Code of the District of Columbia

§ 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.