Department of Energy AND Environment

notice of FINAL Rulemaking

Stormwater Management and Soil Erosion and Sediment Control Fees and Exemption

The Director of the Department of Energy and Environment (DOEE or Department), in accordance with the authority set forth in the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code §§ 8-151.01 et seq. (2013 Repl. & 2016 Supp.)); 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. (2016 Repl.)); the National Capital Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Act of 2008, effective March 26, 2008 (D.C. Law 17-138; 55 DCR 1689 (February 22, 2008)), as amended by the Anacostia Waterfront Environmental Standards Amendment Act of 2012, effective October 23, 2012 (D.C. Law 19-192; D.C. Official Code §§ 2-1226.31 et seq. (2016 Repl.)); the Soil Erosion and Sedimentation Control Act of 1977, effective September 28, 1977 (D.C. Law 2-23; D.C. Official Code §§ 8-1701 et seq. (2013 Repl. & 2016 Supp.)), as amended by the Soil Erosion and Sedimentation Control Amendment Act of 1994, effective August 26, 1994 (D.C. Law 10-166; 41 DCR 4892 (July 22, 1994)); the Uniform Environmental Covenants Act of 2005, effective May 12, 2006 (D.C. Law 16-95; D.C. Official Code §§ 8-671.01 et seq. (2013 Repl.)); 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. (2013 Repl. & 2016 Supp.)); Mayor’s Order 2006-61, dated June 14, 2006, hereby gives notice of the adoption of the following amendments to Chapter 5 (Water Quality and Pollution) of Title 21 (Water and Sanitation) of the District of Columbia Municipal Regulations (DCMR).

These amendments update the fees for the District Stormwater Management Guidebook and existing fees that the Department adjusts annually for inflation using the Urban Consumer Price Index published by the United States Bureau of Labor Statistics, as required by 21 DCMR § 501.1. All fees are rounded to the nearest cent. These amendments also update the total project cost beneath which an individual house, townhouse, or rowhouse is exempt from complying with the soil erosion and sediment control provisions of this chapter. Adjustments in future years will be applied to the adjusted value of the prior year rather than to the rounded value.

The Notice of Proposed Rulemaking was first published in the D.C. Register on December 16, 2016 at 63 DCR 015423. No comments were received. The final rule is unchanged from the proposed rule. These rules were adopted as final on April 7, 2017, and will become effective upon publication of this notice in the D.C. Register.

Chapter 5, WATER QUALITY AND POLLUTION, of Title 21 DCMR, WATER AND SANITATION, is amended as follows:

Section 501, FEES, is amended as follows:

Subsection 501.3 is amended to read as follows:

501.3               An applicant for Department approval of a soil erosion and sediment control plan shall pay the fees in Table 1 for Department services at the indicated time, as applicable:

Table 1.  Fees for Soil Erosion and Sediment Control Plan Review
Payment Type	Payment Requirement	Fees by Land Disturbance Type
		Residential		All Other
		≥ 50 ft^2 and < 500 ft^2		≥ 50ft^2 and < 5,000 ft^2	≥ 5,000 ft^2
Initial	Due upon filing for building permit	$51.61		$449.04	$1,104.52
Final	Due before building permit is issued	n/a			$0.15  per 100 ft^2
• Clearing and grading > 5,000 ft^2
• Excavation base fee		n/a	$449.04
• Excavation > 66 yd^3		$0.10 per yd^3
• Filling  > 66 yd^3		$0.10 per yd^3
Supplemental	Due before building permit is issued	$103.23	$103.23		$1,032.26

Subsection 501.4 is amended to read as follows:

501.4               An applicant for Department approval of a Stormwater Management Plan (SWMP) shall pay the fees in Table 2 for Department services at the indicated time, as applicable:

Table 2.  Fees for Stormwater Management Plan Review
Payment Type	Payment Requirement	Fees by Combined Area of Land Disturbance and Substantial Improvement Building Footprint
		≥ 5,000 ft^2 and ≤ 10,000 ft^2	> 10,000 ft^2
Initial	Due upon filing for building permit	$3,406.47	$6,296.82
Final	Due before building permit is issued	$1,548.40	$2,477.44
Supplemental	Due before building permit is issued	$1,032.26	$2,064.53

Subsection 501.6 is amended to read as follows:

501.6               An applicant shall be required to pay the fees in Table 3 for review of a Stormwater Pollution Prevention Plan only if the site is regulated under the Construction General Permit issued by Region III of the Environmental Protection Agency.

Table 3.  Additional Fees
Review or Inspection Type	Fees by Combined Area of Land Disturbance and Substantial Improvement Building Footprint
	≤ 10,000 ft^2	> 10,000 ft^2
Soil characteristics inquiry	$154.84
Geotechnical report review	$72.26  per hour
Pre-development review meeting	No charge for first hour $72.26  per additional hour
After-hours inspection fee	$51.61  per hour
Stormwater pollution plan review	$1,135.49
Dewatering pollution reduction plan review	$1,135.49	$2,167.76
Application for relief from extraordinarily difficult site conditions	$516.13	$1,032.26

Subsection 501.7 is amended to read as follows:

501.7               An applicant for Department approval of a SWMP for a project being conducted solely to install a Best Management Practice (BMP) or land cover for Department certification of a Stormwater Retention Credit (SRC) shall pay the fees in Table 4 for Department services at the indicated time, as applicable, except that:

(a) A person who is paying a review fee in Table 2 for a major regulated project shall not be required to pay a review fee in Table 4 for the same project; and

(b)        A person who has paid each applicable fee to the Department for its review of a SWMP shall not be required to pay a review fee in Table 4 for the same project:

Table 4.  Fees for Review of Stormwater Management Plan to Certify Stormwater Retention Credits
Payment Type	Payment Requirement	Fees by Combined Area of Land Disturbance and Substantial Improvement Building Footprint
		≤ 10,000 ft^2	> 10,000 ft^2
Initial	Due upon filing for building permit	$593.55	$877.43
Final	Due before building permit is issued	$129.03	$206.45
Supplemental	Due before building permit is issued	$516.13

Subsection 501.10 is amended to read as follows:

501.10             An applicant for Department approval of a Green Area Ratio plan shall pay the fees in Table 5 for Department services at the indicated time:

Table 5.  Fees for Review of Green Area Ratio Plan
Payment Type	Payment Requirement	Fees by Combined Area of Land Disturbance and Substantial Improvement Building Footprint
		≤ 10,000 ft^2	> 10,000 ft^2
Initial	Due upon filing for building permit	$593.55	$877.43
Final	Due before building permit is issued	$129.03	$206.45
Supplemental	For reviews after first resubmission	$516.13

Subsection 501.11 is amended to read as follows:

501.11             The in lieu fee shall be three dollars and sixty-one cents ($3.61) per year for each gallon of Off-Site Retention Volume (Offv).

Subsection 501.13 is amended to read as follows:

501.13             A person shall pay the fees in Table 6 for the indicated resource before receipt of the resource:

Table 6.  Fees for Resources
Paper Copies of Documents	Cost
District Standards and Specifications for Soil Erosion and Sediment Control	$51.61
District Stormwater Management Guidebook	$90.24
District Erosion and Sediment Control Standard Notes and Details (24 in x 36 in)	$25.81

Section 541, SOIL EROSION AND SEDIMENT CONTROL: EXEMPTIONS, is amended as follows:

Subsection 541.1 is amended to read as follows:

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, except as noted below and in Section 540 (Soil Erosion and Sediment Control: Applicability):

(a) For an individual house, townhouse, or rowhouse:

(1) Gardening;

(2) Landscaping;

(3) Repairs;

(4) Maintenance;

(5) Stormwater retrofits, provided that:

(A) The soil allows for percolation; and

(B) The retrofit location is no closer than ten feet (10 ft.) from a building foundation;

            (6)        Utility service connection, repair, or upgrade;

(b)        A project for which the total cost is less than nine thousand two hundred ninety dollars and thirty-eight cents ($9,290.38);

(c)        Tilling, planting, or harvesting of agricultural or horticultural crops;

(d)       Installation of fencing, a gate, signpost, or a pole;

(e)        Emergency work to protect life, limb or property, and emergency repairs, except that the following is not exempted to the extent described:

(1)        The land disturbed must still be shaped and stabilized in accordance with the requirements of this chapter;

(2)        Generally applicable control measures shall be used; and

(3)        A plan shall be submitted within three (3) weeks after beginning the emergency work; and

(f)        Activities that disturb less than fifty square feet (50 ft²).