authority.

5308.2 In an effort to ensure a fair procurement process and protect the interest of the Authority, a Contracting Officer will analyze a planned procurement to identify actual or potential organizational conflicts of interest as early as possible in the procurement process and determine if an actual or potential organizational conflict of interest can be effectively avoided or mitigated.

5308.3 A Contracting Officer may reject a bid or proposal if an organizational conflict of interest has not been eliminated, avoided or mitigated to the satisfaction of the Authority.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999); as amended by Final Rulemaking published at 56 DCR 4484 (June 12, 2009).

21 DCMR § 5309 CANCELLATION OF INVITATION FOR BIDS OR REQUESTS FOR PROPOSAL/QUALIFICATIONS BEFORE OPENING

5309.1 A Contracting Officer shall not cancel a solicitation unless the Contracting Officer determines in writing the reason why cancellation is in the best interest of WASA and submits his or her determination to the General Manager.

5309.2 The General Manager shall make the final determination whether to cancel the solicitation.

5309.3 If a solicitation is canceled, the Contracting Officer shall return the bids/proposals that have been received to the bidders/proposers and shall send a notice of cancellation to all prospective bidders/proposers to which solicitations were issued.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999).

21 DCMR § 5310 Contracting Authority and Responsibilities

5310.1 The Authority’s Board, pursuant to D.C. Code §§ 34-2202.03(5), (6) and 2202.05(7), has the authority and responsibility to contract for goods and services including construction.

5310.2 The Board may establish contracting activities and delegate broad authority to manage the Authority’s contracting functions.

5310.3 The Board delegates to the General Manager the authority, in compliance with these Regulations, to contract for goods and services, including construction, required by the Authority for its operations.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999); as amended by Final Rulemaking published at 56 DCR 4484 (June 12, 2009).

21 DCMR § 5311 General Manager

5311.1 The General Manager is designated as the Chief Contracting Officer for the Authority. The General Manager is authorized to enter into, administer, terminate and otherwise manage contracts subject to any approval thresholds that may be established by the Board.

5311.2 The General Manager shall determine the qualifications of Contracting Officers and may delegate contracting authority in whole or in part to one or more other Contracting Officers. Such delegation shall be in writing specifying the limits of the authority granted.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999); as amended by Final Rulemaking published at 56 DCR 4484 (June 12, 2009).

21 DCMR § 5312 Contracting Officers

5312.1 Contracting Officers have only such authority as delegated to them pursuant to § 5311.2.

5312.2 Contracting Officers have discretion to determine the method of procurement, project delivery and type of contract to use for each requirement, unless this function is excluded from the delegation of the contracting authority.

5312.3 Contracting Officers shall determine responsive bids and responsible offerors. A responsive bid is a response to a solicitation which conforms in all material respects to the solicitation.

5312.4 A responsible offeror has the capability in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999); as amended by Final Rulemaking published at 56 DCR 4484 (June 12, 2009).

21 DCMR § 5313 Contracting Officer’s Technical Representative

5313.1 Contracting Officers may appoint in writing a Contracting Officer’s Technical Representative (“COTR”) to provide such management oversight and technical direction for a particular procurement or contract as the Contracting Officer shall determine is necessary or useful.

5313.2 The COTR shall maintain an arm’s length relationship with the contractor. COTRs have no authority to modify any contract.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999); as amended by Final Rulemaking published at 56 DCR 4484 (June 12, 2009).

21 DCMR § 5314 Ethics Officer

5314.1 The General Manager shall designate an Ethics Officer for the Authority to provide guidance on ethical matters.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999); as amended by Final Rulemaking published at 56 DCR 4484 (June 12, 2009).

21 DCMR § 5315 BID AND PROPOSAL MODIFICATIONS

5315.1 A Contracting Officer shall not consider a request for modification or request for withdrawal of a late bid except as provided in Section 5312.

5315.2 A Contracting Officer shall consider a modification of a successful bid or proposal, which makes its terms more favorable to WASA at any time.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999).

21 DCMR § 5316 POSTPONEMENT OF BID OR PROPOSAL OPENING

5316.1 The Contracting Officer may postpone a bid/proposal opening until after the time scheduled for bid/proposal opening if:

(a) The Contracting Officer has reason to believe that the bids/proposals of an important segment of bidders/proposers have been delayed beyond the control of bidders/proposers without their fault or negligence; or

(b) Emergency or unanticipated events interrupt normal governmental processes to such a degree that the conduct of bid/proposal openings as scheduled is impractical; or

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999).

21 DCMR § 5317 CANCELLATION OF INVITATION FOR BIDS OR REQUESTS FOR PROPOSAL/QUALIFICATIONS AFTER OPENING

5317.1 A solicitation may be canceled, or all bids/proposals rejected, only if the Contracting Officer determines in writing that the action taken is in the best interest of WASA.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999).

21 DCMR § 5318 REJECTION OF INDIVIDUAL BIDS AND PROPOSALS

5318.1 A Contracting Officer shall reject any bid that does not conform to the applicable specification unless the solicitation authorized the submission of alternate bids/proposals and the supplies or services offered as alternates meet the requirements specified in the solicitation.

5318.2 A Contracting Officer shall reject any bid that fails to conform to the delivery schedule or permissible alternates stated in the solicitation.

5318.3 A Contracting Officer shall reject a bid if the bid attempts to impose conditions that would modify requirements of the solicitation or limits the bidder's liability to WASA or the rights of WASA under any contract clause.

5318.4 A Contracting Officer may request a low bidder to delete objectionable conditions from a bid so long as the conditions do not go to the substance, as distinguished from the form, of the bid or would give the bidder an unfair advantage over other bidders.

5318.5 A Contracting Officer shall reject any bid if the Contracting Officer determines in writing that the bid price is unreasonable. A Contracting Officer may reject all bids or proposals received in response to a solicitation if the Contracting Officer makes a written determination that to do so would be in the best interest of WASA.

5318.6 A Contracting Officer shall reject a bid or proposal received from any bidder/proposer that is suspended, debarred, or otherwise ineligible if the period of suspension, debarment, or ineligibility has not expired by the bid/proposal opening date.

5318.7 A Contracting Officer shall reject bids and proposals determined by the Contracting Officer to be non-responsive.

5318.8 A Contracting Officer shall reject bids and proposals received from bidders and proposers determined by the Contracting Officer to be not responsible.

5318.9 A Contracting Officer may reject bids and proposals that do not include security required to be submitted with the bid/proposal unless the failure to include the security is waived by the General Manager.

5318.10 A Contracting Officer shall include the originals of all rejected bids/proposals, and any written findings with respect to the rejections in the contract file.

5318.11 If the Contracting Officer determines that it is necessary to reject all bids/proposals, the Contracting Officer shall notify each bidder/proposer that all bids/proposals have been rejected and shall state the reason for the action.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999).

21 DCMR § 5319 UNSOLICITED BIDS/PROPOSALS

5319.1 A Contracting Officer shall consider unsolicited bids/proposals that are innovative and provide unique methods or approaches. However, unsolicited bid/proposals may be competitively bid if deemed by the Contracting Officer to be in the best interest of WASA.

5319.2 The Contracting Officer shall return an unsolicited bid/proposal to an offeror, citing reasons, when its substance meets the following criteria:

(a) It is available to WASA without restriction from another source;

(b) It closely resembles a pending competitive requirement;

5319.3 The Contracting Officer may commence negotiations with the author of the unsolicited proposal only when the unsolicited proposal is not disqualified under Section 5319.2.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999).

21 DCMR § 5320 Contractor Debarment and Suspensions

5320.1 The Authority has the authority to suspend or debar contractors for cause.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999); as amended by Final Rulemaking published at 56 DCR 4484 (June 12, 2009).

21 DCMR § 5321 MINOR DEFICIENCIES IN BIDS OR PROPOSALS

5321.1 A Contracting Officer shall give the successful bidder/proposer an opportunity to resolve minor deficiencies in bids and proposals prior to the award.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999).

21 DCMR § 5322 BID AND PROPOSAL EVALUATION

5322.1 The Contracting Officer shall determine whether a prospective contractor is responsible, whether a bid/proposal is responsive and whether the prices offered are reasonable and present the best value to WASA.

5322.2 Prompt payment discounts shall not be considered in the evaluation of bids/proposals.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999).

21 DCMR § 5323 BID/PROPOSAL EVALUATION FACTORS

5323.1 Bids and proposals shall be evaluated by utilizing only those factors that have an impact on the selection decision.

5323.2 While the lowest price or lowest total cost to WASA may be an important factor in most procurements, WASA may select the source whose bid/proposal offers the greatest value to WASA in terms of technical merit and other factors stated in the solicitation.

5323.3 Each bid/proposal will be evaluated in accordance with evaluation criteria stated in the solicitation. A bid/proposal shall not be evaluated for any criterion that is not disclosed in the solicitation.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999).

21 DCMR § 5324 PROPOSAL EVALUATION COMMITTEES

5324.1 The General Manager or his or her designee may appoint one or more permanent or ad hoc proposal evaluation committees, which shall be composed of individuals with technical knowledge related to a solicitation.

5324.2 Members serving on a proposal evaluation committee shall not have any financial interest in the solicitation.

5324.3 The proposal evaluation committee shall perform the following functions under the general direction of the Contracting Officer:

(a) Evaluate the firms or individuals in accordance with objective selection criteria as contained in the solicitation;

(b) May hold discussions with firms and individuals concerning their proposals for furnishing the required services; and

5324.4 A Contracting Officer shall have discretion to eliminate any bidder/proposer from consideration at any time.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999).

21 DCMR § 5325 SPECIAL PROVISIONS APPLICABLE TO ARCHITECT-ENGINEERING (A-E) SERVICES

5325.1 A Contracting Officer shall publicize all requirements for architect-engineer services and negotiate contracts for these services on the basis of demonstrated competence and qualifications for the services required and at a fair and reasonable price as determined by the Contracting Officer. A Contracting Officer shall select a consultant for architect-engineer services in accordance with the provisions of this section.

5325.2 When procuring architect-engineer services, the General Manager may appoint one (1) or more permanent or ad hoc architect-engineer proposal evaluation committees which shall be composed of members who collectively have experience in architecture, engineering, construction and WASA procurement procedures.

5325.3 No architect-engineering firm shall be eligible for an award for an architect-engineer contract during the period in which any of its principals or associates are participating as members of an architect-engineer evaluation committee.

5325.4 The Contracting Officer shall receive and maintain data on firms that request to be considered for WASA architect-engineering services and may refer this data to an architectural-engineering evaluation committee for review, recommendation and comment.

5325.5 The Contracting Officer shall negotiate a contract with the highest qualified firm that in the Contracting Officer's judgment will provide the best value to WASA.

5325.6 The Contracting Officer shall under the direction of the General Manager:

(a) Negotiate a contract with the firm determined by the Contracting Officer to have demonstrated the required competence and qualification and which has offered a fair and reasonable price. In making these determinations, the Contracting Officer shall take into account the estimated value of the services to be rendered, the scope, complexity, and professional nature of the services to be provided.

(b) Should the Contracting Officer be unable to negotiate a satisfactory contract with the firm considered to be the most qualified at a fair and reasonable price, negotiations with that firm should be formally terminated. The Contracting Officer should then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the Contracting Officer should then undertake negotiations with the next most qualified firm.

(c) Should the Contracting Officer be unable to negotiate a satisfactory contract with any of the three most qualified firms, he or she may negotiate with other qualified firms until an agreement is reached or until the Contracting Officer makes a written determination that future negotiations are not in the best interest of WASA.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999).

21 DCMR § 5326 RESOLVING TIE BIDS

5326.1 Contracts shall be awarded by the drawing of Lots when two (2) or more low bids/proposals are equal in all respects.

5326.2 The drawing shall be witnessed by at least three (3) persons. The contract file shall contain the names and addresses of the witnesses and the person supervising the drawing.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999).

21 DCMR § 5327 TWO-STEP SEALED BIDDING AND PROPOSALS

5327.1 The two-step sealed bidding method may be used for procurements requiring technical proposals, for complex items, and when the Contracting Officer determines that proposers should be prequalified.

5327.2 The Contracting Officer shall conduct the two-step sealed bidding method as follows:

(a) The first step consists of solicitation of technical proposals or qualification statements, evaluation of proposals or qualifications statements, and if it is determined to be necessary by the Contracting Officer, discussion with those who have submitted proposals or qualification statements.

(b) The second step involves the submission of a sealed price bid by those who submitted proposals or qualifications statements determined to be acceptable by the Contracting Officer.

5327.3 The Contracting Officer shall not request and submitters shall not submit, price or price information in step one of Section 5327.2.

5327.4 The Contracting Officer shall determine the acceptability of the proposals or qualification statements which are offered through clarification and discussion utilizing criteria set forth in the solicitation.

5327.5 The Contracting Officer shall make awards in accordance with the best interest of WASA, including price.

5327.6 A multi-year contract requirement shall not preclude the use of two-step bidding.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999).

21 DCMR § 5328 DISCLOSURES BEFORE AWARD

5328.1 In the case of competitive sealed bid procurements, a Contracting Officer may communicate with bidders to resolve apparent minor mistakes or irregularities for the purposes of clarification and not discussion. If the Contracting Officer concludes that resulting communication prejudices the interest of other bidders, the Contracting Officer shall not make an award without communication with all bidders.

5328.2 The Contracting Officer shall not, after receipt of proposals, make an information contained in proposals or the number or identity of proposers available to the public.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999).

21 DCMR § 5329 CONTRACT AWARDS

5329.1 The Contracting Officer shall make a contract award by written notice within the time for acceptance specified in the bid/proposal or an extension.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999).

21 DCMR § 5330 Methods of Procurement

5330.1 Authority procurements shall be conducted using a method or combination of methods, which:

Serve the Authority’s interest considering price, delivery, quality, effect on the Authority’s operation and services, and other factors affecting the Authority’s interests; and

Deal fairly with offerors and contractors.

5330.2 The Authority may use any of the following methods of procurement:

Sealed Bids;

Competitive Proposals;

Small Purchases;

Commercial Item Purchases;

Expedited Purchases;

Limited Competition Purchases;

Joint Procurements;

Rider Procurements;

General Services Administration Schedule Purchases;

Micro-Purchases; or

Unsolicited Proposals.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999); as amended by Final Rulemaking published at 56 DCR 4484 (June 12, 2009).

21 DCMR § 5331 Competitive Procurement Methods

5331.1 The sealed bid method includes publicizing the solicitation, issuing an Invitation for Bids (“IFB”), and the receipt of bids. The Authority may award a contract to the responsible bidder who submits the lowest responsive bid. The sealed bid method may be used if:

There is an adequate and realistic specification or purchase description available;

The award will be made on the basis of price and other price-related factors;

It is not necessary to conduct discussions with the responding offerors about their bids; and

There is a reasonable expectation of receiving more than one sealed bid.

5331.2 The competitive proposal method includes both one-step and two-step proposal processes.

The one-step process entails:

The publicizing of the solicitation;

The issuance of a Request for Proposals (“RFP”); and

The receipt of proposals.

The two-step process entails:

The publicizing of the solicitation;

The issuance of a Request for Qualifications (“RFQ”);

The receipt of Statements of Qualifications from interested offerors;

The issuance of an RFP to a shortlist of offerors that have responded to the RFQ and are deemed most qualified; and

The receipt of proposals.

Under either process, the Authority may negotiate with offerors and seek revised offers. This procurement method may include a Request for Information or an Expression of Interest before the RFP or RFQ is publicized.

In competitive proposal procurement, the Authority may award a contract to the offeror whose proposal is most advantageous to the Authority.

The competitive proposal method may be used when time permits the solicitation, submission, and evaluation of proposals in one or more steps and one or more of the following circumstances apply:

There is not a complete, adequate, and realistic specification or purchase description available;

The award will be made on the basis of criteria in addition to price or price-related factors;

It may be necessary to conduct discussions with the responding offerors about their proposals; or

There is a reasonable expectation of receiving more than one Statement of Qualifications and/or proposal.

5331.3 All architectural and engineering (“A/E”) services that are required to be performed by licensed, registered or certified professionals shall be procured on the basis of demonstrated competence and qualifications. After the A/E offeror has been selected, price shall be discussed. The Authority shall exclude an offeror from consideration if the parties cannot agree on a fair and reasonable price. This subsection shall not apply in the procurement of design-build services, or for any project delivery method in which the anticipated cost of A/E services is less than fifty percent (50%) of the anticipated cost of the project as a whole.

5331.4 The Authority may use multistep methods of procurement including, but not limited to, any combination of competitive methods such as the two-step sealed bidding and the advisory multi-step methods.

5331.5 The small purchases method is used for procurements with an estimated value less than the threshold established in the DC WASA Procurement Manual. Small purchases may be made considering price and the best interests of the Authority after seeking quotations from at least two sources.

5331.6 The small purchases method may be used for any purchases of commercial items.

5331.7 The small purchases method may be used for any purchases when time is of the essence (expedited purchases). Offers shall be sought from two or more sources and purchases may be made considering price and other factors.

5331.8 Competition may be limited to selected sources when it is determined that there are limited sources of supply to fulfill the Authority’s requirements.

5331.9 The Authority may use the following procurement methods with other agencies:

Joint Procurement: The Authority may participate in, sponsor, conduct, or administer a joint procurement agreement with one or more public bodies to increase efficiency or reduce administrative expenses.

Rider Procurements: The Authority may purchase goods and services including construction if:

(1) A public body has entered into a contract for goods or services including construction according to general principles of competitive procurement; and

(2) The Authority is named or otherwise described in the list of agencies that may purchase under the contract.

General Services Administration Schedule Purchases: The Authority may purchase goods or services including construction under schedule contracts awarded by the General Services Administration.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999); as amended by Final Rulemaking published at 56 DCR 4484 (June 12, 2009).

21 DCMR § 5332 Exemptions

5332.1 The following procurements may be made without competition and are not subject to the competitive requirements set forth in § 5331.

5332.2 Micro-purchases: Procurements at or under the threshold for micro-purchases established in the DC WASA Procurement Manual may be made without competition.

5332.3 Sole Source: Goods and services, including construction, that are available from only one vendor or contractor (sole source) may be purchased without competition. Circumstances where sole source purchasing is permitted include, but are not limited to:

Specific replacement parts or components for equipment;

Equipment upgrade and repair, repair services, or parts unavailable from any other source except the original equipment manufacturer or its designated service representative;

Upgrade to existing software, available only from the producer of the software who sells only on a direct basis;

When there is a need to standardize equipment, or to facilitate the interoperability of equipment or systems;

When there is substantial duplication of costs to the Authority that is not expected to be recovered through competition;

Utility services, when from only one source; or

Intellectual property rights that are owned or controlled by one source and made available through that source. These rights would include patents, copyrights, licenses, secret processes, material monopolies or other established rights that affect distribution of goods and services.

5332.4 Categorical Exemptions: The following categories of purchases are exempt from the competitive procurement methods and may be purchased without competition:

Purchase, rent or lease of land or other interest in real property;

Memberships, films, manuscripts, publications, educational services;

Personal property sold at an auction by a licensed auctioneer;

Personal property or services provided by another public entity, agency or Authority;

Legal services;

Research programs;

Advertisements in newspapers or other publications;

(h) Intergovernmental agreements and cooperative agreements with other institutions where the primary purpose is not the purchase of goods, services or construction;

(i) Travel services; and

(j) The following services provided by the Metropolitan Washington Council of Governments:

(1) Services and equipment related to pollution control measures and water quality management required by the Blue Plains Intermunicipal Agreement;

(2) Studies, including modeling and water sampling for the purpose of validating assumptions on the effect of pollutants discharged into the Potomac River and its tributaries by wastewater treatment facilities; and

(3) Specialized security equipment for detection of chemical, biological and radiological contaminants in the waterways.

5332.5 Emergency Procurements: Emergency Procurements may be made without competition. An emergency is a situation which creates an immediate need for goods or services, including construction, that cannot be met through normal procurement methods because the lack of these goods or services or construction would seriously threaten any of the following:

The health or safety of any person;

The preservation or protection of property;

The continuation of necessary governmental functions; or

The Authority’s compliance with legal requirements.

5332.6 The General Manager, or designee may approve a non-competitive procurement on an emergency basis which does not otherwise comply with the requirements of the Regulations if the procurement is essential for:

Preventing or avoiding an imminent emergency; or

Responding to, mitigating or resolving an existing emergency condition.

5332.7 In case of an emergency procurement under this Section, a contractor may be given a verbal authorization by the Contracting Officer to proceed, provided that a written contract or modification is executed as soon thereafter as is reasonably practicable.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999); as amended by Final Rulemaking published at 56 DCR 4484 (June 12, 2009); as amended by Final Rulemaking published at 56 DCR 7545 (September 18, 2009).

21 DCMR § 5333 Unsolicited Proposals

5333.1 The Authority will review unsolicited proposals and consider the feasibility of their implementation. An unsolicited proposal is one which:

Is innovative or unique;

Is independently originated and developed by the offeror;

Is prepared without the Authority’s supervision;

Includes sufficient detail to permit a determination that the proposed product, services or work could benefit Authority’s mission or allow it to meet its responsibilities; and

Is not an advance proposal for a known or anticipated Authority requirement that can be procured by competitive methods.

5333.2 Unsolicited proposals may be the basis of a competitive procurement if deemed to be in the best interest of the Authority.

5333.3 An offeror may designate portions of its proposal to be confidential if they include proprietary information or contain sensitive personnel information.

5333.4 An unsolicited proposal shall be returned to an offeror, citing reasons, when the proposal:

Does not meet the criteria in § 5333.1; or

Is not deemed to be advantageous to the Authority.

5333.5 Acceptance of an unsolicited proposal may be recommended to the General Manager, who may accept it or reject it.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999); as amended by Final Rulemaking published at 56 DCR 4484 (June 12, 2009).

21 DCMR § 5334 Requests Before Soliciting Offers

5334.1 Prior to publicizing a solicitation of offers, the Authority may, when applicable and in consideration of its best interests, publicize and issue Requests for Information or an Expression of Interest.

5334.2 The Authority may publicize the solicitation and issue Requests for Qualifications from prospective offerors before soliciting offers under any method of procurement. In such case, the Authority may limit its solicitation of offers only to firms that submit a response or only to those firms that submit a response and are deemed most qualified.

5334.3 If the IFB or RFP is issued only to selected firms, further publicizing the IFB or RFP is not required.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999); as amended by Final Rulemaking published at 56 DCR 4484 (June 12, 2009).

21 DCMR § 5335 Dividing Procurements Prohibited

5335.1 Procurements shall not be divided as a means to circumvent the competitive process, or to avoid the procedures applicable to procurements of greater value.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999); as amended by Final Rulemaking published at 56 DCR 4484 (June 12, 2009).

21 DCMR § 5336 CONTRACT MODIFICATIONS AND CHANGE ORDERS

5336.1 Only WASA employees acting within the scope of his or her written delegated authority are authorized to execute contract modifications or change orders on behalf of WASA.

5336.2 Contract modifications and change orders must be within the scope of the original contract.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999).

21 DCMR § 5337 NOVATION, CHANGE OF NAME

5337.1 A request by a contractor to recognize a successor in interest or change in name shall be submitted in writing to the Contracting Officer.

5337.2 The Contracting Officer shall investigate the request and determine whether it is in the best interest of WASA to recognize the proposed successor in interest.

5337.3 WASA contractors shall cooperate fully with the Contracting Officer and assist the Contracting Officer in making the determination required in Section 5337.2.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999).

21 DCMR § 5338 DEBARMENT

5338.1 The General Manager may appoint one or more debarment official(s). The debarment official(s) may debar a contractor for a conviction of or a civil judgment for:

(a) Commission of fraud or a criminal offense in connection with (i) obtaining (ii) attempting to obtain, or (iii) performing a public contract or subcontract;

(b) Violation of federal, state, or District of Columbia antitrust statutes relating to the submission of offers;

(c) Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; or

(d) Commission of any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of a WASA contractor or subcontractor.

5338.2 The debarment official may debar a contractor based upon a preponderance of the evidence, for:

(a) Serious violation of the terms of a WASA, federal, District of Columbia, or any state or local jurisdiction contract or subcontract, including, by way of example and not limitation:

Willful failure to perform in accordance with the terms of one or more contracts; or
A failure to perform, or unsatisfactory performance of one or more WASA contracts; or
Willful failure to pay subcontractors for work performed on any WASA contract; or
Willful failure to implement MBE, WBE, LSDBE participation goals.

(b) Current debarment in the District of Columbia or any federal, state or local jurisdiction.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999).

21 DCMR § 5339 DEBARMENT PROCEDURES

5339.1 The debarment official must provide a written notice to the Contractor proposed for debarment and its known affiliates by certified mail, return receipt requested. The debarment official shall coordinate with General Counsel and notify the General Manager prior to the release of the written notice to the Contractor. The written notice of proposal to debar shall include the following information:

a) That debarment is being considered;

b) The reasons for the proposed debarment in terms sufficient to put the contractor on notice of the conduct or transaction(s) upon which it is based;

c) WASA's procedures governing debarment decision making;

d) The effect of the issuance of the notice of proposed debarment;

e) The potential effect of an actual debarment; and

f) That within 30 days after receipt of the notice, the contractor may submit in person, in writing, or through a representative, information and argument in opposition to the proposed debarment, including any additional specific information that raises a genuine dispute over the material facts.

5339.2 In debarment actions not based upon a conviction or civil judgment, if it is determined that a genuine dispute over material facts exists, WASA will:

(a) Afford the contractor an opportunity to appear with counsel, submit documentary evidence, present witnesses, and confront any person the agency presents; and

(b) Make a transcribed record of the proceedings and make it available at cost to the contractor upon request, unless the contractor and WASA, by mutual agreement, waive the requirement for a transcript.

5339.3 In actions in which proceedings are necessary to determine disputed material facts, the debarment official shall prepare written findings of fact. The debarment official shall base the decision on the facts as found, together with any information and argument submitted by the contractor and any other information in the administrative record. In addition:

(a) The debarment official may refer matters involving disputed material facts to another official for findings of fact, and may reject any such findings in whole or in part only after specifically determining them to be arbitrary and capricious or clearly erroneous.

(b) The debarment official's decision shall be made after the conclusion of the proceedings with respect to disputed facts.

(c) In any action in which the proposed debarment is not based upon a conviction or civil judgment, the cause for debarment must be established by a preponderance of the evidence.

5339.4 In debarment actions based on a conviction or civil judgment, or in which there is no genuine dispute over material facts, the debarment official will make a decision based on all the information contained in the administrative record and advice of the General Counsel.

5339.5 If the debarment official decides to impose debarment, the contractor and any affiliates involved shall be given prompt notice by certified mail return receipt requested. The notice shall: (i) refer to the notice of proposed debarment; (ii) specify the reasons for the debarment; and (iii) state the period of debarment.

5339.6 If debarment is not imposed, the debarment official shall promptly notify the contractor and any affiliates involved by certified mail, return receipt requested.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999).

21 DCMR § 5340 Contract Types and Project Delivery Methods

5340.1 Contracts may be of any type or combination of types except as prohibited in § 5340.3. All contracts, except as provided in § 5332.7 for emergencies, shall be in writing.

5340.2 Each solicitation shall clearly indicate the type or types of contract that will be used for the specific procurement.

5340.3 The use of cost plus a percentage of cost contracts is prohibited.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999); as amended by Final Rulemaking published at 56 DCR 4484 (June 12, 2009).

21 DCMR § 5341 Project Delivery Methods

5341.1 The Authority may select and employ a project delivery method determined to be appropriate to the specific contract and to serve the Authority’s interests.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999); as amended by Final Rulemaking published at 56 DCR 4484 (June 12, 2009).

21 DCMR § 5342 SUSPENSION - DEFINED

5342.1 Suspension is a serious action to be imposed on the basis of adequate evidence, pending the completion of investigation or legal proceedings when it has been determined that immediate action is necessary to protect WASA's interests. The General Manager may appoint more than one suspension official. The suspension official may suspend a contractor upon a preponderance of adequate evidence of:

(a) Commission of fraud or a criminal offense in connection with (i) obtaining; (ii) attempting to obtain, or (iii) performing a public contract or subcontract;

(b) Indictment for any of the causes stated in Section 5338;

(d) If WASA has initiated debarment proceedings;

(e) Any other cause of such a serious or compelling nature that it affects the present responsibility of a WASA contractor.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999).

21 DCMR § 5343 SUSPENSION PROCEDURES

5343.1 Following the imposition of suspension, contractors may submit in person, in writing or through a representative, information and argument to the suspension official in opposition to the suspension. In actions not based on indictment, if it is found that the contractor's submission in opposition raises a genuine dispute over facts material to the suspension, WASA shall:

(a) Afford the contractor an opportunity to appear with counsel, submit documentary evidence, present witnesses, and cross examine any person the WASA presents; and

(b) Make a transcribed record of the proceedings and make it available at cost to the contractor upon request, unless the contractor and the agency, by mutual agreement, waive the requirement for a transcript.

5343.2 When a contractor is suspended, the contractor shall be immediately notified of the suspension by certified mail, return receipt requested. The notice of suspension will include the following information:

(a) That the contractor has been suspended and that the suspension is based on an indictment or other adequate evidence that the contractor has committed irregularities of a serious nature in business dealings with WASA that call into question the propriety of further WASA dealings with the contractor. Any such irregularities shall be described in terms sufficient to place the contractor on notice without disclosing the evidence developed by WASA;

(b) That the suspension is for a temporary period pending the completion of an investigation and such legal proceedings as may ensue;

(d) Of the effect of the suspension;

(e) That, within 30 days after receipt of the notice, the contractor may submit, in person, in writing, or through a representative, information and argument in opposition to the suspension, including any additional specific information that raises a genuine dispute over the material facts; and

(f) That additional proceedings to determine disputed material facts will be conducted unless the action is based on an indictment.

5343.3 In suspension actions (i) based on an indictment, or (ii) where the contractor's submission does not raise a genuine dispute over material facts. The suspension official's decision shall be based on all information in the administrative record, including any submission made by the contractor.

5343.4 In actions in which proceedings are necessary to dispute material facts, the suspension official shall prepare written findings of fact. The suspension official shall base the decision on the facts as found, together with any information and argument submitted by the contractor and any other information in the administrative record.

5343.5 The suspension official may refer matters involving disputed material facts to another official for findings of fact. The suspension official may reject any such findings, in whole or in part, only after specifically determining them to be arbitrary and capricious or clearly erroneous.

5343.6 The suspension official's decision shall be made after the conclusion of the proceedings with respect to disputed facts.

5343.7 The suspension official may modify or terminate the suspension or leave it in force.

5343.8 Prompt written notice of the suspension official's decision shall be sent to the contractor and any affiliates involved, by certified mail, return receipt requested.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999).

21 DCMR § 5344 PERIOD OF SUSPENSION

5344.1 Suspension shall be for a temporary period pending the completion of investigation and any ensuing legal proceedings unless sooner terminated by the suspension official.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999).

21 DCMR § 5345 CERTIFICATION REGARDING DEBARMENT OR INELIGIBILITY

5345.1 The Contracting Officer will assure compliance with these regulations by requiring contractor and subcontractor to submit certifications regarding debarment or ineligibility.

5345.2 When a prospective contractor, contractor or subcontractor indicates on its certificate an indictment, charge, civil judgment, conviction, suspension, debarment, proposed debarment, ineligibility, or default of a contract, the Contracting Officer shall:

(a) Request such additional information from the bidder/proposer, as the Contracting Officer deems necessary in order to make a determination of the bidder's responsibility.

(b) Notify the debarment official prior to proceeding with award where a bidder indicates the existence of an indictment, charge, conviction, or civil judgment.

5345.3 Persons and entities that do not furnish such information as may be requested by the Contracting Officer shall be given an opportunity to remedy the deficiency. Failure to furnish the certification or such information may render the bidder, proposer, offeror, contractor, or prospective contractor non-responsive.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999).

21 DCMR § 5346 CLAIMS AGAINST WASA

5346.1 Contractors shall attempt to resolve all disputes by discussion and agreement with the Contracting Officer before filing a written claim. If a contractor is unable to resolve a dispute arising under or relating to a contract through informal discussions, the contractor may file a written claim with the Contracting Officer in accordance with this section.

5346.2 The contractor's claim shall be in writing, shall be delivered in person or mailed by certified mail, return receipt requested, to the Contracting Officer, and shall contain at a minimum:

(a) A description of the claim and the amount in dispute;

(b) A copy of the contract and pertinent plans, specifications, modifications, supplemental agreements, addenda, change orders, other exhibits, correspondence, and any other data material to the claim;

(c) A description of the factual basis of the claim and the Contracting Officer's or contractor's efforts to resolve the dispute prior to filing the claim; and

(d) A recommendation for action or request for relief.

5346.3 The contractors' claim shall be filed within (30) calendar days from the date of the occurrence of the event-giving rise to the claim.

5346.4 If the claim is not resolved by mutual agreement, the Contracting Officer shall issue a written decision on the claim within sixty (60) calendar days after the receipt of the claim.

The Contracting Officer's written decision shall:

(a) Grant or deny the contractor's claim, in whole or in part;

(b) Give the reasons for the Contracting Officer's decision;

(c) Inform the contractor of the right to seek further redress by requesting a hearing and decision by the General Manager;

(d) Specifically indicate that the written document is the Contracting Officer's final decision.

5346.5 The Contracting Officer's decision shall be delivered or mailed by certified mail, return receipt requested, to the contractor.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999).

21 DCMR § 5347 CLAIMS FILED WITH THE GENERAL MANAGER

5347.1 If a contractor's claim against WASA is not resolved to the satisfaction of the contractor under Sections 5346 or 5352, the contractor may file the claim with the General Manager:

(a) Within thirty (30) calendar days after the receipt of the Contracting Officer's written decision; or

(b) Ten (10) calendar days after the expiration of the time for a decision by the Contracting Officer under Section 5346.

5347.2 The contractor's claim shall be in writing, shall be delivered in person or mailed by certified mail, return receipt requested, to the General Manager, and shall contain at least the following:

(a) A description of the claim and the amount in dispute;

(b) Any data or other information in support of the claim;

(d) The contractor's request for relief.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999).

21 DCMR § 5348 HEARINGS

5348.1 A hearing may be conducted in accordance with this section.

5348.2 The General Manager may conduct the hearing or may appoint a Claims Officer or Hearing Examiner to conduct the hearing.

5348.3 If the General Manager determines that a hearing is necessary, the hearing shall be conducted as soon as practicable after the claim is received. In claims involving one hundred thousand dollars ($ 100,000) or less, unless the General Manager extends the time period pursuant to Section 5348.5, a final decision shall be rendered no later than sixty (60) calendar days after receipt of the claim by the General Manager. This initial sixty (60) calendar day period shall be the "Initial Decision Period". In claims involving more than one hundred thousand dollars ($ 100,000), the Initial Decision Period shall be (90) calendar days after receipt by the General Manager.

5348.4 Except as provided in Section 5348.5, the General Manager shall issue a final decision within the applicable Initial Decision Period.

5348.5 The General Manager may, upon application of any party to the claim, or on his or her own initiative, extend the time period for final decision. The decision to extend time must be made in a written finding delivered to all parties to the claim. The finding must be based on credible evidence that it is not practicable to render a decision within the Initial Decision Period because of a compelling reason. This compelling reason shall be stated in the decision.

5348.6 A failure by the General Manager to issue a decision on a contract claim within the applicable Initial Decision Period or any extension thereof, will be deemed to be a denial of the claim.

5348.7 The General Manager, Claims Officer or Hearing Examiner shall give the contractor and the Contracting Officer at least fifteen (15) calendar days notice of the time and place scheduled for the hearing. The notice shall be in writing by certified mail, return receipt requested.

5348.8 The contractor may be accompanied or represented at the hearing by legal counsel or other person chosen by the contractor and may submit documentary evidence, present witnesses, and cross examine any person that WASA presents.

5348.9 WASA shall make a transcribed record of the proceedings and make it available at cost to the contractor upon request, unless the contractor and WASA, by mutual agreement, waive the requirement for a transcript.

5348.10 Upon request of any party, the General Manager, Claims Officer, or Hearing Examiner shall close the hearing to the public during any portion of the hearing that proprietary information is presented or discussed.

5348.11 The General Manager, Claims Officer, or Hearing Examiner shall have full authority to rule upon matters of evidence and the conduct of the hearing. The General Manager, Claims Officer or Hearing Examiner may, in his or her discretion, appoint mediators and require informal, non-binding mediation between the parties before issuing a final recommendation.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999).

21 DCMR § 5349 DECISION OF THE GENERAL MANAGER

5349.1 If a Claims Officer or Hearing Examiner conducts the hearing, the Claims Officer or Hearing Examiner shall make a written recommendation to the General Manager.

5349.2 The final decision of the General Manager shall be based upon the contract file, other documents filed by the parties, and the testimony and evidence presented at the hearing and be in accordance with applicable laws and regulations.

5349.3 The final written decision of the General Manager shall include the following:

(a) A description of the claim or dispute;

(b) Reference to the pertinent contract terms;

(d) A determination granting or denying the claim, in whole or in part, with the reasons for the determination;

(e) If all or any part of the claim is determined to be valid, a determination of the amount of monetary settlement, the contract adjustment to be made, or other relief to be granted; and

(f) A notice that the decision is final.

5349.4 The General Manager's decision shall be delivered or mailed by certified mail, return receipt requested to the contractor and a copy of the decision shall be provided to the Contracting Officer.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999).

21 DCMR § 5350 Protests

5350.1 The procedures in §§ 5351 through 5353 shall govern protests.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999); as amended by Final Rulemaking published at 56 DCR 4484 (June 12, 2009).

21 DCMR § 5351 Filing

5351.1 An offeror protesting an award decision is required to file the protest with the Contracting Officer within five (5) calendar days of when the protester knew or should have known of the facts and circumstances upon which the protest is based. Only bidders/proposers may file a protest.

5351.2 Protests against issues other than an award decision, including protests directed to the terms, conditions, or form of a proposed procurement action, shall be received by the Authority through delivery of the written protest to the Contracting Officer not later than ten (10) calendar days prior to the date established for opening of bids or receipt of proposals, except that an initial protest that arises under an amendment to a solicitation or invitation to bid shall be filed up to four (4) calendar days after the date the amendment was issued but in no case after the time established for opening of bids or receipt of proposals. Such protests may be filed by any potential offeror.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999); as amended by Final Rulemaking published at 56 DCR 4484 (June 12, 2009).

21 DCMR § 5352 Process

5352.1 Solicitations issued by the Authority shall inform prospective offerors of the applicable protest and appeal process. For all other Authority procurement actions, the applicable protest and appeal process will be specified in the DC WASA Procurement Manual.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999); as amended by Final Rulemaking published at 56 DCR 4448 (June 12, 2009).

21 DCMR § 5353 Continuation

5353.1 During resolution of a protest, all procurement activities and, where applicable, contractor performance, shall continue unless the Contracting Officer determines there is a reason to suspend or delay all or part of the procurement activities and/or contractor performance.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999); as amended by Final Rulemaking published at 56 DCR 4484 (June 12, 2009).

21 DCMR § 5354 TERMINATION OF SUBCONTRACTS

5354.1 Upon termination of a prime contract for convenience, default, or any other reason, the prime contractor and each subcontractor shall be responsible for the prompt settlement with their immediate subcontractors. A subcontractor shall have no contractual rights against WASA upon termination of the prime contract.

5354.2 The failure of a prime contractor to include an appropriate termination clause in any subcontract or the failure of the contractor to exercise the rights of the termination clause shall not affect WASA's right to require the termination of the subcontract.

5354.3 In no event shall WASA be required to pay the prime contractor any amount for loss of anticipatory profits or consequential damages resulting from the termination of any subcontractor.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999).

21 DCMR § 5355 TERMINATION FOR DEFAULT

5355.1 WASA shall not be liable for the contractor's costs on undelivered work, and shall be entitled to the repayment of advance or progress payments, if any, applicable to that work.

5355.2 WASA shall pay to the contractor the contract price for any completed work, services or supplies and the amount agreed upon by the Contracting Officer and contractor for any manufacturing materials acquired by WASA. However, before such payment is made, the Contracting Officer shall protect WASA from liability to laborers and material suppliers, and may withhold from the amount due for services, supplies, or materials, any amount the Contracting Officer determines necessary to protect WASA's interest.

5355.3 The contractor shall be liable to WASA for any excess cost incurred in reprocuring supplies or materials similar to those to be obtained under the contract terminated for default, and for any other damages, whether or not repurchase is effected.

5355.4 If after consideration of all the facts and circumstances, the Contracting Officer determines that a termination for default is proper, the Contracting Officer shall issue a notice of termination.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999).

21 DCMR § 5356 MANDATORY ENFORCEMENT OF LIQUIDATED DAMAGE CLAUSE IN CONSTRUCTION CONTRACTS

5356.1 The Contracting Officer shall include a liquidated damage clause in all construction contracts which are estimated to exceed one hundred thousand dollars ($ 100,000) and shall enforce all such clauses.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999).

21 DCMR § 5357 CONSTRUCTION CONTRACTS WITH ARCHITECT-ENGINEERING FIRMS

5357.1 Except as provided in 5357.2, a Contracting Officer shall not award a contract for the construction of a project to the firm that designed the project or to the firm's, subsidiaries or affiliates without the prior written approval of the General Manager.

5357.2 If a proposed construction contract will use a design build or turnkey method of construction, the Contracting Officer may award the construction contract to an affiliate of the architect-engineer firm that designed the project.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999).

21 DCMR § 5358 PROPRIETARY AND CONFIDENTIAL INFORMATION

5358.1 No WASA employee or authorized agent shall disclose proprietary or confidential information which has been properly designated to any person other than WASA employees who need access to the information as part of their duties in connection with the procurement process.

5358.2 If the contractor collects, retains or has in its possession any document, record or other information obtained in the performance of a WASA contract, the contractor shall not disclose the document, record, or other information to any person other than an authorized WASA employee or agent.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999).

21 DCMR § 5359 PATENT RIGHTS

5359.1 WASA shall have the right to receive title to any invention made in the performance of a contract unless the contract provides otherwise. If the contract extends a limited right to the contractor WASA shall have the right nevertheless to receive title in the following circumstances:

(a) If the contractor does not disclose the intention to acquire patent rights within the time specified in the contract;

(b) In any instance where the contractor does not elect to retain rights or fails to elect to retain rights to the invention within the time specified in the contract;

(d) In any instance where the contractor decides not to continue prosecution of a patent application, pay maintenance fees, or defend in a re-examination or opposition proceeding on the patent; or

(e) In any instance where the contractor no longer desires to retain title.

5359.2 For purposes of this section, an invention is made in the performance of work under a WASA contract if it is conceived or first actually reduced to practice in the performance of work under a WASA contract.

5359.3 For purposes of this section, an invention is any device, process, design or other discovery that is or may be patentable or otherwise entitled to protection under Title 35 of the United States Code.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999).

21 DCMR § 5360 Mandatory Contract Clauses

5360.1 All Authority purchase contracts above the level of small purchases shall include clauses for “Changes”, “Termination for Convenience” and “Termination for Default”, in addition to clauses and provisions applicable to the type of solicitation or contract.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999); as amended by Final Rulemaking published at 56 DCR 4484 (June 12, 2009).

21 DCMR § 5361 CONTRACT DISPUTE RESOLUTION

5361.1 WASA shall attempt to resolve all contract disputes arising under, or relating to, contracts by mutual agreement after informal discussions have taken place between the contractor and WASA.

5361.2 The Contracting Officer shall consider the advisability of including a disputes resolutions clause in all contracts. Dispute resolution clauses may require alternate dispute resolution.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999).

21 DCMR § 5362 CONTRACT COMPLIANCE

5362.1 WASA, its contractors and subcontractors shall ensure compliance with all applicable District of Columbia, state and federal laws and regulations.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999).

21 DCMR § 5370 Business Development Programs

5370.1 The Authority will employ reasonable efforts to increase the opportunity for participation of eligible local and small business enterprises in its contracting and procurement activities.

5370.2 Pursuant to the requirements applicable to the receipt of federal grants and other financial assistance, the Authority will implement programs designed to increase participation by federally-designated business enterprises.

5370.3 A Business Development Plan implementing these programs will be submitted by the General Manager for approval by the Board.

History

SOURCE: Final Rulemaking published at 56 DCR 4484 (June 12, 2009).

21 DCMR § 5380 Protecting the Environment

5380.1 It is a fundamental principle of the Authority that it will respect and manage our finite natural resources. Accordingly, the Authority will plan and conduct its procurement as an environmental steward. The Authority recognizes that how it carries out its environmental stewardship will have effects on a regional and global scale.

History

SOURCE: Final Rulemaking published at 56 DCR 4484 (June 12, 2009).

21 DCMR § 5399 DEFINITIONS

5399.1 When used in the Regulations, the following words and phrases shall have the meanings ascribed:

Bid – An offer to furnish goods and services including construction in conformity with and in response to specifications, delivery terms and conditions, and other requirements included in an Invitation For Bids (IFB).

Commercial Items – Items sold to the general public in the course of normal business operations that are competitively priced and based on established catalogue or market prices. Commercial products may include corresponding services for the installation, repair or maintenance associated with the item.

Contracting Officer – The General Manager and any other employee designated by the General Manager, possessing written and express authority to bind the Authority in specified contract matters.

Contracting Officer’s Technical Representative (COTR) – An employee appointed in writing by a Contracting Officer to perform specified technical and administrative functions as are detailed in the appointment.

Construction – Activity that involves the construction, alteration, or repair (including dredging, excavating, and painting) of buildings, structures, or other real property. This activity is distinguished from manufacturing, furnishing of goods, or services and maintenance work. Construction does not include work from which the final product is exclusively personal property.

Ethics – Practices or requirements pertaining to appropriate conduct or motives that conform to professional standards of conduct.

Expression of Interest – A process used to identify potential offerors that might be interested in an upcoming procurement, and/or invite comment from companies with expertise and experience in the matter that will benefit the development of the specifications or statement of work.

Full and Open Competition – A manner of conducting procurements in which all responsible sources are permitted to compete.

Goods – Physical (tangible) products, including but not limited to, supplies, equipment, materials, printing, information technology hardware and software, and commodities.

Intergovernmental Agreement – An agreement by two or more public bodies, by memorandum of understanding, memorandum of agreement, contract or agreement, to exercise any powers that at least one of the parties possesses, provided that the primary purpose of the agreement is not the purchase of goods, services or construction.

Invitation for Bids (IFB) – The solicitation document used for competitive sealed bidding for the purchase of goods, services and construction.

Offeror – A person or entity that submits a bid or proposal to the Authority, generally in response to an IFB or RFP.

Procurement – The process by which the Authority acquires goods and services including construction, by and for its use through purchase or lease. Procurement begins at the point when Authority determines that an established need shall be met through contracting and includes the description of requirements to satisfy Authority needs, solicitation and selection of sources, award of contracts, contract financing, contract performance, contract administration, and those technical and management functions directly related to the process of fulfilling Authority needs by contract.

Project Delivery Method – The contracting approach selected to allocate risk and responsibility between a contractor and the Authority and to organize the contractor’s work in connection with services, design, construction, operation, maintenance or supply. The Contracting Officer shall determine the appropriate project delivery method and may select any that best serves the Authority’s interests, including but not limited to: design-bid-build; agency construction management; at-risk construction management; design-build; design-build-operate-transfer; design-build-operate-maintain; design-build-finance-operate; outsourcing; and public/private partnerships.

Proposal – An offer to furnish goods or services, including construction, in response to a Request for Proposals (RFP) that, if accepted, would bind the offeror to perform the resultant contract.

Protest – A written, timely objection to a solicitation or contract award submitted by a prospective or actual bidder/proposer whose direct economic interest would be affected by the award or failure to award a contract.

Public Body – Any state, the District of Columbia, any unit or political subdivision or component of any of the foregoing and any agency of the United States Government.

Relative – A spouse, parent, parent-in-law, child, step-child, sister, brother, brother-in-law, sister-in-law, step-parent, daughter-in-law, son-in-law, niece, nephew, first cousin, grandparent or grandchild, or any other related or unrelated individual that resides in the same household as the employee, officer, board member or agent.

Request for Information (RFI) – A process preliminary to a solicitation requesting information from potential vendors of goods or services, including construction, about their products and services.

Request for Proposals (RFP) – The solicitation document used in the competitive proposal process in which proposals are evaluated on the basis of technical standards, price and other criteria and in which negotiations with proposers prior to final selection and award of a contract is permissible.

Request for Qualifications (RFQ) – The solicitation document used to obtain Statements of Qualifications from prospective offerors in advance of the issuance of an Invitation for Bids or a Request for Proposals.

Services – Any activity that directly engages the time and effort of a contractor whose primary purpose is to perform an identifiable task rather than to furnish goods. Insurance is a service. Services also include consultation, advice, design and other work performed by either professional or non-professional personnel whether on an individual or organizational basis. This term shall not include employment agreements or collective bargaining agreements.

Solicitation – Any request to submit qualifications, expressions of interest, bids, proposals, or quotations to the Authority. A Solicitation under sealed bid procedures is called “Invitations for Bids.” A Solicitation under competitive proposal procedures is called a “Request for Proposals” under one-step procurement, and is called “Request for Qualifications” and “Request for Proposals” under a two-step procurement. Small purchase solicitations may require submission of either a quotation or an offer (bid or proposal).

Statement of Qualifications – The submission of qualifications by an offeror in response to a Request for Qualifications.

History

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999); as amended by Final Rulemaking published at 56 DCR 4484 (June 12, 2009).

21-54 CROSS CONNECTIONS

21 DCMR § 5400 GENERAL PROVISIONS

5400.1 The purpose of this chapter is to establish procedures for the protection of the public health and safety and the potable water supply of the District of Columbia from contaminants and pollutants through cross-connections. The provisions of this chapter are designed to eliminate or control actual or potential cross-connections, and to maintain a continuing program of cross connection control.

5400.2 These regulations are promulgated to provide authority separate from and independent of other regulations, the Building Code and supplement authority exercised by the Department of Health and the Department of Consumer and Regulatory Affairs to regulate other activities that affect Cross-connections.

5400.3 The provisions of this chapter shall apply to all improved real property, appurtenances and fixtures thereto and all construction sites within the District of Columbia. Properties that have a private well or source of other private water source are not exempted from the requirements of this chapter.

5400.4 The General Manager shall have authority to develop, implement and enforce procedures and standards, which carry out the intent of this chapter.

History

SOURCE: Final Rulemaking published at 48 DCR 1743 (February 23, 2001).

21 DCMR § 5401 PROTECTION OF PUBLIC WATER SYSTEM

5401.1 An Owner shall maintain all interior plumbing to prevent contamination of the public water system from nonpotable liquids, solids, gasses or mixture of substances through cross connections.

5401.2 An Owner shall not permit the installation of a bypass around any backflow preventer unless a backflow preventer is installed on the bypass.

History

SOURCE: Final Rulemaking published at 48 DCR 1743 (February 23, 2001).

21 DCMR § 5402 INSPECTION AND ENTRY

5402.1 The General Manager, with prior written notice to the Owner of the date of entry, may enter any building, establishment, or other premises to identify potential cross connections and to determine whether it is practicable and necessary to install a backflow preventer to protect the public health and safety from contaminants.

5402.2 The General Manager may, after reasonable notice, enter any building, establishment, or other premises to inspect, install, retrofit, replace, or repair any device required to be installed pursuant to this chapter.

History

SOURCE: Final Rulemaking published at 48 DCR 1743 (February 23, 2001).

21 DCMR § 5403 IDENTIFICATION OF CROSS CONNECTIONS AND PRACTICABILITY DETERMINATION

5403.1 The General Manager may utilize all reasonable means to identify properties with cross connections and may determine whether installation of backflow prevention devices is practicable and necessary in order to prevent the introduction of pollutants or contaminants to the Potable Water System.

5403.2 In the event the General Manager determines that it is practicable and necessary to install backflow preventers, the General Manager shall give the Owner of the property identified written notification that the following will be required:

(a) Installation of the number and type of backflow preventers determined to be necessary by the General Manager, at no cost to WASA, within sixty (60) days of the date of the notice;

(b) Test and inspect the backflow preventers as directed by WASA, at no cost to WASA;

(d) Permit inspection or inspections as required by WASA.

5403.3 An Owner identified in a notice issued pursuant to § 5403.2 may petition the General Manager, in writing, for additional time to install the number and type of backflow preventers required by a notice issued pursuant to § 5403.2. This petition must be delivered to WASA no later than fifteen (15) days after the date of notice issued pursuant to § 5403.2. The General Manger may grant the request only upon a finding of good cause shown and shall advise the petitioning Owner of his or her decision in writing.

5403.4 An Owner identified in a notice issued pursuant to § 5403.2 may also submit an alternative proposal to eliminate existing or potential cross connections. The Owner's proposal shall be in writing, certified by a professional engineer, registered with the District of Columbia, and must be delivered to WASA no later than fifteen (15) days after the date of the notice issued pursuant to § 5403.2.

5403.5 The General Manager shall review the Owner's proposal made pursuant to § 5403.4, and after consideration of generally accepted engineering practices, in his or her sole discretion, either approve or deny, in whole or in part, the Owner's proposal in writing.

5403.6 If the Owner's proposal made pursuant to § 5403.4 is approved in whole or in part, the General Manager shall notify the Owner to:

(a) Install the number and type of backflow preventers approved, at no cost to WASA, within thirty (30) days of the date of the approval or such other period of time determined reasonable by the General Manager, within his or her sole discretion;

(b) Take any other action determined necessary by the General Manager as a result of the approval of the Owner's proposal;

(d) Report the test results to WASA as directed by WASA; and

(e) Permit inspection or inspections as required by WASA.

5403.7 If the Owner's proposal made pursuant to § 5403.4 is denied, in whole or in part, the Owner shall install the devices required in the § 5403.2 notice within thirty (30) days from the date of the General Manager's denial.

5403.8 An Owner, whose proposal made pursuant to § 5403.4 is denied in whole or in part, may also petition the General Manager for additional time to install the required devices. This petition must be delivered to WASA no later than fifteen (15) days after the date of the General Manager's notice of denial. The General Manger may grant or deny the Owner's request within the General Manager's sole discretion and shall advise the petitioning Owner of his or her decision in writing.

History

SOURCE: Final Rulemaking published at 48 DCR 1743 (February 23, 2001).

21 DCMR § 5404 DUTY OF OWNERS TO IDENTIFY CROSS CONNECTIONS

5404.1 An Owner shall, upon written request made by the General Manager, inspect all fixtures and appurtenant Interior Plumbing and inform the General Manager, in writing, of all cross connections on all properties that are the subject of General Manager's request.

History

SOURCE: Final Rulemaking published at 48 DCR 1743 (February 23, 2001).

21 DCMR § 5405 IMMINENT THREAT

5405.1 The General Manager shall terminate water service to any property that poses an imminent threat to the public health.

5405.2 The General Manager may also take any other action and require any person to take any action deemed necessary to protect the health of persons who are or may be users of the Potable Water Supply.

5405.3 Notwithstanding any other provision of this chapter, the General Manager, may upon receipt of information that a Contaminant is present in or is likely to enter the Potable Water Supply, and which may present an imminent and substantial endangerment to the health of persons, take such actions as the General Manager deems necessary in order to protect the health of such persons.

History

SOURCE: Final Rulemaking published at 48 DCR 1743 (February 23, 2001).

21 DCMR § 5406 MAINTENANCE AND TESTING OF BACKFLOW PREVENTERS

5406.1 An Owner shall inspect and test all backflow preventers annually or as otherwise directed by WASA at no charge to WASA. All test results shall be submitted to the General Manager within ten (10) days of test.

5406.2 An Owner shall repair or replace any backflow preventer that has failed within ten (10) days of the date the failure is made known to the Owner. In the event a device is replaced or repairs are made, an Owner shall test the device to insure correct operation.

5406.3 An Owner shall not permit the bypass of any backflow preventer unless a backflow preventer is installed on the bypass.

History

SOURCE: Final Rulemaking published at 48 DCR 1743 (February 23, 2001).

21 DCMR § 5407 CERTIFICATION REQUIREMENTS

5407.1 No person shall engage in the testing of backflow preventers unless the person possesses a valid certification issued by the General Manager.

5407.2 Applications for certification to test backflow preventers shall be made to the General Manager on a form prescribed by the General Manager. Certification shall be for a three (3) year term.

5407.3 Each person applying for certification shall submit to the General Manager under oath, such information as the General Manager may require to assist in the determination whether the applicant has sufficient experience, training or education in testing backflow preventers.

5407.4 Application and certification fees shall be set by the General Manager, and shall be submitted with the application to the General Manager.

5407.5 If the General Manager finds that an applicant has the required qualifications, the General Manager shall issue the certification.

5407.6 Certifications issued pursuant to this chapter shall not be transferable.

History

SOURCE: Final Rulemaking published at 48 DCR 1743 (February 23, 2001).

21 DCMR § 5408 GROUNDS AND PROCEDURE FOR DENIAL, SUPSENSION, OR REVOCATION OF CERTIFICATION

5408.1 A backflow preventer tester certification shall be subject to denial, suspension, or revocation for the following causes:

(a) Material misstatement in application for certification;

(b) Willful failure or refusal to comply with any provision of statute or regulation relating to plumbing or water and sanitation;

(d) Willful misrepresentation or concealment through any subterfuge or device of any matter or the nature of any matter required by the chapter to be stated or furnished;

(e) Willful employment of any fraudulent or misleading device, method, or practice in connection with the testing of backflow preventers; or

(f) Incompetence.

5408.2 Whenever the General Manager finds that an applicant for a certificate under this chapter is deficient in one or more of the certificate qualifications or whenever the General Manager has reasonable grounds to believe that there has been a violation of any statute or regulation applicable to plumbing or water and sanitation for which the tester is subject to suspension or revocation, the General Manager shall give written notice to the applicant or certificate holder in accordance with the provisions of this section.

5408.3 The notice required by § 5408.2 shall state with specificity the grounds for the suspension, revocation or denial.

5408.4 Any person who has received a notice of denial, suspension or revocation may file a written notice of appeal pursuant to chapter 400 of this Title. The notice of appeal shall be filed no later than fifteen (15) days after the date of the notice of denial.

History

SOURCE: Final Rulemaking published at 48 DCR 1743 (February 23, 2001).

21 DCMR § 5409 ENFORCEMENT

5409.1 In the event that an Owner fails to: allow inspections; comply with any requirement to install required devices; report test results; install, repair, maintain or test a backflow preventer; fails to maintain a private water system so as to prevent a cross connection; fails to maintain a private water system in accordance with these regulations; or fails to comply with a notice, direction or order of the General Manager issued pursuant to these regulations, WASA may do the following:

(a) Immediately terminate the water supply to the property;

(b) Refuse to establish a water and sewer account for the property;

(d) Request that the building permit for the property be rescinded and not reinstated until the necessary backflow preventers are installed and inspected.

History

SOURCE: Final Rulemaking published at 48 DCR 1743 (February 23, 2001).

21 DCMR § 5410 RIGHT TO CHALLENGE PRACTICABILITY AND NECESSITY TO PROTECT PUBLIC HEALTH AND SAFETY, IMMINENT THREAT, AND PREVENTION DEVICE DETERMINATIONS

5410.1 The Owner of an identified property may contest any of the following determinations made by the General Manager:

(a) Whether the installation of a backflow prevention device is practicable and necessary to protect the Portable Water System from contamination pursuant to § 5403.1 of this chapter;

(b) Whether there is an imminent threat to the public health pursuant to § 5405.1 of this chapter; or

(c) The type of preventive device determinations made by the General Manager pursuant to § 5403.2 of this chapter by following the procedures set forth in chapter 400 of this subtitle.

History

SOURCE: Final Rulemaking published at 48 DCR 1743 (February 23, 2001).

21 DCMR § 5499 DEFINITIONS

When used in this chapter, the following words and phrases shall have the meanings ascribed:

Backflow - a reversal of the flow of water caused by a loss in water pressure. This reversal may allow other liquids, gases or mixtures of substances to enter into the potable water supply.

Backflow Preventer - a device approved by the General Manager or his or her designee for a water supply pipe to prevent the backflow of water into the water supply system from the connections on its outlet end.

Contaminant - any substance in the Potable Water Supply that creates a hazard to human health when its level exceeds the standards established under the Safe Drinking Water Act, 42 U.S.C. § 300(f) et. seq..

Cross-connection - an actual or potential link between any part of a potable water system and any other environment of liquid, gas, solid or mixture of substances in a manner that, under any circumstances, would allow such substances to enter the potable water system.

General Manager - the chief administrative officer of the District of Columbia Water and Sewer Authority or his or her designee.

Interior Plumbing - part of plumbing system that includes the water supply to the building and distribution pipes within the building or premises; plumbing fixtures and traps; soil, waste and vent pipes; and sanitary and storm sewers and building drains; including their respective connections, devices and appurtenances within a building or premises.

Owner - any individual, corporation, association or partnership listed as the legal titleholder of record or his or her agent, including where appropriate, agents and agencies of the government of the United States of America.

Pollutant - any substance in the water supply that renders it to be unsuitable or unacceptable for drinking.

Potable Water Supply - water distributed by WASA that meets the requirements of the Safe Drinking Water Act (42 U.S.C. § 300(f) et seq.) and is otherwise suitable and acceptable for drinking.

Private Water System - the water service pipe, water distribution pipes, any necessary connecting pipes, fittings, control valves, hydrants, and all appurtenances in or adjacent to the building(s) or premises.

WASA - the District of Columbia Water and Sewer Authority or its lawful agent, representative, successor in interest, assign or designee.

History

SOURCE: Final Rulemaking published at 48 DCR 1743 (February 23, 2001).