District of Columbia Administrative Code

2405 INDEPENDENT TESTING AND CERTIFICATION TO THE DEPARTMENT 2405.1 The tests required by § 2402 shall be performed by an independent testing organization. 2405.2 Beginning no later than eighteen (18) months after the effective date of these regulations, each manufacturer of a no…

2406 LABELING OF NONWOVEN DISPOSABLE PRODUCTS 2406.1 Beginning eighteen (18) months after the effective date of these regulations, a manufacturer of a nonwoven disposable product for sale in the District of Columbia shall not label a nonwoven disposable product as safe to flush, …

2407 LABELING REQUIREMENTS FOR NON-FLUSHABLE NONWOVEN DISPOSABLE PRODUCTS 2407.1 A nonwoven disposable product that has not met the flushability requirements in § 2402 of these regulations shall be clearly and conspicuously labeled to communicate that the non-flushable nonwoven d…

2408 ENFORCEMENT 2408.1 A manufacturer that offers for sale in the District of Columbia any nonwoven disposable product that does not meet the requirements of this chapter shall be subject to civil fines and penalties pursuant to the Consumer and Regulatory Affairs Civil Infracti…

2409 NOTICE OF NON-PERFORMANCE AND REQUIREMENT TO CURE 2409.1 Notwithstanding any other provision of this chapter, a manufacturer who fails to comply with the flushability performance specifications in § 2402 in either of the subsequent annual verification testing periods specifi…

2499 DEFINITIONS 2499.1 When used in this chapter, the following terms shall have the meanings ascribed: Certified product – a nonwoven disposable product that has been certified by its manufacturer, in accordance with § 2405, to meet the requirements set forth in § 2402. Departm…

2500 SCOPE AND APPLICABILITY 2500.1 The procedures and requirements of this chapter shall apply to any person conducting an activity regulated by this chapter or by Chapter 26 of Title 21 of the District of Columbia Municipal Regulations (DCMR). Together, these chapters are desig…

2501 DESIGNATION OF CRITICAL AREAS 2501.1 The Department of Energy and Environment (DOEE or Department) may designate critical areas by regulation describing the location and extent of the critical areas or the criteria for determining the location and extent of the critical area…

2502 INSPECTION 2502.1 The Department may conduct an inspection of an activity regulated under the Critical Area rules to ensure compliance with the rules. 2502.2 The Department or its representative may, at any reasonable time, upon the presentation of appropriate credentials, a…

2503 STOP WORK ORDERS 2503.1 The Department may issue a stop work order if it has determined that one (1) or more of the following conditions exists: Noncompliance with a notice that requires corrective action; Material false statement or misrepresentation of fact in an applicati…

2504 VIOLATIONS AND ENFORCEMENT PROCEDURES TC \l1 " 2504.1 Each instance or day of a violation of each provision of the Critical Area rules shall be a separate violation. 2504.2 Upon identifying a violation of the Critical Area rules, the Department may issue one or more of the f…

2505 ADMINISTRATIVE APPEALS AND JUDICIAL REVIEW 2505.1 With respect to a matter governed by the Critical Area rules, a person adversely affected or aggrieved by an action of the Department shall exhaust administrative remedies by timely filing an administrative appeal with, and r…

2599 DEFINITIONS 2599.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed: Act – the Fisheries and Wildlife Omnibus Amendment Act of 2016 (D.C. Law 21-282; D.C. Official Code § 8-1731.02 et seq.)). Certification – certification by the Dis…

2600 GENERAL PROVISIONS 2600.1 The purpose of this chapter is to provide for the management and protection of wetlands and streams in the District, consistent with the following: The District of Columbia Wetland Conservation Plan, which establishes goals of no net loss in the acr…

2601 ACTIVITIES EXEMPT FROM THIS CHAPTER 2601.1 The following activities are exempt from the permitting requirements of this chapter: (a) Any proposed regulated activity conducted by a person who received a federal Clean Water Act (CWA) section 404 permit issued by the U.S. Army …

2602 APPLICATION REQUIREMENTS FOR A DISTRICT WETLAND AND STREAM PERMIT OR A SECTION 401 WATER QUALITY CERTIFICATION 2602.1 An applicant seeking a water quality certification shall submit an electronic copy of the signed joint permit application form accessible on U.S. Army Corps …

2603 APPLICATION PROCESSING 2603.1 An application is complete if: It contains all of the information required by §§ 2602, 2605, 2606, 2607, and 2608; (b) The application fees set forth in § 2604 are paid in full; and (c) The Department determines that all the information submitte…

2604 FEE SCHEDULES FOR DISTRICT WETLAND AND STREAM PERMIT AND WATER QUALITY CERTIFICATION APPLICATIONS 2604.1 Any person applying for a wetland and stream permit or water quality certification shall pay the fees described in this section. 2604.2 The Department shall adjust the fe…

2605 DETERMINING WHETHER A PROPOSED PROJECT IS WATER-DEPENDENT OR HAS NO PRACTICABLE ALTERNATIVE 2605.1 The Department may issue a permit or certification for an activity only if the Department finds that: (a) The proposed project is water-dependent; or (b) The proposed project i…

2606 AVOIDANCE AND MINIMIZATION ANALYSES 2606.1 The Department may issue a permit or certification for an activity only if the Department finds that the applicant has demonstrated that the regulated activity will avoid, or if avoidance is not feasible, will minimize, impacts to w…

2607 MITIGATION 2607.1 The objective of mitigation is to offset functional, temporal, and permanent environmental losses resulting from unavoidable impacts to wetlands and streams authorized by wetland and stream permits and water quality certifications. 2607.2 An applicant must …

2608 MITIGATION PLAN 2608.1 If a proposed project results in unavoidable impacts to wetlands or streams after first trying to avoid and then attempting to minimize such impacts, the applicant shall develop and implement a mitigation plan. 2608.2 The applicant shall submit the mit…

2609 BONDING AND SECURITY REQUIREMENTS 2609.1 The bonding requirements of this section do not apply to agencies of the District or federal government. 2609.2 Except as provided in § 2609.4, the applicant shall file with the Department a surety bond in a form approved by the Depar…

2610 IMPLEMENTATION OF APPROVED MITIGATION PLAN, MAINTENANCE, AND MONITORING REQUIREMENTS 2610.1 A permittee shall implement the approved mitigation plan within the time period required by the Department and specified in the mitigation plan. 2610.2 A permittee shall maintain and …

2611 DISTRICT WETLAND AND STREAM MITIGATION TRUST FUND PAYMENT 2611.1 The Department may accept payment into the District Wetland and Stream Mitigation Trust Fund instead of permittee-responsible mitigation when such payment authorized in accordance with §§ 2607.18 and 2607.19. 2…

2612 PUBLIC NOTICE AND REVIEW OF WETLAND AND STREAM PERMIT APPLICATIONS 2612.1 Before issuing a wetland and stream permit or certification, the Department shall provide notice of the intent to issue the permit and the opportunity for a public hearing and may provide notice of an …

2613 PERMIT AND CERTIFICATION DECISION AND APPEAL 2613.1 The Department will notify an applicant in writing of the Department’s permit decision. 2613.2 The Department may issue a permit or certification only after an applicant has provided the Department a final site plan showing…

2614 WETLAND AND STREAM PERMIT MODIFICATION 2614.1 The Department may require a permittee to make modifications to an approved site plan or mitigation plan during construction to ensure compliance with this chapter. 2614.2 The Department may require a change to a site plan, mitig…

2615 SUSPENSION AND REVOCATION OF PERMIT 2615.1 The Department may suspend or revoke a permit or certification if the Department determines that any of the following has occurred: (a) The permittee has failed to post a required bond or alternate form of security; (b) The permitte…

2616 WETLANDS OF SPECIAL CONCERN 2616.1 Wetlands designated as wetlands of special concern have exceptional ecological value and safeguard the natural diversity of the District’s wetlands. 2616.2 The Department may designate any of the following as wetlands of special concern: We…

2699 DEFINITIONS 2699.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed: Adaptive Management – a management strategy that anticipates likely challenges associated with mitigation projects and provides for the implementation of actions t…

300 GENERAL PROVISIONS 300.1 All water meters which measure the supply of water to premises shall be installed by the Authority and shall be owned by the Authority. Authority owned water meters are all meters installed at the expense of the consumer by the Authority. The Authorit…

301 METER SETTERS AND CONNECTIONS 301.1 A meter setter and other approved fittings designed to receive a water meter, shall be a part of the water supply system of all buildings and are to be provided by the owners, the owners agent, the builder, the occupant or the consumer. 301…

302 WATER METERS 302.1 The supply of water to any premises, fountain or other automatic fixture shall be determined by meter in accordance with the provisions of this chapter and shall be paid for in accordance with rates, fees and charges established by the Authority. 302.2 No w…

303 CONNECTION, ACCESS, INSPECTION AND READING OF WATER METERS 303.1 Plumbers licensed or registered by the District of Columbia and employees or contractors of the Authority are the only persons authorized to make connections with water mains and to install or remove water meter…

304 MAINTENANCE OF METER SETTERS, OTHER SIMILAR DEVICES AND APPURTENANCES 304.1 Consumers are required to keep their meter setters, other similar devices and appurtenances in good repair and to protect them against frost and injury of any kind at their own expense. 304.2 Any pers…

305 NOTIFICATION OF PROPERTY OWNERS 305.1 Written notice required under this chapter shall be mailed to property owners at the mailing address on file with the Authority. 305.2 Property owners may have notices mailed to an address other than the service or property address if the…

306 SEALING OF METERS AND METER BYPASSES 306.1 All meters and meter bypasses shall be sealed by the Authority or its authorized agents or contractors. Seals shall be removed from meter bypasses only by the Authority and licensed, registered or otherwise properly credentialed cont…

307 TECHNICAL SPECIFICATIONS FOR WATER METER PITS, VAULTS AND APPURTENANCES 307.1 Fifteen inch (15 in.) meter pits shall be terra-cotta or fiber or plastic pipe. The frames and covers shall be in accordance with Drawing No. G-803-4A, latest revision. 307.2 Meters which are two an…

308 METER READING AND BILLING 308.1 Meters shall be read quarterly or at such other times as the General Manager shall determine. 308.2 The General Manager shall determine the schedule upon which bills shall be rendered and may establish and implement a monthly billing cycle or s…

309 METER BUY-BACK PROGRAM 309.1 The General Manager is authorized to purchase by reimbursing or extending credits to the accounts of persons who have purchased water meters and are eligible to request such reimbursement or credit under this Section 309. 309.2 A property owner or…

310 ENFORCEMENT 310.1 In addition to any other penalty authorized by law, violations of this chapter shall, result in the termination of the water supply which shall not be restored until all arrears of water charges, together with penalties and the costs incurred in terminating …

399 DEFINITIONS 399.1 When used in this chapter, the following words and phrases shall have the meanings ascribed: Authority - The District of Columbia Water and Sewer Authority. Dwelling unit - A habitable room with kitchen and bathroom facilities exclusively under the control o…

3000 PURPOSE 3000.1 The purpose of this chapter is to implement § 181 of the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 17-371; D.C. Official Code § 8-153.01) to prohibit the sale or use of sealant products containing m…

3001 LIMITATIONS ON PRODUCTS CONTAINING POLYCYCLIC AROMATIC HYDROCARBONS 3001.1 No person shall sell, offer for sale, use, or permit to be used on property the person owns, a high-PAH sealant product. SOURCE: Final Rulemaking published at 69 DCR 002756 (April 1, 2022). District o…

3002 LIST OF LOW-PAH PAVEMENT SEALANTS 3002.1 DOEE will publish a list of low-PAH pavement sealants on DOEE’s website at doee.dc.gov/coaltar. DOEE will provide a printed copy of the list of low-PAH pavement sealants upon request by email to HYPERLINK "mailto:pavementsealant@dc.go…

3003 ENTRY, INSPECTION, AND SAMPLING 3003.1 The Department may, at a reasonable time, upon the presentation of appropriate credentials to, and with consent of, the owner, operator, or agent in charge: Enter without delay a place where a sealant product is sold, offered for sale, …

3004 ENFORCEMENT 3004.1 Any person who violates any of the requirements of this chapter or D.C. Official Code § 8-153.01 shall be subject to the penalties set forth in this section. 3004.2 Any person who violates this chapter shall be liable to the District for a civil penalty in…

3005 ADMINISTRATIVE APPEALS AND JUDICIAL REVIEW 3005.1 Any person adversely affected by an action of the Department pursuant to this Chapter may timely file an administrative appeal with, and request a hearing before, the Office of Administrative Hearings (OAH), or OAH’s successo…

3099 DEFINITIONS 3099.1 When used in this chapter, the following terms shall have the meanings ascribed: Banned materials – Coal tar; Coal tar pitch, coal tar pitch volatiles, RT-12, refined tar, or a variation of those substances assigned the chemical abstracts service ("CAS") n…