For the purposes of this chapter, the term:

(1) “CapStat” means an accountability program that examines performance data to improve government services to make the District of Columbia government run more efficiently, using a methodical process for focusing the attention of government representatives on improving performance in priority issues that cross agency boundaries.

(2) “DOEE” means the Department of Energy and Environment.

(3) “Director” means the Director of the Department of Energy and Environment.

(4) “Environment” means the physical conditions and natural resources of the District, including the land, air, water, minerals, flora, and fauna in the District, and the waters adjacent to the District.

(5) “Environmental Management System” or “EMS” means an interagency data system to inventory, track, and report on progress towards performance standards and activities. The term “EMS” includes an adaptive management approach that incorporates planning, implementing, monitoring, evaluating, and adjusting the interagency data system.

(5A) "FRA" means the Federal Railroad Administration.

(5B) "Federal railroad safety laws" means federal laws, or regulations or orders issued under the authority of such laws, addressing the safety of railroad equipment and operations, including:

(A) The Federal Railroad Safety Act of 1970, approved July 5, 1994 (108 Stat. 63; 49 U.S.C. § 20101 et seq.);

(B) The Safety Appliance Acts, approved July 5, 1994 (108 Stat. 881; 9 [[49] U.S.C. § 20301 et seq.);

(C) The Locomotive Inspection Act, approved July 5, 1994 (108 Stat. 885; 49 U.S.C. § 20701 et seq.);

(D) The Signal Inspection Act, approved July 5 1994 (108 Stat. 883; 49 U.S.C. § 20501 et seq.);

(E) The Accident Reports Act, approved July 5 1994 (108 Stat. 886; 49 U.S.C. § 20901 et seq.);

(F) The Hours of Service Act, approved July 5 1994 (108 Stat. 888; 49 U.S.C. § 21101 et seq.); and

(G) The Hazardous Materials Transportation Act, approved July 5 1994 (108 Stat. 759; 49 U.S.C. 5101 et seq.), as it pertains to shipment or transportation by railroad.

(5C) "FTA" means the Federal Transit Administration.

(5D) "Hazardous materials" shall have the same meaning as provided in 49 C.F.R. § 171.8.

(6) “Impervious area stormwater user fee” or “stormwater user fee” means a fee that attributes the cost of conveying stormwater run-off via a sewer from a given property, to the quantity of stormwater run-off generated from that same property, by use of impervious surface as a surrogate metric.

(7) “Impervious surface” means a surface area that either prevents or retards the entry of water into the ground as occurring under natural conditions, or that causes water to run off the surface in greater quantities or at an increased rate of flow, relative to the flow present under natural conditions.

(8) “Low Impact Development” or “LID” means stormwater management practices that mimic site hydrology under natural conditions, by using design techniques in construction and development that store, infiltrate, evaporate, detain, or reuse and recycle runoff.

(9) “MS4” means the Municipal Separate Storm Sewer System serving approximately two-thirds of the District, and comprised of 2 independent piping systems: one system for sewage from homes and businesses, and one system for stormwater.

(10) “Natural conditions” means the state of the environment prior to anthropogenic intervention.

(10A) "Person" means an individual, corporation, company, association, firm, partnership, society, joint stock company, or any other commercial entity.

(11) “Primacy” means the grant or delegation of authority under certain federal environmental laws that allows states and the District to assume primary authority to enforce and implement the environmental laws and promulgate regulations pursuant to those laws.

(11A)(A) "Rail system" means all forms of non-highway ground transportation that run on rails or electromagnetic guideways, including rail-fixed guideway systems, as defined by 49 CFR § 659.5, and railroads.

(B) The term "rail system" does not include a rail system operation conducted by or on behalf of the Washington Metropolitan Area Transit Authority or any railroad.

(11B)(A) "Railroad" means:

(i) Any form of non-highway ground transportation that runs on rails or electromagnetic guideways, including commuter or other short-haul railroad passenger service in the District; and

(ii) High-speed ground transportation systems that connect the District with metropolitan areas, without regard to whether those systems use new technologies that are not associated with traditional railroads;

(B) The term "railroad" does not include rail system operations conducted by or on behalf of the Washington Metropolitan Area Transit Authority, the District Department of Transportation, or other rail system operators in the District that are not connected to the railroad.

(11C) "Railroad carrier" means a person providing transportation by railroad or a group of commonly controlled railroad carriers that the Secretary of Transportation has ordered to be treated as a single railroad carrier as provided for in 49 U.S.C. § 20102(3).

(12) “SDWA” means the Safe Drinking Water Act, approved December 16, 1974 (88 Stat. 1660; 42 U.S.C. § 300f et seq.).

(13) “Sewer” shall have the same meaning as provided in § 34-2202.01(9).

(13A) "State safety oversight agency" means the District entity designated by the Secretary of Transportation to implement the requirements of 49 U.S.C. § 5329 and 49 C.F.R. § 674.

(14) “Stormwater best management practice” means a structure used to reduce the volume or the pollutant content of a stormwater discharge.

(15) “Stormwater Permit” or “MS4 Permit” means NPDES No. DC0000221, issued to the District of Columbia by the Environmental Protection Agency.

(Feb. 15, 2006, D.C. Law 16-51, § 101, 52 DCR 10812; Mar. 25, 2009, D.C. Law 17-371, § 2(a), 56 DCR 1353; Sept. 26, 2012, D.C. Law 19-171, § 149(a), 59 DCR 6190; Oct. 8, 2016, D.C. Law 21-160, § 6045, 63 DCR 10775; Apr. 7, 2017, D.C. Law 21-254, § 101(a), 64 DCR 2028.)

D.C. Law 17-371 rewrote the section.

The 2012 amendment by D.C. Law 19-171 deleted “April 20, 2000” following “No. DC0000221, issued” in (15).

Section 6033 of D.C. Law 22-168 repealed § 501(a) of D.C. Law 21-254. Therefore the changes made to this section by D.C. Law 21-254 have been implemented.

Applicability of D.C. Law 21-254: § 501 of D.C. Law 21-254 provided that the change made to this section by § 101(a) of D.C. Law 21-254 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

For temporary (90 day) amendment of section, see § 902 of Fiscal Year 2010 Balanced Budget Support Emergency Act of 2010 (D.C. Act 18-450, June 28, 2010, 57 DCR 5635).

For temporary (90 day) amendment of section, see § 902 of Fiscal Year 2010 Balanced Budget Support Congressional Review Emergency Act of 2010 (D.C. Act 18-531, August 6, 2010, 57 DCR 8109).

Section 902 of D.C. Law 18-222 rewrote subsec. (e) to read as follows:

“(e) Monies shall not be disbursed from the Enterprise Fund for costs associated with:

“(1) Stormwater management activities carried out prior to April 20, 2000, including street sweeping, except to the extent those activities were enhanced, and their costs increased, to comply with the terms of the Stormwater Permit; or

“(2) Stormwater management activities otherwise required by law or regulation, unless specifically permitted by the Director.”.

Section 2002(b) of D.C. Law 18-222 provided that the act shall expire after 225 days of its having taken effect.

Section 401 of Law 21-254 provided that Law 21-254 shall be construed, and the authority granted under it shall be exercised, in a manner consistent with applicable federal laws and regulations.