reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter III - Wastewater Control › § 8–105.08. Inspection authority

§ 8–105.08. Inspection authority.
In order to determine compliance with this subchapter or any rule issued pursuant to this subchapter, WASA, a WASA authorized representative, and the Mayor shall have a right to enter upon or through any premises subject to this subchapter at reasonable times for the purpose of inspection, observation, measurement, sampling, and testing. The right to enter and inspect shall include the right to copy records related to compliance with this subchapter. Where a user has security measures in force which would require proper identification and clearance before entry, the user shall make necessary security arrangements so that, upon presentation of suitable identification, the Mayor or WASA will be permitted entry without delay.
(Mar. 12, 1986, D.C. Law 6-95, § 9, 33 DCR 577; May 8, 1998, D.C. Law 12-106, § 2(d), 45 DCR 1724; Oct. 26, 2010, D.C. Law 18-256, § 2(f), 57 DCR 8082.)
Prior Codifications
1981 Ed., § 6-958.
Effect of Amendments
D.C. Law 18-256 substituted “WASA, a WASA authorized representative, and the Mayor” for “WASA and the Mayor”.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter III - Wastewater Control › § 8–105.11. Injunction

§ 8–105.11. Injunction.
Notwithstanding any other provision of this subchapter, WASA may seek appropriate civil action to secure a temporary restraining order, a preliminary or permanent injunction, or declaratory or other appropriate relief to restrain, minimize, halt, or eliminate the violation of, or attempted violation of, any provision of this subchapter or its implementing rules.
(Mar. 12, 1986, D.C. Law 6-95, § 12, 33 DCR 577; Oct. 26, 2010, D.C. Law 18-256, § 2(i), 57 DCR 8082.)
Prior Codifications
1981 Ed., § 6-961.
Effect of Amendments
D.C. Law 18-256 substituted “WASA may seek” for “the Mayor may authorize”.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter III - Wastewater Control › § 8–105.12. Emergency suspension of service

§ 8–105.12. Emergency suspension of service.
(a)(1) In the event of an actual or threatened discharge to the District’s wastewater system which, in the sole discretion of WASA, reasonably appears to present an imminent danger to the health or welfare of persons, WASA may, after informal notice to the discharger, suspend water service to any user who is or may be responsible for the discharge as is necessary to avoid or abate the danger. WASA is not required to conduct a hearing before taking such action.
(2) In the event of an actual or threatened discharge to the District’s wastewater system which, in the sole discretion of WASA, reasonably appears to present an imminent danger to the environment or the operation or integrity of the District’s wastewater system, WASA may, after providing notice and an opportunity to respond to the user, suspend water service to any user who is or may be responsible for the discharge as is necessary to avoid or abate the danger.
(3) Any notice or opportunity to respond to which WASA is required under the United States Constitution to provide to a user as a result of any action taken by WASA pursuant to subsection (a)(1) or (2) of this section, is not required to be provided or conducted pursuant to subchapter I of Chapter 5 of Title 2.
(b) The services shall be restored by WASA as soon as practicable after the emergency situation has been corrected.
(c) WASA’s decision to suspend service may be appealed by filing a petition for an administrative hearing as set forth in § 8-105.10.
(d) An appeal of WASA’s decision shall not stay suspension of service.
(Mar. 12, 1986, D.C. Law 6-95, § 13, 33 DCR 577; May 8, 1998, D.C. Law 12-106, § 2(g), 45 DCR 1724; Apr. 12, 2000, D.C. Law 13-91, § 139(c), 47 DCR 520; Apr. 13, 2005, D.C. Law 15-354, § 19(b), 52 DCR 2638; Oct. 26, 2010, D.C. Law 18-256, § 2(j), 57 DCR 8082.)
Prior Codifications
1981 Ed., § 6-962.
Section References
This section is referenced in § 8-105.13.
Effect of Amendments
D.C. Law 13-91, in subsec. (d), substituted “WASA” for “the Mayor”.
D.C. Law 15-354, in subsec. (c), substituted “Office of Administrative Hearings” for “Board of Appeals and Review”.
D.C. Law 18-256 rewrote subsec. (c), which had read as follows: “(c) WASA’s decision to suspend service may be appealed to the Office of Administrative Hearings as set forth in § 8-105.10.”
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter III - Wastewater Control › § 8–105.14. Penalties

§ 8–105.14. Penalties.
(a) Any person who violates any provision of this subchapter or the rules issued pursuant to this subchapter shall be liable for a civil fine not exceeding $10,000 for each day during which each violation continues, and shall be required to perform any other action needed to correct any harm caused by any violation or to ensure that future violations do not occur. All prosecutions under this provision shall be in the Superior Court of the District of Columbia in the name of the District of Columbia, and shall be instituted by the Office of the Attorney General.
(b) Notwithstanding any other provision of this subchapter, any person who intentionally, willfully, or recklessly violates any provision of this subchapter or the rules issued pursuant to this subchapter shall be punished by a criminal fine not to exceed $10,000 for each day each violation continues, or imprisonment not to exceed one year for each day each violation continues, or both, and to perform any other action needed to correct any harm caused by any violation or to ensure that future violations do not occur. All prosecutions pursuant to this provision shall be in the Superior Court of the District of Columbia.
(c) Any person who violates any provision of this subchapter or the rules issued pursuant to this subchapter shall be liable to the District and WASA for all expenses, losses, or damages incurred by the District and WASA by reason of the violation.
(Mar. 12, 1986, D.C. Law 6-95, § 15, 33 DCR 577; May 8, 1998, D.C. Law 12-106, § 2(i), 45 DCR 1724; Oct. 26, 2010, D.C. Law 18-256, § 2(l), 57 DCR 8082.)
Prior Codifications
1981 Ed., § 6-964.
Section References
This section is referenced in § 8-105.04.
Effect of Amendments
D.C. Law 18-256, in subsec. (a), substituted “Office of the Attorney General” for “Corporation Counsel”; and, in subsec. (c), substituted “the District and 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 › § 8–105.15. Authority to issue regulations

§ 8–105.15. Authority to issue regulations.
The Board of Directors of WASA is authorized to issue regulations consistent with the authority granted to it by this subchapter, in order to implement the provisions of this subchapter.
(Mar. 12, 1986, D.C. Law 6-95, § 16; as added May 8, 1998, D.C. Law 12-106, § 2(j), 45 DCR 1724.)
Prior Codifications
1981 Ed., § 6-965.
Section References
This section is referenced in § 8-105.02.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter III-A - Bloomingdale and LeDroit Park Backwater Valves. [Expired] › § 8–105.51. Definitions. [Expired]

§ 8–105.51. Definitions. [Expired]
[Expired].
(Apr. 27, 2013, D.C. Law 19-292, § 2, 60 DCR 2354.)
Editor's Notes
Section 8 of D.C. Law 19-292 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.
Section 9 of D.C. Law 19-292 provided that the act shall expire on September 30, 2014.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter III-A - Bloomingdale and LeDroit Park Backwater Valves. [Expired] › § 8–105.52. Backwater valve program. [Expired]

§ 8–105.52. Backwater valve program. [Expired]
[Expired].
(Apr. 27, 2013, D.C. Law 19-292, § 3, 60 DCR 2354.)
Editor's Notes
Section 8 of D.C. Law 19-292 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.
Section 9 of D.C. Law 19-292 provided that the act shall expire on September 30, 2014.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter III-A - Bloomingdale and LeDroit Park Backwater Valves. [Expired] › § 8–105.53. Appeals. [Expired]

§ 8–105.53. Appeals. [Expired]
[Expired].
(Apr. 27, 2013, D.C. Law 19-292, § 4, 60 DCR 2354.)
Editor's Notes
Section 8 of D.C. Law 19-292 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.
Section 9 of D.C. Law 19-292 provided that the act shall expire on September 30, 2014.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter III-A - Bloomingdale and LeDroit Park Backwater Valves. [Expired] › § 8–105.54. Stormwater and sewage cleanup plan. [Expired]

§ 8–105.54. Stormwater and sewage cleanup plan. [Expired]
[Expired].
(Apr. 27, 2013, D.C. Law 19-292, § 5, 60 DCR 2354.)
Editor's Notes
Section 8 of D.C. Law 19-292 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.
Section 9 of D.C. Law 19-292 provided that the act shall expire on September 30, 2014.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter III-A - Bloomingdale and LeDroit Park Backwater Valves. [Expired] › § 8–105.55. Sandbag analysis and distribution. [Expired]

§ 8–105.55. Sandbag analysis and distribution. [Expired]
[Expired].
(Apr. 27, 2013, D.C. Law 19-292, § 6, 60 DCR 2354.)
Editor's Notes
Section 8 of D.C. Law 19-292 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.
Section 9 of D.C. Law 19-292 provided that the act shall expire on September 30, 2014.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter III-A - Bloomingdale and LeDroit Park Backwater Valves. [Expired] › § 8–105.56. Analysis of Rhode Island Avenue. [Expired]

§ 8–105.56. Analysis of Rhode Island Avenue. [Expired]
[Expired].
(Apr. 27, 2013, D.C. Law 19-292, § 7, 60 DCR 2354.)
Editor's Notes
Section 8 of D.C. Law 19-292 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.
Section 9 of D.C. Law 19-292 provided that the act shall expire on September 30, 2014.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter III-A - Bloomingdale and LeDroit Park Backwater Valves. [Expired] › § 8–105.57. Applicability. [Expired]

§ 8–105.57. Applicability. [Expired]
[Expired].
(Apr. 27, 2013, D.C. Law 19-292, § 8, 60 DCR 2354.)
Editor's Notes
Section 8 of D.C. Law 19-292 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.
Section 9 of D.C. Law 19-292 provided that the act shall expire on September 30, 2014.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter III-A - Bloomingdale and LeDroit Park Backwater Valves. [Expired] › § 8–105.58. Sunset. [Expired]

§ 8–105.58. Sunset. [Expired]
[Expired].
(Apr. 27, 2013, D.C. Law 19-292, § 9, 60 DCR 2354.)
Editor's Notes
Section 8 of D.C. Law 19-292 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.
Section 9 of D.C. Law 19-292 provided that the act shall expire on September 30, 2014.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter III-B - District of Columbia Flood Assistance Fund › § 8–105.71. Definitions. [Expired]

§ 8–105.71. Definitions. [Expired]
Expired.
(Apr. 27, 2013, D.C. Law 19-293, § 2, 60 DCR 2613.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter III-B - District of Columbia Flood Assistance Fund › § 8–105.72. Flood Assistance Fund Program. [Expired]

§ 8–105.72. Flood Assistance Fund Program. [Expired]
Expired.
(Apr. 27, 2013, D.C. Law 19-293, § 3, 60 DCR 2613.)
Section References
This section is referenced in § 8-105.71 and § 8-105.73.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter III-B - District of Columbia Flood Assistance Fund › § 8–105.73. District of Columbia Flood Assistance Fund. [Expired]

§ 8–105.73. District of Columbia Flood Assistance Fund. [Expired]
Expired.
(Apr. 27, 2013, D.C. Law 19-293, § 4, 60 DCR 2613.)
Section References
This section is referenced in § 8-105.71 and § 8-105.72.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter III-B - District of Columbia Flood Assistance Fund › § 8–105.74. Applicability. [Repealed]

§ 8–105.74. Applicability. [Repealed]
Repealed.
(Apr. 27, 2013, D.C. Law 19-293, § 5, 60 DCR 2613; Dec. 24, 2013, D.C. Law 20-61, § 7013, 60 DCR 12472.)
Emergency Legislation
For temporary repeal of section, see § 5 of the Fiscal Year 2013 Revised Budget Request Emergency Adjustment Act of 2013 (D.C. Act 20-74, May 23, 2013, 60 DCR 7592).
For temporary repeal of section, see § 7013 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384).
For temporary (90 days) repeal of this section, see § 5 of the Fiscal Year 2013 Revised Budget Request Emergency Adjustment Act of 2013 (D.C. Act 20-74, May 23, 2013, 60 DCR 7592, 20 DCSTAT 1424).
For temporary repeal of this section, see § 7013 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).
For temporary repeal of this section, see § 7013 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).
Temporary Legislation
For temporary (225 days) repeal of this section, see § 5 of the Fiscal Year 2013 Revised Budget Request Temporary Adjustment Act of 2013 (D.C. Law 20-14, September 19, 2013, 60 DCR 9554, 20 DCSTAT 1764).
Short Title
Section 7001 of D.C. Law 20-61 provided that Subtitle A of Title VII of the act may be cited as the “Subject to Appropriations Repealers Amendment Act of 2013”.
Editor's Notes
Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter III-B - District of Columbia Flood Assistance Fund › § 8–105.75. Sunset

§ 8–105.75. Sunset.
This subchapter shall expire on September 30, 2014.
(Apr. 27, 2013, D.C. Law 19-293, § 6, 60 DCR 2613.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter IV - Restrictions on Phosphate Cleaners › § 8–107.01. Definitions

§ 8–107.01. Definitions.
For the purposes of this subchapter, the term:
(1) “Cleaning agent” means soaps and detergents used for domestic or commercial cleaning purposes, including the purposes of cleaning fabrics, dishes, eating and cooking utensils, homes, or commercial premises, but the term does not include cosmetics and personal hygiene products like toothpaste, shampoo, and hand soap.
(2) “Trace quantity of phosphorus” means the portion of a cleaning agent, not more than 0.5% of the weight of the cleaning agent, that constitutes all of the phosphorus in the cleaning agent.
(Mar. 25, 1986, D.C. Law 6-98, § 2, 33 DCR 723.)
Prior Codifications
1981 Ed., § 6-971.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter IV - Restrictions on Phosphate Cleaners › § 8–107.03. Seller’s burden in civil action

§ 8–107.03. Seller’s burden in civil action.
Concerning a civil action against the seller for injuries resulting from violations of this subchapter, a seller has the burden of proving that the cleaning agent complies with § 8-107.02.
(Mar. 25, 1986, D.C. Law 6-98, § 4, 33 DCR 723; Feb. 24, 1987, D.C. Law 6-192, § 6, 33 DCR 7836.)
Prior Codifications
1981 Ed., § 6-973.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter IV - Restrictions on Phosphate Cleaners › § 8–107.04. Criminal prosecutions; penalties for violations of subchapter

§ 8–107.04. Criminal prosecutions; penalties for violations of subchapter.
(a) If the Mayor determines that a cleaning agent does not comply with § 8-107.02(a) or (b) and has not been exempted according to § 8-107.02(e), then the Mayor shall bring an action for criminal violation of this subchapter in the Superior Court of the District of Columbia.
(b) A person who uses a cleaning agent in violation of this subchapter shall be fined no more than $15.
(c) A person who offers for sale at retail or furnishes a cleaning agent in violation of this subchapter shall be subject to a fine, upon conviction, not to exceed $500 for the 1st offense and a fine not to exceed $1,000 for the second and subsequent offenses.
(d) The Mayor may seize any cleaning agent held for sale in violation of this subchapter. Cleaning agents seized under this subsection shall be forfeited to the District of Columbia.
(e) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this subchapter, or any rules or regulations issued under the authority of this subchapter, pursuant to Chapter 18 of Title 2. Adjudication of any infraction of this subchapter shall be pursuant to Chapter 18 of Title 2.
(Mar. 25, 1986, D.C. Law 6-98, § 5, 33 DCR 723; Mar. 8, 1991, D.C. Law 8-237, § 17, 38 DCR 314.)
Prior Codifications
1981 Ed., § 6-974.
Delegation of Authority
Delegation of authority pursuant to Law 6-98, see Mayor’s Order 87-48, February 17, 1987.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter IV-A - Restrictions on Bisphenol-A, Polybrominated Diphenyl Ethers, and Perchloroethylene › § 8–108.01. Restrictions on bisphenol-A

§ 8–108.01. Restrictions on bisphenol-A.
(a) Except as provided in subsection (b) of this section, no individual or legal entity shall manufacture, sell, offer for sale, or distribute in commerce any empty bottle, cup, or other container that:
(1) Contains bisphenol-A; and
(2) Is designed or intended by the manufacturer to be filled with food or liquid for consumption by a child under the age of 4.
(b) Facilities licensed to provide medical care may use Food and Drug Administration-approved, medically essential products containing bisphenol-A if a suitable alternative is unavailable.
(Mar. 31, 2011, D.C. Law 18-336, § 2, 58 DCR 605.)
Editor's Notes
Section 8 of D.C. Law 18-336 provided: “Sec. 8. Applicability. This act shall apply as of July 1, 2011.”
Delegation of Authority
Delegation of Authority under D.C. Law 18-336, to the Director of the District Department of the Environment under the Human and Environmental Health Protection Act of 2010, see Mayor’s Order 2011-153, September 7, 2011 ( 58 DCR 8091).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter IV-A - Restrictions on Bisphenol-A, Polybrominated Diphenyl Ethers, and Perchloroethylene › § 8–108.02b. Replacement of regulated flame retardants

§ 8–108.02b. Replacement of regulated flame retardants.
A manufacturer shall not replace the penta or octa mixtures of polybrominated diphenyl ethers, the deca mixture of polybrominated diphenyl ethers, Tris(1,3-dichloro-2-propyl) phosphate (chemical abstract service number 13674-87-8), or Tris(2-chloroethyl) phosphate (chemical abstract service number 115-1496-8) in a product prohibited in this subchapter with a chemical that is:
(1) Classified as "known to be a human carcinogen" or "reasonably anticipated to be a human carcinogen" in the most recent report on carcinogens by the National Toxicology Program in the U.S. Department of Health and Human Services;
(2) Classified as "carcinogenic to humans" or "likely to be carcinogenic to humans" in the U.S. Environmental Protection Agency’s most recent list of chemicals evaluated for carcinogenic potential; or
(3) Identified by the U.S. Environmental Protection Agency or the National Institutes of Health as causing birth defects, hormone disruption, neurotoxicity, or harm to reproduction or development.
(Mar. 31, 2011, D.C. Law 18-336, § 3b; as added May 12, 2016, D.C. Law 21-108, § 2(a), 63 DCR 4315.)
Applicability
Section 7012 of D.C. Law 22-33 repealed § 3 of D.C. Law 21-108. Therefore the creation of this section by D.C. Law 21-108 has been implemented.
Applicability of D.C. Law 21-108: Section 3 of D.C. Law 21-108 provided (a) that the act shall apply upon the date of inclusions of its fiscal effect in an approved budget and financial plan; (b) that the Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification; and (c) that the Budget Director shall cause the notice of the certification to be published in the District of Columbia Register and that the date of publication of the notice of the certification shall not affect the applicability of the act.
Emergency Legislation
For temporary (90 days) repeal of § 3 of D.C. Law 21-108, see § 7012 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).
For temporary (90 days) repeal of § 3 of D.C. Law 21-108, see § 7012 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter IV-A - Restrictions on Bisphenol-A, Polybrominated Diphenyl Ethers, and Perchloroethylene › § 8–108.03. Restrictions on the use of perchloroethylene and n-propyl bromide in dry cleaning

§ 8–108.03. Restrictions on the use of perchloroethylene and n-propyl bromide in dry cleaning.
(a) After January 1, 2014, no person or legal entity shall install a machine designed to use perchloroethylene or n-propyl bromide as a cleaning agent for clothes or other fabrics.
(b) After January 1, 2029, no person or legal entity shall use perchloroethylene or n-propyl bromide as a cleaning agent for clothes or other fabrics.
(c) For the purposes of this section, the term a “child-occupied facility” means a building, or portion of a building, which, as part of its function, receives children under 6 years of age on a regular basis and is required to obtain a certificate of occupancy as a precondition to performing that function. The term “child-occupied facility” includes a daycare center, nursery, preschool center, kindergarten classroom, child development center, child development home, child development facility, child-placing agency, infant care center, or similar entity. The location of a child-occupied facility as part of a larger structure does not make the entire structure a child-occupied facility. Only the portion of the facility occupied or regularly visited by children 6 years of age shall be considered the Child-occupied facility.
(d) Beginning 12 months after April 20, 2013:
(1) A dry cleaning establishment shall use perchloroethylene or n-propyl bromide as a cleaning agent for clothes or other fabrics only after obtaining a source category permit from the District Department of the Environment in accordance with Chapter 2 of Title 20 of the District of Columbia Municipal Regulations (20 DCMR § 200 et seq.).
(2) No permit shall be issued to a dry cleaning establishment to use perchloroethlyene or n-propyl bromide as a cleaning agent for clothes or other fabrics that is located within 200 feet of an existing child-occupied facility. The 200-foot restriction shall not apply at a location where a dry cleaning establishment has used perchloroethylene or n-propyl bromide within 90 days before April 20, 2013.
(Mar. 31, 2011, D.C. Law 18-336, § 4, 58 DCR 605; Apr. 20, 2013, D.C. Law 19-262, § 302, 60 DCR 1300.)
Effect of Amendments
The 2013 amendment by D.C. Law 19-262 rewrote the section heading, which formerly read: “Phase out of perchloroethylene in dry cleaning”; substituted “perchloroethylene or n-propyl bromide” for “perchloroethylene” in (a) and (b); and added (c) and (d).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter IV-A - Restrictions on Bisphenol-A, Polybrominated Diphenyl Ethers, and Perchloroethylene › § 8–108.04. Penalties

§ 8–108.04. 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 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 Chapter 18 of Title 2 [§ 2-1801.01 et seq.]. Adjudication of any infractions shall be pursuant to Chapter 18 of Title 2 [§  2-1801.01 et seq.]. This section shall not limit the enforcement of subchapter IV of this chapter [§ 8-107.02].
(b) Pursuant to § 8-108.05, the Mayor shall issue rules to implement the provisions of this section 90 days after March 31, 2011.
(Mar. 31, 2011, D.C. Law 18-336, § 5, 58 DCR 605.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter IV-A - Restrictions on Bisphenol-A, Polybrominated Diphenyl Ethers, and Perchloroethylene › § 8–108.04a. Certificate of compliance

§ 8–108.04a. Certificate of compliance.
(a) The Mayor may request a manufacturer of products subject to this subchapter and sold, offered for sale, or distributed for sale in the District to provide a certificate demonstrating compliance with this subchapter with respect to those products.
(b) Within 45 days of a request for a certificate of compliance, a manufacturer shall:
(1) Provide the Mayor with a certificate declaring that its products comply with the requirements of this subchapter; or
(2) Notify persons or entities located in the District that sell, offer for sale, or distribute a product made by the manufacturer that the product does not comply with this subchapter and that the sale, offer for sale, and distribution of the product is prohibited, and submit to the Mayor a list of the names and addresses of those notified.
(Mar. 31, 2011, D.C. Law 18-336, § 5a; as added May 12, 2016, D.C. Law 21-108, § 2(b), 63 DCR 4315.)
Applicability
Section 7012 of D.C. Law 22-33 repealed § 3 of D.C. Law 21-108. Therefore the creation of this section by D.C. Law 21-108 has been implemented.
Applicability of D.C. Law 21-108: Section 3 of D.C. Law 21-108 provided (a) that the act shall apply upon the date of inclusions of its fiscal effect in an approved budget and financial plan; (b) that the Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification; and (c) that the Budget Director shall cause the notice of the certification to be published in the District of Columbia Register and that the date of publication of the notice of the certification shall not affect the applicability of the act.
Emergency Legislation
For temporary (90 days) repeal of § 3 of D.C. Law 21-108, see § 7012 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).
For temporary (90 days) repeal of § 3 of D.C. Law 21-108, see § 7012 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter IV-A - Restrictions on Bisphenol-A, Polybrominated Diphenyl Ethers, and Perchloroethylene › § 8–108.05. Rules

§ 8–108.05. Rules.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules to implement the provisions of this subchapter.
(Mar. 31, 2011, D.C. Law 18-336, § 6, 58 DCR 605.)
Section References
This section is referenced in § 8-108.04.
Cross References
Public utilities, environmental impact statement requirements, see § 34-2601.
Environmental Quality Improvement Act of 1970, see 42 U.S.C. § 4321 et seq.
National Environmental Policy Act of 1969, see 42 U.S.C. § 4371 et seq.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter V - Environmental Impact Statements › § 8–109.01. Purpose

§ 8–109.01. Purpose.
The purpose of this subchapter is to promote the health, safety and welfare of District of Columbia (“District”) residents, to afford the fullest possible preservation and protection of the environment through a requirement that the environmental impact of proposed District government and privately initiated actions be examined before implementation and to require the Mayor, board, commission, or authority to substitute or require an applicant to substitute an alternative action or mitigating measures for a proposed action, if the alternative action or mitigating measures will accomplish the same purposes as the proposed action with minimized or no adverse environmental effects.
(Oct. 18, 1989, D.C. Law 8-36, § 2, 36 DCR 5741.)
Prior Codifications
1981 Ed., § 6-981.
Emergency Legislation
For temporary amendment of section, see § 12 of the Solid Waste Facility Permit Emergency Act of 1995 (D.C. Act 11-144, October 23, 1995, 42 DCR 6044).
Delegation of Authority
Delegation of authority pursuant to D.C. Law 8-36, see Mayor’s Order 92-151, December 1, 1992.
Delegation of authority pursuant to D.C. Law 8-116, the “Asbestos Licensing and Control Act of 1990”, see Mayor’s Order 98-51, April 15, 1998 ( 45 DCR 2697).
Delegation of authority pursuant to D.C. Law 8-36, the “District of Columbia Environmental Policy Act of 1989”, see Mayor’s Order 98-86, May 29, 1998 ( 45 DCR 3980).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter V - Environmental Impact Statements › § 8–109.02. Definitions

§ 8–109.02. Definitions.
For the purposes of this subchapter, the term:
(1) “Action” means (A) a new project or activity directly undertaken by the Mayor or a board, commission, or authority of the District government or (B) a project or activity that involves the issuance of a lease, permit, license, certificate, other entitlement, or permission to act by an agency of the District government.
(2) “Major action” means any action that costs over $1,000,000 and that may have a significant impact on the environment, except that, subject to the exemptions in § 8-109.06, the Mayor, pursuant to rules issued in accordance with § 8-109.09, shall classify any action that costs less than $1,000,000 as a major action, if the action imminently and substantially affects the public health, safety, or welfare. The cost level of $1,000,000 shall be based on 1989 dollars adjusted annually according to the Consumer Price Index.
(3) “Environment” means the physical conditions that will be affected by a proposed action, including but not limited to, the land, air, water, minerals, flora and fauna.
(4) “Hazardous substance” means any solid, liquid, gaseous, or semisolid form or combination that, because of its nature, concentration, physical, chemical, or infectious characteristic, as established by the Mayor, may:
(A) Cause or significantly contribute to an increase in mortality or an increase in a serious, irreversible or incapacitating reversible illness; or
(B) Pose a substantial hazard to human health or the environment if improperly treated, stored, transported, disposed of, or otherwise managed, including substances that are toxic, carcinogenic, flammable, irritants, strong sensitizers, or that generate pressure through decomposition, heat, or other means and containers and receptacles previously used in the transportation, storage, use, or application of hazardous substances.
(5) “Lead agency” means the District agency designated by the Mayor to have primary responsibility for the preparation of an Environmental Impact Statement (“EIS”).
(6) “Functional equivalent” means the full and adequate description and analysis of the environmental impact of a proposed action by an agency, board, commission, or authority of the District government that examines or imposes environmental controls under procedures that provide for notice, opportunity for public comment, and the creation of a reviewable record.
(Oct. 18, 1989, D.C. Law 8-36, § 3, 36 DCR 5741.)
Prior Codifications
1981 Ed., § 6-982.
Section References
This section is referenced in § 8-151.03 and § 8-1051.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter V - Environmental Impact Statements › § 8–109.04. Adverse impact findings

§ 8–109.04. Adverse impact findings.
If the EIS identifies an adverse effect from a proposed major action and contains a finding that the public health, safety, or welfare is imminently and substantially endangered by the action, the Mayor, board, commission, or authority of the District government shall disapprove the action, unless the applicant proposes mitigating measures or substitutes a reasonable alternative to avoid the danger.
(Oct. 18, 1989, D.C. Law 8-36, § 5, 36 DCR 5741.)
Prior Codifications
1981 Ed., § 6-984.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter V - Environmental Impact Statements › § 8–109.05. Supplemental EIS

§ 8–109.05. Supplemental EIS.
(a) The Mayor, or a board, commission, authority, or person shall prepare a supplemental EIS if:
(1) The agency or applicant makes or proposes a substantial change in the proposed action that is relevant to environmental concerns; or
(2) There are significant new circumstances or information relevant to environmental concerns that affect the proposed action or the impact of the proposed action.
(b) The supplemental EIS shall be prepared, transmitted, and funded in accordance with the requirements of § 8-109.03.
(Oct. 18, 1989, D.C. Law 8-36, § 6, 36 DCR 5741.)
Prior Codifications
1981 Ed., § 6-985.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter V - Environmental Impact Statements › § 8–109.06. Exemptions

§ 8–109.06. Exemptions.
(a) No EIS shall be required by this subchapter with respect to an action:
(1) For which an EIS has been prepared in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. § 4321 et seq.) (“NEPA”), and its implementing regulations, or a determination has been made under NEPA and its implementing regulations that no impact statement is required due to a finding of no significant impact or a finding that the proposed action is categorically excluded from consideration;
(2) For which a request has been made for the authorization or allocation of funds for a project that involves only a feasibility or planning study for a possible future action that has not been approved, adopted, or funded. The study, however, shall include consideration of environmental factors;
(3) Whose impact on the environment has been considered in the functional equivalent of an EIS;
(4) That has reached a critical stage of completion prior to October 18, 1989 and the cost of altering or abandoning the action for environmental reasons outweighs the benefits derived from the action;
(5) Of an environmentally protective regulatory nature;
(6) Exempted by rules approved pursuant to § 8-109.09(a);
(7) Within the Central Employment Area as defined in the Zoning Regulations of the District of Columbia;
(8) For which a lease, permit, certificate, or any other entitlement or permission to act by a District government agency has been approved before December 31, 1989; or
(9) Granting an interim operating permit to an existing solid waste facility pursuant to § 8-1053.
(b) The Mayor or a board, commission, authority, or person shall prepare a supplemental EIS for any action exempted pursuant to subsection (a)(1) or (a)(3) of this section, if a substantial and relevant question remains with regard to the impact of the action on the environment that would otherwise be addressed in an EIS prepared in accordance with this subchapter.
(Oct. 18, 1989, D.C. Law 8-36, § 7, 36 DCR 5741; Feb. 27, 1996, D.C. Law 11-94, § 12, 42 DCR 7172; Apr. 9, 1997, D.C. Law 11-255, § 13, 44 DCR 1271.)
Prior Codifications
1981 Ed., § 6-986.
Section References
This section is referenced in § 8-109.02.
Emergency Legislation
For temporary amendment of section, see § 12 of the Solid Waste Facility Permit Emergency Act of 1994 (D.C. Act 10-384, December 28, 1994, 42 DCR 45).
Temporary Legislation
For temporary (225 day) amendment of section, see § 12 of Solid Waste Facility Permit Temporary Act of 1994 (D.C. Law 10-251, March 23, 1995, law notification 42 DCR 1650).
For temporary (225 day) amendment of section, see § 12 of Solid Waste Facility Permit Temporary Act of 1995 (D.C. Law 11-80, February 6, 1996, law notification 43 DCR 776).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter V - Environmental Impact Statements › § 8–109.07. Lead agencies; files

§ 8–109.07. Lead agencies; files.
(a) The Mayor shall designate a lead agency to prepare an EIS or supplemental EIS when the preparation of the EIS requires the input of more than 1 agency. The lead agency shall, if necessary, oversee the preparation of a single, omnibus EIS, ensure reasoned consideration of and distinction among any inconsistent conclusions, and promote coordination with public and private organizations and individuals with a special expertise or recognized interest.
(b) The Mayor shall maintain a file of all EIS’s and supplemental EIS’s for public review.
(Oct. 18, 1989, D.C. Law 8-36, § 8, 36 DCR 5741.)
Prior Codifications
1981 Ed., § 6-987.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter V - Environmental Impact Statements › § 8–109.08. Judicial review

§ 8–109.08. Judicial review.
Where an EIS is prepared in connection with the issuance or approval of a lease, permit, license, certificate, or any other entitlement or permission to act by a District government agency that is subject to administrative or judicial review under applicable laws or regulations, the administrative or judicial review shall be governed by the applicable laws and regulations.
(Oct. 18, 1989, D.C. Law 8-36, § 9, 36 DCR 5741.)
Prior Codifications
1981 Ed., § 6-988.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter V - Environmental Impact Statements › § 8–109.09. Rules

§ 8–109.09. Rules.
(a) Within 180 days of October 18, 1989, the Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue proposed rules to implement the provisions of this subchapter, including rules that establish categorical exemptions for major actions that would have no significant impact on the environment. 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.
(b) The District Department of the Environment shall issue rules to assist District agencies in the review of an environmental impact screening form and in the preparation of an EIS, pursuant to subchapter I of Chapter 5 of Title 2.
(Oct. 18, 1989, D.C. Law 8-36, § 10, 36 DCR 5741; Sept. 24, 2010, D.C. Law 18-223, § 6062(a), 57 DCR 6242.)
Prior Codifications
1981 Ed., § 6-989.
Section References
This section is referenced in § 8-109.02, § 8-109.03, and § 8-109.06.
Effect of Amendments
D.C. Law 18-223 rewrote subsec. (b), which had read as follows: “(b) Within 180 days of October 18, 1989, the Department of Consumer and Regulatory Affairs shall issue rules to assist District agencies in the preparation of an EIS, pursuant to subchapter I of Chapter 5 of Title 2.”
Emergency Legislation
For temporary (90 day) amendment of section, see § 6062(a) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
Short Title
Short title: Section 6061 of D.C. Law 18-223 provided that subtitle G of title VI of the act may be cited as the “Environmental Impact Screening Forms and Environmental Impact Statements Amendment Act of 2010”.
Editor's Notes
Approval and disapproval of proposed Environmental Policy Act rules: Pursuant to Resolution 8-314, the “District of Columbia Environmental Policy Act of 1989 Proposed Rulemaking Approval & Disapproval Resolution of 1990,” effective December 21, 1990, the Council approved, in part, and disapproved, in part, the proposed rules to implement the District of Columbia Environmental Policy Act of 1989.
District of Columbia Environmental Policy Act Proposed Rulemaking Approval Resolution of 1994: Pursuant to Proposed Resolution 11-25, deemed approved February 18, 1995, Council approved the proposed rulemaking adopting Chapter 72 (Environmental Policy Act Regulations) of Title 20, DCMR, issued pursuant to the “District of Columbia Environmental Policy Act of 1989.”
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter V - Environmental Impact Statements › § 8–109.10. Construction

§ 8–109.10. Construction.
Nothing in this subchapter shall be construed to supercede the requirements of District government zoning statutes and regulations or federal and District government environmental statutes or regulations.
(Oct. 18, 1989, D.C. Law 8-36, § 11, 36 DCR 5741.)
Prior Codifications
1981 Ed., § 6-990.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter V - Environmental Impact Statements › § 8–109.11. Required Environmental Impact Statements

§ 8–109.11. Required Environmental Impact Statements.
Notwithstanding any other provision of this subchapter, a full EIS shall be required for the construction of any new solid waste facility or the substantial modification of an existing structure presently used as, or intended to be used as, a solid waste facility, as the term “solid waste facility” is defined in Chapter 10 of Title 8, regardless of the cost of construction or modification.
(Oct. 18, 1989, D.C. Law 8-36, § 11a; as added Apr. 29, 1998, D.C. Law 12-86, § 802, 45 DCR 1172.)
Prior Codifications
1981 Ed., § 6-990.1.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter V - Environmental Impact Statements › § 8–109.12. Fees

§ 8–109.12. Fees.
Whenever the Mayor reviews an environmental impact screening form or prepares, or causes to be prepared, an EIS or supplemental EIS under this subchapter, the Mayor may impose a fee on the applicant to compensate the Mayor for the costs of reviewing the environmental impact screening form or preparing the EIS or supplemental EIS.
(Oct. 18, 1989, D.C. Law 8-36, § 11b; as added Sept. 24, 2010, D.C. Law 18-223, § 6062(b), 57 DCR 6242.)
Cross References
Asbestos workers, scope of practice, see § 47-2853.51.
Emergency Legislation
For temporary (90 day) addition of section, see § 6062(b) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter VI - Asbestos Licensing and Control › § 8–111.01. Definitions

§ 8–111.01. Definitions.
For purposes of this subchapter, the term:
(1) “Asbestos” means any material that contains more than 1% by weight of an asbestiform variety of serpentinite or chrysotile, riebackite or crocidolite, cummingtanite, grunerite, anthophyllite, or tremolite.
(2) “Asbestos abatement” means the removal, encapsulation, enclosure, disposal, or transportation of asbestos or material that contains asbestos.
(3) “Business entity” means a partnership, firm, association, corporation, or sole proprietorship that is engaged in asbestos abatement.
(4) “Asbestos worker” means a person who is engaged in asbestos abatement.
(5) “Demolition” means to wreck or remove a load-supporting structural member of a facility or handling operation.
(6) “Encapsulate” means to coat, bind, or resurface a wall, ceiling, pipe, or other structure to prevent friable asbestos or material that contains asbestos from becoming airborne.
(7) “Friable asbestos material” means any material that can be crumbled, pulverized, reduced to powder by hand pressure, or that emits or can be expected to emit fibers into the air under normal use or maintenance.
(8) “Mayor” means the Mayor of the District of Columbia.
(9) “Person” means an individual or nonbusiness entity, including a District of Columbia (“District”) government employee.
(10) “Structural member” means a load-supporting member, including a beam or load-supporting wall, or any non-supporting member, including a ceiling or nonload-supporting wall.
(May 1, 1990, D.C. Law 8-116, § 2, 37 DCR 1641.)
Prior Codifications
1981 Ed., § 6-991.1.
Delegation of Authority
Delegation of authority pursuant to D.C. Law 8-116, the “Asbestos Licensing and Control Act of 1990”, see Mayor’s Order 98-51, April 15, 1998 ( 45 DCR 2697).
Delegation of authority under D.C. Act 8-116, the District of Columbia Asbestos Licensing and Control Act of 1990, see Mayor’s Order 92-152, December 1, 1992.