D.C. Mun. Regs. tit. 21, § 502

Duty to Comply

Authority: Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985, as amended (D.C. Law 6-42; D.C. Official Code §§ 2-1801.01 et seq. (2007 Repl. & 2012 Supp.)); District Department of the Environment Establishment Act of 2005, §§ 101 et seq., effective February 15, 2006, as amended (D.C. Law 16-51; D.C. Official Code §§ 8-151.01 et seq. (2008 Repl. & 2012 Supp.)); National Capital Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Act of 2008, effective March 26, 2008 (D.C. Law 17-138; 55 DCR 1689), as amended by the Anacostia Waterfront Environmental Standards Amendment Act of 2012, effective October 23, 2012 (D.C. Law 19-192; D.C. Official Code §§ 2-1226.31 et seq.) (2012 Supp.)); The Soil Erosion and Sedimentation Control Act of 1977, effective September 28, 1977 (D.C. Law 2-23; 24 DCR 792), as amended by the Soil Erosion and Sedimentation Control Amendment Act of 1994, effective August 26, 1994, (D.C. Law 10-166; 41 DCR 4892; 21 DCMR §§ 500-15); Uniform Environmental Covenants Act of 2005, effective May 12, 2006, as amended (D.C. Law 16-95; D.C. Official Code §§ 8-671.01 et seq. (2008 Repl.)); Water Pollution Control Act of 1984, effective March 16, 1985, as amended (D.C. Law 5-188; D.C. Official Code §§ 8-103.01 et seq. (2008 Repl. & 2012 Supp.)); and Mayor’s Order 2006-61, dated June 14, 2006, and its delegations of authority. Source: 8 DCRR § 8-2:804, Health Regulations (1965 Edition); as amended by Section 2 of the Soil Erosion and Sedimentation Control Act of 1977 (D.C. Law 2-23; 24 DCR 792 (July 22, 1977)), as amended by Final Rulemaking published at 35 DCR 7692 (October 21, 1988); as amended by Final Rulemaking published at 35 DCR 8552 (December 9, 1988); as amended by § 4(b) of the Soil Erosion and Sedimentation Control Amendment Act of 1994 (D.C. Law 10-166, 41 DCR 4892, 4893 (July 22, 1994)); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013).District of Columbia, Office of the Secretary

Viewing an earlier, undated versionView current

502 LAND DISTURBING ACTIVITIES

502.1 No person may engage in any land disturbing activity on any property within the District until that person has secured a building permit from the District. Approval of a building permit shall be conditioned upon submission by the permit applicant of an erosion and sedimentation plan which has been reviewed and approved by the Department.

502.2 The Department shall establish and publish in the D.C. Register guidelines for the information and supporting documents to be included in the erosion and sedimentation plan required under this section. These guidelines should require or specify the following:

(a) Provisions in each plan for controlling erosion while land disturbing activity is under way and after its completion; and

(b) General qualifications necessary for persons preparing erosion and sedimentation plans.

502.3 The guidelines for preparation of erosion and sedimentation plans are incorporated in this section by reference in accordance with the District of Columbia Documents Act (D.C. Code §1-1532(b)(3) (1992 Repl. Vol.)), and shall be available for public inspection as set forth in §501.4.

502.4 Fees for land disturbing activities are set forth as follows:

EXCAVATION, GRADING AND LANDFILL PLAN REVIEW:

For sites measuring up to 595 ft.² or 66 yds³ of disturbed earth	38.00

For sites measuring more than 595 ft.² or 66 yds³ of disturbed earth	38.00 plus 2.5 cents per additional 100 ft.² or 0.333 cubic yards of disturbed earth

STORM WATER MANAGEMENT PLAN REVIEW:

For land disturbing activities for sites measuring more than 5,000 ft.²	55.00 plus 2.5 cents per additional 100 ft.² over 5,000 ft.²

502.5 Upon notice from the Director that the work involving a land disturbing activity is being conducted contrary to the provision of the Health Regulations of the District of Columbia, effective December 26, 1969 (21 DCMR §§500 et seq.), or in an unsafe and dangerous manner such work shall be immediately stopped. The stop work order shall be in writing, state the conditions under which work may be resumed, and be given to the owner of the property involved, the owner's agent, or the person doing the work.

502.6 Any person who shall continue any work related to the particular land disturbing activity for which a stop work order has been served, except such work as that person is directed to perform to correct a violation or unsafe condition, shall be liable to a fine pursuant to §104 of the Department of Consumer and Regulatory Affairs Civil Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Code §6-2704).

SOURCE: Section 2 of the Soil Erosion and Sedimentation Control Act of 1977, D.C. Law 2-23, 24 DCR 792 (July 22, 1977), 8 DCRR §8-2:804, Health Regulations (1965 Edition); as amended by Final Rulemaking published at 35 DCR 7692 (October 21, 1988), by Final Rulemaking published at 35 DCR 8552 (December 9, 1988); and by §4(b) of the Soil Erosion and

Sedimentation Control Amendment Act of 1994, D.C. Law 10-166, 41 DCR 4892, 4893 (July 22, 1994).