543 SOIL EROSION AND SEDIMENT CONTROL: REQUIREMENTS

543.1 Erosion and sediment control measures shall be those the Department approves.

543.2 The Department shall maintain a copy of its Standards and Specifications for Soil Erosion and Sediment Control on its website and make a hard copy available for review at its offices.

543.3 Soil erosion and sediment control measures shall prevent transportation of sediment from the site.

543.4 Waterway crossing and stream bank protection measures designed and installed in compliance with the Department's Standards and Specifications for Soil Erosion and Sediment Control shall be assumed to be adequate for that purpose.

543.5 A best management practice shall be protected from sedimentation and other damage during construction to ensure proper post-construction operation.

543.6 Erosion and sediment control measures shall be in place before and during land disturbance, except as otherwise specifically stated.

543.7 Erosion and sediment control measures shall be in place to stabilize an exposed area as soon as practicable after construction activity has temporarily or permanently ceased but no later than fourteen (14) days following cessation, except that temporary or permanent stabilization shall be in place at the end of each day of underground utility work that is not contained within a larger development site.

543.8 Permanent stabilization of streets and parking areas shall be with base course crushed stone or other Department-approved measures.

543.9 Measures shall be implemented and corrective action taken, including as specified by the Department, to prevent the discharge to District sewers or District waterbodies of erodible material or waste material including those materials that have been transported off site.

543.10 A site disturbing five thousand or more square feet (≥5,000 ft²) of land shall:

(a) Adhere to a SWPPP that:

(1) The Department provides in its SWMG;

(2) The Department approves as including the minimum measures in

the Department-provided SWPPP; or

(3) Is required under the Construction General Permit issued by Region III of the United States Environmental Protection Agency; and

(b) Post a legible copy of the SWPPP on-site.

543.11 A person shall avoid work on a slope in excess of fifteen percent (15%), to the maximum extent practicable. Where avoidance is not practicable, the Soil Erosion and Sediment Control Plan for the site shall be designed, signed, and sealed by a professional engineer, licensed in the District of Columbia, and the applicant shall incorporate additional protection strategies which the Department may require in order to prevent erosion or transportation of sediments from the site.

543.12 Except on an area that is undergoing construction, perimeter controls that disturb land, including dikes, swales, ditches, and perimeter slopes, shall be stabilized within one (1) week of initial land disturbance or redisturbance:

(a) On the surface of each disturbed area; and

(b) On each associated slope greater than three (3) horizontal to one (1) vertical (3:1).

543.13 Runoff from the site shall be controlled by either diverting or conveying the runoff through areas with erosion and sediment control measures, such as through the installation of lined conveyance ditches, channels, or checkdams.

543.14 Critical area stabilization shall be applied to each cut and fill slope:

(a) That is equal to or steeper than 3:1;

(b) That is flatter than 3:1 if the Department determines that the soil characteristics require it; and

(c) To every cut and fill slope when construction is out-of-season for planting and until permanent protection can be provided.

543.15 If the Department determines that a cut and fill slope is likely to result in erosion by stormwater of sediment from the site onto adjacent property or a nearby waterbody, then the cut and fill slope shall be protected against erosion by the use of structural diversions that are protected by vegetation or matting, in a frequency and manner that a geotechnical or civil engineer licensed in the District of Columbia has determined, based on site conditions, is sufficient to prevent erosion.

543.16 Stockpiled material:- (a) That is actively being used during a phase of construction shall be protected against erosion by establishing and maintaining perimeter controls around the stockpile; and

- (b) That is not being actively used or added to shall be stabilized with mulch, temporary vegetation, hydro-seed or plastic within fifteen (15) calendar days after its last use or addition.543.17 Sediment traps or basins and other erosion and sediment controls shall be:- (a) Installed no later than the first phase of land grading;

- (b) Installed as soon as new site-related runoff is detected; and

- (c) Employed at all times to protect inlets or storm sewers below silt-producing areas.543.18 Debris basins, diversions, waterways, and related structures shall be seeded and mulched, or have sod or a stabilization blanket installed immediately after they are built.543.19 Construction site access measures to minimize off-site vehicle tracking shall:- (a) Be installed no later than the first day of construction;

- (b) Stabilize each construction entrance;

- (c) Include each additional measure required to keep sediment from being:

- (1) Tracked, or otherwise carried, onto public streets by construction vehicles; and

- (2) Washed into a storm drain or waterway; and

- (d) Comply with all other Department requirements.543.20 Off-site accumulations of sediment:- (a) Shall be removed daily during construction; and

- (b) Shall be removed immediately if the Department so requires after an

inspection.

543.21 Maintenance shall be performed to prevent stabilized areas from becoming un stabilized.

543.22 A sign that notifies the public to contact the Department in the event of erosion or other pollution shall be prominently posted on every site subject to this chapter, and the sign shall:

(a) Be in plain view of and readable by the public at a distance of twelve feet (12 ft);

(b) Be placed at each entrance to the site or as directed by the Department; and

(c) Provide contact information identified by the Department, including telephone numbers and email address.

SOURCE: 8 DCRR, Health Regulations (1965 Edition); as amended by Final Rulemaking published at 25 DCR 1033 (July 28, 1978), incorporating the text of Proposed Rulemaking published at 24 DCR 10522 (June 9, 1978); as amended by 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).