reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter I-A - Anacostia River Clean Up and Protection › § 8–102.06a. Establishment of Anacostia pilot program

§ 8–102.06a. Establishment of Anacostia pilot program.
(a) The District Department of the Environment shall:
(1) Establish a pilot program that permits entities to adopt a section of the Anacostia River for the purpose of removing bottles and other trash; and
(2) Select an entity to participate in the pilot program whose organizational mission is related to the restoration and preservation of District waterways.
(b) The pilot program shall include financial incentives and continue for at least 6 months.
(c) After completion of the pilot program, the District Department of the Environment may extend the program indefinitely and expand it to include other District waterways.
(Sept. 23, 2009, D.C. Law 18-55, § 7a; as added Oct. 23, 2012, D.C. Law 19-188, § 2(c), 59 DCR 10151.)
Section References
This section is referenced in § 8-102.05.
Effect of Amendments
The 2012 amendment by D.C. Law 19-188 added this section.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter I-A - Anacostia River Clean Up and Protection › § 8–102.07. Issuance of Anacostia River Commemorative License Plates

§ 8–102.07. Issuance of Anacostia River Commemorative License Plates.
(a) The Mayor shall issue reflectorized motor vehicle identification tags of a design to enhance public awareness of the District of Columbia’s efforts to restore and protect the Anacostia River and these identification tags may be called Anacostia River Commemorative License Plates. These identification tags shall retain and display the “End Taxation Without Representation” slogan of the current District of Columbia motor vehicle identification tags.
(b) In addition to the annual registration fee required by § 50-1501.03(a), a one-time fee of $25 shall be charged each time new Anacostia River Commemorative License Plates are issued. There shall also be a $20 renewal fee for Anacostia River Commemorative License Plates, which fee shall be charged biennially.
(c) The Mayor shall recover the cost of producing and issuing the Anacostia River Commemorative License Plates from the proceeds collected from the one-time $25 fee and the biennial $20 renewal fee established under subsection (b) of this section.
(d) The balance shall be paid into the Anacostia River Clean Up and Protection Fund established by § 8-102.05(a) and used for the purposes described therein.
(e) The Mayor shall implement this section within 180 days after September 23, 2009. If an extension is necessary, the Mayor shall notify the Council prior to the implementation date.
(Sept. 23, 2009, D.C. Law 18-55, § 8, 56 DCR 5703; Apr. 15, 2017, D.C. Law 21-279, § 4, 64 DCR 966.)
Section References
This section is referenced in § 50-1501.03.
Cross References
Illegal dumping enforcement, see § 8-903.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter II - Water Pollution Control › § 8–103.02. Discharge of pollutants prohibited; exception

§ 8–103.02. Discharge of pollutants prohibited; exception.
Except as provided in § 8-103.06, no person shall discharge a pollutant to the waters of the District.
(Mar. 16, 1985, D.C. Law 5-188, § 3, 32 DCR 919.)
Prior Codifications
1981 Ed., § 6-922.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter II - Water Pollution Control › § 8–103.03. Protection of aquatic life

§ 8–103.03. Protection of aquatic life.
(a) While regulating against water pollution and except as provided in subsection (d) of this section, the Mayor shall protect aquatic animals and plants, and shall preserve and restore aquatic life in District waters for aesthetic enjoyment, for recreation, and for industry.
(b)(1) The Mayor shall study the number and the well-being of aquatic plants and animals, and shall determine the need to license or otherwise limit fishing and other forms of hunting, sports or industry which take or destroy aquatic life or the aquatic habitat. The Mayor shall consider the economic impact upon the various segments of the public before establishing fees for licenses.
(2) No person shall hunt, fish, capture, intentionally harm or attempt to hunt, fish, capture, or intentionally harm fish in District waters, except while in physical possession of a license issued by the Mayor. The Mayor may establish and modify, through administrative orders, the seasons, methods, species, and allowable volume of take for fishing; provided, that if the Mayor issues an administrative order pursuant to this paragraph, the Mayor, pursuant to Chapter 5 of Title 2, shall first issue rules outlining how the administrative orders will be made public, which shall include a website where the public may access up-to-date information about seasons, methods, species, and volume of take authorized pursuant to this section.
(3) Repealed.
(c) The Mayor may enter into agreements with state and federal agencies to manage and protect aquatic life.
(d) The Mayor may protect against aquatic life which creates a nuisance in the District.
(Mar. 16, 1985, D.C. Law 5-188, § 4, 32 DCR 919; Mar. 8, 2006, D.C. Law 16-57, § 2, 53 DCR 12; May 19, 2017, D.C. Law 21-282, § 313(a), 64 DCR 2055.)
Prior Codifications
1981 Ed., § 6-923.
Effect of Amendments
D.C. Law 16-57 rewrote subsec. (b)(3) which had read as follows: “(3) Revenues from a licensing regulatory scheme under this section shall be used only for protecting and managing aquatic life.”
Emergency Legislation
For temporary (90 day) amendment of section, see § 2 of Water Pollution Control Emergency Amendment Act of 2004 (D.C. Act 15-655, December 29, 2004, 52 DCR 477).
For temporary (90 day) amendment of section, see § 2 of Water Pollution Control Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-54, March 17, 2005, 52 DCR 3172).
For temporary (90 day) amendment of section, see § 2 of Water Pollution Control Emergency Amendment Act of 2005 (D.C. Act 16-201, November 17, 2005, 52 DCR 10509).
For temporary (90 day) amendment of section, see § 2 of Water Pollution Control Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-280, February 27, 2006, 53 DCR 1626).
Temporary Legislation
For temporary (225 day) amendment of section, see § 2 of Water Pollution Control Temporary Amendment Act of 2004 (D.C. Law 15-321, April 8, 2005, law notification 52 DCR 4710).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter II - Water Pollution Control › § 8–103.03a. Fishing License Fund

§ 8–103.03a. Fishing License Fund.
(a) There is established as a special fund the Fishing License Fund ("Fund"), which shall be administered by the Mayor in accordance with subsection (c) of this section.
(b) Proceeds from the sale of fishing licenses or licensure endorsements, including proceeds collected pursuant to part A of subchapter III of Chapter 22 of this title, shall be deposited into the Fund.
(c) Monies deposited into the Fund shall be used solely for the administration and management of the District's fish and wildlife resources by the agency responsible for protecting and managing those resources.
(d)(1) The money deposited into the Fund shall not revert to 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 fiscal plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
(Mar. 16, 1985, D.C. Law 5-188, § 4a, 32 DCR 919; as added May 19, 2017, D.C. Law 21-282, § 313(b), 64 DCR 2055.)
Construction of Law
Section 601 of D.C. Law 21-282 provides that nothing in this act shall be construed to affect an action or proceeding commenced before May 19, 2017.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter II - Water Pollution Control › § 8–103.04. Classification of beneficial uses of waters

§ 8–103.04. Classification of beneficial uses of waters.
(a) At least once every 3 years, the Mayor shall review the water quality standards and if appropriate revise the classification of the beneficial uses of the waters and the criteria for water needed for the particular classes of beneficial uses.
(b) The classifications and the criteria shall accompany guidelines for preserving the waters for the beneficial uses and for preventing harm to the water quality.
(c) Before promulgating the classifications, criteria, and guidelines, the Mayor shall consider the environmental, technological, institutional, and socio-economic impact of applying and enforcing them.
(d) The Mayor shall regularly monitor District waters, according to their classification under subsection (a) of this section, to determine whether the water fulfills the quality standards established under this subchapter.
(Mar. 16, 1985, D.C. Law 5-188, § 5, 32 DCR 919.)
Prior Codifications
1981 Ed., § 6-924.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter II - Water Pollution Control › § 8–103.05. Monitoring for compliance with subchapter

§ 8–103.05. Monitoring for compliance with subchapter.
(a) The Mayor shall ensure that all monitoring for compliance under this subchapter acquires accurate data and forms the basis for valid and reliable determinations.
(b) Monitoring for compliance as a condition for a permit under this subchapter shall comply with a quality assurance plan approved by the Mayor.
(Mar. 16, 1985, D.C. Law 5-188, § 6, 32 DCR 919.)
Prior Codifications
1981 Ed., § 6-925.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter II - Water Pollution Control › § 8–103.07. Location of discharge; recognition of reduction of pollutants; restrictions on quantity of materials discharged; discharge of used motor oil to sewer prohibited

§ 8–103.07. Location of discharge; recognition of reduction of pollutants; restrictions on quantity of materials discharged; discharge of used motor oil to sewer prohibited.
(a) While pollution from point sources into storm sewers shall be considered discharges into District waters, the location of the discharge of the storm sewer wastewater into the waters of the District or other jurisdictions shall be the location of the discharge for any permit issued by the Mayor.
(b) Except for loss of heat, no reduction of pollutants in the discharged wastewater while flowing in the storm sewer will be recognized by the Mayor.
(c) No person shall discharge to a sanitary or combined sewer any material in a quantity which would interfere with or pass through a municipal treatment facility or a unit process of the facility, cause or contribute to a violation of any permit or water quality standard, or interfere with the potential to use sludge for a beneficial purpose.
(d) The discharge of oil, gasoline, anti-freeze, acid, or other hazardous substance, pollutant or nuisance material to any street, alley, sidewalk or other public space in quantities sufficient to constitute a hazard or nuisance is prohibited.
(e) The discharge of used motor oil to any sewer is prohibited.
(Mar. 16, 1985, D.C. Law 5-188, § 8, 32 DCR 919.)
Prior Codifications
1981 Ed., § 6-927.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter II - Water Pollution Control › § 8–103.08. Discharge of pollutant from vessel or onshore or offshore facility; removal of these pollutants; contingency plan for environmental emergencies

§ 8–103.08. Discharge of pollutant from vessel or onshore or offshore facility; removal of these pollutants; contingency plan for environmental emergencies.
(a)(1) A person in charge of a vessel or an onshore or an offshore facility shall, as soon as a discharge of a pollutant from the vessel or the facility has been discovered, notify the Mayor about the discharge.
(2) Notice or information resulting from the notice shall not be used against a person in a criminal case, except a prosecution for perjury or for giving a false statement.
(b) Whenever there is a discharge or a substantial threat of discharge into the waters of the District of a hazardous substance, or there is a discharge or substantial threat of discharge into the waters of the District of a pollutant which may present an imminent and substantial danger to the public health or welfare, including danger to the livelihood of members of the public health or welfare, the Mayor is authorized to act to remove or arrange for the removal of the pollutant, and the Corporation Counsel of the District may bring suit on behalf of the District in the Superior Court of the District of Columbia or any other court of competent jurisdiction to restrain immediately any person causing or contributing to a discharge or threat of discharge, to recover any costs of removal incurred by the District, to impose civil penalties or to seek any other relief as the public interest may require.
(c)(1) By September 1, 1985, the Mayor shall establish a contingency plan for responding to environmental emergencies pursuant to the authority granted in this section.
(2) The plan shall provide for the following:
(A) Organize and assign duties among District agencies;
(B) Manage the procurement and use of emergency equipment and supplies;
(C) Establish a special group of trained personnel to carry out the plan;
(D) Develop surveillance designed to watch for emergencies and to provide the earliest possible notice to the appropriate District and federal agencies;
(E) Establish a control center to direct the operations of the plan;
(F) Establish procedures and techniques for removing the pollutant; and
(G) Establish or cooperate in a system for state and local coordination.
(Mar. 16, 1985, D.C. Law 5-188, § 9, 32 DCR 919.)
Prior Codifications
1981 Ed., § 6-928.
Section References
This section is referenced in § 8-103.09, § 8-103.16, and § 8-103.17.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter II - Water Pollution Control › § 8–103.09a. District of Columbia Wells Maintenance Fund; establishment; financing. [Repealed]

§ 8–103.09a. District of Columbia Wells Maintenance Fund; establishment; financing. [Repealed]
Repealed.
(Mar. 16, 1985, D.C. Law 5-188, § 10a; as added Nov. 13, 2003, D.C. Law 15-39, § 612(d), 50 DCR 5668; Sept. 14, 2011, D.C. Law 19-21, § 9089, 58 DCR 6226.)
Emergency Legislation
For temporary (90 day) addition, see § 612(d) of Fiscal Year 2004 Budget Support Emergency Act of 2003 (D.C. Act 15-105, June 20, 2003, 50 DCR 5613).
For temporary (90 day) addition, see § 612(d) of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter II - Water Pollution Control › § 8–103.09c. Soil Erosion and Sediment Control Fund

§ 8–103.09c. Soil Erosion and Sediment Control Fund.
(a) There is established as a special fund the Soil Erosion and Sediment Control Fund ("Fund"), which shall be administered by the Director of the Department of Energy and Environment in accordance with subsection (c) of this section.
(b) Revenue collected under this subchapter from the Department of Energy and Environment's review of construction plans for erosion and sediment control shall be deposited in the Fund.
(c) Money in the Fund shall be used for the purposes of supporting and administering the soil erosion and sediment control programs of the Department of Energy and Environment.
(d)(1) The money deposited into the Fund shall not revert to the unrestricted 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, 1985, D.C. Law 5-188, § 10c; as added Dec. 13, 2017, D.C. Law 22-33, § 6042, 64 DCR 7652.)
Emergency Legislation
For temporary (90-day) creation of this section, see § 6042 of the Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017, effective October 24, 2017 (D.C. Act 22-167; 64 DCR 10802).
For temporary (90-day) creation of this section, see § 6042 of the Fiscal Year 2018 Budget Support Emergency Act of 2017, effective July 20, 2017 (D.C. Act 22-104; 64 DCR 7032).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter II - Water Pollution Control › § 8–103.09d. Stormwater Fees Fund

§ 8–103.09d. Stormwater Fees Fund.
(a) There is established as a special fund the Stormwater Fees Fund ("Fund"), which shall be administered by the Director of the Department of Energy and Environment in accordance with subsection (c) of this section.
(b) Revenue collected under this subchapter from the Department of Energy and Environment's review of construction and grading plans for stormwater management shall be deposited into the Fund.
(c) Money in the Fund shall be used for the purposes of supporting and administering the stormwater management programs of the Department of Energy and Environment.
(d)(1) The money deposited into the Fund shall not revert to the unrestricted 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, 1985, D.C. Law 5-188, § 10d; as added Dec. 13, 2017, D.C. Law 22-33, § 6052, 64 DCR 7652.)
Emergency Legislation
For temporary (90-day) creation of this section, see § 6052 of the Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017, effective October 24, 2017 (D.C. Act 22-167; 64 DCR 10802).
For temporary (90-day) creation of this section, see § 6052 of the Fiscal Year 2018 Budget Support Emergency Act of 2017, effective July 20, 2017 (D.C. Act 22-104; 64 DCR 7032).
Editor's Notes
Section 6063 of D.C. Law 22-33 provided that this section shall apply as of September 30, 2017.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter II - Water Pollution Control › § 8–103.10. Spill prevention and cleanup plan for onshore or offshore facility; discharge from underground facility; testing of underground tanks for leaks

§ 8–103.10. Spill prevention and cleanup plan for onshore or offshore facility; discharge from underground facility; testing of underground tanks for leaks.
(a)(1) No person shall store a pollutant or hazardous substance at an onshore or offshore facility until the Mayor has approved a spill prevention and cleanup plan for the pollutant or hazardous substance.
(2) The plan shall describe the procedures and the equipment, as well as the personnel preparations, for preventing and cleaning up a spill of the pollutant into District waters.
(b)(1) If information indicates that a discharge exists from an underground facility then the Mayor may require the owner or operator to monitor to determine if the discharge exists and the extent of the discharge.
(2) The Mayor may also require the owner or operator to remove and prevent the spread of the discharge.
(c) The owner or operator of an underground storage tank containing oil, gasoline, or any other pollutant shall test the tank at regular intervals for leaks in conformity with the requirements of subchapter VII of this chapter.
(Mar. 16, 1985, D.C. Law 5-188, § 11, 32 DCR 919; Mar. 8, 1991, D.C. Law 8-242, § 14, 38 DCR 344.)
Prior Codifications
1981 Ed., § 6-930.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter II - Water Pollution Control › § 8–103.11. Water quality management plan

§ 8–103.11. Water quality management plan.
(a) The Mayor shall establish a water quality management plan according with which activities regulated under this subchapter shall comply.
(b) The plan should include pollution control alternatives, evaluation of the attainment of the water quality standards, the population affected, the costs of implementing the plan, the designation of agencies to implement the various portions of the plan, and the benefits of implementing the plan.
(c) The plan shall be reviewed periodically.
(d) The Mayor may certify that water quality management plans from the state, the local, or the federal government are acceptable.
(e) The Mayor shall review environmental impact statements and assessments, feasibility studies, facility plans, and other proposals in order to determine if the activity conforms with the water quality management plans of the District.
(Mar. 16, 1985, D.C. Law 5-188, § 12, 32 DCR 919.)
Prior Codifications
1981 Ed., § 6-931.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter II - Water Pollution Control › § 8–103.12. Mayor authorized to issue research grants

§ 8–103.12. Mayor authorized to issue research grants.
The Mayor may issue grants for research concerning the quality of the District waters to universities and institutions.
(Mar. 16, 1985, D.C. Law 5-188, § 13, 32 DCR 919.)
Prior Codifications
1981 Ed., § 6-932.
Editor's Notes
Extension of authority: The authority of the Mayor to issue grants under this section was extended to both the Department of Regulatory Affairs and the Department of Public Works by Reorganization Plan No. 2 of 1987, effective July 3, 1987.
Delegation of Authority
Delegation of authority pursuant to Law 5-188, see Mayor’s Order 87-278, December 11, 1987.
Delegation of authority pursuant to D.C. Law 5-188, the “Water Pollution Control Act of 1984”, see Mayor’s Order 98-50, April 15, 1998 ( 45 DCR 2696).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter II - Water Pollution Control › § 8–103.13. Mayor authorized to regulate construction

§ 8–103.13. Mayor authorized to regulate construction.
(a) The Mayor may regulate construction that bears upon the quality of the waters of the District.
(b) No person shall construct a treatment facility which has not been approved by the Mayor before construction begins.
(Mar. 16, 1985, D.C. Law 5-188, § 14, 32 DCR 919.)
Prior Codifications
1981 Ed., § 6-933.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter II - Water Pollution Control › § 8–103.13a. Well construction, maintenance, and abandonment

§ 8–103.13a. Well construction, maintenance, and abandonment.
(a) Except as provided in subsection (d) of this section, no person may construct a well without first obtaining a permit subject to the terms, conditions, or restrictions the Mayor deems necessary including the right to inspect the permittee’s property during reasonable times and in a reasonable manner, to ensure compliance with this subchapter or any rules promulgated thereunder. A permit issued pursuant to this subsection shall be valid for a period of 2 years after the date of issue. The Mayor may issue rules for modifying, revoking, reissuing, or terminating permits.
(b) The owner of a well shall maintain the well in accordance with the rules promulgated by the Mayor.
(c) A person shall provide at least 30 days written notice to the Mayor before abandoning the well. Within 30 days of the date of this notice, the person shall seal and fill the well pursuant to rules issued by the Mayor. A person who fails to renew a permit within 90 days after the expiration date of the permit shall be deemed to have provided notice of abandoning the well and shall seal and fill the well within 120 days of the permit’s expiration date.
(d) The Mayor may create categories of wells and exempt certain categories of wells from the requirements of this section and § 8-103.13b.
(Mar. 16, 1985, D.C. Law 5-188, § 14a; as added Nov. 13, 2003, D.C. Law 15-39, § 612(e), 50 DCR 5668.)
Section References
This section is referenced in § 8-103.01, § 8-103.13b, and § 8-103.16.
Emergency Legislation
For temporary (90 day) addition, see § 612(e) of Fiscal Year 2004 Budget Support Emergency Act of 2003 (D.C. Act 15-105, June 20, 2003, 50 DCR 5613).
For temporary (90 day) addition, see § 612(e) of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter II - Water Pollution Control › § 8–103.13b. Fees, reimbursements, and costs

§ 8–103.13b. Fees, reimbursements, and costs.
(a) The Mayor shall establish a schedule of fees for permits required by § 8-103.13a.
(b) The Mayor may require reimbursement of costs for services including, inspections, sample collection, or document review pursuant to § 8-103.13a.
(c) The Mayor may charge a fee for any permit issued pursuant to § 8-103.06.
(Mar. 16, 1985, D.C. Law 5-188, § 14b; as added Nov. 13, 2003, D.C. Law 15-39, § 612(e), 50 DCR 5668.)
Section References
This section is referenced in § 8-103.01 and § 8-103.13a.
Emergency Legislation
For temporary (90 day) addition, see § 612(e) of Fiscal Year 2004 Budget Support Emergency Act of 2003 (D.C. Act 15-105, June 20, 2003, 50 DCR 5613).
For temporary (90 day) addition, see § 612(e) of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter II - Water Pollution Control › § 8–103.14. Use of sludge from treatment facilities

§ 8–103.14. Use of sludge from treatment facilities.
(a) The Mayor may review and, as appropriate, approve studies, plans and specifications, operating manuals, and procedures for the disposal or use of sludge from treatment facilities and shall issue construction or operation permits.
(b) If the use of the sludge involves distribution to the public, then a distribution permit will also be required specifying the quality control and health protection conditions which must be met prior to distribution.
(c) For sludge originating outside of the District, a permit by reciprocity may be issued based upon an evaluation of the regulations of the originating state.
(Mar. 16, 1985, D.C. Law 5-188, § 15, 32 DCR 919.)
Prior Codifications
1981 Ed., § 6-934.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter II - Water Pollution Control › § 8–103.15. Subpoena and inspection powers of Mayor

§ 8–103.15. Subpoena and inspection powers of Mayor.
(a) The Mayor may issue a subpoena to compel the presentation of information pertinent to the regulation of the quality of District waters. If any person neglects or refuses to obey the subpoena, the Mayor may invoke the aid of a court of competent jurisdiction to compel compliance with the subpoena. The court may issue an order requiring the subpoenaed person to appear before the Mayor to produce the information requested. The court may punish any failure to obey an order issued pursuant to this subsection as a contempt thereof.
(b) For the purpose of enforcing this subchapter or any rule issued pursuant to this subchapter, the Mayor or his or her designated representative may, at any reasonable time, upon the presentation of appropriate credentials to the owner, operator, or agent in charge:
(1) Enter without delay any place to inspect any facilities, discharges, activities, equipment, wells, wetlands, underwater lands, or any other item that reasonably relates to the regulation of the quality of District waters;
(2) Inspect and obtain samples of any water or soil that will assist in regulating the quality of District waters; and
(3) Inspect and copy any record, report, information, or test result required to be maintained pursuant to the rules issued pursuant to this subchapter.
(c) If the Mayor is denied access to any place, that reasonably relates to the regulation of the quality of District waters, the Mayor may apply to a court of competent jurisdiction for a search warrant.
(Mar. 16, 1985, D.C. Law 5-188, § 16, 32 DCR 919; Nov. 13, 2003, D.C. Law 15-39, § 612(f), 50 DCR 5668.)
Prior Codifications
1981 Ed., § 6-935.
Section References
This section is referenced in § 8-103.09.
Effect of Amendments
D.C. Law 15-39, rewrote subsecs. (a) and (b); and added subsec. (c).
Emergency Legislation
For temporary (90 day) amendment of section, see § 612(f) of Fiscal Year 2004 Budget Support Emergency Act of 2003 (D.C. Act 15-105, June 20, 2003, 50 DCR 5613).
For temporary (90 day) amendment of section, see § 612(f) of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter II - Water Pollution Control › § 8–103.18. Civil actions

§ 8–103.18. Civil actions.
(a)(1) The Mayor is authorized to institute a civil action for a prohibitory or mandatory injunction or other appropriate relief by way of a temporary restraining order, preliminary or permanent injunction, or other judicial decree.
(2) The action shall be brought in the Superior Court of the District of Columbia or any other court of competent jurisdiction.
(3) In any action under this subsection, upon a showing that any person is violating or is about to violate any provision of this subchapter or any regulations promulgated pursuant to this subchapter or any order, permit, or permit condition established according to this subchapter, the court may grant an injunction without requiring a showing of a lack of an adequate remedy at law.
(b)(1) For violations of this subchapter or related regulations or orders, the Mayor may bring civil action in the Superior Court of the District of Columbia or any other court of competent jurisdiction.
(2)(A) A person who violates the laws referred to in paragraph (1) of this subsection shall be subject to a civil penalty of no more than $50,000 for each violation; provided, that the Mayor may adjust this civil penalty by rulemaking to account for inflation.
(B) A person who willfully violates the laws referred to in paragraph (1) of this subsection shall be subject to a civil penalty of no more than $250,000 for each violation.
(C) The court shall determine the amount of the civil penalty under this paragraph based on consideration of the following factors:
(i) The size of the person’s business;
(ii) The ability of the person to continue the business despite the penalty;
(iii) The seriousness of the violation; and
(iv) The nature and the extent of success in the person’s efforts to mitigate the effects of the discharge.
(3) If the Mayor does not apply the administrative remedy under § 8-103.17(d)(1), then the Mayor may bring suit in the Superior Court of the District of Columbia or any other court of competent jurisdiction to charge the penalty described in paragraph (2) of this subsection.
(4) Each violation of the laws referred to in paragraph (1) of this subsection shall be considered a separate offense.
(Mar. 16, 1985, D.C. Law 5-188, § 19, 32 DCR 919; May 19, 2017, D.C. Law 21-282, § 313(c), 64 DCR 2055.)
Prior Codifications
1981 Ed., § 6-938.
Section References
This section is referenced in § 8-103.17.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter II - Water Pollution Control › § 8–103.19. Private rights of action permitted; prior notice to Mayor; regulations and investigations concerning reported violations

§ 8–103.19. Private rights of action permitted; prior notice to Mayor; regulations and investigations concerning reported violations.
(a) Any citizen of the District, private party, company, business, or citizen group may commence a civil action against any person who is in violation of any provision of this subchapter; provided, that no such action may be commenced unless:
(1) The complaining person has, at least 90 days prior to the commencement of such action, given the Mayor and the alleged violator notice of the alleged violation and of the intention to sue; and
(2) The Mayor has not within the 90-day period either taken reasonable action to bring the alleged violator into compliance or initiated enforcement proceedings in accordance with this subchapter.
(b)(1) The Mayor shall promulgate regulations for receiving and ensuring proper consideration of information submitted by the public about violations.
(2) The Mayor shall investigate and provide a written response to all reports submitted in accord with the procedures promulgated pursuant to paragraph (1) of this subsection.
(3) The Mayor shall not oppose intervention by any citizen in a civil action brought pursuant to this section.
(4) Before settlement of any enforcement action brought pursuant to this section the Mayor shall publish notice of the proposed settlement in the District of Columbia Register and shall allow at least 30 days for public comment.
(Mar. 16, 1985, D.C. Law 5-188, § 20, 32 DCR 919.)
Prior Codifications
1981 Ed., § 6-939.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter II - Water Pollution Control › § 8–103.20. Rules

§ 8–103.20. Rules.
The Mayor shall issue rules to implement the provisions of this subchapter pursuant to subchapter I of Chapter 5 of Title 2.
(Mar. 16, 1985, D.C. Law 5-188, § 21, 32 DCR 919.)
Prior Codifications
1981 Ed., § 6-940.
Section References
This section is referenced in § 2-1226.40b.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter II-A - Anacostia River Clean Up and Protection Fertilizer Act › § 8–104.01. Short title

§ 8–104.01. Short title.
This subchapter may be cited as the “Anacostia River Clean Up and Protection Fertilizer Act of 2012”.
(Apr. 20, 2013, D.C. Law 19-262, § 201, 60 DCR 1300.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter II-A - Anacostia River Clean Up and Protection Fertilizer Act › § 8–104.02. Definitions

§ 8–104.02. Definitions.
For the purposes of this subchapter, the term:
(1) “Department” means the District Department of the Environment.
(2) “Enhanced efficiency fertilizer” means a fertilizer product with characteristics that allow increased plant uptake and reduces the potential of nutrient loss to the environment, such as gaseous loss, leaching, or runoff, when compared to an appropriate reference fertilizer product.
(3) “Fertilizer” means a material that contains one or more nutrients intended to promote plant growth.
(4) “Low phosphorus fertilizer” means a fertilizer containing no more than 5% of available phosphate (P2O5), and that has an application rate not to exceed 0.25 pound of available phosphate (P2O5)/1,000 square feet/application and 0.5 pound of available phosphate (P2O5)/1,000 square feet/year.
(5) “Organic fertilizer” means a material that:
(A) Is derived from either plant or animal products containing one or more elements that are essential for plant growth, other than carbon, hydrogen, and oxygen;
(B) May be subjected to biological degradation processes under normal conditions of aging, rainfall, sun-curing, air drying, composting, rotting, enzymatic, or anaerobic/aerobic bacterial action; and
(C) May not be mixed with synthetic materials or changed in a physical or chemical manner from their initial state, except by manipulation such as drying, cooking, chopping, grinding, shredding, hydrolysis, or pelleting.
(6) “Soil test” means a scientific measurement that determines the nutrient levels of soil.
(7) “Turf” means nonagricultural managed grasses, such as the grasses found at parks, recreation areas, golf courses, commercial locations, cemeteries, athletic fields, schools, universities, government grounds, residential lawns, and other similar nonagricultural managed grasses. The term “turf” does not include non-grass groundcovers, shrubs, trees, vegetable and flower gardens, and indoor applications such as greenhouses.
(8) “Waterbody” means a wetland, watercourse, river, stream, creek, storm water retention or detention basin, or other similar water resource.
(Apr. 20, 2013, D.C. Law 19-262, § 202, 60 DCR 1300.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter II-A - Anacostia River Clean Up and Protection Fertilizer Act › § 8–104.04. Fertilizer public education program

§ 8–104.04. Fertilizer public education program.
(a) Within 180 days of April 20, 2013, a retail establishment that sells fertilizer for turf shall prominently display information prepared by the Department that references:
(1) The requirements of this subchapter;
(2) The effects of fertilizers on local waterbodies;
(3) A warning not to apply fertilizer:
(A) Within a 15-foot buffer area from a waterbody or a 10-foot buffer if a drop spreader, rotary spreader with a deflector, or targeted spray liquid is used;
(B) When insufficient water is applied to the soil within 24 hours of application to immobilize the fertilizer and prevent fertilizer loss by runoff;
(C) When a heavy rainfall is occurring, soils are saturated, and the potential for fertilizer movement off-site exists;
(D) Before March 1st or after November 15th in any calendar year;
(E) When the ground is frozen; or
(F) In an amount consistent with an annual recommended rate established by the Department; and
(4) The proper use of lawn care products to reduce pollution in the Chesapeake Bay and its tributaries.
(b) The Department shall develop a program of public education that shall include the dissemination of information regarding nutrient pollution, soil testing, proper interpretation of fertilizer label instructions, and the proper use and calibration of fertilizer application equipment, best management practices for fertilizer use in the urban landscape, the requirements of this subchapter, and the effects of fertilizers on the Chesapeake Bay and its tributaries.
(Apr. 20, 2013, D.C. Law 19-262, § 204, 60 DCR 1300.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter II-A - Anacostia River Clean Up and Protection Fertilizer Act › § 8–104.05. Fertilizer labeling requirements

§ 8–104.05. Fertilizer labeling requirements.
(a) A fertilizer used on turf that is distributed or sold in the District shall include a legible label with at least the following information:
(1) The percentage of total nitrogen, including the percentage of other water soluble nitrogen and water insoluble nitrogen;
(2) The percentage of available phosphate;
(3) The percentage of soluble potash; and
(4)(A) The following statement:
“Do not apply near water, storm drains or drainage ditches. Do not apply if heavy rain is expected. Apply this product only to your lawn, and sweep any product that lands on the driveway, sidewalk, or street back onto your lawn.”; or
(B) The environmental hazard statement recommended by the U.S. Environmental Protection Agency for that product.
(b) The information required under subsection (a)(4) of this section shall be printed in a legible and conspicuous manner on at least one side of the container, or, if it does not appear on the face or display side of the container, it shall appear on the upper third of the side used.
(Apr. 20, 2013, D.C. Law 19-262, § 205, 60 DCR 1300.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter II-A - Anacostia River Clean Up and Protection Fertilizer Act › § 8–104.06. Penalties

§ 8–104.06. Penalties.
(a) A violation of this subchapter shall be a civil infraction for purposes of Chapter 18 of Title 2 [§ 2-1801.01 et seq.] (“Civil Infractions Act”). Civil fines, civil fines, penalties, and fees may be imposed as sanctions for any infraction of the provisions of this subchapter, or the rules issued under authority of this subchapter, pursuant to the Civil Infractions Act. Adjudication of any infractions shall be pursuant to the Civil Infractions Act.
(b) A person or retail establishment who violates this subchapter, or a rule or regulation adopted pursuant to this subchapter, shall be subject to the following penalties:
(1) Violations shall be a class 4 infraction under the schedule of fines in section 3201 of Title 16 of the District of Columbia Municipal Regulations (16 DCMR § 3201), pursuant to the Civil Infractions Act.
(2) In lieu of a penalty, the Mayor may issue a written warning notice that a violation has occurred.
(c) The Department may charge reasonable fees to cover costs associated with the implementation of this subchapter.
(d) Revenues collected pursuant to this subchapter shall be deposited in the Anacostia River Clean Up and Protection Fund, established in subchapter I-A of this title [§ 8-102.01 et seq.].
(Apr. 20, 2013, D.C. Law 19-262, § 206, 60 DCR 1300.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter II-A - Anacostia River Clean Up and Protection Fertilizer Act › § 8–104.07. Rules; enforcement

§ 8–104.07. Rules; enforcement.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of this subchapter.
(Apr. 20, 2013, D.C. Law 19-262, § 207, 60 DCR 1300.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter II-B - Anacostia River Toxics Remediation › § 8–104.31. Remediation of contaminated sediment in the Anacostia River

§ 8–104.31. Remediation of contaminated sediment in the Anacostia River.
By December 31, 2019, the Director of the District Department of the Environment shall adopt and publish a record of decision in the District of Columbia Register choosing the remedy for remediation of contaminated sediment in the Anacostia River. The remedial choice shall be based on the remedial investigation and feasibility study results and shall be consistent with the National Contingency Plan set forth in 40 C.F.R. Part 300 , and with section 121 of the Comprehensive Environmental Response Compensation and Liability Act, approved October 17, 1986 (100 Stat. 1672 ; 42 U.S.C. § 9621 ).
(Feb. 26, 2015, D.C. Law 20-155, § 6092, 61 DCR 9990; Oct. 30, 2018, D.C. Law 22-168, § 6082, 65 DCR 9388.)
Emergency Legislation
For temporary (90 days) amendment of this section, see § 2 of Anacostia River Toxics Remediation Emergency Amendment Act of 2019 (D.C. Act 23-182, Dec. 23, 2019, 67 DCR 5).
For temporary (90 days) amendment of this section, see § 2 of Anacostia River Toxics Remediation Congressional Review Emergency Amendment Act of 2018 (D.C. Act 22-459, Oct. 3, 2018, 65 DCR 11364).
For temporary (90 days) amendment of this section, see § 6082 of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).
For temporary (90 days) amendment of this section, see § 6082 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).
For temporary (90 days) amendment of this section, see § 2 of Anacostia River Toxics Remediation Emergency Amendment Act of 2018 (D.C. Act 22-388, June 22, 2018, 65 DCR 7011).
For temporary (90 days) addition of this section, see § 6102 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).
For temporary (90 days) addition of this section, see § 6092 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).
For temporary (90 days) addition of this section, see § 6092 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 2 of Anacostia River Toxics Remediation Temporary Amendment Act of 2019 (D.C. Law 23-58, Mar. 10, 2020, 67 DCR 564).
For temporary (225 days) amendment of this section, see § 2 of Anacostia River Toxics Remediation Temporary Amendment Act of 2018 (D.C. Law 22-170, Oct. 30, 2018, 65 DCR 9536).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter III - Wastewater Control › § 8–105.01. Purpose

§ 8–105.01. Purpose.
In enacting this subchapter, the Council of the District of Columbia supports the following statutory purposes and objectives:
(1) To provide for the maximum possible beneficial public use of the District’s wastewater system;
(2) To prevent the introduction of pollutants into the wastewater system which will interfere with the operation of the system or the use or disposal of sludge and residue;
(3) To prevent the introduction of pollutants into the wastewater system which will pass through the system inadequately treated and into receiving waters or into the atmosphere or will otherwise be incompatible with the system;
(4) To improve the opportunity to recycle and reclaim wastewater and sludge from the system;
(5) To prevent tampering or misuse of the wastewater system; and
(6) To provide procedures for complying with the requirements contained in this statute.
(Mar. 12, 1986, D.C. Law 6-95, § 2, 33 DCR 577.)
Prior Codifications
1981 Ed., § 6-951.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter III - Wastewater Control › § 8–105.04. Falsifying information

§ 8–105.04. Falsifying information.
Any person who knowingly makes any false statement, representation, or certification in any information or data submitted to, or required by, the District or WASA under this subchapter, or the rules and regulations promulgated pursuant to this subchapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method, upon conviction, shall be liable for the penalties provided in § 8-105.14.
(Mar. 12, 1986, D.C. Law 6-95, § 5, 33 DCR 577; Oct. 26, 2010, D.C. Law 18-256, § 2(c), 57 DCR 8082.)
Prior Codifications
1981 Ed., § 6-954.
Effect of Amendments
D.C. Law 18-256 substituted “the District or WASA” for “the District”.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter III - Wastewater Control › § 8–105.05. Tampering and misuse

§ 8–105.05. Tampering and misuse.
No person shall break, alter, damage, tamper with, or otherwise interfere with or impair the wastewater system.
(Mar. 12, 1986, D.C. Law 6-95, § 6, 33 DCR 577.)
Prior Codifications
1981 Ed., § 6-955.