527.1 A site that undergoes a major regulated project shall use off-site retention to achieve each gallon of its Off-Site Retention Volume (Offv).

527.2 No person shall allow a portion of their Offv obligation to be unfulfilled for any period of time.

527.3 A person shall achieve each gallon of Offv for each year by:

(a) Using one (1) Department-certified Stormwater Retention Credit (SRC) subject to the conditions in § 527.9; or

(b) Paying the in-lieu fee to the Department.

527.4 An obligation to use off-site retention for a gallon of Offv shall end if:

(a) On-site retention of the gallon is achieved in compliance with a Department-approved Stormwater Management Plan (SWMP); or

(b) Site redevelopment that follows a Department-approved SWMP occurs.

527.5 No person shall use a SRC to achieve an Offv without obtaining the Department’s approval.

527.6 Only the owner of a SRC may apply to the Department for approval to use a SRC to achieve an Offv.

527.7 The Department shall track the use of off-site retention to achieve an Offv.

527.8 An application to use a SRC to achieve an Offv shall be on a form that the Department provides and shall include:

(a) The unique serial number of the SRC; and

(b) Information about the site applying to use the SRC, including property location and stormwater management on the property.

527.9 Except for as specified for an Anacostia Waterfront Development Zone site, a person using a Department-certified SRC to achieve a gallon of Offv shall use an SRC generated in the following location:

(a) For a site that drains to the CSS:

(1) If the site achieves at least fifty percent (50%) of the SWRv on-site, the SRC can be generated without regard to the location; or

(2) If the site achieves less than fifty percent (50%) of the SWRv on-site:

(A) If the site is located in a part of the CSS that is not targeted for green infrastructure implementation under a court-approved consent decree, the SRC must be generated outside the CSS;

(B) If the site is located in a part of the CSS that is targeted for green infrastructure implementation under a court-approved consent decree, the SRC must be generated in a part of the CSS that is targeted for green infrastructure implementation under a court-approved consent decree or outside the CSS; or

(C) If the Department determines that the SRC is generated according to a SWMP that is part of the same common plan of development as the site with Offv, then the SRC may be used to satisfy the Offv for that site without regard to the location; or

(b) For a site that does not drain to the CSS, the SRC must be generated outside the CSS, except:

(1) If a site has a SWMP with an Offv approved by the Department prior to April 30, 2020, then an SRC generated by the site owner may be used from a site in the CSS that received SWMP approval from the Department prior to April 30, 2020; or

(2) If SRCs are purchased prior to April 30, 2020, or are purchased in accordance with a contract signed prior to April 30, 2020, then the SRCs may be used without regard to the location where they were generated.

527.10 The Department shall not approve an application to use a SRC to achieve an Offv if:

(a) The SRC has already been used to achieve one (1) year of Offv; or

(b) The Department has retired the SRC.

527.11 The one (1)-year lifespan of a SRC and of the in-lieu fee begins on the date that it is used to achieve an Offv.

528.12 The Department may approve the elimination of an Offv obligation for a previously approved project that would not have an Offv obligation under §§ 517.7 or 518.14 provided that each on-site BMP is maintained in accordance with the approved SWMP for the project.

528.13 A person seeking Departmental approval to eliminate an Offv obligation in accordance with § 528.12 shall submit a request through the Department's submittal database and attach a letter explaining why the project qualifies for § 528.12. In determining whether to approve the request, the Department may consider the criteria in §§ 517.7 or 518.14.

528.14 If the Department approves the elimination of an Offv obligation, the Department may pro-rate the amount of SRCs used or in-lieu fee payment through the date of approval and return any unused SRCs or refund any excess in-lieu fee payment in accordance with § 527.17 and the applicant shall revise the declaration of covenants, if necessary, in accordance with § 529.4.

527.15 Upon receipt of a notice related to noncompliance with an obligation to achieve an Offv, the property owner shall immediately:

(a) Comply; and

(b) Pay fees and charges assessed.

527.16 For a property owner who does not come into compliance within thirty (30) days after the date of the Department's notice of a lapse in satisfaction of an Offv obligation and who owns an SRC that has not been used to achieve the Offv for another property, the Department may apply that SRC to the Offv obligation that is out of compliance.

527.17 If the Department finds that an obligation has terminated or that its administration of payments would be improved, it may:

(a) Pro-rate the amount of SRCs used and adjust accordingly in the Department's tracking system; and

(b) Pro-rate the in-lieu fee and refund.

SOURCE: Final Rulemaking published at 35 DCR 21 (January 1, 1988); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013); as amended by Final Rulemaking published at 67 DCR 818 (January 31, 2020).