§ 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.)
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).
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.)
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).
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: 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.
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.
§ 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).