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2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 13 - Hazardous Waste Management › Subchapter II - Toxic Source Reduction › § 8–1316. Identification of major generators of hazardous waste and releasers of toxic chemicals

§ 8–1316. Identification of major generators of hazardous waste and releasers of toxic chemicals.
(a) Within 180 days of March 8, 1991, the Mayor shall determine and present to the Council a report that identifies the following:
(1) Businesses that belong to the 3 largest 3-digit United States Department of Commerce Standard Industrial Classifications (“SICs”) of generators of hazardous waste in the District;
(2) Businesses that belong to the 3 largest 3-digit SIC users of toxic chemicals in the District;
(3) Businesses that belong to the 3 largest 3-digit SIC releasers of toxic chemicals in the District; and
(4) The top 25% of businesses, including any District or United States government operations, that generate or release the largest amount of hazardous waste or toxic chemicals in the District.
(b) Within 30 days after the Mayor has presented the report specified in subsection (a) of this section to the Council, the Mayor shall notify in writing each business identified that the business is subject to the provisions of this subchapter.
(c) Every 4 years following March 8, 1991, the Mayor shall reassess the findings required by subsection (a) of this section and make any change in the reporting or targeting of technical assistance indicated.
(Mar. 16, 1978, D.C. Law 2-64, § 18; as added Mar. 8, 1991, D.C. Law 8-229, title I, § 102(c), 38 DCR 246.)
Prior Codifications
1981 Ed., § 6-732.
Section References
This section is referenced in § 8-1315 and § 8-1317.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 13 - Hazardous Waste Management › Subchapter II - Toxic Source Reduction › § 8–1317. Annual hazardous waste and toxic chemical reports

§ 8–1317. Annual hazardous waste and toxic chemical reports.
(a) Within 270 days of March 8, 1991, and annually thereafter, a business shall submit EPA Form R to the Mayor, including Part III #8, pursuant to 40 C.F.R. 372.85, if the business:
(1) Releases a toxic chemical subject to regulation in accordance with 40 C.F.R. 372;
(2) Generates hazardous waste subject to regulation in accordance with 40 C.F.R. 261, 262, 263, or 264; or
(3) Is identified in § 8-1316.
(b) The Mayor shall require the submission of additional source reduction and recycling data collected in accordance with section 6607 of the Pollution Prevention Act, or other federal legislation or regulations.
(c) EPA Form R, and any additional data required, shall be signed by a senior-level manager who shall be liable for any inaccuracies contained in the submission.
(Mar. 16, 1978, D.C. Law 2-64, § 19; as added Mar. 8, 1991, D.C. Law 8-229, title I, § 102(c), 38 DCR 246.)
Prior Codifications
1981 Ed., § 6-733.
Section References
This section is referenced in § 8-1318.
References in Text
The “Pollution Prevention Act”, referred to in (b), is Pub. L. 101-508, § 6601 et seq., codified at 42 U.S.C. § 13101 et seq. Section 6607 of the Pollution Prevention Act, referred to in (b), is codified at 42 U.S.C. § 13106.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 13 - Hazardous Waste Management › Subchapter II - Toxic Source Reduction › § 8–1318. Hazardous waste and toxic chemical source reduction plans

§ 8–1318. Hazardous waste and toxic chemical source reduction plans.
(a) Pursuant to rules issued by the Mayor in accordance with § 8-1322, beginning on January 1, 1992, and every 4 years thereafter, each business required to submit EPA Form R, and any additional data required, in accordance with § 8-1317, including any District or federal government operations where applicable, shall submit a source reduction plan to the Mayor.
(b) Any source reduction plan submitted to the Mayor shall include the following:
(1) A statement of facility-wide management policy regarding hazardous waste and toxic chemical reduction;
(2) A statement of the scope and objectives of the plan, including the anticipated facility-wide reduction for each hazardous waste generated or toxic chemical used during the next 4 years;
(3) An identification of the type and amount of any hazardous waste generated or toxic chemical released into the environment; and
(4) A comprehensive economic and technical evaluation of appropriate technologies, procedures, and training programs to achieve hazardous waste and toxic chemical source reduction, including a schedule for and the estimated costs of implementation of the reduction.
(Mar. 16, 1978, D.C. Law 2-64, § 20; as added Mar. 8, 1991, D.C. Law 8-229, title I, § 102(c), 38 DCR 246.)
Prior Codifications
1981 Ed., § 6-734.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 13 - Hazardous Waste Management › Subchapter II - Toxic Source Reduction › § 8–1319. Establishment of a Hazardous Waste and Toxic Chemical Release Source Reduction Fund and fee. [Repealed]

§ 8–1319. Establishment of a Hazardous Waste and Toxic Chemical Release Source Reduction Fund and fee. [Repealed]
Repealed.
(Mar. 16, 1978, D.C. Law 2-64, § 21; as added Mar. 8, 1991, D.C. Law 8-229, title I, § 102(c), 38 DCR 246; Feb. 5, 1994, D.C. Law 10-68, § 15(b), 40 DCR 6311; Sept. 14, 2011, D.C. Law 19-21, § 9091, 58 DCR 6226.)
Prior Codifications
1981 Ed., § 6-735.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 13 - Hazardous Waste Management › Subchapter II - Toxic Source Reduction › § 8–1319.01. Hazardous Waste and Toxic Chemical Source Reduction Fund

§ 8–1319.01. Hazardous Waste and Toxic Chemical Source Reduction Fund.
(a) There is established as a special fund the Hazardous Waste and Toxic Chemical Source Reduction Fund ("Fund"), which shall be administered by the Department of Energy and Environment in accordance with subsection (c) of this section.
(b) All fees, fines, and penalties received from compliance with and enforcement of this chapter, and all interest earned on those monies, shall be deposited into the Fund.
(c) Money in the Fund shall be used to pay for the costs of implementing this chapter.
(d)(1) The money deposited into the Fund but not expended in a fiscal year shall not revert to the unassigned fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
(Mar. 16, 1978, D.C. Law 2-64, § 21a; as added Dec. 3, 2020, D.C. Law 23-149, § 6044, 67 DCR 10493.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 13 - Hazardous Waste Management › Subchapter II - Toxic Source Reduction › § 8–1320. Hazardous waste and toxic chemical fee waivers

§ 8–1320. Hazardous waste and toxic chemical fee waivers.
(a) Pursuant to rules issued by the Mayor in accordance with § 8-1322, any business may receive a waiver of the fee if the Mayor finds that the business has met the following conditions:
(1) Satisfied the requirements of this subchapter that pertain to the business;
(2) Performed and submitted a hazardous waste and toxic chemical source reduction audit to the Mayor; and
(3) Successfully implemented source reduction techniques so that the generation of hazardous waste or toxic chemical usage has been significantly reduced to levels identified in the technical literature for that standard industrial classification as representative of the best source reduction practice.
(b) Industrial classifications that engage in off-site recycling to reclaim the resource value of waste as the best management strategy for minimizing waste may substitute recycling for the source reduction techniques specified in subsection (a)(3) of this section. At no time shall incineration, with or without energy recovery, be regarded as source reduction or recycling for the purposes of this subchapter.
(Mar. 16, 1978, D.C. Law 2-64, § 22; as added Mar. 8, 1991, D.C. Law 8-229, title I, § 102(c), 38 DCR 246.)
Prior Codifications
1981 Ed., § 6-736.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 13 - Hazardous Waste Management › Subchapter II - Toxic Source Reduction › § 8–1321. Confidential business information

§ 8–1321. Confidential business information.
No trade secret or commercial or financial information submitted by a business to the District government pursuant to the requirements of this subchapter shall be disclosed to the public, if the Mayor determines that the disclosure would result in a substantial harm to the competitive position of the business in accordance with § 2-534(a)(1).
(Mar. 16, 1978, D.C. Law 2-64, § 23; as added Mar. 8, 1991, D.C. Law 8-229, title I, § 102(c), 38 DCR 246.)
Prior Codifications
1981 Ed., § 6-737.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 13 - Hazardous Waste Management › Subchapter II - Toxic Source Reduction › § 8–1322. Rules

§ 8–1322. Rules.
(a) Within 180 days from March 8, 1991, the Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue rules to implement the provisions of this subchapter, including rules regarding the criteria for preparation of source reduction plans and the imposition of source reduction fees. The Mayor shall consult and give significant weight to the recommendations of the Litter and Solid Waste Reduction Commission in the issuance of rules to implement this subchapter.
(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 review period, the proposed rules shall be deemed approved.
(Mar. 16, 1978, D.C. Law 2-64, § 24; as added Mar. 8, 1991, D.C. Law 8-229, title I, § 102(c), 38 DCR 246.)
Prior Codifications
1981 Ed., § 6-738.
Section References
This section is referenced in § 8-1318 and § 8-1320.
Cross References
Motor vehicles, moving infractions, application of law, see § 50-2302.01.
Motor vehicles and traffic, uniform classification and commercial drivers’ licenses, “commercial motor vehicle” defined, see § 50-401.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 14 - Hazardous Materials Transportation › Subchapter I - General › § 8–1401. Findings and purposes

§ 8–1401. Findings and purposes.
The Council of the District of Columbia makes the following findings and supports the following purposes:
(1) Many shipments of hazardous materials are made in the District of Columbia (“District”);
(2) The District is 1 of the few states that has not adopted the federal regulations governing the transportation of hazardous materials and motor carrier safety;
(3) According to statistics compiled by the federal Environmental Protection Agency, there have been 30 incidents involving the unintentional release of hazardous materials in transport in the District since 1985, none of which have been required by law to be reported to the District government;
(4) There have been a growing number of incidents involving the transportation of hazardous materials on highways surrounding the District in recent months;
(5) According to the United States Department of Transportation, there is an insufficient number of federal inspectors available to inspect vehicles transporting hazardous materials, causing many vehicles to go uninspected unless the states have regulations enabling them to carry out inspections;
(6) The District does not have a procedure for inspecting the safety of commercial motor vehicles that transport hazardous materials in the city, nor for monitoring the condition of the operators of those vehicles;
(7) Until the District adopts a system consistent with the federal motor carrier safety regulations that govern commercial motor vehicles, including those transporting hazardous materials, the District is ineligible to receive at least $225,000 per year in federal grant assistance for implementing the regulations;
(8) Other costs to the District associated with enforcing this chapter should be the responsibility of those who transport hazardous materials in the District;
(9) The Hazardous Materials Study Commission will no longer be necessary since the Commission’s mandate will be executed through the implementation of this chapter; and
(10) Residents of and visitors to the District should be protected from the serious risks associated with improper transportation of hazardous materials, overworked operators, and unsuitable maintenance of commercial motor vehicles, including vehicles transporting hazardous materials.
(Mar. 16, 1989, D.C. Law 7-190, § 2, 35 DCR 8663.)
Prior Codifications
1981 Ed., § 6-3301.
Section References
This section is referenced in § 50-1901, § 50-2201.02, § 50-2206.01, and § 50-2206.16.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 14 - Hazardous Materials Transportation › Subchapter I - General › § 8–1402. Definition

§ 8–1402. Definition.
For the purposes of this chapter, the term “hazardous materials” means substances or materials in a quantity and form that may pose an unreasonable risk to health, safety, or property when transported in commerce and includes explosives, radioactive materials, etiological agents, flammable liquids or solids, combustible liquids or solids, poisons, oxidizing or corrosive materials, or compressed gases.
(Mar. 16, 1989, D.C. Law 7-190, § 3, 35 DCR 8663.)
Prior Codifications
1981 Ed., § 6-3302.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 14 - Hazardous Materials Transportation › Subchapter I - General › § 8–1403. Hazardous Materials Transportation Program

§ 8–1403. Hazardous Materials Transportation Program.
The Mayor shall establish a Hazardous Materials Transportation Program that shall include at a minimum:
(1) A description of the criteria for determining what materials constitute hazardous materials that is consistent with the federal hazardous materials transportation regulations of the United States Department of Transportation;
(2) The identification of the types and quantities of hazardous materials transported in the District;
(3) The identification of the carriers and shippers of the hazardous materials;
(4) A designation of primary and alternate routes for the transportation of hazardous materials in the District consistent with the federal hazardous materials transportation regulations and the federal motor carrier safety regulations of the United States Department of Transportation and taking into consideration factors that will ensure the highest degree of safety to individuals and property, including the following:
(A) Population density along the primary and alternate routes;
(B) Traffic and street conditions, including dimensions of streets and alleys;
(C) The ability to evacuate individuals in the vicinity of the primary and alternate routes should evacuation become necessary;
(D) The type and quantity of hazardous materials being transported;
(E) Whether the hazardous materials are route-controlled quantities of radioactive materials consistent with the federal hazardous materials transportation regulations; and
(F) Consistency, to the extent practicable, with the laws and regulations of adjacent states and local jurisdictions likely to be affected by the route selections;
(5) A system governing the transportation, packaging, labelling, and placarding of hazardous materials transported in the District consistent with the federal hazardous materials transportation regulations;
(6) A system to ensure motor carrier safety consistent with the federal motor carrier safety regulations that will qualify the District for federal grant assistance to implement this chapter;
(7) The inspection of commercial motor vehicles, including vehicles that transport hazardous materials in the District consistent with the federal hazardous materials transportation regulations and federal motor safety carrier regulations;
(8) Repealed.
(Mar. 16, 1989, D.C. Law 7-190, § 4, 35 DCR 8663; Oct. 1, 1992, D.C. Law 9-173, § 3(a), 39 DCR 5834.)
Prior Codifications
1981 Ed., § 6-3303.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 14 - Hazardous Materials Transportation › Subchapter I - General › § 8–1403.01. Stops and inspection

§ 8–1403.01. Stops and inspection.
To determine compliance with this chapter and its implementing regulations, a police officer may stop the driver of a motor vehicle and enter upon the premises of a motor carrier that is regulated pursuant to this chapter and inspect any of the following:
(1) All equipment, parts, and accessories, including carrier maintenance, certification, and safety records;
(2) All driver records, including driver’s license, permits, hours of service records, certificate of physical examination, and training records;
(3) All manifests, including bills of lading or other shipping documents; and
(4) All cargo and cargo areas, including the removal of cargo seals when necessary to conduct a safety inspection.
(Mar. 16, 1989, D.C. Law 7-190, § 4(a); as added Oct. 1, 1992, D.C. Law 9-173, § 3(b), 39 DCR 5834.)
Prior Codifications
1981 Ed., § 6-3303.1.
Section References
This section is referenced in § 8-1403.02.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 14 - Hazardous Materials Transportation › Subchapter I - General › § 8–1403.02. Consent to inspection

§ 8–1403.02. Consent to inspection.
(a) The operation of a vehicle subject to this chapter and its implementing regulations on any highway or roadway in the District shall constitute the consent of the driver and the owner of the vehicle to the inspection pursuant to § 8-1403.01.
(b) The driver of a vehicle shall obey every sign and every direction of a police officer to stop the vehicle and submit to an inspection.
(Mar. 16, 1989, D.C. Law 7-190, § 4(b); as added Oct. 1, 1992, D.C. Law 9-173, § 3(b), 39 DCR 5834.)
Prior Codifications
1981 Ed., § 6-3303.2.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 14 - Hazardous Materials Transportation › Subchapter I - General › § 8–1404. Penalties

§ 8–1404. Penalties.
(a) Violations of this chapter or any rule promulgated pursuant to § 8-1405 shall be adjudicated as provided by Chapter 23 of Title 50.
(b) The Mayor, by rule, may establish civil fines and penalties for violations of this chapter or any rule promulgated pursuant to § 8-1405.
(c)(1) As an alternative sanction, any person who knowingly or willfully violates this chapter, or any rule promulgated pursuant to § 8-1405 shall be subject to a fine of not less than $100 and not more than $10,000, imprisonment not to exceed 1 year for each violation, or both. Each day shall constitute a separate violation and the penalties prescribed shall be applicable to each violation.
(2) Prosecution for violations of this subsection shall be brought by the Corporation Counsel.
(Mar. 16, 1989, D.C. Law 7-190, § 5, 35 DCR 8663; Oct. 1, 1992, D.C. Law 9-173, § 3(c), 39 DCR 5834.)
Prior Codifications
1981 Ed., § 6-3304.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 14 - Hazardous Materials Transportation › Subchapter I - General › § 8–1404.01. Reimbursements

§ 8–1404.01. Reimbursements.
(a) The owner of any hazardous material motor carrier that releases a hazardous material shall reimburse the District for all expenditures made by the District to contain, remove, or respond to such a release.
(b) The Mayor shall notify by certified mail the owner of any hazardous material motor carrier that releases a hazardous material of the costs incurred by the District to contain, remove, or respond to the release.
(c) If the owner of the hazardous material motor carrier does not reimburse the District for all expenditures made to contain, remove, or respond to the release, within 10 days of the posting of notice by the Mayor, the Corporation Counsel may bring a civil action to seek reimbursement from the owner of the motor carrier.
(Mar. 16, 1989, D.C. Law 7-190, § 5(a); as added Oct. 1, 1992, D.C. Law 9-173, § 3(d), 39 DCR 5834.)
Prior Codifications
1981 Ed., § 6-3304.1.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 14 - Hazardous Materials Transportation › Subchapter I - General › § 8–1405. Rules

§ 8–1405. Rules.
Within 6 months of March 16, 1989, the Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue rules to implement the provisions of this chapter. 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, 1989, D.C. Law 7-190, § 6, 35 DCR 8663.)
Prior Codifications
1981 Ed., § 6-3305.
Section References
This section is referenced in § 8-1404.
Delegation of Authority
Delegation of authority under D.C. Law 7-190, the “D.C. Hazardous Materials Transportation & Motor Carrier Safety Act of 1988”, see Mayor’s Order 89-169, July 25, 1989.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 14 - Hazardous Materials Transportation › Subchapter II - Terrorism Prevention in Hazardous Materials Transportation › § 8–1422. Definitions

§ 8–1422. Definitions.
For the purposes of this subchapter, the term:
(1) “Capitol Exclusion Zone” means all points within 2.2 miles of the United States Capitol Building; provided, that the Capitol Exclusion Zone shall not extend beyond the geographic boundaries of the District of Columbia.
(2) “Emergency” means an unanticipated, temporary situation that threatens the immediate safety of individuals or property, as determined by the District Department of Transportation.
(3) “Person” means an individual or a commercial entity.
(4) “Practical alternative route” means a route:
(A) Which lies entirely outside the Capitol Exclusion Zone; and
(B) Whose use would not make shipment of the materials in question cost-prohibitive.
(Apr. 4, 2006, D.C. Law 16-80, § 3, 53 DCR 1047.)
Emergency Legislation
For temporary (90 day) addition, see § 3 of Terrorism Prevention in Hazardous Materials Transportation Emergency Act of 2005 (D.C. Act 16-43, February 15, 2005, 52 DCR 3048).
For temporary (90 day) addition, see § 3 of Terrorism Prevention in Hazardous Materials Transportation Congressional Review Emergency Act of 2005 (D.C. Act 16-90, June 1, 2005, 52 DCR 5428).
For temporary (90 day) addition, see § 3 of Second Terrorism Prevention in Hazardous Materials Transportation Emergency Act of 2005 (D.C. Act 16-236, December 22, 2005, 53 DCR 245).
For temporary (90 day) addition, see § 3 of Terrorism Prevention in Hazardous Materials Transportation Congressional Review Emergency Act of 2006 (D.C. Act 16-325, March 23, 2006, 53 DCR 2576).
Temporary Legislation
For temporary (225 day) addition, see § 3 of Terrorism Prevention in Hazardous Materials Transportation Temporary Act of 2005 (D.C. Law 16-2, May 14, 2005, law notification 52 DCR 5425).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 14 - Hazardous Materials Transportation › Subchapter II - Terrorism Prevention in Hazardous Materials Transportation › § 8–1424. Permits

§ 8–1424. Permits.
(a) The District Department of Transportation may issue permits authorizing the transportation of materials listed in § 8-1423 upon a demonstration that there is no practical alternative route. A permit may require adoption of safety measures, including time-of-day restrictions.
(b) The District Department of Transportation may collect fees for the permits in accordance with the rules issued under § 8-1426.
(c) Permit fees collected pursuant to this section shall not exceed the cost of implementing and enforcing this subchapter.
(Apr. 4, 2006, D.C. Law 16-80, § 5, 53 DCR 1047.)
Emergency Legislation
For temporary (90 day) addition, see § 5 of Terrorism Prevention in Hazardous Materials Transportation Emergency Act of 2005 (D.C. Act 16-43, February 15, 2005, 52 DCR 3048).
For temporary (90 day) addition, see § 5 of Terrorism Prevention in Hazardous Materials Transportation Congressional Review Emergency Act of 2005 (D.C. Act 16-90, June 1, 2005, 52 DCR 5428).
For temporary (90 day) addition, see § 5 of Second Terrorism Prevention in Hazardous Materials Transportation Emergency Act of 2005 (D.C. Act 16-236, December 22, 2005, 53 DCR 245).
For temporary (90 day) addition, see § 5 of Terrorism Prevention in Hazardous Materials Transportation Congressional Review Emergency Act of 2006 (D.C. Act 16-325, March 23, 2006, 53 DCR 2576).
Temporary Legislation
For temporary (225 day) addition, see § 5 of Terrorism Prevention in Hazardous Materials Transportation Temporary Act of 2005 (D.C. Law 16-2, May 14, 2005, law notification 52 DCR 5425).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 14 - Hazardous Materials Transportation › Subchapter II - Terrorism Prevention in Hazardous Materials Transportation › § 8–1425. Penalties

§ 8–1425. Penalties.
(a) Any person who violates § 8-1423 or rules issued under § 8-1426 shall be subject to a civil penalty not to exceed:
(1) $10,000 for a first offense; or
(2) $25,000 for any subsequent offense.
(b) The fines assessed and collected under subsection (a) of this section shall be deposited into the General Fund of the District of Columbia.
(Apr. 4, 2006, D.C. Law 16-80, § 6, 53 DCR 1047.)
Emergency Legislation
For temporary (90 day) addition, see § 6 of Terrorism Prevention in Hazardous Materials Transportation Emergency Act of 2005 (D.C. Act 16-43, February 15, 2005, 52 DCR 3048).
For temporary (90 day) addition, see § 6 of Terrorism Prevention in Hazardous Materials Transportation Congressional Review Emergency Act of 2005 (D.C. Act 16-90, June 1, 2005, 52 DCR 5428).
For temporary (90 day) addition, see § 6 of Second Terrorism Prevention in Hazardous Materials Transportation Emergency Act of 2005 (D.C. Act 16-236, December 22, 2005, 53 DCR 245).
For temporary (90 day) addition, see § 6 of Terrorism Prevention in Hazardous Materials Transportation Congressional Review Emergency Act of 2006 (D.C. Act 16-325, March 23, 2006, 53 DCR 2576).
Temporary Legislation
For temporary (225 day) addition, see § 6 of Terrorism Prevention in Hazardous Materials Transportation Temporary Act of 2005 (D.C. Law 16-2, May 14, 2005, law notification 52 DCR 5425).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 14 - Hazardous Materials Transportation › Subchapter II - Terrorism Prevention in Hazardous Materials Transportation › § 8–1426. Rules

§ 8–1426. Rules.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, and in consultation with the District of Columbia Department of Transportation, the Emergency Management Agency, the Fire and Emergency Medical Services Department, and the Metropolitan Police Department, shall issue rules to implement the provisions of this subchapter, including a schedule of permit fees to support analysis, communications to shippers and carriers, and the enforcement program.
(Apr. 4, 2006, D.C. Law 16-80, § 7, 53 DCR 1047.)
Section References
This section is referenced in § 8-1424 and § 8-1425.
Emergency Legislation
For temporary (90 day) addition, see § 7 of Terrorism Prevention in Hazardous Materials Transportation Emergency Act of 2005 (D.C. Act 16-43, February 15, 2005, 52 DCR 3048).
For temporary (90 day) addition, see § 7 of Terrorism Prevention in Hazardous Materials Transportation Congressional Review Emergency Act of 2005 (D.C. Act 16-90, June 1, 2005, 52 DCR 5428).
For temporary (90 day) addition, see § 7 of Second Terrorism Prevention in Hazardous Materials Transportation Emergency Act of 2005 (D.C. Act 16-236, December 22, 2005, 53 DCR 245).
For temporary (90 day) addition, see § 7 of Terrorism Prevention in Hazardous Materials Transportation Congressional Review Emergency Act of 2006 (D.C. Act 16-325, March 23, 2006, 53 DCR 2576).
Temporary Legislation
For temporary (225 day) addition, see § 7 of Terrorism Prevention in Hazardous Materials Transportation Temporary Act of 2005 (D.C. Law 16-2, May 14, 2005, law notification 52 DCR 5425).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 14 - Hazardous Materials Transportation › Subchapter III - Strict Liability for Release of Hazardous Materials During Transport › § 8–1441. Definitions

§ 8–1441. Definitions.
For the purposes of this subchapter, the term:
(1) “Carrier” means the person who owns the locomotive or motor vehicle, excluding the trailer or rail car, used in transporting any of the hazardous materials identified in § 8-1442.
(2) “Fund” means the Hazardous Materials Reimbursement Fund established by § 8-1447.
(3) “Motor vehicle” means any vehicle propelled by internal-combustion engine, electricity, or steam, other than a vehicle designed to run only on rails or tracks, that is intended or used for moving freight, merchandise, or other commercial loads or property. The term “motor vehicle” shall include any trailer attached to the motor vehicle.
(4) “Person” shall have the same meaning as in § 8-1302(5).
(5) “Rail car” means any vehicle without motor power that is intended or used for moving freight, merchandise, or other commercial loads or property on rails or tracks and is drawn by a locomotive.
(6) “Trailer” means a vehicle without motor power intended or used for carrying freight, merchandise, or other commercial loads or property and drawn or intended to be drawn by a motor vehicle, whether such vehicle without motor power carries the weight of the property wholly on its own structure or whether a part of such weight rests upon or is carried by a motor vehicle.
(7) “Transport” means movement by a rail car or motor vehicle.
(Mar. 14, 2007, D.C. Law 16-262, § 301, 54 DCR 794.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 14 - Hazardous Materials Transportation › Subchapter III - Strict Liability for Release of Hazardous Materials During Transport › § 8–1442. Strict liability for release of hazardous materials during transport

§ 8–1442. Strict liability for release of hazardous materials during transport.
Subject only to the exclusions and limitations set forth in §§ 8-1444 and 8-1445, and in addition to any other remedies available to the government of the District of Columbia, a carrier who transports into the District any of the hazardous materials listed in this section shall be strictly liable for all costs incurred by the District of Columbia in responding to a release or threatened release of any of the following within the geographic boundaries of the District of Columbia:
(1) Explosives of Class 1, Division 1.1, or Class 1, Division 1.2, as designated in 49 C.F.R. § 173.2, in a quantity greater than 500 kilograms;
(2) Flammable gasses of Class 2, Division 2.1, as designated in 49 C.F.R. § 173.2, in a quantity greater than 10,000 liters;
(3) Poisonous gasses of Class 2, Division 2.3, as designated in 49 C.F.R. § 173.2, in a quantity greater than 500 liters, and belonging to Hazard Zones A or B, as defined in 49 C.F.R. § 173.116;
(4) Poisonous materials, other than gasses, of Class 6, Division 6.1, in a quantity greater than 1,000 kilograms, and belonging to Hazard Zones A or B, as defined in 49 C.F.R. § 173.133;
(5) Infectious agents, assigned to risk group 4 in 49 C.F.R. § 173.134 unless the infectious agent is the subject of an exception identified in 49 C.F.R. § 173.134; and
(6) Radioactive materials in a concentration greater than that specified by the United States Nuclear Regulatory Commission in 10 C.F.R. § 30.70 (exempt concentrations), or in a quantity required to be labeled under 10 C.F.R. Part 30, Appendix B, or requiring the consideration of the need for an emergency plan for responding to a release under 10 C.F.R. § 30.72.
(Mar. 14, 2007, D.C. Law 16-262, § 302, 54 DCR 794.)
Section References
This section is referenced in § 8-1441, § 8-1443, § 8-1444, § 8-1445, § 8-1446, and § 8-1447.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 14 - Hazardous Materials Transportation › Subchapter III - Strict Liability for Release of Hazardous Materials During Transport › § 8–1443. Costs recoverable by the District of Columbia

§ 8–1443. Costs recoverable by the District of Columbia.
Costs recoverable by the District of Columbia under § 8-1442 shall include all costs related to:
(1) Containment of the gasses, explosives, and materials identified in § 8-1442;
(2) Necessary cleanup and restoration of the site and the surrounding environment;
(3) Removal of the gasses, explosives, and materials identified in § 8-1442;
(4) Such actions as may be necessary to monitor, assess, and evaluate the release or threat of release of any of the gasses, explosives, and materials identified in § 8-1442, or to mitigate damage to the public health or welfare that may otherwise result from a release or threat of a release;
(5) Natural resource damages;
(6) Attorney’s fees and costs;
(7) Reimbursement for private collection firm’s services, when used; and
(8) Applicable interest on all costs and expenses incurred.
(Mar. 14, 2007, D.C. Law 16-262, § 303, 54 DCR 794.)
Section References
This section is referenced in § 8-1444.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 14 - Hazardous Materials Transportation › Subchapter III - Strict Liability for Release of Hazardous Materials During Transport › § 8–1444. Civil action

§ 8–1444. Civil action.
(a) The Attorney General of [for] the District of Columbia may institute an action in the Superior Court of the District of Columbia against any person liable pursuant to § 8-1442 to recover all costs incurred by the District of Columbia.
(b) Notwithstanding the rights of the District of Columbia to institute an action as provided in subsection (a) of this section, any person who has expended funds to remedy environmental damage resulting from the release of any of the gasses, explosive, or materials identified in § 8-1442 may also bring an action in the Superior Court of the District of Columbia against any person who may be liable for such damage pursuant to § 8-1442. Such person’s right to recover costs shall be limited to expenditures that are incurred for the purposes described in § 8-1443 and that are consistent with the laws and rules of the District of Columbia. A person’s right to recovery under this subsection shall not be barred by the fact that the party bringing the action is itself liable to the District of Columbia under this section.
(Mar. 14, 2007, D.C. Law 16-262, § 304, 54 DCR 794.)
Section References
This section is referenced in § 8-1442.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 14 - Hazardous Materials Transportation › Subchapter III - Strict Liability for Release of Hazardous Materials During Transport › § 8–1445. Defenses to liability

§ 8–1445. Defenses to liability.
There shall be no liability under § 8-1442 for a person otherwise liable who can establish by a preponderance of the evidence that the costs resulting from their acts or omissions were caused solely by:
(1) An act of God;
(2) An act of War;
(3) An act or omission of a third party other than an employee or agent of the defendant, or other than one whose act or omission occurs in connection with a contractual relationship, existing directly or indirectly, with the defendant, if the defendant establishes by a preponderance of the evidence that the defendant:
(A) Exercised due care with respect to the hazardous substance concerned, taking into consideration the characteristics of such hazardous substance, in light of all relevant facts and circumstances; and
(B) Took precautions against foreseeable acts or omissions of any such third party and the consequences that could foreseeably result from such acts or omissions; or
(4) Any combination of the foregoing paragraphs.
(Mar. 14, 2007, D.C. Law 16-262, § 305, 54 DCR 794; Mar. 25, 2009, D.C. Law 17-353, § 157(d), 56 DCR 1117.)
Section References
This section is referenced in § 8-1442.
Effect of Amendments
D.C. Law 17-353 validated a previously made technical correction.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 14 - Hazardous Materials Transportation › Subchapter III - Strict Liability for Release of Hazardous Materials During Transport › § 8–1446. Punitive damages

§ 8–1446. Punitive damages.
In addition to the damages authorized elsewhere in this subchapter, punitive damages may be awarded, if it is proved that the plaintiff’s injuries were caused by the defendant’s wanton or reckless disregard for public safety in the transportation of the gasses, explosives, and materials identified in § 8-1442.
(Mar. 14, 2007, D.C. Law 16-262, § 306, 54 DCR 794.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 14 - Hazardous Materials Transportation › Subchapter III - Strict Liability for Release of Hazardous Materials During Transport › § 8–1447. Establishment of Hazardous Materials Reimbursement Fund

§ 8–1447. Establishment of Hazardous Materials Reimbursement Fund.
(a) There is established within the General Fund of the District of Columbia a segregated, nonlapsing fund to be known as the Hazardous Materials Reimbursement Fund. All funds as set forth in subsection (b) of this section shall be deposited into the Fund without regard to fiscal year limitation and shall not revert to the General Fund of the District of Columbia at the end of any fiscal year or at any other time, but shall be continually available for the uses and purposes set forth in subsection (c) of this section. The Fund shall be administered by the Mayor.
(b) The Chief Financial Officer shall deposit into the Fund all costs recovered by the District of Columbia pursuant to this subchapter.
(c) All funds deposited shall be available for use by the Mayor to reimburse District of Columbia agencies for costs incurred by the release or threatened release of the hazardous materials identified in § 8-1442.
(Mar. 14, 2007, D.C. Law 16-262, § 307, 54 DCR 794.)
Section References
This section is referenced in § 8-1441.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 15 - Low-Level Radioactive Waste Generator Regulatory Policy › § 8–1501. Definitions

§ 8–1501. Definitions.
For the purpose of this chapter, the term:
(1) “Disposal” means the permanent isolation of low-level radioactive waste as a regional disposal facility as defined in section 2 of the Low-level Radioactive Waste Policy Act, approved December 23, 1980 (94 Stat. 3347; 42 U.S.C. § 2021b) (“Waste Policy Act”).
(2) “Generator” means any public or private individual, institution, corporation, association, group, or other legally constituted enterprise that produces low-level radioactive waste in the District of Columbia (“District”).
(3) “Low-level radioactive waste (‘waste’)” means radioactive material that:
(A) Is not high-level radioactive waste, spent nuclear fuel, transuranic waste, or byproduct material as defined in section 11e of the Atomic Energy Act of 1954, approved August 30, 1954 (68 Stat. 923; 42 U.S.C. § 2014(e)); and
(B) The United States Nuclear Regulatory Commission has classified, consistent with 10 C.F.R. 61.55, as low-level radioactive waste.
(4) “Regional facility” means a low-level radioactive waste disposal facility in operation on January 1, 1985, or subsequently established and operated pursuant to the Waste Policy Act.
(Mar. 7, 1991, D.C. Law 8-226, § 2, 38 DCR 219.)
Prior Codifications
1981 Ed., § 6-3701.
References in Text
The definition of low-level radioactive waste disposal facility in the Waste Policy Act, referred to in (4), is codified at 42 U.S.C. 2021b(11).
Delegation of Authority
Delegation of authority pursuant to D.C. Law 8-226, the “District of Columbia Low-level Radioactive Waste Generator Regulatory Policy Act of 1990”, see Mayor’s Order 94-102, April 28, 1994 ( 41 DCR 2523).
Delegation of authority pursuant to D.C. Law 8-226, the “District of Columbia Low-Level Radioactive Waste Generator Regulatory Policy Act of 1990”, see Mayor’s Order 98-52, April 15, 1998 ( 45 DCR 2698).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 15 - Low-Level Radioactive Waste Generator Regulatory Policy › § 8–1502. Reports

§ 8–1502. Reports.
(a) Pursuant to rules issued by the Mayor in accordance with § 8-1506, by May 15, 1991, and on February 1 of each subsequent year, any person who generates low-level radioactive waste in the District shall submit to the Mayor a report that details for the previous calendar year:
(1) The class and quantity of any waste generated, stored by the generator for decay or for later transfer to another facility, or transferred by the generator to another facility;
(2) The general type of generator (e.g., medical, university, industry, electric, utility, government, or nonprofit);
(3) Any additional information as the Mayor may require on the nature and characteristics of the waste (including chemical and physical characteristics, properties, or constituents, radionuclides present, curie content or concentration of radioactivity); and
(4) The extent of reduction in quantity and the nature and extent of reduction or other change in nature of characteristics of the waste as a result of treatment or interim storage after generation and before delivery to a facility for permanent disposal of the waste.
(b) The Mayor shall, pursuant to rules issued in accordance with § 8-1506, provide the appropriate procedures for the preparation and submission of the report when more than one person is the generator of the same waste.
(c) Any generator who fails to report as required by this section shall be fined an amount not to exceed $5,000 for each day of noncompliance and may be required to forfeit any right, license, permit, or privilege to possess radioactive materials in the District.
(d) Beginning on July 1, 1991, and on April 1 of each subsequent year, the Mayor shall submit to the Council of the District of Columbia, a report that summarizes and categorizes by type of generator, the nature, characteristic, and quantity of waste generated in the District during the previous calendar year.
(Mar. 7, 1991, D.C. Law 8-226, § 3, 38 DCR 219; Apr. 18, 1996, D.C. Law 11-110, § 17, 43 DCR 530.)
Prior Codifications
1981 Ed., § 6-3702.
Delegation of Authority
Delegation of authority pursuant to D.C. Law 8-226, the District of Columbia Low-Level Radioactive Waste Generator Regulatory Policy Act of 1990, see Mayor’s Order 2007-126, May 31, 2007 ( 54 DCR 9065).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 15 - Low-Level Radioactive Waste Generator Regulatory Policy › § 8–1503. Registration; fee

§ 8–1503. Registration; fee.
(a) Pursuant to rules issued by the Mayor in accordance with § 8-1506, beginning in 1991, any person who generates waste in the District shall register annually with the Mayor on a form prescribed by the Mayor and pay an annual registration fee to be established by the Mayor. Any generator who fails to register as required by this section shall be fined an amount not to exceed $5,000 for each day of noncompliance and may be required to forfeit any right, license, permit, or privilege to possess radioactive materials in the District.
(b) Any registration issued pursuant to this section shall be issued as a Public Health: Radioactive Equipment 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. 7, 1991, D.C. Law 8-226, § 4, 38 DCR 219; Apr. 20, 1999, D.C. Law 12-261, § 2003(n), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(n), 50 DCR 6913.)
Prior Codifications
1981 Ed., § 6-3703.
Effect of Amendments
D.C. Law 15-38, in subsec. (b), substituted “Public Health: Radioactive Equipment endorsement to a basic business license under the basic” for “Class A Public Health: Radioactive Equipment endorsement to a master business license under the master”.
Emergency Legislation
For temporary (90 day) amendment of section, see § 3(n) 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 15 - Low-Level Radioactive Waste Generator Regulatory Policy › § 8–1504. Fund; assessment. [Repealed]

§ 8–1504. Fund; assessment. [Repealed]
Repealed.
(Mar. 7, 1991, D.C. Law 8-226, § 5, 38 DCR 219; Sept. 14, 2011, D.C. Law 19-21, § 9069, 58 DCR 6226.)
Prior Codifications
1981 Ed., § 6-3704.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 15 - Low-Level Radioactive Waste Generator Regulatory Policy › § 8–1505. Citizen right of action

§ 8–1505. Citizen right of action.
Any person aggrieved by the failure of a generator of low-level radioactive waste in the District to comply with this chapter may sue for relief in any court of competent jurisdiction. The court may grant any declaratory or injunctive relief it deems necessary. Reasonable attorney’s fees and court costs may be awarded to the prevailing party, other than the District government, for actions brought under this section.
(Mar. 7, 1991, D.C. Law 8-226, § 6, 38 DCR 219.)
Prior Codifications
1981 Ed., § 6-3705.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 15 - Low-Level Radioactive Waste Generator Regulatory Policy › § 8–1506. Rules

§ 8–1506. Rules.
By May 1, 1991, the Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue rules to implement the provisions of this chapter including rules regarding rates, fee and payment schedules, registration forms, reporting guidelines, and other operational provisions deemed necessary to fully implement and enforce the provisions of this chapter.
(Mar. 7, 1991, D.C. Law 8-226, § 7, 38 DCR 219.)
Prior Codifications
1981 Ed., § 6-3706.
Section References
This section is referenced in § 8-1502 and § 8-1503.
Delegation of Authority
Delegation of authority pursuant to D.C. Law 8-226, the District of Columbia Low-Level Radioactive Waste Generator Regulatory Policy Act of 1990, see Mayor’s Order 2007-126, May 31, 2007 ( 54 DCR 9065).