532.1 The current SRC owner or their agent may:

1. (a) Bank an SRC indefinitely until the lifespan of the SRC terminates;
2. (b) Transfer an SRC to a new owner; or
3. (c) Terminate the lifespan of an SRC by submitting a form in the Department's submittal database to request the Department's authorization to:
4. (1) Use the SRC to comply with one (1) gallon of an Off-Site Retention Volume (Offv) requirement for one (1) year; or
5. (2) Retire the SRC.

532.2 When a person is out of compliance with the requirements of this chapter, the Department may administratively terminate the lifespan of an SRC that the person owns by:

1. (a) Using the SRC to comply with the person's Offv requirement; or
2. (b) Pursuant to § 532.4(c), retiring the SRC to resolve the person's failure to comply with a requirement of an SWMP for which the Department certified an SRC.

532.3 An original SRC owner may request the Department's approval to terminate a requirement to maintain a BMP or land cover change during a time period for which the Department has certified an SRC. To do so, the original SRC owner shall:

1. (a) If the BMP or land cover change is required to comply with the performance requirements for a major regulated activity, obtain the Department's approval for a plan revision pursuant to this chapter; and
2. (b) For each SRC certified for the time period:
3. (1) Retire the SRC; or
4. (2) If the SRC cannot be retired because the lifespan of the SRC has terminated or because the SRC has been transferred to a new owner, then:

(A) Retire another SRC as a replacement according to the list of eligible SRC types in § 532.6; or

(B) Pay the in-lieu fee as a replacement.

532.4 If the Department determines that an original SRC owner failed to maintain a BMP or land cover change during a time period for which the Department has certified an SRC, and the original SRC owner did not receive the Department's approval to terminate the maintenance requirement pursuant to § 532.3, the Department shall:

(a) Provide the original SRC owner with written notice of noncompliance;

(b) Calculate the prorated amounts of SRCs and in-lieu fee that correspond to the time period of noncompliance;

(c) If the original SRC owner still owns an SRC that was certified for the time period and the lifespan of the SRC has not terminated:

(1) Deny use of the SRC to comply with an Offv;

(2) Deny transfer of ownership of the SRC; and

(3) Administratively retire the SRC pursuant to this section; and

(d) If the lifespan of an SRC that was certified for the time period has terminated, require the original SRC owner to retire another SRC or pay the in-lieu fee as a replacement pursuant to this section.

532.5 If an original SRC owner does not retire an SRC or pay an in-lieu fee within sixty (60) days of the date the Department issued a written notice of noncompliance pursuant to § 532.4:

(a) The Department shall administratively retire another SRC that the original SRC owner owns according to the list of eligible SRC types in § 532.6; or

(b) If the original SRC owner does not own an eligible SRC, then the original SRC owner shall:

(1) Pay the in-lieu fee for the equivalent number of SRCs that are required; and

(2) Pay an administrative late fee calculated as ten percent (10%) of the in-lieu fee amount pursuant to § 501.12.

532.6 When a person or the Department retires an SRC to replace another SRC, they shall:

(a) Replace any type of SRC with a High-Impact SRC;

(b) Replace a Low-Impact Municipal Separate Storm Sewer System (MS4) SRC with any MS4 SRC;

(c) Replace a Low-Impact Green Combined Sewer System (Green CSS) SRC with any SRC except a Low-Impact Gray Combined Sewer System (Gray CSS) SRC; or

(d) Replace a Low-Impact Gray CSS SRC with any type of SRC.

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 72 DCR 012101 (October 31, 2025).