### D.C. Code 

### § 8-1.01..05 District ofColumbia Official Code Copyright

### © 2015The District ofColumbia All rights reserved. Currentthrough laws in effect as ofApril 23, 2015 and through DC Act 20-592. Division I. 

### Government of District. Title 8. Environmental and Animal Control and Protection. Subtitle A. Environmental Control and Protection. Chapter 1. Environmental Controls. Subchapter I. 

### Air Pollution Control. Part A. General. D.C. Code 

### § 8-101.05 (2015) § 

### 8-101.05. Comprehensiveair pollution control program. 

### (a) The Mayorshall develop a comprehensive program forthe control and prevention ofair pollution in the Districtthat provides forthe administration and enforcement ofthe requirements ofthis part and the regulations promulgated pursuant tothis part. 

### (b) (1)The Mayor, in the administration ofthe comprehensive program forthe control and prevention ofoutdoorair pollution, may exercise the following powers to safeguard and preserve airquality in the District: 

### (A) Conduct research, monitoring, modeling, investigations, experiments, training demonstrations, surveys, and studies, relating to the causes, effects, extent, prevention, and control ofair pollution in the District; 

### (8) Collect and distribute, through publication, educational and training programs, and other means, the results of, and other information pertaining to, the activities carried out undersubparagraph (A) ofthis paragraph; 

### (C) Advise, consult, cooperate, and enter into agreements with the governments and agencies ofany state or political subdivision and any interstate orother regional organization representing these states or political subdivisions to: (i) 

### Establish cooperative effortand mutual assistance agreements or programs for the prevention and control ofair pollution and the enforcement oftheir respective air pollution laws; and 

### (ii) Establish or participate in any organization as may be necessary to carry out these agreements; (D) 

### Adopt air pollution control standards, require and issue permits, and establish any other program necessary to regulate sources ofair pollution emissions in the District; (E) 

### Adopt ambient airquality standards; (F) 

### Adopt standards governing emission of nuisance air pollutants likely to injure public health orwelfare or interfere with reasonable enjoyment of life and property; and.",



### (G) Establish and maintain an indoor air hazard education program to educate District residents on the potential threats posed by and mitigation methods for indoorair hazards. 

### (2) In determining interference with reasonable enjoyment of life and property under paragraph (l)(F) ofthis subsection, the Mayorshall consider: 

### (A) The frequency, duration, and intensity ofthe source; 

### (8) The number ofcomplaints filed about the source; (e) The number ofdistinct complaints filed about the source; (D) The zoning classification ofthe affected area; and (E) The source's ability to prevent complaints. 

### (e) For the purpose ofexecuting the authority underthis part, the Mayor may: (1) Hold hearings relating to the administration ofthis part; 

### (2) Secure necessary scientific, technical, administrative, and operational services, including laboratory facilities, by contract, orotherwise; 

### (3) Receive and administer grants ordonations made to carry outthe purposes ofthis part; and 

### (4) Take any other action necessary. 

### (d) To assist in enforcing the provisions ofthis partand regulations issued pursuant to this part, the Mayor shall: (1) Make available an electroniccomplaint form to receive complaints ofairquality violations from the public, including, at a minimum, complaints ofodors and engine idling; 

### (2) Acknowledge receipt ofan airquality complaint to the complainant no laterthan 7 days after receipt, in a writing orthrough an electronic message; 

### (3) Track all airquality complaints, the agency's response to each complaint, and the resolution ofeach complaint; 

### (4) Establish an electronic mechanism by which the complainant, the source ofthe complaint, and any interested party may access any publically available information on the complaint; and 

### (5) Make publicly available on the District Department ofthe Environment's website a quarterly report listing all airquality complaints received and their resolution. HISTORY: (Mar. 15, 1985, D.C. Law 5-165, § 5, 32 DCR 562; July 25, 1995, D.C. Law 11­ 30, § 3, 42 DCR 1547; Sept. 9, 2014, D.C. Law 20-135, § 101(a), 61 DCR 6767.) NOTES:

### PriorCodifications. -­ 1981 Ed., 

### § 6-905. 

### Effectofamendments. -­ The 2014 amendment by D.C. Law 20-135 rewrote the section. 

### Emergency legislation. -­ Fortemporary (90 day) amendment ofsection, see 

### § 2 of Lamond-Riggs Air Quality Study EmergencyAct of2006 (D.C. Act 16-284, February 27, 2006, 53 OCR 1635). 

### Legislative historyof Law 5-165. -­ For legislative history of D.C. Law 5-165, see Historical and Statutory Notes following 

### § 8­ 101.04. 

### Legislative historyof Law 11-30. -­ Law 11-30, the "Technical AmendmentsAct of 1995," was introduced in Council and assigned Bill No. 11-58, which was referred to the Committee ofthe Whole. The Bill was adopted on first and second readings on February 7, 1995, and March 7, 1995, respectively. Signed by the Mayor on March 22, 1995, itwas assigned Act No. 11-32 and transmitted to both Houses ofCongress for its review. D.C. Law 11-30 became effective on July 25, 1995. 

### Legislative historyof Law 20-135. -­ See note to 

### § 8-101.04. 

### Editor's notes. -­ Air Quality Control Regulations amended: Section 485 of D.C. Law 6-42 amended 

### §§ 100.4 and 105.1 oftheAir Quality Control Regulations, effective March 15, 1985, (D.C. Law 5­ 165; 20 DCMR Chapters 1 through 9) to provide for adjudication of infractions pursuant to Chapter 18 ofTitle 2. Section 501(b) of D.C. Law 6-42 provided that the provisions ofthe act shall apply only to infractionswhich occur orare discovered by inspection after October 5, 1985. Section 2(v) of D.C. Law 8-237 amended 

### § 485 of D.C. Law 6-42, effective March 8, 1991, to insert subsections 105.2 and 3013.4 regarding the imposition ofcivil fines, penalties, and fees as alternative sanctions.

### D.C. Code § 

### 8-101.05a to § 

### 8-101.05g District ofColumbia Official Code Copyright

### © 2015 The District ofColumbia All rights reserved. Current through laws in effect as ofApril 23, 2015 and through DC Act 20-592. Division I. 

### Government of District. Title 8. Environmental and Animal Control and Protection. Subtitle A. Environmental Control and Protection. Chapter 1. Environmental Controls. Subchapter I. 

### Air Pollution Control. Part A. General. 

## D.C. Code § 

## 8-101.05a (2015) § 

### 8-101.05a. Inspection; rightofentry. (a) Upon the presentation ofappropriate credentials to the owner, agent in charge, or tenant, the Mayorshall have the right, subject to subsection (c) ofthis section, to enter a premises or inspect an activity reasonably believed to be subject to this partto determine compliance with this part or a regulation promulgated pursuant to this part. The right of entry shall be forthe following purposes: 

### (1) Inspection, including the right to inspect and copy records related to compliance with this partand regulations promulgated pursuant to this part; 

### (2) Observation; 

### (3) Measurement; 

### (4) Sampling; 

### (5) Testing; and 

### (6) Collection ofevidence. 

### (b)The Mayor may: (1) 

### Investigate and take testimony under oath regarding any report of noncompliance with a federal or District law or regulation applicable to air pollution control; 

### (2) Require a person or entity subject to this part ora regulation promulgated pursuant to this part, orwho the Mayor reasonably believes may have information necessary to carry out the purposes ofthis part, on a one-time, periodic, orcontinuous basis to: 

### (A) Establish, maintain, and submit records and reports; 

### (B) Install, use, and maintain monitoring equipment, and use audit procedures, or methods;(e) Sample emissions in accordance with such procedures or methods, atsuch locations, atsuch intervals, during such periods and in such manneras the Mayorshall prescribe; (D) Keep records on control equipment parameters, production variables, or other indirectdata, as appropriate; (E) Submit compliance certifications; and (F) Provide other information as the Mayor may reqUire. 

### (e) Ifthe Mayor is denied access to enter or inspect the premises in accordance with this section, the Mayor may apply to the Superior Court ofthe District ofColumbia, pursuant to § 11-941, orthe Office ofAdministrative Hearings, pursuant to § 2-1831.09(b)(12), for a search warrant. An owner's denial ofaccess to conduct an inspection in accordance with this section shall constitute a violation ofthis section, and the ownershall be subjectto the civil and administrative penalties imposed by § 8-101.05c and the criminal penalties imposed by § 8-101.05d. 

### (d) The Mayor may require reimbursement ofcosts for services, including inspections, sample collection, document review, or other reasonable costs orfees incurred in implementing this section and § 8-101.05. HISTORY: (Mar. 15, 1985, D.C. Law 5-165, §5a, as added Sept. 9, 2014, D.C. Law 20-135, § 101(b), 61 DCR 6767.) NOTES:
Legislative history of Law 20-135. -­ See note to § 8-101.04.

## D.C. Code § 

## 8-101.05b (2015) § 

### 8-101.05b Violations. Each day ofa violation oforfailure to complywith this part ora regulation promulgated pursuant to this part shall constitute a separate offense, and the penalties set forth in 

### §§ 8­ 101.05c, 8-101.05d, 8-101.05e, and 8-101.05fshall be applicable to each separate offense. 

### HISTORY: (Mar. 15, 1985, D.C. Law 5-165, 

### § 5b, as added Sept. 9, 2014, D.C. Law 20­ 135, 

### § 101(b), 61 DCR 6767.) 

### NOTES:
Legislative history of Law 20-135. -­ See note to 

### § 8-101.04.

## D.C. Code § 

## 8-101.05c (2015) § 8-101.05c. Civil penalties. 

### (a) A person who violates this partora regulation promulgated pursuantto this part shall be civilly liable and shall be subjectto a civil penalty of no more than $ 37,500 per day per offense. The Mayor mayadjustthis civil penalty by rulemaking to account for inflation and shall adjust this civil penalty by rulemaking to meet or exceed the civil penalty authorized for violations pertaining to the Clean AirAct, approved July 14, 1955 (77 Stat. 392; 42 U.S.C. § 7401 et seq.). 

### (b) The Mayor may impose civil infraction penalties, fines, and fees as alternative sanctions for any violation ofthis part or a regulation promulgated pursuantto this part, pursuant to the procedures ofChapter 18 ofTitle 2 

### [§ 2-1801.01 et seq.]. HISTORY: (Mar. 15, 1985, D.C. Law 5-165, § 5c, as added Sept. 9, 2014, D.C. Law 20­ 135, § 101(b), 61 DCR 6767.) NOTES:
Legislative history of Law 20-135. -­ See note to § 8-101.04.

## D.C. Code § 

## 8-101.05d (2015) § 

### 8-101.05d. Criminal penalties. A person who willfully or recklessly violates this part ora regulation promulgated pursuant to this part shall be gUilty ofa misdemeanorand, upon conviction, shall be subject to a fine notto exceed 

### $ 25,000 per offense perday, imprisonment notto exceed one year, or both. The fines set forth in this section shall not be limited by section 101 ofthe Criminal Fine Proportionality Amendment Act of2012, approved June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01).§ 22-3571.01. HISTORY: (Mary. 15, 1985, D.C. Law 5-165, §5d, as added Sept. 9, 2014, § 101(b), D.C. Law 20-135, 61 OCR 6767.) NOTES: 

### Legislative historyof Law 20-135. -­ See note to § 8-101.04.

## D.C. Code § 

## 8-101.05e (2015) § 8-101.05e. False statements. A person who knowingly makes a false statement in an application, record, report, plan, or otherdocumentsubmitted or maintained underthis part shall be gUilty ofa misdemeanor, and subjectto a fine notto exceed 

### $ 10,000, imprisonment notto exceed 6 months, or both. The fines set forth in this section shall not be limited by § 22-3571.01. HISTORY: (Mar. 15, 1985, D.C. Law 5-165, §5e, as added Sept. 9, 2014, D.C. Law 20-135, § 101(b), 61 DCR 6767.) NOTES:
Legislative historyof Law 20-135. -­ See noteto § 8-101.04.

## D.C. Code § 

## 8-101.05f (2015) § 

### 8-101.05f. Othersanctions. In addition to, or in lieu of, a civil orcriminal penalty orfee: (1) 

### The Mayor may modify, suspend, revoke, ordeny a permit orcertification issued by the Districtforfailure to comply with this partora regulation promulgated pursuantto this part, after notice and opportunityfora hearing pursuantto §8-101.05h; and 

### (2) The Attorney General forthe District ofColumbia maycommence appropriate civil action in the Superior Court ofthe District ofColumbia oranyothercourt ofcompetent jurisdiction for damages, cost recovery, reasonable attorney and expert witness fees, and injunctive orotherappropriate reliefto enforce compliance with this part orthe regulations adopted pursuantto this part. HISTORY: 

### (Mar. 15, 1985, D.C. Law 5-165, § Sf, as added Sept. 9, 2014, D.C. Law 20­ 135, § 101(b), 61 DCR 6767.) NOTES: 

### Legislative historyof Law 20-135. -­ See note to § 8-101.04.

# ..

D.C. Code § 

## 8-101.05g (2015) § 8-101.05g. Orders. 

### (a) Ifthe Mayordeterminesthat a hazardous condition exists that may endangerthe health orsafety ofthe residents or property, orthe environment in the District due to a person's noncompliance with this part ora regulation promulgated pursuantto this part, the Mayor may issue a cease and desist order requiring the person to cease operations immediately or to otherwise cease noncompliance with this part ora regulation promulgated pursuantto this part. 

### (b) Ifthe Mayor has reason to believe that there has been a violation ofthis part ora regulation promulgated pursuant tothis part, the Mayor may issue a compliance order requiring a violatorto take action to come into compliance with this part ora regulation promulgated pursuanttothis part and to take such measures as may be necessaryto remedy a hazardous condition. HISTORY: (Mar. 15, 1985, D.C. Law 5-165, 

### § 5g, as added Sept. 9, 2014, D.C. Law 20­ 135, 

### § 101(b), 61 DCR 6767.) NOTES:

Legislative historyof Law 20-135. -­ See note to 

### § 8-101.04.(



### D.C. Code 

### § 

## 8-1.01..06 District ofColumbia Official Code Copyright

### © 2015The DistrictofColumbia All rights reserved. Current through laws in effectas ofApril 23, 2015 and through DC Act 20-592. Division I. Government of District. Title 8. Environmental and Animal Control and Protection. SubtitleA. Environmental Control and Protection. Chapter 1. Environmental Controls. Subchapter I. Air Pollution Control. Part A. General. D.C. Code § 8-101.06 (2015) 

### § 8-101.06. Rules. (a) The Mayor may issue oramend any rule needed to comply with the requirements of federal laws and regulations in implementing the District's comprehensive air pollution control program. (b)The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days ofCouncil recess. Ifthe Council does not approve ordisapprovethe proposed rules, in whole or in part, by resolution within this 45-day period, the proposed rules shall be deemed approved. Nothing in this section shall affect any requirement imposed upon the Mayor bysubchapter I ofChapter 5 ofTitle 

### 2. (c)The Mayor may also issue oramend any rule needed to implementthe provisions ofthis part pursuant to subchapter I ofChapter 5 ofTitle 2. Rules issued pursuant to this subsection are not subject to the 45-day Council review period prescribed in subsection (b) ofthis section. 

### HISTORY: (Mar. 15, 1985, D.C. Law 5-165, § 6, 32 DCR 562; Apr. 26, 1994, D.C. Law 10­ 106, § 5,41 DCR 1014; May 16, 1995, D.C. Law 11-15, § 2, 42 DCR 1392; Apr. 9, 1997, D.C. Law 11-255, § 58, 44 DCR 1271.) 

### NOTES:

PriorCodifications.

-­ 1981 Ed., § 6-906. 

### Temporary legislation.

-­ For temporary (225 day) amendment ofsection, see § 3 ofAir Pollution Control Act of 1984 National Ambient Air Quality StandardsAttainmentTemporaryAmendmentAct of 1992 (D.C. Law 9-262, March 27, 1993, law notification 40 DCR 2332). 

### Emergency legislation.

-­"i

For temporary amendment ofsection, see § 3 ofthe Air Pollution Control Act of 1984 National Ambient Air Quality StandardsAttainment Emergency Amendment Act of 1992 (D.C. Act 9-390, January 6, 1993, 40 DCR 683). 

### Legislative history of Law 5-165. -­ For legislative history of D.C. Law 5-165, see Historical and Statutory Notes following § 8­ 101.04. 

### Legislative historyof Law 10-106. -­ Law 10-106, the "MotorVehicle Biennial Inspection Amendment Act of 1993," was introduced in Council and assigned Bill No. 10-6, which was referred to the Committee on Public Works and the Environment. The Bill was adopted on first and second readings on January 4, 1994, and February 1, 1994, respectively. Signed by the Mayoron February 18, 1994, itwas assigned Act No. 10-194 and transmitted to both Houses ofCongress for its review. D.C. Law 10-106 became effective on April 26, 1994. 

### Legislative history of Law 11-15. -­ Law 11-15, the "Air Pollution Control Program Regulations Federal Conformity Amendment Act of 1995," was introduced in Council and assigned Bill No. 11-40, which was retained by CounciL. The Bill was adopted on first and second readings on January 17, 1995, and February 7, 1995, respectively. Signed by the Mayoron March 9, 1995, itwas assigned Act No. 11-27 and transmitted to both Houses ofCongress for its review. D.C. Law 11-15 became effective on May 16, 1995. 

### Legislative history of Law 11-255. -­ Law 11-255, the "Second Technical Amendments Act of 1996," was introduced in Council and assigned Bill No. 11-905, which was referred to the Committee ofthe Whole. The Bill was adopted on first and second readings on November7, 1996, and December3, 1996, respectively. Signed by the Mayoron December 24, 1996, itwas assigned Act No. 11-519 and transmitted to both Houses ofCongress for its review. D.C. Law 11-255 became effective on April 9, 1997. 

### Delegation ofAuthority. -­ Delegation ofauthority pursuant to D.C. Law 5-165, District ofColumbia Air Pollution Control Act of 1984, see Mayor's Order 88-62, March 15, 1988. 

### Resolutions. -­ Resolution 14-106, the "AirQuality RegulationsAmendment Emergency Approval Resolution of2001", was approved effective May 1, 

### Editor's notes. -­ Application of 10-106: Section 6(b) of D.C. Law 10-106 provided that § 5 ofthe act shall apply as ofSeptember 30, 1993. District ofColumbia Air Pollution Control Act of 1984 Proposed Rulemaking ApprovalResolution of 1998: Pursuantto Resolution 12-(PR12-693), effectiveJune 19, 1998, the Council approved the proposed rulemaking to amend Chapters 1 through 5 and Chapters 7 and 8 ofTitle 20 (Environment) DCMR, issued pursuant to the "District ofColumbia Air Pollution Control Act of 1984".

### D.C. Code§ 

### 8-1.51..07 District ofColumbia Official Code Copyright

### © 2015The DistrictofColumbia All rights reserved. Currentthrough laws in effectas ofApril 23, 2015 and through DC Act 20-592. Division 1. 

### Government of District. Title 8. Environmental and Animal Control and Protection. Subtitle A. Environmental Control and Protection. Chapter lA. District Department ofthe Environment. Subchapter I. 

### General. D.C. Code 

### § 8-151.07 (2015) § 

### 8-151.07. Authorityofthe Director. The Directorshall administerand have authority over DDOE, itsfunctions and personnel, including the authorityto: (1) Re-delegate to employees authority as, in thejudgment ofthe Director, is warranted in the interest ofefficiency and sound administration; 

### (2) Establish general policy and standardsto promote and gUide the development of environmental services in the District; 

### (3) Take the steps necessary, pursuant to this chapter and federal requirements, to achieve primacy to enablethe Districtto administerand enforce federal environmental laws, rules, regulations, standards, and programs, where it is determined that itwill benefitthe District; 

### (4) Promulgate rules, regulations, standards, and programsto preserve, protect, and enhance the environmentthat**ar~** 

### at least as stringentas corresponding federal rules, regulations, and standards; 

### (5) Delegate duties, powers, and functions to other DDOE officials authorized to administeror enforce environmental laws or regulations; 

### (6) Establish liaisons with otheragencies to effectthe purposes ofthis chapter; 

### (7) Recruit, train, and accept without regard to District Service classification laws, rules, or regulations theservices of individuals without compensation as volunteers for or in aid of activities related to areas administered by the Director, exceptthatthe Directorshall not use volunteers to displace any District employee, in accordance with 

### § 1-319.01; (8) 

### Apply for and receive federal grants, thefunds ofwhich shall be used solely forthe purposes specified underthe terms ofthe grants and appropriations involved and may not be obligated orexpended forany other purpose; 

### (9) Establish a grant office to ensurethatall potentially available federal grants are properly and timely sought;

### (10) Make awards and grants, and develop incentive programs to encourage businesses, nonprofit organizations, and community groupsto voluntarily reduce energy, emissions, ortake otheraction to improvethe environment; 

### (11) Execute and enforce the provisions ofthis chapter and the rules and regulations adopted pursuant to this chapter; and 

### (12) Delegate to other employees of DDOE any ofthe Director's duties and powers. HISTORY: (Feb. 15, 2006, D.C. Law 16-51, § 107, 52 DCR 10812; Mar. 26, 2008, D.C. Law 17-138, § 702, 55 DCR 1689.) NOTES:



### Effectofamendments. -­ D.C. Law 17-138, in par. (10), inserted "and grants," following "awards", and inserted ", nonprofit organizations, and community groups" following "businesses". 

### Legislative historyof Law 16-51.-­ For Law 16-51, see notesfollowing § 8-151.01. 

### Legislative history of Law 17-138. -­ Law 17-138, the "National Capital Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Act of2008", was introduced in Council and assigned Bill 

### 1\10. 17-340which was referred tothe Committee on Economic Development. The Bill was adopted on first and second readings on December 11, 2007, and January 8, 2008, respectively. Signed by the Mayoron February 5, 2008, itwas assigned Act No. 17-289 and transmitted to both Houses ofCongress for its review. D.C. Law 17-138 became effective on March 26, 2008.