Proposed Rulemaking on Stormwater Management and Soil Erosion and Sediment Control
Friday, June 7, 2013
DDOE has been undertaking an ongoing public process with the objective of finalizing a new Rule on Stormwater Management and Soil Erosion and Sediment Control (Rule) and a new Stormwater Management Guidebook (SWMG).
Next Public Comment Deadline - July 8, 2013
Currently, DDOE is conducting a second formal comment period. The versions of the Rule and the SWMG that the public should review for this comment period are referred to as the “Second Proposed Rule” and the “Second Proposed SWMG.” The preamble of the Second Proposed Rule has instructions on how to submit comments for both documents. For clarifying questions on the Rule, please contact Brian Van Wye at Brian.VanWye@dc.gov or (202) 741-2121. For clarifying questions on the SWMG, please contact Rebecca Stack at Rebecca.Stack@dc.gov or (202) 727-5160.
Timeline for Public Process
DDOE plans to finalize the Rule and SWMG by July 22, 2013 as required by the District’s Municipal Separate Storm Sewer Permit. To date, DDOE has published three versions of the Rule and SWMG and completed a first formal comment period and an informal comment period:
- August 10, 2012 - published first draft - “Proposed” version
- November 8, 2012 - completed first formal public comment period
- March 29, 2013 - published second draft - “Revised” version
- April 30, 2013 - completed informal public comment period
- June 7, 2013 - published third draft - “Second Proposed” version
- July 8, 2013 - deadline for second formal public comment period
- July 22, 2013 - target date to finalize Rule and SWMG
The proposed Rule and SWMG are designed to accomplish the following:
- Significantly reduce stormwater pollution flowing into the Anacostia and Potomac Rivers, Rock Creek, and other District waterbodies by making the land “spongier” and to better mimic how the vegetated natural environment captures rainwater and soaks it into the soil;
- Improve the health of District waterbodies over time, making them more usable and attractive for District residents, businesses, and visitors;
- Update the District’s existing requirements to reflect the current scientific, engineering, and practical understanding in the field and to be comparable to other urban jurisdictions, such as Philadelphia, PA and Montgomery County, MD;
- Improve equity in how the burden of stormwater management is allocated in the District;
- Provide flexible compliance options for regulated sites to maximize cost savings while still protecting District waterbodies;
- Create a financial incentive and business opportunity for voluntary installation of stormwater retrofits to earn Stormwater Retention Credits that can be sold to regulated sites to meet part of their requirements; and
- Allow the District to comply with federal requirements established in its stormwater permit, which is issued by the United States Environmental Protection Agency.
The following are links to the documents involved in the public comment process:
- Versions of the Rule
- Versions of the SWMG and Calculator Spreadsheets
- Summary of In-Lieu Fee Calculation
- DDOE Response to Public Comments on the Proposed Rule and Proposed SWMG
- Public Comments on the Rule and SWMG
- Training Presentations from First Formal Comment Period
- DDOE Clarification of Misconceptions about the Proposed Rule
- DDOE Responses to Clarifying Questions about the Proposed Rule and Proposed SWMG
Notifications Related to Rule and Guidebook
DDOE is committed to an equitable, impartial, and transparent public process and will continue to update this page to ensure that all stakeholders and members of the public have access to the same information.
To be added to a notification list for news related to the public process for the Rule and SWMG, please email Arquena Dailey at firstname.lastname@example.org or call (202) 741-2136.
- Webcast on District’s proposed stormwater management regulations and Stormwater Retention Credit trading program
- Article (“Making Stormwater Retrofits Pay”) on how regulated sites can purchase Stormwater Retention Credits to meet a portion of their requirements from Water Environment & Technology Magazine
- Presentation on the impacts of stormwater on District waterbodies and the need for stormwater retention [PDF]
- ECONorthwest report on stormwater management and economic factors that influence developers’ decisions
- Industrial Economics, Inc cost analysis of an earlier (2010) version of the proposed stormwater management regulations
- DDOT LID Standards and Specifications