D.C. Mun. Regs. tit. 16, § 3646

[Repealed]

Authority: The Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.04 (2012 Repl.)); the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code §§ 8-151.01 et seq. (2013 Repl.)); the District of Columbia Air Pollution Control Act of 1984, effective March 15, 1985 (D.C. Law 5-165; D.C. Official Code §§ 8-101 et seq. (2013 Repl.)); the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; D.C. Official Code §§ 8-401 et seq. (2013 Repl. & 2014 Supp.)); the Brownfields Revitalization Amendment Act of 2010, effective April 8, 2011 (D.C. Law 18-369; D.C. Official Code §§ 8-631 et seq. (2013 Repl.)); the District of Columbia Underground Storage Tank Management Act of 1990, effective March 8, 1991 (D.C. Law 8-242; D.C. Official Code §§ 8-113.01 et seq. (2013 Repl.)); the Childhood Lead Screening Amendment Act of 2006, effective March 14, 2007 (D.C. Law 16-265; D.C. Official Code § 7-871.03 (2012 Repl. & 2013 Supp.)); the Transfer of Lead Poison Prevention Program to the District Department of the Environment Amendment Act of 2008, effective August 18, 2008 (D.C. Law 17-219; D.C. Official Code § 8-151.03(b)(1)(B)(ii)(II)) (2013 Repl.)); the Lead-Hazard Prevention and Elimination Act of 2008, effective March 31, 2009 (D.C. Law 17-381; D.C. Official Code §§ 8-231.01 et seq. (2013 Repl.)); the Lead Hazard Prevention and Elimination Amendment Act of 2010, effective March 31, 2011 (D.C. Law 18-348; D.C. Official Code §§ 8-231.01 et seq. (2013 Repl.)); the District of Columbia Hazardous Waste Management Act of 1977, effective March 16, 1978 (D.C. Law 2-64; D.C. Official Code §§ 8-1301 et seq. (2013 Repl.)); the Water Pollution Control Act of 1984, effective March 16, 1985 (D.C. Law 5-188; D.C. Official Code §§ 8-103.01 et seq. (2013 Repl.)); Mayor’s Order 2006-61, Section 7 and 29, dated June 14, 2006; and Mayor’s Order 2009-113, dated June 18, 2009. Source: Final Rulemaking published at 52 DCR 5058 (May 27, 2005); as amended by Final Rulemaking published at 61 DCR 8407 (August 15, 2014).District of Columbia, Office of the Secretary

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3646 SOIL EROSION AND SEDIMENT CONTROL AND STORM WATER MANAGEMENT INFRACTIONS

3646.1 Violation of any of the following provisions shall be a Class 1 infraction:

(a) 21 DCMR § 502.6 (failure to comply with stop work order for land disturbing activity); or
(b) 21 DCMR § 532.4(d) (failure to comply with stop work order for storm water management).

3646.2 Violation of any of the following provisions shall be a Class 2 infraction:

(a) 21 DCMR § 502.1 (failure to obtain a building permit before engaging in any earth movement or land disturbing activity that requires an approved erosion and sedimentation plan); or
(b) 21 DCMR § 526.1 (engaging in any earth movement or land disturbing activity without instituting appropriate storm water management measures).

3646.3 Violation of any of the following provisions shall be a Class 3 infraction:

(a) 21 DCMR § 504.1 (failure to correct erosion);
(b) 21 DCMR § 505.3 (failure to notify the Department timely of completion of land disturbing activity);
(c) 21 DCMR § 506.2 (failure to comply with an approved erosion and sedimentation plan);
(d) 21 DCMR § 529.1 (failure to comply with storm water management criteria before developing any land);
(e) 21 DCMR § 529.2 (failure to comply with minimum storm water run-off control requirements);
(f) 21 DCMR § 530.1 (failure to establish measures for the management of storm water run-off);
(g) 21 DCMR § 531.1 (failure to submit a storm water management plan);
(h) 21 DCMR § 532.4(a) (failure to comply with the conditions of the storm water management plan);
(i) 21 DCMR § 532.4(b) (failure to comply with conditions upon which a waiver was granted);
(j) 21 DCMR § 532.4(c)(failure to comply with approved construction plan);
(k) 21 DCMR § 532.4(e) (failure to implement measures to avoid immediate danger in a downstream area);
(l) 21 DCMR § 533.2 (failure to notify the Department twenty-four (24) hours before beginning construction of any on-site or off-site storm water management facility);
(m) 21 DCMR § 533.4 (beginning scheduled storm water management work before authorized Department representative inspects and approves work previously completed);
(n) 21 DCMR § 533.5 (failure to promptly correct in the manner specified any portion of the work that does not comply with the approved plans);
(o) 21 DCMR § 534.2 (failure to comply with requirements for proper and timely maintenance and repair of storm water management facility);
(p) 21 DCMR § 535.1 (failure to comply with specifications and designs of the District of Columbia Storm Water Management Guidebook);
(q) 21 DCMR § 538.1(e) (failure to limit grading to areas of workable size so as to limit the duration of exposure of disturbed and unprotected areas);
(r) 21 DCMR § 538.1(f) (failure to strip, stockpile and stabilize topsoil; failure to protect stockpiled material with mulch or temporary vegetation);
(s) 21 DCMR § 538.1(g) (failure to control runoff by diverting or conveying it safely through the areas with structural measures);
(t) 21 DCMR § 538.1(h) (failure to provide appropriate erosion and sediment control structures before or during the first phase of land grading);
(u) 21 DCMR § 538.1(i) (failure to seed/sod and mulch debris basins, diversions, waterways and related structures immediately after they are built);
(v) 21 DCMR § 538.1(j) (failure to provide sediment traps to protect inlets or storm sewers below silt producing areas);
(w) 21 DCMR § 538.1(k) (failure to establish temporary cover by seeding or mulching graded areas);
(x) 21 DCMR § 538.1(l) (failure to stabilize all streets and parking areas within thirty (30) days of final grading, with base course crushed stone);
(y) 21 DCMR § 539.4 (failure to place adequate erosion control measures before and during exposure);
(z) 21 DCMR § 539.5 (creating period of exposure exceeding one hundred twenty (120) days);
(aa) 21 DCMR § 539.6 (failure to provide temporary or permanent stabilization during or after rough grading);
(bb) 21 DCMR § 539.9 (failure to protect all cut and fill slopes against storm water runoff);
(cc) 21 DCMR § 541.2 (failure to place excavated material on uphill side of trenches); or
(dd) 21 DCMR § 543.3 (failure to provide erosion and sediment control plan).

3646.4 Violation of any of the following provisions shall be a Class 4 infraction:

(a) 21 DCMR § 538.2 (failure to apply appropriate conservation practices on first disturbed section of land before opening up another);

(b) 21 DCMR § 539.1 (failure to apply erosion and sediment control measures to erodible material exposed by project activity);

(d) 21 DCMR § 539.3 (failure to protect all exposed, unprotected areas within a minimum amount of time);

(e) 21 DCMR § 539.8 (exposing more than seven hundred fifty thousand square feet (750,000 sq. ft.) of area).

(f) 21 DCMR § 539.10 (failure to protect cut and fill slopes in five foot (5 ft.) vertical increments);

(g) 21 DCMR § 540.1 (failure to protect rough graded rights-of-way (for roads or utilities) with interceptor dikes no more than three hundred feet (300 ft.));

(h) 21 DCMR § 540.2 (failure to use temporary diversion dikes or flumes to carry runoff down fill slopes to suitable outlet);

(i) 21 DCMR § 540.3 (failure to install permanent drainage and diversion structures after completing rough grading);

(j) 21 DCMR 541.1 (creating more than five hundred feet (500 ft.) of open trench);

(k) 21 DCMR 542.1 (failure to install gutters and downspouts in a timely manner);

(l) 21 DCMR 542.2 (failure to dissipate velocity of water from downspouts or pipe it directly to storm drains);

(m) 21 DCMR 542.3 (failure to retain as much natural vegetation on site as practicable or failure to limit removal of vegetation to that necessary for landscaping or construction); or

3646.5 Violation of any provision of the District of Columbia Soil Erosion and Sedimentation and Storm Water Management Regulations (21 DCMR, Chapter 5), that is not cited elsewhere in this section, is a Class 4 infraction.

SOURCE: Final Rulemaking published at 52 DCR 5058 (May 27, 2005).