503 SEDIMENTATION CONTROL PLANS

503.1 The Department shall approve in writing any erosion and sedimentation control plan submitted by an applicant for a building permit if the Department determines the following:

(a) The plan meets the erosion and sedimentation control standards and specifications; and

(b) The applicant has certified in writing that he or she will implement the control measures specified in the plan.

503.2 If a plan submitted for approval under this section is found, after review by the Department, to be inadequate to control soil erosion and sedimentation, the Department shall disapprove the plan.

503.3 If a plan is disapproved under §503.2, the Department shall notify the permit applicant in writing, providing the specific reasons for the disapproval of the plan.

503.4 The Department, in addition to notice of the reasons for disapproval of the plan under §503.2, may also suggest modifications, terms, and conditions which would permit the approval of the plan if the permit applicant were to resubmit the plan to the Department.

503.5 If a plan is disapproved by the Department under §503.2, the permit applicant shall have the right to appeal that decision in accordance with the provisions of §507.

503.6 Changes to an approved plan may be granted by the Department of Consumer and Regulatory Affairs in the following circumstances:

(a) If an inspection during construction has revealed the inadequacy of the plan to accomplish the erosion and sedimentation control, and changes to correct deficiencies in the plan are agreed to by the Department and the permittee; or

(b) If the permittee finds that because of changed circumstances or for other reasons the approved plan cannot be effectively carried out and the proposed amendments to the plan are consistent with the requirements of this regulation and are agreed to by the Department and the permittee.

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).