532 STORMWATER MANAGEMENT: LIFESPAN OF STORMWATER RETENTION CREDITS

532.1 A Stormwater Retention Credit (SRC) may be banked indefinitely, until:- (a) It is used to achieve a gallon of Off-Site Retention Volume (Offv) for one (1) year; or

- (b) The Department retires it.532.2 The Department shall retire an SRC if:- (a) An SRC owner submits a complete Department-provided application for retirement and the Department approves it; or

- (b) A final determination to retire a SRC is made pursuant to this section.532.3 Only the owner of an SRC may submit to the Department an application for retirement of that SRC.532.4 An original SRC owner with an obligation to maintain a Best Management Practice (BMP) or land cover for a year for which the Department has certified an SRC may quit that obligation by submitting and receiving the Department's approval of a:- (a) Request that the Department retire the SRC corresponding to the year for which maintenance is required, if that SRC has not been used or sold;

- (b) Request that the Department retire another SRC; or

- (c) Payment of the in-lieu fee to the Department.532.5 If the Department determines that there is a retention failure associated with a certified SRC, the Department may:- (a) If the SRC has not been sold or used:

- (1) Deny use of the SRC to achieve an Offv;

- (2) Deny an application for transfer of ownership of the SRC;

- (3) Retire the SRC; and

- (4) Give notice to the owner of the SRC of the right to contest the

denial or retirement through the administrative appeals process pursuant to Section 506 of this chapter, and give public notice of the denial or retirement on the Department's website for fifteen (15) days;

(b) If the SRC has been sold or used:

(1) Order the original SRC owner to replace the SRC with another SRC; or

(2) Assess on the original SRC owner the in-lieu fee corresponding to the SRC; and

(3) Give notice to the original SRC owner of the right to contest the determination through the administrative appeals process pursuant to Section 506 of this chapter.

532.6 If a person fails to comply with the Department's order to replace an SRC or pay the in-lieu fee within sixty (60) days, the Department may assess an administrative late fee of ten percent (10%) of the corresponding in-lieu fee payment.

532.7 If a retention failure associated with a SRC occurs, the Department may calculate compensatory SRCs and the in-lieu fee to reflect the time period for which the retention failure occurred.

532.8 If a retention failure associated with an SRC occurs or a SRC owner requests that the Department retire an SRC, the Department may pro-rate a SRC or an in-lieu fee payment accordingly.

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