D.C. Mun. Regs. tit. 10-A, § 622
622.1 Like cities across the United States, Washington, DC faces the challenge of combating the pollution of its rivers, streams, and groundwater. The problem dates to colonial days when the District disposed of sewage and agricultural waste in its rivers. While the days of open sewers and unregulated dumping are in the past, Washington, DC's waterways are still significantly impaired. Although there is still work to do, given the progress made as a result of DC Water's Clean Rivers Project, the District is significantly closer to achieving the Sustainable DC goal of fishable and swimmable rivers.
622.2 Most of the pollutants entering Washington, DC's waters cannot be traced to specific points. Oil, gas, dust, pesticides, trash, animal waste, and other pollutants are carried to rivers and streams each time it rains. Vegetated and unpaved areas absorb some of these pollutants, while paved surfaces do not. Industrial uses like power plants and military bases also impact water quality. Toxins from these uses have contaminated the groundwater in certain areas and have settled into riverbeds, creating the danger that they will be re-released if the sediment is disturbed. In addition, runoff carries high volumes of fast-moving water to local streams, scouring natural channels and stripping away the resources necessary to support local fish and wildlife.
622.3 As noted in the Infrastructure Element, the combined storm sewers system serves the dual purpose of conveying sewage as well as stormwater in about one-third of the District. During major storms or snow melts, stormwater and sanitary sewage flows exceed the capacity of the conveyance system, causing raw sewage and stormwater to be released into the Anacostia and Potomac rivers, Rock Creek, and tributary streams. Millions of gallons of sewage may be dumped into the river during such events, lowering oxygen levels and damaging aquatic life. When fully completed in 2030, the 18-mile Clean Rivers Project will result in a 96 percent system-wide reduction in combined sewer overflow volume.
622.4 The federal Clean Water Act required the District to take steps to control stormwater pollution and eventually meet clean water standards. The Long-Term Control Plan for sanitary and storm sewer separation is one of these steps. Another is the Municipal Separate Storm Sewer System (MS4) permit, which includes specific requirements for the two-thirds of Washington, DC where storm and sanitary sewers are already separated. The MS4 Program, which is managed by the DOEE, authorizes the discharge from industrial and construction sites and other critical source facilities, monitoring of these discharges, enforcement activities for violators, and annual reporting. In 2001, the District passed legislation authorizing the collection of fees to fund these activities.
622.5 As with air quality, water quality improvements cannot be tackled by the District
alone. The Anacostia watershed includes 176 square miles, and over 80 percent of this area is in Maryland. The Potomac watershed is larger still—over 14,600 square miles—and extends as far as West Virginia and Pennsylvania. A number of interstate and multi-agency initiatives have been launched to address water quality problems. These must be sustained and expanded in the future.
622.6
Improve the quality of water in the District’s rivers and streams to meet public health and water quality standards, and maintain the physical, chemical, and biological integrity of these watercourses for multiple uses, including recreation and aquatic life.
622.7
Continue sustained capital investment in the District’s wastewater treatment system in order to reduce overflows of untreated sewage and improve the quality of effluent discharged to surface waters. Maintain and upgrade the Blue Plains treatment plant as needed to meet capacity needs and to incorporate technological advances in wastewater treatment.
See the Infrastructure Element for more details on wastewater treatment.
622.8
Continue to implement water pollution control and management practices aimed at reducing runoff and pollution, including the flow of sediment and nutrients into streams, rivers, and wetlands.
622.9
Reduce the concentration of chemicals with identified ecological and human health risks in Anacostia and Washington Channel sediments. Remediation measures should restore wetlands and riparian habitats, address ongoing sources, and minimize the possibility of media (e.g., water, sediment, or biota) contamination resulting from dredging or disturbances of the river bottom.
622.10
Protect Washington’s groundwater from the adverse effects of construction processes and urban land uses. Contaminated groundwater should be investigated to determine whether long-term monitoring or treatment is necessary or feasible. Future land uses and activities should be managed to minimize public exposure to groundwater hazards and reduce the likelihood of future contamination.
622.11
Provide public outreach and education and maintain inspection and enforcement to identify and eliminate illicit discharges to Washington, DC’s stormwater system and District waters.
622.12 Policy E-6.1.7: Regional Coordination Promote planning at the watershed level, particularly cooperative efforts with Maryland, to address existing pollution loads in the Anacostia River basin. Undertake similar efforts with jurisdictions in the Potomac watershed to address water quality in the Potomac River.622.13 Action E-6.1.A: Stormwater Management Program As required by the EPA, Washington, DC creates a Stormwater Management Plan every five years, covering such topics as runoff-reducing GI, maintenance of GI infrastructure, education, surface regulations, fees, and water quality education. The plan should include measures that achieve specific water quality standards, reevaluate and clarify stormwater standards to eliminate confusion, and propose fee levels that are sufficient to maintain an effective stormwater management program and encourage residents and businesses to reduce stormwater pollution.622.14 Action E-6.1.B: Funding Continue funding for water quality improvements, including abatement of combined sewer overflow, removal of toxins, and Anacostia River clean up. Set incentive-based fee structures for District residents and commercial property owners. Evaluate opportunities to adjust stormwater fees to accelerate the restoration of local waters as required by the District's federally issued MS4 permit.622.15 Action E-6.1.C: Monitoring and Enforcement Maintain a District water pollution control program that enforces water quality standards, regulates land-disturbing activities (to reduce sediment), inspects and controls sources of pollution in the District, and comprehensively monitors District waters to identify and eliminate sources of pollution. This program should be adequately staffed to carry out its mission and to implement innovative stormwater management programs. Other environmental programs—including underground storage tank (UST) regulation, contaminated site remediation, and pesticide control programs—must take groundwater impacts into account in their regulatory and enforcement activities.622.16 Action E-6.1.D: Clean Water Education Working with DC Water, DOEE, DCPS, the Office of the State Superintendent of Education (OSSE), and local universities, increase public information, education, and outreach efforts on stormwater pollution. These efforts could include such measures as community clean ups, storm drain marking, school curricula, demonstration projects, signage, and advertisement and media campaigns.622.17 Action E-6.1.E: Total Maximum Daily Load Implementation A Total Maximum Daily Load (TMDL) sets the quantity of a pollutant that may
be introduced into a water body. As a critical step in implementing these requirements, waste load allocations for individual sources or discharges (including District entities) into the municipal stormwater system should be assigned, and the technologies and management practices to control stormwater should be identified. Continue to work with stakeholders to update and execute Washington, DC's 2016 Consolidated TMDL Implementation Plan, which details actions to reduce pollution from the MS4 as necessary to achieve water quality objectives. Remove TMDLs for tributaries where the water is not being polluted. Update the District's Watershed Implementation Plan for the Chesapeake Bay, and continue to implement through two-year milestones as part of Chesapeake Bay Program efforts to have all practices in place by 2025 to meet the Chesapeake Bay TMDL.
622.18 Action E-6.1.F: Houseboat Regulations Improve regulation of houseboats and other floating structures in the Washington Channel, Anacostia River, and Potomac River to reduce water pollution.
622.19 Action E-6.1.G: Clean Marinas Promote the Clean Marinas Program, encouraging boat clubs and marinas to voluntarily change their operating procedures to reduce pollution to District waters.
622.20 Action E-6.1.H: Rainwater and Greywater Explore the capture and reuse of rainwater and greywater for potable and non-potable indoor uses, including the creation of new policies and guidance that would allow for captured and recycled water for clothes washers, toilets, showers, dishwashers, and other domestic uses.
SOURCE: District of Columbia Comprehensive Plan Act of 1984, effective April 10, 1984 (D.C. Law 5-76; 31 DCR 1049 (March 9, 1984)); as amended by District of Columbia Comprehensive Plan Act of 1984 Land Use Element Amendment Act of 1984, effective March 16, 1985 (D.C. Law 5-187; 32 DCR 873 (February 15, 1985)); as amended by District of Columbia Comprehensive Plan Amendments Act of 1989, effective May 23, 1990 (D.C. Law 8-129; 37 DCR 55 (January 5, 1990)); as amended by District of Columbia Comprehensive Plan Amendments Act of 1989 NCPC-Recommended Amendments, and Closing of Public Alleys in Square 669, S.O. 88-452, Act of 1990, effective May 23, 1990 (D.C. Law 8-132; 37 DCR 2213 (April 6, 1990)); as amended by District Government Land Use Temporary Amendment Act of 1994, effective October 1, 1994 (D.C. Law 10-190; 41 DCR 5360 (August 12, 1994)); as amended by Comprehensive Plan Amendments Act of 1994, effective October 6, 1994 (D.C. Law 10-193; 41 DCR 5536 (August 19, 1994)); as amended by District of Columbia Comprehensive Plan Act of 1984 Land Use Amendment Act of 1994, effective March 21, 1995 (D.C. Law 10-235; 42 DCR 30 (January 6, 1995)); as amended by Technical Amendments Act of 1996 effective April 18, 1996 (D.C. Law 11-110; 43 DCR 530 (February 9, 1996)); as amended by Second Technical Amendments Act of 1996 effective April 9, 1997 (D.C. Law 11-255; 44 DCR 1271 (March 7, 1997)); as amended by Comprehensive Plan Amendment Act of 1998, effective April 27, 1999 (D.C. Law 12-275; 46 DCR 1441 (February 19, 1999)); as amended by Technical Amendments Act of 1999, effective April 12, 2000 (D.C. Law 13-91; 47 DCR 520 (January 28, 2000)); as amended by Comprehensive Plan Amendment Act of 2006, effective March 8, 2007 (D.C. Law 16-300; 54 DCR 924 (February 2, 2007)); as amended by Technical Amendments Act of 2008, effective March 25, 2009 (D.C. Law 17-353; 56 DCR 1117 (February 6, 2009)); as amended by Comprehensive Plan Amendment Act of 2010, effective April 8, 2011 (D.C. Law 18-361; 58
DCR 908 (February 4, 2011); as amended by Comprehensive Plan Amendment Act of 2021, effective August 21, 2021 (D.C. Law 24-20; 68 DCR 006918 (July 16, 2021)).