reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 10B - Extended Manufacturer Responsibility for Electronic Waste › § 8–1041.09. Supervision; immunity from liability

§ 8–1041.09. Supervision; immunity from liability.
(a) The Mayor shall supervise the implementation of this chapter and manufacturer, partnership, and representative organization activities conducted in connection with this chapter, including commercial and competitive behavior; provided, that nothing in this section is intended to, or does, create a private right of action against the government of the District of Columbia and its officers, employees, agents, representatives, contractors, successors, and assigns based upon compliance or noncompliance with its provisions.
(b) Notwithstanding the provisions of Chapter 45 of Title 28, a manufacturer or manufacturers and a partnership or representative organization may negotiate, enter into agreements with, share the burdens of their operation with, and conduct business with each other in accordance with this chapter in ways that may affect competition. No manufacturer, partnership, or representative organization shall be prosecuted, held liable, or subject to penalties or damages under Chapter 45 of Title 28, for actions conducted in accordance with this this chapter.
(Feb. 26, 2015, D.C. Law 20-154, § 123, 61 DCR 9971.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 10B - Extended Manufacturer Responsibility for Electronic Waste › § 8–1041.10. Reporting requirements

§ 8–1041.10. Reporting requirements.
(a) On June 1, 2018, and annually thereafter, the Mayor shall submit a report to the Council regarding implementation of the provisions in this chapter and estimating, based on best available information, the progress the District has made toward achieving the goal outlined in § 8-1041.02. The annual reports shall be posted on the Mayor's website by June 1 of each year.
(b) By June 1, 2019, the Mayor shall submit a report to the Council analyzing the effectiveness of the provisions outlined in this chapter in meeting the goal established in § 8-1041.02, and recommending any changes necessary to ensure that the goal may be met as early as possible. The report shall further advise the Council whether the convenient collection service alternative to the minimum collection share requirement allowed under § 8-1041.05(a)(3) has generated per capita collection rates similar to the best performing electronics waste programs in other jurisdictions, considering relevant differences in covered electronic equipment and the electronics waste stream.
(Feb. 26, 2015, D.C. Law 20-154, § 124, 61 DCR 9971; Oct. 8, 2016, D.C. Law 21-160, § 6032(g), 63 DCR 10775.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 10B - Extended Manufacturer Responsibility for Electronic Waste › § 8–1041.11. Limitation in the event of a federal program

§ 8–1041.11. Limitation in the event of a federal program.
Upon the establishment and implementation of a federal program for the collection and recycling or reuse of covered electronic equipment discarded by households, §§ 8-1041.01, 8-1041.02, 8-1041.03, 8-1041.04, 8-1041.05, 8-1041.06, 8-1041.07, 8-1041.08, 8-1041.09, and 8-1041.10 shall not apply to that covered electronic equipment.
(Feb. 26, 2015, D.C. Law 20-154, § 125, 61 DCR 9971.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 10B - Extended Manufacturer Responsibility for Electronic Waste › § 8–1041.12. Rules; enforcement

§ 8–1041.12. Rules; enforcement.
(a)(1) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this chapter.
(2) The Mayor may expand the definition of covered electronic equipment to include items exempted in § 8-1041.01(4); provided, that the Mayor shall not do so before January 1, 2018; provided further, that the Mayor shall not include household appliances. Before issuing such a rule, the Mayor shall provide a report and economic analysis to the Council outlining the reasons that expanding the definition is beneficial to the District's electronics waste diversion activities and will likely result in higher recycling or reuse rates of the electronic equipment that the Mayor proposes to include.
(3) The Mayor may, by rule, restrict the definition of covered electronic equipment to exclude equipment sold to businesses with 100 or more employees.
(b) The Mayor may impose civil fines and penalties as sanctions for violations of the provisions of this chapter or any rules issued under the authority of this chapter, pursuant to Chapter 18 of Title 2. Revenue generated from the enforcement of this chapter shall be deposited in the Product Stewardship Fund established by § 1-325.381.
(c) In addition to the enforcement authority provided in subsection (b) of this section, the Mayor may seek injunctive relief or other appropriate remedy in any court of competent jurisdiction to enforce compliance with the provisions of this chapter.
(Feb. 26, 2015, D.C. Law 20-154, § 126, 61 DCR 9971; Oct. 8, 2016, D.C. Law 21-160, § 6032(h), 63 DCR 10775; Dec. 13, 2017, D.C. Law 22-33, § 6003(c), 64 DCR 7652; Mar. 16, 2021, D.C. Law 23-211, § 2(o), 68 DCR 00068.)
Emergency Legislation
For temporary (90 days) amendment of this section, see § 6003(c) of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).
For temporary (90 days) amendment of this section, see § 6003(c) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 10C - Solid Waste Facility Permits › § 8–1052. Open solid waste facilities prohibited

§ 8–1052. Open solid waste facilities prohibited.
No person shall operate an open solid waste facility in the District.
(Feb. 27, 1996, D.C. Law 11-94, § 3, 42 DCR 7172.)
Prior Codifications
1981 Ed., § 6-3452.
Temporary Legislation
See Historical and Statutory Notes following § 8-1051.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 10C - Solid Waste Facility Permits › § 8–1054. Application for permits

§ 8–1054. Application for permits.
(a) Applications for solid waste facility permits and permit modifications shall be submitted to the Mayor in the form prescribed by regulation and shall include all information as the Mayor may reasonably require.
(b) The application fees for permits to operate solid waste facilities shall be as follows:
(1) Initial permit — $10,000;
(2) Renewal permit — $9,000; and
(3) Modification permit for substantial alterations — $1,000.
(c) The payment under subsection (b)(1) of this section shall be waived if already paid pursuant to § 8-1053(b)(2).
(d) If the Mayor denies the issuance of a solid waste facility permit pursuant to § 8-1053(e), $9,000 shall be refunded to the applicant.
(e) The Mayor may, by rulemaking, revise the application fees as necessary to recover the administrative costs associated with the review of applications for solid waste facility permits and interim operating permits, the review of annual reports, the inspection of facilities, and all other activities associated with the administration and enforcement of this chapter. Subject to the enactment of appropriations, solid waste facility application fees shall be used to offset the cost of reviewing and processing solid waste facility applications and monitoring facility compliance with the requirements of this chapter and the terms and conditions of the solid waste facility permit.
(f) Any license issued pursuant to this section shall be issued as an Environmental Materials endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of Chapter 28 of Title 47.
(Feb. 27, 1996, D.C. Law 11-94, § 5, 42 DCR 7172; Apr. 9, 1997, D.C. Law 11-255, § 16, 44 DCR 1271; Apr. 20, 1999, D.C. Law 12-261, § 2003(m)(2), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(l)(2), 50 DCR 6913; Apr. 13, 2005, D.C. Law 15-354, § 83(b), 52 DCR 2638.)
Prior Codifications
1981 Ed., § 6-3454.
Effect of Amendments
D.C. Law 15-38, in subsec. (f), substituted “an Environmental Materials endorsement to a basic business license under the basic” for “a Class A Environmental Services endorsement to a master business license under the master”.
D.C. Law 15-354, in subsec. (f), validated a previously made technical correction.
Emergency Legislation
For temporary (90 day) amendment of section, see § 3(l)(2) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).
Editor's Notes
Temporary addition of subchapter: See Historical and Statutory Notes following § 8-1051.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 10C - Solid Waste Facility Permits › § 8–1056. Inspections

§ 8–1056. Inspections.
(a) The Mayor shall have the right to randomly and periodically inspect any solid waste facility located in the District, and all records, documents, or data compilations retained by the solid waste facility, for the purpose of ensuring compliance with this chapter. Inspections shall generally take place while the solid waste facility is in operation.
(b) Pursuant to subsection (a) of this section, the Mayor shall conduct, at a minimum, quarterly inspections of all solid waste facilities in the District to ensure compliance with section 903 of Title 20 of the District of Columbia Municipal Regulations (20 DCMR § 903), section 733.1(a), (c), (e), (f), (g), (h), (i), (m), and (s) of Title 21 of the District of Columbia Municipal Regulations (21 DCMR § 733.1(a), (c), (e), (f), (g), (h), (i), (m), and (s)), and any regulations issued pursuant to this chapter.
(Feb. 27, 1996, D.C. Law 11-94, § 7, 42 DCR 7172; Mar. 10, 2015, D.C. Law 20-188, § 2, 61 DCR 12114.)
Prior Codifications
1981 Ed., § 6-3456.
Effect of Amendments
The 2015 amendment by D.C. Law 20-188 designated the existing provision as (a); and added (b).
Temporary Legislation
See Historical and Statutory Notes following § 8-1051.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 10C - Solid Waste Facility Permits › § 8–1057. Solid waste facility charge

§ 8–1057. Solid waste facility charge.
(a) In addition to the solid waste facility application fee for a permit, a person shall pay a solid waste facility charge for operating a solid waste facility in the District. The solid waste facility charge shall be based upon the actual tonnage of solid waste deposited at the solid waste facility, as indicated in the periodic report.
(b)(1) Except as provided in subsection (c) of this section, the solid waste facility charge shall be determined by multiplying the actual tonnage of solid waste deposited or placed at the solid waste facility by $4 per ton. The person shall pay the annual facility charge in conjunction with the submittal of periodic reports required by § 8-1055.
(2) If an applicant has already paid an annual solid waste facility charge of $10 per ton pursuant to section 8(b) of the Solid Waste Facility Permit Temporary Act of 1994, effective March 23, 1995 (D.C. Law 10-251; 42 DCR 520) (“Temporary Act of 1994”), the person may deduct from the first solid waste facility charge due after October 23, 1995, an amount equal to $6 per ton for any annual solid waste facility charge paid under the Temporary Act of 1994.
(c) Any solid waste facility which receives and processes construction and demolition wastes exclusively shall pay a solid waste facility charge which shall be determined by multiplying the actual tonnage of construction and demolition material deposited or placed at the solid waste facility by $2 per ton. The person shall pay the solid waste facility charge in conjunction with the submittal of periodic reports required by § 8-1055.
(d) The Mayor may revise the solid waste facility charge as necessary to offset the cost of developing new and additional methods of solid waste management and to fund recycling activities of the District to enforce the provisions of this chapter.
(e) The Mayor shall suspend a solid waste facility operating permit and close the solid waste facility if the person fails to pay the solid waste facility charge within 10 calendar days of the due date. The Mayor shall keep the solid waste facility closed until all charges due the District are paid in full, including payment of a penalty equal to 1% per month for any unpaid balance.
(f) Subject to the enactment of appropriations, revenues collected from the payment of the solid waste facility charge shall be used to fund recycling activities in accordance with § 8-1015. Not more than 20% of the solid waste facility charge shall be made available to the agency responsible for the enforcement of the requirements of this chapter.
(Feb. 27, 1996, D.C. Law 11-94, § 8, 42 DCR 7172; June 11, 1999, D.C. Law 12-286, § 2(c), 46 DCR 3435.)
Prior Codifications
1981 Ed., § 6-3457.
Temporary Legislation
See Historical and Statutory Notes following § 8-1051.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 10C - Solid Waste Facility Permits › § 8–1059. Hearings

§ 8–1059. Hearings.
Any person adversely affected by an action taken pursuant to the provisions of this chapter, or the rules and regulations issued under its authority, shall be entitled to a hearing before the Mayor upon filing with the Mayor, within 15 days of the date of the action, a written request for a hearing. The hearing shall be held in accordance with § 2-509.
(Feb. 27, 1996, D.C. Law 11-94, § 10, 42 DCR 7172.)
Prior Codifications
1981 Ed., § 6-3459.
Temporary Legislation
See Historical and Statutory Notes following § 8-1051.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 10C - Solid Waste Facility Permits › § 8–1063. Moratorium

§ 8–1063. Moratorium.
There shall be a moratorium on the issuance or acceptance of the application for any new solid waste facility permits until after the Solid Waste Transfer Facility Site Selection Advisory Panel submits its report to the Council and the Council acts on the Panel’s recommendations by identifying tracts of land appropriate for solid waste transfer, or, amending the operating requirements established in this chapter.
(Feb. 27, 1996, D.C. Law 11-94, § 11c; as added June 11, 1999, D.C. Law 12-286, § 2(f), 46 DCR 3435.)
Prior Codifications
1981 Ed., § 6-3463.
Temporary Legislation
For temporary (225 day) addition, see § 3 of Solid Waste Disposal Fee Temporary Amendment Act of 2006 (D.C. Law 16-173, September 29, 2006, law notification 53 DCR 8609).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 10D - Construction and Demolition Waste Recycling Accountability. [Repealed] [Repealed] › § 8–1071. Definitions. [Repealed]

§ 8–1071. Definitions. [Repealed]
Repealed.
(Apr. 27, 2013, D.C. Law 19-294, § 2, 60 DCR 2619; Dec. 13, 2017, D.C. Law 22-33, § 7056, 64 DCR 7652.)
Emergency Legislation
For temporary (90 days) repeal of this section, see § 7056 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).
For temporary (90 days) repeal of this section, see § 7056 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).
Editor's Notes
Applicability of D.C. Law 19-294: Section 9 of D.C. Law 19-294 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 10D - Construction and Demolition Waste Recycling Accountability. [Repealed] [Repealed] › § 8–1072. Certification. [Repealed]

§ 8–1072. Certification. [Repealed]
Repealed.
(Apr. 27, 2013, D.C. Law 19-294, § 3, 60 DCR 2619; Dec. 13, 2017, D.C. Law 22-33, § 7056, 64 DCR 7652.)
Emergency Legislation
For temporary (90 days) repeal of this section, see § 7056 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).
For temporary (90 days) repeal of this section, see § 7056 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).
Editor's Notes
Applicability of D.C. Law 19-294: Section 9 of D.C. Law 19-294 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 10D - Construction and Demolition Waste Recycling Accountability. [Repealed] [Repealed] › § 8–1073. Construction and demolition recycling accountability. [Repealed]

§ 8–1073. Construction and demolition recycling accountability. [Repealed]
Repealed.
(Apr. 27, 2013, D.C. Law 19-294, § 4, 60 DCR 2619; Dec. 13, 2017, D.C. Law 22-33, § 7056, 64 DCR 7652.)
Emergency Legislation
For temporary (90 days) repeal of this section, see § 7056 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).
For temporary (90 days) repeal of this section, see § 7056 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).
Editor's Notes
Applicability of D.C. Law 19-294: Section 9 of D.C. Law 19-294 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 10D - Construction and Demolition Waste Recycling Accountability. [Repealed] [Repealed] › § 8–1074. Rules. [Repealed]

§ 8–1074. Rules. [Repealed]
Repealed.
(Apr. 27, 2013, D.C. Law 19-294, § 5, 60 DCR 2619; Dec. 13, 2017, D.C. Law 22-33, § 7056, 64 DCR 7652.)
Emergency Legislation
For temporary (90 days) repeal of this section, see § 7056 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).
For temporary (90 days) repeal of this section, see § 7056 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).
Editor's Notes
Applicability of D.C. Law 19-294: Section 9 of D.C. Law 19-294 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 10D - Construction and Demolition Waste Recycling Accountability. [Repealed] [Repealed] › § 8–1075. Revocation. [Repealed]

§ 8–1075. Revocation. [Repealed]
Repealed.
(Apr. 27, 2013, D.C. Law 19-294, § 6, 60 DCR 2619; Dec. 13, 2017, D.C. Law 22-33, § 7056, 64 DCR 7652.)
Emergency Legislation
For temporary (90 days) repeal of this section, see § 7056 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).
For temporary (90 days) repeal of this section, see § 7056 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).
Editor's Notes
Applicability of D.C. Law 19-294: Section 9 of D.C. Law 19-294 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 10D - Construction and Demolition Waste Recycling Accountability. [Repealed] [Repealed] › § 8–1076. Penalties. [Repealed]

§ 8–1076. Penalties. [Repealed]
Repealed.
(Apr. 27, 2013, D.C. Law 19-294, § 7, 60 DCR 2619; Dec. 13, 2017, D.C. Law 22-33, § 7056, 64 DCR 7652.)
Emergency Legislation
For temporary (90 days) repeal of this section, see § 7056 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).
For temporary (90 days) repeal of this section, see § 7056 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).
Editor's Notes
Applicability of D.C. Law 19-294: Section 9 of D.C. Law 19-294 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 10D - Construction and Demolition Waste Recycling Accountability. [Repealed] [Repealed] › § 8–1077. Construction and Demolition Waste Recycling Fund. [Repealed]

§ 8–1077. Construction and Demolition Waste Recycling Fund. [Repealed]
Repealed.
(Apr. 27, 2013, D.C. Law 19-294, § 8, 60 DCR 2619; Dec. 13, 2017, D.C. Law 22-33, § 7056, 64 DCR 7652.)
Emergency Legislation
For temporary (90 days) repeal of this section, see § 7056 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).
For temporary (90 days) repeal of this section, see § 7056 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).
Editor's Notes
Applicability of D.C. Law 19-294: Section 9 of D.C. Law 19-294 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 11 - Multi-Material Recycling Systems. [Repealed] › § 8–1101. Definitions. [Repealed]

§ 8–1101. Definitions. [Repealed]
Repealed.
(July 25, 1987, D.C. Law 7-19, § 2, 34 DCR 3810; Oct. 8, 2016, D.C. Law 21-160, § 6035, 63 DCR 10775.)
Prior Codifications
1981 Ed., § 6-3201.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 11 - Multi-Material Recycling Systems. [Repealed] › § 8–1102. Comprehensive plan for multi-material recycling system. [Repealed]

§ 8–1102. Comprehensive plan for multi-material recycling system. [Repealed]
Repealed.
(July 25, 1987, D.C. Law 7-19, § 3, 34 DCR 3810; Feb. 26, 2015, D.C. Law 20-154, § 301(f), 61 DCR 9971.)
Prior Codifications
1981 Ed., § 6-3202.
Editor's Notes
For present law, see Chapters 10B and 10C of this title.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 12 - Hazardous Materials Study Commission. [Repealed] › § 8–1201. Hazardous Materials Study Commission established [Repealed]

§ 8–1201. Hazardous Materials Study Commission established [Repealed]
Repealed.
(Mar. 16, 1989, D.C. Law 7-190, § 7, 35 DCR 8663.)
Prior Codifications
1981 Ed., §§ 6-3001 to 6-3005.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 12 - Hazardous Materials Study Commission. [Repealed] › § 8–1202. Reports [Repealed]

§ 8–1202. Reports [Repealed]
Repealed.
(Mar. 16, 1989, D.C. Law 7-190, § 7, 35 DCR 8663.)
Prior Codifications
1981 Ed., §§ 6-3001 to 6-3005.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 12 - Hazardous Materials Study Commission. [Repealed] › § 8–1203. Appointment of commission members; compensation; priorities [Repealed]

§ 8–1203. Appointment of commission members; compensation; priorities [Repealed]
Repealed.
(Mar. 16, 1989, D.C. Law 7-190, § 7, 35 DCR 8663.)
Prior Codifications
1981 Ed., §§ 6-3001 to 6-3005.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 12 - Hazardous Materials Study Commission. [Repealed] › § 8–1204. Office space; supplies and services; staff [Repealed]

§ 8–1204. Office space; supplies and services; staff [Repealed]
Repealed.
(Mar. 16, 1989, D.C. Law 7-190, § 7, 35 DCR 8663.)
Prior Codifications
1981 Ed., §§ 6-3001 to 6-3005.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 12 - Hazardous Materials Study Commission. [Repealed] › § 8–1205. Term of Commission [Repealed]

§ 8–1205. Term of Commission [Repealed]
Repealed.
(Mar. 16, 1989, D.C. Law 7-190, § 7, 35 DCR 8663.)
Prior Codifications
1981 Ed., §§ 6-3001 to 6-3005.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 13 - Hazardous Waste Management › Subchapter I - General Provisions › § 8–1303. Permits

§ 8–1303. Permits.
(a) It is unlawful to own, construct, substantially alter, or operate any hazardous waste treatment, storage, or disposal facility or site or to generate, store, transport, treat, or dispose of any hazardous waste except in accordance with the terms of the permit issued by the Mayor for the facility, site, or activity.
(b) The Mayor may issue, vary, or modify the terms of a permit or suspend, revoke, or deny a permit to achieve the purposes of this chapter, except that the Mayor may not issue a permit for a period that exceeds 10 years. The terms of any permit for a treatment, storage, or disposal facility shall require that the permit holder take corrective action within or beyond the facility boundary if necessary to protect human health and the environment. The Mayor may establish the appropriate permit fee according to costs associated with its issuance.
(c) Any license issued pursuant to this section shall be issued as an Environmental Materials endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of Chapter 28 of Title 47.
(Mar. 16, 1978, D.C. Law 2-64, § 4, 24 DCR 6289; Aug. 10, 1984, D.C. Law 5-103, § 2(c), 31 DCR 3032; Oct. 18, 1989, D.C. Law 8-37, § 2(c), 36 DCR 5748; Apr. 20, 1999, D.C. Law 12-261, § 2003(h), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(m), 50 DCR 6913.)
Prior Codifications
1981 Ed., § 6-703.
1973 Ed., § 6-523.
Section References
This section is referenced in § 8-1309.
Effect of Amendments
D.C. Law 15-38, in subsec. (c), substituted “an Environmental Materials endorsement to a basic business license under the basic” for “a Class A Environmental Materials endorsement to a master business license under the master”.
Emergency Legislation
For temporary (90 day) amendment of section, see § 3(m) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 13 - Hazardous Waste Management › Subchapter I - General Provisions › § 8–1304. Hazardous waste management plan

§ 8–1304. Hazardous waste management plan.
Within 6 months of the effective date of this chapter, the Mayor shall publish in the District of Columbia Register a hazardous waste management plan for the District of Columbia, which shall include, as a minimum:
(1) A description of the criteria for determining what constitutes a hazardous waste;
(2) Identification of the types and quantities of hazardous wastes generated in the District of Columbia, of hazardous wastes which may be amenable for recycling or reuse, of current hazardous waste management practices, of proper procedures for the handling, storage and transportation of hazardous wastes and of the best methods and facilities or sites (including possible extrajurisdictional sites) for the storage, treatment or disposal of hazardous wastes; and
(3) A comparison of the alternatives, costs and benefits of public and private transportation, storage, treatment, and disposal of hazardous wastes.
(Mar. 16, 1978, D.C. Law 2-64, § 5, 24 DCR 6289.)
Prior Codifications
1981 Ed., § 6-704.
1973 Ed., § 6-524.
Section References
This section is referenced in § 8-1305.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 13 - Hazardous Waste Management › Subchapter I - General Provisions › § 8–1305. Rules and regulations

§ 8–1305. Rules and regulations.
(a) Within 3 months after publication of the plan required in § 8-1304, the Mayor shall adopt, in accordance with § 2-505, and may thereafter revise as appropriate, rules and regulations necessary to carry out the purposes and provisions of this chapter, including, but not limited to, rules and regulations regarding the following aspects of proper hazardous waste management:
(1) Criteria for determining what constitutes a hazardous waste;
(2) Generation, storage, treatment, and disposal of hazardous wastes;
(3) Transportation, containerization, and labeling of hazardous wastes (consistent with those issued by the United States Department of Transportation);
(4) On-site handling, including the separation and combination of hazardous wastes;
(5) Operation and maintenance of hazardous waste treatment or disposal facilities or sites;
(6) Certification of supervisory personnel at hazardous waste treatment or disposal facilities or sites;
(7) Procedures and requirements for the use of a manifest or form which identifies the quantity, composition, origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment, or storage;
(8) Marketing, distribution, and burning of fuel produced from a hazardous waste or containing a hazardous waste; and
(9) Requirements for on-site and off-site corrective action by owners or operators of a disposal, storage, and treatment facility.
(b) At the time of publication of the proposed rules and regulations referred to in this section, a copy of the same shall be provided to the Council of the District of Columbia.
(c) 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 review period, the proposed rules shall be deemed approved.
(Mar. 16, 1978, D.C. Law 2-64, § 6, 24 DCR 6289; Aug. 10, 1984, D.C. Law 5-103, § 2(d), 31 DCR 3032; Oct. 18, 1989, D.C. Law 8-37, § 2(d), 36 DCR 5748.)
Prior Codifications
1981 Ed., § 6-705.
1973 Ed., § 6-525.
Editor's Notes
District of Columbia Hazardous Waste Management Act Proposed Rulemaking Approval Resolution of 1995: Pursuant to Proposed Resolution 11-174, deemed approved October 11, 1995, Council approved the proposed rulemaking adopting Chapters 40 through 54 (Hazardous Waste Regulations) of Title 20 DCMR issued pursuant to the “District of Columbia Hazardous Waste Management Act of 1977”, as amended.
Delegation of Authority
Delegation of Authority pursuant to D.C. Law 2-64, the District of Columbia Hazardous Waste Management Act of 1977, see Mayor’s Order 2005-70, April 19, 2005 ( 52 DCR 5495).
Resolutions
Resolution 16-95, the “Hazardous Waste Management Rulemaking Approval Resolution of 2005”, was approved effective January 11,
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 13 - Hazardous Waste Management › Subchapter I - General Provisions › § 8–1306. Variance

§ 8–1306. Variance.
The Mayor may grant a variance not to exceed 180 days upon a showing that compliance with the requirements of this chapter or the rules and regulations promulgated pursuant thereto would result in an unreasonable financial hardship, and that the public health and welfare would not be endangered.
(Mar. 16, 1978, D.C. Law 2-64, § 7, 24 DCR 6289.)
Prior Codifications
1981 Ed., § 6-706.
1973 Ed., § 6-526.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 13 - Hazardous Waste Management › Subchapter I - General Provisions › § 8–1307. Inspections; analyses; right of entry; notice; posting

§ 8–1307. Inspections; analyses; right of entry; notice; posting.
(a) For the purpose of enforcing this chapter or any rule or regulation promulgated pursuant to this chapter, the Mayor may at any reasonable time, within reasonable limits, and in a reasonable manner, upon presenting appropriate credentials to the owner, operator or agent in charge:
(1) Enter without delay any place where hazardous wastes are or have been generated, stored, treated, transported, or disposed;
(2) Inspect and obtain samples of any waste, or substance used in the treatment of waste;
(3) Inspect and copy any records, reports, information, or test results relating to the purposes of this chapter. Each such inspection shall be commenced and completed with reasonable promptness.
(b) If the officer or employee obtains any samples prior to leaving the premises, he or she shall give to the owner, operator, or agent in charge, a receipt describing the sample obtained, and if requested, a portion of each such sample equal in volume or weight to the portion retained. If any analysis is made of such samples, a copy of the results of such analysis shall be furnished promptly to the owner, operator, or agent in charge.
(c) When there is a threat to human health or the environment, or a release of hazardous waste into the environment, and the responsible party or address is unknown, or cannot be located, written notice shall be served by conspicuously posting the notice on the property where the threat exists or the release occurred and sending a copy to the last known address via certified mail.
(d) When dangerous chemicals and hazardous waste on property pose an imminent threat to human health or the environment, the Mayor may post the property and restrict access. The posting shall provide the public with notice that a dangerous condition exists and shall prohibit the owner from removing or handling the waste without prior approval by the Mayor.
(Mar. 16, 1978, D.C. Law 2-64, § 8, 24 DCR 6289; Aug. 10, 1984, D.C. Law 5-103, § 2(e), 31 DCR 3032; Oct. 18, 1989, D.C. Law 8-37, § 2(e), 36 DCR 5748.)
Prior Codifications
1981 Ed., § 6-707.
1973 Ed., § 6-527.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 13 - Hazardous Waste Management › Subchapter I - General Provisions › § 8–1308. Appeal procedures

§ 8–1308. Appeal procedures.
Any person adversely affected by an action taken pursuant to the provisions of this chapter or the rules and regulations promulgated thereto is entitled to a hearing before the Mayor upon filing with the Mayor, within 15 days of the date of such action, a written request for a hearing. Such hearing shall be held in accordance with other contested case procedures under the provisions of the District of Columbia Administrative Procedure Act (§ 2-509). The decision on the appeal shall be final.
(Mar. 16, 1978, D.C. Law 2-64, § 9, 24 DCR 6289.)
Prior Codifications
1981 Ed., § 6-708.
1973 Ed., § 6-528.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 13 - Hazardous Waste Management › Subchapter I - General Provisions › § 8–1309. Suspension and revocation of permit

§ 8–1309. Suspension and revocation of permit.
(a)(1) The Mayor may suspend a permit issued in accordance with § 8-1303 if the holder of the permit is in violation of this chapter or the rules promulgated pursuant to the chapter.
(2) Written notice of the suspension shall be served upon the affected party or the party’s designated agent.
(b)(1) Where a permit has been suspended, the person affected has the right to reapply for a permit.
(2) If the person is able to demonstrate an ability and willingness to comply with the permit and with the provisions of this chapter and the rules, the Mayor may grant a new permit.
(c)(1) Where there is a history of repeated violations or where a permit has been previously suspended, the Mayor may revoke a permit, upon a showing of subsequent violation, and upon providing the affected party, or the party’s designated agent, with written notice of the intent to revoke the permit and with an opportunity for a hearing prior to revocation.
(2) The revocation shall take effect 15 days after the notice has been given, unless a written request for a hearing is received by the Mayor within that period.
(d) The Mayor may immediately revoke a permit upon an initial violation of the chapter or the rules where the violation presents an imminent and substantial endangerment to the public health, the public welfare, or the environment.
(Mar. 16, 1978, D.C. Law 2-64, § 10, 24 DCR 6289; Aug. 10, 1984, D.C. Law 5-103, § 2(f), 31 DCR 3032.)
Prior Codifications
1981 Ed., § 6-709.
1973 Ed., § 6-529.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 13 - Hazardous Waste Management › Subchapter I - General Provisions › § 8–1310. Injunction

§ 8–1310. Injunction.
If the Mayor finds that any person is operating a storage, treatment, or disposal facility, or is generating or transporting hazardous wastes in an illegal, unsafe, or otherwise improper manner that endangers the public health, the public welfare, or the environment, the Mayor may request the Corporation Counsel to commence appropriate civil action in the Superior Court of the District of Columbia to secure a temporary restraining order, a preliminary injunction, a permanent injunction, or other appropriate relief.
(Mar. 16, 1978, D.C. Law 2-64, § 11, 24 DCR 6289; Aug. 10, 1984, D.C. Law 5-103, § 2(g), 31 DCR 3032.)
Prior Codifications
1981 Ed., § 6-710.
1973 Ed., § 6-530.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 13 - Hazardous Waste Management › Subchapter I - General Provisions › § 8–1311. Penalties

§ 8–1311. Penalties.
(a)(1) Whenever the Mayor has reason to believe that there has been a violation of this chapter, the rules promulgated pursuant to this chapter, a threat to human health or the environment, or a release of hazardous waste into the environment, the Mayor may give written notice of the alleged violation, threat, or release to the person responsible and order the person to monitor, test, or take corrective measures that the Mayor considers reasonable and necessary.
(2) The notice shall state the nature of the violation, threat, or release and allow a reasonable time for the performance of the necessary corrective measures.
(A) If a person fails to comply with the notice within the time period stated in the notice, the Mayor shall take corrective action necessary to alleviate or terminate the violation, threat, or release to protect human health or the environment.
(B) The Mayor may recover the costs of corrective action incurred by the District of Columbia government from any person responsible by requesting the Corporation Counsel to commence appropriate civil action in the Superior Court of the District of Columbia.
(b)(1) Any person who violates this chapter or the rules shall be liable for a civil penalty in an amount not to exceed $25,000 for each violation.
(2) For any violation, each day of the violation shall constitute a separate offense and the penalties prescribed shall apply separately to each offense.
(c)(1) Any person who knowingly violates this chapter or the rules shall be punished by a fine not to exceed $25,000 or imprisonment not to exceed 1 year, or both.
(2) For any violation, each day of the violation shall constitute a separate offense and the penalties prescribed shall apply separately to each offense.
(3) Prosecutions for violations of this subsection shall be brought by the Corporation Counsel.
(d) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this chapter, or any rules or regulations issued under the authority of this chapter, pursuant to Chapter 18 of Title 2. Adjudication of any infraction of this chapter shall be pursuant to Chapter 18 of Title 2.
(Mar. 16, 1978, D.C. Law 2-64, § 12, 24 DCR 6289; Aug. 10, 1984, D.C. Law 5-103, § 2(h), 31 DCR 3032; Oct. 5, 1985, D.C. Law 6-42, § 418, 32 DCR 4450; Oct. 18, 1989, D.C. Law 8-37, § 2(f), 36 DCR 5748.)
Prior Codifications
1981 Ed., § 6-711.
1973 Ed., § 6-531.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 13 - Hazardous Waste Management › Subchapter I - General Provisions › § 8–1312. Severability

§ 8–1312. Severability.
Each separate provision of this chapter shall be deemed independent of any other provision of this chapter, and if any provision, sentence, clause, section, or part thereof is held illegal, invalid, or unconstitutional or inapplicable to any person or circumstance, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of this chapter or their application to other parts or circumstances. It is hereby declared to be the legislative intent that this chapter would have been enacted if such illegal, invalid, or unconstitutional provision, sentence, clause, section, or part had not been included therein, and if the person or circumstances to which this chapter or any part thereof is inapplicable had been specifically exempted therefrom.
(Mar. 16, 1978, D.C. Law 2-64, § 13, 24 DCR 6289.)
Prior Codifications
1981 Ed., § 6-712.
1973 Ed., § 6-532.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 13 - Hazardous Waste Management › Subchapter I - General Provisions › § 8–1313. Dust suppression and road treatment

§ 8–1313. Dust suppression and road treatment.
The use of waste, used oil, or other material, which is contaminated or mixed with dioxin or any other hazardous waste for dust suppression or road treatment in the District of Columbia, is prohibited.
(Mar. 16, 1978, D.C. Law 2-64, § 15; as added Oct. 18, 1989, D.C. Law 8-37, § 2(g), 36 DCR 5748.)
Prior Codifications
1981 Ed., § 6-713.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 13 - Hazardous Waste Management › Subchapter I - General Provisions › § 8–1314. Actions against guarantor

§ 8–1314. Actions against guarantor.
(a) Any claim arising from conduct of an owner or operator of a hazardous waste treatment, storage, or disposal facility for which evidence of financial responsibility is required, may be asserted directly against the guarantor that provides evidence of financial responsibility if:
(1) The owner or operator is in bankruptcy, reorganization, or arrangement pursuant to 11 U.S.C. § 101 et seq.; or
(2) The owner or operator is likely to be solvent at the time of judgment, but jurisdiction cannot be obtained with reasonable diligence in any state or federal court.
(b) In any claim asserted against a guarantor pursuant to subsection (a) of this section, the guarantor shall be entitled to invoke all rights and defenses that would have been available to the owner or operator of the hazardous waste storage, treatment, or disposal facility if an action had been brought against the owner or operator by the claimant and that would have been available to the guarantor if an action had been brought against the guarantor by the owner or operator.
(c) The total liability of any guarantor shall be limited to the aggregate amount that the guarantor has provided as evidence of financial responsibility to the owner or operator.
(Mar. 16, 1978, D.C. Law 2-64, § 16; as added Oct. 18, 1989, D.C. Law 8-37, § 2(g), 36 DCR 5748.)
Prior Codifications
1981 Ed., § 6-714.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 13 - Hazardous Waste Management › Subchapter II - Toxic Source Reduction › § 8–1315. Hazardous waste and toxic chemical source reduction

§ 8–1315. Hazardous waste and toxic chemical source reduction.
Within 1 year from March 8, 1991, the Mayor shall:
(1) Provide general information that publicizes the advantages of and opportunities for hazardous waste and toxic chemical source reduction, including the requirements of this subchapter, to government agencies, business and trade associations, business conferences, and trade fairs;
(2) Prioritize and target business sectors that require the greatest assistance in accordance with § 8-1316;
(3) Provide assistance to any business identified in § 8-1316, as well as other businesses, through the transfer of technical information from other source reduction programs, data bases, and research institutes. The Mayor may facilitate research relationships with universities or other institutions to promote the purposes of this subchapter;
(4) Establish, at a minimum, a library of source reduction literature pertinent to District businesses identified in accordance with § 8-1316 that contains an on-line computer link-up with established pollution prevention data bases that include data bases operated by the United States Environmental Protection Agency (“EPA”);
(5) Prepare and present conferences, seminars, publications, and other programs as may be appropriate to provide targeted businesses with access to the information available on hazardous waste and toxic chemical source reduction;
(6) Train designated inspectors to assess hazardous waste and toxic chemical source reduction plans and audits;
(7) Secure funding and provide for coordination to the maximum extent practicable between designated District government agencies and the EPA to promote the use of source reduction techniques by businesses, training, and other programs in accordance with section 6605 of the Omnibus Budget Reconciliation Act of 1990, approved November 5, 1990 (Pub. L. No. 101-508) (“Pollution Prevention Act”); and
(8) Assess and collect a fee on the generation of hazardous waste and emission of toxic chemicals.
(Mar. 16, 1978, D.C. Law 2-64, § 17; as added Mar. 8, 1991, D.C. Law 8-229, title I, § 102(c), 38 DCR 246.)
Prior Codifications
1981 Ed., § 6-731.
References in Text
Section 6605 of the Omnibus Budget Reconciliation Act of 1990, Pub. L. 101-508, the Pollution Prevention Act, referred to in (7), is codified as 42 U.S.C. § 13104.