D.C. Mun. Regs. tit. 21, § 528
528.1 The Director of the Department of Consumer and Regulatory Affairs, or his or her designee, may waive the storm water management requirements for individual developments, Provided, that the applicant first submits to the Department, a written request containing descriptions, drawings, and any other information that shall be necessary to evaluate the proposed development. Separate written requests for waivers shall be submitted for each addition, extension, or modification to a development.
528.2 In order to be eligible for a waiver, an applicant shall demonstrate that storm water runoff from the subject property will not adversely impact the receiving wetlands, water course, or waterway because:
(a) The proposed development will not generate more than ten percent (10%) increase in the two-year pre-development peak discharge rate;
(b) The site is surrounded by developed areas which are served by an existing network of public storm drainage systems of adequate capacity to accommodate the runoff from the proposed development; except for the following:
(1) Shopping centers;
(2) Industrial or commercial developments;
(3) Subdivision; and
(4) Roads; or
(c) Provisions that control the direct outfall to tidewater when one inch (1 in.) of rainfall accumulates meet required infiltration standards and specifications.
528.3 The Director may grant a variance from any of the provisions in §§526 through 535 of this chapter if there are exceptional circumstances applicable to the site, and where such strict adherence to these provisions will result in unnecessary hardship or practical difficulty.
528.4 A written request for variance shall be submitted to the Director, stating the specific variance sought and the reason.
SOURCE: Final Rulemaking published at 35 DCR 21, 22 (January 1, 1988).