528 STORMWATER MANAGEMENT: MAINTENANCE

528.1 Each owner or designee of each lot and parcel that is part of a site that undertook a major regulated project shall be responsible for maintenance required by the Stormwater Management Plan (SWMP) approved by the Department and shall record that responsibility in a declaration of covenants.

528.2 The Department may assign maintenance responsibility for a Shared Best Management Practice (S-BMP) in an approved SWMP after considering:

(a) How maintenance will be achieved;

(b) Each lot and parcel's responsibility relative to its reliance on each S-BMP and land cover to comply with this chapter;

(c) Administrative feasibility; and

(d) Accountability and enforceability.

528.3 The owner, governmental agency, or other person with maintenance responsibility shall ensure that a Best Management Practice (BMP) and a land cover on a lot or parcel is maintained in good working order if:

(a) The BMP or land cover was installed to meet the requirements of this chapter for a major regulated project; or

(b) The Department certified a Stormwater Retention Credit for a gallon of retention capacity created by the BMP or land cover.

528.4 Natural land cover employed to comply with a retention requirement in this chapter shall not be converted to compacted or impervious land cover, unless the loss of retention capacity associated with the land conversion will be:

(a) Offset by a corresponding increase in retention capacity elsewhere on the site that complies with the requirements of this chapter; or

(b) Offset by a corresponding increase in use of off-site retention that complies with the requirements of this chapter; and

(c) The Department approves a change to the previously approved SWMP for the site, showing how the loss of retention capacity will be offset.

528.5 Compacted land cover employed to comply with a retention requirement in this chapter shall not be converted to impervious land cover, unless the loss of

retention capacity associated with the land conversion will be:

(a) Offset by a corresponding increase in retention capacity elsewhere on the site that complies with the requirements of this chapter; or

(b) Offset by a corresponding increase in use of off-site retention that complies with the requirements of this chapter; and

(c) The Department approves a change to the previously approved SWMP for the site, showing how the loss of retention capacity will be offset.

528.6 Maintenance of each BMP and land cover shall comply with the applicable Department-approved SWMP, including promptly repairing and restoring each:

(a) Grade surface;

(b) Wall;

(c) Drain;

(d) Structure;

(e) Foundation;

(f) Sign;

(g) Plant; and

(h) Erosion or sediment control measure.

528.7 If the Department finds that a BMP or land cover is not being properly maintained:

(a) The Department may require that the condition be corrected; and

(b) The governmental agency, owner, or other person charged with maintenance responsibility shall correct the condition.

528.8 If an owner or other person charged with maintenance responsibility fails or refuses to correct a condition as the Department directs, the Department may:

(a) Declare the owner or person out of compliance;

(b) Take corrective action itself or through its contractor;

(c) Assess the cost incurred and fees; and

(d) Assess a fine or penalty.

528.9 If the Department determines that the condition of a BMP or land cover presents an actual or imminent harm to the environment or the public health, the Department may:

(a) Declare the owner or other person charged with maintenance responsibility to be out of compliance;

(b) Take protective and corrective action itself or through its contractor without prior notice to the owner;

(c) Assess the cost incurred and fees; and

(d) Assess a fine or penalty.

528.10 Used soil media removed from a BMP receiving drainage from an area intended for use or storage of motor vehicles shall not be re-used for planting or as fill material and shall be disposed of in a landfill or at a transfer station for transport to a landfill.

528.11 Non-vegetative waste material from cleaning, maintaining, repairing, and replacing a BMP shall be disposed of in a landfill, trash transfer station, or other facility for processing these materials in accordance with District and Federal law.

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).