2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 10A - Solid Waste Reduction and Recovery › § 8–1031.03. Mandatory source separation

§ 8–1031.03. Mandatory source separation.
(a)(1) Solid waste in the District shall be separated at the point of discard into the following categories:
(A) Recyclable materials;
(B) Compostable materials; and
(C) Trash.
(2) Paragraph (1)(B) of this subsection shall apply upon the Mayor's implementation of a compost collection program; provided, that the Mayor may require that private collection properties or subcategories of private collection properties separate compostable materials before the implementation of a compost collection program.
(b) The Mayor shall make public a list of recyclable materials, and, upon the implementation of a compost collection program established by the Mayor, compostable materials. The Mayor shall review the list on a biannual basis to determine whether additional materials should be added or removed.
(c)(1) By January 1, 2016, the Mayor shall submit a report to the Secretary of the Council regarding the feasibility of and progress made toward implementing a compost collection program.
(2) By January 1, 2023, the Mayor shall submit to the Council a comprehensive Organics Management Plan that describes how the District will manage residential and commercial compostable materials. Before submitting the Plan to the Council, the Mayor shall provide an opportunity for public review and comment on the proposed Plan. The Organics Management Plan shall include:
(A) A list of locations where the District's compostable materials will be processed, comprising regional organic waste processing facilities and on-site organic waste processing systems distributed throughout the District, and any policy changes that need to be implemented to support the identified processing capacity;
(B) Plans for rolling out a compost collection program, including specific timelines and associated costs;
(C) Plans for meeting the source separation requirements for compostable materials at private collection properties, upon the implementation of a compost collection program, as described in subsection (a)(2) of this section;
(D) Goals for organics waste diversion over the first 10 years of the Organics Management Plan, and an explanation of how these goals will be met; and
(E) A description of the public education, outreach, and technical assistance associated with implementing the Organics Management Plan.
(d) Not Funded.
(e)(1) By January 1, 2023, the Mayor shall submit to the Council a plan for how to provide recycling infrastructure in the public space. The plan shall make recycling available as appropriate with public litter containers, and require businesses providing public litter containers to provide recycling containers, unless justified to the Mayor as physically infeasible. The plan shall include a uniform color, design, and labeling scheme for waste containers in the public space.
(2) In preparing the plan required by this subsection, the Mayor shall analyze the District's existing public space recycling infrastructure, using waste and recycling sorts to determine contamination rates, research best practices from the District and other jurisdictions, and provide an opportunity for public review and comment.
(f)(1) By January 1, 2022, the Mayor shall develop a training and outreach program on proper source separation and waste reduction for janitorial staff and property managers at private collection properties, including District facilities and agencies, multifamily properties, and commercial properties.
(2) The training and outreach program shall be updated at least every 5 years and upon the addition of a new source separation requirement.
(3) In creating, updating, and disseminating the training and outreach program, the Mayor shall, at least 4 times a year, consult with waste collectors, waste management brokers, and property managers.
(g) Not Funded.
(Feb. 26, 2015, D.C. Law 20-154, § 103, 61 DCR 9971; Mar. 16, 2021, D.C. Law 23-211, § 2(b), 68 DCR 00068; Mar. 22, 2023, D.C. Law 24-333, § 3(a), 70 DCR 1524.)
Applicability
Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the change made to this section by § 3(a) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
Section 7135 of D.C. Law 24-167 amended section 6(a) of D.C. Law 23-211 removing the applicability provision impacting this section, except for subsection (d). Therefore the amendment of this section by section 2(b) of Law 23-211 has been implemented, except for subsection (d).
Section 7203 of D.C. Law 24-45 repealed the applicability provision of section 4 of D.C. Law 23-211 that impacted subsection (c), (d), and (f) of this section. Therefore the amendment of this section by §2(b) of Law 23-211 has been implemented.
Applicability of D.C. Law 23-211: § 7203 of D.C. Law 24-45 provided that the change made to subsection (d) and (e) of this section by § 2(b) of D.C. Law 23-211 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
Section 7203 of D.C. Act 24-159 repealed the applicability provision of section 4 of D.C. Law 23-211 that impacted subsection (c), (d), and (f) of this section. Therefore the amendment of this section by §2(b) of Law 23-211 has been implemented.
Applicability of D.C. Law 23-211: § 7203 of D.C. Act 24-159 provided that the change made to subsection (d) and (e) of this section by § 2(b) of D.C. Law 23-211 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
Applicability of D.C. Law 23-211: § 6 of D.C. Law 23-211 provided that the change made to this section by § 2(b) of D.C. Law 23-211 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
Section 7016 of D.C. Law 21-160 repealed § 401 of D.C. Law 20-154. Therefore the changes made to this section by D.C. Law 20-154 have been given effect.
Applicability of D.C. Law 20-154: § 401 of D.C. Law 20-154 provided that the change made to this section by § 103(c) of D.C. Law 20-154 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
Emergency Legislation
For temporary (90 days) repeal of D.C. Law 20-154, § 401, see § 4 of the Fiscal Year 2016 Budget Support Clarification Emergency Amendment Act of 2016 (D.C. Act 21-292, Jan. 27, 2016, 63 DCR 1211).
For temporary (90 days) repeal of D.C. Law 20-154, § 401, see § 9 of the Fiscal Year 2016 Budget Support Clarification Emergency Amendment Act of 2015 (D.C. Act 21-164, Oct. 16, 2015, 62 DCR 13734).
Temporary Legislation
For temporary (225 days) repeal of D.C. Law 20-154, § 401, see § 6 of the Fiscal Year 2016 Budget Support Clarification Temporary Amendment Act of 2015 (D.C. Law 21-76, Feb. 27, 2016, 63 DCR 264).