Code of the District of Columbia

Chapter 1A. District Department of the Environment.


Subchapter I. General.

§ 8–151.01. Definitions.

For the purposes of this chapter, the term:

(1) “CapStat” means an accountability program that examines performance data to improve government services to make the District of Columbia government run more efficiently, using a methodical process for focusing the attention of government representatives on improving performance in priority issues that cross agency boundaries.

(2) “DOEE” means the Department of Energy and Environment.

(3) “Director” means the Director of the Department of Energy and Environment.

(4) “Environment” means the physical conditions and natural resources of the District, including the land, air, water, minerals, flora, and fauna in the District, and the waters adjacent to the District.

(5) “Environmental Management System” or “EMS” means an interagency data system to inventory, track, and report on progress towards performance standards and activities. The term “EMS” includes an adaptive management approach that incorporates planning, implementing, monitoring, evaluating, and adjusting the interagency data system.

(5A) "FRA" means the Federal Railroad Administration.

(5B) "Federal railroad safety laws" means federal laws, or regulations or orders issued under the authority of such laws, addressing the safety of railroad equipment and operations, including:

(A) The Federal Railroad Safety Act of 1970, approved July 5, 1994 (108 Stat. 63; 49 U.S.C. § 20101 et seq.);

(B) The Safety Appliance Acts, approved July 5, 1994 (108 Stat. 881; 9 U.S.C. § 20301 et seq.);

(C) The Locomotive Inspection Act, approved July 5, 1994 (108 Stat. 885; 49 U.S.C. § 20701 et seq.);

(D) The Signal Inspection Act, approved July 5 1994 (108 Stat. 883; 49 U.S.C. § 20501 et seq.);

(E) The Accident Reports Act, approved July 5 1994 (108 Stat. 886; 49 U.S.C. § 20901 et seq.);

(F) The Hours of Service Act, approved July 5 1994 (108 Stat. 888; 49 U.S.C. § 21101 et seq.); and

(G) The Hazardous Materials Transportation Act, approved July 5 1994 (108 Stat. 759; 49 U.S.C. 5101 et seq.), as it pertains to shipment or transportation by railroad.

(5C) "FTA" means the Federal Transit Administration.

(5D) "Hazardous materials" shall have the same meaning as provided in 49 C.F.R. § 171.8.

(6) “Impervious area stormwater user fee” or “stormwater user fee” means a fee that attributes the cost of conveying stormwater run-off via a sewer from a given property, to the quantity of stormwater run-off generated from that same property, by use of impervious surface as a surrogate metric.

(7) “Impervious surface” means a surface area that either prevents or retards the entry of water into the ground as occurring under natural conditions, or that causes water to run off the surface in greater quantities or at an increased rate of flow, relative to the flow present under natural conditions.

(8) “Low Impact Development” or “LID” means stormwater management practices that mimic site hydrology under natural conditions, by using design techniques in construction and development that store, infiltrate, evaporate, detain, or reuse and recycle runoff.

(9) “MS4” means the Municipal Separate Storm Sewer System serving approximately two-thirds of the District, and comprised of 2 independent piping systems: one system for sewage from homes and businesses, and one system for stormwater.

(10) “Natural conditions” means the state of the environment prior to anthropogenic intervention.

(10A) "Person" means an individual, corporation, company, association, firm, partnership, society, joint stock company, or any other commercial entity.

(11) “Primacy” means the grant or delegation of authority under certain federal environmental laws that allows states and the District to assume primary authority to enforce and implement the environmental laws and promulgate regulations pursuant to those laws.

(11A)(A) "Rail system" means all forms of non-highway ground transportation that run on rails or electromagnetic guideways, including rail-fixed guideway systems, as defined by 49 CFR § 659.5, and railroads.

(B) The term "rail system" does not include a rail system operation conducted by or on behalf of the Washington Metropolitan Area Transit Authority or any railroad.

(11B)(A) "Railroad" means:

(i) Any form of non-highway ground transportation that runs on rails or electromagnetic guideways, including commuter or other short-haul railroad passenger service in the District; and

(ii) High-speed ground transportation systems that connect the District with metropolitan areas, without regard to whether those systems use new technologies that are not associated with traditional railroads;

(B) The term "railroad" does not include rail system operations conducted by or on behalf of the Washington Metropolitan Area Transit Authority, the District Department of Transportation, or other rail system operators in the District that are not connected to the railroad.

(11C) "Railroad carrier" means a person providing transportation by railroad or a group of commonly controlled railroad carriers that the Secretary of Transportation has ordered to be treated as a single railroad carrier as provided for in 49 U.S.C. § 20102(3).

(12) “SDWA” means the Safe Drinking Water Act, approved December 16, 1974 (88 Stat. 1660; 42 U.S.C. § 300f et seq.).

(13) “Sewer” shall have the same meaning as provided in § 34-2202.01(9).

(13A) "State safety oversight agency" means the District entity designated by the Secretary of Transportation to implement the requirements of 49 U.S.C. § 5329 and 49 C.F.R. § 674.

(14) “Stormwater best management practice” means a structure used to reduce the volume or the pollutant content of a stormwater discharge.

(15) “Stormwater Permit” or “MS4 Permit” means NPDES No. DC0000221, issued to the District of Columbia by the Environmental Protection Agency.


(Feb. 15, 2006, D.C. Law 16-51, § 101, 52 DCR 10812; Mar. 25, 2009, D.C. Law 17-371, § 2(a), 56 DCR 1353; Sept. 26, 2012, D.C. Law 19-171, § 149(a), 59 DCR 6190; Oct. 8, 2016, D.C. Law 21-160, § 6045, 63 DCR 10775; Apr. 7, 2017, D.C. Law 21-254, § 101(a), 64 DCR 2028.)

Effect of Amendments

D.C. Law 17-371 rewrote the section.

The 2012 amendment by D.C. Law 19-171 deleted “April 20, 2000” following “No. DC0000221, issued” in (15).

Applicability

Section 6033 of D.C. Law 22-168 repealed § 501(a) of D.C. Law 21-254. Therefore the changes made to this section by D.C. Law 21-254 have been implemented.

Applicability of D.C. Law 21-254: § 501 of D.C. Law 21-254 provided that the change made to this section by § 101(a) of D.C. Law 21-254 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 day) amendment of section, see § 902 of Fiscal Year 2010 Balanced Budget Support Emergency Act of 2010 (D.C. Act 18-450, June 28, 2010, 57 DCR 5635).

For temporary (90 day) amendment of section, see § 902 of Fiscal Year 2010 Balanced Budget Support Congressional Review Emergency Act of 2010 (D.C. Act 18-531, August 6, 2010, 57 DCR 8109).

Temporary Legislation

Section 902 of D.C. Law 18-222 rewrote subsec. (e) to read as follows:

“(e) Monies shall not be disbursed from the Enterprise Fund for costs associated with:

“(1) Stormwater management activities carried out prior to April 20, 2000, including street sweeping, except to the extent those activities were enhanced, and their costs increased, to comply with the terms of the Stormwater Permit; or

“(2) Stormwater management activities otherwise required by law or regulation, unless specifically permitted by the Director.”.

Section 2002(b) of D.C. Law 18-222 provided that the act shall expire after 225 days of its having taken effect.

Construction of Law

Section 401 of Law 21-254 provided that Law 21-254 shall be construed, and the authority granted under it shall be exercised, in a manner consistent with applicable federal laws and regulations.


§ 8–151.02. Purpose.

The purpose of this chapter is to establish a single executive agency to protect human health and the environment in accordance with District and federal law and regulation, improve the urban quality of life, streamline the administration of District environmental law and programs, including those relating to environmental health, to improve public notification of environmental issues, and to enable the District to seek primacy.


(Feb. 15, 2006, D.C. Law 16-51, § 102, 52 DCR 10812.)

Mayor's Orders

Establishment of Recycling Policy into the District Department of the Environment, see Mayor’s Order 2009-7, January 23, 2009 ( 56 DCR 2022).

Delegation of Authority

Delegation and Transfer of Authority pursuant to D.C. Law 16-51, the District Department of the Environment Establishment Act of 2005, see Mayor’s Order 2006-61, June 14, 2006 ( 53 DCR 7684).

Amendment of Mayor’s Order 2002-16, dated June 14, 2006, Delegation and Transfer of Authority Pursuant to D.C. Law 16-51, the District Department of the Environment Establishment Act of 2005, see Mayor’s Order 2006-150, November 6, 2006 ( 53 DCR 9350).


§ 8–151.03. Department of Energy and Environment; establishment; transfers.

(a) Pursuant to § 1-204.04(b), the Council establishes the Department of Energy and Environment as an agency within the executive branch of the District of Columbia government to consolidate the administration and oversight of environmental laws, regulations, and programs into a single agency.

(b)(1) Within 180 days of February 15, 2006, the Mayor shall:

(A) Submit to the Council a proposed organizational plan, including an organizational chart, of the DOEE;

(B) Transfer to DOEE, as feasible:

(i) Existing staff and funding, including any available grant funds and other necessary unexpended funds, from other agencies currently performing duties related to the environment;

(ii) Existing agencies, programs, departments, administrations, boards, or commissions implementing, administering, or enforcing federal or District laws relating to the environment, whether involving public or private property, including:

(I) All of the policy functions of the Tree Management Administration within the District Department of Transportation;

(II) Management of Underground Storage Tank, Toxic Substance, U.S. Environmental Protection Agency funded lead-based paint abatement and control activities lead poison prevention program [sic], Hazardous Waste of Materials [sic], and Toxic Substances divisions within the Department of Health;

(III) Management of the Air Quality, Fisheries and Wildlife, Watershed Protection, and Water Quality divisions of Environmental Quality within the Department of Health;

(IV) Policy authority for Vector Control within the Department of Health; and

(V) Those policy setting duties and functions of the Director of the Department of Public Works related to recycling policy, including:

(aa) Researching the technology available for solid waste utilization;

(bb) Identifying potential markets for recyclable materials and obtaining statements of interest for recovered materials;

(cc) Identifying the amount and characteristics of the solid waste stream in the District;

(dd) Providing an assessment of the potential impact of alternative methods of solid waste management, including the public health, physical, social, economic, fiscal, environmental, and aesthetic implications;

(ee) Conducting and evaluating the results of public forums or surveys of local citizen opinion on solid waste management practices; and

(ff) Coordinating efforts to stimulate markets for recycled materials, including District government purchasing policies; and

(iii) Interpretative authority of all District laws, rules, regulations, and standards relating to the environment;

(C) Designate DOEE the lead agency, as that term is defined in § 8-109.02 and give DOEE primary responsibility for preparing any Environmental Impact Statement required by subchapter V of Chapter 1 of this title;

(D) If the Mayor determines primacy may be of benefit to the District, have conducted an analysis of the feasibility of assuming primacy, in accordance with subpart B [of] 40 C.F.R. 142 for SDWA; and

(E) Have conducted an analysis of the feasibility and benefit of restructuring the Storm Water Management Administration, including recommendations on how a restructured Storm Water Management will employ progressive and innovative initiatives, including those not yet recognized by the U.S. Environmental Protection Agency, to meet the environmental problems and challenges in the District.

(2) Within one year of February 15, 2006, the Mayor shall transfer those duties and functions of the General Manager of the Water and Sewer Authority related to stormwater administration, including the monitoring and coordinating the activities of all District agencies that are required to maintain compliance with the storm water permit, receiving and expending funds from the Storm Water Permit Compliance Enterprise Fund, and establishing a Storm Water Advisory Panel.

(3) Pending the transfer of functions and duties of an affected agency to DOEE, nothing in this chapter shall be construed to impair the performance by that agency of its functions and duties.


(Feb. 15, 2006, D.C. Law 16-51, § 103, 52 DCR 10812; Aug. 16, 2008, D.C. Law 17-219, § 6002, 55 DCR 7598; May 2, 2015, D.C. Law 20-271, § 312, 62 DCR 1884; Oct. 8, 2016, D.C. Law 21-160, § 6045, 63 DCR 10775.)

Section References

This section is referenced in § 8-152.01, § 8-152.02, and § 8-152.05.

Effect of Amendments

D.C. Law 17-219, in subsec. (b)(1)(B)(ii)(II), substituted “and control activities lead poison prevention program” for “and control activities”.

The 2015 amendment by D.C. Law 20-271 deleted “in conjunction with the Environmental Planning Commission” following “solid waste management practices” in (b)(ii)(V)(ee).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 312 of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, November 18, 2014, 61 DCR 12133, 20 STAT 4405).

For temporary (90 days) amendment of this section, see § 312 of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807).

Short Title

Short title: Section 6001 of D.C. Law 17-219 provided that subtitle A of title VI of the act may be cited as the “Transfer of the Lead Poison Prevention Program to the District Department of the Environment Amendment Act of 2008”.

Editor's Notes

For a requirment that the Department of Energy and Environment award an annual grant, on a competitive basis, in an amount not to exceed $200,000, to provide wildlife rehabilitation services, see section 6092 of D.C. Law 22-168.

Mayor's Orders

Designation of Director of the District Department of the Environment as Natural Resources Trustee, see Mayor’s Order 2011-96, May 10, 2011 ( 58 DCR 4474).


§ 8–151.04. Director; appointment, compensation.

(a) The DOEE shall be headed by a Director who shall:

(1) Be appointed by the Mayor with the advice and consent of the Council, pursuant to § 1-523.01(a);

(2) Be a person qualified by training and experience to perform the duties of the office; and

(3) Serve at the pleasure of the Mayor.

(b) The Mayor shall fix the compensation of the Director pursuant to subchapter X-A of Chapter 6 of Title 1.


(Feb. 15, 2006, D.C. Law 16-51, § 104, 52 DCR 10812; Mar. 2, 2007, D.C. Law 16-191, § 104, 53 DCR 6794; Oct. 8, 2016, D.C. Law 21-160, § 6045(b), 63 DCR 10775.)

Effect of Amendments

D.C. Law 16-191 validated a previously made technical correction in (b).


§ 8–151.05. Delegation of authority.

The Director of DOEE is the successor to all environment related authority attached to transferred functions and is authorized to act, either personally or through a designee, as a member of any committee, commission, board, or other body which his or her predecessor was a member.


(Feb. 15, 2006, D.C. Law 16-51, § 105, 52 DCR 10812; Oct. 8, 2016, D.C. Law 21-160, § 6045(b), 63 DCR 10775.)


§ 8–151.06. Organization.

The Director is authorized to establish administrative divisions within DOEE as the Director considers necessary to increase effectiveness and further the purposes of this chapter, which such divisions may include:

(1) An Energy Management and Air Quality Control Division, including the Office of Energy, to implement and administer clean air programs and initiatives, to administer programs to assist nonprofit, residential, commercial, industrial, and governmental consumers in becoming more energy efficient, and to be responsible for identifying and analyzing energy issues facing the District and its residents;

(2) A Natural Resources and Water Quality Division to set policy, develop, implement, and oversee initiatives and activities to protect, restore, and enhance natural resources, such as an aquatic resources education program, experiential learning activities that promote understanding and conservation of natural resources, and initiatives for greening neighborhoods through community education and provision of materials, to operate and set policy for public grounds and tree management, the management of hazardous materials and toxic substances, underground storage tanks, and lead-based paint abatement and control, to set policy for vector control, to coordinate research, outreach, and rehabilitation efforts pertaining to the environment, to establish policies and programs to prevent and control water pollution, to increase the efficiency of wastewater and stormwater system regulation and soil resource management, and to conserve and enhance water quality in the District’s groundwater systems and in the waters adjacent to the District;

(3) A Recycling and Solid Waste Management Division to establish policies and programs to support the District’s recycling initiative and to increase the efficiency of solid and hazardous waste management;

(4) A Brownfields Redevelopment Division to identify, evaluate, remediate, and provide support to the appropriate District agencies or instrumentalities to rehabilitate sites where development is complicated by real or perceived environmental contamination;

(5) A Government Relations and Policy Division to analyze existing environmental legislation and policy and provide strategic direction for new policy initiatives, to liaison with the Mayor’s Office, other District agencies, and federal agencies to advise on environmental issues and their impact on the District, to monitor federal environmental legislation and regulations, advance inter-governmental or intra-governmental agreements, where appropriate, to create general environmental policy positions for the District of Columbia, and to provide a centralized point of contact for all of the DOEE divisions to ensure the coherent development and advancement of policy and legislation;

(6) A Community Programming and Education Outreach Division to increase public awareness of DOEE’s ongoing environmental, educational, and outreach initiatives by informing District residents about the programs DOEE offers and the importance of everyone’s contribution to protecting and enhancing the environment, to ensure knowledge and accessibility of DOEE programs to the diversity of the District’s residents through presentations and use of printed resources and materials; and

(7) An Emergency Response and Rail Safety Division to do the following:

(A) After DDOE has been designated as the state safety oversight agency under § 8-151.08a, implement and administer safety and security programs and initiatives for rail systems within the District, including the DC Streetcar;

(B) Coordinate and conduct emergency responses to spills and releases of substances and pollutants within the District and District waters;

(C) Enter into inter-governmental agreements with appropriate federal and state agencies to enhance the capabilities of the District to respond to emergencies and to oversee the safety and security of railroad operations within the District;

(D)(i) Conduct inspection, investigative, enforcement, and surveillance activities related to the safety and security of railroad operations within the District; and

(ii) If the Director determines that enforcement is permitted under 49 U.S.C. § 20113, the Director may refer a matter to the Attorney General for the District of Columbia for appropriate enforcement action in federal district court.


(Feb. 15, 2006, D.C. Law 16-51, § 106, 52 DCR 10812; Oct. 8, 2016, D.C. Law 21-160, § 6045(b), 63 DCR 10775; Apr. 7, 2017, D.C. Law 21-254, § 101(b), 64 DCR 2028; May 19, 2017, D.C. Law 21-282, § 401(a), 64 DCR 2055.)

Applicability

Section 6033 of D.C. Law 22-168 repealed § 501(a) of D.C. Law 21-254. Therefore the changes made to this section by D.C. Law 21-254 have been implemented.

Applicability of D.C. Law 21-254: § 501 of D.C. Law 21-254 provided that the change made to this section by § 101(b) of D.C. Law 21-254 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Construction of Law

Section 401 of Law 21-254 provided that Law 21-254 shall be construed, and the authority granted under it shall be exercised, in a manner consistent with applicable federal laws and regulations.


§ 8–151.07. Authority of the Director.

The Director shall administer and have authority over DOEE, its functions and personnel, including the authority to:

(1) Re-delegate to employees authority as, in the judgment of the Director, is warranted in the interest of efficiency and sound administration;

(2) Establish general policy and standards to promote and guide the development of environmental services in the District;

(3) Take the steps necessary, pursuant to this chapter and federal requirements, to achieve primacy to enable the District to administer and enforce federal environmental laws, rules, regulations, standards, and programs, where it is determined that it will benefit the District;

(4) Promulgate rules, regulations, standards, and programs to preserve, protect, and enhance the environment that are at least as stringent as corresponding federal rules, regulations, and standards;

(5) Delegate duties, powers, and functions to other DOEE officials authorized to administer or enforce environmental laws or regulations;

(6) Establish liaisons with other agencies to effect the purposes of this chapter;

(7) Recruit, train, and accept without regard to District Service classification laws, rules, or regulations the services of individuals without compensation as volunteers for or in aid of activities related to areas administered by the Director, except that the Director shall not use volunteers to displace any District employee, in accordance with § 1-319.01;

(8) Apply for and receive federal grants, the funds of which shall be used solely for the purposes specified under the terms of the grants and appropriations involved and may not be obligated or expended for any other purpose;

(9) Establish a grant office to ensure that all potentially available federal grants are properly and timely sought;

(10) Make awards and grants, and develop incentive programs to encourage businesses, nonprofit organizations, and community groups to voluntarily reduce energy, emissions, or take other action to improve the environment;

(11) Execute and enforce the provisions of this chapter and the rules and regulations adopted pursuant to this chapter;

(12) Delegate to other employees of DOEE any of the Director’s duties and powers; and

(13) Plan, design, implement, construct, and maintain projects to protect, restore, and enhance the environment.


(Feb. 15, 2006, D.C. Law 16-51, § 107, 52 DCR 10812; Mar. 26, 2008, D.C. Law 17-138, § 702, 55 DCR 1689; Oct. 8, 2016, D.C. Law 21-160, § 6045(b), 63 DCR 10775; May 19, 2017, D.C. Law 21-282, § 401(b), 64 DCR 2055.)

Section References

This section is referenced in § 8-151.09.

Effect of Amendments

D.C. Law 17-138, in par. (10), inserted “and grants,” following “awards”, and inserted “, nonprofit organizations, and community groups” following “businesses”.


§ 8–151.08. Duties of the Director.

The Director shall oversee each administrative division within DOEE that he or she may establish and, in conjunction with the appropriate division, plan, program, operate, manage, control, and maintain systems, processes, and programs that impact on or relate to the environment of the District and shall:

(1) Prepare and submit to the Mayor and the Council, within one year of February 15, 2006, a comprehensive natural resource management and protection plan for the District of Columbia, including any recommendations for the repeal or amendment of existing District law or for proposed legislation that he or she considers necessary to give full force and effect to this chapter;

(2) Serve as the primary agency regarding environmental and natural resources policy, planning, and implementation, and making legislative recommendations for consideration by the Mayor and the Council;

(3) Make available to the public, through seminars, publications, training programs, or other means, educational information on protecting the District’s natural resources;

(4) Initiate activities that encourage local business and industry and private citizens to conserve and protect natural resources in the District of Columbia;

(5) Assist and cooperate with private, local, regional, and federal agencies and officials to protect and enhance the environment and natural resources, to promote environmental awareness, and to enforce the District's environmental and natural resource laws;

(6) Obtain, maintain, and make available to the public accurate, up-to-date information regarding the environment, including compliance data, pursuant to §§ 2-532 and 2-536;

(7) Within one year of February 15, 2006, and every 2 years thereafter, submit a comprehensive State of the Environment report to the Council assessing the state of the environment in the District, including the activities and accomplishments of the DOEE; and

(8) Serve as the trustee for natural resources for the District.


(Feb. 15, 2006, D.C. Law 16-51, § 108, 52 DCR 10812; Oct. 8, 2016, D.C. Law 21-160, § 6045(b), 63 DCR 10775; May 19, 2017, D.C. Law 21-282, § 401(c), 64 DCR 2055.)


§ 8–151.08a. State safety oversight agency designation for DC Streetcar.

DDOE is designated as the state safety oversight agency, as described in 49 U.S.C. § 5329(e) and regulations issued thereunder, for the DC Streetcar when:

(1) The Secretary of Transportation provides its approval of the operation of the District's state safety oversight program by the Department pursuant to 49 U.S.C. § 5329(e); and

(2) The Mayor publishes a notice in the District of Columbia Register:

(A) Stating that the approval referenced in paragraph (1) of this section was provided; and

(B) Identifying the date on which the Department shall assume the responsibility of serving as the state safety oversight agency.


(Feb. 15, 2006, D.C. Law 16-51, § 108a; as added Apr. 7, 2017, D.C. Law 21-254, § 101(c), 64 DCR 2028.)

Applicability

Section 6033 of D.C. Law 22-168 repealed § 501(a) of D.C. Law 21-254. Therefore the creation of this section by D.C. Law 21-254 has been implemented.

Applicability of D.C. Law 21-254: § 501 of D.C. Law 21-254 provided that the creation of this section by § 101(c) of D.C. Law 21-254 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Construction of Law

Section 401 of Law 21-254 provided that Law 21-254 shall be construed, and the authority granted under it shall be exercised, in a manner consistent with applicable federal laws and regulations.


§ 8–151.08b. Duties, powers, and requirements related to DC Streetcar safety oversight.

(a) The Director, in carrying out the duties and exercising the powers described in this section, shall not be supervised by, or under the direction or control of, any District officer or employee, or anyone acting on behalf of a District officer or employee, responsible for any aspect of the operation of the DC Streetcar.

(b) The state safety oversight agency's budget shall be a distinct program, with its own program code and all funds shall be budgeted and reported within the program. The program's budget may merge with the state rail safety agency to the extent permissible under 49 U.S.C. § 5329.

(c) After the designation of DOEE as the state safety oversight agency, the Director shall, in accordance and to the extent permissible under 49 U.S.C. § 5329:

(1) Oversee the operations of the DC Streetcar insofar as those operations affect, or could affect, the safe operation of the DC Streetcar;

(2) Conduct, or cause to be conducted, investigations, independently or in cooperation with federal or District offices or agencies, into the operations of the DC Streetcar, including any accident or incident involving the operations or assets of the DC Streetcar, insofar as those operations affect, or could affect, the safe operation of the DC Streetcar. This authority includes the authority to inspect DC Streetcar equipment, property, and operations, and to inspect and copy DC Streetcar records, reports, and other information;

(3) Audit the DC Streetcar system for compliance with safety plans, or for any other purpose that the Director concludes would promote the safe operation of the DC Streetcar;

(4) Issue reports and findings regarding all aspects of the safety of the DC Streetcar, including operations and accidents, when:

(A) The issuance of reports and findings is required by federal or District law; or

(B) The Director determines that such action would promote the safe operation of the DC Streetcar;

(5) Require the DC Streetcar to develop and submit safety plans pursuant to 49 U.S.C. § 5329(e)(4)(A)(iv) and approve or disapprove them as appropriate;

(6)(A) Enforce District statutes, regulations, and executive orders related to the safe operation of the DC Streetcar.

(B) In order to carry out subparagraph (A) of this paragraph, the Director may order the partial or complete cessation of any activity undertaken by the District government, or any entity acting on the District government's behalf, in connection with the operation of the DC Streetcar; and

(7) Conduct all operations or take any other action required of a state safety oversight agency pursuant to 49 U.S.C. § 5329, and any regulations issued thereunder.

(d) Neither the Director nor the Department shall receive funds from the District Department of Transportation or DC Streetcar related to, or for purposes of, the operation or oversight of the DC Streetcar.

(e) The Director may execute and file one or more applications, including any required certifications, assurances, or other documents, on behalf of the District with the FTA for federal grants or financial assistance authorized by 49 U.S.C. § 5329(e), Title 23 of the United States Code, or other federal statutes authorizing a project administered by the FTA, and enter into one or more grants or cooperative agreements with the FTA on behalf of the District.


(Feb. 15, 2006, D.C. Law 16-51, § 108b; as added Apr. 7, 2017, D.C. Law 21-254, § 101(c), 64 DCR 2028; Oct. 30, 2018, D.C. Law 22-168, § 6032(a), 65 DCR 9388.)

Applicability

Section 6033 of D.C. Law 22-168 repealed § 501(a) of D.C. Law 21-254. Therefore the creation of this section by D.C. Law 21-254 has been implemented.

Applicability of D.C. Law 21-254: § 501 of D.C. Law 21-254 provided that the creation of this section by § 101(c) of D.C. Law 21-254 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 6032(a) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 6032(a) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

Construction of Law

Section 401 of Law 21-254 provided that Law 21-254 shall be construed, and the authority granted under it shall be exercised, in a manner consistent with applicable federal laws and regulations.


§ 8–151.08c. Railroad safety and security authority.

(a) The Director may enter into agreements with, and provide any necessary certifications, documents, and other information to, the FRA in order to perform the functions of a state rail safety agency, to the extent permissible under 49 U.S.C. § 20101 et seq.), or any regulations issued thereunder.

(b) The state rail safety agency's budget shall be a distinct program, with its own program code and all funds shall be budgeted and reported within the program. The program's budget may merge with the state safety oversight agency's budget established under § 8-151.08b, to the extent permissible under 49 U.S.C. § 20101.

(c) The Director may engage in investigative and surveillance activities related to the safety of facilities, equipment, rolling stock, and operations of railroads and railroad carriers operating in the District and may take enforcement actions, to the extent permissible under 49 U.S.C. § 20101 et seq.), or any regulation issued thereunder.


(Feb. 15, 2006, D.C. Law 16-51, § 108c; as added Apr. 7, 2017, D.C. Law 21-254, § 101(c), 64 DCR 2028.)

Applicability

Section 6033 of D.C. Law 22-168 repealed § 501(a) of D.C. Law 21-254. Therefore the creation of this section by D.C. Law 21-254 has been implemented.

Section 501(d) of D.C. Law 21-254 provided that this section shall apply after the Mayor enters an agreement to participate in railroad investigative and surveillance activities with the Federal Railroad Administration ("FRA") and the FRA delegates investigative and surveillance authority with respect to all or any part of federal railroad safety laws pursuant to 49 C.F.R. § 212.105.

Applicability of D.C. Law 21-254: § 501 of D.C. Law 21-254 provided that the creation of this section by § 101(c) of D.C. Law 21-254 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Construction of Law

Section 401 of Law 21-254 provided that Law 21-254 shall be construed, and the authority granted under it shall be exercised, in a manner consistent with applicable federal laws and regulations.


§ 8–151.08d. Emergency response.

The Director may take any action necessary to address emergency response planning and operations related to rail systems in the District including:

(1) Development of emergency response plans as may be required by the FTA for the DC Streetcar; and

(2) Coordination and support in accordance with the District Response Plan drafted by the Homeland Security and Emergency Management Agency regarding the planning for and response to emergencies involving rail systems in the District.


(Feb. 15, 2006, D.C. Law 16-51, § 108d; as added Apr. 7, 2017, D.C. Law 21-254, § 101(c), 64 DCR 2028.)

Applicability

Section 6033 of D.C. Law 22-168 repealed § 501(a) of D.C. Law 21-254. Therefore the creation of this section by D.C. Law 21-254 has been implemented.

Section 501(d) of D.C. Law 21-254 provided that this section shall apply after the Mayor enters an agreement to participate in railroad investigative and surveillance activities with the Federal Railroad Administration ("FRA") and the FRA delegates investigative and surveillance authority with respect to all or any part of federal railroad safety laws pursuant to 49 C.F.R. § 212.105.

Applicability of D.C. Law 21-254: § 501 of D.C. Law 21-254 provided that the creation of this section by § 101(c) of D.C. Law 21-254 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Construction of Law

Section 401 of Law 21-254 provided that Law 21-254 shall be construed, and the authority granted under it shall be exercised, in a manner consistent with applicable federal laws and regulations.


§ 8–151.08e. Public reporting.

(a) The Director shall, consistent with applicable federal railroad safety laws, publish on a biannual basis, information related to railroad safety and security, including:

(1) The quantity of hazardous materials that were transported within or through the District by railroad during the reporting period; and

(2) The railroad inspection, investigation, and surveillance activities performed by the Department under §§ § 8-151.08c and § 8-151.08f during the reporting period.

(b) In publishing the information required by subsection (a) of this section, the Director shall take into account public safety and confidentiality necessary for public security.


(Feb. 15, 2006, D.C. Law 16-51, § 108e; as added Apr. 7, 2017, D.C. Law 21-254, § 101(c), 64 DCR 2028.)

Applicability

Section 6033 of D.C. Law 22-168 repealed § 501(a) of D.C. Law 21-254. Therefore the creation of this section by D.C. Law 21-254 has been implemented.

Section 501(d) of D.C. Law 21-254 provided that this section shall apply after the Mayor enters an agreement to participate in railroad investigative and surveillance activities with the Federal Railroad Administration ("FRA") and the FRA delegates investigative and surveillance authority with respect to all or any part of federal railroad safety laws pursuant to 49 C.F.R. § 212.105.

Applicability of D.C. Law 21-254: § 501 of D.C. Law 21-254 provided that the creation of this section by § 101(c) of D.C. Law 21-254 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Construction of Law

Section 401 of Law 21-254 provided that Law 21-254 shall be construed, and the authority granted under it shall be exercised, in a manner consistent with applicable federal laws and regulations.


§ 8–151.08f. Entry and inspection.

The Director shall have the authority to inspect railroad equipment, facilities, rolling stock, or operations or to inspect any record related to the safety, security, and operations of the railroad at any reasonable time and upon the presentation of appropriate credentials to the owner, operator, or person in charge, to the extent permissible under federal railroad safety laws.


(Feb. 15, 2006, D.C. Law 16-51, § 108f; as added Apr. 7, 2017, D.C. Law 21-254, § 101(c), 64 DCR 2028.)

Applicability

Section 6033 of D.C. Law 22-168 repealed § 501(a) of D.C. Law 21-254. Therefore the creation of this section by D.C. Law 21-254 has been implemented.

Section 501(d) of D.C. Law 21-254 provided that this section shall apply after the Mayor enters an agreement to participate in railroad investigative and surveillance activities with the Federal Railroad Administration ("FRA") and the FRA delegates investigative and surveillance authority with respect to all or any part of federal railroad safety laws pursuant to 49 C.F.R. § 212.105.

Applicability of D.C. Law 21-254: § 501 of D.C. Law 21-254 provided that the creation of this section by § 101(c) of D.C. Law 21-254 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Construction of Law

Section 401 of Law 21-254 provided that Law 21-254 shall be construed, and the authority granted under it shall be exercised, in a manner consistent with applicable federal laws and regulations.


§ 8–151.08g. Study of fees.

By July 1, 2019, the Mayor shall transmit to the Chairperson of the Council committee with oversight of transportation a report and recommendation as to the imposition of fees related to the transportation of hazardous materials under 49 U.S.C. § 5125(f).


(Feb. 15, 2006, D.C. Law 16-51, § 108g; as added Apr. 7, 2017, D.C. Law 21-254, § 101(c), 64 DCR 2028; Oct. 30, 2018, D.C. Law 22-168, § 6032(b), 65 DCR 9388.)

Applicability

Section 6033 of D.C. Law 22-168 repealed § 501(a) of D.C. Law 21-254. Therefore the creation of this section by D.C. Law 21-254 has been implemented.

Applicability of D.C. Law 21-254: § 501 of D.C. Law 21-254 provided that the creation of this section by § 101(c) of D.C. Law 21-254 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 6032(b) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 6032(b) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

Construction of Law

Section 401 of Law 21-254 provided that Law 21-254 shall be construed, and the authority granted under it shall be exercised, in a manner consistent with applicable federal laws and regulations.


§ 8–151.08h. Rail Safety and Security Fund.

(a) There is established as a special fund the Rail Safety and Security Fund ("Fund"), which shall be administered by the Mayor in accordance with subsection (c) of this section.

(b) Revenue from fees assessed pursuant to regulations issued under § 8-151.10(c) shall be deposited into the Fund.

(c) Money in the Fund shall be used to administer and manage expenses of the emergency response, rail safety, and rail security programs for railroad operations in the District.

(d)(1) The money deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.

(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.


(Feb. 15, 2006, D.C. Law 16-51, § 108h; as added Oct. 30, 2018, D.C. Law 22-168, § 6032(c), 65 DCR 9388.)

Emergency Legislation

For temporary (90 days) creation of this section, see § 6032(c) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) creation of this section, see § 6032(c) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).


§ 8–151.09. Grants office; establishment.

There shall be established within DOEE a grants office that shall have a grants development staff that will support DOEE grant writing efforts by:

(1) Identifying potential grant opportunities;

(2) Writing grant applications;

(3) Assisting DOEE programs in grant writing, including providing letters of support to community organizations seeking grants upon request;

(4) Reviewing draft proposals; and

(5) Following approval by the Director, or his designee, pursuant to § 8-151.07(9) timely submit grant applications and proposals.


(Feb. 15, 2006, D.C. Law 16-51, § 109, 52 DCR 10812; Oct. 8, 2016, D.C. Law 21-160, § 6045(b), 63 DCR 10775.)


§ 8–151.10. Rulemaking.

(a) Within 180 days of February 15, 2006, the Mayor shall promulgate rules and regulations to implement the provisions of this chapter, including the establishment of:

(1) Fines;

(2) Fees;

(3) Penalties;

(4) Environmental definitions, or adoption of federal definitions as set forth in the U.S. Environmental Protection Agency publication entitled “Terms of Environment.”

(5) Requirements for the maintenance, retention, and submission of records relating to the environment to the DOEE; and

(6) Enforcement, inspections, and hearing procedures.

(b) Proposed rules and regulations promulated [promulgated] pursuant to subsection (a) of this section shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day period, the proposed rules shall be deemed to be disapproved.

(c)(1) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement §§ 8-151.08a, 8-151.08b, 8-151.08c, 8-151.08d, 8-151.08e, 8-151.08f, and 8-151.08h, including, to the extent permissible under federal law, rules to establish fees to be paid by railroad carriers.

(2) If proposed rules are developed pursuant to paragraph (1) of this subsection, at the time the proposed rules are submitted to the District of Columbia Register for public notice and comment, the Mayor shall provide the proposed rules to the Rail Advisory Board for comment.

(3) If the Mayor, when issuing final rules, does not incorporate the Rail Advisory Board's suggested modifications provided pursuant to § 35-333(b)(4), the Mayor shall provide the Rail Advisory Board with a detailed written explanation as to why the proposed modifications were not incorporated.

(4) For the purposes of this subsection, the term "Railroad Advisory Board" means the Railroad Advisory Board established by § 35-332.


(Feb. 15, 2006, D.C. Law 16-51, § 110, 52 DCR 10812; Oct. 8, 2016, D.C. Law 21-160, § 6045(b), 63 DCR 10775; Apr. 7, 2017, D.C. Law 21-254, § 101(d), 64 DCR 2028; Oct. 30, 2018, D.C. Law 22-168, § 6032(d), 65 DCR 9388.)

Applicability

Section 6033 of D.C. Law 22-168 repealed § 501(a) of D.C. Law 21-254. Therefore the changes made to this section by D.C. Law 21-254 have been implemented.

Applicability of D.C. Law 21-254: § 501 of D.C. Law 21-254 provided that the change made to this section by § 101(d) of D.C. Law 21-254 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 6032(d) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 6032(d) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

Construction of Law

Section 401 of Law 21-254 provided that Law 21-254 shall be construed, and the authority granted under it shall be exercised, in a manner consistent with applicable federal laws and regulations.


§ 8–151.11. Continuity; rules and regulations.

Regulations and rules of any agency, department, administration, board, or commission, the functions of which are transferred by this chapter to DOEE and any Mayor’s order or administrative order relating to a transferred function not in conflict with this chapter shall continue in force until such time as the Mayor, or his designee, issues new rules and regulations or orders governing the subject.


(Feb. 15, 2006, D.C. Law 16-51, § 111, 52 DCR 10812; Oct. 8, 2016, D.C. Law 21-160, § 6045(b), 63 DCR 10775.)


§ 8–151.12. Achieving primacy; procedure.

(a) Prior to applying for primacy to the U.S. Environmental Protection Agency for any environmental law, the Mayor shall, in consultation with the Director of DOEE and the Chief Financial Officer of the District of Columbia, conduct a cost/benefit analysis, which shall include an economic impact analysis, performance analysis, and fiscal impact analysis, including the identification of a revenue stream to effectively assume primacy.

(b) The Mayor shall not recommend applying for primacy unless the conclusion of the cost/benefit analysis required by subsection (a) of this section is that the costs of achieving primacy would be commensurate with the benefits.

(c) If the Mayor recommends, in accordance with subsection (b) of this section, that the District apply for primacy, the Mayor shall transmit the cost/benefit analysis to the Council with a proposed resolution for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed resolution within this 45-day review period, the application for primacy shall be deemed disapproved.

(d) For the purpose of this section, “performance analysis” means the ability of the District to effectively enforce primacy, including in terms of the number of District employees needed and available, the level of specialized expertise needed and available, the number of additional employees or equipment, if any, that will be needed, and the impact of assigning existing employees or equipment to the enforcement or administration of the law for which primacy has been achieved.


(Feb. 15, 2006, D.C. Law 16-51, § 112, 52 DCR 10812; Oct. 8, 2016, D.C. Law 21-160, § 6045(b), 63 DCR 10775.)


§ 8–151.13. District Department of the Environment Fund. [Repealed]

Repealed.


(Feb. 15, 2006, D.C. Law 16-51, § 113, 52 DCR 10812; Sept. 14, 2011, D.C. Law 19-21, § 9082, 58 DCR 6226.)


§ 8–151.14. Compilation of laws, regulations, and rules.

(a) Within one year after February 15, 2006, the Mayor shall have compiled, indexed, and published in the District of Columbia Register all laws and regulations of the District of Columbia relating to the environment and rules adopted by the Mayor or by an agency in effect at the time of the compilation. The compilation shall be supplemented or revised periodically as necessary.

(b) The compilation, including any supplements or revisions, shall be made available to the public at a price fixed by the Mayor.


(Feb. 15, 2006, D.C. Law 16-51, § 114, 52 DCR 10812.)


§ 8–151.15. Applicability.

Notwithstanding any other provision of this chapter, the provisions of this chapter shall not be implemented until appropriated funds are available to pay the cost of implementation.


(Feb. 15, 2006, D.C. Law 16-51, § 115, 52 DCR 10812.)


Subchapter II. Stormwater Management.

§ 8–152.01. Stormwater Administration.

(a) There is established within the Department of Energy and Environment a Stormwater Administration (“Administration”), pursuant to § 8-151.03(b)(2). The Administration shall be responsible for monitoring and coordinating the activities of all District agencies, including the activities of the District of Columbia Water and Sewer Authority (“DC WASA”), which are required to maintain compliance with the Stormwater Permit. The Director shall designate a Stormwater Administrator to manage the Administration.

(b) The expenses of the Administration shall be disbursed from the Stormwater Permit Compliance Enterprise Fund established pursuant to § 8-152.02.

(c) The District Department of Transportation, the Department of Public Works, the Office of Planning, the Office of Public Education Facilities Modernization, the Department of General Services, the Department of Parks and Recreation, and DC WASA, and any other District agency identified by the Director (“Stormwater Agencies”), shall comply with all requests made by the Director relating to stormwater related requests, compliance measures, and activities, including the adoption of specific standards, and the submission of information, plans, proposed budgets, or supplemental budgets related to stormwater activities. In coordination with the submission of the report required by subsection (f) of this section, the Stormwater Agencies shall submit annual reports of steps implemented to fulfill or exceed their MS4 Permit obligations, as defined by the Director.

(d) At least once each fiscal year in a CapStat or comparable session, the Mayor shall review the compliance of the Stormwater Agencies with the requests made by the Director relating to MS4 Permit compliance and activities.

(e) All budgets submitted by the Mayor to the Council shall include a written determination by the Director of whether the budget adequately funds MS4 Permit compliance and activities. The Director shall inform the Council of any deficiency, and indicate the revisions that shall be made to correct the deficiency.

(f) The Director shall provide to the Mayor, the Council, and the public, the annual report submitted to the Environmental Protection Agency (“EPA”) under the terms of the Stormwater Permit.

(g) Within one year of the effective date of this section, the Director shall institute an Environmental Management System to inventory, track, and report on pollution prevention and stormwater management activities, and to hold the Stormwater Agencies accountable for progress toward meeting the performance standards and obligations required to meet the stormwater management plan of the Stormwater Permit.


(Feb. 15, 2006, D.C. Law 16-51, § 151; as added Mar. 25, 2009, D.C. Law 17-371, § 2(b), 56 DCR 1353; Sept. 26, 2012, D.C. Law 19-171, § 58(a), 59 DCR 6190; Oct. 8, 2016, D.C. Law 21-160, § 6045(a), 63 DCR 10775.)

Section References

This section is referenced in § 8-152.02.

Effect of Amendments

The 2012 amendment by D.C. Law 19-171 substituted “Department of General Services” for “Office of Property Management” in the first sentence of (c).

Editor's Notes

Section 4 of D.C. Law 17-371 provided: “Within 180 days of the effective date of this act, the Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue rules to implement the provisions of this act. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved.”


§ 8–152.02. Stormwater Permit Compliance Enterprise Fund.

(a) There is established within the Department of Energy and Environment a Stormwater Permit Compliance Enterprise Fund (“Enterprise Fund”), pursuant to § 8-151.03(b)(2). The Director shall allocate the Fund resources to carry out the MS4 Permit activities that have the greatest impact on reducing stormwater pollution.

(b) Beginning in fiscal year 2010 and each year thereafter, the Mayor shall propose the Fund with an agency level budget. The Mayor shall submit to the Council, as part of the annual budget, proposed budgets that include expenditures of the Enterprise Fund for stormwater programs, including intra-District funds sufficient to fulfill the MS4 Permit obligations of the Stormwater Agencies. The proposed budgets may include funding for large-scale, multiyear projects. The Mayor shall establish benchmark and performance-measure outcomes that connect stormwater programs with funding levels.

(c) All revenues, proceeds, and moneys collected from the stormwater user fee or from grants made for stormwater activities that are collected or received, shall be credited to the Enterprise Fund and shall not, at any time, be transferred to, lapse into, or be commingled with the General Fund of the District of Columbia, the Water and Sewer Authority General Fund, the Cash Management Pool, or any other funds or accounts of the District of Columbia.

(d) Monies from the Enterprise Fund shall only be used to fund the costs of complying with the MS4 Permit, including grants for stormwater activities, all administrative, operating, and capital costs of DC WASA and the agencies identified by the Director as having specific responsibilities under the, MS4 Permit and the Stormwater Administration established pursuant to § 8-152.01. The Enterprise Fund shall also be used for DC WASA’s costs of billing and collecting the stormwater user fee, as authorized by subchapter I of Chapter 21 of Title 34 [§ 34-2101.01 et seq.].

(e) Monies shall not be disbursed from the Enterprise Fund for costs associated with:

(1) Stormwater management activities carried out prior to April 20, 2000, including street sweeping, except to the extent those activities were enhanced, and their costs increased to comply with the terms of the Stormwater Permit; or

(2) Stormwater management activities otherwise required by law or regulation, unless specifically permitted by the Director.

(f) Within 90 days of March 25, 2009, the Office of the Chief Financial Officer shall convene quarterly meetings to coordinate with the fiscal officers of the Stormwater Agencies to ensure that each agency can access the Enterprise Fund to implement its activities in a timely manner.


(Feb. 15, 2006, D.C. Law 16-51, § 152; as added Mar. 25, 2009, D.C. Law 17-371, § 2(b), 56 DCR 1353; Sept. 24, 2010, D.C. Law 18-223, § 1122, 57 DCR 6242; Sept. 26, 2012, D.C. Law 19-171, § 58(b), 59 DCR 6190; Oct. 8, 2016, D.C. Law 21-160, § 6045(a), 63 DCR 10775.)

Section References

This section is referenced in § 8-152.01 and § 47-1803.02.

Effect of Amendments

D.C. Law 18-223 rewrote subsec. (e)(1), which had read as follows: “(1) Stormwater management activities carried out prior to April 20, 2000, except to the extent those costs increased to comply with the terms of the Stormwater Permit; or”

The 2012 amendment by D.C. Law 19-171 validated a previously made technical correction in (d).

Emergency Legislation

For temporary (90 day) amendment of section, see § 1122 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

Short Title

Short title: Section 1121 of D.C. Law 18-223 provided that subtitle M of title I of the act may be cited as the “Stormwater Permit Compliance Fund Clarification Amendment Act of 2010”.


§ 8–152.03. Stormwater User Fee Discount Program.

(a) Within one year of the enactment of an impervious area stormwater user fee by DC WASA, the Mayor shall establish a Stormwater User Fee Discount Program to be coordinated between DC WASA and the Administration.

(b) The program shall allow property owners who implement measures to manage stormwater runoff from their properties to receive a discount on the stormwater user fee assessed to them under § 34-2202.16.

(c) Stormwater user fee discounts approved by the Mayor shall be retroactive to no earlier than the date of the implementation of the impervious area stormwater fee. A property owner may not qualify for a stormwater user fee discount until the stormwater management measures for which they seek a discount are demonstrated to be fully functional.

(d) Any discount earned under this section will be revocable upon a finding by the Mayor of non-performance. Upon a finding of non-performance, the Mayor may require reimbursement of any portion of fees discounted to date.

(e) Findings of non-performance by the Mayor may be appealed by an applicant pursuant to rules established by the Mayor.

(f) Failure to reimburse may result in a lien being placed upon the property without further notice to the owner. The Mayor may enforce the lien in the same manner as in § 34-2407.02.


(Feb. 15, 2006, D.C. Law 16-51, § 153; as added Mar. 25, 2009, D.C. Law 17-371, § 2(b), 56 DCR 1353; Sept. 26, 2012, D.C. Law 19-171, § 58(c), 59 DCR 6190.)

Effect of Amendments

The 2012 amendment by D.C. Law 19-171 validated a previously made technical correction in (f).


§ 8–152.04. Stormwater management and Low Impact Development grants.

(a) The Mayor, in coordination with DC WASA, shall establish a grant program to provide Enterprise Funds for grants and direct services to property owners in the District to employ LID or stormwater best management practices.

(b) Funding for such grants will be contingent on maintaining adequate Enterprise Funds to address District obligations pursuant to the MS4 Permit.

(c) Within one year of the effective date of this section, the Director of the Department of Transportation (“DDOT”) shall submit to the Director an action plan recommending policies and measures to reduce impervious surfaces and promote LID projects in the public space. The action plan shall incorporate:

(1) New DDOT policies to reduce impervious surface and employ other LID measures in right-of-way construction projects and retrofit projects;

(2) A revised DDOT public space permitting process and the development of a mechanism to minimize stormwater runoff from the public right-of-way;

(3) Requirements and incentives for private developers to reduce impervious surface and employ LID measures when their projects extend into the public right-of-way;

(4) Policies, including fees, for the use of public space to manage stormwater runoff from private property;

(5) Policies to address ongoing maintenance of LID or stormwater best management practices installed in public right-of-way areas adjacent to private property;

(6) Strategies to remove impediments to LID projects on residential properties relating to public space; and

(7) Costs for each recommendation and a recommended timeline for funding in the Mayor’s proposed budget. The Mayor shall incorporate these recommendations in the next and subsequent proposed annual budgets.

(d)(1) Within one year of March 25, 2009, the Director, together with the Stormwater Agencies, shall prepare a study recommending policies and measures developed to implement LID and stormwater best management practices on District properties. The Mayor shall incorporate these recommendations in the next and subsequent proposed annual budgets.

(2) For each LID or stormwater best management practice installed, the Mayor shall require a maintenance agreement by District agencies to provide for their ongoing operation and maintenance to ensure installed practices continue to function as designed and installed to provide stormwater pollution reductions.

(e) The Director shall include among DOEE’s public educational efforts a campaign to inform the public on the benefits of preventing pollution from stormwater runoff, and to provide recommendations on how the general public can help keep the District’s waterways free of pollution. The Director shall also initiate outreach actions with upstream jurisdictions to encourage their implementation of similar stormwater reduction activities.

(f) The Director shall work with DC WASA to collect and evaluate scientific data on the effects of low impact development on reducing stormwater runoff to develop a plan for aggressive use of low impact development technologies to reduce the cost and size of any large-scale civil engineering solutions to reducing stormwater pollution of the area’s waterways. The Director shall inform the Stormwater Advisory Panel, and representatives of upstream jurisdictions, the Washington Metropolitan Area Transit Authority, and the federal government of the scientific data and analyses drawn from the data.


(Feb. 15, 2006, D.C. Law 16-51, § 154; as added Mar. 25, 2009, D.C. Law 17-371, § 2(b), 56 DCR 1353; Oct. 8, 2016, D.C. Law 21-160, § 6045(b), 63 DCR 10775.)


§ 8–152.05. Stormwater Advisory Panel.

(a) There is established within the Department of Energy and Environment a Stormwater Advisory Panel (“Panel”), pursuant to § 8-151.03(b)(2). The Panel shall coordinate the responsibilities of the agencies and DC WASA, and shall prepare comprehensive recommendations to the Council that identify the best means by which the District can meet or exceed all present and future federal regulatory and permit requirements, pertaining to the discharge of stormwater into receiving waters.

(b) The Panel shall be comprised of the executive officers with responsibilities pursuant to the MS4 Permit, with oversight responsibility for the administrative and financial aspects of stormwater management, or that engage in activities that impact the District’s stormwater discharge:

(1) The members of the Panel shall be:

(A) The City Administrator;

(B) The Chief Financial Officer;

(C) The Director, who will serve as the Panel’s Chair;

(D) The Stormwater Administrator;

(E) The Director of the Department of Transportation;

(F) The Director of the Department of Public Works;

(G) The Director of the Office of Planning;

(H) The Director of the Office of Public Education Facilities Modernization;

(I) The Director of the Department of General Services;

(J) The Director of the Department of Parks and Recreation; and

(K) The General Manager of DC WASA.

(2) The Director may designate additional members from other agencies whose activities impact the District’s stormwater runoff.

(3) The Director shall engage and encourage participation from representatives of the Washington Metropolitan Area Transit Authority and the federal government, including the U.S. General Services Administration and the National Parks Service.

(c) The Panel shall hold its first meeting within 90 days of March 25, 2009. The Panel shall hold at least one public hearing to receive testimony from citizens with respect to the issues stated in subsection (e)(1) and (2) of this section.

(d) The Panel shall meet at least 2 times each year.

(e) The Panel shall provide its recommendations in the annual report required to be submitted to EPA Region III under the MS4 Permit. The report shall make specific findings on:

(1) Whether the existing allocation of stormwater management responsibilities among District agencies are capable of fulfilling or exceeding present and future regulatory requirements for stormwater discharge, and if not, what changes need to be made or new government entities created;

(2) Comprehensive recommendations, specific standards adopted, and steps implemented by the respective agency to fulfill or exceed its obligation to meet its share of federal regulatory and MS4 Permit requirements pertaining to the discharge of stormwater into receiving waters; and

(3) Whether the existing stormwater user fee structure and rates are equitable and sufficient for the District to fulfill or exceed its present and future regulatory requirements for stormwater discharge, and, if not, what changes in fee structure and rate would be required to fulfill these responsibilities.

(f) Within one year of March 25, 2009, the Panel shall provide to the Council and the Mayor a study of the needs for achieving water quality compliance from the District’s stormwater runoff.

(g) Panel members shall ensure that their agencies participate in the Environmental Management System to track compliance with the District’s MS4 Permit obligations and other stormwater management responsibilities required to reduce pollution to the District’s waters.

(h) Within 120 days after March 25, 2009, the Panel shall establish a Technical Working Group (“TWG”) of agency technical staff.

(1) The TWG shall consist of the following 14 members:

(A) Each Panel member shall appoint one member of the TWG.

(B) The Mayor, the Chairman of the Council of the District of Columbia, and the Chairman of the Council committee with oversight over the Department of Energy and Environment shall each appoint one member; provided, that the appointees shall be non-agency stakeholders who are geographically diverse, and shall have expertise in stormwater management, land development, hydrology, natural resources conservation, environmental protection, environmental law, or other similar stormwater management expertise.

(2) TWG members shall serve a 2-year term, and without compensation.

(3) The Chairperson of the TWG shall be the Stormwater Administrator.

(4) The TWG shall attend monthly meetings with the Stormwater Administrator and coordinate tracking and reporting of stormwater management activities of their agencies’ efforts. The TWG shall also:

(A) Advise the Panel on technical matters and respective agency MS4 Permit compliance requirements;

(B) Make recommendations to the Panel regarding existing District agency rules, regulations, and policies that might create barriers to the implementation of LID or stormwater best management practices in the District; and

(C) Suggest programmatic incentives for best management practices which were successfully implemented in other jurisdictions to promote the implementation of these stormwater management practices on new and existing properties in the District.

(5) DOEE shall provide staff assistance to the TWG.


(Feb. 15, 2006, D.C. Law 16-51, § 155; as added Mar. 25, 2009, D.C. Law 17-371, § 2(b), 56 DCR 1353; Sept. 26, 2012, D.C. Law 19-171, § 58(d), 59 DCR 6190; Oct. 8, 2016, D.C. Law 21-160, § 6045, 63 DCR 10775.)

Effect of Amendments

The 2012 amendment by D.C. Law 19-171 substituted “Department of General Services” for “Office of Property Management” in (b)(1)(I); and validated the “March 25, 2009” date translation in the introductory language of (h).


Subchapter III. Product Limitation of Stormwater Management.

§ 8–153.01. Limitations on products containing polycyclic aromatic hydrocarbons.

(a) For the purposes of this section, the term "high PAH sealant product" means a material that:

(1) Contains:

(A) Coal tar;

(B) 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;

(C) 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; or

(D) Substances containing more than 0.1% (1000 ppm) polycyclic aromatic hydrocarbons, by weight; and

(2) Is used on, or is intended for use on, an impermeable surface, including bricks, block, metal, roofing material, asphalt, or concrete.

(b) No person shall sell, offer for sale, use, or permit to be used on property he or she owns, a high PAH sealant product.

(c)(1) Any person who violates this section shall be liable to the District for a civil penalty in an amount not to exceed $ 2,500 for each violation.

(2) For any violation, each day of the violation shall constitute a separate offense and the penalties prescribed shall apply separately to each offense.

(3) Adjudication of any infraction of this section shall be pursuant to Chapter 18 of Title 2 [§ 2-1801.01 et seq.].

(d) Repealed.

(e) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this section, including a list of sealant products that are not a high PAH sealant product and rules to establish criteria for demonstrating that a product is not a high PAH sealant product.

(f)(1) For the purposes of enforcing this section or a rule issued pursuant to this section, the Mayor may, at a reasonable time, upon the presentation of appropriate credentials to, and with the consent of, the owner, operator, or agent in charge:

(A) Enter without delay a place where a sealant product is sold, offered for sale, or used;

(B) Inspect and obtain samples of a sealant product or surface to which a sealant product has been applied; and

(C) Inspect and copy a record, report, information, or test result relating to the requirements of this section.

(2) If the Mayor is denied access to enter, inspect and obtain samples, or inspect and copy records pursuant to paragraph (1) of this subsection, the Mayor may apply to the Superior Court for the District of Columbia for a search warrant.


(Feb. 15, 2006, D.C. Law 16-51, § 181; as added Mar. 25, 2009, D.C. Law 17-371, § 2(c), 56 DCR 1353; Sept. 26, 2012, D.C. Law 19-171, § 149(b), 59 DCR 6190; Mar. 29, 2019, D.C. Law 22-278, § 2, 66 DCR 1727.)

Effect of Amendments

The 2012 amendment by D.C. Law 19-171 substituted “permit to be used on property” for “permit to be used, on property” in (b).