D.C. Code § 8-1.01..05 

District of Columbia Official Code
 

Copyright © 2015 The District of Columbia
 

All rights reserved.
 

Current through laws in effect as of April 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. Comprehensive air pollution control program. 

(a) The Mayor shall develop a comprehensive program for the control and prevention of air 

pollution in the District that provides for the administration and enforcement of the 

requirements of this part and the regulations promulgated pursuant to this part. 

(b) (1) The Mayor, in the administration of the comprehensive program for the control and 

prevention of outdoor air pollution, may exercise the following powers to safeguard and 

preserve air quality in the District: 

(A) Conduct research, monitoring, modeling, investigations, experiments, training 

demonstrations, surveys, and studies, relating to the causes, effects, extent, prevention, 

and control of air 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 under subparagraph (A) of this paragraph; 

(C) Advise, consult, cooperate, and enter into agreements with the governments and 

agencies of any state or political subdivision and any interstate or other regional 

organization representing these states or political subdivisions to: 

(i) Establish cooperative effort and mutual assistance agreements or programs for 

the prevention and control of air pollution and the enforcement of their 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 of air pollution emissions in the District; 

(E) Adopt ambient air quality standards; 

(F) Adopt standards governing emission of nuisance air pollutants likely to injure 

public health or welfare 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 indoor air hazards. 

(2) In determining interference with reasonable enjoyment of life and property under 

paragraph (l)(F) of this subsection, the Mayor shall consider: 

(A) The frequency, duration, and intensity of the source; 

(8) The number of complaints filed about the source; 

(e) The number of distinct complaints filed about the source; 

(D) The zoning classification of the affected area; and 

(E) The source's ability to prevent complaints. 

(e) For the purpose of executing the authority under this part, the Mayor may: 

(1) Hold hearings relating to the administration of this part; 

(2) Secure necessary scientific, technical, administrative, and operational services, 

including laboratory facilities, by contract, or otherwise; 

(3) Receive and administer grants or donations made to carry out the purposes of this 

part; and 

(4) Take any other action necessary. 

(d) To assist in enforcing the provisions of this part and regulations issued pursuant to this 

part, the Mayor shall: 

(1) Make available an electronic complaint form to receive complaints of air quality 

violations from the public, including, at a minimum, complaints of odors and engine idling; 

(2) Acknowledge receipt of an air quality complaint to the complainant no later than 7 

days after receipt, in a writing or through an electronic message; 

(3) Track all air quality complaints, the agency's response to each complaint, and the 

resolution of each complaint; 

(4) Establish an electronic mechanism by which the complainant, the source of the 

complaint, and any interested party may access any publically available information on the 

complaint; and 

(5) Make publicly available on the District Department of the Environment's website a 

quarterly report listing all air quality 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: 
Prior Codifications. -­

1981 Ed., § 6-905. 

Effect of amendments. -­

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

Emergency legislation. -­

For temporary (90 day) amendment of section, see § 2 of Lamond-Riggs Air Quality Study 

Emergency Act of 2006 (D.C. Act 16-284, February 27, 2006, 53 OCR 1635). 

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 history of Law 11-30. -­

Law 11-30, the "Technical Amendments Act of 1995," was introduced in Council and 

assigned Bill No. 11-58, which was referred to the Committee of the 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, it was assigned Act No. 11-32 and transmitted to 

both Houses of Congress for its review. D.C. Law 11-30 became effective on July 25, 1995. 

Legislative history of 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 of the Air 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 of Title 2. Section 501(b) of D.C. Law 6-42 provided that the provisions of the 

act shall apply only to infractions which occur or are 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 of civil fines, penalties, and 

fees as alternative sanctions. 
D.C. Code § 8-101.05a to § 8-101.05g 

District of Columbia Official Code
 

Copyright © 2015 The District of Columbia
 

All rights reserved.
 

Current through laws in effect as of April 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; right of entry. 

(a) Upon the presentation of appropriate credentials to the owner, agent in charge, or 

tenant, the Mayor shall have the right, subject to subsection (c) of this section, to enter a 

premises or inspect an activity reasonably believed to be subject to this part to determine 

compliance with this part or a regulation promulgated pursuant to this part. The right of 

entry shall be for the following purposes: 

(1) Inspection, including the right to inspect and copy records related to compliance 

with this part and regulations promulgated pursuant to this part; 

(2) Observation; 

(3) Measurement; 

(4) Sampling; 

(5) Testing; and 

(6) Collection of evidence. 

(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 or a regulation promulgated pursuant 

to this part, or who the Mayor reasonably believes may have information necessary to carry 

out the purposes of this part, on a one-time, periodic, or continuous 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, at such 

locations, at such intervals, during such periods and in such manner as the Mayor shall 

prescribe; 

(D) Keep records on control equipment parameters, production variables, or other 

indirect data, as appropriate; 

(E) Submit compliance certifications; and 

(F) Provide other information as the Mayor may reqUire. 

(e) If the Mayor is denied access to enter or inspect the premises in accordance with this 

section, the Mayor may apply to the Superior Court of the District of Columbia, pursuant to 

§ 11-941, or the Office of Administrative Hearings, pursuant to § 2-1831.09(b)(12), for a 

search warrant. An owner's denial of access to conduct an inspection in accordance with this 

section shall constitute a violation of this section, and the owner shall be subject to 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 of costs for services, including inspections, 

sample collection, document review, or other reasonable costs or fees 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 of a violation of or failure to comply with this part or a 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 8-101.05f shall 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 part or a regulation promulgated pursuant to this part shall 

be civilly liable and shall be subject to a civil penalty of no more than $ 37,500 per day per 

offense. The Mayor may adjust this 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 Air Act, 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 of this part or a regulation promulgated pursuant to this part, pursuant to 

the procedures of Chapter 18 of Title 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 or a regulation promulgated pursuant 

to this part shall be gUilty of a misdemeanor and, upon conviction, shall be subject to a fine 

not to exceed $ 25,000 per offense per day, imprisonment not to exceed one year, or both. 

The fines set forth in this section shall not be limited by section 101 of the Criminal Fine 

Proportionality Amendment Act of 2012, 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 history of 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 

other document submitted or maintained under this part shall be gUilty of a misdemeanor, 

and subject to a fine not to exceed $ 10,000, imprisonment not to 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 history of Law 20-135. -­

See note to § 8-101.04. 
D.C. Code § 8-101.05f (2015) 

§ 8-101.05f. Other sanctions. 

In addition to, or in lieu of, a civil or criminal penalty or fee: 

(1) The Mayor may modify, suspend, revoke, or deny a permit or certification issued by 

the District for failure to comply with this part or a regulation promulgated pursuant to this 

part, after notice and opportunity for a hearing pursuant to §8-101.05h; and 

(2) The Attorney General for the District of Columbia may commence appropriate civil 

action in the Superior Court of the District of Columbia or any other court of competent 

jurisdiction for damages, cost recovery, reasonable attorney and expert witness fees, and 

injunctive or other appropriate relief to enforce compliance with this part or the regulations 

adopted pursuant to 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 history of Law 20-135. -­

See note to § 8-101.04. 
..
 

D.C. Code § 8-101.05g (2015) 

§ 8-101.05g. Orders. 

(a) If the Mayor determines that a hazardous condition exists that may endanger the health 

or safety of the residents or property, or the environment in the District due to a person's 

noncompliance with this part or a regulation promulgated pursuant to 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 or a regulation promulgated pursuant to 

this part. 

(b) If the Mayor has reason to believe that there has been a violation of this part or a 

regulation promulgated pursuant to this part, the Mayor may issue a compliance order 

requiring a violator to take action to come into compliance with this part or a regulation 

promulgated pursuant to this part and to take such measures as may be necessary to 

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 history of Law 20-135. -­

See note to § 8-101.04. 
( 

D.C. Code § 8-1.01..06 

District of Columbia Official Code
 

Copyright © 2015 The District of Columbia
 

All rights reserved.
 

Current through laws in effect as of April 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 § 8-101.06 (2015) 

§ 8-101.06. Rules. 

(a) The Mayor may issue or amend 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 of Council recess. If the Council 

does not approve or disapprove the 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 by subchapter I of Chapter 5 of Title 

2. 

(c) The Mayor may also issue or amend any rule needed to implement the provisions of this 

part pursuant to subchapter I of Chapter 5 of Title 2. Rules issued pursuant to this 

subsection are not subject to the 45-day Council review period prescribed in subsection (b) 

of this 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: 

Prior Codifications. -­

1981 Ed., § 6-906. 

Temporary legislation. -­

For temporary (225 day) amendment of section, see § 3 of Air Pollution Control Act of 1984 

National Ambient Air Quality Standards Attainment Temporary Amendment Act of 1992 

(D.C. Law 9-262, March 27, 1993, law notification 40 DCR 2332). 

Emergency legislation. -­
"i 

For temporary amendment of section, see § 3 of the Air Pollution Control Act of 1984 

National Ambient Air Quality Standards Attainment 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 history of Law 10-106. -­

Law 10-106, the "Motor Vehicle 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 Mayor on February 18, 

1994, it was assigned Act No. 10-194 and transmitted to both Houses of Congress 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 Mayor on March 9, 1995, it was assigned Act 

No. 11-27 and transmitted to both Houses of Congress 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 of the Whole. The Bill 

was adopted on first and second readings on November 7, 1996, and December 3, 1996, 

respectively. Signed by the Mayor on December 24, 1996, it was assigned Act No. 11-519 

and transmitted to both Houses of Congress for its review. D.C. Law 11-255 became 

effective on April 9, 1997. 

Delegation of Authority. -­

Delegation of authority pursuant to D.C. Law 5-165, District of Columbia Air Pollution 

Control Act of 1984, see Mayor's Order 88-62, March 15, 1988. 

Resolutions. -­

Resolution 14-106, the "Air Quality Regulations Amendment Emergency Approval Resolution 

of 2001", was approved effective May 1, 

Editor's notes. -­

Application of 10-106: Section 6(b) of D.C. Law 10-106 provided that § 5 of the act shall 

apply as of September 30, 1993. 

District of Columbia Air Pollution Control Act of 1984 Proposed Rulemaking Approval 
Resolution of 1998: Pursuant to Resolution 12-(PR12-693), effective June 19, 1998, the 

Council approved the proposed rulemaking to amend Chapters 1 through 5 and Chapters 7 

and 8 of Title 20 (Environment) DCMR, issued pursuant to the "District of Columbia Air 

Pollution Control Act of 1984". 
D.C. Code § 8-1.51..07 

District of Columbia Official Code
 

Copyright © 2015 The District of Columbia
 

All rights reserved.
 

Current through laws in effect as of April 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 of the Environment. 

Subchapter I. General. 

D.C. Code § 8-151.07 (2015) 

§ 8-151.07. Authority of the Director. 

The Director shall administer and have authority over DDOE, its functions and personnel, 

including the authority to: 

(1) Re-delegate to employees authority as, in the judgment of the Director, is 

warranted in the interest of efficiency and sound administration; 

(2) Establish general policy and standards to 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 enable the District to administer and enforce federal environmental laws, 

rules, regulations, standards, and programs, where it is determined that it will benefit the 

District; 

(4) Promulgate rules, regulations, standards, and programs to preserve, protect, and 

enhance the environment that ar~ at least as stringent as corresponding federal rules, 

regulations, and standards; 

(5) Delegate duties, powers, and functions to other DDOE officials authorized to 

administer or enforce environmental laws or regulations; 

(6) Establish liaisons with other agencies to effect the purposes of this chapter; 

(7) Recruit, train, and accept without regard to District Service classification laws, rules, 

or regulations the services of individuals without compensation as volunteers for or in aid of 

activities related to areas administered by the Director, except that the Director shall not 

use volunteers to displace any District employee, in accordance with § 1-319.01; 

(8) Apply for and receive federal grants, the funds of which shall be used solely for the 

purposes specified under the terms of the grants and appropriations involved and may not 

be obligated or expended for any other purpose; 

(9) Establish a grant office to ensure that all 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 groups to voluntarily reduce energy, 

emissions, or take other action to improve the environment; 

(11) Execute and enforce the provisions of this chapter and the rules and regulations 

adopted pursuant to this chapter; and 

(12) Delegate to other employees of DDOE any of the 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: 

Effect of amendments. -­

D.C. Law 17-138, in par. (10), inserted "and grants," following "awards", and inserted ", 

nonprofit organizations, and community groups" following "businesses". 

Legislative history of Law 16-51. -­

For Law 16-51, see notes following § 8-151.01. 

Legislative history of Law 17-138. -­

Law 17-138, the "National Capital Revitalization Corporation and Anacostia Waterfront 

Corporation Reorganization Act of 2008", was introduced in Council and assigned Bill 1\10. 

17-340 which was referred to the 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 Mayor on February 5, 2008, it was assigned Act No. 17-289 and 

transmitted to both Houses of Congress for its review. D.C. Law 17-138 became effective on 

March 26, 2008.